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[ { "text": "1. Short title \nThis Act may be cited as the Targeting Online Sales of Fentanyl Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. GAO study on the sale of illicit drugs online \n(a) Study \nThe Comptroller General of the United States shall conduct a study on the online sale of fentanyl and methamphetamine, including— (1) business models employed by online sellers of fentanyl and methamphetamine, including an examination of supply chains, logistics, and strategies utilized for customer acquisition, retention, and communication within illicit online marketplaces; (2) utilization of online illicit drug markets and providers (as defined in section 2258E of title 18, United States Code) for facilitating financial transactions in the online sale of fentanyl and methamphetamine, with a particular focus on their impact on individuals who are 18 years of age and younger; (3) efforts of the Federal Government to combat the online sale of fentanyl and methamphetamine, including— (A) interagency collaboration, including personnel detailed to other agencies to support efforts to combat the online trafficking of fentanyl and methamphetamine, and related illicit finance; (B) intergovernmental collaboration between the Federal Government and State, Tribal, local, and foreign governments; (C) intersectoral collaboration with the private sector, including businesses and non-governmental organizations; (D) examination of existing procedures followed by Federal law enforcement agencies in handling cases related to online sales of fentanyl and methamphetamine, encompassing the receipt, investigation, and prosecution processes; (E) analysis of aggregated outcomes from the past 10 years to identify patterns and areas for improvement; and (F) identification of gaps or resource deficiencies in coordinating and collaborating activities described in subparagraphs (A) through (E) to combat the online sale of fentanyl and methamphetamine; (4) models utilized by providers, including machine learning, algorithmic technology, and data analysis techniques, to effectively detect and combat the sale of fentanyl and methamphetamine on their platforms; (5) enforcement mechanisms and processes employed by providers to penalize users involved in the sale of fentanyl and methamphetamine, including user identification, verification procedures, and subsequent actions, such as account suspension, reporting to law enforcement agencies, and collaboration with legal proceedings; and (6) analysis of referrals to the Federal Government by providers detailing information about online sales of fentanyl and methamphetamine, including— (A) the number of referrals from providers to the Federal Government; (B) the number of referrals that were investigated by the Federal Government, including the agencies involved in the investigation and the outcome of the investigation; (C) the number of referrals that resulted in an arrest, prosecution, or conviction, including the offense of the arrest, prosecution, or conviction; and (D) the number of referrals that were shared by the Federal Government with a State, Tribal, or local government, including a law enforcement agency or prosecutor's office. (b) Report required \nNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report containing all findings and determinations made in carrying out the study required under subsection (a).", "id": "idd08db2c3bcdb4000aaf9fe4174de8aac", "header": "GAO study on the sale of illicit drugs online", "nested": [ { "text": "(a) Study \nThe Comptroller General of the United States shall conduct a study on the online sale of fentanyl and methamphetamine, including— (1) business models employed by online sellers of fentanyl and methamphetamine, including an examination of supply chains, logistics, and strategies utilized for customer acquisition, retention, and communication within illicit online marketplaces; (2) utilization of online illicit drug markets and providers (as defined in section 2258E of title 18, United States Code) for facilitating financial transactions in the online sale of fentanyl and methamphetamine, with a particular focus on their impact on individuals who are 18 years of age and younger; (3) efforts of the Federal Government to combat the online sale of fentanyl and methamphetamine, including— (A) interagency collaboration, including personnel detailed to other agencies to support efforts to combat the online trafficking of fentanyl and methamphetamine, and related illicit finance; (B) intergovernmental collaboration between the Federal Government and State, Tribal, local, and foreign governments; (C) intersectoral collaboration with the private sector, including businesses and non-governmental organizations; (D) examination of existing procedures followed by Federal law enforcement agencies in handling cases related to online sales of fentanyl and methamphetamine, encompassing the receipt, investigation, and prosecution processes; (E) analysis of aggregated outcomes from the past 10 years to identify patterns and areas for improvement; and (F) identification of gaps or resource deficiencies in coordinating and collaborating activities described in subparagraphs (A) through (E) to combat the online sale of fentanyl and methamphetamine; (4) models utilized by providers, including machine learning, algorithmic technology, and data analysis techniques, to effectively detect and combat the sale of fentanyl and methamphetamine on their platforms; (5) enforcement mechanisms and processes employed by providers to penalize users involved in the sale of fentanyl and methamphetamine, including user identification, verification procedures, and subsequent actions, such as account suspension, reporting to law enforcement agencies, and collaboration with legal proceedings; and (6) analysis of referrals to the Federal Government by providers detailing information about online sales of fentanyl and methamphetamine, including— (A) the number of referrals from providers to the Federal Government; (B) the number of referrals that were investigated by the Federal Government, including the agencies involved in the investigation and the outcome of the investigation; (C) the number of referrals that resulted in an arrest, prosecution, or conviction, including the offense of the arrest, prosecution, or conviction; and (D) the number of referrals that were shared by the Federal Government with a State, Tribal, or local government, including a law enforcement agency or prosecutor's office.", "id": "ide37f3a057a77484e9f30ad1fefed6d7f", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report required \nNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report containing all findings and determinations made in carrying out the study required under subsection (a).", "id": "id9b82f0259dce4fdea0fbfa7efa4a2640", "header": "Report required", "nested": [], "links": [] } ], "links": [] } ]

[ "Computers and information technology", "Congressional oversight", "Drug trafficking and controlled substances", "Government studies and investigations", "Intergovernmental relations", "Internet, web applications, social media" ]

[ { "text": "1. Short title \nThis Act may be cited as the Better Oversight of Stub Sales and Strengthening Well Informed and Fair Transactions for Audiences of Concert Ticketing Act of 2023 or the BOSS and SWIFT ACT of 2023.", "id": "H4E3E510C392B4A3195C8EBDBA357E881", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Ancillary charge \nThe term ancillary charge — (A) means any fee that must be paid in order to secure a ticket from a primary ticket seller or secondary ticket sales marketplace, including a service fee, convenience charge, delivery and logistics fee, and any other mandatory charge; and (B) does not include taxes. (2) Base price \nThe term base price means the price charged for a ticket other than any ancillary charge and tax. (3) Box office \nThe term box office means a physical location where tickets are offered for primary sale. (4) Bundled series tickets \nThe term bundled series tickets means a package of tickets for multiple events that are part of the same entertainment series. (5) Commission \nThe term Commission means the Federal Trade Commission. (6) Domain name \nThe term domain name means a globally unique, hierarchical reference to an internet host or service, which is assigned through centralized internet naming authorities, and which is comprised of a series of character strings separated by periods, with the right most string specifying the top of the hierarchy. (7) Primary sale \nThe term primary sale means, with regards to a ticket, the initial sale of a ticket. (8) Primary ticket seller \nThe term primary ticket seller means an owner or operator of a venue or a sports team, a manager or provider of an event, or a provider of ticketing services (or an agent of such owner, operator, manager, or provider) that engages in the primary sale of tickets for an event. (9) Purchaser \nThe term purchaser means any person who purchases a ticket from a primary ticket seller or a secondary ticket seller, or on a secondary ticket sales marketplace. (10) Resale; secondary sale \nThe terms resale or secondary sale means, with regards to a ticket, any sale of a ticket that is not a primary sale. (11) Secondary ticket sales marketplace \nThe term secondary ticket sales marketplace means a business, including a primary ticket seller, that operates or provides a website, software application for a mobile device, or any other digital platform, whose purpose is to resell or facilitate the resale of tickets to purchasers. (12) Secondary ticket seller \nThe term secondary ticket seller means an individual, group of individuals, or company, including a primary ticket seller, who engages in the resale or secondary sale of tickets. (13) Ticket \nThe term ticket means a printed, electronic, or other type of evidence of the right for admission to a sporting event, theater, musical performance, or place of public amusement of any kind, including bundled series tickets. (14) Total cost of the ticket \nThe term total cost of the ticket means the base price of the ticket and any ancillary charge. (15) URL \nThe term URL means the uniform resource locator for an internet website.", "id": "HBAC4C5FF25C14E4C92DD3FB516ABD280", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Transparency of marketing, distribution, and pricing by ticket sellers \nA primary ticket seller, secondary ticket seller, and secondary ticket sales marketplace shall do the following: (1) Disclose clearly and conspicuously the total cost of the ticket, from the first time a ticket price is displayed and anytime thereafter. (2) Provide the purchaser before purchase an option to view the base price of the ticket with any ancillary charge and tax itemized. (3) Display the total cost of the ticket in any price quote and advertisement that includes the ticket price. (4) Not change the total cost of the ticket during the purchase process unless there is a clear and conspicuous notice that the total cost of the ticket has changed. (5) If a ticket is not delivered (except for a case in which there is nondelivery due to a cause beyond reasonable control of the seller, including a natural disaster, civil disturbance, or otherwise unforeseeable impediment) provide the purchaser, at the option of the purchaser, at minimum— (A) a full refund for the total cost of the ticket and any tax; or (B) subject to availability, a replacement ticket in a comparable or upgraded location. (6) Disclose clearly and conspicuously whether any given ticket is being offered as a primary sale or secondary sale. (7) Disclose clearly and conspicuously the guarantee or refund policy, including whether any ancillary charge and tax will be refunded to the purchaser, before the completion of the sale of a ticket. (8) Prohibit the design, modification, or manipulation of a user interface with the purpose or substantial effect of obscuring, subverting, or impairing user autonomy, decision making, or choice. (9) Not knowingly sell a ticket for the same seat to more than one person. (10) Report to the Commission any actual or constructive knowledge of activity that may be in violation of the BOTS Act of 2016 ( 15 U.S.C. 45c ; Public Law 114–274 ).", "id": "H96F9F5AF94CC42BE9F4601BAE4C6E351", "header": "Transparency of marketing, distribution, and pricing by ticket sellers", "nested": [], "links": [ { "text": "15 U.S.C. 45c", "legal-doc": "usc", "parsable-cite": "usc/15/45c" }, { "text": "Public Law 114–274", "legal-doc": "public-law", "parsable-cite": "pl/114/274" } ] }, { "text": "4. Primary ticket seller requirements \nA primary ticket seller shall do the following: (1) Disclose clearly and conspicuously on the website of the seller and at the box office of the venue where the event will be held, the total number and total cost of tickets that will be offered for sale to the general public by the seller not less than 7 days before the date on which tickets are made available for primary sale. (2) Not restrict or hinder the ability of a purchaser who has purchased a ticket from a primary ticket seller from— (A) reselling any such ticket independently of the primary ticket seller or any secondary ticket sales marketplace owned or affiliated with the primary ticket seller; and (B) reselling such ticket on the secondary ticket sales marketplace the purchaser chooses. (3) Not require a minimum or maximum price for the resale of any ticket purchased from a primary ticket seller. (4) Not sanction or deny a purchaser admission to an event, deny rights to bundled series tickets or the renewal thereof, or otherwise discriminate against a purchaser on the basis that the purchaser resold a ticket, gifted a ticket, or purchased a resold ticket.", "id": "HFD3B9F356D19444FBACD94EA67316F1E", "header": "Primary ticket seller requirements", "nested": [], "links": [] }, { "text": "5. Secondary ticket seller and secondary ticket sales marketplace requirements \nA secondary ticket seller or secondary ticket sales marketplace shall comply with the following requirements: (1) If a secondary ticket seller does not control the ticket at the time the ticket is offered for sale— (A) the secondary ticket seller shall provide a clear and conspicuous statement on the initial ticket listing that the secondary ticket seller does not control the ticket and cannot guarantee that the seller will be able to obtain the ticket; and (B) the secondary ticket sales marketplace shall implement and maintain a mechanism on the platform of the marketplace to clearly and conspicuously display the statement required in subparagraph (A). (2) A secondary ticket sales marketplace shall provide a clear and conspicuous explanation of how to obtain a refund of the total cost of the ticket and any tax if the purchaser receives a ticket that does not match the description of the ticket provided by the secondary ticket seller. (3) A secondary ticket sales marketplace shall disclose clearly and conspicuously to a purchaser when the secondary ticket sales marketplace is also the primary ticket seller for a venue, team, or artist associated with the event. (4) A secondary ticket sales marketplace shall disclose clearly and conspicuously upon offering a ticket for resale— (A) the delivery method and the delivery timing; and (B) the precise section and row of the seat or space to which the ticket would entitle the bearer, or, if information about the precise section and row of the seat or space is not available, descriptive information about the location of the seat or space, such as a description of a section or other area within the venue where the seat or space is located. (5) A secondary ticket sales marketplace— (A) shall provide a clear and conspicuous statement, before a visitor creates an account with the secondary ticket sales marketplace or selects a ticket, that the marketplace is engaged in the secondary sale of tickets and is not affiliated or endorsed by a venue, team, or artist, as the case may be, unless the marketplace has the express written consent of the venue, team, or artist, as applicable; and (B) shall not use a domain name, or any subdomain thereof, in the URL of the marketplace that contains— (i) the name of a specific team, league, or venue where concerts, sports, or other live entertainment events are held, unless authorized by the owner of the name; (ii) the name of the exhibition or performance or of another event described in clause (i), including the name of a person, team, performance, group, or entity scheduled to perform at any such venue or event, unless authorized by the owner of the name; (iii) any trademark not owned by the secondary ticket sales marketplace, including any trademark owned by an authorized agent or partner of the venue or event identified in clauses (i) and (ii); or (iv) any name substantially similar to those described in clauses (i) and (ii), including any misspelling of any name described in those clauses. (6) Shall not permit the unauthorized secondary sale of a ticket by an individual employee of any venue, primary ticket seller, team, artist, promoter, secondary ticket sales marketplace, or box office, that is directly involved in hosting, promoting, performing in, or selling tickets if such secondary sale— (A) is for a higher total cost than the total cost in the primary sale of the ticket; or (B) is made to any third party and the employee has actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that the third party intends to sell the ticket for a higher total cost than the total cost in the primary sale of the ticket.", "id": "HA1CAC98C8314495499FC89BD77A05AB7", "header": "Secondary ticket seller and secondary ticket sales marketplace requirements", "nested": [], "links": [] }, { "text": "6. Enforcement \n(a) Federal Trade Commission \nA violation of sections 3, 4, or 5 of this Act, or any rule prescribed pursuant to this Act, is enforceable as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. Nothing in this Act shall be construed to limit the authority of the Commission under any other law. (b) State attorneys general \n(1) In general \nExcept as provided in paragraph (6), in any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates a rule prescribed pursuant to this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or other court of competent jurisdiction to— (A) enjoin that practice; (B) enforce compliance with the rule; (C) obtain civil penalties; (D) obtain damages, restitution, or other compensation on behalf of residents of the State; and (E) obtain such other relief as the court may consider to be appropriate. (2) Notice \nThe State shall serve written notice to the Commission of any civil action under paragraph (1) at least 60 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action. (3) Intervention by FTC \nUpon receiving the notice required by paragraph (2), the Commission may intervene in such civil action and upon intervening— (A) be heard on all matters arising in such civil action; (B) remove the action to the appropriate United States district court; and (C) file petitions for appeal of a decision in such civil action. (4) Savings clause \nNothing in this subsection shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. Nothing in this section shall prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Venue; service of process; joinder \nIn a civil action brought under paragraph (1)— (A) the venue shall be a judicial district in which the defendant or a related party is found, is an inhabitant, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code; (B) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (C) a person who participated with a defendant or related party in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (6) Preemptive action by FTC \nWhenever a civil action or an administrative action has been instituted by or on behalf of the Commission for violation of any rule described under paragraph (1), no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under paragraph (1) against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (7) Award of costs and fees \nIf a State prevails in any civil action under paragraph (1), the State can recover reasonable costs and attorney fees. (c) Private right of action \nAny person who suffers injury as a result of another person’s violation of a rule prescribed pursuant to section 3(1) or 4(2), may bring a civil action against such person in a United States district court and may recover from such person damages for such injury plus $1,000 for each requirement or prohibition set forth in such sections that such person violated with respect to a ticket sold to the person bringing such action, and reasonable attorneys’ fees and costs.", "id": "H44A1EF4F1F5D4C48A43E1C3612AC93F8", "header": "Enforcement", "nested": [ { "text": "(a) Federal Trade Commission \nA violation of sections 3, 4, or 5 of this Act, or any rule prescribed pursuant to this Act, is enforceable as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. Nothing in this Act shall be construed to limit the authority of the Commission under any other law.", "id": "HB681E47752EF47C18795E979204C547E", "header": "Federal Trade Commission", "nested": [], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" } ] }, { "text": "(b) State attorneys general \n(1) In general \nExcept as provided in paragraph (6), in any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates a rule prescribed pursuant to this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or other court of competent jurisdiction to— (A) enjoin that practice; (B) enforce compliance with the rule; (C) obtain civil penalties; (D) obtain damages, restitution, or other compensation on behalf of residents of the State; and (E) obtain such other relief as the court may consider to be appropriate. (2) Notice \nThe State shall serve written notice to the Commission of any civil action under paragraph (1) at least 60 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action. (3) Intervention by FTC \nUpon receiving the notice required by paragraph (2), the Commission may intervene in such civil action and upon intervening— (A) be heard on all matters arising in such civil action; (B) remove the action to the appropriate United States district court; and (C) file petitions for appeal of a decision in such civil action. (4) Savings clause \nNothing in this subsection shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. Nothing in this section shall prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Venue; service of process; joinder \nIn a civil action brought under paragraph (1)— (A) the venue shall be a judicial district in which the defendant or a related party is found, is an inhabitant, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code; (B) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (C) a person who participated with a defendant or related party in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (6) Preemptive action by FTC \nWhenever a civil action or an administrative action has been instituted by or on behalf of the Commission for violation of any rule described under paragraph (1), no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under paragraph (1) against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (7) Award of costs and fees \nIf a State prevails in any civil action under paragraph (1), the State can recover reasonable costs and attorney fees.", "id": "H602B9690B9444A9CA4979AB0BA74DD1E", "header": "State attorneys general", "nested": [], "links": [] }, { "text": "(c) Private right of action \nAny person who suffers injury as a result of another person’s violation of a rule prescribed pursuant to section 3(1) or 4(2), may bring a civil action against such person in a United States district court and may recover from such person damages for such injury plus $1,000 for each requirement or prohibition set forth in such sections that such person violated with respect to a ticket sold to the person bringing such action, and reasonable attorneys’ fees and costs.", "id": "H115C96545C5542BB873DC6E84C3E9A59", "header": "Private right of action", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" } ] }, { "text": "7. Nonpreemption \nNothing in this Act shall affect the authority of any State or local government to establish or continue in effect a provision of law of the State or local government relating to the regulation of the resale of tickets to events or the pricing of such tickets for resale, except to the extent that such provision is inconsistent with this Act or a regulation promulgated under this Act, and then only to the extent of the inconsistency. A provision of law of a State or local government is not inconsistent with this Act or a regulation promulgated under this Act if such provision provides equal or greater protection to purchasers than the protection provided under this Act or such regulation.", "id": "H1DE74E0422A4444EAF3F6CFF4ED43AA7", "header": "Nonpreemption", "nested": [], "links": [] }, { "text": "8. FTC study of ticket market \n(a) Effect of BOTS Act of 2016 \nNot later than 90 days after the date of the enactment of this Act, the Commission shall submit to Congress a report on the effect of the enforcement actions by the Commission since the date of the enactment of the BOTS Act of 2016 ( 15 U.S.C. 45c ; Public Law 114–274 ) on the ticket market, including the following: (1) Any enforcement action taken since such date. (2) How the Commission collects evidence of potential violations of the BOTS Act of 2016. (3) Any recommendation to improve enforcement of the BOTS Act of 2016, including whether additional regulations may be needed to encourage reporting by primary ticket sellers, secondary ticket sellers, and secondary ticket sales marketplaces of activity that may be in violation of the BOTS Act of 2016. (b) Effect of this Act \nNot later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the effect of this Act on the ticket market, including the following: (1) Any enforcement action taken since such date. (2) How the Commission collects evidence of potential violations of this Act. (3) Any recommendation to improve enforcement of this Act, including whether additional regulations may be needed to encourage reporting of activity that may be in violation of this Act.", "id": "H684C19AC4EA74C4FA3393DBAD36809F9", "header": "FTC study of ticket market", "nested": [ { "text": "(a) Effect of BOTS Act of 2016 \nNot later than 90 days after the date of the enactment of this Act, the Commission shall submit to Congress a report on the effect of the enforcement actions by the Commission since the date of the enactment of the BOTS Act of 2016 ( 15 U.S.C. 45c ; Public Law 114–274 ) on the ticket market, including the following: (1) Any enforcement action taken since such date. (2) How the Commission collects evidence of potential violations of the BOTS Act of 2016. (3) Any recommendation to improve enforcement of the BOTS Act of 2016, including whether additional regulations may be needed to encourage reporting by primary ticket sellers, secondary ticket sellers, and secondary ticket sales marketplaces of activity that may be in violation of the BOTS Act of 2016.", "id": "H69B771B927BD49419136EDA7D785C277", "header": "Effect of BOTS Act of 2016", "nested": [], "links": [ { "text": "15 U.S.C. 45c", "legal-doc": "usc", "parsable-cite": "usc/15/45c" }, { "text": "Public Law 114–274", "legal-doc": "public-law", "parsable-cite": "pl/114/274" } ] }, { "text": "(b) Effect of this Act \nNot later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the effect of this Act on the ticket market, including the following: (1) Any enforcement action taken since such date. (2) How the Commission collects evidence of potential violations of this Act. (3) Any recommendation to improve enforcement of this Act, including whether additional regulations may be needed to encourage reporting of activity that may be in violation of this Act.", "id": "HCCCFA0B68EFB454FB283418BA214366F", "header": "Effect of this Act", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 45c", "legal-doc": "usc", "parsable-cite": "usc/15/45c" }, { "text": "Public Law 114–274", "legal-doc": "public-law", "parsable-cite": "pl/114/274" } ] } ]

[ "Administrative law and regulatory procedures", "Civil actions and liability", "Competition and antitrust", "Computers and information technology", "Congressional oversight", "Consumer affairs", "Federal Trade Commission (FTC)", "Fraud offenses and financial crimes", "Government studies and investigations", "Internet, web applications, social media", "Legal fees and court costs", "Music", "Performing arts", "Professional sports", "Retail and wholesale trades" ]

[ { "text": "1. Security of office space rented by Senators \nSection 3 of the Legislative Branch Appropriation Act, 1975 ( 2 U.S.C. 6317 ) is amended— (1) in subsection (b)— (A) by redesignating paragraphs (1) through (12) as subparagraphs (A) through (L), respectively; (B) by striking The aggregate and inserting (1) Subject to paragraph (2), the aggregate ; and (C) by adding at the end the following: (2) The aggregate square feet of office space for purposes of paragraph (1) shall not include any portion of the office space used for security or safety enhancements that are— (A) of a kind authorized by the Committee on Rules and Administration of the Senate, which shall include an information technology security closet and a secure lobby or reception area; and (B) approved by the Sergeant at Arms and Doorkeeper of the Senate. ; and (2) in subsection (c)(1)— (A) by striking The maximum and inserting (A) Subject to subparagraph (B), the maximum ; and (B) by adding at the end the following: (B) The portion of the cost of a rental described in subparagraph (A) that is attributable to building security and safety measures shall not be included in determining the annual rate paid for the rental for purposes of subparagraph (A) if— (i) the costs are for building security and safety measures— (I) of a kind authorized by the Committee on Rules and Administration of the Senate, which shall include guard services, access control, and facility monitoring; and (II) approved by the Sergeant at Arms and Doorkeeper of the Senate; and (ii) such costs are itemized separately in a manner approved by the Sergeant at Arms and Doorkeeper of the Senate..", "id": "id14faef7a0b0f454086524e58380d4f3f", "header": "Security of office space rented by Senators", "nested": [], "links": [ { "text": "2 U.S.C. 6317", "legal-doc": "usc", "parsable-cite": "usc/2/6317" } ] } ]

[ "Appropriations", "Computer security and identity theft", "Crime prevention", "Government buildings, facilities, and property", "Senate" ]

[ { "text": "1. Short title \nThis Act may be cited as the Strengthening Enforcement to Curtail Unlawful, Risky Entrance to Flights Act of 2023 or the SECURE Flights Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibited identification documents at airport security checkpoints; notification to immigration agencies \n(a) In general \nThe Administrator may not accept as valid proof of identification a prohibited identification document at an airport security checkpoint. (b) Notification to immigration agencies \nIf an individual presents a prohibited identification document to an officer of the Transportation Security Administration at an airport security checkpoint, the Administrator shall promptly notify the Director of U.S. Immigration and Customs Enforcement, the Director of U.S. Customs and Border Protection, and the head of the appropriate local law enforcement agency to determine whether the individual is in violation of any term of release from the custody of any such agency. (c) Entry into sterile areas \n(1) In general \nExcept as provided in paragraph (2), if an individual is found to be in violation of any term of release under subsection (b), the Administrator shall not permit such individual to enter a sterile area. (2) Exception \nAn individual presenting a prohibited identification document under this section may enter a sterile area if the individual— (A) is leaving the United States for the purposes of removal or deportation; or (B) presents a covered identification document.", "id": "id535800471C0A4636911A325A8FC9382F", "header": "Prohibited identification documents at airport security checkpoints; notification to immigration agencies", "nested": [ { "text": "(a) In general \nThe Administrator may not accept as valid proof of identification a prohibited identification document at an airport security checkpoint.", "id": "id9A46DF0499364977AAF7768E7C2E985C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Notification to immigration agencies \nIf an individual presents a prohibited identification document to an officer of the Transportation Security Administration at an airport security checkpoint, the Administrator shall promptly notify the Director of U.S. Immigration and Customs Enforcement, the Director of U.S. Customs and Border Protection, and the head of the appropriate local law enforcement agency to determine whether the individual is in violation of any term of release from the custody of any such agency.", "id": "idC9785D8C22264E12A94E682F66CA5AE6", "header": "Notification to immigration agencies", "nested": [], "links": [] }, { "text": "(c) Entry into sterile areas \n(1) In general \nExcept as provided in paragraph (2), if an individual is found to be in violation of any term of release under subsection (b), the Administrator shall not permit such individual to enter a sterile area. (2) Exception \nAn individual presenting a prohibited identification document under this section may enter a sterile area if the individual— (A) is leaving the United States for the purposes of removal or deportation; or (B) presents a covered identification document.", "id": "idCBE1AA48C3E349E9BD7C02A0AB229872", "header": "Entry into sterile areas", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Collection of biometric information from certain individuals seeking entry into sterile areas \n(a) In general \nBeginning not later than 120 days after the date of the enactment of this Act, the Administrator shall collect biometric information from an individual described in subsection (b) prior to authorizing such individual to enter into a sterile area. (b) Individual described \nAn individual described in this subsection is an individual who— (1) is seeking entry into a sterile area; (2) does not present a covered identification document; and (3) the Administrator cannot verify is a national of the United States. (c) Participation in IDENT \nBeginning not later than 120 days after the date of the enactment of this Act, the Administrator, in coordination with the Secretary of Homeland Security, shall submit biometric data collected under this section to the Automated Biometric Identification System (IDENT).", "id": "id9179F7A3ED92448BB6A41E6AA254CE91", "header": "Collection of biometric information from certain individuals seeking entry into sterile areas", "nested": [ { "text": "(a) In general \nBeginning not later than 120 days after the date of the enactment of this Act, the Administrator shall collect biometric information from an individual described in subsection (b) prior to authorizing such individual to enter into a sterile area.", "id": "idC52D23795CEF460F9E346366236FA4B3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Individual described \nAn individual described in this subsection is an individual who— (1) is seeking entry into a sterile area; (2) does not present a covered identification document; and (3) the Administrator cannot verify is a national of the United States.", "id": "id2E2F55DBBD34458289458D30CCC98EC9", "header": "Individual described", "nested": [], "links": [] }, { "text": "(c) Participation in IDENT \nBeginning not later than 120 days after the date of the enactment of this Act, the Administrator, in coordination with the Secretary of Homeland Security, shall submit biometric data collected under this section to the Automated Biometric Identification System (IDENT).", "id": "idAA35349DF53845678BC8C2C96B63E9CC", "header": "Participation in IDENT", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the Transportation Security Administration. (2) Biometric information \nThe term biometric information means any of the following: (A) A fingerprint. (B) A palm print. (C) A photograph, including— (i) a photograph of an individual’s face for use with facial recognition technology; and (ii) a photograph of any physical or anatomical feature, such as a scar, skin mark, or tattoo. (D) A signature. (E) A voice print. (F) An iris image. (3) Covered identification document \nThe term covered identification document means any of the following, if the document is valid and unexpired: (A) A United States passport or passport card. (B) A biometrically secure card issued by a trusted or registered traveler program of the Department of Homeland Security, including— (i) Global Entry; (ii) NEXUS; (iii) Secure Electronic Network for Travelers Rapid Inspection (SENTRI); and (iv) Free and Secure Trade (FAST). (C) An identification card issued by the Department of Defense, including such a card issued to a dependent. (D) Any document required for admission to the United States under section 211(a) of the Immigration and Nationality Act ( 8 U.S.C. 1181(a) ). (E) An enhanced driver’s license issued by a State. (F) A photo identification card issued by a federally recognized Indian Tribe. (G) A personal identity verification credential issued in accordance with Homeland Security Presidential Directive 12. (H) A driver's license issued by a province of Canada. (I) A Secure Certificate of Indian Status issued by the Government of Canada. (J) A Transportation Worker Identification Credential. (K) An Employment Authorization Document issued by U.S. Citizenship and Immigration Services. (L) A Merchant Mariner Credential issued by the Coast Guard. (M) A Veteran Health Identification Card issued by the Department of Veterans Affairs. (N) Any other document that the Administrator determines, pursuant to a rule making in accordance with section 553 of title 5, United States Code, will satisfy the identity verification procedures of the Transportation Security Administration. (4) Immigration laws \nThe term immigration laws has the meaning given that term in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (5) Prohibited identification document \nThe term prohibited identification document means any of the following (or any applicable successor form): (A) U.S. Immigration and Customs Enforcement Form I–200, Warrant for Arrest of Alien. (B) U.S. Immigration and Customs Enforcement Form I–205, Warrant of Removal/Deportation. (C) U.S. Immigration and Customs Enforcement Form I–220A, Order of Release on Recognizance. (D) U.S. Immigration and Customs Enforcement Form I–220B, Order of Supervision. (E) Department of Homeland Security Form I–862, Notice to Appear. (F) U.S. Customs and Border Protection Form I–94, Arrival/Departure Record (including a print-out of an electronic record). (G) Department of Homeland Security Form I–385, Alien Booking Record. (6) Sterile area \nThe term sterile area has the meaning given that term in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation.", "id": "id9121D93DC01146679851F413D4098BF9", "header": "Definitions", "nested": [], "links": [ { "text": "8 U.S.C. 1181(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1181" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ]

[ "Aviation and airports", "Border security and unlawful immigration", "Government information and archives", "Immigration status and procedures" ]

[ { "text": "1. Short title \nThis Act may be cited as the Accountability in Foreign Animal Research Act.", "id": "HE5169C2827834CE4AF211ACE707F8B9C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on funding research on animals in certain foreign countries \n(a) In general \nThe Secretary of Health and Human Services may not— (1) directly or indirectly conduct research that involves testing on vertebrate animals in any facility, or through any entity, owned or controlled, directly or indirectly, by— (A) any of the foreign countries specified in subsection (b); or (B) such other foreign country that the Secretary of Health and Human Services, in consultation with the Secretary of State and the Secretary of Defense, determines is a foreign country of concern for the purposes of this Act; or (2) support, through grants, subgrants, contracts, cooperative agreements, or other funding vehicles, research that involves testing on vertebrate animals conducted by any entity based in a foreign country referred to in paragraph (1). (b) Foreign countries specified \nThe foreign countries specified in this subsection are the following: (1) The People’s Republic of China, including the Hong Kong Special Administrative Region. (2) The Islamic Republic of Iran. (3) The Democratic People’s Republic of Korea. (4) The Russian Federation. (c) Report on addition to list of foreign countries \n(1) In general \nThe Secretary of Health and Human Services shall submit to the chairperson and ranking member of each of the appropriate committees of Congress a report with respect to each instance in which the Secretary makes a determination with respect to a country under subsection (a)(1)(B) that contains a detailed accounting of the Secretary’s reasoning for such determination. (2) Timing \nA report shall be submitted under paragraph (1) not later than 60 days after the date of an instance described in such paragraph. (3) Appropriate committees of Congress \nIn this section, the term appropriate committees of Congress means— (A) the Committee on Appropriations of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Appropriations of the House of Representatives; (E) the Committee on Energy and Commerce of the House of Representatives; and (F) the Committee on Homeland Security of the House of Representatives.", "id": "H89F2B2D7D2B2490EB94837953FBAC0D8", "header": "Prohibition on funding research on animals in certain foreign countries", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services may not— (1) directly or indirectly conduct research that involves testing on vertebrate animals in any facility, or through any entity, owned or controlled, directly or indirectly, by— (A) any of the foreign countries specified in subsection (b); or (B) such other foreign country that the Secretary of Health and Human Services, in consultation with the Secretary of State and the Secretary of Defense, determines is a foreign country of concern for the purposes of this Act; or (2) support, through grants, subgrants, contracts, cooperative agreements, or other funding vehicles, research that involves testing on vertebrate animals conducted by any entity based in a foreign country referred to in paragraph (1).", "id": "HDCA0FF08D0E8432BAA5251040D35A996", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Foreign countries specified \nThe foreign countries specified in this subsection are the following: (1) The People’s Republic of China, including the Hong Kong Special Administrative Region. (2) The Islamic Republic of Iran. (3) The Democratic People’s Republic of Korea. (4) The Russian Federation.", "id": "H7C792AB50DC548BA9204CA9784A7BB8D", "header": "Foreign countries specified", "nested": [], "links": [] }, { "text": "(c) Report on addition to list of foreign countries \n(1) In general \nThe Secretary of Health and Human Services shall submit to the chairperson and ranking member of each of the appropriate committees of Congress a report with respect to each instance in which the Secretary makes a determination with respect to a country under subsection (a)(1)(B) that contains a detailed accounting of the Secretary’s reasoning for such determination. (2) Timing \nA report shall be submitted under paragraph (1) not later than 60 days after the date of an instance described in such paragraph. (3) Appropriate committees of Congress \nIn this section, the term appropriate committees of Congress means— (A) the Committee on Appropriations of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Appropriations of the House of Representatives; (E) the Committee on Energy and Commerce of the House of Representatives; and (F) the Committee on Homeland Security of the House of Representatives.", "id": "H3A2EBE3D9ED2461F9B913BCADB47461F", "header": "Report on addition to list of foreign countries", "nested": [], "links": [] } ], "links": [] } ]

[ "Animal protection and human-animal relationships", "Asia", "China", "Congressional oversight", "Europe", "Foreign aid and international relief", "Government information and archives", "Hong Kong", "Iran", "Middle East", "North Korea", "Research administration and funding", "Russia" ]

[ { "text": "1. Short title \nThis Act may be cited as the Work Without Worry Act.", "id": "H67981AD823C246B5A1D8C9F7ADD380A6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Elimination of work disincentive for childhood disability beneficiaries \n(a) In general \nSection 202(d) of the Social Security Act ( 42 U.S.C. 402(d) ) is amended— (1) in paragraph (1)(B)(ii), by striking is under a disability (as defined in section 223(d)) which began before he attained the age of 22, and and inserting the following: “is under a disability (as defined in section 223(d)), and— (I) the physical or mental impairment (or combination of impairments) that is the basis for the finding of disability began before the child attained the age of 22 (or is of such a type that can reasonably be presumed to have begun before the child attained the age of 22, as determined by the Commissioner), and (II) the impairment or combination of impairments could have been the basis for a finding of disability (without regard to whether the child was actually engaged in substantial gainful activity) before the child attained age 22, and ; and (2) by adding at the end the following new paragraphs: (11) (A) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who— (i) has not attained early retirement age (as defined in section 216(l)(2)); (ii) has filed an application for child's insurance benefits; and (iii) is insured for disability benefits (as determined under section 223(c)(1)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and disability insurance benefits under section 223. (B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who— (i) has attained early retirement age (as defined in section 216(l)(2)); (ii) has filed an application for child's insurance benefits; and (iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). (C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child's insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child's insurance benefit to which the child would be entitled, the child shall not be entitled to a child's insurance benefit based on such application. (D) For purposes of subparagraph (C), the amount of the monthly old-age or disability benefit to which the child would be entitled shall be determined— (i) without regard to the primary insurance amount calculation described in section 215(a)(7); and (ii) before application of section 224. (12) For purposes of paragraph (1)(B)(ii), a child shall not be required to be continuously under a disability during the period between the date that the disability began and the date that the application for child’s insurance benefits is filed.. (b) Effective date \nThe amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section.", "id": "H069254B6BB494473ACCF47147864E83C", "header": "Elimination of work disincentive for childhood disability beneficiaries", "nested": [ { "text": "(a) In general \nSection 202(d) of the Social Security Act ( 42 U.S.C. 402(d) ) is amended— (1) in paragraph (1)(B)(ii), by striking is under a disability (as defined in section 223(d)) which began before he attained the age of 22, and and inserting the following: “is under a disability (as defined in section 223(d)), and— (I) the physical or mental impairment (or combination of impairments) that is the basis for the finding of disability began before the child attained the age of 22 (or is of such a type that can reasonably be presumed to have begun before the child attained the age of 22, as determined by the Commissioner), and (II) the impairment or combination of impairments could have been the basis for a finding of disability (without regard to whether the child was actually engaged in substantial gainful activity) before the child attained age 22, and ; and (2) by adding at the end the following new paragraphs: (11) (A) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who— (i) has not attained early retirement age (as defined in section 216(l)(2)); (ii) has filed an application for child's insurance benefits; and (iii) is insured for disability benefits (as determined under section 223(c)(1)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and disability insurance benefits under section 223. (B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who— (i) has attained early retirement age (as defined in section 216(l)(2)); (ii) has filed an application for child's insurance benefits; and (iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing; such application shall be deemed to be an application for both child's insurance benefits under this subsection and old-age insurance benefits under section 202(a). (C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child's insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child's insurance benefit to which the child would be entitled, the child shall not be entitled to a child's insurance benefit based on such application. (D) For purposes of subparagraph (C), the amount of the monthly old-age or disability benefit to which the child would be entitled shall be determined— (i) without regard to the primary insurance amount calculation described in section 215(a)(7); and (ii) before application of section 224. (12) For purposes of paragraph (1)(B)(ii), a child shall not be required to be continuously under a disability during the period between the date that the disability began and the date that the application for child’s insurance benefits is filed..", "id": "id8EB27EB3681243D3A74DAD076013169D", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 402(d)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section.", "id": "id7DFEDD0268434C3EB60E7CEB0A0BD1EB", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 402(d)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] } ]

[ "Child health", "Disability assistance", "Employee benefits and pensions" ]

[ { "text": "1. Short title \nThis Act may be cited as the Seniors’ Access to Critical Medications Act of 2023.", "id": "H7C10B0494E214A57A98E68EA2F912BFF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Clarifying the application of the in-office ancillary services exception to the physician self-referral prohibition for drugs furnished under the Medicare program \n(a) In general \nSection 1877(b)(2) of the Social Security Act ( 42 U.S.C. 1395nn(b)(2) ) is amended by adding at the end the following new sentence: With respect to services consisting of drugs, and any supplies necessary to administer such drugs, furnished on or after May 11, 2023, the requirement that such drugs and supplies be furnished in accordance with subparagraph (A)(ii) in order to qualify as a case described in this paragraph shall not apply.. (b) Withdrawal of FAQs \nThe Secretary of Health and Human Services shall remove the frequently asked questions and answers published on the website of the Centers for Medicare & Medicaid Services on September 20, 2021, and May 19, 2023, which prohibit or seek to prohibit the arrangement described in the amendment made by subsection (a) and those frequently asked questions and answers shall be deemed to have never been published.", "id": "HA754177E969D469CBB7F035AE6389476", "header": "Clarifying the application of the in-office ancillary services exception to the physician self-referral prohibition for drugs furnished under the Medicare program", "nested": [ { "text": "(a) In general \nSection 1877(b)(2) of the Social Security Act ( 42 U.S.C. 1395nn(b)(2) ) is amended by adding at the end the following new sentence: With respect to services consisting of drugs, and any supplies necessary to administer such drugs, furnished on or after May 11, 2023, the requirement that such drugs and supplies be furnished in accordance with subparagraph (A)(ii) in order to qualify as a case described in this paragraph shall not apply..", "id": "HBB962242418A4466B575F5BF6FB6A2D2", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395nn(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395nn" } ] }, { "text": "(b) Withdrawal of FAQs \nThe Secretary of Health and Human Services shall remove the frequently asked questions and answers published on the website of the Centers for Medicare & Medicaid Services on September 20, 2021, and May 19, 2023, which prohibit or seek to prohibit the arrangement described in the amendment made by subsection (a) and those frequently asked questions and answers shall be deemed to have never been published.", "id": "HBFFF37AF52F546F29DCD42B2F664654F", "header": "Withdrawal of FAQs", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395nn(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395nn" } ] } ]

[ "Government information and archives", "Internet, web applications, social media", "Medicare", "Prescription drugs" ]

[ { "text": "1. Short title \nThis Act may be cited as the Canal Conveyance Capacity Restoration Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purposes \nThe purposes of this Act are— (1) to address severe subsidence impacts that have substantially reduced the carrying capacity of the water delivery system of the State; and (2) to provide additional water supply in the State at a relatively low cost per acre-foot to increase— (A) resiliency to increasingly severe droughts in the State; (B) groundwater recharge needed to assist in meeting groundwater sustainability goals established under State law; and (C) the reliability of surface or groundwater supplies, portions of which serve disadvantaged communities.", "id": "idedf2bdcdfa094748a612b37ff031abbf", "header": "Purposes", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Federal pool \nThe term Federal pool means each of pools 13 through 21 of the San Luis Canal/California Aqueduct, which are owned by the United States and operated by the California Department of Water Resources under the agreement entitled Agreement Between the United States of America and the Department of Water Resources of the State of California for the Construction and Operation of the Joint-Use Facilities of the San Luis Unit and dated December 30, 1961. (2) Net present value of the local contribution to reimbursable Federal funding \nThe term net present value of the local contribution to reimbursable Federal funding means, with respect to a project, the amount equal to the difference between— (A) the total amount of reimbursable Federal funds made available for a project; and (B) the amount of the present value, as of the date of the calculation, of any interest subsidy provided through the repayment terms to the Treasury over similarly structured municipal bond financing available to the non-Federal entity on the disbursement of the reimbursable Federal funds for the project. (3) Non-Federal pool \nThe term non-Federal pool means each of pools 22 through 40 of the California Aqueduct, which are owned by the State and operated by the California Department of Water Resources. (4) Secretary \nThe term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. (5) State \nThe term State means the State of California.", "id": "ided91e8bec49c4ac584be7cd2710fdba2", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Friant-Kern Canal and Delta-Mendota Canal subsidence mitigation projects \n(a) In general \nThe Secretary may provide financial assistance for the design, planning, and construction of— (1) Federal facility improvements to the Friant Division, Central Valley Project, California, under section 10201(a)(1) of the San Joaquin River Restoration Settlement Act ( Public Law 111–11 ; 123 Stat. 1365); and (2) a project to restore conveyance capacity at, and to mitigate subsidence-related impacts on, the Delta-Mendota Canal, through a partnership with— (A) a public water agency that contracts for the delivery of Central Valley Project water; or (B) a local joint powers authority formed under State law by public water agencies that contract for the delivery of Central Valley Project water. (b) Cost-Sharing requirement \n(1) Federal share \nThe Federal share of the cost of carrying out a project under subsection (a) shall be not more than 33 percent of the total cost of the project, including amounts contributed after October 1, 2018. (2) Form of non-Federal share \nThe non-Federal share of the cost of carrying out a project under subsection (a) may be provided in the form of cash or in-kind contributions, including the net present value of the local contribution to the reimbursable Federal funding for the project after October 1, 2018. (c) Required determination by Secretary \nFederal funds shall not be made available under this Act for a project under subsection (a) unless the Secretary determines that— (1) there is an adequate non-Federal cost share to match the total amount of federally appropriated financial assistance made available for the project as of the date of the determination of the Secretary; and (2) the project is designed in a manner— (A) to satisfy the purposes described in section 2, after taking into account anticipated future subsidence; and (B) to comply with all applicable requirements of Federal and State law, including part 2.74 of division 6 of the California Water Code (commonly known as the California Sustainable Groundwater Management Act ).", "id": "idc4cf064bc07047f983be061f60aceef3", "header": "Friant-Kern Canal and Delta-Mendota Canal subsidence mitigation projects", "nested": [ { "text": "(a) In general \nThe Secretary may provide financial assistance for the design, planning, and construction of— (1) Federal facility improvements to the Friant Division, Central Valley Project, California, under section 10201(a)(1) of the San Joaquin River Restoration Settlement Act ( Public Law 111–11 ; 123 Stat. 1365); and (2) a project to restore conveyance capacity at, and to mitigate subsidence-related impacts on, the Delta-Mendota Canal, through a partnership with— (A) a public water agency that contracts for the delivery of Central Valley Project water; or (B) a local joint powers authority formed under State law by public water agencies that contract for the delivery of Central Valley Project water.", "id": "id275323346ed74120a91f6db201bb0d51", "header": "In general", "nested": [], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] }, { "text": "(b) Cost-Sharing requirement \n(1) Federal share \nThe Federal share of the cost of carrying out a project under subsection (a) shall be not more than 33 percent of the total cost of the project, including amounts contributed after October 1, 2018. (2) Form of non-Federal share \nThe non-Federal share of the cost of carrying out a project under subsection (a) may be provided in the form of cash or in-kind contributions, including the net present value of the local contribution to the reimbursable Federal funding for the project after October 1, 2018.", "id": "iddff7fb5824174110be1325ffa638b98d", "header": "Cost-Sharing requirement", "nested": [], "links": [] }, { "text": "(c) Required determination by Secretary \nFederal funds shall not be made available under this Act for a project under subsection (a) unless the Secretary determines that— (1) there is an adequate non-Federal cost share to match the total amount of federally appropriated financial assistance made available for the project as of the date of the determination of the Secretary; and (2) the project is designed in a manner— (A) to satisfy the purposes described in section 2, after taking into account anticipated future subsidence; and (B) to comply with all applicable requirements of Federal and State law, including part 2.74 of division 6 of the California Water Code (commonly known as the California Sustainable Groundwater Management Act ).", "id": "idf28f3ecde8b149249bfdabe32bf512d1", "header": "Required determination by Secretary", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] }, { "text": "5. California aqueduct subsidence mitigation project \n(a) In general \nThe Secretary may provide financial assistance for the design, planning, and construction of projects to restore conveyance capacity at, and to mitigate subsidence-related impacts on, the Federal pool and non-Federal pool. (b) Non-Federal partners \nTo carry out this section, the Secretary may enter into partnerships with— (1) the State; or (2) a local joint powers authority formed under State law by public water agencies that contract for delivery of water from the Central Valley Project or the State Water Project. (c) Cost-Sharing requirement \n(1) Federal share \nThe Federal share of the cost of carrying out a project under subsection (a) shall be not more than 33 percent of the total cost of the project, including any amounts expended by the State for subsidence repairs in the Federal pool and non-Federal pool for the project after October 1, 2018. (2) Form of non-Federal share \nThe non-Federal share of the cost of a project provided financial assistance under subsection (a) may be in the form of cash or in-kind contributions. (d) Required determination by Secretary \nFederal funds shall not be made available under this Act for a project under subsection (a) unless the Secretary determines, with the concurrence of the Governor of the State, that— (1) there is an adequate non-Federal cost share to match the total amount of federally appropriated financial assistance made available for the project as of the date of the determination of the Secretary; and (2) the project is designed in a manner— (A) to satisfy the purposes described in section 2, after taking into account anticipated future subsidence; and (B) to comply with all applicable requirements of Federal and State law, including part 2.74 of division 6 of the California Water Code (commonly known as the California Sustainable Groundwater Management Act ).", "id": "id912d787e7f0e4c5b8bd511f12470ddaa", "header": "California aqueduct subsidence mitigation project", "nested": [ { "text": "(a) In general \nThe Secretary may provide financial assistance for the design, planning, and construction of projects to restore conveyance capacity at, and to mitigate subsidence-related impacts on, the Federal pool and non-Federal pool.", "id": "idf511dd523f2f46949f85722374006718", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Non-Federal partners \nTo carry out this section, the Secretary may enter into partnerships with— (1) the State; or (2) a local joint powers authority formed under State law by public water agencies that contract for delivery of water from the Central Valley Project or the State Water Project.", "id": "idbdec7369453e4a0688f0bb30e36f1f76", "header": "Non-Federal partners", "nested": [], "links": [] }, { "text": "(c) Cost-Sharing requirement \n(1) Federal share \nThe Federal share of the cost of carrying out a project under subsection (a) shall be not more than 33 percent of the total cost of the project, including any amounts expended by the State for subsidence repairs in the Federal pool and non-Federal pool for the project after October 1, 2018. (2) Form of non-Federal share \nThe non-Federal share of the cost of a project provided financial assistance under subsection (a) may be in the form of cash or in-kind contributions.", "id": "id79abbcd95f3b4329a32d6a420ede589f", "header": "Cost-Sharing requirement", "nested": [], "links": [] }, { "text": "(d) Required determination by Secretary \nFederal funds shall not be made available under this Act for a project under subsection (a) unless the Secretary determines, with the concurrence of the Governor of the State, that— (1) there is an adequate non-Federal cost share to match the total amount of federally appropriated financial assistance made available for the project as of the date of the determination of the Secretary; and (2) the project is designed in a manner— (A) to satisfy the purposes described in section 2, after taking into account anticipated future subsidence; and (B) to comply with all applicable requirements of Federal and State law, including part 2.74 of division 6 of the California Water Code (commonly known as the California Sustainable Groundwater Management Act ).", "id": "idac49bdaffff948e2a3bb51f87daebd74", "header": "Required determination by Secretary", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Prepayment of certain water contracts \nSection 4013 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) subsections (a), (b), (c), (d), and (f) of section 4011, which shall expire on December 31, 2033..", "id": "idae5a5d28543f43c0aad9ad25b17bd5cf", "header": "Prepayment of certain water contracts", "nested": [], "links": [ { "text": "43 U.S.C. 390b", "legal-doc": "usc", "parsable-cite": "usc/43/390b" }, { "text": "Public Law 114–322", "legal-doc": "public-law", "parsable-cite": "pl/114/322" } ] }, { "text": "7. Environmental compliance \nIn carrying out a project under this Act, the Secretary shall comply with applicable environmental laws, including— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (3) applicable State law.", "id": "id22dd913d66984f4b9c48b8f40cb5f93c", "header": "Environmental compliance", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" } ] }, { "text": "8. Authorization of appropriations \n(a) In general \nThere are authorized to be appropriated to the Secretary, as adjusted annually to reflect changes since March 2021 in the Bureau of Reclamation Construction Cost Trends Index applicable to the types of construction involved— (1) $180,000,000 to carry out section 4(a)(1), consistent with, and in addition to funding authorized under, section 10203(c) of the San Joaquin River Restoration Settlement Act ( Public Law 111–11 ; 123 Stat. 1367); (2) $183,900,000 to carry out section 4(a)(2); (3) $194,000,000 to pay the Federal share for the Federal pool under section 5; (4) $95,500,000 to pay the Federal share for the non-Federal pool under section 5; and (5) $180,000,000 to implement the Restoration Goal of the settlement described in section 10004 of the San Joaquin River Restoration Settlement Act ( Public Law 111–11 ; 123 Stat. 1350), in addition to the funding authorized under section 10009 of that Act. (b) Limitations \nAmounts made available under subsection (a) may not be used— (1) to build new surface storage; (2) to raise existing reservoirs; or (3) to enlarge the carrying capacity of a canal constructed by the Bureau of Reclamation, except for a temporary increase in carrying capacity that is intended— (A) to mitigate anticipated future subsidence; and (B) to avoid an increase in carrying capacity that would otherwise be required on the occurrence of anticipated future subsidence. (c) Additional amounts \nAmounts made available under subsection (a) shall be— (1) in addition to any other amounts made available for the purposes described in that subsection; and (2) nonreimbursable.", "id": "id5c8aa36d5a7c47b380be5e7ffa73b832", "header": "Authorization of appropriations", "nested": [ { "text": "(a) In general \nThere are authorized to be appropriated to the Secretary, as adjusted annually to reflect changes since March 2021 in the Bureau of Reclamation Construction Cost Trends Index applicable to the types of construction involved— (1) $180,000,000 to carry out section 4(a)(1), consistent with, and in addition to funding authorized under, section 10203(c) of the San Joaquin River Restoration Settlement Act ( Public Law 111–11 ; 123 Stat. 1367); (2) $183,900,000 to carry out section 4(a)(2); (3) $194,000,000 to pay the Federal share for the Federal pool under section 5; (4) $95,500,000 to pay the Federal share for the non-Federal pool under section 5; and (5) $180,000,000 to implement the Restoration Goal of the settlement described in section 10004 of the San Joaquin River Restoration Settlement Act ( Public Law 111–11 ; 123 Stat. 1350), in addition to the funding authorized under section 10009 of that Act.", "id": "id82f5705a9a174ac689d96712a46e57a7", "header": "In general", "nested": [], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" }, { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] }, { "text": "(b) Limitations \nAmounts made available under subsection (a) may not be used— (1) to build new surface storage; (2) to raise existing reservoirs; or (3) to enlarge the carrying capacity of a canal constructed by the Bureau of Reclamation, except for a temporary increase in carrying capacity that is intended— (A) to mitigate anticipated future subsidence; and (B) to avoid an increase in carrying capacity that would otherwise be required on the occurrence of anticipated future subsidence.", "id": "id2b8e8d23d93e464fbd0da04a1f2e29f2", "header": "Limitations", "nested": [], "links": [] }, { "text": "(c) Additional amounts \nAmounts made available under subsection (a) shall be— (1) in addition to any other amounts made available for the purposes described in that subsection; and (2) nonreimbursable.", "id": "id1698b3524eb94ea1b0f83648b30750c2", "header": "Additional amounts", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" }, { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] } ]

[ "California", "Dams and canals", "Earth sciences", "Intergovernmental relations", "Lakes and rivers", "State and local government operations", "Water resources funding", "Water use and supply" ]

[ { "text": "1. Short title \nThis Act may be cited as the ReConnecting Rural America Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Access to broadband telecommunications services in rural areas \n(a) In general \nSection 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb ) is amended— (1) by striking subsections (a) through (f) and inserting the following: (a) Purpose \nThe purpose of this section is to provide assistance in the form of grants, loans, and combinations of grants and loans for the costs of the construction, improvement, and acquisition of facilities and equipment for broadband service in rural areas. (b) Definitions \nIn this section: (1) Broadband service \nThe term broadband service means any technology identified by the Secretary as having the capacity to transmit data to enable a subscriber to the service to originate and receive high-quality voice, data, graphics, and video. (2) Rural area \n(A) In general \nThe term rural area means any area other than— (i) an area described in clause (i) or (ii) of section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13)(A) ); and (ii) a city, town, or incorporated area that has a population of greater than 20,000 inhabitants. (B) Urban area growth \nThe Secretary may, by regulation only, consider an area described in section 343(a)(13)(F)(i)(I) of that Act to not be a rural area for purposes of this section. (C) Exclusion of certain populations \nThe term rural area does not include any population described in subparagraph (H) or (I) of section 343(a)(13) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13) ). (c) Grants, loans, and combinations \n(1) In general \nThe Secretary shall make grants, loans, and combinations of grants and loans to eligible entities described in subsection (d) to provide funds for the construction, improvement, or acquisition of facilities and equipment for the provision of broadband service in rural areas. (2) Project eligibility \nTo be eligible for a grant, loan, or grant and loan combination under paragraph (1), in addition to the requirements of subsection (d), the project that is the subject of the grant, loan, or grant and loan combination shall— (A) provide broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 100-Mbps upstream transmission capacity; and (B) subject to paragraph (4), be carried out in a proposed service territory in which at least 75 percent of the households lack access to broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 20-Mbps upstream transmission capacity. (3) Priority \nIn making grants, loans, and grant and loan combinations under paragraph (1), the Secretary— (A) shall give priority to applications for projects to provide broadband service in a proposed service territory in which at least 90 percent of households lack access to broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 20-Mbps upstream transmission capacity; and (B) may give priority to applications for projects to provide broadband service— (i) in proposed service territories— (I) with a population of less than 10,000 permanent residents; (II) that are experiencing outmigration and have adopted a strategic community investment plan under section 379H(d) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008v(d) ) that includes considerations for improving and expanding broadband service; (III) with a high percentage of low income families or persons (as defined in section 501(b) of the Housing Act of 1949 ( 42 U.S.C. 1471(b) )); or (IV) that are isolated from other significant population centers; (ii) that would ensure that all laborers and mechanics employed by contractors or subcontractors on the construction work performed on projects financed, in whole or in part, with the grant, loan, or grant and loan combination shall be paid wages at rates not less than those prevailing on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code; (iii) that would provide rapid and expanded deployment of fixed and mobile broadband service on cropland and ranchland within the service territory for use in various applications of precision agriculture; or (iv) submitted by an eligible entity that has provided broadband service or other utility service for not less than 5 years in rural areas in the State in which the project would be carried out. (4) Additional requirements for grant-only awards \nTo be eligible for assistance under paragraph (1) in the form of a grant only, in addition to the requirements of subsection (d)— (A) an entity shall be— (i) a Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (ii) a colonia; (iii) a persistent poverty county, as determined by the Secretary; or (iv) a socially vulnerable community, as determined by the Secretary; or (B) the project that is the subject of the grant shall be carried out in a proposed service territory in which at least 90 percent of households lack access to broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 20-Mbps upstream transmission capacity. (d) Eligibility \n(1) Eligible entities \n(A) In general \nTo be eligible to obtain a grant, loan, or grant and loan combination under subsection (c), an entity shall— (i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (ii) agree to complete buildout of the broadband infrastructure described in the application by not later than 5 years after the initial date on which assistance under subsection (c) is made available; and (iii) participate or agree to participate in— (I) the Affordable Connectivity Program established under section 904(b) of division N of the Consolidated Appropriations Act, 2021 ( 47 U.S.C. 1752(b) ); (II) the Lifeline program under subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation); or (III) any successor Federal internet affordability assistance program. (B) Inclusions \nAn entity eligible to obtain a grant, loan, or grant and loan combination under subsection (c) may include— (i) a State or local government, including any agency, subdivision, instrumentality, or political subdivision of a State or local government; (ii) a territory or possession of the United States; (iii) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (iv) a cooperative or mutual organization; (v) an organization of 2 or more incorporated areas that have established an intermunicipal legal agreement for the purpose of delivering communication services to residents; (vi) a corporation; and (vii) a limited liability company or limited liability partnership. (C) Ineligible entities \nAn individual or legal general partnership that is formed with individuals shall not be eligible to obtain a grant, loan, or grant and loan combination under subsection (c). (D) Limitation \n(i) In general \nAn eligible entity described in this paragraph that provides telecommunications or broadband service to at least 20 percent of the households in the United States may not receive an amount of funds under this section for a fiscal year in excess of 15 percent of the funds authorized and appropriated under subsection (i) for the fiscal year. (ii) States and State agencies and instrumentalities \nA State or an agency or instrumentality of a State may not, in total, receive an amount of funds under this section for a fiscal year in excess of 15 percent of the funds authorized and appropriated under subsection (i) for the fiscal year. (E) Previous awards \nAn entity to which a grant, loan, or grant and loan combination is made under subsection (c) shall not use the grant, loan, or grant and loan combination to deploy broadband service in a service area in which broadband service is deployed by any other entity that has received a broadband grant or loan from the Rural Utilities Service, the National Telecommunications and Information Administration, the Department of the Treasury, the Federal Communications Commission, or a State broadband grant program, unless the service provided by the other entity does not provide to at least 75 percent of the households in the service area access to broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 20-Mbps upstream transmission capacity. (2) Equity requirements \n(A) In general \nThe Secretary may require an entity to provide a cost share in an amount not to exceed 25 percent of the amount of the grant (including the grant in a grant and loan combination) under subsection (c) requested in the application of the entity. (B) Waiver \nThe Secretary may waive the cost share requirement under subparagraph (A) for entities or projects described in subsection (c)(4). (3) Technical assistance and training \n(A) In general \nThe Secretary may provide to eligible entities described in paragraph (1) that are applying for assistance under this section for a project described in subsection (c)(3)(A) technical assistance and training— (i) to prepare reports and surveys necessary to request grants, loans, and grant and loan combinations under this section for broadband deployment; (ii) to improve management, including financial management, relating to the proposed broadband deployment; (iii) to prepare applications for grants, loans, and grant and loan combinations under this section; or (iv) to assist with other areas of need identified by the Secretary. (B) Funding \nNot less than 3 percent and not more than 5 percent of amounts appropriated under subsection (i) to carry out this section for a fiscal year shall be used for technical assistance and training under this paragraph. (e) Broadband service \n(1) In general \nSubject to paragraph (2), for purposes of this section, the minimum acceptable level of broadband service for a rural area shall be at least— (A) a 100-Mbps downstream transmission capacity; and (B) a 100-Mbps upstream transmission capacity. (2) Adjustments \nAt least once every 2 years, the Secretary shall review, and may adjust through notice published in the Federal Register, the minimum acceptable level of broadband service established under paragraph (1) and broadband buildout requirements under paragraph (3) to ensure that high-quality, cost-effective broadband service is provided to rural areas over time. (3) Broadband buildout requirements \n(A) Definition of broadband buildout requirement \nIn this paragraph, the term broadband buildout requirement means the level of internet service an applicant receiving assistance under this section must agree, at the time the application is finalized, to provide for the duration of any project-related agreement between the applicant and the Department. (B) Establishment of broadband buildout requirements \nThe Secretary shall establish broadband buildout requirements that— (i) utilize the same metrics used to define the minimum acceptable level of broadband service under paragraph (1); and (ii) reasonably ensure— (I) the repayment of all loans; and (II) the financed network is technically capable of providing broadband service for the lifetime of any project-related agreement. (C) Substitute service standards for unique service territories \n(i) In general \nIf an applicant shows that it would be cost prohibitive to meet the broadband buildout requirements established under this paragraph for the entirety of a proposed service territory due to the unique characteristics of the proposed service territory, the Secretary and the applicant may agree to utilize substitute standards for any unserved portion of the project. (ii) Requirement \nAny substitute service standards described in clause (i) should continue to consider the best technology available to meet the needs of the residents in the unserved area. ; (2) by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively; (3) in subsection (f) (as so redesignated)— (A) in the subsection heading, by striking Loans and Loan Guarantees.— and inserting Loans.— ; and (B) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking or loan guarantee ; and (ii) in subparagraph (A)— (I) by striking clause (ii); (II) by striking Secretary— in the matter preceding clause (i) and all that follows through in the case in the matter preceding subclause (I) of clause (i) and inserting Secretary in the case ; and (III) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting appropriately; (4) in subsection (g) (as so redesignated), by striking or loan guarantee each place it appears; (5) in subsection (h) (as so redesignated), in paragraph (1), by striking 1974) and inserting 1974 ( 2 U.S.C. 661a )) ; and (6) by striking subsections (j) and (k) and inserting the following: (i) Funding \n(1) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out subsections (a) through (h) $650,000,000 for each of fiscal years 2024 through 2028, to remain available until expended. (2) Administration \nNot more than 5 percent of the amounts made available under paragraphs (1) and (3) shall be available to the Secretary for the administration of subsections (a) through (h). (3) Direct funding \n(A) Rescission \nThere is rescinded the unobligated balance of amounts made available to carry out section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 399). (B) Direct funding \nOn the day after the execution of the rescission in subparagraph (A), there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, an amount equal to the amount rescinded in subparagraph (A), to carry out subsections (a) through (h), to remain available until expended. (j) Additional rural broadband program loans \n(1) In general \nThe Secretary may provide direct loans in accordance with the requirements under this section, as in effect on the day before the date of enactment of the ReConnecting Rural America Act of 2023. (2) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out this subsection $350,000,000 for each of fiscal years 2024 through 2028, to remain available until expended. (k) Termination of authority \nNo grant, loan, or grant and loan combination may be made under this section after September 30, 2028.. (b) Sunset \nBeginning on the date that is 120 days after the date of enactment of this Act, section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 399), shall have no force or effect.", "id": "id41aaeb6c00334c64812aca174388e49f", "header": "Access to broadband telecommunications services in rural areas", "nested": [ { "text": "(a) In general \nSection 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb ) is amended— (1) by striking subsections (a) through (f) and inserting the following: (a) Purpose \nThe purpose of this section is to provide assistance in the form of grants, loans, and combinations of grants and loans for the costs of the construction, improvement, and acquisition of facilities and equipment for broadband service in rural areas. (b) Definitions \nIn this section: (1) Broadband service \nThe term broadband service means any technology identified by the Secretary as having the capacity to transmit data to enable a subscriber to the service to originate and receive high-quality voice, data, graphics, and video. (2) Rural area \n(A) In general \nThe term rural area means any area other than— (i) an area described in clause (i) or (ii) of section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13)(A) ); and (ii) a city, town, or incorporated area that has a population of greater than 20,000 inhabitants. (B) Urban area growth \nThe Secretary may, by regulation only, consider an area described in section 343(a)(13)(F)(i)(I) of that Act to not be a rural area for purposes of this section. (C) Exclusion of certain populations \nThe term rural area does not include any population described in subparagraph (H) or (I) of section 343(a)(13) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13) ). (c) Grants, loans, and combinations \n(1) In general \nThe Secretary shall make grants, loans, and combinations of grants and loans to eligible entities described in subsection (d) to provide funds for the construction, improvement, or acquisition of facilities and equipment for the provision of broadband service in rural areas. (2) Project eligibility \nTo be eligible for a grant, loan, or grant and loan combination under paragraph (1), in addition to the requirements of subsection (d), the project that is the subject of the grant, loan, or grant and loan combination shall— (A) provide broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 100-Mbps upstream transmission capacity; and (B) subject to paragraph (4), be carried out in a proposed service territory in which at least 75 percent of the households lack access to broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 20-Mbps upstream transmission capacity. (3) Priority \nIn making grants, loans, and grant and loan combinations under paragraph (1), the Secretary— (A) shall give priority to applications for projects to provide broadband service in a proposed service territory in which at least 90 percent of households lack access to broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 20-Mbps upstream transmission capacity; and (B) may give priority to applications for projects to provide broadband service— (i) in proposed service territories— (I) with a population of less than 10,000 permanent residents; (II) that are experiencing outmigration and have adopted a strategic community investment plan under section 379H(d) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008v(d) ) that includes considerations for improving and expanding broadband service; (III) with a high percentage of low income families or persons (as defined in section 501(b) of the Housing Act of 1949 ( 42 U.S.C. 1471(b) )); or (IV) that are isolated from other significant population centers; (ii) that would ensure that all laborers and mechanics employed by contractors or subcontractors on the construction work performed on projects financed, in whole or in part, with the grant, loan, or grant and loan combination shall be paid wages at rates not less than those prevailing on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code; (iii) that would provide rapid and expanded deployment of fixed and mobile broadband service on cropland and ranchland within the service territory for use in various applications of precision agriculture; or (iv) submitted by an eligible entity that has provided broadband service or other utility service for not less than 5 years in rural areas in the State in which the project would be carried out. (4) Additional requirements for grant-only awards \nTo be eligible for assistance under paragraph (1) in the form of a grant only, in addition to the requirements of subsection (d)— (A) an entity shall be— (i) a Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (ii) a colonia; (iii) a persistent poverty county, as determined by the Secretary; or (iv) a socially vulnerable community, as determined by the Secretary; or (B) the project that is the subject of the grant shall be carried out in a proposed service territory in which at least 90 percent of households lack access to broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 20-Mbps upstream transmission capacity. (d) Eligibility \n(1) Eligible entities \n(A) In general \nTo be eligible to obtain a grant, loan, or grant and loan combination under subsection (c), an entity shall— (i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (ii) agree to complete buildout of the broadband infrastructure described in the application by not later than 5 years after the initial date on which assistance under subsection (c) is made available; and (iii) participate or agree to participate in— (I) the Affordable Connectivity Program established under section 904(b) of division N of the Consolidated Appropriations Act, 2021 ( 47 U.S.C. 1752(b) ); (II) the Lifeline program under subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation); or (III) any successor Federal internet affordability assistance program. (B) Inclusions \nAn entity eligible to obtain a grant, loan, or grant and loan combination under subsection (c) may include— (i) a State or local government, including any agency, subdivision, instrumentality, or political subdivision of a State or local government; (ii) a territory or possession of the United States; (iii) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (iv) a cooperative or mutual organization; (v) an organization of 2 or more incorporated areas that have established an intermunicipal legal agreement for the purpose of delivering communication services to residents; (vi) a corporation; and (vii) a limited liability company or limited liability partnership. (C) Ineligible entities \nAn individual or legal general partnership that is formed with individuals shall not be eligible to obtain a grant, loan, or grant and loan combination under subsection (c). (D) Limitation \n(i) In general \nAn eligible entity described in this paragraph that provides telecommunications or broadband service to at least 20 percent of the households in the United States may not receive an amount of funds under this section for a fiscal year in excess of 15 percent of the funds authorized and appropriated under subsection (i) for the fiscal year. (ii) States and State agencies and instrumentalities \nA State or an agency or instrumentality of a State may not, in total, receive an amount of funds under this section for a fiscal year in excess of 15 percent of the funds authorized and appropriated under subsection (i) for the fiscal year. (E) Previous awards \nAn entity to which a grant, loan, or grant and loan combination is made under subsection (c) shall not use the grant, loan, or grant and loan combination to deploy broadband service in a service area in which broadband service is deployed by any other entity that has received a broadband grant or loan from the Rural Utilities Service, the National Telecommunications and Information Administration, the Department of the Treasury, the Federal Communications Commission, or a State broadband grant program, unless the service provided by the other entity does not provide to at least 75 percent of the households in the service area access to broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 20-Mbps upstream transmission capacity. (2) Equity requirements \n(A) In general \nThe Secretary may require an entity to provide a cost share in an amount not to exceed 25 percent of the amount of the grant (including the grant in a grant and loan combination) under subsection (c) requested in the application of the entity. (B) Waiver \nThe Secretary may waive the cost share requirement under subparagraph (A) for entities or projects described in subsection (c)(4). (3) Technical assistance and training \n(A) In general \nThe Secretary may provide to eligible entities described in paragraph (1) that are applying for assistance under this section for a project described in subsection (c)(3)(A) technical assistance and training— (i) to prepare reports and surveys necessary to request grants, loans, and grant and loan combinations under this section for broadband deployment; (ii) to improve management, including financial management, relating to the proposed broadband deployment; (iii) to prepare applications for grants, loans, and grant and loan combinations under this section; or (iv) to assist with other areas of need identified by the Secretary. (B) Funding \nNot less than 3 percent and not more than 5 percent of amounts appropriated under subsection (i) to carry out this section for a fiscal year shall be used for technical assistance and training under this paragraph. (e) Broadband service \n(1) In general \nSubject to paragraph (2), for purposes of this section, the minimum acceptable level of broadband service for a rural area shall be at least— (A) a 100-Mbps downstream transmission capacity; and (B) a 100-Mbps upstream transmission capacity. (2) Adjustments \nAt least once every 2 years, the Secretary shall review, and may adjust through notice published in the Federal Register, the minimum acceptable level of broadband service established under paragraph (1) and broadband buildout requirements under paragraph (3) to ensure that high-quality, cost-effective broadband service is provided to rural areas over time. (3) Broadband buildout requirements \n(A) Definition of broadband buildout requirement \nIn this paragraph, the term broadband buildout requirement means the level of internet service an applicant receiving assistance under this section must agree, at the time the application is finalized, to provide for the duration of any project-related agreement between the applicant and the Department. (B) Establishment of broadband buildout requirements \nThe Secretary shall establish broadband buildout requirements that— (i) utilize the same metrics used to define the minimum acceptable level of broadband service under paragraph (1); and (ii) reasonably ensure— (I) the repayment of all loans; and (II) the financed network is technically capable of providing broadband service for the lifetime of any project-related agreement. (C) Substitute service standards for unique service territories \n(i) In general \nIf an applicant shows that it would be cost prohibitive to meet the broadband buildout requirements established under this paragraph for the entirety of a proposed service territory due to the unique characteristics of the proposed service territory, the Secretary and the applicant may agree to utilize substitute standards for any unserved portion of the project. (ii) Requirement \nAny substitute service standards described in clause (i) should continue to consider the best technology available to meet the needs of the residents in the unserved area. ; (2) by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively; (3) in subsection (f) (as so redesignated)— (A) in the subsection heading, by striking Loans and Loan Guarantees.— and inserting Loans.— ; and (B) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking or loan guarantee ; and (ii) in subparagraph (A)— (I) by striking clause (ii); (II) by striking Secretary— in the matter preceding clause (i) and all that follows through in the case in the matter preceding subclause (I) of clause (i) and inserting Secretary in the case ; and (III) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting appropriately; (4) in subsection (g) (as so redesignated), by striking or loan guarantee each place it appears; (5) in subsection (h) (as so redesignated), in paragraph (1), by striking 1974) and inserting 1974 ( 2 U.S.C. 661a )) ; and (6) by striking subsections (j) and (k) and inserting the following: (i) Funding \n(1) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out subsections (a) through (h) $650,000,000 for each of fiscal years 2024 through 2028, to remain available until expended. (2) Administration \nNot more than 5 percent of the amounts made available under paragraphs (1) and (3) shall be available to the Secretary for the administration of subsections (a) through (h). (3) Direct funding \n(A) Rescission \nThere is rescinded the unobligated balance of amounts made available to carry out section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 399). (B) Direct funding \nOn the day after the execution of the rescission in subparagraph (A), there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, an amount equal to the amount rescinded in subparagraph (A), to carry out subsections (a) through (h), to remain available until expended. (j) Additional rural broadband program loans \n(1) In general \nThe Secretary may provide direct loans in accordance with the requirements under this section, as in effect on the day before the date of enactment of the ReConnecting Rural America Act of 2023. (2) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out this subsection $350,000,000 for each of fiscal years 2024 through 2028, to remain available until expended. (k) Termination of authority \nNo grant, loan, or grant and loan combination may be made under this section after September 30, 2028..", "id": "idfe9c6152bdf942ea97c7ce12c94692b0", "header": "In general", "nested": [], "links": [ { "text": "7 U.S.C. 950bb", "legal-doc": "usc", "parsable-cite": "usc/7/950bb" }, { "text": "7 U.S.C. 1991(a)(13)(A)", "legal-doc": "usc", "parsable-cite": "usc/7/1991" }, { "text": "7 U.S.C. 1991(a)(13)", "legal-doc": "usc", "parsable-cite": "usc/7/1991" }, { "text": "7 U.S.C. 2008v(d)", "legal-doc": "usc", "parsable-cite": "usc/7/2008v" }, { "text": "42 U.S.C. 1471(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1471" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "47 U.S.C. 1752(b)", "legal-doc": "usc", "parsable-cite": "usc/47/1752" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "2 U.S.C. 661a", "legal-doc": "usc", "parsable-cite": "usc/2/661a" }, { "text": "Public Law 115–141", "legal-doc": "public-law", "parsable-cite": "pl/115/141" } ] }, { "text": "(b) Sunset \nBeginning on the date that is 120 days after the date of enactment of this Act, section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 399), shall have no force or effect.", "id": "idb0c082e991274350a87ec45f77e124ff", "header": "Sunset", "nested": [], "links": [ { "text": "Public Law 115–141", "legal-doc": "public-law", "parsable-cite": "pl/115/141" } ] } ], "links": [ { "text": "7 U.S.C. 950bb", "legal-doc": "usc", "parsable-cite": "usc/7/950bb" }, { "text": "7 U.S.C. 1991(a)(13)(A)", "legal-doc": "usc", "parsable-cite": "usc/7/1991" }, { "text": "7 U.S.C. 1991(a)(13)", "legal-doc": "usc", "parsable-cite": "usc/7/1991" }, { "text": "7 U.S.C. 2008v(d)", "legal-doc": "usc", "parsable-cite": "usc/7/2008v" }, { "text": "42 U.S.C. 1471(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1471" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "47 U.S.C. 1752(b)", "legal-doc": "usc", "parsable-cite": "usc/47/1752" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "2 U.S.C. 661a", "legal-doc": "usc", "parsable-cite": "usc/2/661a" }, { "text": "Public Law 115–141", "legal-doc": "public-law", "parsable-cite": "pl/115/141" }, { "text": "Public Law 115–141", "legal-doc": "public-law", "parsable-cite": "pl/115/141" } ] } ]

[ "Computers and information technology", "Government lending and loan guarantees", "Performance measurement", "Rural conditions and development", "Small towns" ]

[ { "text": "1. Short title \nThis Act may be cited as the Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2023.", "id": "H37CEC3B3AFD644A48755FAB21566A702", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reciprocal marketing approval for certain drugs, biological products, and devices \nThe Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524B of such Act ( 21 U.S.C. 360n–2 ) the following: 524C. Reciprocal marketing approval \n(a) In general \nA covered product with reciprocal marketing approval in effect under this section is deemed to be subject to an application or premarket notification for which an approval or clearance is in effect under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. (b) Eligibility \nThe Secretary shall, with respect to a covered product, grant reciprocal marketing approval if— (1) the sponsor of the covered product submits a request for reciprocal marketing approval; and (2) the request demonstrates to the Secretary’s satisfaction that— (A) the covered product is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom; (B) absent reciprocal marketing approval, the covered product is not approved or cleared for marketing, as described in subsection (a); (C) the Secretary has not, because of any concern relating to the safety or effectiveness of the covered product, rescinded or withdrawn any such approval or clearance; (D) the authorization to market the covered product in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom has not, because of any concern relating to the safety or effectiveness of the covered product, been rescinded or withdrawn; (E) the covered product is not a banned device under section 516; and (F) there is a public health or unmet medical need for the covered product in the United States. (c) Safety and effectiveness \n(1) In general \nThe Secretary— (A) may decline to grant reciprocal marketing approval under this section with respect to a covered product if the Secretary affirmatively determines that the covered product— (i) is a drug that is not safe and effective; or (ii) is a device for which there is no reasonable assurance of safety and effectiveness; and (B) may condition reciprocal marketing approval under this section on the conduct of specified postmarket studies, which may include such studies pursuant to a risk evaluation and mitigation strategy under section 505–1. (2) Report to Congress \nUpon declining to grant reciprocal marketing approval under this section with respect to a covered product, the Secretary shall— (A) include the denial in a list of such denials for each month; and (B) not later than the end of the respective month, submit the list to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (d) Request \nA request for reciprocal marketing approval shall— (1) be in such form, be submitted in such manner, and contain such information as the Secretary deems necessary to determine whether the criteria listed in subsection (b)(2) are met; and (2) include, with respect to each country included in the list under section 802(b)(1) where the covered product is authorized to be lawfully marketed, as described in subsection (b)(2)(A), an English translation of the dossier issued by such country to authorize such marketing. (e) Timing \nThe Secretary shall issue an order granting, or declining to grant, reciprocal marketing approval with respect to a covered product not later than 30 days after the Secretary’s receipt of a request under subsection (b)(1) for the product. An order issued under this subsection shall take effect subject to Congressional disapproval under subsection (g). (f) Labeling; device classification \nDuring the 30-day period described in subsection (e)— (1) the Secretary and the sponsor of the covered product shall expeditiously negotiate and finalize the form and content of the labeling for a covered product for which reciprocal marketing approval is to be granted; and (2) in the case of a device for which reciprocal marketing approval is to be granted, the Secretary shall— (A) classify the device pursuant to section 513; and (B) determine whether, absent reciprocal marketing approval, the device would need to be cleared pursuant to section 510(k) or approved pursuant to section 515 to be lawfully marketed under this Act. (g) Congressional disapproval of FDA orders \n(1) In general \nA decision of the Secretary to decline to grant reciprocal marketing approval under this section shall not take effect if a joint resolution of disapproval of the decision is enacted. (2) Procedure \n(A) In general \nSubject to subparagraph (B), the procedures described in subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to the consideration of a joint resolution under this subsection. (B) Terms \nFor purposes of this subsection— (i) the reference to section 801(a)(1) in section 802(b)(2)(A) of title 5, United States Code, shall be considered to refer to subsection (c)(2); and (ii) the reference to section 801(a)(1)(A) in section 802(e)(2) of title 5, United States Code, shall be considered to refer to subsection (c)(2). (3) Effect of Congressional disapproval \nReciprocal marketing approval under this section with respect to the applicable covered product shall take effect upon enactment of a joint resolution of disapproval under this subsection. (h) Applicability of relevant provisions \nThe provisions of this Act shall apply with respect to a covered product for which reciprocal marketing approval is in effect to the same extent and in the same manner as such provisions apply with respect to a product for which approval or clearance of an application or premarket notification under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable, is in effect. (i) Fees for request \nFor purposes of imposing fees under chapter VII, a request for reciprocal marketing approval under this section shall be treated as an application or premarket notification for approval or clearance under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. (j) Outreach \nThe Secretary shall conduct an outreach campaign to encourage the sponsors of covered products that are potentially eligible for reciprocal marketing approval to request such approval. (k) Covered product defined \nIn this section, the term covered product means a drug, biological product, or device..", "id": "H585ADAFD48684B56BC5E33CDE596AB1F", "header": "Reciprocal marketing approval for certain drugs, biological products, and devices", "nested": [], "links": [ { "text": "21 U.S.C. 360n–2", "legal-doc": "usc", "parsable-cite": "usc/21/360n-2" } ] }, { "text": "524C. Reciprocal marketing approval \n(a) In general \nA covered product with reciprocal marketing approval in effect under this section is deemed to be subject to an application or premarket notification for which an approval or clearance is in effect under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. (b) Eligibility \nThe Secretary shall, with respect to a covered product, grant reciprocal marketing approval if— (1) the sponsor of the covered product submits a request for reciprocal marketing approval; and (2) the request demonstrates to the Secretary’s satisfaction that— (A) the covered product is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom; (B) absent reciprocal marketing approval, the covered product is not approved or cleared for marketing, as described in subsection (a); (C) the Secretary has not, because of any concern relating to the safety or effectiveness of the covered product, rescinded or withdrawn any such approval or clearance; (D) the authorization to market the covered product in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom has not, because of any concern relating to the safety or effectiveness of the covered product, been rescinded or withdrawn; (E) the covered product is not a banned device under section 516; and (F) there is a public health or unmet medical need for the covered product in the United States. (c) Safety and effectiveness \n(1) In general \nThe Secretary— (A) may decline to grant reciprocal marketing approval under this section with respect to a covered product if the Secretary affirmatively determines that the covered product— (i) is a drug that is not safe and effective; or (ii) is a device for which there is no reasonable assurance of safety and effectiveness; and (B) may condition reciprocal marketing approval under this section on the conduct of specified postmarket studies, which may include such studies pursuant to a risk evaluation and mitigation strategy under section 505–1. (2) Report to Congress \nUpon declining to grant reciprocal marketing approval under this section with respect to a covered product, the Secretary shall— (A) include the denial in a list of such denials for each month; and (B) not later than the end of the respective month, submit the list to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (d) Request \nA request for reciprocal marketing approval shall— (1) be in such form, be submitted in such manner, and contain such information as the Secretary deems necessary to determine whether the criteria listed in subsection (b)(2) are met; and (2) include, with respect to each country included in the list under section 802(b)(1) where the covered product is authorized to be lawfully marketed, as described in subsection (b)(2)(A), an English translation of the dossier issued by such country to authorize such marketing. (e) Timing \nThe Secretary shall issue an order granting, or declining to grant, reciprocal marketing approval with respect to a covered product not later than 30 days after the Secretary’s receipt of a request under subsection (b)(1) for the product. An order issued under this subsection shall take effect subject to Congressional disapproval under subsection (g). (f) Labeling; device classification \nDuring the 30-day period described in subsection (e)— (1) the Secretary and the sponsor of the covered product shall expeditiously negotiate and finalize the form and content of the labeling for a covered product for which reciprocal marketing approval is to be granted; and (2) in the case of a device for which reciprocal marketing approval is to be granted, the Secretary shall— (A) classify the device pursuant to section 513; and (B) determine whether, absent reciprocal marketing approval, the device would need to be cleared pursuant to section 510(k) or approved pursuant to section 515 to be lawfully marketed under this Act. (g) Congressional disapproval of FDA orders \n(1) In general \nA decision of the Secretary to decline to grant reciprocal marketing approval under this section shall not take effect if a joint resolution of disapproval of the decision is enacted. (2) Procedure \n(A) In general \nSubject to subparagraph (B), the procedures described in subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to the consideration of a joint resolution under this subsection. (B) Terms \nFor purposes of this subsection— (i) the reference to section 801(a)(1) in section 802(b)(2)(A) of title 5, United States Code, shall be considered to refer to subsection (c)(2); and (ii) the reference to section 801(a)(1)(A) in section 802(e)(2) of title 5, United States Code, shall be considered to refer to subsection (c)(2). (3) Effect of Congressional disapproval \nReciprocal marketing approval under this section with respect to the applicable covered product shall take effect upon enactment of a joint resolution of disapproval under this subsection. (h) Applicability of relevant provisions \nThe provisions of this Act shall apply with respect to a covered product for which reciprocal marketing approval is in effect to the same extent and in the same manner as such provisions apply with respect to a product for which approval or clearance of an application or premarket notification under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable, is in effect. (i) Fees for request \nFor purposes of imposing fees under chapter VII, a request for reciprocal marketing approval under this section shall be treated as an application or premarket notification for approval or clearance under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. (j) Outreach \nThe Secretary shall conduct an outreach campaign to encourage the sponsors of covered products that are potentially eligible for reciprocal marketing approval to request such approval. (k) Covered product defined \nIn this section, the term covered product means a drug, biological product, or device.", "id": "H4AE9444BF4C4460DBA63E75462F0CBCC", "header": "Reciprocal marketing approval", "nested": [ { "text": "(a) In general \nA covered product with reciprocal marketing approval in effect under this section is deemed to be subject to an application or premarket notification for which an approval or clearance is in effect under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable.", "id": "H0FC49E05847B4724A9EC3358AC87024F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligibility \nThe Secretary shall, with respect to a covered product, grant reciprocal marketing approval if— (1) the sponsor of the covered product submits a request for reciprocal marketing approval; and (2) the request demonstrates to the Secretary’s satisfaction that— (A) the covered product is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom; (B) absent reciprocal marketing approval, the covered product is not approved or cleared for marketing, as described in subsection (a); (C) the Secretary has not, because of any concern relating to the safety or effectiveness of the covered product, rescinded or withdrawn any such approval or clearance; (D) the authorization to market the covered product in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom has not, because of any concern relating to the safety or effectiveness of the covered product, been rescinded or withdrawn; (E) the covered product is not a banned device under section 516; and (F) there is a public health or unmet medical need for the covered product in the United States.", "id": "HFE6212AF67CE431C994CDA2A4EE95DDB", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Safety and effectiveness \n(1) In general \nThe Secretary— (A) may decline to grant reciprocal marketing approval under this section with respect to a covered product if the Secretary affirmatively determines that the covered product— (i) is a drug that is not safe and effective; or (ii) is a device for which there is no reasonable assurance of safety and effectiveness; and (B) may condition reciprocal marketing approval under this section on the conduct of specified postmarket studies, which may include such studies pursuant to a risk evaluation and mitigation strategy under section 505–1. (2) Report to Congress \nUpon declining to grant reciprocal marketing approval under this section with respect to a covered product, the Secretary shall— (A) include the denial in a list of such denials for each month; and (B) not later than the end of the respective month, submit the list to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.", "id": "H9A237053D53D4883BD891FC72318C625", "header": "Safety and effectiveness", "nested": [], "links": [] }, { "text": "(d) Request \nA request for reciprocal marketing approval shall— (1) be in such form, be submitted in such manner, and contain such information as the Secretary deems necessary to determine whether the criteria listed in subsection (b)(2) are met; and (2) include, with respect to each country included in the list under section 802(b)(1) where the covered product is authorized to be lawfully marketed, as described in subsection (b)(2)(A), an English translation of the dossier issued by such country to authorize such marketing.", "id": "H369A6C0DFFB04B4C990502F6219E92F3", "header": "Request", "nested": [], "links": [] }, { "text": "(e) Timing \nThe Secretary shall issue an order granting, or declining to grant, reciprocal marketing approval with respect to a covered product not later than 30 days after the Secretary’s receipt of a request under subsection (b)(1) for the product. An order issued under this subsection shall take effect subject to Congressional disapproval under subsection (g).", "id": "H27ED0FCD92474D78AF658F2B27C15E72", "header": "Timing", "nested": [], "links": [] }, { "text": "(f) Labeling; device classification \nDuring the 30-day period described in subsection (e)— (1) the Secretary and the sponsor of the covered product shall expeditiously negotiate and finalize the form and content of the labeling for a covered product for which reciprocal marketing approval is to be granted; and (2) in the case of a device for which reciprocal marketing approval is to be granted, the Secretary shall— (A) classify the device pursuant to section 513; and (B) determine whether, absent reciprocal marketing approval, the device would need to be cleared pursuant to section 510(k) or approved pursuant to section 515 to be lawfully marketed under this Act.", "id": "H2675C80F40B1421D81C418B66CF8F66C", "header": "Labeling; device classification", "nested": [], "links": [] }, { "text": "(g) Congressional disapproval of FDA orders \n(1) In general \nA decision of the Secretary to decline to grant reciprocal marketing approval under this section shall not take effect if a joint resolution of disapproval of the decision is enacted. (2) Procedure \n(A) In general \nSubject to subparagraph (B), the procedures described in subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to the consideration of a joint resolution under this subsection. (B) Terms \nFor purposes of this subsection— (i) the reference to section 801(a)(1) in section 802(b)(2)(A) of title 5, United States Code, shall be considered to refer to subsection (c)(2); and (ii) the reference to section 801(a)(1)(A) in section 802(e)(2) of title 5, United States Code, shall be considered to refer to subsection (c)(2). (3) Effect of Congressional disapproval \nReciprocal marketing approval under this section with respect to the applicable covered product shall take effect upon enactment of a joint resolution of disapproval under this subsection.", "id": "H203A580C2825478DB9650C1E791E8387", "header": "Congressional disapproval of FDA orders", "nested": [], "links": [] }, { "text": "(h) Applicability of relevant provisions \nThe provisions of this Act shall apply with respect to a covered product for which reciprocal marketing approval is in effect to the same extent and in the same manner as such provisions apply with respect to a product for which approval or clearance of an application or premarket notification under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable, is in effect.", "id": "id19DA40F2197248A88E154DC2DAF216CF", "header": "Applicability of relevant provisions", "nested": [], "links": [] }, { "text": "(i) Fees for request \nFor purposes of imposing fees under chapter VII, a request for reciprocal marketing approval under this section shall be treated as an application or premarket notification for approval or clearance under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable.", "id": "HA5879497AED74AD3A8EA0A87935D0852", "header": "Fees for request", "nested": [], "links": [] }, { "text": "(j) Outreach \nThe Secretary shall conduct an outreach campaign to encourage the sponsors of covered products that are potentially eligible for reciprocal marketing approval to request such approval.", "id": "H114ABEEEA0E54592B0258E4836E121BC", "header": "Outreach", "nested": [], "links": [] }, { "text": "(k) Covered product defined \nIn this section, the term covered product means a drug, biological product, or device.", "id": "HC9FCD2B427FD47A18C2410E98F5429FF", "header": "Covered product defined", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional oversight", "Drug safety, medical device, and laboratory regulation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Utah School and Institutional Trust Lands Administration Exchange Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Administration \nThe term Administration means the Utah School and Institutional Trust Lands Administration. (2) Agreement \nThe term Agreement means the agreement between the Administration, the State, and the Secretary to exchange certain Federal land and interests in Federal land for certain State land and interests in State land managed by the Administration entitled Memorandum of Understanding—Exchange of Lands and dated March 17, 2023. (3) Legal description \nThe term Legal Description means a legal description that is included in Exhibit A to the Agreement and that is part of the Agreement as of the date of the conveyance of the applicable land under this Act. (4) Map \nThe term Map means the map described in the Agreement. (5) Secretary \nThe term Secretary means the Secretary of the Interior. (6) State \nThe term State means the State of Utah.", "id": "idaeda9a8379c04d6887d420fa68f17c7e", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Ratification of agreement between the Administration, the State of Utah, and the Secretary of the Interior \n(a) Ratification \nAll terms, conditions, procedures, covenants, reservations, and other provisions included in the Agreement— (1) shall be considered to be in the public interest; (2) are incorporated by reference into this Act; (3) are ratified and confirmed by Congress; and (4) set forth the obligations of the United States, the State, and the Administration under the Agreement as a matter of Federal law. (b) Implementation \nThe Secretary shall implement the Agreement.", "id": "idfe6a6473686c4873b9bc75507ed16c4f", "header": "Ratification of agreement between the Administration, the State of Utah, and the Secretary of the Interior", "nested": [ { "text": "(a) Ratification \nAll terms, conditions, procedures, covenants, reservations, and other provisions included in the Agreement— (1) shall be considered to be in the public interest; (2) are incorporated by reference into this Act; (3) are ratified and confirmed by Congress; and (4) set forth the obligations of the United States, the State, and the Administration under the Agreement as a matter of Federal law.", "id": "iddbfe345c5cf140779410b8254ef77432", "header": "Ratification", "nested": [], "links": [] }, { "text": "(b) Implementation \nThe Secretary shall implement the Agreement.", "id": "idc39ef959ed134a0e8c2e2ae60c2f3aac", "header": "Implementation", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Conveyances \n(a) Public interest determination \nThe land exchange directed by the Agreement shall be considered to be in the public interest. (b) Authorization \n(1) Conveyances \nNotwithstanding any other provision of law, the conveyances of land and interests in land described in paragraphs (2), (3), and (5) of the Agreement shall be executed in accordance with this Act and the Agreement. (2) Deadline for certain conveyances \nThe conveyances of land and interests in land described in paragraphs (2) and (3) of the Agreement shall be completed not later than 45 days after the date of enactment of this Act. (3) Requirement \nIf necessary, the conveyances of land and interests in land described in the Agreement shall be equalized in accordance with section 5(b). (c) Map and legal descriptions \n(1) Public availability \nThe Map and Legal Descriptions shall be on file and available for public inspection in the offices of the Secretary and the State Director of the Bureau of Land Management. (2) Conflict \nIn the case of any conflict between the Map and the Legal Descriptions, the Legal Descriptions shall control. (3) Technical corrections \nNothing in this Act prevents the Secretary and the Administration from agreeing to the correction of technical errors or omissions in the Map or Legal Descriptions. (d) Adequacy of applicable plans \nA conveyance of Federal land or an interest in Federal land to the State under the Agreement shall be considered to comply with any applicable land use plan developed under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ).", "id": "id3bdcd49577a0465d8c6fcecad87658ca", "header": "Conveyances", "nested": [ { "text": "(a) Public interest determination \nThe land exchange directed by the Agreement shall be considered to be in the public interest.", "id": "iddb4eb921174f40f7a5ca5213c65d1658", "header": "Public interest determination", "nested": [], "links": [] }, { "text": "(b) Authorization \n(1) Conveyances \nNotwithstanding any other provision of law, the conveyances of land and interests in land described in paragraphs (2), (3), and (5) of the Agreement shall be executed in accordance with this Act and the Agreement. (2) Deadline for certain conveyances \nThe conveyances of land and interests in land described in paragraphs (2) and (3) of the Agreement shall be completed not later than 45 days after the date of enactment of this Act. (3) Requirement \nIf necessary, the conveyances of land and interests in land described in the Agreement shall be equalized in accordance with section 5(b).", "id": "id7af82b817a524dd6b10869a4834acdec", "header": "Authorization", "nested": [], "links": [] }, { "text": "(c) Map and legal descriptions \n(1) Public availability \nThe Map and Legal Descriptions shall be on file and available for public inspection in the offices of the Secretary and the State Director of the Bureau of Land Management. (2) Conflict \nIn the case of any conflict between the Map and the Legal Descriptions, the Legal Descriptions shall control. (3) Technical corrections \nNothing in this Act prevents the Secretary and the Administration from agreeing to the correction of technical errors or omissions in the Map or Legal Descriptions.", "id": "id0416a63a73c34262be82e2314c685265", "header": "Map and legal descriptions", "nested": [], "links": [] }, { "text": "(d) Adequacy of applicable plans \nA conveyance of Federal land or an interest in Federal land to the State under the Agreement shall be considered to comply with any applicable land use plan developed under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ).", "id": "id68468009663048efa057bff33f1cdba6", "header": "Adequacy of applicable plans", "nested": [], "links": [ { "text": "43 U.S.C. 1712", "legal-doc": "usc", "parsable-cite": "usc/43/1712" } ] } ], "links": [ { "text": "43 U.S.C. 1712", "legal-doc": "usc", "parsable-cite": "usc/43/1712" } ] }, { "text": "5. Equalization of the exchange \n(a) Appraisal \n(1) In general \nNot later than 18 months after the date of execution of the exchange under section 4, the total value of the land exchanged shall be determined by an appraisal in accordance with paragraph (5) of the Agreement, that shall— (A) be based on land and mineral values determined as of the date of enactment of this Act; (B) be conducted in accordance with section 206(d) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d) ); and (C) use nationally recognized appraisal standards, including— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (2) Minerals \n(A) Mineral reports \nThe appraisals conducted under paragraph (1) may take into account mineral and technical reports provided by the Secretary and the Administration in the evaluation of mineral deposits in the land and interests in land exchanged under the Agreement. (B) Mining claims \nThe appraisal of any parcel of Federal land or interest in Federal land that is encumbered by a mining claim, mill site, or tunnel site located under the mining laws shall be conducted in accordance with standard appraisal practices, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisition. (C) Validity examinations \nNothing in this paragraph requires the United States to conduct a mineral examination for any mining claim on the Federal land or interest in Federal land conveyed under the Agreement. (3) Adjustment \n(A) In general \nIf value is attributed to any parcel of Federal land or interest in Federal land through an appraisal under paragraph (1) based on the presence of minerals subject to leasing under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ), the value of the parcel or interest in Federal land (as otherwise established under this subsection) shall be reduced by the percentage of the applicable Federal revenue sharing obligation under section 35(a) of the Mineral Leasing Act ( 30 U.S.C. 191(a) ). (B) Limitation \nAny adjustment under subparagraph (A) shall not be considered to be a property right of the State. (4) Approval; duration \nAn appraisal conducted under paragraph (1) shall— (A) be submitted to the Secretary and the Administration for approval; and (B) remain valid for 3 years after the date on which the appraisal is approved by the Secretary and the Administration under subparagraph (A). (5) Dispute resolution \nIf, by the date that is 90 days after the date of submission of an appraisal for review and approval under paragraph (4)(A), the Secretary and the Administration do not agree to accept the findings of the appraisal with respect to any parcel of land or interest in land to be exchanged, the dispute shall be resolved in accordance with section 206(d)(2) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d)(2) ). (b) Equalization of values \nIf the total value of the State land described in paragraph (2) of the Agreement and the total value of the Federal land and interests in Federal land described in paragraph (3) of the Agreement, as determined under subsection (a), are not equal— (1) the value shall be equalized in accordance with paragraph (5) of the Agreement; and (2) the conveyance of equalization parcels, in accordance with paragraph (5) of the Agreement, shall occur not later than 45 days after the date of the identification of the appraised equalization parcels or portions of parcels to be conveyed to ensure that the exchange is of equal value.", "id": "id8e99a757bf164c8ba04ec234e9117720", "header": "Equalization of the exchange", "nested": [ { "text": "(a) Appraisal \n(1) In general \nNot later than 18 months after the date of execution of the exchange under section 4, the total value of the land exchanged shall be determined by an appraisal in accordance with paragraph (5) of the Agreement, that shall— (A) be based on land and mineral values determined as of the date of enactment of this Act; (B) be conducted in accordance with section 206(d) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d) ); and (C) use nationally recognized appraisal standards, including— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (2) Minerals \n(A) Mineral reports \nThe appraisals conducted under paragraph (1) may take into account mineral and technical reports provided by the Secretary and the Administration in the evaluation of mineral deposits in the land and interests in land exchanged under the Agreement. (B) Mining claims \nThe appraisal of any parcel of Federal land or interest in Federal land that is encumbered by a mining claim, mill site, or tunnel site located under the mining laws shall be conducted in accordance with standard appraisal practices, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisition. (C) Validity examinations \nNothing in this paragraph requires the United States to conduct a mineral examination for any mining claim on the Federal land or interest in Federal land conveyed under the Agreement. (3) Adjustment \n(A) In general \nIf value is attributed to any parcel of Federal land or interest in Federal land through an appraisal under paragraph (1) based on the presence of minerals subject to leasing under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ), the value of the parcel or interest in Federal land (as otherwise established under this subsection) shall be reduced by the percentage of the applicable Federal revenue sharing obligation under section 35(a) of the Mineral Leasing Act ( 30 U.S.C. 191(a) ). (B) Limitation \nAny adjustment under subparagraph (A) shall not be considered to be a property right of the State. (4) Approval; duration \nAn appraisal conducted under paragraph (1) shall— (A) be submitted to the Secretary and the Administration for approval; and (B) remain valid for 3 years after the date on which the appraisal is approved by the Secretary and the Administration under subparagraph (A). (5) Dispute resolution \nIf, by the date that is 90 days after the date of submission of an appraisal for review and approval under paragraph (4)(A), the Secretary and the Administration do not agree to accept the findings of the appraisal with respect to any parcel of land or interest in land to be exchanged, the dispute shall be resolved in accordance with section 206(d)(2) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d)(2) ).", "id": "idf21802ef52254697a333f017acd1f1cf", "header": "Appraisal", "nested": [], "links": [ { "text": "43 U.S.C. 1716(d)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" }, { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 191(a)", "legal-doc": "usc", "parsable-cite": "usc/30/191" }, { "text": "43 U.S.C. 1716(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" } ] }, { "text": "(b) Equalization of values \nIf the total value of the State land described in paragraph (2) of the Agreement and the total value of the Federal land and interests in Federal land described in paragraph (3) of the Agreement, as determined under subsection (a), are not equal— (1) the value shall be equalized in accordance with paragraph (5) of the Agreement; and (2) the conveyance of equalization parcels, in accordance with paragraph (5) of the Agreement, shall occur not later than 45 days after the date of the identification of the appraised equalization parcels or portions of parcels to be conveyed to ensure that the exchange is of equal value.", "id": "id3cb5627364c542baad70877374a0fda2", "header": "Equalization of values", "nested": [], "links": [] } ], "links": [ { "text": "43 U.S.C. 1716(d)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" }, { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 191(a)", "legal-doc": "usc", "parsable-cite": "usc/30/191" }, { "text": "43 U.S.C. 1716(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" } ] }, { "text": "6. Withdrawals \n(a) Withdrawal of Federal land from mineral entry prior to exchange \nSubject to valid existing rights, the Federal land and interests in Federal land to be conveyed to the State under section 4(b) are withdrawn from mineral location, entry, and patent under the mining laws pending conveyance of the Federal land and interests in Federal land to the State. (b) Withdrawal of State land conveyed to the United States \nSubject to valid existing rights, on the date of acquisition by the United States, the State land described in paragraph (2) of the Agreement acquired by the United States under section 4(b), to the extent not subject to previous withdrawals, is permanently withdrawn from all forms of appropriation and disposal under— (1) the public land laws (including the mining and mineral leasing laws); and (2) the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ). (c) Withdrawal revocation \nAny withdrawal of the parcels of Federal land and interests in Federal land described in paragraph (3) of the Agreement to be conveyed to the State under section 4(b) from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit the conveyance of the Federal land parcel to the State free of any encumbrances associated with power site reserves or classifications.", "id": "ida1de58e4450843ada490c419700818f0", "header": "Withdrawals", "nested": [ { "text": "(a) Withdrawal of Federal land from mineral entry prior to exchange \nSubject to valid existing rights, the Federal land and interests in Federal land to be conveyed to the State under section 4(b) are withdrawn from mineral location, entry, and patent under the mining laws pending conveyance of the Federal land and interests in Federal land to the State.", "id": "ida6bce6e1de8c49ab945561817ab8254d", "header": "Withdrawal of Federal land from mineral entry prior to exchange", "nested": [], "links": [] }, { "text": "(b) Withdrawal of State land conveyed to the United States \nSubject to valid existing rights, on the date of acquisition by the United States, the State land described in paragraph (2) of the Agreement acquired by the United States under section 4(b), to the extent not subject to previous withdrawals, is permanently withdrawn from all forms of appropriation and disposal under— (1) the public land laws (including the mining and mineral leasing laws); and (2) the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ).", "id": "idb5b96878779d404fa99c8039da6d90ed", "header": "Withdrawal of State land conveyed to the United States", "nested": [], "links": [ { "text": "30 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/1001" } ] }, { "text": "(c) Withdrawal revocation \nAny withdrawal of the parcels of Federal land and interests in Federal land described in paragraph (3) of the Agreement to be conveyed to the State under section 4(b) from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit the conveyance of the Federal land parcel to the State free of any encumbrances associated with power site reserves or classifications.", "id": "id93bd01feff434ab9933624515ade893b", "header": "Withdrawal revocation", "nested": [], "links": [] } ], "links": [ { "text": "30 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/1001" } ] }, { "text": "7. Sunnyside, Utah, water supply provisions \nThe Act of January 7, 1921 (41 Stat. 1087, chapter 13), is amended by adding at the end the following: 5. Certain exclusions \nNotwithstanding any other provision of this Act, the provisions of this Act of shall not apply to the following: (1) S 1/2 SW 1/4 sec 34, T. 13 S., R. 14 E., of the Salt Lake Meridian. (2) Lots 1–4, T. 14 S., R. 14 E., sec. 11, S 1/2 N 1/2 and S 1/2 , of the Salt Lake Meridian. (3) Lots 3 and 4, T. 14 S., R. 14 E., sec. 12, S 1/2 NW 1/4 and SW 1/4 , of the Salt Lake Meridian. (4) Lots 1 and 2, T. 14 S., R. 14 E., sec. 13, NE 1/4 , W 1/2 , and N 1/2 SE 1/4 , of the Salt Lake Meridian. (5) T. 14 S., R. 14 E., sec. 14, of the Salt Lake Meridian..", "id": "id0084bfd2135e4e8ea5560a992a4d5b98", "header": "Sunnyside, Utah, water supply provisions", "nested": [], "links": [] }, { "text": "5. Certain exclusions \nNotwithstanding any other provision of this Act, the provisions of this Act of shall not apply to the following: (1) S 1/2 SW 1/4 sec 34, T. 13 S., R. 14 E., of the Salt Lake Meridian. (2) Lots 1–4, T. 14 S., R. 14 E., sec. 11, S 1/2 N 1/2 and S 1/2 , of the Salt Lake Meridian. (3) Lots 3 and 4, T. 14 S., R. 14 E., sec. 12, S 1/2 NW 1/4 and SW 1/4 , of the Salt Lake Meridian. (4) Lots 1 and 2, T. 14 S., R. 14 E., sec. 13, NE 1/4 , W 1/2 , and N 1/2 SE 1/4 , of the Salt Lake Meridian. (5) T. 14 S., R. 14 E., sec. 14, of the Salt Lake Meridian.", "id": "id936BFCBEFDDF42C78945ABA5C79E8A04", "header": "Certain exclusions", "nested": [], "links": [] } ]

[ "Geography and mapping", "Intergovernmental relations", "Land transfers", "Mining", "Utah" ]

[ { "text": "1. Jim Kolbe Memorial Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 100 North Taylor Lane in Patagonia, Arizona, shall be known and designated as the Jim Kolbe Memorial Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Jim Kolbe Memorial Post Office.", "id": "HE1233808128243B3AC591385C2D8A7B0", "header": "Jim Kolbe Memorial Post Office", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 100 North Taylor Lane in Patagonia, Arizona, shall be known and designated as the Jim Kolbe Memorial Post Office.", "id": "HF6BDCA38F2E74266A4E0824816CBF5BB", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Jim Kolbe Memorial Post Office.", "id": "H65B789B509CA4BBEB63877568B84F5BC", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Arizona", "Congressional tributes", "Government buildings, facilities, and property", "Postal service" ]

[ { "text": "1. Short title \nThis Act may be cited as the Reporting Efficiently to Proper Officials in Response to Terrorism Act of 2023 or the REPORT Act.", "id": "id28eeede8f53e465c92a19f9578217205", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Duty to report \n(a) Requirement \n(1) In general \nWhenever an act of terrorism occurs in the United States, the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the head of the National Counterterrorism Center shall— (A) submit to the appropriate congressional committees, by not later than 1 year after the completion of the investigation concerning such act by the primary Government agency conducting such investigation, an unclassified report (which may be accompanied by a classified annex) concerning such act; and (B) make the report required under subparagraph (A) available on a publicly accessible website. (2) Other reports \nReports required under this subsection may be combined into a quarterly report submitted to Congress. (3) Availability \nEach unclassified report and classified annex described in paragraph (1)(A) shall be made available upon request by any Member of Congress. (b) Content of reports \nA report under this section shall— (1) include a statement of the facts of the act of terrorism referred to in subsection (a), as known at the time of the report; (2) identify any gaps in homeland or national security that could be addressed to prevent future acts of terrorism; and (3) include any recommendations for additional measures that could be taken to improve homeland or national security, including recommendations relating to potential changes in law enforcement practices or changes in law, with particular attention to changes that could help prevent future acts of terrorism. (c) Exception \n(1) In general \nIf the Secretary of Homeland Security, the Attorney General, or the Director of the Federal Bureau of Investigation determines any information described in subsection (b) required to be reported in accordance with subsection (a) could jeopardize an ongoing investigation or prosecution, the Secretary, Attorney General, or Director, as the case may be— (A) may withhold from reporting such information; and (B) shall notify the appropriate congressional committees of such determination. (2) Savings provision \nWithholding of information pursuant to a determination under paragraph (1) shall not affect in any manner the responsibility to submit a report required under subsection (a) containing other information described in subsection (b) not subject to such determination. (d) Definitions \nIn this section: (1) Act of terrorism \nThe term act of terrorism has the meaning given the term in section 3077 of title 18, United States Code. (2) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) in the House of Representatives— (i) the Committee on Homeland Security; (ii) the Committee on the Judiciary; and (iii) the Permanent Select Committee on Intelligence; and (B) in the Senate— (i) the Committee on Homeland Security and Governmental Affairs; (ii) the Committee on the Judiciary; and (iii) the Select Committee on Intelligence. (e) Sunset \nThis section shall terminate on the date that is 5 years after the date of the enactment of this Act. (f) Savings clause \nNothing in this Act shall be construed to provide the National Counterterrorism Center with prosecutorial or investigatory authority.", "id": "idfe9a1366a59c44d38e693e6d14cb80f1", "header": "Duty to report", "nested": [ { "text": "(a) Requirement \n(1) In general \nWhenever an act of terrorism occurs in the United States, the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the head of the National Counterterrorism Center shall— (A) submit to the appropriate congressional committees, by not later than 1 year after the completion of the investigation concerning such act by the primary Government agency conducting such investigation, an unclassified report (which may be accompanied by a classified annex) concerning such act; and (B) make the report required under subparagraph (A) available on a publicly accessible website. (2) Other reports \nReports required under this subsection may be combined into a quarterly report submitted to Congress. (3) Availability \nEach unclassified report and classified annex described in paragraph (1)(A) shall be made available upon request by any Member of Congress.", "id": "id017c8d664ea946dfbb1af50514f04a5d", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Content of reports \nA report under this section shall— (1) include a statement of the facts of the act of terrorism referred to in subsection (a), as known at the time of the report; (2) identify any gaps in homeland or national security that could be addressed to prevent future acts of terrorism; and (3) include any recommendations for additional measures that could be taken to improve homeland or national security, including recommendations relating to potential changes in law enforcement practices or changes in law, with particular attention to changes that could help prevent future acts of terrorism.", "id": "id6de52d70a78d47318f25516b78ead53d", "header": "Content of reports", "nested": [], "links": [] }, { "text": "(c) Exception \n(1) In general \nIf the Secretary of Homeland Security, the Attorney General, or the Director of the Federal Bureau of Investigation determines any information described in subsection (b) required to be reported in accordance with subsection (a) could jeopardize an ongoing investigation or prosecution, the Secretary, Attorney General, or Director, as the case may be— (A) may withhold from reporting such information; and (B) shall notify the appropriate congressional committees of such determination. (2) Savings provision \nWithholding of information pursuant to a determination under paragraph (1) shall not affect in any manner the responsibility to submit a report required under subsection (a) containing other information described in subsection (b) not subject to such determination.", "id": "id980b63f87cfd4e8c8e68f2eeedb8ca9d", "header": "Exception", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Act of terrorism \nThe term act of terrorism has the meaning given the term in section 3077 of title 18, United States Code. (2) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) in the House of Representatives— (i) the Committee on Homeland Security; (ii) the Committee on the Judiciary; and (iii) the Permanent Select Committee on Intelligence; and (B) in the Senate— (i) the Committee on Homeland Security and Governmental Affairs; (ii) the Committee on the Judiciary; and (iii) the Select Committee on Intelligence.", "id": "id3ae2feeeee7b46c6a401b2664352e7dc", "header": "Definitions", "nested": [], "links": [] }, { "text": "(e) Sunset \nThis section shall terminate on the date that is 5 years after the date of the enactment of this Act.", "id": "idd07476d65d52478a9a81bcb613109ea0", "header": "Sunset", "nested": [], "links": [] }, { "text": "(f) Savings clause \nNothing in this Act shall be construed to provide the National Counterterrorism Center with prosecutorial or investigatory authority.", "id": "id7ec10599b36447569ac0cfa04ab1cc92", "header": "Savings clause", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional oversight", "Crime prevention", "Criminal justice information and records", "Government studies and investigations", "Intergovernmental relations", "Terrorism" ]

[ { "text": "1. Short title \nThis Act may be cited as the Support And Value Expectant Moms and Babies Act of 2023 or the SAVE Moms and Babies Act of 2023.", "id": "H8C8CFA9A84974CC98B01611F31E13E9F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Abortion drugs prohibited \n(a) In general \nSection 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) is amended by adding at the end the following: (z) Abortion drugs \n(1) Prohibitions \nThe Secretary shall not approve— (A) any application submitted under subsection (b) or (j) for marketing an abortion drug; or (B) grant an investigational use exemption under subsection (i) for— (i) an abortion drug; or (ii) any investigation in which the unborn child of a woman known to be pregnant is knowingly destroyed. (2) Previously approved abortion drugs \nIf an approval described in paragraph (1) is in effect for an abortion drug as of the date of enactment of the Support And Value Expectant Moms and Babies Act of 2023 , the Secretary shall— (A) not approve any labeling change— (i) to approve the use of such abortion drug after 70 days gestation; or (ii) to approve the dispensing of such abortion drug by any means other than in-person administration by the prescribing health care practitioner; (B) treat such abortion drug as subject to section 503(b)(1); and (C) require such abortion drug to be subject to a risk evaluation and mitigation strategy under section 505–1 that at a minimum— (i) requires health care practitioners who prescribe such abortion drug— (I) to be certified in accordance with the strategy; and (II) to not be acting in their capacity as a pharmacist; (ii) as part of the certification process referred to in clause (i), requires such practitioners— (I) to have the ability to assess the duration of pregnancy accurately; (II) to have the ability to diagnose ectopic pregnancies; (III) to have the ability to provide surgical intervention in cases of incomplete abortion or severe bleeding; (IV) to have the ability to ensure patient access to medical facilities equipped to provide blood transfusions and resuscitation, if necessary; and (V) to report any deaths or other adverse events associated with the use of such abortion drug to the Food and Drug Administration and to the manufacturer of such abortion drug, identifying the patient by a non-identifiable reference and the serial number from each package of such abortion drug; (iii) limits the dispensing of such abortion drug to patients— (I) in a clinic, medical office, or hospital by means of in-person administration by the prescribing health care practitioner; and (II) not in pharmacies or any setting other than the health care settings described in subclause (I); (iv) requires the prescribing health care practitioner to give to the patient documentation on any risk of serious complications associated with use of such abortion drug and receive acknowledgment of such receipt from the patient; (v) requires all known adverse events associated with such abortion drug to be reported, excluding any individually identifiable patient information, to the Food and Drug Administration by the— (I) manufacturers of such abortion drug; and (II) prescribers of such abortion drug; and (vi) requires reporting of administration of the abortion drug as required by State law, or in the absence of a State law regarding such reporting, in the same manner as a surgical abortion. (3) Reporting on adverse events by other health care practitioners \nThe Secretary shall require all other health care practitioners to report to the Food and Drug Administration any adverse events experienced by their patients that are connected to use of an abortion drug, excluding any individually identifiable patient information. (4) Rule of construction \nNothing in this section shall be construed to restrict the authority of the Federal Government, or of a State, to establish, implement, and enforce requirements and restrictions with respect to abortion drugs under provisions of law other than this section that are in addition to the requirements and restrictions under this section. (5) Definitions \nIn this section: (A) The term abortion drug means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled) to intentionally kill the unborn child of a woman known to be pregnant, or to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) to produce a live birth; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (B) The term adverse event includes each of the following: (i) A fatality. (ii) An ectopic pregnancy. (iii) A hospitalization. (iv) A blood loss requiring a transfusion. (v) An infection, including endometritis, pelvic inflammatory disease, and pelvic infections with sepsis. (vi) A severe infection. (C) The term gestation means the period of days beginning on the first day of the last menstrual period. (D) The term health care practitioner means any individual who is licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which the individual practices, to prescribe drugs subject to section 503(b)(1). (E) The term unborn child means an individual organism of the species homo sapiens , beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code.. (b) Ongoing investigational use \nIn the case of any investigational use of a drug pursuant to an investigational use exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ) that was granted before the date of enactment of this Act, such exemption is deemed to be rescinded as of the day that is 3 years after the date of enactment of this Act if the Secretary would be prohibited by section 505(z)(1)(B) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), from granting such exemption as of such day.", "id": "HAE947069C5744F3EAAC212FE514AE2FB", "header": "Abortion drugs prohibited", "nested": [ { "text": "(a) In general \nSection 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) is amended by adding at the end the following: (z) Abortion drugs \n(1) Prohibitions \nThe Secretary shall not approve— (A) any application submitted under subsection (b) or (j) for marketing an abortion drug; or (B) grant an investigational use exemption under subsection (i) for— (i) an abortion drug; or (ii) any investigation in which the unborn child of a woman known to be pregnant is knowingly destroyed. (2) Previously approved abortion drugs \nIf an approval described in paragraph (1) is in effect for an abortion drug as of the date of enactment of the Support And Value Expectant Moms and Babies Act of 2023 , the Secretary shall— (A) not approve any labeling change— (i) to approve the use of such abortion drug after 70 days gestation; or (ii) to approve the dispensing of such abortion drug by any means other than in-person administration by the prescribing health care practitioner; (B) treat such abortion drug as subject to section 503(b)(1); and (C) require such abortion drug to be subject to a risk evaluation and mitigation strategy under section 505–1 that at a minimum— (i) requires health care practitioners who prescribe such abortion drug— (I) to be certified in accordance with the strategy; and (II) to not be acting in their capacity as a pharmacist; (ii) as part of the certification process referred to in clause (i), requires such practitioners— (I) to have the ability to assess the duration of pregnancy accurately; (II) to have the ability to diagnose ectopic pregnancies; (III) to have the ability to provide surgical intervention in cases of incomplete abortion or severe bleeding; (IV) to have the ability to ensure patient access to medical facilities equipped to provide blood transfusions and resuscitation, if necessary; and (V) to report any deaths or other adverse events associated with the use of such abortion drug to the Food and Drug Administration and to the manufacturer of such abortion drug, identifying the patient by a non-identifiable reference and the serial number from each package of such abortion drug; (iii) limits the dispensing of such abortion drug to patients— (I) in a clinic, medical office, or hospital by means of in-person administration by the prescribing health care practitioner; and (II) not in pharmacies or any setting other than the health care settings described in subclause (I); (iv) requires the prescribing health care practitioner to give to the patient documentation on any risk of serious complications associated with use of such abortion drug and receive acknowledgment of such receipt from the patient; (v) requires all known adverse events associated with such abortion drug to be reported, excluding any individually identifiable patient information, to the Food and Drug Administration by the— (I) manufacturers of such abortion drug; and (II) prescribers of such abortion drug; and (vi) requires reporting of administration of the abortion drug as required by State law, or in the absence of a State law regarding such reporting, in the same manner as a surgical abortion. (3) Reporting on adverse events by other health care practitioners \nThe Secretary shall require all other health care practitioners to report to the Food and Drug Administration any adverse events experienced by their patients that are connected to use of an abortion drug, excluding any individually identifiable patient information. (4) Rule of construction \nNothing in this section shall be construed to restrict the authority of the Federal Government, or of a State, to establish, implement, and enforce requirements and restrictions with respect to abortion drugs under provisions of law other than this section that are in addition to the requirements and restrictions under this section. (5) Definitions \nIn this section: (A) The term abortion drug means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled) to intentionally kill the unborn child of a woman known to be pregnant, or to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) to produce a live birth; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (B) The term adverse event includes each of the following: (i) A fatality. (ii) An ectopic pregnancy. (iii) A hospitalization. (iv) A blood loss requiring a transfusion. (v) An infection, including endometritis, pelvic inflammatory disease, and pelvic infections with sepsis. (vi) A severe infection. (C) The term gestation means the period of days beginning on the first day of the last menstrual period. (D) The term health care practitioner means any individual who is licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which the individual practices, to prescribe drugs subject to section 503(b)(1). (E) The term unborn child means an individual organism of the species homo sapiens , beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code..", "id": "H1143D18FC6154920811E28BEDFFC9D26", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "(b) Ongoing investigational use \nIn the case of any investigational use of a drug pursuant to an investigational use exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ) that was granted before the date of enactment of this Act, such exemption is deemed to be rescinded as of the day that is 3 years after the date of enactment of this Act if the Secretary would be prohibited by section 505(z)(1)(B) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), from granting such exemption as of such day.", "id": "H09102A9C75254592951149411A3D6CBC", "header": "Ongoing investigational use", "nested": [], "links": [ { "text": "21 U.S.C. 355(i)", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] } ], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(i)", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] } ]

[ "Abortion", "Drug safety, medical device, and laboratory regulation", "Health information and medical records", "Health personnel", "Health technology, devices, supplies", "Marketing and advertising", "Prescription drugs" ]

[ { "text": "1. Short title \nThis Act may be cited as the Utah Wildfire Research Institute Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Additional Institute \n(a) In general \nSection 5(b)(2) of the Southwest Forest Health and Wildfire Prevention Act of 2004 ( 16 U.S.C. 6704(b)(2) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) the State of Utah.. (b) Conforming amendment \nSection 5(e)(1) of the Southwest Forest Health and Wildfire Prevention Act of 2004 ( 16 U.S.C. 6704(e)(1) ) is amended by striking and Colorado and inserting Colorado, and Utah.", "id": "id717AD2717C7C4995BA39B570F8DCF0C8", "header": "Additional Institute", "nested": [ { "text": "(a) In general \nSection 5(b)(2) of the Southwest Forest Health and Wildfire Prevention Act of 2004 ( 16 U.S.C. 6704(b)(2) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) the State of Utah..", "id": "idF13FFC6B9A7743AA960366B32947DC66", "header": "In general", "nested": [], "links": [ { "text": "16 U.S.C. 6704(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/6704" } ] }, { "text": "(b) Conforming amendment \nSection 5(e)(1) of the Southwest Forest Health and Wildfire Prevention Act of 2004 ( 16 U.S.C. 6704(e)(1) ) is amended by striking and Colorado and inserting Colorado, and Utah.", "id": "id69273E8A419B426784BE35905978C984", "header": "Conforming amendment", "nested": [], "links": [ { "text": "16 U.S.C. 6704(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/16/6704" } ] } ], "links": [ { "text": "16 U.S.C. 6704(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/6704" }, { "text": "16 U.S.C. 6704(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/16/6704" } ] } ]

[ "Ecology", "Fires", "Forests, forestry, trees", "Higher education", "Research administration and funding", "Utah" ]

[ { "text": "1. Short Title \nThis Act may be cited as the Chesapeake Bay Science, Education, and Ecosystem Enhancement Act of 2023.", "id": "HCE2B775630F840C8B0B47EE33277A250", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Sense of Congress \nIt is the sense of Congress that the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration should be the primary representative of the National Oceanic and Atmospheric Administration in the Chesapeake Bay watershed.", "id": "H2731661D74D54AC79F5EF12ABB60647F", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "3. Reauthorization of the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration \nSection 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( 15 U.S.C. 1511d ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking (in this section and all that follows and inserting a period; (B) by amending paragraph (2) to read as follows: (2) The Office shall be headed by a Director, who shall— (A) have knowledge and experience in research or resource management efforts in the Chesapeake Bay; and (B) be responsible for— (i) the administration and operation of the Office; and (ii) the implementation of this section. ; and (C) by striking paragraph (3); (2) in subsection (b)— (A) in paragraph (2), by striking Secretary of Commerce and inserting Administrator ; (B) in paragraph (3)— (i) in the matter preceding subparagraph (A)— (I) by inserting with and represent after coordinate ; and (II) by striking , the Chesapeake Bay Regional Sea Grant Programs, and the Chesapeake Bay units of the National Estuarine Research Reserve System, and inserting for the Chesapeake Bay Program and that relate to the Chesapeake Bay watershed in furtherance of the coastal resource stewardship mission of the Administration, ; (ii) in subparagraph (A)— (I) in clause (vi), by striking and at the end; (II) in clause (vii), by striking and at the end; and (III) by adding at the end the following: (viii) coastal hazards and climate change; and (ix) education; and ; and (iii) in subparagraph (B)— (I) in clause (iii), by striking and at the end; (II) in clause (iv), by inserting and after the semicolon; and (III) by adding at the end the following: (v) integrated ecosystem assessments; ; (C) in paragraph (4)— (i) by striking Environmental Protection Agency and inserting Chesapeake Executive Council ; and (ii) by inserting before the semicolon at the end the following: as appropriate to further the purposes of this section ; (D) by striking paragraphs (5) and (7); (E) by redesignating paragraph (6) as paragraph (5); and (F) by adding at the end the following: (6) perform any functions necessary to support the programs and activities described in paragraph (3). ; (3) by striking subsections (c), (d), and (e); and (4) by adding at the end the following: (c) Activities \n(1) In general \nThe Administrator, through the Director, shall implement the activities authorized or required under this section— (A) to support the activities of the Chesapeake Executive Council; and (B) to further the purposes of this section. (2) Ensuring scientific and technical merit \nThe Director shall— (A) establish and use an effective and transparent mechanism to ensure that projects funded under this section have undergone appropriate peer review; and (B) provide other appropriate means to determine that such projects have acceptable scientific and technical merit for the purpose of achieving maximum use of available funds and resources to benefit the Chesapeake Bay area. (3) Consultation with Chesapeake Executive Council \nIn implementing the activities authorized or required under this section, the Director shall consult with the Chesapeake Executive Council to ensure that the activities of the Office are consistent with the purposes and priorities of the Chesapeake Bay Agreement and plans developed pursuant to that agreement. (4) Integrated coastal observations \n(A) In general \nThe Administrator, through the Director, may collaborate with scientific and academic institutions, State and Federal agencies, nongovernmental organizations, and other constituents in the Chesapeake Bay watershed to support an integrated observations system for the Chesapeake Bay consistent with the purposes of the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3601 et seq. ). (B) Specific requirements \nTo support the system described in subparagraph (A) and provide a complete set of environmental information for the Chesapeake Bay, the Director shall— (i) coordinate monitoring with Federal and State agencies in the tidal portions of the Chesapeake Bay to understand impacts of water quality on living marine resources; (ii) identify new data collection needs and deploy new technologies, as appropriate; (iii) collect and analyze the scientific information necessary for the management of living marine resources and the marine habitat associated with such resources; and (iv) organize the information described in clause (iii) into products that are useful to policy makers, resource managers, scientists, and the public. (C) Chesapeake Bay Interpretive Buoy System \nTo further the development and implementation of the Chesapeake Bay Interpretive Buoy System of the National Oceanic and Atmospheric Administration and associated monitoring assets to improve weather and ecological forecasts and monitor habitat conditions for living marine resources, the Director may— (i) support the establishment and implementation of the Captain John Smith Chesapeake National Historic Trail designated by section 5(a)(25) of the National Trails System Act ( 16 U.S.C. 1244(a)(25) ); (ii) delineate key waypoints along the trail and provide appropriate real-time data and information for trail users; (iii) interpret data and information for use by educators and students to inspire stewardship of the Chesapeake Bay; and (iv) incorporate the observational data from the Chesapeake Bay Interpretive Buoy System into the regional observing system network of the Integrated Ocean Observing System of the National Oceanic and Atmospheric Administration. (5) Chesapeake Bay Watershed Education and Training Program \n(A) In general \nThe Administrator, through the Director, may establish a program to be known as the Chesapeake Bay Watershed Education and Training Program. (B) Activities \nThe Chesapeake Bay Watershed Education and Training Program shall— (i) continue and expand the Chesapeake Bay watershed education programs offered by the Office immediately before the date of the enactment of the Chesapeake Bay Science, Education, and Ecosystem Enhancement Act of 2023 ; (ii) improve the understanding of elementary and secondary school students and teachers of the living resources of the ecosystem of the Chesapeake Bay; (iii) provide education and career pathway internships; and (iv) meet the educational goals of the Chesapeake Bay Agreement. (C) Grants \n(i) In general \nThe Director may award grants to carry out the Chesapeake Bay Watershed Education and Training Program. (ii) Use of grants \nGrants awarded under clause (i) may be used to support education and training projects that enhance understanding and assessment of a specific environmental problem in the Chesapeake Bay watershed or a goal of the Chesapeake Bay Program, or protect or restore living resources of the Chesapeake Bay watershed, including projects that— (I) provide classroom education, including the development and use of distance learning and other innovative technologies, related to the Chesapeake Bay watershed; (II) provide meaningful watershed educational experiences in the Chesapeake Bay watershed; (III) provide professional development for teachers related to the Chesapeake Bay watershed and the dissemination of pertinent education materials oriented to varying grade levels; (IV) demonstrate or disseminate environmental educational tools and materials related to the Chesapeake Bay watershed; (V) demonstrate field methods, practices, and techniques, including assessment of environmental and ecological conditions and analysis of environmental problems; and (VI) build the capacity of school districts and partners of school districts to deliver high-quality environmental education programs. (D) Coordination \nThe Director shall implement the Chesapeake Bay Watershed Education and Training Program in coordination with the heads of other Federal agencies, as the Director determines appropriate. (6) Chesapeake Bay Coastal and Living Resources Management and Habitat Program \n(A) In general \nThe Administrator, through the Director, may establish a program to be known as the Chesapeake Bay Coastal Living Resources Management and Habitat Program. (B) Purpose \nThe purpose of the Chesapeake Bay Coastal Living Resources Management and Habitat Program shall be to support coordinated management, protection, characterization, and restoration of priority Chesapeake Bay habitats and living resources, including oysters, blue crabs, submerged aquatic vegetation, and economically and ecologically important fish species such as striped bass and menhaden. (C) Activities \nUnder the Chesapeake Bay Coastal Living Resources Management and Habitat Program, the Director may carry out or enter into grants, contracts, and cooperative agreements and provide technical assistance to support— (i) native oyster research and restoration; (ii) fish and shellfish aquaculture that is carried out in accordance with a valid Federal or State permit; (iii) the establishment of submerged aquatic vegetation restoration programs; (iv) the development of programs that restore, protect, and build the resilience of critical coastal habitats and communities; (v) habitat mapping, characterization, and assessment techniques necessary to identify, assess, and monitor Chesapeake Bay conditions and restoration actions; (vi) the application and transfer of applied scientific research and ecosystem management tools to fisheries and habitat managers; (vii) the collection, synthesis, and sharing of information to inform and influence coastal and living resource management issues; (viii) research on ecologically and economically important fish and shellfish; and (ix) such other activities as the Director determines appropriate to carry out the purpose of such program. (d) Delegation \n(1) Authority \nThe Administrator shall delegate to the Director such authority as may be necessary to carry out this section. (2) Staff \nThe Administrator shall delegate to the Director appropriate staff representing expertise that covers the breadth of the functions of the Office. (e) Reports \n(1) In general \nNot less frequently than once every 2 years, the Administrator, through the Director, shall submit to Congress and the Secretary of Commerce a report on— (A) the activities of the Office; and (B) progress made in protecting and restoring the living resources and habitat of the Chesapeake Bay. (2) Action plan \nEach report required by paragraph (1) shall include an action plan for the 2-year period following the date on which the report is submitted, consisting of— (A) a list of recommended research, monitoring, and data collection activities necessary to continue implementation of the strategy required by subsection (b)(2); and (B) recommendations to integrate activities of the National Oceanic and Atmospheric Administration with the activities of the partners in the Chesapeake Bay Program to meet the commitments of the Chesapeake Bay Agreement and subsequent agreements. (f) Agreements; use of other resources \n(1) Agreements \nThe Administrator, through the Director, may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out this section. (2) Use of other resources \nFor purposes related to the understanding, protection, and restoration of the Chesapeake Bay, the Director may use, with consent and with or without reimbursement, the land, services, equipment, personnel, and facilities of any Department, agency, or instrumentality of the United States, or of any State, local government, or Indian Tribe, or of any political subdivision thereof. (g) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the National Oceanic and Atmospheric Administration. (2) Chesapeake Bay Agreement; Chesapeake Bay ecosystem; Chesapeake Bay Program; Chesapeake Executive Council \nThe terms Chesapeake Bay Agreement , Chesapeake Bay ecosystem , Chesapeake Bay Program , and Chesapeake Executive Council have the meanings given those terms in section 117(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1267(a) ). (3) Director \nThe term Director means the Director of the Office. (4) Office \nThe term Office means the Chesapeake Bay Office established under this section. (h) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Commerce to carry out this section— (1) $17,000,000 for fiscal year 2024; (2) $18,700,000 for fiscal year 2025; (3) $20,570,000 for fiscal year 2026; and (4) $22,627,000 for fiscal year 2027..", "id": "HF13E093429E447E7B1A1B77BA1CCBBEC", "header": "Reauthorization of the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration", "nested": [], "links": [ { "text": "15 U.S.C. 1511d", "legal-doc": "usc", "parsable-cite": "usc/15/1511d" }, { "text": "33 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/3601" }, { "text": "16 U.S.C. 1244(a)(25)", "legal-doc": "usc", "parsable-cite": "usc/16/1244" }, { "text": "33 U.S.C. 1267(a)", "legal-doc": "usc", "parsable-cite": "usc/33/1267" } ] } ]

[ "Advisory bodies", "Air quality", "Aquaculture", "Aquatic ecology", "Atmospheric science and weather", "Chesapeake Bay", "Climate change and greenhouse gases", "Congressional oversight", "Delaware", "Department of Commerce", "Education programs funding", "Educational technology and distance education", "Elementary and secondary education", "Environmental assessment, monitoring, research", "Environmental education", "Executive agency funding and structure", "Fishes", "Geography and mapping", "Historic sites and heritage areas", "Marine and coastal resources, fisheries", "Maryland", "New York State", "Parks, recreation areas, trails", "Pennsylvania", "Research administration and funding", "Teaching, teachers, curricula", "Virginia", "Water quality", "Water resources funding", "Watersheds", "Wildlife conservation and habitat protection" ]

[ { "text": "1. Short title \nThis Act may be cited as the Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2023.", "id": "H3FAEB1086EC44B63A50C130C07B518E2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitation of authority with respect to premium cigars \n(a) Exception for traditional large and premium cigars \nSection 901(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387a(c) ) is amended— (1) in paragraph (2), in the heading, by inserting for certain tobacco leaf after authority ; and (2) by adding at the end the following: (3) Limitation of authority for certain cigars \n(A) In general \nThe provisions of this chapter (except for section 907(d)(3)) shall not apply to traditional large and premium cigars. (B) Rule of construction \nNothing in this chapter shall be construed to grant the Secretary authority to promulgate regulations on any matter that involves traditional large and premium cigars. (C) Traditional large and premium cigar defined \nFor purposes of this paragraph, the term traditional large and premium cigar — (i) means any roll of tobacco that is wrapped in 100-percent leaf tobacco, bunched with 100-percent tobacco filler, contains no filter, tip, or non-tobacco mouthpiece, weighs at least 6 pounds per 1,000 count, and— (I) has a 100-percent leaf tobacco binder and is hand rolled; (II) has a 100-percent leaf tobacco binder and is made using human hands to lay the leaf tobacco wrapper or binder onto only one machine that bunches, wraps, and caps each individual cigar; or (III) has a homogenized tobacco leaf binder and is made in the United States using human hands to lay the 100-percent leaf tobacco wrapper onto only one machine that bunches, wraps, and caps each individual cigar; and (ii) does not include a cigarette (as such term is defined by section 900(3)) or a little cigar (as such term is defined by section 900(11)).. (b) Conforming amendments \nSection 919(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s(b) ) is amended— (1) in paragraph (2)(B)(i)(II), by inserting , but excluding traditional large and premium cigars (as such term is defined under section 901(c)(3)) before the period; and (2) in paragraph (5), by inserting subject to section 901(c)(3), before if a user fee.", "id": "H64CC048D08B642E6B8C62260E1EAE26C", "header": "Limitation of authority with respect to premium cigars", "nested": [ { "text": "(a) Exception for traditional large and premium cigars \nSection 901(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387a(c) ) is amended— (1) in paragraph (2), in the heading, by inserting for certain tobacco leaf after authority ; and (2) by adding at the end the following: (3) Limitation of authority for certain cigars \n(A) In general \nThe provisions of this chapter (except for section 907(d)(3)) shall not apply to traditional large and premium cigars. (B) Rule of construction \nNothing in this chapter shall be construed to grant the Secretary authority to promulgate regulations on any matter that involves traditional large and premium cigars. (C) Traditional large and premium cigar defined \nFor purposes of this paragraph, the term traditional large and premium cigar — (i) means any roll of tobacco that is wrapped in 100-percent leaf tobacco, bunched with 100-percent tobacco filler, contains no filter, tip, or non-tobacco mouthpiece, weighs at least 6 pounds per 1,000 count, and— (I) has a 100-percent leaf tobacco binder and is hand rolled; (II) has a 100-percent leaf tobacco binder and is made using human hands to lay the leaf tobacco wrapper or binder onto only one machine that bunches, wraps, and caps each individual cigar; or (III) has a homogenized tobacco leaf binder and is made in the United States using human hands to lay the 100-percent leaf tobacco wrapper onto only one machine that bunches, wraps, and caps each individual cigar; and (ii) does not include a cigarette (as such term is defined by section 900(3)) or a little cigar (as such term is defined by section 900(11))..", "id": "H3EF844E568D747D5A94C53071C007E9E", "header": "Exception for traditional large and premium cigars", "nested": [], "links": [ { "text": "21 U.S.C. 387a(c)", "legal-doc": "usc", "parsable-cite": "usc/21/387a" } ] }, { "text": "(b) Conforming amendments \nSection 919(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s(b) ) is amended— (1) in paragraph (2)(B)(i)(II), by inserting , but excluding traditional large and premium cigars (as such term is defined under section 901(c)(3)) before the period; and (2) in paragraph (5), by inserting subject to section 901(c)(3), before if a user fee.", "id": "H96C811EFA56440B7B080BA34A4E641A1", "header": "Conforming amendments", "nested": [], "links": [ { "text": "21 U.S.C. 387s(b)", "legal-doc": "usc", "parsable-cite": "usc/21/387s" } ] } ], "links": [ { "text": "21 U.S.C. 387a(c)", "legal-doc": "usc", "parsable-cite": "usc/21/387a" }, { "text": "21 U.S.C. 387s(b)", "legal-doc": "usc", "parsable-cite": "usc/21/387s" } ] } ]

[ "Administrative law and regulatory procedures", "Department of Health and Human Services", "Drug safety, medical device, and laboratory regulation", "Drug, alcohol, tobacco use", "Food and Drug Administration (FDA)", "User charges and fees" ]

[ { "text": "1. Short title \nThis Act may be cited as the All-American Flag Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Requirement for agencies to buy domestically made United States flags \n(a) Requirement for agencies To buy domestically made United States flags \n(1) In general \nChapter 63 of title 41, United States Code, is amended by adding at the end the following new section: 6310. Requirement for agencies to buy domestically made United States flags \n(a) Requirement \nExcept as provided in subsections (b) through (d), funds appropriated or otherwise available to an agency may not be used for the procurement of any flag of the United States, unless such flag has been 100 percent manufactured in the United States from articles, materials, or supplies that have been grown or 100 percent produced or manufactured in the United States. (b) Availability exception \nSubsection (a) does not apply to the extent that the head of the agency concerned determines that satisfactory quality and sufficient quantity of a flag described in such subsection cannot be procured as and when needed at United States market prices. (c) Exception for certain procurements \nSubsection (a) does not apply to the following: (1) Procurements by vessels in foreign waters. (2) Procurements for resale purposes in any military commissary, military exchange, or nonappropriated fund instrumentality operated by an agency. (3) Procurements for amounts less than the simplified acquisition threshold. (d) Presidential waiver \n(1) In general \nThe President may waive the requirement in subsection (a) if the President determines a waiver is necessary to comply with any trade agreement to which the United States is a party. (2) Notice of waiver \nNot later than 30 days after granting a waiver under paragraph (1), the President shall publish a notice of the waiver in the Federal Register. (e) Definitions \nIn this section: (1) Agency \nThe term agency has the meaning given the term executive agency in section 102 of title 40. (2) Simplified acquisition threshold \nThe term simplified acquisition threshold has the meaning given that term in section 134.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 6310. Requirement for agencies to buy domestically made United States flags.. (b) Applicability \nSection 6310 of title 41, United States Code, as added by subsection (a)(1), shall apply with respect to any contract entered into on or after the date that is 180 days after the date of the enactment of this Act.", "id": "idD7BD7872EF1A4D8895BA7B00E2659C50", "header": "Requirement for agencies to buy domestically made United States flags", "nested": [ { "text": "(a) Requirement for agencies To buy domestically made United States flags \n(1) In general \nChapter 63 of title 41, United States Code, is amended by adding at the end the following new section: 6310. Requirement for agencies to buy domestically made United States flags \n(a) Requirement \nExcept as provided in subsections (b) through (d), funds appropriated or otherwise available to an agency may not be used for the procurement of any flag of the United States, unless such flag has been 100 percent manufactured in the United States from articles, materials, or supplies that have been grown or 100 percent produced or manufactured in the United States. (b) Availability exception \nSubsection (a) does not apply to the extent that the head of the agency concerned determines that satisfactory quality and sufficient quantity of a flag described in such subsection cannot be procured as and when needed at United States market prices. (c) Exception for certain procurements \nSubsection (a) does not apply to the following: (1) Procurements by vessels in foreign waters. (2) Procurements for resale purposes in any military commissary, military exchange, or nonappropriated fund instrumentality operated by an agency. (3) Procurements for amounts less than the simplified acquisition threshold. (d) Presidential waiver \n(1) In general \nThe President may waive the requirement in subsection (a) if the President determines a waiver is necessary to comply with any trade agreement to which the United States is a party. (2) Notice of waiver \nNot later than 30 days after granting a waiver under paragraph (1), the President shall publish a notice of the waiver in the Federal Register. (e) Definitions \nIn this section: (1) Agency \nThe term agency has the meaning given the term executive agency in section 102 of title 40. (2) Simplified acquisition threshold \nThe term simplified acquisition threshold has the meaning given that term in section 134.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 6310. Requirement for agencies to buy domestically made United States flags..", "id": "id078A73362AFA44A2A334FC92AFEA0F1A", "header": "Requirement for agencies To buy domestically made United States flags", "nested": [], "links": [ { "text": "Chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/41/63" } ] }, { "text": "(b) Applicability \nSection 6310 of title 41, United States Code, as added by subsection (a)(1), shall apply with respect to any contract entered into on or after the date that is 180 days after the date of the enactment of this Act.", "id": "id86E689A07B99463DBF9EDB8AB3B9FC1B", "header": "Applicability", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/41/63" } ] }, { "text": "6310. Requirement for agencies to buy domestically made United States flags \n(a) Requirement \nExcept as provided in subsections (b) through (d), funds appropriated or otherwise available to an agency may not be used for the procurement of any flag of the United States, unless such flag has been 100 percent manufactured in the United States from articles, materials, or supplies that have been grown or 100 percent produced or manufactured in the United States. (b) Availability exception \nSubsection (a) does not apply to the extent that the head of the agency concerned determines that satisfactory quality and sufficient quantity of a flag described in such subsection cannot be procured as and when needed at United States market prices. (c) Exception for certain procurements \nSubsection (a) does not apply to the following: (1) Procurements by vessels in foreign waters. (2) Procurements for resale purposes in any military commissary, military exchange, or nonappropriated fund instrumentality operated by an agency. (3) Procurements for amounts less than the simplified acquisition threshold. (d) Presidential waiver \n(1) In general \nThe President may waive the requirement in subsection (a) if the President determines a waiver is necessary to comply with any trade agreement to which the United States is a party. (2) Notice of waiver \nNot later than 30 days after granting a waiver under paragraph (1), the President shall publish a notice of the waiver in the Federal Register. (e) Definitions \nIn this section: (1) Agency \nThe term agency has the meaning given the term executive agency in section 102 of title 40. (2) Simplified acquisition threshold \nThe term simplified acquisition threshold has the meaning given that term in section 134.", "id": "idBC75387F2D144EDAB7C080AE23EA151D", "header": "Requirement for agencies to buy domestically made United States flags", "nested": [ { "text": "(a) Requirement \nExcept as provided in subsections (b) through (d), funds appropriated or otherwise available to an agency may not be used for the procurement of any flag of the United States, unless such flag has been 100 percent manufactured in the United States from articles, materials, or supplies that have been grown or 100 percent produced or manufactured in the United States.", "id": "id1AE29121CD534AD5974D2A1FA0125111", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Availability exception \nSubsection (a) does not apply to the extent that the head of the agency concerned determines that satisfactory quality and sufficient quantity of a flag described in such subsection cannot be procured as and when needed at United States market prices.", "id": "idC9D02517BE384C8F8BA37D1F375F8CF0", "header": "Availability exception", "nested": [], "links": [] }, { "text": "(c) Exception for certain procurements \nSubsection (a) does not apply to the following: (1) Procurements by vessels in foreign waters. (2) Procurements for resale purposes in any military commissary, military exchange, or nonappropriated fund instrumentality operated by an agency. (3) Procurements for amounts less than the simplified acquisition threshold.", "id": "id0B5E45CF87B34B20A9C39D22EA888D66", "header": "Exception for certain procurements", "nested": [], "links": [] }, { "text": "(d) Presidential waiver \n(1) In general \nThe President may waive the requirement in subsection (a) if the President determines a waiver is necessary to comply with any trade agreement to which the United States is a party. (2) Notice of waiver \nNot later than 30 days after granting a waiver under paragraph (1), the President shall publish a notice of the waiver in the Federal Register.", "id": "idF0EDEF9C2AD94932B6E7C0403A93063D", "header": "Presidential waiver", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Agency \nThe term agency has the meaning given the term executive agency in section 102 of title 40. (2) Simplified acquisition threshold \nThe term simplified acquisition threshold has the meaning given that term in section 134.", "id": "idCFBE2393EFBB4815BA76629D5F671A93", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Buy American requirements", "National symbols", "Public contracts and procurement" ]

[ { "text": "1. Short title \nThis Act may be cited as the Unlocking Native Lands and Opportunities for Commerce and Key Economic Developments Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Modification of tribal leases and rights-of-way across Indian land \n(a) Extension of tribal lease period \nThe first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415 ) (commonly known as the Long-Term Leasing Act ), is amended— (1) by striking That (a) and all that follows through the end of subsection (a) and inserting the following: 1. Leases of Restricted Land \n(a) Authorized purposes; term; approval by Secretary \n(1) In general \nAny restricted Indian lands, regardless of whether that land is tribally or individually owned, may be leased by the Indian owner of the land, with the approval of the Secretary, for— (A) a public, religious, educational, recreational, residential, business, or grazing purposes; or (B) a farming purpose that requires the making of a substantial investment in the improvement of the land for the production of 1 or more specialized crops as determined by the Secretary. (2) Inclusions \nA lease under paragraph (1) may include the development or use of natural resources in connection with operations under that lease. (3) Term \n(A) In general \nExcept as provided in subparagraph (B), a lease under paragraph (1) shall be for a term of not more than 99 years, including any renewals. (B) Exception for grazing purposes \nA lease under paragraph (1) for grazing purposes may be for a term of not more than 10 years, including any renewals. (4) Requirement \nEach lease and renewal under this subsection shall be made in accordance with such terms and regulations as may be prescribed by the Secretary. (5) Conditions for approval \nBefore the approval of any lease or renewal of an existing lease pursuant to this subsection, the Secretary shall determine that adequate consideration has been given to— (A) relationship between the use of the leased lands and the use of neighboring land; (B) the height, quality, and safety of any structures or other facilities to be constructed on the leased land; (C) the availability of police and fire protection and other services on the leased land; (D) the availability of judicial forums for all criminal and civil causes of action arising on the leased land; and (E) the effects on the environment of the uses to which the leased lands will be subject. ; (2) in subsection (b)— (A) by striking (b) Any lease and inserting the following: (b) Exception for Secretary approval \nAny lease ; (B) by striking of the Interior each place it appears; and (C) by striking clause (3) and inserting paragraph ; (3) by redesignating subsections (a), (b), (c), and (d) as subsections (b), (c), (d), and (a), respectively, and moving the subsections so as to appear in alphabetical order; and (4) by striking subsection (a) each place it appears and inserting subsection (b). (b) Technical correction \nSection 2 of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415a ) (commonly known as the Long-Term Leasing Act ), is amended by inserting of the Interior after Secretary each place it appears. (c) Modification of rights-of-Way across Indian land \nThe first section of the Act of February 5, 1948 (62 Stat. 17, chapter 45; 25 U.S.C. 323 ), is amended— (1) by striking That the Secretary of the Interior be, and he is empowered to and inserting the following: 1. Rights-of-way for All Purposes Across Indian Land \n(a) Rights-of-Way \nExcept as provided in subsection (b), the Secretary of the Interior may ; and (2) by adding at the end the following: (b) Exception \nA right-of-way granted by an Indian tribe for the purposes authorized under this section shall not require the approval of the Secretary of the Interior, subject to the condition that— (1) the right-of-way approval process by the Indian tribe substantially complies with subsection (h) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(h) ); or (2) the Indian tribe has tribal regulations approved by the Secretary of the Interior under that subsection..", "id": "id025B2FF47173434A8B56F8E6CC2D2794", "header": "Modification of tribal leases and rights-of-way across Indian land", "nested": [ { "text": "(a) Extension of tribal lease period \nThe first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415 ) (commonly known as the Long-Term Leasing Act ), is amended— (1) by striking That (a) and all that follows through the end of subsection (a) and inserting the following: 1. Leases of Restricted Land \n(a) Authorized purposes; term; approval by Secretary \n(1) In general \nAny restricted Indian lands, regardless of whether that land is tribally or individually owned, may be leased by the Indian owner of the land, with the approval of the Secretary, for— (A) a public, religious, educational, recreational, residential, business, or grazing purposes; or (B) a farming purpose that requires the making of a substantial investment in the improvement of the land for the production of 1 or more specialized crops as determined by the Secretary. (2) Inclusions \nA lease under paragraph (1) may include the development or use of natural resources in connection with operations under that lease. (3) Term \n(A) In general \nExcept as provided in subparagraph (B), a lease under paragraph (1) shall be for a term of not more than 99 years, including any renewals. (B) Exception for grazing purposes \nA lease under paragraph (1) for grazing purposes may be for a term of not more than 10 years, including any renewals. (4) Requirement \nEach lease and renewal under this subsection shall be made in accordance with such terms and regulations as may be prescribed by the Secretary. (5) Conditions for approval \nBefore the approval of any lease or renewal of an existing lease pursuant to this subsection, the Secretary shall determine that adequate consideration has been given to— (A) relationship between the use of the leased lands and the use of neighboring land; (B) the height, quality, and safety of any structures or other facilities to be constructed on the leased land; (C) the availability of police and fire protection and other services on the leased land; (D) the availability of judicial forums for all criminal and civil causes of action arising on the leased land; and (E) the effects on the environment of the uses to which the leased lands will be subject. ; (2) in subsection (b)— (A) by striking (b) Any lease and inserting the following: (b) Exception for Secretary approval \nAny lease ; (B) by striking of the Interior each place it appears; and (C) by striking clause (3) and inserting paragraph ; (3) by redesignating subsections (a), (b), (c), and (d) as subsections (b), (c), (d), and (a), respectively, and moving the subsections so as to appear in alphabetical order; and (4) by striking subsection (a) each place it appears and inserting subsection (b).", "id": "idCC27C3576E2443F7975269CBD67DB5AB", "header": "Extension of tribal lease period", "nested": [], "links": [ { "text": "25 U.S.C. 415", "legal-doc": "usc", "parsable-cite": "usc/25/415" } ] }, { "text": "(b) Technical correction \nSection 2 of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415a ) (commonly known as the Long-Term Leasing Act ), is amended by inserting of the Interior after Secretary each place it appears.", "id": "id2670E12DF63648348DCEE617B1347151", "header": "Technical correction", "nested": [], "links": [ { "text": "25 U.S.C. 415a", "legal-doc": "usc", "parsable-cite": "usc/25/415a" } ] }, { "text": "(c) Modification of rights-of-Way across Indian land \nThe first section of the Act of February 5, 1948 (62 Stat. 17, chapter 45; 25 U.S.C. 323 ), is amended— (1) by striking That the Secretary of the Interior be, and he is empowered to and inserting the following: 1. Rights-of-way for All Purposes Across Indian Land \n(a) Rights-of-Way \nExcept as provided in subsection (b), the Secretary of the Interior may ; and (2) by adding at the end the following: (b) Exception \nA right-of-way granted by an Indian tribe for the purposes authorized under this section shall not require the approval of the Secretary of the Interior, subject to the condition that— (1) the right-of-way approval process by the Indian tribe substantially complies with subsection (h) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(h) ); or (2) the Indian tribe has tribal regulations approved by the Secretary of the Interior under that subsection..", "id": "idF0F7C66ABAA3467499A9DF4C3AE6B07F", "header": "Modification of rights-of-Way across Indian land", "nested": [], "links": [ { "text": "25 U.S.C. 323", "legal-doc": "usc", "parsable-cite": "usc/25/323" }, { "text": "25 U.S.C. 415(h)", "legal-doc": "usc", "parsable-cite": "usc/25/415" } ] } ], "links": [ { "text": "25 U.S.C. 415", "legal-doc": "usc", "parsable-cite": "usc/25/415" }, { "text": "25 U.S.C. 415a", "legal-doc": "usc", "parsable-cite": "usc/25/415a" }, { "text": "25 U.S.C. 323", "legal-doc": "usc", "parsable-cite": "usc/25/323" }, { "text": "25 U.S.C. 415(h)", "legal-doc": "usc", "parsable-cite": "usc/25/415" } ] }, { "text": "1. Leases of Restricted Land \n(a) Authorized purposes; term; approval by Secretary \n(1) In general \nAny restricted Indian lands, regardless of whether that land is tribally or individually owned, may be leased by the Indian owner of the land, with the approval of the Secretary, for— (A) a public, religious, educational, recreational, residential, business, or grazing purposes; or (B) a farming purpose that requires the making of a substantial investment in the improvement of the land for the production of 1 or more specialized crops as determined by the Secretary. (2) Inclusions \nA lease under paragraph (1) may include the development or use of natural resources in connection with operations under that lease. (3) Term \n(A) In general \nExcept as provided in subparagraph (B), a lease under paragraph (1) shall be for a term of not more than 99 years, including any renewals. (B) Exception for grazing purposes \nA lease under paragraph (1) for grazing purposes may be for a term of not more than 10 years, including any renewals. (4) Requirement \nEach lease and renewal under this subsection shall be made in accordance with such terms and regulations as may be prescribed by the Secretary. (5) Conditions for approval \nBefore the approval of any lease or renewal of an existing lease pursuant to this subsection, the Secretary shall determine that adequate consideration has been given to— (A) relationship between the use of the leased lands and the use of neighboring land; (B) the height, quality, and safety of any structures or other facilities to be constructed on the leased land; (C) the availability of police and fire protection and other services on the leased land; (D) the availability of judicial forums for all criminal and civil causes of action arising on the leased land; and (E) the effects on the environment of the uses to which the leased lands will be subject.", "id": "id8C9C284DDB0E479F82C4222659256401", "header": "Leases of Restricted Land", "nested": [ { "text": "(a) Authorized purposes; term; approval by Secretary \n(1) In general \nAny restricted Indian lands, regardless of whether that land is tribally or individually owned, may be leased by the Indian owner of the land, with the approval of the Secretary, for— (A) a public, religious, educational, recreational, residential, business, or grazing purposes; or (B) a farming purpose that requires the making of a substantial investment in the improvement of the land for the production of 1 or more specialized crops as determined by the Secretary. (2) Inclusions \nA lease under paragraph (1) may include the development or use of natural resources in connection with operations under that lease. (3) Term \n(A) In general \nExcept as provided in subparagraph (B), a lease under paragraph (1) shall be for a term of not more than 99 years, including any renewals. (B) Exception for grazing purposes \nA lease under paragraph (1) for grazing purposes may be for a term of not more than 10 years, including any renewals. (4) Requirement \nEach lease and renewal under this subsection shall be made in accordance with such terms and regulations as may be prescribed by the Secretary. (5) Conditions for approval \nBefore the approval of any lease or renewal of an existing lease pursuant to this subsection, the Secretary shall determine that adequate consideration has been given to— (A) relationship between the use of the leased lands and the use of neighboring land; (B) the height, quality, and safety of any structures or other facilities to be constructed on the leased land; (C) the availability of police and fire protection and other services on the leased land; (D) the availability of judicial forums for all criminal and civil causes of action arising on the leased land; and (E) the effects on the environment of the uses to which the leased lands will be subject.", "id": "id616D6DC43AB44A7397EE967F5B0C42D8", "header": "Authorized purposes; term; approval by Secretary", "nested": [], "links": [] } ], "links": [] }, { "text": "1. Rights-of-way for All Purposes Across Indian Land \n(a) Rights-of-Way \nExcept as provided in subsection (b), the Secretary of the Interior may", "id": "idD9908DF24EA74022829314CCBF380F0F", "header": "Rights-of-way for All Purposes Across Indian Land", "nested": [ { "text": "(a) Rights-of-Way \nExcept as provided in subsection (b), the Secretary of the Interior may", "id": "id5AEBE2FFDA5143F0A298BF5E3F759083", "header": "Rights-of-Way", "nested": [], "links": [] } ], "links": [] }, { "text": "1. Short title \nThis Act may be cited as the Unlocking Native Lands and Opportunities for Commerce and Key Economic Developments Act of 2023.", "id": "id81669c6a-6944-4810-98fd-86c13fe6fc9f", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Modification of tribal leases and rights-of-way across Indian land \n(a) Extension of tribal lease period \nThe first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415 ) (commonly known as the Long-Term Leasing Act ), is amended— (1) by striking That (a) and all that follows through the end of subsection (a) and inserting the following: 1. Leases of Restricted Land \n(a) Authorized purposes; term; approval by Secretary \n(1) In general \nAny restricted Indian lands, regardless of whether that land is tribally or individually owned, may be leased by the Indian owner of the land, with the approval of the Secretary, for— (A) a public, religious, educational, recreational, residential, business, or grazing purposes; or (B) a farming purpose that requires the making of a substantial investment in the improvement of the land for the production of 1 or more specialized crops as determined by the Secretary. (2) Inclusions \nA lease under paragraph (1) may include the development or use of natural resources in connection with operations under that lease. (3) Term \n(A) In general \nExcept as provided in subparagraph (B), a lease under paragraph (1) shall be for a term of not more than 99 years, including any renewals. (B) Exception for grazing purposes \nA lease under paragraph (1) for grazing purposes may be for a term of not more than 10 years, including any renewals. (4) Requirement \nEach lease and renewal under this subsection shall be made in accordance with such terms and regulations as may be prescribed by the Secretary. (5) Conditions for approval \nBefore the approval of any lease or renewal of an existing lease pursuant to this subsection, the Secretary shall determine that adequate consideration has been given to— (A) relationship between the use of the leased lands and the use of neighboring land; (B) the height, quality, and safety of any structures or other facilities to be constructed on the leased land; (C) the availability of police and fire protection and other services on the leased land; (D) the availability of judicial forums for all criminal and civil causes of action arising on the leased land; and (E) the effects on the environment of the uses to which the leased lands will be subject. ; (2) in subsection (b)— (A) by striking (b) Any lease and inserting the following: (b) Exception for Secretary approval \nAny lease ; (B) by striking of the Interior each place it appears; and (C) by striking clause (3) and inserting paragraph ; (3) by redesignating subsections (a), (b), (c), and (d) as subsections (b), (c), (d), and (a), respectively, and moving the subsections so as to appear in alphabetical order; (4) by striking subsection (a) each place it appears and inserting subsection (b) ; and (5) in subsection (h)(1)— (A) in the matter preceding subparagraph (A), by striking and the term of the lease does not exceed— and inserting a period; and (B) by striking subparagraphs (A) and (B). (b) Technical correction \nSection 2 of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415a ) (commonly known as the Long-Term Leasing Act ), is amended by inserting of the Interior after Secretary each place it appears. (c) Modifications of rights-of-way across Indian land \nThe Act of February 5, 1948 (62 Stat. 17, chapter 45), is amended— (1) in the first section (62 Stat. 17, chapter 45; 25 U.S.C. 323 ), by striking That the Secretary of the Interior be, and he is hereby, empowered to and inserting the following: 1. Rights-of-way for all purposes across Indian Land \n(a) Rights-of-Way \nThe Secretary of the Interior may ; (2) in section 2 (62 Stat. 18, chapter 45; 25 U.S.C. 324 ), by striking organized under the Act of June 18, 1934 (48 Stat. 984), as amended; the Act of May 1, 1936 (49 Stat. 1250); or the Act of June 26, 1936 (49 Stat. 1967), ; and (3) by adding at the end the following: 8. Tribal grants of rights-of-way \n(a) Rights-of-way \n(1) In general \nSubject to paragraph (2), an Indian tribe may grant a right-of-way over and across the Tribal land of the Indian tribe for any purpose. (2) Authority \nA right-of-way granted under paragraph (1) shall not require the approval of the Secretary of the Interior or a grant by the Secretary of the Interior under the section 1 if the right-of-way granted under paragraph (1) is executed in accordance with a Tribal regulation approved by the Secretary of the Interior under subsection (b). (b) Review of Tribal regulations \n(1) Tribal regulation submission and approval \n(A) Submission \nAn Indian tribe seeking to grant a right-of-way under subsection (a) shall submit for approval a Tribal regulation governing the granting of rights-of-way over and across the Tribal land of the Indian tribe. (B) Approval \nSubject to paragraph (2), the Secretary of the Interior shall have the authority to approve or disapprove any Tribal regulation submitted under subparagraph (A). (2) Considerations for approval \n(A) In general \nThe Secretary of the Interior shall approve a Tribal regulation submitted under paragraph (1)(A), if the Tribal regulation— (i) is consistent with any regulations (or successor regulations) issued by the Secretary of the Interior under section 4; (ii) provides for an environmental review process that includes— (I) the identification and evaluation of any significant impacts the proposed action may have on the environment; and (II) a process for ensuring— (aa) that the public is informed of, and has a reasonable opportunity to comment on, any significant environmental impacts of the proposed action identified by the Indian tribe under subclause (I); and (bb) the Indian tribe provides a response to each relevant and substantive public comment on the significant environmental impacts identified by the Indian tribe under subclause (I) before the Indian tribe approves the right-of-way. (B) Statutory exemptions \nThe Secretary of the Interior, in making an approval decision under this subsection, shall not be subject to— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (ii) section 306108 of title 54, United States Code; or (iii) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (3) Review process \n(A) In general \nNot later than 180 days after the date on which the Indian tribe submits a Tribal regulation to the Secretary of the Interior under paragraph (1)(A), the Secretary of the Interior shall— (i) review the Tribal regulation; (ii) approve or disapprove the Tribal regulation; and (iii) notify the Indian tribe that submitted the Tribal regulation of the approval or disapproval. (B) Written documentation \nIf the Secretary of the Interior disapproves a Tribal regulation submitted under paragraph (1)(A), the Secretary of the Interior shall include with the disapproval notification under subparagraph (A)(iii) written documentation describing the basis for the disapproval. (C) Extension \nThe Secretary of the Interior may, after consultation with the Indian tribe that submitted a Tribal regulation under paragraph (1)(A), extend the 180-day period described in subparagraph (A). (4) Federal environmental review \nNotwithstanding paragraphs (2) and (3), if an Indian tribe carries out a project or activity funded by a Federal agency, the Indian tribe may rely on the environmental review process of the applicable Federal agency rather than any Tribal environmental review process required under this subsection. (c) Documentation \nAn Indian tribe granting a right-of-way under subsection (a) shall provide to the Secretary of the Interior— (1) a copy of the right-of-way, including any amendments or renewals; and (2) if the right-of-way allows for compensation to be made directly to the Indian tribe, documentation of payments that are sufficient, as determined by the Secretary of the Interior, as to enable the Secretary of the Interior to discharge the trust responsibility of the United States under subsection (d). (d) Trust responsibility \n(1) In general \nThe United States shall not be liable for losses sustained by any party to a right-of-way granted under subsection (a). (2) Authority of the Secretary \n(A) In general \nPursuant to the authority of the Secretary of the Interior to fulfill the trust obligation of the United States to the applicable Indian tribe under Federal law (including regulations), the Secretary of the Interior may, on reasonable notice from the applicable Indian tribe and at the discretion of the Secretary of the Interior, enforce the provisions of, or cancel, any right-of-way granted by the Indian tribe under subsection (a). (B) Authority \nThe enforcement or cancellation of a right-of-way under subparagraph (A) shall be conducted using regulatory procedures issued under section 6. (e) Compliance \n(1) In general \nAn interested party, after exhaustion of any applicable Tribal remedies, may submit a petition to the Secretary of the Interior, at such time and in such form as determined by the Secretary of the Interior, to review the compliance of an applicable Indian tribe with a Tribal regulation approved by the Secretary of the Interior under subsection (b). (2) Violations \nIf the Secretary of the Interior determines that a Tribal regulation was violated after conducting a review under paragraph (1), the Secretary of the Interior may take any action the Secretary of the Interior determines to be necessary to remedy the violation, including rescinding the approval of the Tribal regulation and reassuming responsibility for approving rights-of-way through the trust land of the applicable Indian tribe. (3) Documentation \nIf the Secretary of the Interior determines that a Tribal regulation was violated after conducting a review under paragraph (1), the Secretary of the Interior shall— (A) provide written documentation, with respect to the Tribal regulation that has been violated, to the appropriate interested party and Indian tribe; (B) provide the applicable Indian tribe with a written notice of the alleged violation; and (C) prior to the exercise of any remedy, including rescinding the approval for the applicable Tribal regulation or reassuming responsibility for approving rights-of-way through the trust land of the applicable Indian tribe, provide the applicable Indian tribe with— (i) a hearing that is on the record; and (ii) a reasonable opportunity to cure the alleged violation. (f) Savings clause \nNothing in this section affects the application of any Tribal regulations issued under Federal environmental law. (g) Effect of Tribal regulations \nAn approved Tribal regulation under subsection (b) shall not preclude an Indian tribe from, in the discretion of the Indian tribe, consenting to the grant of a right-of-way by the Secretary of the Interior under the section 1. (h) Terms of right-of-way \nThe compensation for, and terms of, a right-of-way granted under subsection (a) will be determined by— (1) negotiations by the Indian tribe; or (2) the regulations of the Indian tribe. (i) Jurisdiction \nThe grant of a right-of-way under subsection (a) does not waive the sovereign immunity of the Indian tribe or diminish the jurisdiction of that Indian tribe over the Tribal land subject to the right-of-way, unless otherwise provided in— (1) the grant of the right-of-way; or (2) the regulations of the Indian tribe..", "id": "id680c3996-c997-4d53-8642-666619f9e195", "header": "Modification of tribal leases and rights-of-way across Indian land", "nested": [ { "text": "(a) Extension of tribal lease period \nThe first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415 ) (commonly known as the Long-Term Leasing Act ), is amended— (1) by striking That (a) and all that follows through the end of subsection (a) and inserting the following: 1. Leases of Restricted Land \n(a) Authorized purposes; term; approval by Secretary \n(1) In general \nAny restricted Indian lands, regardless of whether that land is tribally or individually owned, may be leased by the Indian owner of the land, with the approval of the Secretary, for— (A) a public, religious, educational, recreational, residential, business, or grazing purposes; or (B) a farming purpose that requires the making of a substantial investment in the improvement of the land for the production of 1 or more specialized crops as determined by the Secretary. (2) Inclusions \nA lease under paragraph (1) may include the development or use of natural resources in connection with operations under that lease. (3) Term \n(A) In general \nExcept as provided in subparagraph (B), a lease under paragraph (1) shall be for a term of not more than 99 years, including any renewals. (B) Exception for grazing purposes \nA lease under paragraph (1) for grazing purposes may be for a term of not more than 10 years, including any renewals. (4) Requirement \nEach lease and renewal under this subsection shall be made in accordance with such terms and regulations as may be prescribed by the Secretary. (5) Conditions for approval \nBefore the approval of any lease or renewal of an existing lease pursuant to this subsection, the Secretary shall determine that adequate consideration has been given to— (A) relationship between the use of the leased lands and the use of neighboring land; (B) the height, quality, and safety of any structures or other facilities to be constructed on the leased land; (C) the availability of police and fire protection and other services on the leased land; (D) the availability of judicial forums for all criminal and civil causes of action arising on the leased land; and (E) the effects on the environment of the uses to which the leased lands will be subject. ; (2) in subsection (b)— (A) by striking (b) Any lease and inserting the following: (b) Exception for Secretary approval \nAny lease ; (B) by striking of the Interior each place it appears; and (C) by striking clause (3) and inserting paragraph ; (3) by redesignating subsections (a), (b), (c), and (d) as subsections (b), (c), (d), and (a), respectively, and moving the subsections so as to appear in alphabetical order; (4) by striking subsection (a) each place it appears and inserting subsection (b) ; and (5) in subsection (h)(1)— (A) in the matter preceding subparagraph (A), by striking and the term of the lease does not exceed— and inserting a period; and (B) by striking subparagraphs (A) and (B).", "id": "id4b2bfcfd-155a-4b84-869c-fc2e83c34f0c", "header": "Extension of tribal lease period", "nested": [], "links": [ { "text": "25 U.S.C. 415", "legal-doc": "usc", "parsable-cite": "usc/25/415" } ] }, { "text": "(b) Technical correction \nSection 2 of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415a ) (commonly known as the Long-Term Leasing Act ), is amended by inserting of the Interior after Secretary each place it appears.", "id": "idc43f4ac5-7a90-4e6c-9eb7-18f47ea1174d", "header": "Technical correction", "nested": [], "links": [ { "text": "25 U.S.C. 415a", "legal-doc": "usc", "parsable-cite": "usc/25/415a" } ] }, { "text": "(c) Modifications of rights-of-way across Indian land \nThe Act of February 5, 1948 (62 Stat. 17, chapter 45), is amended— (1) in the first section (62 Stat. 17, chapter 45; 25 U.S.C. 323 ), by striking That the Secretary of the Interior be, and he is hereby, empowered to and inserting the following: 1. Rights-of-way for all purposes across Indian Land \n(a) Rights-of-Way \nThe Secretary of the Interior may ; (2) in section 2 (62 Stat. 18, chapter 45; 25 U.S.C. 324 ), by striking organized under the Act of June 18, 1934 (48 Stat. 984), as amended; the Act of May 1, 1936 (49 Stat. 1250); or the Act of June 26, 1936 (49 Stat. 1967), ; and (3) by adding at the end the following: 8. Tribal grants of rights-of-way \n(a) Rights-of-way \n(1) In general \nSubject to paragraph (2), an Indian tribe may grant a right-of-way over and across the Tribal land of the Indian tribe for any purpose. (2) Authority \nA right-of-way granted under paragraph (1) shall not require the approval of the Secretary of the Interior or a grant by the Secretary of the Interior under the section 1 if the right-of-way granted under paragraph (1) is executed in accordance with a Tribal regulation approved by the Secretary of the Interior under subsection (b). (b) Review of Tribal regulations \n(1) Tribal regulation submission and approval \n(A) Submission \nAn Indian tribe seeking to grant a right-of-way under subsection (a) shall submit for approval a Tribal regulation governing the granting of rights-of-way over and across the Tribal land of the Indian tribe. (B) Approval \nSubject to paragraph (2), the Secretary of the Interior shall have the authority to approve or disapprove any Tribal regulation submitted under subparagraph (A). (2) Considerations for approval \n(A) In general \nThe Secretary of the Interior shall approve a Tribal regulation submitted under paragraph (1)(A), if the Tribal regulation— (i) is consistent with any regulations (or successor regulations) issued by the Secretary of the Interior under section 4; (ii) provides for an environmental review process that includes— (I) the identification and evaluation of any significant impacts the proposed action may have on the environment; and (II) a process for ensuring— (aa) that the public is informed of, and has a reasonable opportunity to comment on, any significant environmental impacts of the proposed action identified by the Indian tribe under subclause (I); and (bb) the Indian tribe provides a response to each relevant and substantive public comment on the significant environmental impacts identified by the Indian tribe under subclause (I) before the Indian tribe approves the right-of-way. (B) Statutory exemptions \nThe Secretary of the Interior, in making an approval decision under this subsection, shall not be subject to— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (ii) section 306108 of title 54, United States Code; or (iii) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (3) Review process \n(A) In general \nNot later than 180 days after the date on which the Indian tribe submits a Tribal regulation to the Secretary of the Interior under paragraph (1)(A), the Secretary of the Interior shall— (i) review the Tribal regulation; (ii) approve or disapprove the Tribal regulation; and (iii) notify the Indian tribe that submitted the Tribal regulation of the approval or disapproval. (B) Written documentation \nIf the Secretary of the Interior disapproves a Tribal regulation submitted under paragraph (1)(A), the Secretary of the Interior shall include with the disapproval notification under subparagraph (A)(iii) written documentation describing the basis for the disapproval. (C) Extension \nThe Secretary of the Interior may, after consultation with the Indian tribe that submitted a Tribal regulation under paragraph (1)(A), extend the 180-day period described in subparagraph (A). (4) Federal environmental review \nNotwithstanding paragraphs (2) and (3), if an Indian tribe carries out a project or activity funded by a Federal agency, the Indian tribe may rely on the environmental review process of the applicable Federal agency rather than any Tribal environmental review process required under this subsection. (c) Documentation \nAn Indian tribe granting a right-of-way under subsection (a) shall provide to the Secretary of the Interior— (1) a copy of the right-of-way, including any amendments or renewals; and (2) if the right-of-way allows for compensation to be made directly to the Indian tribe, documentation of payments that are sufficient, as determined by the Secretary of the Interior, as to enable the Secretary of the Interior to discharge the trust responsibility of the United States under subsection (d). (d) Trust responsibility \n(1) In general \nThe United States shall not be liable for losses sustained by any party to a right-of-way granted under subsection (a). (2) Authority of the Secretary \n(A) In general \nPursuant to the authority of the Secretary of the Interior to fulfill the trust obligation of the United States to the applicable Indian tribe under Federal law (including regulations), the Secretary of the Interior may, on reasonable notice from the applicable Indian tribe and at the discretion of the Secretary of the Interior, enforce the provisions of, or cancel, any right-of-way granted by the Indian tribe under subsection (a). (B) Authority \nThe enforcement or cancellation of a right-of-way under subparagraph (A) shall be conducted using regulatory procedures issued under section 6. (e) Compliance \n(1) In general \nAn interested party, after exhaustion of any applicable Tribal remedies, may submit a petition to the Secretary of the Interior, at such time and in such form as determined by the Secretary of the Interior, to review the compliance of an applicable Indian tribe with a Tribal regulation approved by the Secretary of the Interior under subsection (b). (2) Violations \nIf the Secretary of the Interior determines that a Tribal regulation was violated after conducting a review under paragraph (1), the Secretary of the Interior may take any action the Secretary of the Interior determines to be necessary to remedy the violation, including rescinding the approval of the Tribal regulation and reassuming responsibility for approving rights-of-way through the trust land of the applicable Indian tribe. (3) Documentation \nIf the Secretary of the Interior determines that a Tribal regulation was violated after conducting a review under paragraph (1), the Secretary of the Interior shall— (A) provide written documentation, with respect to the Tribal regulation that has been violated, to the appropriate interested party and Indian tribe; (B) provide the applicable Indian tribe with a written notice of the alleged violation; and (C) prior to the exercise of any remedy, including rescinding the approval for the applicable Tribal regulation or reassuming responsibility for approving rights-of-way through the trust land of the applicable Indian tribe, provide the applicable Indian tribe with— (i) a hearing that is on the record; and (ii) a reasonable opportunity to cure the alleged violation. (f) Savings clause \nNothing in this section affects the application of any Tribal regulations issued under Federal environmental law. (g) Effect of Tribal regulations \nAn approved Tribal regulation under subsection (b) shall not preclude an Indian tribe from, in the discretion of the Indian tribe, consenting to the grant of a right-of-way by the Secretary of the Interior under the section 1. (h) Terms of right-of-way \nThe compensation for, and terms of, a right-of-way granted under subsection (a) will be determined by— (1) negotiations by the Indian tribe; or (2) the regulations of the Indian tribe. (i) Jurisdiction \nThe grant of a right-of-way under subsection (a) does not waive the sovereign immunity of the Indian tribe or diminish the jurisdiction of that Indian tribe over the Tribal land subject to the right-of-way, unless otherwise provided in— (1) the grant of the right-of-way; or (2) the regulations of the Indian tribe..", "id": "id1b7a4f9a-34e8-4e36-8754-d5066abbf678", "header": "Modifications of rights-of-way across Indian land", "nested": [], "links": [ { "text": "25 U.S.C. 323", "legal-doc": "usc", "parsable-cite": "usc/25/323" }, { "text": "25 U.S.C. 324", "legal-doc": "usc", "parsable-cite": "usc/25/324" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" } ] } ], "links": [ { "text": "25 U.S.C. 415", "legal-doc": "usc", "parsable-cite": "usc/25/415" }, { "text": "25 U.S.C. 415a", "legal-doc": "usc", "parsable-cite": "usc/25/415a" }, { "text": "25 U.S.C. 323", "legal-doc": "usc", "parsable-cite": "usc/25/323" }, { "text": "25 U.S.C. 324", "legal-doc": "usc", "parsable-cite": "usc/25/324" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" } ] }, { "text": "1. Leases of Restricted Land \n(a) Authorized purposes; term; approval by Secretary \n(1) In general \nAny restricted Indian lands, regardless of whether that land is tribally or individually owned, may be leased by the Indian owner of the land, with the approval of the Secretary, for— (A) a public, religious, educational, recreational, residential, business, or grazing purposes; or (B) a farming purpose that requires the making of a substantial investment in the improvement of the land for the production of 1 or more specialized crops as determined by the Secretary. (2) Inclusions \nA lease under paragraph (1) may include the development or use of natural resources in connection with operations under that lease. (3) Term \n(A) In general \nExcept as provided in subparagraph (B), a lease under paragraph (1) shall be for a term of not more than 99 years, including any renewals. (B) Exception for grazing purposes \nA lease under paragraph (1) for grazing purposes may be for a term of not more than 10 years, including any renewals. (4) Requirement \nEach lease and renewal under this subsection shall be made in accordance with such terms and regulations as may be prescribed by the Secretary. (5) Conditions for approval \nBefore the approval of any lease or renewal of an existing lease pursuant to this subsection, the Secretary shall determine that adequate consideration has been given to— (A) relationship between the use of the leased lands and the use of neighboring land; (B) the height, quality, and safety of any structures or other facilities to be constructed on the leased land; (C) the availability of police and fire protection and other services on the leased land; (D) the availability of judicial forums for all criminal and civil causes of action arising on the leased land; and (E) the effects on the environment of the uses to which the leased lands will be subject.", "id": "id69f562b2-cd60-4825-9785-6f9d5c1cf6db", "header": "Leases of Restricted Land", "nested": [ { "text": "(a) Authorized purposes; term; approval by Secretary \n(1) In general \nAny restricted Indian lands, regardless of whether that land is tribally or individually owned, may be leased by the Indian owner of the land, with the approval of the Secretary, for— (A) a public, religious, educational, recreational, residential, business, or grazing purposes; or (B) a farming purpose that requires the making of a substantial investment in the improvement of the land for the production of 1 or more specialized crops as determined by the Secretary. (2) Inclusions \nA lease under paragraph (1) may include the development or use of natural resources in connection with operations under that lease. (3) Term \n(A) In general \nExcept as provided in subparagraph (B), a lease under paragraph (1) shall be for a term of not more than 99 years, including any renewals. (B) Exception for grazing purposes \nA lease under paragraph (1) for grazing purposes may be for a term of not more than 10 years, including any renewals. (4) Requirement \nEach lease and renewal under this subsection shall be made in accordance with such terms and regulations as may be prescribed by the Secretary. (5) Conditions for approval \nBefore the approval of any lease or renewal of an existing lease pursuant to this subsection, the Secretary shall determine that adequate consideration has been given to— (A) relationship between the use of the leased lands and the use of neighboring land; (B) the height, quality, and safety of any structures or other facilities to be constructed on the leased land; (C) the availability of police and fire protection and other services on the leased land; (D) the availability of judicial forums for all criminal and civil causes of action arising on the leased land; and (E) the effects on the environment of the uses to which the leased lands will be subject.", "id": "ida70221ef-be1a-4804-94a3-99d5503cde85", "header": "Authorized purposes; term; approval by Secretary", "nested": [], "links": [] } ], "links": [] }, { "text": "1. Rights-of-way for all purposes across Indian Land \n(a) Rights-of-Way \nThe Secretary of the Interior may", "id": "id0034051a-6c0f-4402-9d9b-a33ab9c723cb", "header": "Rights-of-way for all purposes across Indian Land", "nested": [ { "text": "(a) Rights-of-Way \nThe Secretary of the Interior may", "id": "idbdd55c8e-6d8b-4ce2-8dd4-7e4f48603057", "header": "Rights-of-Way", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Tribal grants of rights-of-way \n(a) Rights-of-way \n(1) In general \nSubject to paragraph (2), an Indian tribe may grant a right-of-way over and across the Tribal land of the Indian tribe for any purpose. (2) Authority \nA right-of-way granted under paragraph (1) shall not require the approval of the Secretary of the Interior or a grant by the Secretary of the Interior under the section 1 if the right-of-way granted under paragraph (1) is executed in accordance with a Tribal regulation approved by the Secretary of the Interior under subsection (b). (b) Review of Tribal regulations \n(1) Tribal regulation submission and approval \n(A) Submission \nAn Indian tribe seeking to grant a right-of-way under subsection (a) shall submit for approval a Tribal regulation governing the granting of rights-of-way over and across the Tribal land of the Indian tribe. (B) Approval \nSubject to paragraph (2), the Secretary of the Interior shall have the authority to approve or disapprove any Tribal regulation submitted under subparagraph (A). (2) Considerations for approval \n(A) In general \nThe Secretary of the Interior shall approve a Tribal regulation submitted under paragraph (1)(A), if the Tribal regulation— (i) is consistent with any regulations (or successor regulations) issued by the Secretary of the Interior under section 4; (ii) provides for an environmental review process that includes— (I) the identification and evaluation of any significant impacts the proposed action may have on the environment; and (II) a process for ensuring— (aa) that the public is informed of, and has a reasonable opportunity to comment on, any significant environmental impacts of the proposed action identified by the Indian tribe under subclause (I); and (bb) the Indian tribe provides a response to each relevant and substantive public comment on the significant environmental impacts identified by the Indian tribe under subclause (I) before the Indian tribe approves the right-of-way. (B) Statutory exemptions \nThe Secretary of the Interior, in making an approval decision under this subsection, shall not be subject to— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (ii) section 306108 of title 54, United States Code; or (iii) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (3) Review process \n(A) In general \nNot later than 180 days after the date on which the Indian tribe submits a Tribal regulation to the Secretary of the Interior under paragraph (1)(A), the Secretary of the Interior shall— (i) review the Tribal regulation; (ii) approve or disapprove the Tribal regulation; and (iii) notify the Indian tribe that submitted the Tribal regulation of the approval or disapproval. (B) Written documentation \nIf the Secretary of the Interior disapproves a Tribal regulation submitted under paragraph (1)(A), the Secretary of the Interior shall include with the disapproval notification under subparagraph (A)(iii) written documentation describing the basis for the disapproval. (C) Extension \nThe Secretary of the Interior may, after consultation with the Indian tribe that submitted a Tribal regulation under paragraph (1)(A), extend the 180-day period described in subparagraph (A). (4) Federal environmental review \nNotwithstanding paragraphs (2) and (3), if an Indian tribe carries out a project or activity funded by a Federal agency, the Indian tribe may rely on the environmental review process of the applicable Federal agency rather than any Tribal environmental review process required under this subsection. (c) Documentation \nAn Indian tribe granting a right-of-way under subsection (a) shall provide to the Secretary of the Interior— (1) a copy of the right-of-way, including any amendments or renewals; and (2) if the right-of-way allows for compensation to be made directly to the Indian tribe, documentation of payments that are sufficient, as determined by the Secretary of the Interior, as to enable the Secretary of the Interior to discharge the trust responsibility of the United States under subsection (d). (d) Trust responsibility \n(1) In general \nThe United States shall not be liable for losses sustained by any party to a right-of-way granted under subsection (a). (2) Authority of the Secretary \n(A) In general \nPursuant to the authority of the Secretary of the Interior to fulfill the trust obligation of the United States to the applicable Indian tribe under Federal law (including regulations), the Secretary of the Interior may, on reasonable notice from the applicable Indian tribe and at the discretion of the Secretary of the Interior, enforce the provisions of, or cancel, any right-of-way granted by the Indian tribe under subsection (a). (B) Authority \nThe enforcement or cancellation of a right-of-way under subparagraph (A) shall be conducted using regulatory procedures issued under section 6. (e) Compliance \n(1) In general \nAn interested party, after exhaustion of any applicable Tribal remedies, may submit a petition to the Secretary of the Interior, at such time and in such form as determined by the Secretary of the Interior, to review the compliance of an applicable Indian tribe with a Tribal regulation approved by the Secretary of the Interior under subsection (b). (2) Violations \nIf the Secretary of the Interior determines that a Tribal regulation was violated after conducting a review under paragraph (1), the Secretary of the Interior may take any action the Secretary of the Interior determines to be necessary to remedy the violation, including rescinding the approval of the Tribal regulation and reassuming responsibility for approving rights-of-way through the trust land of the applicable Indian tribe. (3) Documentation \nIf the Secretary of the Interior determines that a Tribal regulation was violated after conducting a review under paragraph (1), the Secretary of the Interior shall— (A) provide written documentation, with respect to the Tribal regulation that has been violated, to the appropriate interested party and Indian tribe; (B) provide the applicable Indian tribe with a written notice of the alleged violation; and (C) prior to the exercise of any remedy, including rescinding the approval for the applicable Tribal regulation or reassuming responsibility for approving rights-of-way through the trust land of the applicable Indian tribe, provide the applicable Indian tribe with— (i) a hearing that is on the record; and (ii) a reasonable opportunity to cure the alleged violation. (f) Savings clause \nNothing in this section affects the application of any Tribal regulations issued under Federal environmental law. (g) Effect of Tribal regulations \nAn approved Tribal regulation under subsection (b) shall not preclude an Indian tribe from, in the discretion of the Indian tribe, consenting to the grant of a right-of-way by the Secretary of the Interior under the section 1. (h) Terms of right-of-way \nThe compensation for, and terms of, a right-of-way granted under subsection (a) will be determined by— (1) negotiations by the Indian tribe; or (2) the regulations of the Indian tribe. (i) Jurisdiction \nThe grant of a right-of-way under subsection (a) does not waive the sovereign immunity of the Indian tribe or diminish the jurisdiction of that Indian tribe over the Tribal land subject to the right-of-way, unless otherwise provided in— (1) the grant of the right-of-way; or (2) the regulations of the Indian tribe.", "id": "idecc6e516175545a49ab229b0e6650465", "header": "Tribal grants of rights-of-way", "nested": [ { "text": "(a) Rights-of-way \n(1) In general \nSubject to paragraph (2), an Indian tribe may grant a right-of-way over and across the Tribal land of the Indian tribe for any purpose. (2) Authority \nA right-of-way granted under paragraph (1) shall not require the approval of the Secretary of the Interior or a grant by the Secretary of the Interior under the section 1 if the right-of-way granted under paragraph (1) is executed in accordance with a Tribal regulation approved by the Secretary of the Interior under subsection (b).", "id": "idd4ed369a8d19479280d6608566d52025", "header": "Rights-of-way", "nested": [], "links": [] }, { "text": "(b) Review of Tribal regulations \n(1) Tribal regulation submission and approval \n(A) Submission \nAn Indian tribe seeking to grant a right-of-way under subsection (a) shall submit for approval a Tribal regulation governing the granting of rights-of-way over and across the Tribal land of the Indian tribe. (B) Approval \nSubject to paragraph (2), the Secretary of the Interior shall have the authority to approve or disapprove any Tribal regulation submitted under subparagraph (A). (2) Considerations for approval \n(A) In general \nThe Secretary of the Interior shall approve a Tribal regulation submitted under paragraph (1)(A), if the Tribal regulation— (i) is consistent with any regulations (or successor regulations) issued by the Secretary of the Interior under section 4; (ii) provides for an environmental review process that includes— (I) the identification and evaluation of any significant impacts the proposed action may have on the environment; and (II) a process for ensuring— (aa) that the public is informed of, and has a reasonable opportunity to comment on, any significant environmental impacts of the proposed action identified by the Indian tribe under subclause (I); and (bb) the Indian tribe provides a response to each relevant and substantive public comment on the significant environmental impacts identified by the Indian tribe under subclause (I) before the Indian tribe approves the right-of-way. (B) Statutory exemptions \nThe Secretary of the Interior, in making an approval decision under this subsection, shall not be subject to— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (ii) section 306108 of title 54, United States Code; or (iii) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (3) Review process \n(A) In general \nNot later than 180 days after the date on which the Indian tribe submits a Tribal regulation to the Secretary of the Interior under paragraph (1)(A), the Secretary of the Interior shall— (i) review the Tribal regulation; (ii) approve or disapprove the Tribal regulation; and (iii) notify the Indian tribe that submitted the Tribal regulation of the approval or disapproval. (B) Written documentation \nIf the Secretary of the Interior disapproves a Tribal regulation submitted under paragraph (1)(A), the Secretary of the Interior shall include with the disapproval notification under subparagraph (A)(iii) written documentation describing the basis for the disapproval. (C) Extension \nThe Secretary of the Interior may, after consultation with the Indian tribe that submitted a Tribal regulation under paragraph (1)(A), extend the 180-day period described in subparagraph (A). (4) Federal environmental review \nNotwithstanding paragraphs (2) and (3), if an Indian tribe carries out a project or activity funded by a Federal agency, the Indian tribe may rely on the environmental review process of the applicable Federal agency rather than any Tribal environmental review process required under this subsection.", "id": "id545a2289f3b640498e7f016ced6e3683", "header": "Review of Tribal regulations", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" } ] }, { "text": "(c) Documentation \nAn Indian tribe granting a right-of-way under subsection (a) shall provide to the Secretary of the Interior— (1) a copy of the right-of-way, including any amendments or renewals; and (2) if the right-of-way allows for compensation to be made directly to the Indian tribe, documentation of payments that are sufficient, as determined by the Secretary of the Interior, as to enable the Secretary of the Interior to discharge the trust responsibility of the United States under subsection (d).", "id": "idfac3ac6fce234ba38bf37951913e9814", "header": "Documentation", "nested": [], "links": [] }, { "text": "(d) Trust responsibility \n(1) In general \nThe United States shall not be liable for losses sustained by any party to a right-of-way granted under subsection (a). (2) Authority of the Secretary \n(A) In general \nPursuant to the authority of the Secretary of the Interior to fulfill the trust obligation of the United States to the applicable Indian tribe under Federal law (including regulations), the Secretary of the Interior may, on reasonable notice from the applicable Indian tribe and at the discretion of the Secretary of the Interior, enforce the provisions of, or cancel, any right-of-way granted by the Indian tribe under subsection (a). (B) Authority \nThe enforcement or cancellation of a right-of-way under subparagraph (A) shall be conducted using regulatory procedures issued under section 6.", "id": "idf9d25e2814ba4553ac877c99deece801", "header": "Trust responsibility", "nested": [], "links": [] }, { "text": "(e) Compliance \n(1) In general \nAn interested party, after exhaustion of any applicable Tribal remedies, may submit a petition to the Secretary of the Interior, at such time and in such form as determined by the Secretary of the Interior, to review the compliance of an applicable Indian tribe with a Tribal regulation approved by the Secretary of the Interior under subsection (b). (2) Violations \nIf the Secretary of the Interior determines that a Tribal regulation was violated after conducting a review under paragraph (1), the Secretary of the Interior may take any action the Secretary of the Interior determines to be necessary to remedy the violation, including rescinding the approval of the Tribal regulation and reassuming responsibility for approving rights-of-way through the trust land of the applicable Indian tribe. (3) Documentation \nIf the Secretary of the Interior determines that a Tribal regulation was violated after conducting a review under paragraph (1), the Secretary of the Interior shall— (A) provide written documentation, with respect to the Tribal regulation that has been violated, to the appropriate interested party and Indian tribe; (B) provide the applicable Indian tribe with a written notice of the alleged violation; and (C) prior to the exercise of any remedy, including rescinding the approval for the applicable Tribal regulation or reassuming responsibility for approving rights-of-way through the trust land of the applicable Indian tribe, provide the applicable Indian tribe with— (i) a hearing that is on the record; and (ii) a reasonable opportunity to cure the alleged violation.", "id": "idfd3f88217c764dc39f943265e986d7f6", "header": "Compliance", "nested": [], "links": [] }, { "text": "(f) Savings clause \nNothing in this section affects the application of any Tribal regulations issued under Federal environmental law.", "id": "ide868369928644240a4159e492dd98046", "header": "Savings clause", "nested": [], "links": [] }, { "text": "(g) Effect of Tribal regulations \nAn approved Tribal regulation under subsection (b) shall not preclude an Indian tribe from, in the discretion of the Indian tribe, consenting to the grant of a right-of-way by the Secretary of the Interior under the section 1.", "id": "idd7b668a02d7246b7983517d60044bc02", "header": "Effect of Tribal regulations", "nested": [], "links": [] }, { "text": "(h) Terms of right-of-way \nThe compensation for, and terms of, a right-of-way granted under subsection (a) will be determined by— (1) negotiations by the Indian tribe; or (2) the regulations of the Indian tribe.", "id": "id17f65539080c4bf7ad1b8f1744d7be80", "header": "Terms of right-of-way", "nested": [], "links": [] }, { "text": "(i) Jurisdiction \nThe grant of a right-of-way under subsection (a) does not waive the sovereign immunity of the Indian tribe or diminish the jurisdiction of that Indian tribe over the Tribal land subject to the right-of-way, unless otherwise provided in— (1) the grant of the right-of-way; or (2) the regulations of the Indian tribe.", "id": "id4cbfa1abd653444aba454b1b6c9973dd", "header": "Jurisdiction", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" } ] } ]

[ "Economic development", "Federal-Indian relations", "Indian lands and resources rights" ]

[ { "text": "1. Short title \nThis Act may be cited as the Re-Entry Support Through Opportunities for Resources and Essentials Act of 2023 or the RESTORE Act of 2023.", "id": "id676d8a7e4d214590bad526f735eb8d8d", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Assistance and benefits for certain drug-related convictions \n(a) In general \nSection 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking for— and all that follows through the period at the end of paragraph (2) and inserting for assistance under any State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). ; (2) in subsection (b)— (A) by striking paragraph (2); (B) by striking the subsection designation and heading and all that follows through The amount of in paragraph (1) and inserting the following: (b) Program of temporary assistance for needy families \nThe amount of ; and (C) by inserting ( 42 U.S.C. 601 et seq. ) after Social Security Act ; and (3) by striking subsection (e) and inserting the following: (e) Definition of State \nIn this section, the term State has the meaning given the term in section 419 of the Social Security Act ( 42 U.S.C. 619 ), when referring to assistance provided under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ).. (b) Effect on State policies \nAny State law, policy, or regulation that imposes conditions on eligibility for the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) based on an individual having a conviction for an offense related to a controlled substance shall have no force or effect. (c) Modification of definition of household under SNAP \nSection 3(m)(5) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(m)(5) ) is amended by adding at the end the following: (F) Incarcerated individuals who are scheduled to be released from an institution within 30 days..", "id": "S1", "header": "Assistance and benefits for certain drug-related convictions", "nested": [ { "text": "(a) In general \nSection 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking for— and all that follows through the period at the end of paragraph (2) and inserting for assistance under any State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). ; (2) in subsection (b)— (A) by striking paragraph (2); (B) by striking the subsection designation and heading and all that follows through The amount of in paragraph (1) and inserting the following: (b) Program of temporary assistance for needy families \nThe amount of ; and (C) by inserting ( 42 U.S.C. 601 et seq. ) after Social Security Act ; and (3) by striking subsection (e) and inserting the following: (e) Definition of State \nIn this section, the term State has the meaning given the term in section 419 of the Social Security Act ( 42 U.S.C. 619 ), when referring to assistance provided under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. )..", "id": "id09146607bd1d41589821fa738d4e20cb", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 862a", "legal-doc": "usc", "parsable-cite": "usc/21/862a" }, { "text": "42 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/601" }, { "text": "42 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/601" }, { "text": "42 U.S.C. 619", "legal-doc": "usc", "parsable-cite": "usc/42/619" }, { "text": "42 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/601" } ] }, { "text": "(b) Effect on State policies \nAny State law, policy, or regulation that imposes conditions on eligibility for the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) based on an individual having a conviction for an offense related to a controlled substance shall have no force or effect.", "id": "idf8159641f41b46b69016686ff08327e6", "header": "Effect on State policies", "nested": [], "links": [ { "text": "7 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2011" } ] }, { "text": "(c) Modification of definition of household under SNAP \nSection 3(m)(5) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(m)(5) ) is amended by adding at the end the following: (F) Incarcerated individuals who are scheduled to be released from an institution within 30 days..", "id": "id010b7d7410c8400da7e579b05a0b93d6", "header": "Modification of definition of household under SNAP", "nested": [], "links": [ { "text": "7 U.S.C. 2012(m)(5)", "legal-doc": "usc", "parsable-cite": "usc/7/2012" } ] } ], "links": [ { "text": "21 U.S.C. 862a", "legal-doc": "usc", "parsable-cite": "usc/21/862a" }, { "text": "42 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/601" }, { "text": "42 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/601" }, { "text": "42 U.S.C. 619", "legal-doc": "usc", "parsable-cite": "usc/42/619" }, { "text": "42 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/601" }, { "text": "7 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2011" }, { "text": "7 U.S.C. 2012(m)(5)", "legal-doc": "usc", "parsable-cite": "usc/7/2012" } ] } ]

[ "Drug trafficking and controlled substances", "Family services", "Food assistance and relief", "Poverty and welfare assistance" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2023 or the CONNECT for Health Act of 2023. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and sense of Congress. TITLE I—Removing barriers to telehealth coverage Sec. 101. Removing geographic requirements for telehealth services. Sec. 102. Expanding originating sites. Sec. 103. Expanding authority for practitioners eligible to furnish telehealth services. Sec. 104. Improvements to the process for adding telehealth services. Sec. 105. Federally qualified health centers and rural health clinics. Sec. 106. Native American health facilities. Sec. 107. Repeal of six-month in-person visit requirement for telemental health services. Sec. 108. Waiver of telehealth requirements during public health emergencies. Sec. 109. Use of telehealth in recertification for hospice care. TITLE II—Program integrity Sec. 201. Clarification for fraud and abuse laws regarding technologies provided to beneficiaries. Sec. 202. Additional resources for telehealth oversight. Sec. 203. Addressing significant outlier billing patterns for telehealth services. TITLE III—Beneficiary and provider supports, quality of care, and data Sec. 301. Beneficiary engagement on telehealth. Sec. 302. Provider supports on telehealth. Sec. 303. Ensuring the inclusion of telehealth in measuring quality of care. Sec. 304. Posting of information on telehealth services.", "id": "S1", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2023 or the CONNECT for Health Act of 2023.", "id": "id66B1AE54FFE448198820857A7A0F778B", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and sense of Congress. TITLE I—Removing barriers to telehealth coverage Sec. 101. Removing geographic requirements for telehealth services. Sec. 102. Expanding originating sites. Sec. 103. Expanding authority for practitioners eligible to furnish telehealth services. Sec. 104. Improvements to the process for adding telehealth services. Sec. 105. Federally qualified health centers and rural health clinics. Sec. 106. Native American health facilities. Sec. 107. Repeal of six-month in-person visit requirement for telemental health services. Sec. 108. Waiver of telehealth requirements during public health emergencies. Sec. 109. Use of telehealth in recertification for hospice care. TITLE II—Program integrity Sec. 201. Clarification for fraud and abuse laws regarding technologies provided to beneficiaries. Sec. 202. Additional resources for telehealth oversight. Sec. 203. Addressing significant outlier billing patterns for telehealth services. TITLE III—Beneficiary and provider supports, quality of care, and data Sec. 301. Beneficiary engagement on telehealth. Sec. 302. Provider supports on telehealth. Sec. 303. Ensuring the inclusion of telehealth in measuring quality of care. Sec. 304. Posting of information on telehealth services.", "id": "idD33B941FA5B44116B2CC2B7C9591F4E1", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Findings and sense of Congress \n(a) Findings \nCongress finds the following: (1) The use of technology in health care and coverage of telehealth services are rapidly evolving. (2) Research has found that telehealth services can expand access to care, improve the quality of care, and reduce spending. (3) In 2021, 91 percent of patients receiving telehealth services were satisfied with their experiences. (4) Health care workforce shortages are a significant problem in many areas and for many types of health care clinicians. (5) Telehealth increases access to care in areas with workforce shortages and for individuals who live far away from health care facilities, have limited mobility or transportation, or have other barriers to accessing care. (6) The use of health technologies can strengthen the expertise of the health care workforce, including by connecting clinicians to specialty consultations. (7) Prior to the COVID–19 pandemic, the utilization of telehealth services in the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) was low, accounting for 0.1 percent of Medicare Part B visits in 2019. (8) Telehealth now represents a critical component of care delivery. As of February 2023, 15 percent of Medicare fee-for-service beneficiaries have had a telehealth service in the past quarter. (9) Long-term certainty about coverage of telehealth services under the Medicare program is necessary to fully realize the benefits of telehealth. (b) Sense of Congress \nIt is the sense of Congress that— (1) health care providers can furnish safe, effective, and high-quality health care services through telehealth; (2) the Secretary of Health and Human Services should promptly take all necessary measures to ensure that providers and beneficiaries can continue to furnish and utilize, respectively, telehealth services in the Medicare program, including modifying, as appropriate, the definition of interactive telecommunications system in regulations and program instruction under the Medicare program to ensure that providers can utilize all appropriate means and types of technology, including audio-visual, audio-only, and other types of technologies, to furnish telehealth services; and (3) barriers to the use of telehealth should be removed.", "id": "idfb83c014886c49258db2b165d7a6601d", "header": "Findings and sense of Congress", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) The use of technology in health care and coverage of telehealth services are rapidly evolving. (2) Research has found that telehealth services can expand access to care, improve the quality of care, and reduce spending. (3) In 2021, 91 percent of patients receiving telehealth services were satisfied with their experiences. (4) Health care workforce shortages are a significant problem in many areas and for many types of health care clinicians. (5) Telehealth increases access to care in areas with workforce shortages and for individuals who live far away from health care facilities, have limited mobility or transportation, or have other barriers to accessing care. (6) The use of health technologies can strengthen the expertise of the health care workforce, including by connecting clinicians to specialty consultations. (7) Prior to the COVID–19 pandemic, the utilization of telehealth services in the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) was low, accounting for 0.1 percent of Medicare Part B visits in 2019. (8) Telehealth now represents a critical component of care delivery. As of February 2023, 15 percent of Medicare fee-for-service beneficiaries have had a telehealth service in the past quarter. (9) Long-term certainty about coverage of telehealth services under the Medicare program is necessary to fully realize the benefits of telehealth.", "id": "id71b93e4982374f4498099218cd897b88", "header": "Findings", "nested": [], "links": [ { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" } ] }, { "text": "(b) Sense of Congress \nIt is the sense of Congress that— (1) health care providers can furnish safe, effective, and high-quality health care services through telehealth; (2) the Secretary of Health and Human Services should promptly take all necessary measures to ensure that providers and beneficiaries can continue to furnish and utilize, respectively, telehealth services in the Medicare program, including modifying, as appropriate, the definition of interactive telecommunications system in regulations and program instruction under the Medicare program to ensure that providers can utilize all appropriate means and types of technology, including audio-visual, audio-only, and other types of technologies, to furnish telehealth services; and (3) barriers to the use of telehealth should be removed.", "id": "idc6883674c1f1447fa1035cd0601f2da2", "header": "Sense of Congress", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" } ] }, { "text": "101. Removing geographic requirements for telehealth services \nSection 1834(m)(4)(C) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C) ) is amended— (1) in clause (i), in the matter preceding subclause (I), by striking clause (iii) and inserting clauses (iii) and (iv) ; and (2) by adding at the end the following new clause: (iv) Removal of geographic requirements \nThe geographic requirements described in clause (i) shall not apply with respect to telehealth services furnished on or after January 1, 2025..", "id": "id7cca2b29bf0c4227a498f5bc79404e94", "header": "Removing geographic requirements for telehealth services", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(4)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "102. Expanding originating sites \n(a) Expanding the home as an originating site \nSection 1834(m)(4)(C)(ii)(X) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C)(ii)(X) ) is amended to read as follows: (X) (aa) Prior to January 1, 2025, the home of an individual but only for purposes of section 1881(b)(3)(B) or telehealth services described in paragraph (7). (bb) On or after January 1, 2025, the home of an individual. For purposes of the preceding sentence, the home of an individual includes temporary lodging and, in the case where, for privacy or other personal reasons, an individual chooses to travel a short distance from the home for the furnishing of a telehealth service, includes such location, as described in the final rule entitled Medicare Program; CY 2022 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Provider Enrollment Regulation Updates; and Provider and Supplier Prepayment and Post-Payment Medical Review Requirements published in the Federal Register on November 19, 2021 (86 Fed. Reg. 64996), or a successor regulation.. (b) Allowing additional originating sites \nSection 1834(m)(4)(C)(ii) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C)(ii) ) is amended by adding at the end the following new subclause: (XII) Any other clinically appropriate site at which an eligible telehealth individual is located at the time a telehealth service is furnished via a telecommunications system. Not later than January 1, 2025, the Secretary shall issue regulations that establish parameters for the determination of whether a site is clinically appropriate for purposes of the preceding sentence.. (c) Parameters for new originating sites \nSection 1834(m)(4)(C) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C) ), as amended by section 101, is amended by adding at the end the following new clause: (v) Requirements for new sites \n(I) In general \nThe Secretary may establish requirements for the furnishing of telehealth services at sites described in clause (ii)(XII) to provide for beneficiary and program integrity protections. (II) Rule of construction \nNothing in this clause shall be construed to preclude the Secretary from establishing requirements for other originating sites described in clause (ii). (d) No originating site facility fee for new sites \nSection 1834(m)(2)(B)(ii) of the Social Security Act ( 42 U.S.C. 1395m(m)(2)(B)(ii) ) is amended— (1) in the heading, by striking if originating site is the home and inserting for certain sites ; and (2) by striking paragraph (4)(C)(ii)(X) and inserting subclause (X) or (XII) of paragraph (4)(C)(ii).", "id": "id8083c917600f472db0b5817271167883", "header": "Expanding originating sites", "nested": [ { "text": "(a) Expanding the home as an originating site \nSection 1834(m)(4)(C)(ii)(X) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C)(ii)(X) ) is amended to read as follows: (X) (aa) Prior to January 1, 2025, the home of an individual but only for purposes of section 1881(b)(3)(B) or telehealth services described in paragraph (7). (bb) On or after January 1, 2025, the home of an individual. For purposes of the preceding sentence, the home of an individual includes temporary lodging and, in the case where, for privacy or other personal reasons, an individual chooses to travel a short distance from the home for the furnishing of a telehealth service, includes such location, as described in the final rule entitled Medicare Program; CY 2022 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Provider Enrollment Regulation Updates; and Provider and Supplier Prepayment and Post-Payment Medical Review Requirements published in the Federal Register on November 19, 2021 (86 Fed. Reg. 64996), or a successor regulation..", "id": "id761f6016423d47ccbc410bbdca3c3a5a", "header": "Expanding the home as an originating site", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(4)(C)(ii)(X)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(b) Allowing additional originating sites \nSection 1834(m)(4)(C)(ii) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C)(ii) ) is amended by adding at the end the following new subclause: (XII) Any other clinically appropriate site at which an eligible telehealth individual is located at the time a telehealth service is furnished via a telecommunications system. Not later than January 1, 2025, the Secretary shall issue regulations that establish parameters for the determination of whether a site is clinically appropriate for purposes of the preceding sentence..", "id": "id4046b73a2c8a4915842586586eb8f2cc", "header": "Allowing additional originating sites", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(4)(C)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(c) Parameters for new originating sites \nSection 1834(m)(4)(C) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C) ), as amended by section 101, is amended by adding at the end the following new clause: (v) Requirements for new sites \n(I) In general \nThe Secretary may establish requirements for the furnishing of telehealth services at sites described in clause (ii)(XII) to provide for beneficiary and program integrity protections. (II) Rule of construction \nNothing in this clause shall be construed to preclude the Secretary from establishing requirements for other originating sites described in clause (ii).", "id": "idda330e1c74de4a79bdecf06caf1fd0fe", "header": "Parameters for new originating sites", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(4)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(d) No originating site facility fee for new sites \nSection 1834(m)(2)(B)(ii) of the Social Security Act ( 42 U.S.C. 1395m(m)(2)(B)(ii) ) is amended— (1) in the heading, by striking if originating site is the home and inserting for certain sites ; and (2) by striking paragraph (4)(C)(ii)(X) and inserting subclause (X) or (XII) of paragraph (4)(C)(ii).", "id": "id33a9f8c7e3374cea8799e29111bde00b", "header": "No originating site facility fee for new sites", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(2)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] } ], "links": [ { "text": "42 U.S.C. 1395m(m)(4)(C)(ii)(X)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(m)(4)(C)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(m)(4)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(m)(2)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "103. Expanding authority for practitioners eligible to furnish telehealth services \nSection 1834(m)(4)(E) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(E) ) is amended— (1) by striking Practitioner.—The term and inserting “ Practitioner.— (i) In general \nSubject to clause (ii), the term ; and (2) by adding at the end the following new clause: (ii) Expanding practitioners eligible to furnish telehealth services \n(I) In general \nNotwithstanding any other provision of this subsection, in the case of telehealth services furnished on or after January 1, 2024, the Secretary may waive any limitation on the types of practitioners who are eligible to furnish telehealth services (other than the requirement that the practitioner is enrolled under section 1866(j)) if the Secretary determines that such waiver is clinically appropriate. (II) Implementation \nIn implementing a waiver under this clause, the Secretary may establish parameters, as appropriate, for telehealth services under such waiver, including with respect to beneficiary and program integrity protections. (III) Public comment \nThe Secretary shall establish a process by which stakeholders may (on at least an annual basis) provide public comment on such waiver under this clause. (IV) Periodic review \nThe Secretary shall periodically, but not more frequently than every 3 years, reassess the waiver under this clause to determine whether such waiver continues to be clinically appropriate. The Secretary shall terminate any waiver that the Secretary determines is no longer clinically appropriate..", "id": "id3dc74198e8644461a9fc29a5dae5fa66", "header": "Expanding authority for practitioners eligible to furnish telehealth services", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(4)(E)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "104. Improvements to the process for adding telehealth services \n(a) Review \nThe Secretary shall undertake a review of the process established pursuant to section 1834(m)(4)(F)(ii) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(F)(ii) ), and based on the results of such review— (1) implement revisions to the process so that the criteria to add services prioritizes, as appropriate, improved access to care through clinically appropriate telehealth services; and (2) provide clarification on what requests to add telehealth services under such process should include. (b) Temporary coverage of certain telehealth services \nSection 1834(m)(4)(F) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(F) ) is amended by adding at the end the following new clause: (iii) Temporary coverage of certain telehealth services \nThe Secretary may add services with a reasonable potential likelihood of clinical benefit and improved access to care when furnished via a telecommunications system (as determined by the Secretary) on a temporary basis to those specified in clause (i) for authorized payment under paragraph (1)..", "id": "id324bd64b552249818f65d10fe31adf0a", "header": "Improvements to the process for adding telehealth services", "nested": [ { "text": "(a) Review \nThe Secretary shall undertake a review of the process established pursuant to section 1834(m)(4)(F)(ii) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(F)(ii) ), and based on the results of such review— (1) implement revisions to the process so that the criteria to add services prioritizes, as appropriate, improved access to care through clinically appropriate telehealth services; and (2) provide clarification on what requests to add telehealth services under such process should include.", "id": "idA15B27D54C47441CACDBDEDD505C236A", "header": "Review", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(4)(F)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(b) Temporary coverage of certain telehealth services \nSection 1834(m)(4)(F) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(F) ) is amended by adding at the end the following new clause: (iii) Temporary coverage of certain telehealth services \nThe Secretary may add services with a reasonable potential likelihood of clinical benefit and improved access to care when furnished via a telecommunications system (as determined by the Secretary) on a temporary basis to those specified in clause (i) for authorized payment under paragraph (1)..", "id": "id4409D22BD8414FA3911AF5E33EC0F7BC", "header": "Temporary coverage of certain telehealth services", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(4)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] } ], "links": [ { "text": "42 U.S.C. 1395m(m)(4)(F)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(m)(4)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "105. Federally qualified health centers and rural health clinics \nSection 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (1) in paragraph (4)(C)(i), in the matter preceding subclause (I), by striking and (7) and inserting (7), and (8) ; and (2) in paragraph (8)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking During and all that follows through December 31, 2024— and inserting the following: During and after the emergency period described in section 1135(g)(1)(B)— ; (ii) in clause (ii), by striking and at the end; (iii) by redesignating clause (iii) as clause (iv); and (iv) by inserting after clause (ii) the following new clause: (iii) the geographic requirements described in paragraph (4)(C)(i) shall not apply with respect to such a telehealth service; and ; and (B) by striking subparagraph (B) and inserting the following: (B) Payment \n(i) In general \nA telehealth service furnished by a Federally qualified health center or a rural health clinic to an individual pursuant to this paragraph on or after the date of the enactment of this subparagraph shall be deemed to be so furnished to such individual as an outpatient of such clinic or facility (as applicable) for purposes of paragraph (1) or (3), respectively, of section 1861(aa) and payable as a Federally qualified health center service or rural health clinic service (as applicable) under the prospective payment system established under section 1834(o) or under section 1833(a)(3), respectively. (ii) Treatment of costs for FQHC PPS calculations and RHC AIR calculations \nCosts associated with the delivery of telehealth services by a Federally qualified health center or rural health clinic serving as a distant site pursuant to this paragraph shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and any payment methodologies developed under section 1833(a)(3), as applicable..", "id": "id6F2AE7BF587045A6B776D00D3919CF9E", "header": "Federally qualified health centers and rural health clinics", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "106. Native American health facilities \n(a) In general \nSection 1834(m)(4)(C) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C) ), as amended by sections 101 and 102, is amended— (1) in clause (i), by striking and (iv) and inserting , (iv), and (vi) ; and (2) by adding at the end the following new clause: (vi) Native American health facilities \nWith respect to telehealth services furnished on or after January 1, 2024, the originating site requirements described in clauses (i) and (ii) shall not apply with respect to a facility of the Indian Health Service, whether operated by such Service, or by an Indian tribe (as that term is defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) or a tribal organization (as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )), or a facility of the Native Hawaiian health care systems authorized under the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11701 et seq. ).. (b) No originating site facility fee for Certain Native American facilities \nSection 1834(m)(2)(B)(i) of the Social Security Act ( 42 U.S.C. 1395m(m)(2)(B)(i) ) is amended, in the matter preceding subclause (I), by inserting (other than an originating site that is only described in clause (v) of paragraph (4)(C), and does not meet the requirement for an originating site under clauses (i) and (ii) of such paragraph) after the originating site.", "id": "id2b565311c1eb4f4390c931e451046ccd", "header": "Native American health facilities", "nested": [ { "text": "(a) In general \nSection 1834(m)(4)(C) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C) ), as amended by sections 101 and 102, is amended— (1) in clause (i), by striking and (iv) and inserting , (iv), and (vi) ; and (2) by adding at the end the following new clause: (vi) Native American health facilities \nWith respect to telehealth services furnished on or after January 1, 2024, the originating site requirements described in clauses (i) and (ii) shall not apply with respect to a facility of the Indian Health Service, whether operated by such Service, or by an Indian tribe (as that term is defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) or a tribal organization (as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )), or a facility of the Native Hawaiian health care systems authorized under the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11701 et seq. )..", "id": "id86169b4d9f4048c2a8bfbf7144e3d620", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(4)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "25 U.S.C. 1603", "legal-doc": "usc", "parsable-cite": "usc/25/1603" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "42 U.S.C. 11701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/11701" } ] }, { "text": "(b) No originating site facility fee for Certain Native American facilities \nSection 1834(m)(2)(B)(i) of the Social Security Act ( 42 U.S.C. 1395m(m)(2)(B)(i) ) is amended, in the matter preceding subclause (I), by inserting (other than an originating site that is only described in clause (v) of paragraph (4)(C), and does not meet the requirement for an originating site under clauses (i) and (ii) of such paragraph) after the originating site.", "id": "id86b6c3722dab4e848edf4f57a4077448", "header": "No originating site facility fee for Certain Native American facilities", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(2)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] } ], "links": [ { "text": "42 U.S.C. 1395m(m)(4)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "25 U.S.C. 1603", "legal-doc": "usc", "parsable-cite": "usc/25/1603" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "42 U.S.C. 11701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/11701" }, { "text": "42 U.S.C. 1395m(m)(2)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "107. Repeal of six-month in-person visit requirement for telemental health services \nSection 1834(m)(7) of the Social Security Act ( 42 U.S.C. 1395m(m)(7)(B) ) is amended— (1) in subparagraph (A), by striking , subject to subparagraph (B), ; (2) by striking (A) In general.—The geographic and inserting The geographic ; and (3) by striking subparagraph (B).", "id": "idc1e1a6626152439196896ced18a66186", "header": "Repeal of six-month in-person visit requirement for telemental health services", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(7)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "108. Waiver of telehealth requirements during public health emergencies \nSection 1135(g)(1) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1) ) is amended— (1) in subparagraph (A), in the matter preceding clause (i), by striking subparagraph (B) and inserting subparagraphs (B) and (C) ; and (2) by adding at the end the following new subparagraph: (C) Exception for waiver of telehealth requirements during public health emergencies \nFor purposes of subsection (b)(8), in addition to the emergency period described in subparagraph (B), an emergency area is a geographical area in which, and an emergency period is the period during which, there exists a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act..", "id": "idcbb5ccefc583404baa5e0e6277ab728b", "header": "Waiver of telehealth requirements during public health emergencies", "nested": [], "links": [ { "text": "42 U.S.C. 1320b–5(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1320b-5" } ] }, { "text": "109. Use of telehealth in recertification for hospice care \n(a) In general \nSection 1814(a)(7)(D)(i)(II) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(D)(i)(II) ) is amended by striking during the emergency period and all that follows through ending on December 31, 2024 and inserting the following: during and after the emergency period described in section 1135(g)(1)(B). (b) National Academy of Medicine report \nThe Secretary of Health and Human Services shall request the National Academy of Medicine to submit a report to Congress, not later than 3 years after the date of enactment of this Act, evaluating the impact of section 1814(a)(7)(D)(i)(II) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(D)(i)(II) ), as amended by subsection (a), on— (1) the number and percentage of beneficiaries recertified for the Medicare hospice benefit at 180 days and for subsequent benefit periods; (2) the appropriateness for hospice care of the patients recertified through the use of telehealth; and (3) any other factors determined appropriate by the National Academy of Medicine.", "id": "id72517ab564024cd9a4ecc77a6d55c5c0", "header": "Use of telehealth in recertification for hospice care", "nested": [ { "text": "(a) In general \nSection 1814(a)(7)(D)(i)(II) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(D)(i)(II) ) is amended by striking during the emergency period and all that follows through ending on December 31, 2024 and inserting the following: during and after the emergency period described in section 1135(g)(1)(B).", "id": "id8cb8578fbd4b4960b67f11b74fe2c938", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395f(a)(7)(D)(i)(II)", "legal-doc": "usc", "parsable-cite": "usc/42/1395f" } ] }, { "text": "(b) National Academy of Medicine report \nThe Secretary of Health and Human Services shall request the National Academy of Medicine to submit a report to Congress, not later than 3 years after the date of enactment of this Act, evaluating the impact of section 1814(a)(7)(D)(i)(II) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(D)(i)(II) ), as amended by subsection (a), on— (1) the number and percentage of beneficiaries recertified for the Medicare hospice benefit at 180 days and for subsequent benefit periods; (2) the appropriateness for hospice care of the patients recertified through the use of telehealth; and (3) any other factors determined appropriate by the National Academy of Medicine.", "id": "idee64dd9ad2604387817e1735fa55f8f0", "header": "National Academy of Medicine report", "nested": [], "links": [ { "text": "42 U.S.C. 1395f(a)(7)(D)(i)(II)", "legal-doc": "usc", "parsable-cite": "usc/42/1395f" } ] } ], "links": [ { "text": "42 U.S.C. 1395f(a)(7)(D)(i)(II)", "legal-doc": "usc", "parsable-cite": "usc/42/1395f" }, { "text": "42 U.S.C. 1395f(a)(7)(D)(i)(II)", "legal-doc": "usc", "parsable-cite": "usc/42/1395f" } ] }, { "text": "201. Clarification for fraud and abuse laws regarding technologies provided to beneficiaries \nSection 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a–7a(i)(6)) is amended— (1) in subparagraph (I), by striking ; or and inserting a semicolon; (2) in subparagraph (J), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (K) the provision of technologies (as defined by the Secretary) on or after the date of the enactment of this subparagraph, by a provider of services or supplier (as such terms are defined for purposes of title XVIII) directly to an individual who is entitled to benefits under part A of title XVIII, enrolled under part B of such title, or both, for the purpose of furnishing telehealth services, remote patient monitoring services, or other services furnished through the use of technology (as defined by the Secretary), if— (i) the technologies are not offered as part of any advertisement or solicitation; and (ii) the provision of the technologies meets any other requirements set forth in regulations promulgated by the Secretary..", "id": "id1bd890f33b3a48a1b191fdaa9cd0e8cd", "header": "Clarification for fraud and abuse laws regarding technologies provided to beneficiaries", "nested": [], "links": [] }, { "text": "202. Additional resources for telehealth oversight \nIn addition to amounts otherwise available, there are authorized to be appropriated to the Inspector General of the Department of Health and Human Services for each of fiscal years 2024 through 2028, out of any money in the Treasury not otherwise appropriated, $3,000,000, to remain available until expended, for purposes of conducting audits, investigations, and other oversight and enforcement activities with respect to telehealth services, remote patient monitoring services, or other services furnished through the use of technology (as defined by the Secretary).", "id": "idd4b7ad23e37344168438105eb5e0c6e9", "header": "Additional resources for telehealth oversight", "nested": [], "links": [] }, { "text": "203. Addressing significant outlier billing patterns for telehealth services \n(a) Identification and notification of outlier billers of telehealth \n(1) In general \nThe Secretary shall, using national provider identifiers on claims for telehealth services furnished to individuals under section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ), identify physicians and practitioners that demonstrate significant outlier billing patterns (such as coding of telehealth services for inappropriate length of time and inaccurate complexity and inappropriate or duplicate billing) for telehealth services or items or services ordered or prescribed concurrent to a telehealth service over a period of time specified by the Secretary. (2) Establishment of thresholds \nFor purposes of this subsection, the Secretary shall establish thresholds for outlier billing patterns to identify whether a physician or practitioner is a significant outlier biller for telehealth services or items or services ordered or prescribed concurrent to a telehealth service as compared to other physicians or practitioners within the same specialty and geographic area. (b) Notification \n(1) In general \nThe Secretary shall notify any physician or practitioner identified as a significant outlier biller for telehealth services or items or services ordered or prescribed concurrent to a telehealth service under subsection (a). Each notification under the preceding sentence shall include the following: (A) Information on how the physician or practitioner compares to physicians or practitioners within the same specialty and geographic area with respect to billing for telehealth services or items or services ordered or prescribed concurrent to a telehealth service under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (B) Information on telehealth billing guidelines under the Medicare program. (C) Other information determined appropriate by the Secretary. (2) Clarification \nNothing in this subsection or subsection (a) shall be construed as directing the Centers for Medicare & Medicaid Services to pursue further audits of providers of services and suppliers outside of those permitted or required under titles XI or XVIII of the Social Security Act, or otherwise under applicable Federal law. (c) Public Availability of Information \nThe Secretary shall make aggregate information on outlier billing patterns identified under subsection (a) available on the internet website of the Centers for Medicare & Medicaid Services. Such information shall be in a form and manner determined appropriate by the Secretary and shall not identify any specific physician or practitioner. (d) Other activities \nNothing in this section shall preclude the Secretary from conducting activities that provide physicians and practitioners with information as to how they compare to other physicians and practitioners that are in addition to the activities under this section. (e) Telehealth resource centers education activities \nSection 330I(j)(2) of the Public Health Service Act ( 42 U.S.C. 254c–14(j)(2) ) is amended— (1) in subparagraph (F), by striking and at the end; (2) in subparagraph (G), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (H) providing technical assistance and education to physicians and practitioners that the Secretary identifies pursuant to section 203(a) of the CONNECT for Health Act of 2023 as having significant levels of outlier billing patterns with respect to telehealth services or items or services ordered or prescribed concurrent to a telehealth service under the Medicare program under title XVIII of the Social Security Act, including— (i) education on practices to ensure coding of telehealth services for appropriate length of time and accurate complexity; (ii) education on prevention of inappropriate or duplicate billing; and (iii) information on— (I) services specified in paragraph (4)(F)(i) of section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) for authorized payment under paragraph (1) of such section; and (II) the process used to update such services under clauses (ii) and (iii) (as added by section 104) of paragraph (4)(F) of such section 1834(m); and (iv) referral to the appropriate medicare administrative contractor for specific questions that fall outside of the scope of broad best practices.. (f) Definitions \nIn this section: (1) Secretary \nThe term Secretary means the Secretary of Health and Human Services. (2) Telehealth service \nThe term telehealth service has the meaning given that term in section 1834(m)(4)(F) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(F) ). (3) Physician; practitioner \nThe terms physician and practitioner have the meaning given those terms for purposes of section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ).", "id": "idcda962097d6b49a4b72a01fbb85715b3", "header": "Addressing significant outlier billing patterns for telehealth services", "nested": [ { "text": "(a) Identification and notification of outlier billers of telehealth \n(1) In general \nThe Secretary shall, using national provider identifiers on claims for telehealth services furnished to individuals under section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ), identify physicians and practitioners that demonstrate significant outlier billing patterns (such as coding of telehealth services for inappropriate length of time and inaccurate complexity and inappropriate or duplicate billing) for telehealth services or items or services ordered or prescribed concurrent to a telehealth service over a period of time specified by the Secretary. (2) Establishment of thresholds \nFor purposes of this subsection, the Secretary shall establish thresholds for outlier billing patterns to identify whether a physician or practitioner is a significant outlier biller for telehealth services or items or services ordered or prescribed concurrent to a telehealth service as compared to other physicians or practitioners within the same specialty and geographic area.", "id": "id22b5f5595cb343e98d8188d8d8675e76", "header": "Identification and notification of outlier billers of telehealth", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(b) Notification \n(1) In general \nThe Secretary shall notify any physician or practitioner identified as a significant outlier biller for telehealth services or items or services ordered or prescribed concurrent to a telehealth service under subsection (a). Each notification under the preceding sentence shall include the following: (A) Information on how the physician or practitioner compares to physicians or practitioners within the same specialty and geographic area with respect to billing for telehealth services or items or services ordered or prescribed concurrent to a telehealth service under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (B) Information on telehealth billing guidelines under the Medicare program. (C) Other information determined appropriate by the Secretary. (2) Clarification \nNothing in this subsection or subsection (a) shall be construed as directing the Centers for Medicare & Medicaid Services to pursue further audits of providers of services and suppliers outside of those permitted or required under titles XI or XVIII of the Social Security Act, or otherwise under applicable Federal law.", "id": "id4844460d191e4e6db191f50e8c4884b7", "header": "Notification", "nested": [], "links": [ { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" } ] }, { "text": "(c) Public Availability of Information \nThe Secretary shall make aggregate information on outlier billing patterns identified under subsection (a) available on the internet website of the Centers for Medicare & Medicaid Services. Such information shall be in a form and manner determined appropriate by the Secretary and shall not identify any specific physician or practitioner.", "id": "id136ec562f85344c68cd5f25d85e69265", "header": "Public Availability of Information", "nested": [], "links": [] }, { "text": "(d) Other activities \nNothing in this section shall preclude the Secretary from conducting activities that provide physicians and practitioners with information as to how they compare to other physicians and practitioners that are in addition to the activities under this section.", "id": "ida1622a20fc034d03bb9f23c1f93143f9", "header": "Other activities", "nested": [], "links": [] }, { "text": "(e) Telehealth resource centers education activities \nSection 330I(j)(2) of the Public Health Service Act ( 42 U.S.C. 254c–14(j)(2) ) is amended— (1) in subparagraph (F), by striking and at the end; (2) in subparagraph (G), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (H) providing technical assistance and education to physicians and practitioners that the Secretary identifies pursuant to section 203(a) of the CONNECT for Health Act of 2023 as having significant levels of outlier billing patterns with respect to telehealth services or items or services ordered or prescribed concurrent to a telehealth service under the Medicare program under title XVIII of the Social Security Act, including— (i) education on practices to ensure coding of telehealth services for appropriate length of time and accurate complexity; (ii) education on prevention of inappropriate or duplicate billing; and (iii) information on— (I) services specified in paragraph (4)(F)(i) of section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) for authorized payment under paragraph (1) of such section; and (II) the process used to update such services under clauses (ii) and (iii) (as added by section 104) of paragraph (4)(F) of such section 1834(m); and (iv) referral to the appropriate medicare administrative contractor for specific questions that fall outside of the scope of broad best practices..", "id": "id7440f587453b48599e58538b02e98c2d", "header": "Telehealth resource centers education activities", "nested": [], "links": [ { "text": "42 U.S.C. 254c–14(j)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-14" }, { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(f) Definitions \nIn this section: (1) Secretary \nThe term Secretary means the Secretary of Health and Human Services. (2) Telehealth service \nThe term telehealth service has the meaning given that term in section 1834(m)(4)(F) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(F) ). (3) Physician; practitioner \nThe terms physician and practitioner have the meaning given those terms for purposes of section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ).", "id": "idf682bd461d4e4ff888aca22efb633d9f", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(4)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] } ], "links": [ { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" }, { "text": "42 U.S.C. 254c–14(j)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-14" }, { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(m)(4)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "301. Beneficiary engagement on telehealth \n(a) Resources, guidance, and training sessions \nSection 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by adding at the end the following new paragraph: (10) Resources, guidance, and training sessions \n(A) In general \nNot later than 6 months after the date of the enactment of this paragraph, the Secretary, in consultation with stakeholders, shall issue resources, guidance, and training sessions for beneficiaries, physicians, practitioners, and health information technology software vendors on best practices for ensuring telehealth services are accessible for— (i) individuals with limited English proficiency, including instructions on how to— (I) access telehealth platforms; (II) utilize interpreter services; and (III) integrate telehealth and virtual interpreter services; and (ii) individuals with Disabilities, including instructions on accessibility of the telecommunications system being used for telehealth services, engagement with beneficiaries with disabilities prior to, during, and after the furnishing of the telehealth service, and training on captioning and transcripts. (B) Accounting for age and other differences \nResources, guidance, and training sessions issued under this paragraph shall account for age and sociodemographic, geographic, literacy, cultural, cognitive, and linguistic differences in how individuals interact with technology.. (b) Study and report on tactics To improve beneficiary engagement on telehealth \n(1) Study \nThe Secretary of Health and Human Services shall collect and analyze qualitative and quantitative data on strategies that clinicians, payers, and other health care organizations use to improve beneficiary engagement on telehealth services (as defined in section 1834(m)(4)(F) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(F) )), with an emphasis on underserved communities, such as the use of digital navigators, providing patients with pre-visit information on telehealth, caregiver engagement, and training on telecommunications systems, and the investments necessary for health care professionals to effectively furnish telehealth services, including the costs of necessary technology and of training staff. (2) Report \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress and make available on the internet website of the Centers for Medicare & Medicaid Services a report containing the results of the study under paragraph (1), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (c) Funding \nThere are authorized to be appropriated such sums as necessary to carry out the provisions of, including the amendments made by, this section.", "id": "id7d738923b97f479ebbcded3048050380", "header": "Beneficiary engagement on telehealth", "nested": [ { "text": "(a) Resources, guidance, and training sessions \nSection 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by adding at the end the following new paragraph: (10) Resources, guidance, and training sessions \n(A) In general \nNot later than 6 months after the date of the enactment of this paragraph, the Secretary, in consultation with stakeholders, shall issue resources, guidance, and training sessions for beneficiaries, physicians, practitioners, and health information technology software vendors on best practices for ensuring telehealth services are accessible for— (i) individuals with limited English proficiency, including instructions on how to— (I) access telehealth platforms; (II) utilize interpreter services; and (III) integrate telehealth and virtual interpreter services; and (ii) individuals with Disabilities, including instructions on accessibility of the telecommunications system being used for telehealth services, engagement with beneficiaries with disabilities prior to, during, and after the furnishing of the telehealth service, and training on captioning and transcripts. (B) Accounting for age and other differences \nResources, guidance, and training sessions issued under this paragraph shall account for age and sociodemographic, geographic, literacy, cultural, cognitive, and linguistic differences in how individuals interact with technology..", "id": "id005c6e89fe0a4c258e2c8c0f5ad4cfba", "header": "Resources, guidance, and training sessions", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(b) Study and report on tactics To improve beneficiary engagement on telehealth \n(1) Study \nThe Secretary of Health and Human Services shall collect and analyze qualitative and quantitative data on strategies that clinicians, payers, and other health care organizations use to improve beneficiary engagement on telehealth services (as defined in section 1834(m)(4)(F) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(F) )), with an emphasis on underserved communities, such as the use of digital navigators, providing patients with pre-visit information on telehealth, caregiver engagement, and training on telecommunications systems, and the investments necessary for health care professionals to effectively furnish telehealth services, including the costs of necessary technology and of training staff. (2) Report \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress and make available on the internet website of the Centers for Medicare & Medicaid Services a report containing the results of the study under paragraph (1), together with recommendations for such legislation and administrative action as the Secretary determines appropriate.", "id": "iddcd02af90b1441e99f1104c14b90e388", "header": "Study and report on tactics To improve beneficiary engagement on telehealth", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(4)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(c) Funding \nThere are authorized to be appropriated such sums as necessary to carry out the provisions of, including the amendments made by, this section.", "id": "idcff0f945ac7c44389b207e84b81bc446", "header": "Funding", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(m)(4)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "302. Provider supports on telehealth \n(a) Educational resources and training sessions \nNot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall develop and make available to health care professionals educational resources and training sessions on requirements relating to the furnishing of telehealth services under section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) and topics including— (1) requirements for payment for telehealth services; (2) telehealth-specific health care privacy and security training; (3) utilizing telehealth services to engage and support underserved, high-risk, and vulnerable patient populations; and (4) other topics as determined appropriate by the Secretary. (b) Telehealth resource centers \nThe Secretary shall consider including technical assistance, education, and training on telehealth services as a required activity for telehealth resource centers under section 330I of the Public Health Service Act ( 42 U.S.C. 254c–14 ). (c) Funding \nThere are authorized to be appropriated such sums as necessary to carry out this section.", "id": "id8b1016158f144c57b25390cec94ad439", "header": "Provider supports on telehealth", "nested": [ { "text": "(a) Educational resources and training sessions \nNot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall develop and make available to health care professionals educational resources and training sessions on requirements relating to the furnishing of telehealth services under section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) and topics including— (1) requirements for payment for telehealth services; (2) telehealth-specific health care privacy and security training; (3) utilizing telehealth services to engage and support underserved, high-risk, and vulnerable patient populations; and (4) other topics as determined appropriate by the Secretary.", "id": "idad46eec7ba6d49a2a37facb8aaa3e748", "header": "Educational resources and training sessions", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(b) Telehealth resource centers \nThe Secretary shall consider including technical assistance, education, and training on telehealth services as a required activity for telehealth resource centers under section 330I of the Public Health Service Act ( 42 U.S.C. 254c–14 ).", "id": "idd1a47d4ffe91455ca4d8aed17c472185", "header": "Telehealth resource centers", "nested": [], "links": [ { "text": "42 U.S.C. 254c–14", "legal-doc": "usc", "parsable-cite": "usc/42/254c-14" } ] }, { "text": "(c) Funding \nThere are authorized to be appropriated such sums as necessary to carry out this section.", "id": "id6062ff4c28a4454792227ebadfc40ec1", "header": "Funding", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 254c–14", "legal-doc": "usc", "parsable-cite": "usc/42/254c-14" } ] }, { "text": "303. Ensuring the inclusion of telehealth in measuring quality of care \nSection 1890A of the Social Security Act ( 42 U.S.C. 1395aaa–1 ) is amended by adding at the end the following new subsection: (h) Measuring quality of telehealth services \n(1) In general \nNot later than 180 days after the date of the enactment of this subsection, the Secretary shall review quality measures to ensure inclusion of measures relating to telehealth services, including care, prevention, diagnosis, patient experience, health outcomes, and treatment. (2) Consultation \nIn conducting the review and assessment under paragraph (1), the Secretary shall consult external technical experts in quality measurement, including patient organizations, providers, and experts in telehealth. (3) Review and assessment \nThe review and assessment under this subsection shall— (A) include review of existing and under development quality measures to identify measures that are currently inclusive of, and measures that fail to account for, telehealth services; and (B) identify gaps in areas of quality measurement that relate to telehealth services, including health outcomes and patient experience of care. (4) Technical guidance \nThe Secretary shall issue technical guidance on— (A) how to effectively streamline, implement, and assign accountability for health outcomes for quality measures for telehealth services across health care settings and providers; (B) how to stratify measures by care modality and population to identify differences in health outcomes; (C) the use of uniform data elements; (D) how to identify and catalogue best practices related to the use of quality measurement and quality improvement for telehealth services; and (E) other areas determined appropriate by the Secretary. (5) Report \nNot later than 2 years after the date of the enactment of this subsection, the Secretary shall submit to Congress and post on the internet website of the Centers for Medicare & Medicaid Services a report on the review and assessment conducted under this subsection..", "id": "id82555cb8ecbc4d07b83b85346008812d", "header": "Ensuring the inclusion of telehealth in measuring quality of care", "nested": [], "links": [ { "text": "42 U.S.C. 1395aaa–1", "legal-doc": "usc", "parsable-cite": "usc/42/1395aaa-1" } ] }, { "text": "304. Posting of information on telehealth services \nNot later than 180 days after the date of enactment, and quarterly thereafter, the Secretary of Health and Human Services shall post on the internet website of the Centers for Medicare & Medicaid Services information on— (1) the furnishing of telehealth services under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), described by patient population, type of service, geography, place of service, and provider type; (2) the impact of telehealth services on expenditures and utilization under the Medicare program; and (3) other outcomes related to the furnishing of telehealth services under the Medicare program, as determined appropriate by the Secretary.", "id": "idec3fada088594207b94082c7e023c7c7", "header": "Posting of information on telehealth services", "nested": [], "links": [ { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" } ] } ]

[ "Congressional oversight", "Employment and training programs", "Fraud offenses and financial crimes", "Geography and mapping", "Government information and archives", "Government studies and investigations", "Health care costs and insurance", "Health care coverage and access", "Health care quality", "Health technology, devices, supplies", "Indian social and development programs", "Long-term, rehabilitative, and terminal care", "Medicare", "Rural conditions and development" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the End Racial and Religious Profiling Act of 2023 or ERRPA. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Prohibition of Racial Profiling Sec. 101. Prohibition. Sec. 102. Enforcement. Title II—Programs To Eliminate Racial Profiling By Federal Law Enforcement Agencies Sec. 201. Policies to eliminate racial profiling. Title III—Programs To Eliminate Racial Profiling By State, Local, and Tribal Law Enforcement Agencies Sec. 301. Policies required for grants. Sec. 302. Involvement of Attorney General. Sec. 303. Data collection demonstration project. Sec. 304. Best practices development grants. Sec. 305. Authorization of appropriations. Title IV—Data Collection Sec. 401. Attorney General to issue regulations. Sec. 402. Publication of data. Sec. 403. Limitations on publication of data. Title V—Department of Justice Regulations and Reports on Racial Profiling in the United States Sec. 501. Attorney General to issue regulations and reports. Title VI—Miscellaneous Provisions Sec. 601. Severability. Sec. 602. Savings clause.", "id": "H930689DDDB2B43AA99448B81E7C02A01", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the End Racial and Religious Profiling Act of 2023 or ERRPA.", "id": "H88147E40B97A429E86BE23C1B4755301", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Prohibition of Racial Profiling Sec. 101. Prohibition. Sec. 102. Enforcement. Title II—Programs To Eliminate Racial Profiling By Federal Law Enforcement Agencies Sec. 201. Policies to eliminate racial profiling. Title III—Programs To Eliminate Racial Profiling By State, Local, and Tribal Law Enforcement Agencies Sec. 301. Policies required for grants. Sec. 302. Involvement of Attorney General. Sec. 303. Data collection demonstration project. Sec. 304. Best practices development grants. Sec. 305. Authorization of appropriations. Title IV—Data Collection Sec. 401. Attorney General to issue regulations. Sec. 402. Publication of data. Sec. 403. Limitations on publication of data. Title V—Department of Justice Regulations and Reports on Racial Profiling in the United States Sec. 501. Attorney General to issue regulations and reports. Title VI—Miscellaneous Provisions Sec. 601. Severability. Sec. 602. Savings clause.", "id": "H31559EF714614419BCD6D03EF7D90923", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Covered program \nThe term covered program means any program or activity funded in whole or in part with funds made available under— (A) the Edward Byrne Memorial Justice Assistance Grant Program under subpart I of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq. ); and (B) the Cops on the Beat program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 et seq. ), except that no program, project, or other activity specified in section 1701(b)(13) of such part shall be a covered program under this paragraph. (2) Governmental body \nThe term governmental body means any department, agency, special purpose district, or other instrumentality of Federal, State, local, or Tribal government. (3) Hit rate \nThe term hit rate means the percentage of stops and searches in which a law enforcement officer finds drugs, a gun, or something else that leads to an arrest. The hit rate is calculated by dividing the total number of searches by the number of searches that yield contraband. The hit rate is complementary to the rate of false stops. (4) Indian Tribe \nThe term Indian Tribe has the meaning given the Indian tribe term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ). (5) Law enforcement agency \nThe term law enforcement agency means any Federal, State, local, or Tribal public agency engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws. (6) Law enforcement agent \nThe term law enforcement agent means any Federal, State, local, or Tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of a law enforcement agency. (7) Racial profiling \nThe term racial profiling means the practice of a law enforcement agent or agency relying, to any degree, on actual or perceived race, ethnicity, national origin, religion, gender, gender identity, or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme. (8) Routine or spontaneous investigatory activities \nThe term routine or spontaneous investigatory activities means the following activities by a law enforcement agent: (A) Interviews. (B) Traffic stops. (C) Pedestrian stops. (D) Frisks and other types of body searches. (E) Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians. (F) Data collection and analysis, assessments, and predicated investigations. (G) Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out. (H) Immigration-related workplace investigations. (I) Such other types of law enforcement encounters compiled for or by the Federal Bureau of Investigation or the Bureau of Justice Statistics. (9) Reasonable request \nThe term reasonable request means all requests for information, except for those that— (A) are immaterial to the investigation; (B) would result in the unnecessary disclosure of personal information; or (C) would place a severe burden on the resources of the law enforcement agency given its size. (10) State \nThe term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (11) Unit of local government \nThe term unit of local government means— (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (B) any law enforcement district or judicial enforcement district that— (i) is established under applicable State law; and (ii) has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; or (C) any Indian Tribe that performs law enforcement functions, as determined by the Secretary of the Interior.", "id": "HA0124E1883FE444F98E951CB15C22EC2", "header": "Definitions", "nested": [], "links": [ { "text": "34 U.S.C. 10151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/10151" }, { "text": "34 U.S.C. 10381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/10381" }, { "text": "25 U.S.C. 5130", "legal-doc": "usc", "parsable-cite": "usc/25/5130" } ] }, { "text": "101. Prohibition \nNo law enforcement agent or law enforcement agency shall engage in racial profiling.", "id": "H84C0187FE5804905B508871E3D57705F", "header": "Prohibition", "nested": [], "links": [] }, { "text": "102. Enforcement \n(a) Remedy \nThe United States, or an individual injured by racial profiling, may enforce this title in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States. (b) Parties \nIn any action brought under this title, relief may be obtained against— (1) any governmental body that employed any law enforcement agent who engaged in racial profiling; (2) any agent of such body who engaged in racial profiling; and (3) any person with supervisory authority over such agent. (c) Nature of proof \nProof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular characteristic described in section 2(7) shall constitute prima facie evidence of a violation of this title. (d) Attorney’s fees \nIn any action or proceeding to enforce this title against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee.", "id": "H7D4A84D8851C40EEAF1E0F3B4652B987", "header": "Enforcement", "nested": [ { "text": "(a) Remedy \nThe United States, or an individual injured by racial profiling, may enforce this title in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States.", "id": "H46C17A92F8A046019D3B7DE6920D37C6", "header": "Remedy", "nested": [], "links": [] }, { "text": "(b) Parties \nIn any action brought under this title, relief may be obtained against— (1) any governmental body that employed any law enforcement agent who engaged in racial profiling; (2) any agent of such body who engaged in racial profiling; and (3) any person with supervisory authority over such agent.", "id": "HAA5AD8DEDBC44F9787672FD9415E00E9", "header": "Parties", "nested": [], "links": [] }, { "text": "(c) Nature of proof \nProof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular characteristic described in section 2(7) shall constitute prima facie evidence of a violation of this title.", "id": "HB9A04E8B46B24B63A05261708894EFA5", "header": "Nature of proof", "nested": [], "links": [] }, { "text": "(d) Attorney’s fees \nIn any action or proceeding to enforce this title against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee.", "id": "HD256EE61F8EC444CB8E14F477041E7DB", "header": "Attorney’s fees", "nested": [], "links": [] } ], "links": [] }, { "text": "201. Policies to eliminate racial profiling \n(a) In general \nFederal law enforcement agencies shall— (1) maintain adequate policies and procedures designed to eliminate racial profiling; and (2) cease existing practices that permit racial profiling. (b) Policies \nThe policies and procedures described in subsection (a)(1) shall include— (1) a prohibition on racial profiling; (2) training on racial profiling issues as part of Federal law enforcement training; (3) the collection of data in accordance with the regulations issued by the Attorney General under section 401; (4) procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents; and (5) any other policies and procedures the Attorney General determines to be necessary to eliminate racial profiling by Federal law enforcement agencies.", "id": "H3088BDF68462498987255F508F150513", "header": "Policies to eliminate racial profiling", "nested": [ { "text": "(a) In general \nFederal law enforcement agencies shall— (1) maintain adequate policies and procedures designed to eliminate racial profiling; and (2) cease existing practices that permit racial profiling.", "id": "H7A419D059FFA497BB21CE43CC4487079", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Policies \nThe policies and procedures described in subsection (a)(1) shall include— (1) a prohibition on racial profiling; (2) training on racial profiling issues as part of Federal law enforcement training; (3) the collection of data in accordance with the regulations issued by the Attorney General under section 401; (4) procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents; and (5) any other policies and procedures the Attorney General determines to be necessary to eliminate racial profiling by Federal law enforcement agencies.", "id": "H29A4B8645132425B9EB6BAF9BB310335", "header": "Policies", "nested": [], "links": [] } ], "links": [] }, { "text": "301. Policies required for grants \n(a) In general \nAn application by a State, a unit of local government, or a State, local, or Tribal law enforcement agency for funding under a covered program shall include a certification that such State, unit of local government, or law enforcement agency, and any law enforcement agency to which it will distribute funds— (1) maintains adequate policies and procedures designed to eliminate racial profiling; and (2) has eliminated any existing practices that permit or encourage racial profiling. (b) Policies \nThe policies and procedures described in subsection (a)(1) shall include— (1) a prohibition on racial profiling; (2) training on racial profiling issues as part of law enforcement training; (3) the collection of data in accordance with the regulations issued by the Attorney General under section 401; and (4) participation in an administrative complaint procedure or independent audit program that meets the requirements of section 302. (c) Effective date \nThis section shall take effect 12 months after the date of enactment of this Act.", "id": "H8FCB3EC9AA104FCEB73CA4A1E065D8F6", "header": "Policies required for grants", "nested": [ { "text": "(a) In general \nAn application by a State, a unit of local government, or a State, local, or Tribal law enforcement agency for funding under a covered program shall include a certification that such State, unit of local government, or law enforcement agency, and any law enforcement agency to which it will distribute funds— (1) maintains adequate policies and procedures designed to eliminate racial profiling; and (2) has eliminated any existing practices that permit or encourage racial profiling.", "id": "H67F50391B13044408988CCE5A95D76AF", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Policies \nThe policies and procedures described in subsection (a)(1) shall include— (1) a prohibition on racial profiling; (2) training on racial profiling issues as part of law enforcement training; (3) the collection of data in accordance with the regulations issued by the Attorney General under section 401; and (4) participation in an administrative complaint procedure or independent audit program that meets the requirements of section 302.", "id": "H0702CF09DBA241D1A34DE9047ABB3BA5", "header": "Policies", "nested": [], "links": [] }, { "text": "(c) Effective date \nThis section shall take effect 12 months after the date of enactment of this Act.", "id": "HBB7F8AF095D642569A51ADFA7247075A", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "302. Involvement of Attorney General \n(a) Regulations \n(1) In general \nNot later than 6 months after the date of enactment of this Act and in consultation with stakeholders, including Federal, State, Tribal, and local law enforcement agencies and community, professional, research, and civil rights organizations, the Attorney General shall issue regulations for the operation of administrative complaint procedures and independent audit programs to ensure that such programs and procedures provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies. (2) Guidelines \nThe regulations issued under paragraph (1) shall contain guidelines that ensure the fairness, effectiveness, and independence of the administrative complaint procedures and independent auditor programs. (b) Noncompliance \nIf the Attorney General determines that the recipient of a grant from any covered program is not in compliance with the requirements of section 301 or the regulations issued under subsection (a) , the Attorney General shall withhold, in whole or in part (at the discretion of the Attorney General), funds for one or more grants to the recipient under the covered program, until the recipient establishes compliance. (c) Private parties \nThe Attorney General shall provide notice and an opportunity for private parties to present evidence to the Attorney General that a recipient of a grant from any covered program is not in compliance with the requirements of this title.", "id": "H35519E48C1554D57A13A758B226AED63", "header": "Involvement of Attorney General", "nested": [ { "text": "(a) Regulations \n(1) In general \nNot later than 6 months after the date of enactment of this Act and in consultation with stakeholders, including Federal, State, Tribal, and local law enforcement agencies and community, professional, research, and civil rights organizations, the Attorney General shall issue regulations for the operation of administrative complaint procedures and independent audit programs to ensure that such programs and procedures provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies. (2) Guidelines \nThe regulations issued under paragraph (1) shall contain guidelines that ensure the fairness, effectiveness, and independence of the administrative complaint procedures and independent auditor programs.", "id": "H7E234435599940B0B2DB271296EAFC6A", "header": "Regulations", "nested": [], "links": [] }, { "text": "(b) Noncompliance \nIf the Attorney General determines that the recipient of a grant from any covered program is not in compliance with the requirements of section 301 or the regulations issued under subsection (a) , the Attorney General shall withhold, in whole or in part (at the discretion of the Attorney General), funds for one or more grants to the recipient under the covered program, until the recipient establishes compliance.", "id": "H026FA1BE3B5A4179B1D44F70F7D97284", "header": "Noncompliance", "nested": [], "links": [] }, { "text": "(c) Private parties \nThe Attorney General shall provide notice and an opportunity for private parties to present evidence to the Attorney General that a recipient of a grant from any covered program is not in compliance with the requirements of this title.", "id": "H2FFDF0E314BC4E48BBFF20D9A06555A1", "header": "Private parties", "nested": [], "links": [] } ], "links": [] }, { "text": "303. Data collection demonstration project \n(a) Competitive awards \n(1) In general \nThe Attorney General may, through competitive grants or contracts, carry out a 2-year demonstration project for the purpose of developing and implementing data collection programs on the hit rates for stops and searches by law enforcement agencies. The data collected shall be disaggregated by race, ethnicity, national origin, gender, and religion. (2) Number of grants \nThe Attorney General shall provide not more than 5 grants or contracts under this section. (3) Eligible grantees \nGrants or contracts under this section shall be awarded to law enforcement agencies that serve communities where there is a significant concentration of racial or ethnic minorities and that are not already collecting data voluntarily. (b) Required activities \nActivities carried out with a grant under this section shall include— (1) developing a data collection tool and reporting the compiled data to the Attorney General; and (2) training of law enforcement personnel on data collection, particularly for data collection on hit rates for stops and searches. (c) Evaluation \nNot later than 3 years after the date of enactment of this Act, the Attorney General shall enter into a contract with an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) to analyze the data collected by each of the grantees funded under this section. (d) Authorization of appropriations \nThere are authorized to be appropriated to carry out activities under this section— (1) $5,000,000, over a 2-year period, to carry out the demonstration program under subsection (a); and (2) $500,000 to carry out the evaluation under subsection (c).", "id": "H199DDA6C19214704BFA6A2C9420A428A", "header": "Data collection demonstration project", "nested": [ { "text": "(a) Competitive awards \n(1) In general \nThe Attorney General may, through competitive grants or contracts, carry out a 2-year demonstration project for the purpose of developing and implementing data collection programs on the hit rates for stops and searches by law enforcement agencies. The data collected shall be disaggregated by race, ethnicity, national origin, gender, and religion. (2) Number of grants \nThe Attorney General shall provide not more than 5 grants or contracts under this section. (3) Eligible grantees \nGrants or contracts under this section shall be awarded to law enforcement agencies that serve communities where there is a significant concentration of racial or ethnic minorities and that are not already collecting data voluntarily.", "id": "H237ED49E18B948E0BF994A8DEB53C802", "header": "Competitive awards", "nested": [], "links": [] }, { "text": "(b) Required activities \nActivities carried out with a grant under this section shall include— (1) developing a data collection tool and reporting the compiled data to the Attorney General; and (2) training of law enforcement personnel on data collection, particularly for data collection on hit rates for stops and searches.", "id": "H7D517B2494A04ED9890FF30D8EF438FE", "header": "Required activities", "nested": [], "links": [] }, { "text": "(c) Evaluation \nNot later than 3 years after the date of enactment of this Act, the Attorney General shall enter into a contract with an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) to analyze the data collected by each of the grantees funded under this section.", "id": "H62ACFDA956794AAA85718CF92A3B398E", "header": "Evaluation", "nested": [], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "(d) Authorization of appropriations \nThere are authorized to be appropriated to carry out activities under this section— (1) $5,000,000, over a 2-year period, to carry out the demonstration program under subsection (a); and (2) $500,000 to carry out the evaluation under subsection (c).", "id": "H81E2D3C5320E48A4ABFE006A520C32B7", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "304. Best practices development grants \n(a) Grant authorization \nThe Attorney General, through the Bureau of Justice Assistance, may make grants to States, local law enforcement agencies, and units of local government to develop and implement best practice devices and systems to eliminate racial profiling. (b) Use of funds \nThe funds provided under subsection (a) shall be used for programs that include the following purposes: (1) The development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public. (2) The acquisition and use of technology to facilitate the accurate collection and analysis of data. (3) The development and acquisition of feedback systems and technologies that identify officers or units of officers engaged in, or at risk of engaging in, racial profiling or other misconduct. (4) The establishment and maintenance of an administrative complaint procedure or independent auditor program. (c) Equitable distribution \nThe Attorney General shall ensure that grants under this section are awarded in a manner that reserves an equitable share of funding for small and rural law enforcement agencies. (d) Application \nEach State, local law enforcement agency, or unit of local government desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.", "id": "HCF235B0BF9D94133A1EAC602BA5A8631", "header": "Best practices development grants", "nested": [ { "text": "(a) Grant authorization \nThe Attorney General, through the Bureau of Justice Assistance, may make grants to States, local law enforcement agencies, and units of local government to develop and implement best practice devices and systems to eliminate racial profiling.", "id": "H360AC16346C9444B8B582CBABD865ABE", "header": "Grant authorization", "nested": [], "links": [] }, { "text": "(b) Use of funds \nThe funds provided under subsection (a) shall be used for programs that include the following purposes: (1) The development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public. (2) The acquisition and use of technology to facilitate the accurate collection and analysis of data. (3) The development and acquisition of feedback systems and technologies that identify officers or units of officers engaged in, or at risk of engaging in, racial profiling or other misconduct. (4) The establishment and maintenance of an administrative complaint procedure or independent auditor program.", "id": "H236E1E2347034CC9B941DFE568572495", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Equitable distribution \nThe Attorney General shall ensure that grants under this section are awarded in a manner that reserves an equitable share of funding for small and rural law enforcement agencies.", "id": "H3C97B6D8AC3840848F27A3A9E757193F", "header": "Equitable distribution", "nested": [], "links": [] }, { "text": "(d) Application \nEach State, local law enforcement agency, or unit of local government desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.", "id": "HA0AACC6E1E7449E0B4C5BBD6E899B46B", "header": "Application", "nested": [], "links": [] } ], "links": [] }, { "text": "305. Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this title.", "id": "HCDBFB37EB58A4637B065635200665144", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "401. Attorney General to issue regulations \n(a) Regulations \nNot later than 6 months after the date of enactment of this Act, the Attorney General, in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, shall issue regulations for the collection and compilation of data under sections 201 and 301. (b) Requirements \nThe regulations issued under subsection (a) shall— (1) provide for the collection of data on all routine or spontaneous investigatory activities; (2) provide that the data collected shall— (A) be collected by race, ethnicity, national origin, gender, and religion, as perceived by the law enforcement officer; (B) include the date, time, and location of such investigatory activities; (C) include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling; and (D) not include personally identifiable information; (3) provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the Department of Justice; (4) provide that law enforcement agencies shall compile data on the standardized form made available under paragraph (3) , and submit the form to the Civil Rights Division and the Bureau of Justice Statistics; (5) provide that law enforcement agencies shall maintain all data collected under this Act for not less than 4 years; (6) include guidelines for setting comparative benchmarks, consistent with best practices, against which collected data shall be measured; (7) provide that the Director of the Bureau of Justice Statistics shall— (A) analyze the data for any statistically significant disparities, including— (i) disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood; (ii) disparities in the hit rate; and (iii) disparities in the frequency of searches performed on racial or ethnic minority drivers and the frequency of searches performed on nonminority drivers; and (B) not later than 3 years after the date of enactment of this Act, and annually thereafter— (i) prepare a report regarding the findings of the analysis conducted under subparagraph (A) ; (ii) provide such report to Congress; and (iii) make such report available to the public, including on a website of the Department of Justice; and (8) protect the privacy of individuals whose data is collected by— (A) limiting the use of the data collected under this Act to the purposes set forth in this Act; (B) except as otherwise provided in this Act, limiting access to the data collected under this Act to those Federal, State, local, or Tribal employees or agents who require such access in order to fulfill the purposes for the data set forth in this Act; (C) requiring contractors or other nongovernmental agents who are permitted access to the data collected under this Act to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph (A); and (D) requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this Act.", "id": "HB6441D17274D464CA4E61899604B8D33", "header": "Attorney General to issue regulations", "nested": [ { "text": "(a) Regulations \nNot later than 6 months after the date of enactment of this Act, the Attorney General, in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, shall issue regulations for the collection and compilation of data under sections 201 and 301.", "id": "H89065138D1B84649AF71C8C9B68916CE", "header": "Regulations", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe regulations issued under subsection (a) shall— (1) provide for the collection of data on all routine or spontaneous investigatory activities; (2) provide that the data collected shall— (A) be collected by race, ethnicity, national origin, gender, and religion, as perceived by the law enforcement officer; (B) include the date, time, and location of such investigatory activities; (C) include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling; and (D) not include personally identifiable information; (3) provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the Department of Justice; (4) provide that law enforcement agencies shall compile data on the standardized form made available under paragraph (3) , and submit the form to the Civil Rights Division and the Bureau of Justice Statistics; (5) provide that law enforcement agencies shall maintain all data collected under this Act for not less than 4 years; (6) include guidelines for setting comparative benchmarks, consistent with best practices, against which collected data shall be measured; (7) provide that the Director of the Bureau of Justice Statistics shall— (A) analyze the data for any statistically significant disparities, including— (i) disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood; (ii) disparities in the hit rate; and (iii) disparities in the frequency of searches performed on racial or ethnic minority drivers and the frequency of searches performed on nonminority drivers; and (B) not later than 3 years after the date of enactment of this Act, and annually thereafter— (i) prepare a report regarding the findings of the analysis conducted under subparagraph (A) ; (ii) provide such report to Congress; and (iii) make such report available to the public, including on a website of the Department of Justice; and (8) protect the privacy of individuals whose data is collected by— (A) limiting the use of the data collected under this Act to the purposes set forth in this Act; (B) except as otherwise provided in this Act, limiting access to the data collected under this Act to those Federal, State, local, or Tribal employees or agents who require such access in order to fulfill the purposes for the data set forth in this Act; (C) requiring contractors or other nongovernmental agents who are permitted access to the data collected under this Act to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph (A); and (D) requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this Act.", "id": "H74D7D3E213364FB38A72EBCE87510AB3", "header": "Requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "402. Publication of data \nThe Bureau of Justice Statistics shall provide to Congress and make available to the public, together with each annual report described in section 401 , the data collected pursuant to this Act, excluding any personally identifiable information described in section 403.", "id": "H5CD12F86558A4F83B2B71EAE7D0359E7", "header": "Publication of data", "nested": [], "links": [] }, { "text": "403. Limitations on publication of data \nThe name or identifying information of a law enforcement officer, complainant, or any other individual involved in any activity for which data is collected and compiled under this Act shall not be— (1) released to the public; (2) disclosed to any person, except for— (A) such disclosures as are necessary to comply with this Act; (B) disclosures of information regarding a particular person to that person; or (C) disclosures pursuant to litigation; or (3) subject to disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), except for disclosures of information regarding a particular person to that person.", "id": "HC49F0475B4B24CA48BE243E7094F4E39", "header": "Limitations on publication of data", "nested": [], "links": [] }, { "text": "501. Attorney General to issue regulations and reports \n(a) Regulations \nIn addition to the regulations required under sections 303 and 401, the Attorney General shall issue such other regulations as the Attorney General determines are necessary to implement this Act. (b) Reports \n(1) In general \nNot later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress a report on racial profiling by law enforcement agencies. (2) Scope \nEach report submitted under paragraph (1) shall include— (A) a summary of data collected under sections 201(b)(3) and 301(b)(3) and from any other reliable source of information regarding racial profiling in the United States; (B) a discussion of the findings in the most recent report prepared by the Director of the Bureau of Justice Statistics under section 401(b)(7); (C) the status of the adoption and implementation of policies and procedures by Federal law enforcement agencies under section 201 and by State and local law enforcement agencies under sections 301 and 302; and (D) a description of any other policies and procedures that the Attorney General believes would facilitate the elimination of racial profiling.", "id": "H5B2B16A40B284B39BFD697611B16FDC2", "header": "Attorney General to issue regulations and reports", "nested": [ { "text": "(a) Regulations \nIn addition to the regulations required under sections 303 and 401, the Attorney General shall issue such other regulations as the Attorney General determines are necessary to implement this Act.", "id": "H3E4A7006CEFB475EACAE268A1ED11897", "header": "Regulations", "nested": [], "links": [] }, { "text": "(b) Reports \n(1) In general \nNot later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress a report on racial profiling by law enforcement agencies. (2) Scope \nEach report submitted under paragraph (1) shall include— (A) a summary of data collected under sections 201(b)(3) and 301(b)(3) and from any other reliable source of information regarding racial profiling in the United States; (B) a discussion of the findings in the most recent report prepared by the Director of the Bureau of Justice Statistics under section 401(b)(7); (C) the status of the adoption and implementation of policies and procedures by Federal law enforcement agencies under section 201 and by State and local law enforcement agencies under sections 301 and 302; and (D) a description of any other policies and procedures that the Attorney General believes would facilitate the elimination of racial profiling.", "id": "H3D3FD5AEA9154C05AF58A367A953AB31", "header": "Reports", "nested": [], "links": [] } ], "links": [] }, { "text": "601. Severability \nIf any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the remaining provisions of this Act to any person or circumstance shall not be affected thereby.", "id": "H856EF5F05D4A4BC1A5FB094D1849733D", "header": "Severability", "nested": [], "links": [] }, { "text": "602. Savings clause \nNothing in this Act shall be construed— (1) to limit legal or administrative remedies under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ), section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 ), the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ), or title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ); (2) to affect any Federal, State, or Tribal law that applies to an Indian Tribe because of the political status of the Tribe; or (3) to waive the sovereign immunity of an Indian Tribe without the consent of the Tribe.", "id": "HF7ED0CFFC22443F28E946699BE41BD86", "header": "Savings clause", "nested": [], "links": [ { "text": "42 U.S.C. 1983", "legal-doc": "usc", "parsable-cite": "usc/42/1983" }, { "text": "34 U.S.C. 12601", "legal-doc": "usc", "parsable-cite": "usc/34/12601" }, { "text": "34 U.S.C. 10101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/10101" }, { "text": "42 U.S.C. 2000d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000d" } ] } ]

[ "Administrative law and regulatory procedures", "Border security and unlawful immigration", "Civil actions and liability", "Criminal investigation, prosecution, interrogation", "Criminal justice information and records", "Customs enforcement", "Department of Justice", "Government information and archives", "Government liability", "Law enforcement administration and funding", "Racial and ethnic relations", "Religion", "Right of privacy", "Sex, gender, sexual orientation discrimination" ]

[ { "text": "1. Short title \nThis Act may be cited as the Ending China's Developing Nation Status Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Statement of policy \nIt should be the policy of the United States— (1) to oppose the labeling or treatment of the People’s Republic of China as a developing nation in current and future treaty negotiations and in each international organization of which the United States and the People’s Republic of China are both current members; and (2) to pursue the labeling or treatment of the People’s Republic of China as a developed nation in each international organization of which the United States and the People’s Republic of China are both current members.", "id": "id6f21bb2ac9614ff9a9b0df41bcc94025", "header": "Statement of policy", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Appropriate committees of congress \nThe term appropriate committees of Congress means— (A) the Committee on Foreign Relations of the Senate ; and (B) the Committee on Foreign Affairs of the House of Representatives. (2) Secretary \nThe term Secretary means the Secretary of State.", "id": "ide4c43dad413e4bcdb80325974b314975", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Report on development status in current treaty negotiations \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress identifying all current treaty negotiations in which— (1) the proposed treaty develops different standards for the enforcement of the treaty based on the development status of the member states of the treaty; and (2) the People's Republic of China is under consideration for becoming a party to the treaty.", "id": "idd5b8f6563ed449749b0c0de6407a0fae", "header": "Report on development status in current treaty negotiations", "nested": [], "links": [] }, { "text": "5. Report on development status in existing organizations and treaties \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress identifying— (1) all international organizations or treaties, of which the United States is a member, that have different standards for enforcement based on the development status of the member states; and (2) for each of the organizations or treaties identified pursuant to paragraph (1), the Secretary shall provide a list of countries that— (A) are labeled as developing nations or receive the benefits of a developing nation under the terms of the organization or treaty; and (B) meet the World Bank classification for upper middle income or high-income countries.", "id": "iddc20f26215a64e3cb505e984dcd2121d", "header": "Report on development status in existing organizations and treaties", "nested": [], "links": [] }, { "text": "6. Mechanisms for changing development status \n(a) In general \nIn any international organization of which the United States and the People's Republic of China are both current members, the Secretary shall pursue— (1) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or (2) proposing the development of a mechanism described in paragraph (1) to change the status of the People's Republic of China in such organization from developing nation to developed nation. (b) Waiver \nThe President may waive the application of paragraph (1) or (2) of subsection (a) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States.", "id": "id69f08fbb5f18409d886eecfd14cf2913", "header": "Mechanisms for changing development status", "nested": [ { "text": "(a) In general \nIn any international organization of which the United States and the People's Republic of China are both current members, the Secretary shall pursue— (1) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or (2) proposing the development of a mechanism described in paragraph (1) to change the status of the People's Republic of China in such organization from developing nation to developed nation.", "id": "id6024b560253d41c997cb24694924174b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Waiver \nThe President may waive the application of paragraph (1) or (2) of subsection (a) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States.", "id": "id2d811ee2e0a7412f990efd2170ecd80a", "header": "Waiver", "nested": [], "links": [] } ], "links": [] }, { "text": "1. Short title \nThis Act may be cited as the Ending China's Developing Nation Status Act.", "id": "id07b9d802b5784d61bae87b6c20c7f3dc", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Finding; statement of policy \n(a) Finding \nCongress finds that the People’s Republic of China is still classified as a developing nation under multiple treaties and international organization structures, even though it has grown to be the second largest economy in the world. (b) Statement of policy \nIt is the policy of the United States— (1) to oppose the labeling or treatment of the People’s Republic of China as a developing nation in current and future treaty negotiations and in each international organization of which the United States and the People’s Republic of China are both current members; (2) to pursue the labeling or treatment of the People’s Republic of China as a developed nation in each international organization of which the United States and the People’s Republic of China are both current members; and (3) to work with allies and partners of the United States to implement the policies described in paragraphs (1) and (2).", "id": "id7238b1ee-5a08-4650-a6a5-91827273467d", "header": "Finding; statement of policy", "nested": [ { "text": "(a) Finding \nCongress finds that the People’s Republic of China is still classified as a developing nation under multiple treaties and international organization structures, even though it has grown to be the second largest economy in the world.", "id": "id196ca76184ef49b3a6d2826aba870a71", "header": "Finding", "nested": [], "links": [] }, { "text": "(b) Statement of policy \nIt is the policy of the United States— (1) to oppose the labeling or treatment of the People’s Republic of China as a developing nation in current and future treaty negotiations and in each international organization of which the United States and the People’s Republic of China are both current members; (2) to pursue the labeling or treatment of the People’s Republic of China as a developed nation in each international organization of which the United States and the People’s Republic of China are both current members; and (3) to work with allies and partners of the United States to implement the policies described in paragraphs (1) and (2).", "id": "id9c507eaee63340c1b4d9a75e3bd0acff", "header": "Statement of policy", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Appropriate committees of congress \nThe term appropriate committees of Congress means— (A) the Committee on Foreign Relations of the Senate ; and (B) the Committee on Foreign Affairs of the House of Representatives. (2) Secretary \nThe term Secretary means the Secretary of State.", "id": "iddc88ae2f-a6b3-4570-882f-1227a38239ab", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Report on development status in current treaty negotiations \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— (1) identifies all current treaty negotiations in which— (A) the proposed treaty would provide for different treatment or standards for enforcement of the treaty based on respective development status of the states that are party to the treaty; and (B) the People's Republic of China is actively participating in the negotiations, or it is reasonably foreseeable that the People's Republic of China would seek to become a party to the treaty; and (2) for each treaty negotiation identified pursuant to paragraph (1), describes how the treaty under negotiation would provide different treatment or standards for enforcement of the treaty based on development status of the states parties.", "id": "idd13370d2-4c01-457f-9c2f-6e8993b27072", "header": "Report on development status in current treaty negotiations", "nested": [], "links": [] }, { "text": "5. Report on development status in existing organizations and treaties \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— (1) identifies all international organizations or treaties, of which the United States is a member, that provide different treatment or standards for enforcement based on the respective development status of the member states or states parties; (2) describes the mechanisms for changing the country designation for each relevant treaty or organization; and (3) for each of the organizations or treaties identified pursuant to paragraph (1)— (A) includes a list of countries that— (i) are labeled as developing nations or receive the benefits of a developing nation under the terms of the organization or treaty; and (ii) meet the World Bank classification for upper middle income or high-income countries; and (B) describes how the organization or treaty provides different treatment or standards for enforcement based on development status of the member states or states parties.", "id": "idd49636a4-d55a-4e75-a838-c1c6c97e4622", "header": "Report on development status in existing organizations and treaties", "nested": [], "links": [] }, { "text": "6. Mechanisms for changing development status \n(a) In general \nIn any international organization of which the United States and the People's Republic of China are both current members, the Secretary, in consultation with allies and partners of the United States, shall pursue— (1) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or (2) proposing the development of a mechanism described in paragraph (1) to change the status of the People's Republic of China in such organization from developing nation to developed nation. (b) Waiver \nThe President may waive the application of paragraph (1) or (2) of subsection (a) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States.", "id": "idae196eaf-7267-452a-a9dc-20f4a4f55dd0", "header": "Mechanisms for changing development status", "nested": [ { "text": "(a) In general \nIn any international organization of which the United States and the People's Republic of China are both current members, the Secretary, in consultation with allies and partners of the United States, shall pursue— (1) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or (2) proposing the development of a mechanism described in paragraph (1) to change the status of the People's Republic of China in such organization from developing nation to developed nation.", "id": "id0bd3bb0b-89dc-4710-8ca2-d32b98dd8660", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Waiver \nThe President may waive the application of paragraph (1) or (2) of subsection (a) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States.", "id": "id6f21375d-d2f1-4ee7-9513-b8dbe9da014c", "header": "Waiver", "nested": [], "links": [] } ], "links": [] } ]

[ "Asia", "China", "Congressional oversight", "Economic development", "International law and treaties", "International organizations and cooperation", "Sovereignty, recognition, national governance and status" ]

[ { "text": "1. Short title \nThis Act may be cited as the Educational Choice for Children Act.", "id": "HF93A3F5249544BC6BAE0A3E7FF502383", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Tax credit for contributions to scholarship granting organizations \n(a) Credit for individuals \n(1) In general \nSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25E the following new section: 25F. Qualified elementary and secondary education scholarships \n(a) Allowance of credit \nIn the case of an individual who is a citizen or resident of the United States (as defined in section 7701(a)(9)), there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified contributions made by the taxpayer during the taxable year. (b) Amount of credit \nThe credit allowed under subsection (a) in any taxable year shall not exceed an amount equal to the greater of— (1) 10 percent of the adjusted gross income of the taxpayer for the taxable year, or (2) $5,000. (c) Definitions \nFor purposes of this section— (1) Eligible student \nThe term eligible student means an individual who— (A) is a member of a household with an income which is not greater than 300 percent of the area median gross income (as such term is used in section 42), and (B) is eligible to enroll in a public elementary or secondary school. (2) Qualified contribution \nThe term qualified contribution means a charitable contribution (as defined by section 170(c)) to a scholarship granting organization in the form of cash or marketable securities for the purpose of providing scholarships for qualified elementary or secondary education expenses of eligible students. (3) Qualified elementary or secondary education expense \nThe term qualified elementary or secondary education expense has the same meaning given the term qualified higher education expenses under paragraph (3) of section 529(e), except that— (A) such paragraph shall be applied— (i) by substituting elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) for eligible educational institution each place it appears, and (ii) in subparagraph (B) thereof, by substituting such school for such institution each place it appears, and (B) such term shall include tutoring expenses for student academic needs, including for learning loss. (4) Scholarship granting organization \nThe term scholarship granting organization means any organization— (A) which— (i) is described in section 501(c)(3) and exempt from tax under section 501(a), and (ii) is not a private foundation, (B) whose substantial purpose is to provide scholarships for qualified elementary or secondary education expenses of eligible students, (C) (i) which meets the requirements of subsection (d), or (ii) which, pursuant to State law, was able, as of the date of the enactment of the Educational Choice for Children Act , to receive contributions that are eligible for a State tax credit if such contributions are used by the organization to provide scholarships to individual elementary and secondary students, including scholarships for attending private schools, and (D) which, separate from any other funds or contributions received by such organization, maintains and accounts for any contributions made by any person for the purpose of providing scholarships for qualified elementary or secondary education expenses of eligible students. (d) Requirements for scholarship granting organizations \n(1) In general \nAn organization meets the requirements of this subsection if— (A) such organization provides scholarships to 2 or more students, provided that not all such students attend the same school, (B) such organization does not provide scholarships for any expenses other than qualified elementary or secondary education expenses, (C) such organization provides a scholarship to eligible students with a priority for— (i) students awarded a scholarship the previous school year, and (ii) after application of clause (i), any such students who have a sibling who was awarded a scholarship from such organization, (D) such organization does not earmark or set aside contributions for scholarships on behalf of any particular student, (E) such organization takes appropriate steps to verify the annual household income and family size of eligible students to whom it awards scholarships, and limits them to a member of a household for which the income does not exceed the amount established under subsection (c)(1)(A), (F) such organization— (i) obtains from an independent certified public accountant annual financial and compliance audits, and (ii) certifies to the Secretary (at such time, and in such form and manner, as the Secretary may prescribe) that the audit described in clause (i) has been completed, and (G) no officer or board member of such organization has been convicted of a felony. (2) Independent certified public accountant \nFor purposes of paragraph (1)(F), the term independent certified public accountant means, with respect to an organization, a certified public accountant who is not a person described in section 465(b)(3)(A) with respect to such organization or any employee of such organization. (3) Prohibition on self-dealing \n(A) In general \nA scholarship granting organization may not award a scholarship to any disqualified person. (B) Disqualified person \nFor purposes of this paragraph, a disqualified person shall be determined pursuant to rules similar to the rules of section 4946. (e) Denial of double benefit \nAny qualified contribution for which a credit is allowed under this section shall not be taken into account as a charitable contribution for purposes of section 170. (f) Carryforward of unused credit \n(1) In general \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section, section 23, and section 25D), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. (2) Limitation \nNo credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. (g) Application of volume cap \nA qualified contribution shall be taken into account under this section only if such contribution is not in excess of the volume cap established under section 3 of the Educational Choice for Children Act.. (2) Clerical amendment \nThe table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25E the following new item: Sec. 25F. Qualified elementary and secondary education scholarships.. (b) Credit for corporations \n(1) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after section 45Z the following: 45AA. Contributions to scholarship granting organizations \n(a) General rule \nFor purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year. (b) Amount of credit \nThe credit allowed under subsection (a) for any taxable year shall not exceed 5 percent of the taxable income (as defined in section 170(b)(2)(D)) of the corporation for such taxable year. (c) Qualified contributions \nFor purposes of this section, the term qualified contribution has the meaning given such term under section 25F. (d) Denial of double benefit \nNo deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (e) Application of volume cap \nA qualified contribution shall be taken into account under this section only if such contribution is not in excess of the volume cap established under section 3 of the Educational Choice for Children Act.. (2) Conforming amendments \nSection 38(b) of such Code is amended by striking plus at the end of paragraph (39), by striking the period and inserting , plus at the end of paragraph (40), and by adding at the end the following new paragraph: (41) the education scholarship credit determined under section 45AA(a).. (3) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45AA. Contributions to scholarship granting organizations.. (c) Failure of scholarship granting organizations To make distributions \n(1) In general \nChapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: I Scholarship Granting Organizations \nSec. 4969. Failure to distribute receipts. 4969. Failure to distribute receipts \n(a) In general \nIn the case of any scholarship granting organization (as defined in section 25F) which has been determined by the Secretary to have failed to satisfy the requirement under subsection (b) for any taxable year, any contribution made to such organization during the first taxable year beginning after the date of such determination shall not be treated as a qualified contribution (as defined in section 25F(c)(2)) for purposes of sections 25F and 45AA. (b) Requirement \nThe requirement described in this subsection is that the amount of receipts of the scholarship granting organization for the taxable year which are distributed before the distribution deadline with respect to such receipts shall not be less than the required distribution amount with respect to such taxable year. (c) Definitions \nFor purposes of this section— (1) Required distribution amount \n(A) In general \nThe required distribution amount with respect to a taxable year is the amount equal to 100 percent of the total receipts of the scholarship granting organization for such taxable year— (i) reduced by the sum of such receipts that are retained for reasonable administrative expenses for the taxable year or are carried to the succeeding taxable year under subparagraph (C), and (ii) increased by the amount of the carryover under subparagraph (C) from the preceding taxable year. (B) Safe harbor for reasonable administrative expenses \nFor purposes of subparagraph (A)(i), if the percentage of total receipts of a scholarship granting organization for a taxable year which are used for administrative purposes related to activities for providing scholarships for qualified elementary or secondary education expenses of eligible students (as such terms are defined in section 25F(c)) is equal to or less than 10 percent, such expenses shall be deemed to be reasonable for purposes of such subparagraph. (C) Carryover \nWith respect to the amount of the total receipts of a scholarship granting organization with respect to any taxable year, an amount not greater than 15 percent of such amount may, at the election of such organization, be carried to the succeeding taxable year. (2) Distributions \nThe term distribution includes amounts which are formally committed but not distributed. A formal commitment described in the preceding sentence may include contributions set aside for eligible students for more than one year. (3) Distribution deadline \nThe distribution deadline with respect to receipts for a taxable year is the first day of the third taxable year following the taxable year in which such receipts are received by the scholarship granting organization.. (2) Clerical amendment \nThe table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item: Subchapter I. Scholarship Granting Organizations.", "id": "H30AB3832597D423EBF61E8C9DD877F99", "header": "Tax credit for contributions to scholarship granting organizations", "nested": [ { "text": "(a) Credit for individuals \n(1) In general \nSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25E the following new section: 25F. Qualified elementary and secondary education scholarships \n(a) Allowance of credit \nIn the case of an individual who is a citizen or resident of the United States (as defined in section 7701(a)(9)), there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified contributions made by the taxpayer during the taxable year. (b) Amount of credit \nThe credit allowed under subsection (a) in any taxable year shall not exceed an amount equal to the greater of— (1) 10 percent of the adjusted gross income of the taxpayer for the taxable year, or (2) $5,000. (c) Definitions \nFor purposes of this section— (1) Eligible student \nThe term eligible student means an individual who— (A) is a member of a household with an income which is not greater than 300 percent of the area median gross income (as such term is used in section 42), and (B) is eligible to enroll in a public elementary or secondary school. (2) Qualified contribution \nThe term qualified contribution means a charitable contribution (as defined by section 170(c)) to a scholarship granting organization in the form of cash or marketable securities for the purpose of providing scholarships for qualified elementary or secondary education expenses of eligible students. (3) Qualified elementary or secondary education expense \nThe term qualified elementary or secondary education expense has the same meaning given the term qualified higher education expenses under paragraph (3) of section 529(e), except that— (A) such paragraph shall be applied— (i) by substituting elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) for eligible educational institution each place it appears, and (ii) in subparagraph (B) thereof, by substituting such school for such institution each place it appears, and (B) such term shall include tutoring expenses for student academic needs, including for learning loss. (4) Scholarship granting organization \nThe term scholarship granting organization means any organization— (A) which— (i) is described in section 501(c)(3) and exempt from tax under section 501(a), and (ii) is not a private foundation, (B) whose substantial purpose is to provide scholarships for qualified elementary or secondary education expenses of eligible students, (C) (i) which meets the requirements of subsection (d), or (ii) which, pursuant to State law, was able, as of the date of the enactment of the Educational Choice for Children Act , to receive contributions that are eligible for a State tax credit if such contributions are used by the organization to provide scholarships to individual elementary and secondary students, including scholarships for attending private schools, and (D) which, separate from any other funds or contributions received by such organization, maintains and accounts for any contributions made by any person for the purpose of providing scholarships for qualified elementary or secondary education expenses of eligible students. (d) Requirements for scholarship granting organizations \n(1) In general \nAn organization meets the requirements of this subsection if— (A) such organization provides scholarships to 2 or more students, provided that not all such students attend the same school, (B) such organization does not provide scholarships for any expenses other than qualified elementary or secondary education expenses, (C) such organization provides a scholarship to eligible students with a priority for— (i) students awarded a scholarship the previous school year, and (ii) after application of clause (i), any such students who have a sibling who was awarded a scholarship from such organization, (D) such organization does not earmark or set aside contributions for scholarships on behalf of any particular student, (E) such organization takes appropriate steps to verify the annual household income and family size of eligible students to whom it awards scholarships, and limits them to a member of a household for which the income does not exceed the amount established under subsection (c)(1)(A), (F) such organization— (i) obtains from an independent certified public accountant annual financial and compliance audits, and (ii) certifies to the Secretary (at such time, and in such form and manner, as the Secretary may prescribe) that the audit described in clause (i) has been completed, and (G) no officer or board member of such organization has been convicted of a felony. (2) Independent certified public accountant \nFor purposes of paragraph (1)(F), the term independent certified public accountant means, with respect to an organization, a certified public accountant who is not a person described in section 465(b)(3)(A) with respect to such organization or any employee of such organization. (3) Prohibition on self-dealing \n(A) In general \nA scholarship granting organization may not award a scholarship to any disqualified person. (B) Disqualified person \nFor purposes of this paragraph, a disqualified person shall be determined pursuant to rules similar to the rules of section 4946. (e) Denial of double benefit \nAny qualified contribution for which a credit is allowed under this section shall not be taken into account as a charitable contribution for purposes of section 170. (f) Carryforward of unused credit \n(1) In general \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section, section 23, and section 25D), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. (2) Limitation \nNo credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. (g) Application of volume cap \nA qualified contribution shall be taken into account under this section only if such contribution is not in excess of the volume cap established under section 3 of the Educational Choice for Children Act.. (2) Clerical amendment \nThe table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25E the following new item: Sec. 25F. Qualified elementary and secondary education scholarships..", "id": "H33EAF8DA5D0B46E68EBE70A335DB33BE", "header": "Credit for individuals", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "(b) Credit for corporations \n(1) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after section 45Z the following: 45AA. Contributions to scholarship granting organizations \n(a) General rule \nFor purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year. (b) Amount of credit \nThe credit allowed under subsection (a) for any taxable year shall not exceed 5 percent of the taxable income (as defined in section 170(b)(2)(D)) of the corporation for such taxable year. (c) Qualified contributions \nFor purposes of this section, the term qualified contribution has the meaning given such term under section 25F. (d) Denial of double benefit \nNo deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (e) Application of volume cap \nA qualified contribution shall be taken into account under this section only if such contribution is not in excess of the volume cap established under section 3 of the Educational Choice for Children Act.. (2) Conforming amendments \nSection 38(b) of such Code is amended by striking plus at the end of paragraph (39), by striking the period and inserting , plus at the end of paragraph (40), and by adding at the end the following new paragraph: (41) the education scholarship credit determined under section 45AA(a).. (3) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45AA. Contributions to scholarship granting organizations..", "id": "H0BD3D43F3C1C4D1687F24AE1E626CCD3", "header": "Credit for corporations", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(c) Failure of scholarship granting organizations To make distributions \n(1) In general \nChapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: I Scholarship Granting Organizations \nSec. 4969. Failure to distribute receipts. 4969. Failure to distribute receipts \n(a) In general \nIn the case of any scholarship granting organization (as defined in section 25F) which has been determined by the Secretary to have failed to satisfy the requirement under subsection (b) for any taxable year, any contribution made to such organization during the first taxable year beginning after the date of such determination shall not be treated as a qualified contribution (as defined in section 25F(c)(2)) for purposes of sections 25F and 45AA. (b) Requirement \nThe requirement described in this subsection is that the amount of receipts of the scholarship granting organization for the taxable year which are distributed before the distribution deadline with respect to such receipts shall not be less than the required distribution amount with respect to such taxable year. (c) Definitions \nFor purposes of this section— (1) Required distribution amount \n(A) In general \nThe required distribution amount with respect to a taxable year is the amount equal to 100 percent of the total receipts of the scholarship granting organization for such taxable year— (i) reduced by the sum of such receipts that are retained for reasonable administrative expenses for the taxable year or are carried to the succeeding taxable year under subparagraph (C), and (ii) increased by the amount of the carryover under subparagraph (C) from the preceding taxable year. (B) Safe harbor for reasonable administrative expenses \nFor purposes of subparagraph (A)(i), if the percentage of total receipts of a scholarship granting organization for a taxable year which are used for administrative purposes related to activities for providing scholarships for qualified elementary or secondary education expenses of eligible students (as such terms are defined in section 25F(c)) is equal to or less than 10 percent, such expenses shall be deemed to be reasonable for purposes of such subparagraph. (C) Carryover \nWith respect to the amount of the total receipts of a scholarship granting organization with respect to any taxable year, an amount not greater than 15 percent of such amount may, at the election of such organization, be carried to the succeeding taxable year. (2) Distributions \nThe term distribution includes amounts which are formally committed but not distributed. A formal commitment described in the preceding sentence may include contributions set aside for eligible students for more than one year. (3) Distribution deadline \nThe distribution deadline with respect to receipts for a taxable year is the first day of the third taxable year following the taxable year in which such receipts are received by the scholarship granting organization.. (2) Clerical amendment \nThe table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item: Subchapter I. Scholarship Granting Organizations.", "id": "HB3D681973D42465C881CD78C999ED770", "header": "Failure of scholarship granting organizations To make distributions", "nested": [], "links": [ { "text": "Chapter 42", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/42" } ] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "Chapter 42", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/42" } ] }, { "text": "25F. Qualified elementary and secondary education scholarships \n(a) Allowance of credit \nIn the case of an individual who is a citizen or resident of the United States (as defined in section 7701(a)(9)), there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified contributions made by the taxpayer during the taxable year. (b) Amount of credit \nThe credit allowed under subsection (a) in any taxable year shall not exceed an amount equal to the greater of— (1) 10 percent of the adjusted gross income of the taxpayer for the taxable year, or (2) $5,000. (c) Definitions \nFor purposes of this section— (1) Eligible student \nThe term eligible student means an individual who— (A) is a member of a household with an income which is not greater than 300 percent of the area median gross income (as such term is used in section 42), and (B) is eligible to enroll in a public elementary or secondary school. (2) Qualified contribution \nThe term qualified contribution means a charitable contribution (as defined by section 170(c)) to a scholarship granting organization in the form of cash or marketable securities for the purpose of providing scholarships for qualified elementary or secondary education expenses of eligible students. (3) Qualified elementary or secondary education expense \nThe term qualified elementary or secondary education expense has the same meaning given the term qualified higher education expenses under paragraph (3) of section 529(e), except that— (A) such paragraph shall be applied— (i) by substituting elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) for eligible educational institution each place it appears, and (ii) in subparagraph (B) thereof, by substituting such school for such institution each place it appears, and (B) such term shall include tutoring expenses for student academic needs, including for learning loss. (4) Scholarship granting organization \nThe term scholarship granting organization means any organization— (A) which— (i) is described in section 501(c)(3) and exempt from tax under section 501(a), and (ii) is not a private foundation, (B) whose substantial purpose is to provide scholarships for qualified elementary or secondary education expenses of eligible students, (C) (i) which meets the requirements of subsection (d), or (ii) which, pursuant to State law, was able, as of the date of the enactment of the Educational Choice for Children Act , to receive contributions that are eligible for a State tax credit if such contributions are used by the organization to provide scholarships to individual elementary and secondary students, including scholarships for attending private schools, and (D) which, separate from any other funds or contributions received by such organization, maintains and accounts for any contributions made by any person for the purpose of providing scholarships for qualified elementary or secondary education expenses of eligible students. (d) Requirements for scholarship granting organizations \n(1) In general \nAn organization meets the requirements of this subsection if— (A) such organization provides scholarships to 2 or more students, provided that not all such students attend the same school, (B) such organization does not provide scholarships for any expenses other than qualified elementary or secondary education expenses, (C) such organization provides a scholarship to eligible students with a priority for— (i) students awarded a scholarship the previous school year, and (ii) after application of clause (i), any such students who have a sibling who was awarded a scholarship from such organization, (D) such organization does not earmark or set aside contributions for scholarships on behalf of any particular student, (E) such organization takes appropriate steps to verify the annual household income and family size of eligible students to whom it awards scholarships, and limits them to a member of a household for which the income does not exceed the amount established under subsection (c)(1)(A), (F) such organization— (i) obtains from an independent certified public accountant annual financial and compliance audits, and (ii) certifies to the Secretary (at such time, and in such form and manner, as the Secretary may prescribe) that the audit described in clause (i) has been completed, and (G) no officer or board member of such organization has been convicted of a felony. (2) Independent certified public accountant \nFor purposes of paragraph (1)(F), the term independent certified public accountant means, with respect to an organization, a certified public accountant who is not a person described in section 465(b)(3)(A) with respect to such organization or any employee of such organization. (3) Prohibition on self-dealing \n(A) In general \nA scholarship granting organization may not award a scholarship to any disqualified person. (B) Disqualified person \nFor purposes of this paragraph, a disqualified person shall be determined pursuant to rules similar to the rules of section 4946. (e) Denial of double benefit \nAny qualified contribution for which a credit is allowed under this section shall not be taken into account as a charitable contribution for purposes of section 170. (f) Carryforward of unused credit \n(1) In general \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section, section 23, and section 25D), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. (2) Limitation \nNo credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. (g) Application of volume cap \nA qualified contribution shall be taken into account under this section only if such contribution is not in excess of the volume cap established under section 3 of the Educational Choice for Children Act.", "id": "H6AB814E1D2D14EC59F050B71223911D1", "header": "Qualified elementary and secondary education scholarships", "nested": [ { "text": "(a) Allowance of credit \nIn the case of an individual who is a citizen or resident of the United States (as defined in section 7701(a)(9)), there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified contributions made by the taxpayer during the taxable year.", "id": "HB85346D65F254ACFB7BD774F2E25B1A6", "header": "Allowance of credit", "nested": [], "links": [] }, { "text": "(b) Amount of credit \nThe credit allowed under subsection (a) in any taxable year shall not exceed an amount equal to the greater of— (1) 10 percent of the adjusted gross income of the taxpayer for the taxable year, or (2) $5,000.", "id": "id2EC81BCFF6B448B0B01F3B11103BBBDB", "header": "Amount of credit", "nested": [], "links": [] }, { "text": "(c) Definitions \nFor purposes of this section— (1) Eligible student \nThe term eligible student means an individual who— (A) is a member of a household with an income which is not greater than 300 percent of the area median gross income (as such term is used in section 42), and (B) is eligible to enroll in a public elementary or secondary school. (2) Qualified contribution \nThe term qualified contribution means a charitable contribution (as defined by section 170(c)) to a scholarship granting organization in the form of cash or marketable securities for the purpose of providing scholarships for qualified elementary or secondary education expenses of eligible students. (3) Qualified elementary or secondary education expense \nThe term qualified elementary or secondary education expense has the same meaning given the term qualified higher education expenses under paragraph (3) of section 529(e), except that— (A) such paragraph shall be applied— (i) by substituting elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) for eligible educational institution each place it appears, and (ii) in subparagraph (B) thereof, by substituting such school for such institution each place it appears, and (B) such term shall include tutoring expenses for student academic needs, including for learning loss. (4) Scholarship granting organization \nThe term scholarship granting organization means any organization— (A) which— (i) is described in section 501(c)(3) and exempt from tax under section 501(a), and (ii) is not a private foundation, (B) whose substantial purpose is to provide scholarships for qualified elementary or secondary education expenses of eligible students, (C) (i) which meets the requirements of subsection (d), or (ii) which, pursuant to State law, was able, as of the date of the enactment of the Educational Choice for Children Act , to receive contributions that are eligible for a State tax credit if such contributions are used by the organization to provide scholarships to individual elementary and secondary students, including scholarships for attending private schools, and (D) which, separate from any other funds or contributions received by such organization, maintains and accounts for any contributions made by any person for the purpose of providing scholarships for qualified elementary or secondary education expenses of eligible students.", "id": "H4ABFA31179EA4A52A8B5F5E74D7D8DBF", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "(d) Requirements for scholarship granting organizations \n(1) In general \nAn organization meets the requirements of this subsection if— (A) such organization provides scholarships to 2 or more students, provided that not all such students attend the same school, (B) such organization does not provide scholarships for any expenses other than qualified elementary or secondary education expenses, (C) such organization provides a scholarship to eligible students with a priority for— (i) students awarded a scholarship the previous school year, and (ii) after application of clause (i), any such students who have a sibling who was awarded a scholarship from such organization, (D) such organization does not earmark or set aside contributions for scholarships on behalf of any particular student, (E) such organization takes appropriate steps to verify the annual household income and family size of eligible students to whom it awards scholarships, and limits them to a member of a household for which the income does not exceed the amount established under subsection (c)(1)(A), (F) such organization— (i) obtains from an independent certified public accountant annual financial and compliance audits, and (ii) certifies to the Secretary (at such time, and in such form and manner, as the Secretary may prescribe) that the audit described in clause (i) has been completed, and (G) no officer or board member of such organization has been convicted of a felony. (2) Independent certified public accountant \nFor purposes of paragraph (1)(F), the term independent certified public accountant means, with respect to an organization, a certified public accountant who is not a person described in section 465(b)(3)(A) with respect to such organization or any employee of such organization. (3) Prohibition on self-dealing \n(A) In general \nA scholarship granting organization may not award a scholarship to any disqualified person. (B) Disqualified person \nFor purposes of this paragraph, a disqualified person shall be determined pursuant to rules similar to the rules of section 4946.", "id": "HF1C7EAB8CF254C3084E0A89D803814B4", "header": "Requirements for scholarship granting organizations", "nested": [], "links": [] }, { "text": "(e) Denial of double benefit \nAny qualified contribution for which a credit is allowed under this section shall not be taken into account as a charitable contribution for purposes of section 170.", "id": "id14036ddd0b9948fd83796d867ca2f2be", "header": "Denial of double benefit", "nested": [], "links": [] }, { "text": "(f) Carryforward of unused credit \n(1) In general \nIf the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section, section 23, and section 25D), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. (2) Limitation \nNo credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis.", "id": "id3857b0a3e67549759775cf4a4eab09a7", "header": "Carryforward of unused credit", "nested": [], "links": [] }, { "text": "(g) Application of volume cap \nA qualified contribution shall be taken into account under this section only if such contribution is not in excess of the volume cap established under section 3 of the Educational Choice for Children Act.", "id": "HC6920B73A5454029A13F2C051162ABBA", "header": "Application of volume cap", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "45AA. Contributions to scholarship granting organizations \n(a) General rule \nFor purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year. (b) Amount of credit \nThe credit allowed under subsection (a) for any taxable year shall not exceed 5 percent of the taxable income (as defined in section 170(b)(2)(D)) of the corporation for such taxable year. (c) Qualified contributions \nFor purposes of this section, the term qualified contribution has the meaning given such term under section 25F. (d) Denial of double benefit \nNo deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (e) Application of volume cap \nA qualified contribution shall be taken into account under this section only if such contribution is not in excess of the volume cap established under section 3 of the Educational Choice for Children Act.", "id": "H5D2B54060BBF4B7D85E9A6555ABD5486", "header": "Contributions to scholarship granting organizations", "nested": [ { "text": "(a) General rule \nFor purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year.", "id": "H60CED66E63F0496D930BC666C99D6FD6", "header": "General rule", "nested": [], "links": [] }, { "text": "(b) Amount of credit \nThe credit allowed under subsection (a) for any taxable year shall not exceed 5 percent of the taxable income (as defined in section 170(b)(2)(D)) of the corporation for such taxable year.", "id": "id7613AC18FB5B45D3AE44EC46C08F663A", "header": "Amount of credit", "nested": [], "links": [] }, { "text": "(c) Qualified contributions \nFor purposes of this section, the term qualified contribution has the meaning given such term under section 25F.", "id": "HBAF69F5D47104FE7930BB9A959B39021", "header": "Qualified contributions", "nested": [], "links": [] }, { "text": "(d) Denial of double benefit \nNo deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section.", "id": "H62CDD8634D69411E82F32D16B92149B1", "header": "Denial of double benefit", "nested": [], "links": [] }, { "text": "(e) Application of volume cap \nA qualified contribution shall be taken into account under this section only if such contribution is not in excess of the volume cap established under section 3 of the Educational Choice for Children Act.", "id": "HE61ABB821C134B00B8245E7B9D1DC112", "header": "Application of volume cap", "nested": [], "links": [] } ], "links": [] }, { "text": "4969. Failure to distribute receipts \n(a) In general \nIn the case of any scholarship granting organization (as defined in section 25F) which has been determined by the Secretary to have failed to satisfy the requirement under subsection (b) for any taxable year, any contribution made to such organization during the first taxable year beginning after the date of such determination shall not be treated as a qualified contribution (as defined in section 25F(c)(2)) for purposes of sections 25F and 45AA. (b) Requirement \nThe requirement described in this subsection is that the amount of receipts of the scholarship granting organization for the taxable year which are distributed before the distribution deadline with respect to such receipts shall not be less than the required distribution amount with respect to such taxable year. (c) Definitions \nFor purposes of this section— (1) Required distribution amount \n(A) In general \nThe required distribution amount with respect to a taxable year is the amount equal to 100 percent of the total receipts of the scholarship granting organization for such taxable year— (i) reduced by the sum of such receipts that are retained for reasonable administrative expenses for the taxable year or are carried to the succeeding taxable year under subparagraph (C), and (ii) increased by the amount of the carryover under subparagraph (C) from the preceding taxable year. (B) Safe harbor for reasonable administrative expenses \nFor purposes of subparagraph (A)(i), if the percentage of total receipts of a scholarship granting organization for a taxable year which are used for administrative purposes related to activities for providing scholarships for qualified elementary or secondary education expenses of eligible students (as such terms are defined in section 25F(c)) is equal to or less than 10 percent, such expenses shall be deemed to be reasonable for purposes of such subparagraph. (C) Carryover \nWith respect to the amount of the total receipts of a scholarship granting organization with respect to any taxable year, an amount not greater than 15 percent of such amount may, at the election of such organization, be carried to the succeeding taxable year. (2) Distributions \nThe term distribution includes amounts which are formally committed but not distributed. A formal commitment described in the preceding sentence may include contributions set aside for eligible students for more than one year. (3) Distribution deadline \nThe distribution deadline with respect to receipts for a taxable year is the first day of the third taxable year following the taxable year in which such receipts are received by the scholarship granting organization.", "id": "H69A7850723BA44BAA7A218A62457EA24", "header": "Failure to distribute receipts", "nested": [ { "text": "(a) In general \nIn the case of any scholarship granting organization (as defined in section 25F) which has been determined by the Secretary to have failed to satisfy the requirement under subsection (b) for any taxable year, any contribution made to such organization during the first taxable year beginning after the date of such determination shall not be treated as a qualified contribution (as defined in section 25F(c)(2)) for purposes of sections 25F and 45AA.", "id": "H4F90C9AF700B4FDE931B0342726542C1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirement \nThe requirement described in this subsection is that the amount of receipts of the scholarship granting organization for the taxable year which are distributed before the distribution deadline with respect to such receipts shall not be less than the required distribution amount with respect to such taxable year.", "id": "HD731DAB8A79340B5854E82A59BA1A0A0", "header": "Requirement", "nested": [], "links": [] }, { "text": "(c) Definitions \nFor purposes of this section— (1) Required distribution amount \n(A) In general \nThe required distribution amount with respect to a taxable year is the amount equal to 100 percent of the total receipts of the scholarship granting organization for such taxable year— (i) reduced by the sum of such receipts that are retained for reasonable administrative expenses for the taxable year or are carried to the succeeding taxable year under subparagraph (C), and (ii) increased by the amount of the carryover under subparagraph (C) from the preceding taxable year. (B) Safe harbor for reasonable administrative expenses \nFor purposes of subparagraph (A)(i), if the percentage of total receipts of a scholarship granting organization for a taxable year which are used for administrative purposes related to activities for providing scholarships for qualified elementary or secondary education expenses of eligible students (as such terms are defined in section 25F(c)) is equal to or less than 10 percent, such expenses shall be deemed to be reasonable for purposes of such subparagraph. (C) Carryover \nWith respect to the amount of the total receipts of a scholarship granting organization with respect to any taxable year, an amount not greater than 15 percent of such amount may, at the election of such organization, be carried to the succeeding taxable year. (2) Distributions \nThe term distribution includes amounts which are formally committed but not distributed. A formal commitment described in the preceding sentence may include contributions set aside for eligible students for more than one year. (3) Distribution deadline \nThe distribution deadline with respect to receipts for a taxable year is the first day of the third taxable year following the taxable year in which such receipts are received by the scholarship granting organization.", "id": "H09682ECDC38546DAA1E42E56F0A4E75A", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Volume cap \n(a) Allocation \n(1) In general \nFor purposes of sections 25F(g) and 45AA(e) of the Internal Revenue Code of 1986 (as added by this Act), the volume cap applicable with respect to both such sections shall be $10,000,000,000 for calendar year 2024 and each subsequent year thereafter, with such amount to be allocated as follows: (A) $20,000,000 shall be allocated to each State (as defined in section 7701(a)(10) of the Internal Revenue Code of 1986), with such amount to be made available, in the manner described in subsection (b), for— (i) any individual residing in such State to claim the credit allowed under section 25F of the Internal Revenue Code of 1986 with respect to any qualified contributions (as defined in such section) made by such individual during any taxable year beginning during such calendar year, and (ii) any corporation created or organized in such State to claim the credit determined under section 45AA of such Code with respect to any qualified contributions made by such corporation during any taxable year beginning during such calendar year. (B) With respect to the amount remaining after the allocation under subparagraph (A), such amount (as adjusted pursuant to paragraph (3)) shall be made available, in the manner described in subsection (b), for— (i) any individual to claim the credit allowed under section 25F of the Internal Revenue Code of 1986 with respect to any qualified contributions made by such individual during any taxable year beginning during such calendar year, and (ii) any corporation to claim the credit determined under section 45AA of such Code with respect to any qualified contributions made by such corporation during any taxable year beginning during such calendar year. (2) Carryover \nThe amount of any allotment to a State under paragraph (1)(A) for any calendar year which is not claimed by taxpayers described in such paragraph during such calendar year shall be added to the allotment provided under paragraph (1)(B) for the subsequent calendar year. (3) Increase in nationwide volume cap \nFor purposes of paragraph (1)(B), if the Secretary determines during any calendar year that the amount of qualified contributions made during such calendar year is equal to or greater than 90 percent of the total amount made available under such paragraph for such calendar year, such amount shall be increased by an amount equal to 5 percent of the total amount made available under such paragraph as of January 1 of such calendar year, with such increase to remain in effect for the subsequent calendar year. (b) First-Come, first-Serve \nFor purposes of applying the volume cap under this section, such volume cap shall be applied based on a first-come, first-serve basis, as determined based on the date on which the taxpayer made the qualified contribution. (c) Real-Time information \nFor purposes of this section, the Secretary of the Treasury (or the Secretary's delegate) shall develop a system to track the amount of qualified contributions made during the calendar year for which a credit may be claimed under section 25F or 45AA of the Internal Revenue Code of 1986, with such information to be updated in real time.", "id": "H72BE58DD088644F3A7DFD515895A879A", "header": "Volume cap", "nested": [ { "text": "(a) Allocation \n(1) In general \nFor purposes of sections 25F(g) and 45AA(e) of the Internal Revenue Code of 1986 (as added by this Act), the volume cap applicable with respect to both such sections shall be $10,000,000,000 for calendar year 2024 and each subsequent year thereafter, with such amount to be allocated as follows: (A) $20,000,000 shall be allocated to each State (as defined in section 7701(a)(10) of the Internal Revenue Code of 1986), with such amount to be made available, in the manner described in subsection (b), for— (i) any individual residing in such State to claim the credit allowed under section 25F of the Internal Revenue Code of 1986 with respect to any qualified contributions (as defined in such section) made by such individual during any taxable year beginning during such calendar year, and (ii) any corporation created or organized in such State to claim the credit determined under section 45AA of such Code with respect to any qualified contributions made by such corporation during any taxable year beginning during such calendar year. (B) With respect to the amount remaining after the allocation under subparagraph (A), such amount (as adjusted pursuant to paragraph (3)) shall be made available, in the manner described in subsection (b), for— (i) any individual to claim the credit allowed under section 25F of the Internal Revenue Code of 1986 with respect to any qualified contributions made by such individual during any taxable year beginning during such calendar year, and (ii) any corporation to claim the credit determined under section 45AA of such Code with respect to any qualified contributions made by such corporation during any taxable year beginning during such calendar year. (2) Carryover \nThe amount of any allotment to a State under paragraph (1)(A) for any calendar year which is not claimed by taxpayers described in such paragraph during such calendar year shall be added to the allotment provided under paragraph (1)(B) for the subsequent calendar year. (3) Increase in nationwide volume cap \nFor purposes of paragraph (1)(B), if the Secretary determines during any calendar year that the amount of qualified contributions made during such calendar year is equal to or greater than 90 percent of the total amount made available under such paragraph for such calendar year, such amount shall be increased by an amount equal to 5 percent of the total amount made available under such paragraph as of January 1 of such calendar year, with such increase to remain in effect for the subsequent calendar year.", "id": "HA100135ACE574EE1AD531D2347B732FB", "header": "Allocation", "nested": [], "links": [ { "text": "section 7701(a)(10)", "legal-doc": "usc", "parsable-cite": "usc/26/7701" }, { "text": "section 25F", "legal-doc": "usc", "parsable-cite": "usc/26/25F" }, { "text": "section 25F", "legal-doc": "usc", "parsable-cite": "usc/26/25F" } ] }, { "text": "(b) First-Come, first-Serve \nFor purposes of applying the volume cap under this section, such volume cap shall be applied based on a first-come, first-serve basis, as determined based on the date on which the taxpayer made the qualified contribution.", "id": "idE91E50AABC0E420AACD929A4DEC0B7C8", "header": "First-Come, first-Serve", "nested": [], "links": [] }, { "text": "(c) Real-Time information \nFor purposes of this section, the Secretary of the Treasury (or the Secretary's delegate) shall develop a system to track the amount of qualified contributions made during the calendar year for which a credit may be claimed under section 25F or 45AA of the Internal Revenue Code of 1986, with such information to be updated in real time.", "id": "H7AE3791493234CEC84BA97AF5BE4DFDD", "header": "Real-Time information", "nested": [], "links": [] } ], "links": [ { "text": "section 7701(a)(10)", "legal-doc": "usc", "parsable-cite": "usc/26/7701" }, { "text": "section 25F", "legal-doc": "usc", "parsable-cite": "usc/26/25F" }, { "text": "section 25F", "legal-doc": "usc", "parsable-cite": "usc/26/25F" } ] }, { "text": "4. Exemption from gross income for scholarships for qualified elementary or secondary education expenses of eligible students \n(a) In general \nPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: 139J. Scholarships for qualified elementary or secondary education expenses of eligible students \n(a) In general \nIn the case of an individual, gross income shall not include any amounts provided to any dependent of such individual pursuant to a scholarship for qualified elementary or secondary education expenses of an eligible student which is provided by a scholarship granting organization. (b) Definitions \nIn this section, the terms qualified elementary or secondary education expense , eligible student , and scholarship granting organization have the same meaning given such terms under section 25F(c).. (b) Conforming amendment \nThe table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 140 the following new item: Sec. 139J. Scholarships for qualified elementary or secondary education expenses of eligible students..", "id": "idE15A79121E454E54BE8B1087CFB65EB5", "header": "Exemption from gross income for scholarships for qualified elementary or secondary education expenses of eligible students", "nested": [ { "text": "(a) In general \nPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: 139J. Scholarships for qualified elementary or secondary education expenses of eligible students \n(a) In general \nIn the case of an individual, gross income shall not include any amounts provided to any dependent of such individual pursuant to a scholarship for qualified elementary or secondary education expenses of an eligible student which is provided by a scholarship granting organization. (b) Definitions \nIn this section, the terms qualified elementary or secondary education expense , eligible student , and scholarship granting organization have the same meaning given such terms under section 25F(c)..", "id": "idBA028EE80C2C44098AE00FEDC0C83FBA", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Conforming amendment \nThe table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 140 the following new item: Sec. 139J. Scholarships for qualified elementary or secondary education expenses of eligible students..", "id": "idAE77455386A5465991C44F8CD993A724", "header": "Conforming amendment", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "139J. Scholarships for qualified elementary or secondary education expenses of eligible students \n(a) In general \nIn the case of an individual, gross income shall not include any amounts provided to any dependent of such individual pursuant to a scholarship for qualified elementary or secondary education expenses of an eligible student which is provided by a scholarship granting organization. (b) Definitions \nIn this section, the terms qualified elementary or secondary education expense , eligible student , and scholarship granting organization have the same meaning given such terms under section 25F(c).", "id": "idA65D73086DB2459C9A1B1F937AB3689C", "header": "Scholarships for qualified elementary or secondary education expenses of eligible students", "nested": [ { "text": "(a) In general \nIn the case of an individual, gross income shall not include any amounts provided to any dependent of such individual pursuant to a scholarship for qualified elementary or secondary education expenses of an eligible student which is provided by a scholarship granting organization.", "id": "idB68A86DD701240FF9773518FEC679C3B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section, the terms qualified elementary or secondary education expense , eligible student , and scholarship granting organization have the same meaning given such terms under section 25F(c).", "id": "id7DC3663E1B5244AA8153236F428FD7F8", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Organizational and parental autonomy \n(a) Prohibition of control over scholarship organizations \n(1) In general \n(A) Treatment \nA scholarship granting organization shall not, by virtue of participation under any provision of this Act or any amendment made by this Act, be regarded as acting on behalf of any governmental entity. (B) No governmental control \nNothing in this Act, or any amendment made by this Act, shall be construed to permit, allow, encourage, or authorize any Federal, State, or local government entity, or officer or employee thereof, to mandate, direct, or control any aspect of any scholarship granting organization. (C) Maximum freedom \nTo the extent permissible by law, this Act, and any amendment made by this Act, shall be construed to allow scholarship granting organizations maximum freedom to provide for the needs of the participants without governmental control. (2) Prohibition of control over non-public schools \n(A) No governmental control \nNothing in this Act, or any amendment made by this Act, shall be construed to permit, allow, encourage, or authorize any Federal, State, or local government entity, or officer or employee thereof, to mandate, direct, or control any aspect of any private or religious elementary or secondary education institution. (B) No exclusion of private or religious schools \nNo Federal, State, or local government entity, or officer or employee thereof, shall impose or permit the imposition of any conditions or requirements that would exclude or operate to exclude educational expenses at private or religious elementary and secondary education institutions from being considered qualified elementary or secondary education expenses. (C) No exclusion of qualified expenses due to institution's religious character or affiliation \nNo Federal, State, or local government entity, or officer or employee thereof, shall exclude, discriminate against, or otherwise disadvantage any elementary or secondary education institution with respect to qualified elementary or secondary education expenses at that institution based in whole or in part on the institution’s religious character or affiliation, including religiously based or mission-based policies or practices. (3) Parental rights to use scholarships \nNo Federal, State, or local government entity, or officer or employee thereof, shall disfavor or discourage the use of scholarships granted by participating scholarship granting organizations for qualified elementary or secondary education expenses at private or nonprofit elementary and secondary education institutions, including faith-based schools. (4) Parental right to intervene \nIn any action filed in any State or Federal court which challenges the constitutionality (under the constitution of such State or the Constitution of the United States) of any provision of this Act (or any amendment made by this Act), any parent of an eligible student who has received a scholarship from a scholarship granting organization shall have the right to intervene in support of the constitutionality of such provision or amendment. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument, provided that the court does not require such interveners to join any brief filed on behalf of any State which is a defendant in such action. (b) Definitions \nFor purposes of this section, the terms eligible student , scholarship granting organization , and qualified elementary or secondary education expense shall have the same meanings given such terms under section 25F(c) of the Internal Revenue Code of 1986 (as added by section 2(a) of this Act).", "id": "idd9212164b11e4d92b45383c9496e0586", "header": "Organizational and parental autonomy", "nested": [ { "text": "(a) Prohibition of control over scholarship organizations \n(1) In general \n(A) Treatment \nA scholarship granting organization shall not, by virtue of participation under any provision of this Act or any amendment made by this Act, be regarded as acting on behalf of any governmental entity. (B) No governmental control \nNothing in this Act, or any amendment made by this Act, shall be construed to permit, allow, encourage, or authorize any Federal, State, or local government entity, or officer or employee thereof, to mandate, direct, or control any aspect of any scholarship granting organization. (C) Maximum freedom \nTo the extent permissible by law, this Act, and any amendment made by this Act, shall be construed to allow scholarship granting organizations maximum freedom to provide for the needs of the participants without governmental control. (2) Prohibition of control over non-public schools \n(A) No governmental control \nNothing in this Act, or any amendment made by this Act, shall be construed to permit, allow, encourage, or authorize any Federal, State, or local government entity, or officer or employee thereof, to mandate, direct, or control any aspect of any private or religious elementary or secondary education institution. (B) No exclusion of private or religious schools \nNo Federal, State, or local government entity, or officer or employee thereof, shall impose or permit the imposition of any conditions or requirements that would exclude or operate to exclude educational expenses at private or religious elementary and secondary education institutions from being considered qualified elementary or secondary education expenses. (C) No exclusion of qualified expenses due to institution's religious character or affiliation \nNo Federal, State, or local government entity, or officer or employee thereof, shall exclude, discriminate against, or otherwise disadvantage any elementary or secondary education institution with respect to qualified elementary or secondary education expenses at that institution based in whole or in part on the institution’s religious character or affiliation, including religiously based or mission-based policies or practices. (3) Parental rights to use scholarships \nNo Federal, State, or local government entity, or officer or employee thereof, shall disfavor or discourage the use of scholarships granted by participating scholarship granting organizations for qualified elementary or secondary education expenses at private or nonprofit elementary and secondary education institutions, including faith-based schools. (4) Parental right to intervene \nIn any action filed in any State or Federal court which challenges the constitutionality (under the constitution of such State or the Constitution of the United States) of any provision of this Act (or any amendment made by this Act), any parent of an eligible student who has received a scholarship from a scholarship granting organization shall have the right to intervene in support of the constitutionality of such provision or amendment. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument, provided that the court does not require such interveners to join any brief filed on behalf of any State which is a defendant in such action.", "id": "idb4ffc41ebe1c47c9a3c5d26b1cc076b0", "header": "Prohibition of control over scholarship organizations", "nested": [], "links": [] }, { "text": "(b) Definitions \nFor purposes of this section, the terms eligible student , scholarship granting organization , and qualified elementary or secondary education expense shall have the same meanings given such terms under section 25F(c) of the Internal Revenue Code of 1986 (as added by section 2(a) of this Act).", "id": "idF57A6EB64BAE4F5BA33CB3D5B109B4BB", "header": "Definitions", "nested": [], "links": [ { "text": "section 25F(c)", "legal-doc": "usc", "parsable-cite": "usc/26/25F" } ] } ], "links": [ { "text": "section 25F(c)", "legal-doc": "usc", "parsable-cite": "usc/26/25F" } ] }, { "text": "6. Effective date \nThe amendments made by this Act shall apply to taxable years beginning after December 31, 2023.", "id": "idD47714722DF34122BB9FF244EBEE0C45", "header": "Effective date", "nested": [], "links": [] } ]

[ "Charitable contributions", "Elementary and secondary education", "Income tax credits", "Student aid and college costs", "Tax-exempt organizations" ]

[ { "text": "1. Extension of FCC auction authority \nSection 309(j)(11) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(11) ) is amended by striking March 9, 2023 and inserting September 30, 2023.", "id": "H8FC0CB9B17C74AEEAACA1C2BE7E1629A", "header": "Extension of FCC auction authority", "nested": [], "links": [ { "text": "47 U.S.C. 309(j)(11)", "legal-doc": "usc", "parsable-cite": "usc/47/309" } ] } ]

[ "Licensing and registrations", "Radio spectrum allocation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Educational Opportunities Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Tax credit for contributions to scholarship granting organizations \n(a) Credit for individuals \n(1) In general \nSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25E the following new section: 25F. Contributions for qualified elementary and secondary education tuition \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified contributions made by the taxpayer during the taxable year. (b) Dollar limitation \nThe amount allowed as a credit under subsection (a) with respect to any taxpayer shall not exceed— (1) $2,250, in the case of a married individual filing a separate return, and (2) $4,500, in any other case. (c) Qualified contributions; other definitions \nFor purposes of this section— (1) Qualified contribution \nThe term qualified contribution means a charitable contribution (as defined by section 170(c)) to a scholarship granting organization. (2) Scholarship granting organization \nThe term scholarship granting organization means any organization— (A) which is described in section 501(c)(3) and exempt from tax under section 501(a), (B) whose exclusive purpose is to provide scholarships for the qualified elementary and secondary education expenses of eligible students, and (C) which meets the requirements of subsection (d). (3) Eligible student \nThe term eligible student means an individual— (A) who is enrolled in a school (within the meaning of section 530(b)(3)(B), after the application of paragraph (4)(B)), and (B) who is a member of a household with a total annual household income which does not exceed 250 percent of the Federal poverty guidelines (as determined by the Secretary of Health and Human Services). (4) Qualified elementary and secondary education expenses \nThe term qualified elementary and secondary education expenses has the meaning given such term by section 530(b)(3), except that— (A) child shall be substituted for beneficiary and a child shall be substituted for the designated beneficiary of the trust in clauses (i) and (iii) of subparagraph (A) thereof, and (B) in applying such paragraph, the term school shall only include schools which— (i) charge tuition for attendance, (ii) comply with all applicable State laws, including laws relating to unlawful discrimination, health and safety requirements, and criminal background checks of employees, and (iii) agree to provide annual reports as described in subsection (e) to the scholarship granting organization and to the parents or guardians of eligible students receiving a scholarship from the scholarship granting organization. (5) Scholarship \nThe term scholarship does not include any payment to fulfill or fund any obligation or project of any school or school system to provide a free, appropriate public education. (d) Requirements for scholarship granting organizations \nAn organization meets the requirements of this section if— (1) such organization does not provide grants to eligible students for any expenses other than qualified elementary and secondary education expenses, (2) such organization provides grants to— (A) more than 1 student, and (B) students attending more than 1 school, (3) such organization does not earmark or set aside contributions for scholarships on behalf of any particular student or to any specific school or group of schools, (4) such organization takes appropriate steps to verify the annual household income and family size of eligible students to which it provides grants, (5) such organization obtains annual audits from an independent certified public accountant and submits such audits to the Secretary, (6) no employee of such organization has violated any law relating to the audit described in paragraph (4), and (7) such organization— (A) requires any eligible student who receives a scholarship— (i) to participate in the evaluation conducted by the Institute of Education Science under section 2(d) of the Educational Opportunities Act of 2023 , and (ii) to permit such organization to share assessment information and other data regarding the student with the Institute in accordance with subparagraph (B), and (B) provides the reports described in subsection (e)(1)(C) and such other information as necessary to the Director of the Institute of Education Science for the purposes of identifying eligible students receiving a scholarship from such organization and conducting the evaluations and reports required under section 2(d) of the Educational Opportunities Act of 2023. For purposes of paragraph (5), the term independent certified public accountant means, with respect to an organization, a certified public accountant which is not a related person (within the meaning of section 465(b)(3)(C)) with respect to such organization or any employee of such organization. (e) Eligible school reporting requirement \n(1) In general \nThe reports described in this subsection include— (A) a report to the parents on the student’s academic achievement, including a comparison with the aggregate academic achievement of other students in the same grade or level at the school who receive a scholarship from a scholarship granting organization, if available, and (B) a report to each scholarship granting organization that provides scholarships to students at the school, including— (i) the test results, in the aggregate and disaggregated by race or ethnicity and grade level, of the students receiving such scholarships who are in grades 3 through 12 on a grade-appropriate nationally norm-referenced standardized test, or a grade-appropriate State-recognized assessment, and (ii) any additional data requested by the Director of the Institute of Education Sciences in accordance with section 2(d)(B) of the Educational Opportunities Act of 2023. (2) No personally identifiable information \nIn preparing and submitting the report described in paragraph (1)(B), a school shall not include any personally identifiable information regarding a student. (f) Denial of double benefit \nNo deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (g) Election \nThis section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.. (2) Clerical amendment \nThe table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25E the following new item: Sec. 25F. Contributions for qualified elementary and secondary education tuition.. (b) Credit for corporations \n(1) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45AA. Contributions to scholarship granting organizations \n(a) General rule \nFor purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year. (b) Limitation \nThe amount of the credit determined under this section for any taxable year shall not exceed $100,000. (c) Qualified contributions \nFor purposes of this section, the term qualified contribution has the meaning given such term under section 25F. (d) Denial of double benefit \nNo deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (e) Election \nThis section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.. (2) Conforming amendments \n(A) Section 38(b) of such Code is amended by striking plus at the end of paragraph (39), by striking the period at the end of paragraph (40) and inserting , plus , and by adding at the end the following new paragraph: (41) the education scholarship credit determined under section 45AA(a).. (B) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45AA. Contributions to scholarship granting organizations.. (c) Excise tax on failure of scholarship granting organizations to make distributions \n(1) In general \nChapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: I Scholarship granting organizations \nSec. 4969. Tax on failure to distribute receipts. 4969. Tax on failure to distribute receipts \n(a) Tax imposed \nThere is hereby imposed a tax on the failure of an scholarship granting organization (as defined in section 25F(c)(2)) to make distributions in any taxable year in an amount equal to or in excess of the required distribution amount before the distribution deadline. (b) Amount of tax \nThe tax imposed by subsection (a) shall be equal to 15 percent of the excess (if any) of— (1) the required distribution amount with respect to the taxable year, over (2) the amount of receipts of the scholarship granting organization for such taxable year which are distributed before the distribution deadline with respect to such receipts. (c) Definitions \nFor purposes of this section— (1) Required distribution amount \nThe required distribution amount with respect to a taxable year is an amount equal to 90 percent of the total receipts of the scholarship granting organization for such taxable year. (2) Distributions \nThe term distribution includes amounts which are formally committed but not distributed. (3) Distribution deadline \nThe distribution deadline with respect to receipts for a taxable year is the first day of the second taxable year following the taxable year in which such receipts are received by the scholarship granting organization. (d) Reasonable cause exception \nThe tax imposed by subsection (a) shall not apply with respect to any failure to make required distributions before the distribution deadline which is not willful and is due to reasonable cause.. (2) Abatement of tax \n(A) General rule \nSubsection (b) of section 4962 of such Code is amended by striking or G and inserting G, or I. (B) First tier tax \nSubsection (a) of section 4963 of such Code is amended by inserting 4969, after 4967,. (C) Taxable event \nSubsection (c) of section 4963 of such Code is amended by inserting 4969, after 4967,. (3) Correction period \nSubparagraph (A) of section 4963(e)(2) of such Code is amended by inserting or 4969 after 4942. (4) Conforming amendment \nThe table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item: Subchapter I—Scholarship granting organizations. (d) Evaluations \n(1) Definitions \nIn this section— (A) the terms eligible student , qualified elementary and secondary education expenses , and scholarship granting organization have the meanings given such terms in section 25F(c) of the Internal Revenue Code of 1986, as added by this Act; (B) the term Director means the Director of the Institute of Education Sciences; and (C) the term participating student means an eligible student who receives a scholarship for qualified elementary and secondary education expenses from a scholarship granting organization. (2) Evaluations \n(A) In general \nBy not later than April 1 of the year following the year of the date of enactment of this Act, and by April 1 of each subsequent year, the Director shall conduct an annual evaluation to determine the effectiveness of scholarships provided by scholarship granting organizations to eligible students in improving the academic achievement and success of the eligible students. (B) Contents of the evaluation \nIn conducting the evaluation required under this subsection, the Director shall— (i) request, from each scholarship granting organization, the reports provided to the scholarship granting organization by the schools accepting participating students, in accordance with section 25F(e)(1)(B); (ii) using the reports described in clause (i), assess the academic achievement of all participating students in grades 3 through 12, based on the nationally norm-referenced standardized test or State-recognized assessment used by each school; (iii) evaluate the school retention rates, secondary school graduation rates, and institution of higher education admission rates of participating students; (iv) evaluate the success of the tax credits allowed under section 25F and 45AA of the Internal Revenue Code of 1986, as added by this Act, in expanding school choice options for parents of participating students, increasing the satisfaction of such parents and students, and increasing parental involvement of such parents in the education of their students; and (v) evaluate such other issues with respect to the education of participating students as the Director considers appropriate for inclusion in the evaluation. (3) Reports \nBy not later than April 1 of the year after the year of the first evaluation under paragraph (2), and by April 1 of each subsequent year, the Director shall submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Ways and Means and the Committee on Education and the Workforce of the House of Representatives, an annual report on scholarships provided by scholarship granting organizations that incorporates the results of the most recent evaluation described in paragraph (2). (4) Prohibition \nNo personally identifiable information shall be disclosed in the data, evaluations, and reports required under this subsection. (5) Public availability \nThe Director shall make all evaluations, reports, and underlying data gathered pursuant to this subsection available to the public, upon request and in a timely manner following submission of the applicable report or evaluation under this subsection, subject to paragraph (4). (e) Effective date \nThe amendments made by subsections (a), (b), and (c) shall apply to taxable years beginning after December 31, 2022.", "id": "idf665f75651e84c0bb4563ae7507bde19", "header": "Tax credit for contributions to scholarship granting organizations", "nested": [ { "text": "(a) Credit for individuals \n(1) In general \nSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25E the following new section: 25F. Contributions for qualified elementary and secondary education tuition \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified contributions made by the taxpayer during the taxable year. (b) Dollar limitation \nThe amount allowed as a credit under subsection (a) with respect to any taxpayer shall not exceed— (1) $2,250, in the case of a married individual filing a separate return, and (2) $4,500, in any other case. (c) Qualified contributions; other definitions \nFor purposes of this section— (1) Qualified contribution \nThe term qualified contribution means a charitable contribution (as defined by section 170(c)) to a scholarship granting organization. (2) Scholarship granting organization \nThe term scholarship granting organization means any organization— (A) which is described in section 501(c)(3) and exempt from tax under section 501(a), (B) whose exclusive purpose is to provide scholarships for the qualified elementary and secondary education expenses of eligible students, and (C) which meets the requirements of subsection (d). (3) Eligible student \nThe term eligible student means an individual— (A) who is enrolled in a school (within the meaning of section 530(b)(3)(B), after the application of paragraph (4)(B)), and (B) who is a member of a household with a total annual household income which does not exceed 250 percent of the Federal poverty guidelines (as determined by the Secretary of Health and Human Services). (4) Qualified elementary and secondary education expenses \nThe term qualified elementary and secondary education expenses has the meaning given such term by section 530(b)(3), except that— (A) child shall be substituted for beneficiary and a child shall be substituted for the designated beneficiary of the trust in clauses (i) and (iii) of subparagraph (A) thereof, and (B) in applying such paragraph, the term school shall only include schools which— (i) charge tuition for attendance, (ii) comply with all applicable State laws, including laws relating to unlawful discrimination, health and safety requirements, and criminal background checks of employees, and (iii) agree to provide annual reports as described in subsection (e) to the scholarship granting organization and to the parents or guardians of eligible students receiving a scholarship from the scholarship granting organization. (5) Scholarship \nThe term scholarship does not include any payment to fulfill or fund any obligation or project of any school or school system to provide a free, appropriate public education. (d) Requirements for scholarship granting organizations \nAn organization meets the requirements of this section if— (1) such organization does not provide grants to eligible students for any expenses other than qualified elementary and secondary education expenses, (2) such organization provides grants to— (A) more than 1 student, and (B) students attending more than 1 school, (3) such organization does not earmark or set aside contributions for scholarships on behalf of any particular student or to any specific school or group of schools, (4) such organization takes appropriate steps to verify the annual household income and family size of eligible students to which it provides grants, (5) such organization obtains annual audits from an independent certified public accountant and submits such audits to the Secretary, (6) no employee of such organization has violated any law relating to the audit described in paragraph (4), and (7) such organization— (A) requires any eligible student who receives a scholarship— (i) to participate in the evaluation conducted by the Institute of Education Science under section 2(d) of the Educational Opportunities Act of 2023 , and (ii) to permit such organization to share assessment information and other data regarding the student with the Institute in accordance with subparagraph (B), and (B) provides the reports described in subsection (e)(1)(C) and such other information as necessary to the Director of the Institute of Education Science for the purposes of identifying eligible students receiving a scholarship from such organization and conducting the evaluations and reports required under section 2(d) of the Educational Opportunities Act of 2023. For purposes of paragraph (5), the term independent certified public accountant means, with respect to an organization, a certified public accountant which is not a related person (within the meaning of section 465(b)(3)(C)) with respect to such organization or any employee of such organization. (e) Eligible school reporting requirement \n(1) In general \nThe reports described in this subsection include— (A) a report to the parents on the student’s academic achievement, including a comparison with the aggregate academic achievement of other students in the same grade or level at the school who receive a scholarship from a scholarship granting organization, if available, and (B) a report to each scholarship granting organization that provides scholarships to students at the school, including— (i) the test results, in the aggregate and disaggregated by race or ethnicity and grade level, of the students receiving such scholarships who are in grades 3 through 12 on a grade-appropriate nationally norm-referenced standardized test, or a grade-appropriate State-recognized assessment, and (ii) any additional data requested by the Director of the Institute of Education Sciences in accordance with section 2(d)(B) of the Educational Opportunities Act of 2023. (2) No personally identifiable information \nIn preparing and submitting the report described in paragraph (1)(B), a school shall not include any personally identifiable information regarding a student. (f) Denial of double benefit \nNo deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (g) Election \nThis section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.. (2) Clerical amendment \nThe table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25E the following new item: Sec. 25F. Contributions for qualified elementary and secondary education tuition..", "id": "ide2288aecd86d4fcbad63359b9e2894b5", "header": "Credit for individuals", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Credit for corporations \n(1) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45AA. Contributions to scholarship granting organizations \n(a) General rule \nFor purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year. (b) Limitation \nThe amount of the credit determined under this section for any taxable year shall not exceed $100,000. (c) Qualified contributions \nFor purposes of this section, the term qualified contribution has the meaning given such term under section 25F. (d) Denial of double benefit \nNo deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (e) Election \nThis section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.. (2) Conforming amendments \n(A) Section 38(b) of such Code is amended by striking plus at the end of paragraph (39), by striking the period at the end of paragraph (40) and inserting , plus , and by adding at the end the following new paragraph: (41) the education scholarship credit determined under section 45AA(a).. (B) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45AA. Contributions to scholarship granting organizations..", "id": "idD975ED8DCFF54A13BDB0F1B7970D2D36", "header": "Credit for corporations", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(c) Excise tax on failure of scholarship granting organizations to make distributions \n(1) In general \nChapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: I Scholarship granting organizations \nSec. 4969. Tax on failure to distribute receipts. 4969. Tax on failure to distribute receipts \n(a) Tax imposed \nThere is hereby imposed a tax on the failure of an scholarship granting organization (as defined in section 25F(c)(2)) to make distributions in any taxable year in an amount equal to or in excess of the required distribution amount before the distribution deadline. (b) Amount of tax \nThe tax imposed by subsection (a) shall be equal to 15 percent of the excess (if any) of— (1) the required distribution amount with respect to the taxable year, over (2) the amount of receipts of the scholarship granting organization for such taxable year which are distributed before the distribution deadline with respect to such receipts. (c) Definitions \nFor purposes of this section— (1) Required distribution amount \nThe required distribution amount with respect to a taxable year is an amount equal to 90 percent of the total receipts of the scholarship granting organization for such taxable year. (2) Distributions \nThe term distribution includes amounts which are formally committed but not distributed. (3) Distribution deadline \nThe distribution deadline with respect to receipts for a taxable year is the first day of the second taxable year following the taxable year in which such receipts are received by the scholarship granting organization. (d) Reasonable cause exception \nThe tax imposed by subsection (a) shall not apply with respect to any failure to make required distributions before the distribution deadline which is not willful and is due to reasonable cause.. (2) Abatement of tax \n(A) General rule \nSubsection (b) of section 4962 of such Code is amended by striking or G and inserting G, or I. (B) First tier tax \nSubsection (a) of section 4963 of such Code is amended by inserting 4969, after 4967,. (C) Taxable event \nSubsection (c) of section 4963 of such Code is amended by inserting 4969, after 4967,. (3) Correction period \nSubparagraph (A) of section 4963(e)(2) of such Code is amended by inserting or 4969 after 4942. (4) Conforming amendment \nThe table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item: Subchapter I—Scholarship granting organizations.", "id": "id86b2a9e7d4e04564a212a05422c1eace", "header": "Excise tax on failure of scholarship granting organizations to make distributions", "nested": [], "links": [ { "text": "Chapter 42", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/42" } ] }, { "text": "(d) Evaluations \n(1) Definitions \nIn this section— (A) the terms eligible student , qualified elementary and secondary education expenses , and scholarship granting organization have the meanings given such terms in section 25F(c) of the Internal Revenue Code of 1986, as added by this Act; (B) the term Director means the Director of the Institute of Education Sciences; and (C) the term participating student means an eligible student who receives a scholarship for qualified elementary and secondary education expenses from a scholarship granting organization. (2) Evaluations \n(A) In general \nBy not later than April 1 of the year following the year of the date of enactment of this Act, and by April 1 of each subsequent year, the Director shall conduct an annual evaluation to determine the effectiveness of scholarships provided by scholarship granting organizations to eligible students in improving the academic achievement and success of the eligible students. (B) Contents of the evaluation \nIn conducting the evaluation required under this subsection, the Director shall— (i) request, from each scholarship granting organization, the reports provided to the scholarship granting organization by the schools accepting participating students, in accordance with section 25F(e)(1)(B); (ii) using the reports described in clause (i), assess the academic achievement of all participating students in grades 3 through 12, based on the nationally norm-referenced standardized test or State-recognized assessment used by each school; (iii) evaluate the school retention rates, secondary school graduation rates, and institution of higher education admission rates of participating students; (iv) evaluate the success of the tax credits allowed under section 25F and 45AA of the Internal Revenue Code of 1986, as added by this Act, in expanding school choice options for parents of participating students, increasing the satisfaction of such parents and students, and increasing parental involvement of such parents in the education of their students; and (v) evaluate such other issues with respect to the education of participating students as the Director considers appropriate for inclusion in the evaluation. (3) Reports \nBy not later than April 1 of the year after the year of the first evaluation under paragraph (2), and by April 1 of each subsequent year, the Director shall submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Ways and Means and the Committee on Education and the Workforce of the House of Representatives, an annual report on scholarships provided by scholarship granting organizations that incorporates the results of the most recent evaluation described in paragraph (2). (4) Prohibition \nNo personally identifiable information shall be disclosed in the data, evaluations, and reports required under this subsection. (5) Public availability \nThe Director shall make all evaluations, reports, and underlying data gathered pursuant to this subsection available to the public, upon request and in a timely manner following submission of the applicable report or evaluation under this subsection, subject to paragraph (4).", "id": "id9C46B3D5EDCB42FD83203687AA7A0086", "header": "Evaluations", "nested": [], "links": [ { "text": "section 25F(c)", "legal-doc": "usc", "parsable-cite": "usc/26/25F" } ] }, { "text": "(e) Effective date \nThe amendments made by subsections (a), (b), and (c) shall apply to taxable years beginning after December 31, 2022.", "id": "id1C58A4861984453085E133DAEAB9DBC5", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "Chapter 42", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/42" }, { "text": "section 25F(c)", "legal-doc": "usc", "parsable-cite": "usc/26/25F" } ] }, { "text": "25F. Contributions for qualified elementary and secondary education tuition \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified contributions made by the taxpayer during the taxable year. (b) Dollar limitation \nThe amount allowed as a credit under subsection (a) with respect to any taxpayer shall not exceed— (1) $2,250, in the case of a married individual filing a separate return, and (2) $4,500, in any other case. (c) Qualified contributions; other definitions \nFor purposes of this section— (1) Qualified contribution \nThe term qualified contribution means a charitable contribution (as defined by section 170(c)) to a scholarship granting organization. (2) Scholarship granting organization \nThe term scholarship granting organization means any organization— (A) which is described in section 501(c)(3) and exempt from tax under section 501(a), (B) whose exclusive purpose is to provide scholarships for the qualified elementary and secondary education expenses of eligible students, and (C) which meets the requirements of subsection (d). (3) Eligible student \nThe term eligible student means an individual— (A) who is enrolled in a school (within the meaning of section 530(b)(3)(B), after the application of paragraph (4)(B)), and (B) who is a member of a household with a total annual household income which does not exceed 250 percent of the Federal poverty guidelines (as determined by the Secretary of Health and Human Services). (4) Qualified elementary and secondary education expenses \nThe term qualified elementary and secondary education expenses has the meaning given such term by section 530(b)(3), except that— (A) child shall be substituted for beneficiary and a child shall be substituted for the designated beneficiary of the trust in clauses (i) and (iii) of subparagraph (A) thereof, and (B) in applying such paragraph, the term school shall only include schools which— (i) charge tuition for attendance, (ii) comply with all applicable State laws, including laws relating to unlawful discrimination, health and safety requirements, and criminal background checks of employees, and (iii) agree to provide annual reports as described in subsection (e) to the scholarship granting organization and to the parents or guardians of eligible students receiving a scholarship from the scholarship granting organization. (5) Scholarship \nThe term scholarship does not include any payment to fulfill or fund any obligation or project of any school or school system to provide a free, appropriate public education. (d) Requirements for scholarship granting organizations \nAn organization meets the requirements of this section if— (1) such organization does not provide grants to eligible students for any expenses other than qualified elementary and secondary education expenses, (2) such organization provides grants to— (A) more than 1 student, and (B) students attending more than 1 school, (3) such organization does not earmark or set aside contributions for scholarships on behalf of any particular student or to any specific school or group of schools, (4) such organization takes appropriate steps to verify the annual household income and family size of eligible students to which it provides grants, (5) such organization obtains annual audits from an independent certified public accountant and submits such audits to the Secretary, (6) no employee of such organization has violated any law relating to the audit described in paragraph (4), and (7) such organization— (A) requires any eligible student who receives a scholarship— (i) to participate in the evaluation conducted by the Institute of Education Science under section 2(d) of the Educational Opportunities Act of 2023 , and (ii) to permit such organization to share assessment information and other data regarding the student with the Institute in accordance with subparagraph (B), and (B) provides the reports described in subsection (e)(1)(C) and such other information as necessary to the Director of the Institute of Education Science for the purposes of identifying eligible students receiving a scholarship from such organization and conducting the evaluations and reports required under section 2(d) of the Educational Opportunities Act of 2023. For purposes of paragraph (5), the term independent certified public accountant means, with respect to an organization, a certified public accountant which is not a related person (within the meaning of section 465(b)(3)(C)) with respect to such organization or any employee of such organization. (e) Eligible school reporting requirement \n(1) In general \nThe reports described in this subsection include— (A) a report to the parents on the student’s academic achievement, including a comparison with the aggregate academic achievement of other students in the same grade or level at the school who receive a scholarship from a scholarship granting organization, if available, and (B) a report to each scholarship granting organization that provides scholarships to students at the school, including— (i) the test results, in the aggregate and disaggregated by race or ethnicity and grade level, of the students receiving such scholarships who are in grades 3 through 12 on a grade-appropriate nationally norm-referenced standardized test, or a grade-appropriate State-recognized assessment, and (ii) any additional data requested by the Director of the Institute of Education Sciences in accordance with section 2(d)(B) of the Educational Opportunities Act of 2023. (2) No personally identifiable information \nIn preparing and submitting the report described in paragraph (1)(B), a school shall not include any personally identifiable information regarding a student. (f) Denial of double benefit \nNo deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (g) Election \nThis section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.", "id": "id508602FB2F1B479683996AEF796FD406", "header": "Contributions for qualified elementary and secondary education tuition", "nested": [ { "text": "(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified contributions made by the taxpayer during the taxable year.", "id": "idbcbb8fb1f46d4e26b4fe7571adb89e08", "header": "Allowance of credit", "nested": [], "links": [] }, { "text": "(b) Dollar limitation \nThe amount allowed as a credit under subsection (a) with respect to any taxpayer shall not exceed— (1) $2,250, in the case of a married individual filing a separate return, and (2) $4,500, in any other case.", "id": "idb843b7ea68034adfbc441f0093487747", "header": "Dollar limitation", "nested": [], "links": [] }, { "text": "(c) Qualified contributions; other definitions \nFor purposes of this section— (1) Qualified contribution \nThe term qualified contribution means a charitable contribution (as defined by section 170(c)) to a scholarship granting organization. (2) Scholarship granting organization \nThe term scholarship granting organization means any organization— (A) which is described in section 501(c)(3) and exempt from tax under section 501(a), (B) whose exclusive purpose is to provide scholarships for the qualified elementary and secondary education expenses of eligible students, and (C) which meets the requirements of subsection (d). (3) Eligible student \nThe term eligible student means an individual— (A) who is enrolled in a school (within the meaning of section 530(b)(3)(B), after the application of paragraph (4)(B)), and (B) who is a member of a household with a total annual household income which does not exceed 250 percent of the Federal poverty guidelines (as determined by the Secretary of Health and Human Services). (4) Qualified elementary and secondary education expenses \nThe term qualified elementary and secondary education expenses has the meaning given such term by section 530(b)(3), except that— (A) child shall be substituted for beneficiary and a child shall be substituted for the designated beneficiary of the trust in clauses (i) and (iii) of subparagraph (A) thereof, and (B) in applying such paragraph, the term school shall only include schools which— (i) charge tuition for attendance, (ii) comply with all applicable State laws, including laws relating to unlawful discrimination, health and safety requirements, and criminal background checks of employees, and (iii) agree to provide annual reports as described in subsection (e) to the scholarship granting organization and to the parents or guardians of eligible students receiving a scholarship from the scholarship granting organization. (5) Scholarship \nThe term scholarship does not include any payment to fulfill or fund any obligation or project of any school or school system to provide a free, appropriate public education.", "id": "id6A1BD3B7DAA646DEB2C073F0C20BC47E", "header": "Qualified contributions; other definitions", "nested": [], "links": [] }, { "text": "(d) Requirements for scholarship granting organizations \nAn organization meets the requirements of this section if— (1) such organization does not provide grants to eligible students for any expenses other than qualified elementary and secondary education expenses, (2) such organization provides grants to— (A) more than 1 student, and (B) students attending more than 1 school, (3) such organization does not earmark or set aside contributions for scholarships on behalf of any particular student or to any specific school or group of schools, (4) such organization takes appropriate steps to verify the annual household income and family size of eligible students to which it provides grants, (5) such organization obtains annual audits from an independent certified public accountant and submits such audits to the Secretary, (6) no employee of such organization has violated any law relating to the audit described in paragraph (4), and (7) such organization— (A) requires any eligible student who receives a scholarship— (i) to participate in the evaluation conducted by the Institute of Education Science under section 2(d) of the Educational Opportunities Act of 2023 , and (ii) to permit such organization to share assessment information and other data regarding the student with the Institute in accordance with subparagraph (B), and (B) provides the reports described in subsection (e)(1)(C) and such other information as necessary to the Director of the Institute of Education Science for the purposes of identifying eligible students receiving a scholarship from such organization and conducting the evaluations and reports required under section 2(d) of the Educational Opportunities Act of 2023. For purposes of paragraph (5), the term independent certified public accountant means, with respect to an organization, a certified public accountant which is not a related person (within the meaning of section 465(b)(3)(C)) with respect to such organization or any employee of such organization.", "id": "id5B371FF31F4F48EC97C76510EB8DBB1D", "header": "Requirements for scholarship granting organizations", "nested": [], "links": [] }, { "text": "(e) Eligible school reporting requirement \n(1) In general \nThe reports described in this subsection include— (A) a report to the parents on the student’s academic achievement, including a comparison with the aggregate academic achievement of other students in the same grade or level at the school who receive a scholarship from a scholarship granting organization, if available, and (B) a report to each scholarship granting organization that provides scholarships to students at the school, including— (i) the test results, in the aggregate and disaggregated by race or ethnicity and grade level, of the students receiving such scholarships who are in grades 3 through 12 on a grade-appropriate nationally norm-referenced standardized test, or a grade-appropriate State-recognized assessment, and (ii) any additional data requested by the Director of the Institute of Education Sciences in accordance with section 2(d)(B) of the Educational Opportunities Act of 2023. (2) No personally identifiable information \nIn preparing and submitting the report described in paragraph (1)(B), a school shall not include any personally identifiable information regarding a student.", "id": "idd2e3316ef2f74041bdb581340569396c", "header": "Eligible school reporting requirement", "nested": [], "links": [] }, { "text": "(f) Denial of double benefit \nNo deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section.", "id": "id66AE219948054E9DBDD2762A4595572F", "header": "Denial of double benefit", "nested": [], "links": [] }, { "text": "(g) Election \nThis section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.", "id": "id76A090F36D004942888C778C0EC359DE", "header": "Election", "nested": [], "links": [] } ], "links": [] }, { "text": "45AA. Contributions to scholarship granting organizations \n(a) General rule \nFor purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year. (b) Limitation \nThe amount of the credit determined under this section for any taxable year shall not exceed $100,000. (c) Qualified contributions \nFor purposes of this section, the term qualified contribution has the meaning given such term under section 25F. (d) Denial of double benefit \nNo deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (e) Election \nThis section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.", "id": "ida11b460847e049c2a00c07831d365dd0", "header": "Contributions to scholarship granting organizations", "nested": [ { "text": "(a) General rule \nFor purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year.", "id": "idc14685ad45bf498e910deb730cbfe936", "header": "General rule", "nested": [], "links": [] }, { "text": "(b) Limitation \nThe amount of the credit determined under this section for any taxable year shall not exceed $100,000.", "id": "id3ff493d9089644f98aa15fdb29181c0f", "header": "Limitation", "nested": [], "links": [] }, { "text": "(c) Qualified contributions \nFor purposes of this section, the term qualified contribution has the meaning given such term under section 25F.", "id": "idc15dd2a6c2f74d58863e30fce7edc6b8", "header": "Qualified contributions", "nested": [], "links": [] }, { "text": "(d) Denial of double benefit \nNo deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section.", "id": "id60bc31ac02da4ca4890d07039b68ca71", "header": "Denial of double benefit", "nested": [], "links": [] }, { "text": "(e) Election \nThis section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.", "id": "ida2734b6ddf1149e6adde833a68b1b29e", "header": "Election", "nested": [], "links": [] } ], "links": [] }, { "text": "4969. Tax on failure to distribute receipts \n(a) Tax imposed \nThere is hereby imposed a tax on the failure of an scholarship granting organization (as defined in section 25F(c)(2)) to make distributions in any taxable year in an amount equal to or in excess of the required distribution amount before the distribution deadline. (b) Amount of tax \nThe tax imposed by subsection (a) shall be equal to 15 percent of the excess (if any) of— (1) the required distribution amount with respect to the taxable year, over (2) the amount of receipts of the scholarship granting organization for such taxable year which are distributed before the distribution deadline with respect to such receipts. (c) Definitions \nFor purposes of this section— (1) Required distribution amount \nThe required distribution amount with respect to a taxable year is an amount equal to 90 percent of the total receipts of the scholarship granting organization for such taxable year. (2) Distributions \nThe term distribution includes amounts which are formally committed but not distributed. (3) Distribution deadline \nThe distribution deadline with respect to receipts for a taxable year is the first day of the second taxable year following the taxable year in which such receipts are received by the scholarship granting organization. (d) Reasonable cause exception \nThe tax imposed by subsection (a) shall not apply with respect to any failure to make required distributions before the distribution deadline which is not willful and is due to reasonable cause.", "id": "idCF1737E274C74524B9B8544B5482782E", "header": "Tax on failure to distribute receipts", "nested": [ { "text": "(a) Tax imposed \nThere is hereby imposed a tax on the failure of an scholarship granting organization (as defined in section 25F(c)(2)) to make distributions in any taxable year in an amount equal to or in excess of the required distribution amount before the distribution deadline.", "id": "idb1203ebde83b445c8bf03144f7872ffd", "header": "Tax imposed", "nested": [], "links": [] }, { "text": "(b) Amount of tax \nThe tax imposed by subsection (a) shall be equal to 15 percent of the excess (if any) of— (1) the required distribution amount with respect to the taxable year, over (2) the amount of receipts of the scholarship granting organization for such taxable year which are distributed before the distribution deadline with respect to such receipts.", "id": "id4930aed2c21f41ac80d9cf8b81a3c1cf", "header": "Amount of tax", "nested": [], "links": [] }, { "text": "(c) Definitions \nFor purposes of this section— (1) Required distribution amount \nThe required distribution amount with respect to a taxable year is an amount equal to 90 percent of the total receipts of the scholarship granting organization for such taxable year. (2) Distributions \nThe term distribution includes amounts which are formally committed but not distributed. (3) Distribution deadline \nThe distribution deadline with respect to receipts for a taxable year is the first day of the second taxable year following the taxable year in which such receipts are received by the scholarship granting organization.", "id": "id3c8542e79940439f86f4e673bc941bca", "header": "Definitions", "nested": [], "links": [] }, { "text": "(d) Reasonable cause exception \nThe tax imposed by subsection (a) shall not apply with respect to any failure to make required distributions before the distribution deadline which is not willful and is due to reasonable cause.", "id": "id9d2867b90c5945319de344a4c504050a", "header": "Reasonable cause exception", "nested": [], "links": [] } ], "links": [] } ]

[ "Charitable contributions", "Elementary and secondary education", "Income tax credits", "Sales and excise taxes", "Social work, volunteer service, charitable organizations", "Student aid and college costs" ]

[ { "text": "1. Short title \nThis Act may be cited as the Stopping Overdoses of Fentanyl Analogues Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Fentanyl-related substances \n(a) In general \nSchedule I of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ) is amended by adding at the end the following: (e) (1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of fentanyl-related substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. (2) In paragraph (1), the term fentanyl-related substances includes any substance that is structurally related to fentanyl by 1 or more of the following modifications: (A) By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle. (B) By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups. (C) By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups. (D) By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle. (E) By replacement of the N-propionyl group by another acyl group.. (b) Effective date \nThis Act shall take effect 1 day after the date of enactment of this Act.", "id": "id1DBA3C1826E6402CAB025973B554EBEA", "header": "Fentanyl-related substances", "nested": [ { "text": "(a) In general \nSchedule I of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ) is amended by adding at the end the following: (e) (1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of fentanyl-related substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. (2) In paragraph (1), the term fentanyl-related substances includes any substance that is structurally related to fentanyl by 1 or more of the following modifications: (A) By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle. (B) By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups. (C) By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups. (D) By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle. (E) By replacement of the N-propionyl group by another acyl group..", "id": "idCE3791758B214312AE8885BAD41C7464", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 812(c)", "legal-doc": "usc", "parsable-cite": "usc/21/812" } ] }, { "text": "(b) Effective date \nThis Act shall take effect 1 day after the date of enactment of this Act.", "id": "idDF34EE13D87B4E4495C71B565AB7DDAA", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 812(c)", "legal-doc": "usc", "parsable-cite": "usc/21/812" } ] } ]

[ "Criminal procedure and sentencing", "Drug trafficking and controlled substances" ]

[ { "text": "1. Short title \nThis Act may be cited as the Gas Stove Protection and Freedom Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Commission \nThe term Commission means the Consumer Product Safety Commission. (2) Gas stove \nThe term gas stove means any gas range, gas stove, or household cooking gas appliance that meets the standard set forth in American National Standards Institute (ANSI) Z21.1/ CSA Z21.1 or any successor standard. (3) Substantially increase the average price of gas stoves \nThe term substantially increase the average price of gas stoves means that the average price of a gas stove, annualized over its expected life, would likely be substantially higher than the average spending by United States homeowners on cooking stoves and ovens based on the most recent data for consumer expenditures reported by the Bureau of Labor Statistics.", "id": "id25DF700527714292AC092D6B41A5E68A", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Prohibition \nNo Federal funds may be used by the Commission to regulate an existing or new gas stove as a banned hazardous product under section 8 of the Consumer Product Safety Act ( 15 U.S.C. 2057 ) or to impose or enforce any consumer product safety standard or rule on existing or new gas stoves under section 7 or 9 of such Act (15 U.S.C. 2056 or 2058) that would otherwise result in a prohibition on the use or sale of gas stoves in the United States or would otherwise substantially increase the average price of gas stoves in the United States.", "id": "id5CCC700AB2174402B0154A4C4F63DC9D", "header": "Prohibition", "nested": [], "links": [ { "text": "15 U.S.C. 2057", "legal-doc": "usc", "parsable-cite": "usc/15/2057" } ] } ]

[ "Consumer affairs", "Energy efficiency and conservation", "Inflation and prices", "Oil and gas" ]

[ { "text": "1. Repeal of Authorization for Use of Military Force Against Iraq Resolution \nThe Authorization for Use of Military Force Against Iraq Resolution ( Public Law 102–1 ; 105 Stat. 3; 50 U.S.C. 1541 note) is hereby repealed.", "id": "ide9719f674dce45a487cc73438acc8b2e", "header": "Repeal of Authorization for Use of Military Force Against Iraq Resolution", "nested": [], "links": [ { "text": "Public Law 102–1", "legal-doc": "public-law", "parsable-cite": "pl/102/1" }, { "text": "50 U.S.C. 1541", "legal-doc": "usc", "parsable-cite": "usc/50/1541" } ] }, { "text": "2. Repeal of Authorization for Use of Military Force Against Iraq Resolution of 2002 \nThe Authorization for Use of Military Force Against Iraq Resolution of 2002 ( Public Law 107–243 ; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed.", "id": "id7a11278c8e364e5d9fb557da0a9ae6c6", "header": "Repeal of Authorization for Use of Military Force Against Iraq Resolution of 2002", "nested": [], "links": [ { "text": "Public Law 107–243", "legal-doc": "public-law", "parsable-cite": "pl/107/243" }, { "text": "50 U.S.C. 1541", "legal-doc": "usc", "parsable-cite": "usc/50/1541" } ] } ]

[ "Congressional oversight", "Iraq", "Middle East", "Military operations and strategy", "Presidents and presidential powers, Vice Presidents", "War and emergency powers" ]

[ { "text": "1. Short title \nThis Act may be cited as the Fire Grants and Safety Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reauthorization of the United States Fire Administration \nSection 17(g)(1) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2216(g)(1) ) is amended— (1) in subparagraph (L), by striking and ; (2) in subparagraph (M)— (A) by striking for for and inserting for ; and (B) by striking the period and inserting ; and ; and (3) by adding at the end the following: (N) $95,000,000 for each of fiscal years 2024 through 2030, of which $3,420,000 for each such fiscal year shall be used to carry out section 8(f)..", "id": "idc6bc9183acd8491ca8355c48bdfd066a", "header": "Reauthorization of the United States Fire Administration", "nested": [], "links": [ { "text": "15 U.S.C. 2216(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/2216" } ] }, { "text": "3. Reauthorization of assistance to firefighters grants program and the fire prevention and safety grants program \n(a) Sunset \nSection 33(r) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229(r) ) is amended by striking 2024 and inserting 2032. (b) Authorization of appropriations \nSection 33(q)(1)(B) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229(q)(1)(B) ) is amended, in the matter preceding clause (i), by striking 2023 and inserting 2030.", "id": "iddbd5c7ec9ac842d795b95321a04863e2", "header": "Reauthorization of assistance to firefighters grants program and the fire prevention and safety grants program", "nested": [ { "text": "(a) Sunset \nSection 33(r) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229(r) ) is amended by striking 2024 and inserting 2032.", "id": "idE6D6F7E323664C24994B9AFBE14C9C82", "header": "Sunset", "nested": [], "links": [ { "text": "15 U.S.C. 2229(r)", "legal-doc": "usc", "parsable-cite": "usc/15/2229" } ] }, { "text": "(b) Authorization of appropriations \nSection 33(q)(1)(B) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229(q)(1)(B) ) is amended, in the matter preceding clause (i), by striking 2023 and inserting 2030.", "id": "idd3f1168eba434741981ad3933b01da19", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "15 U.S.C. 2229(q)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/2229" } ] } ], "links": [ { "text": "15 U.S.C. 2229(r)", "legal-doc": "usc", "parsable-cite": "usc/15/2229" }, { "text": "15 U.S.C. 2229(q)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/2229" } ] }, { "text": "4. Reauthorization of staffing for adequate fire and emergency response grant program \n(a) Sunset \nSection 34(k) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a(k) ) is amended by striking 2024 and inserting 2032. (b) Authorization of appropriations \nSection 34(j)(1)(I) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a(j)(1)(I) ) is amended, in the matter preceding clause (i), by striking 2023 and inserting 2030.", "id": "idccb02499bf994c42a2215bb3f890e804", "header": "Reauthorization of staffing for adequate fire and emergency response grant program", "nested": [ { "text": "(a) Sunset \nSection 34(k) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a(k) ) is amended by striking 2024 and inserting 2032.", "id": "id17340F2683A4465E83E557F915EF7D85", "header": "Sunset", "nested": [], "links": [ { "text": "15 U.S.C. 2229a(k)", "legal-doc": "usc", "parsable-cite": "usc/15/2229a" } ] }, { "text": "(b) Authorization of appropriations \nSection 34(j)(1)(I) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a(j)(1)(I) ) is amended, in the matter preceding clause (i), by striking 2023 and inserting 2030.", "id": "idffa8efffa91643ed97d144dbec910fb6", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "15 U.S.C. 2229a(j)(1)(I)", "legal-doc": "usc", "parsable-cite": "usc/15/2229a" } ] } ], "links": [ { "text": "15 U.S.C. 2229a(k)", "legal-doc": "usc", "parsable-cite": "usc/15/2229a" }, { "text": "15 U.S.C. 2229a(j)(1)(I)", "legal-doc": "usc", "parsable-cite": "usc/15/2229a" } ] }, { "text": "5. GAO audit and report \nNot later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct an audit of and issue a publicly available report on barriers that prevent fire departments from accessing Federal funds.", "id": "id39e505b3364f4ec685713c8240c67379", "header": "GAO audit and report", "nested": [], "links": [] }, { "text": "6. Limitation on fire grant funds \nNeither the Government of the People’s Republic of China, nor any entity or organization operating or incorporated in the People’s Republic of China, may be eligible to be a recipient or subrecipient of Federal assistance under any assistance program authorized under subsection (c) or (d) of section 33 or section 34(a) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 , 2229a).", "id": "id9df82344fa4c4ca9929ff92dd9f6e6e7", "header": "Limitation on fire grant funds", "nested": [], "links": [ { "text": "15 U.S.C. 2229", "legal-doc": "usc", "parsable-cite": "usc/15/2229" } ] }, { "text": "7. GAO audit \nNot later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct an audit of and issue a publicly available report on the United States Fire Administration.", "id": "id0926fc1af3074e818b59b4450370fd57", "header": "GAO audit", "nested": [], "links": [] } ]

[ "China", "Congressional oversight", "Fires", "First responders and emergency personnel", "Forests, forestry, trees", "Government Accountability Office (GAO)", "Government studies and investigations", "Temporary and part-time employment" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the National Defense Authorization Act for Fiscal Year 2024. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. DIVISION A—Department of Defense authorizations TITLE I—Procurement Subtitle A—Authorization of appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army programs Sec. 111. Report on Army requirements and acquisition strategy for night vision devices. Sec. 112. Army plan for ensuring sources of cannon tubes. Sec. 113. Strategy for Army tactical wheeled vehicle program. Sec. 114. Extension and modification of annual updates to master plans and investment strategies for Army ammunition plants. Sec. 115. Report on acquisition strategies of the logistics augmentation program of the Army. Subtitle C—Navy programs Sec. 121. Reduction in the minimum number of Navy carrier air wings and carrier air wing headquarters required to be maintained. Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 123. Multiyear procurement authority for Virginia class submarine program. Sec. 124. Sense of Senate on procurement of outstanding F/A–18 Super Hornet platforms. Subtitle D—Air Force programs Sec. 131. Limitations and minimum inventory requirement relating to RQ–4 aircraft. Sec. 132. Limitation on divestiture of T–1A training aircraft. Sec. 133. Modification to minimum inventory requirement for A–10 aircraft. Sec. 134. Modification to minimum requirement for total primary mission aircraft inventory of Air Force fighter aircraft. Sec. 135. Modification of limitation on divestment of F–15 aircraft. Sec. 136. Report on Air Force executive aircraft. Sec. 137. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft. Subtitle E—Defense-wide, joint, and multiservice matters Sec. 141. Pilot program to accelerate the procurement and fielding of innovative technologies. Sec. 142. Requirement to develop and implement policies to establish the datalink strategy of the Department of Defense. Sec. 143. Report on contract for cybersecurity capabilities and briefing. TITLE II—Research, development, test, and evaluation Subtitle A—Authorization of appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program requirements, restrictions, and limitations Sec. 211. Updated guidance on planning for exportability features for future programs. Sec. 212. Support to the Defence Innovation Accelerator for the North Atlantic. Sec. 213. Modification to personnel management authority to attract experts in science and engineering. Sec. 214. Administration of the Advanced Sensors Application Program. Sec. 215. Delegation of responsibility for certain research programs. Sec. 216. Program of standards and requirements for microelectronics. Sec. 217. Clarifying role of partnership intermediaries to promote defense research and education. Sec. 218. Competition for technology that detects and watermarks the use of generative artificial intelligence. Subtitle C—Plans, reports, and other matters Sec. 221. Department of Defense prize competitions for business systems modernization. Sec. 222. Update to plans and strategies for artificial intelligence. Sec. 223. Western regional range complex demonstration. Sec. 224. Report on feasibility and advisability of establishing a quantum computing innovation center. Sec. 225. Briefing on the impediments to the transition of the Semantic Forensics program to operational use. Sec. 226. Annual report on Department of Defense hypersonic capability funding and investment. Sec. 227. Limitation on availability of funds for travel for office of Under Secretary of Defense for Personnel and Readiness pending a plan for modernizing Defense Travel System. Sec. 228. Annual report on unfunded priorities for research, development, test, and evaluation activities. Sec. 229. Establishment of technology transition program for strategic nuclear deterrence. Sec. 230. Review of artificial intelligence investment. TITLE III—Operation and Maintenance Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Requirement for approval by Under Secretary of Defense for Acquisition and Sustainment of any waiver for a system that does not meet fuel efficiency key performance parameter. Sec. 312. Improvement and codification of Sentinel Landscapes Partnership program authority. Sec. 313. Modification of definition of sustainable aviation fuel for purpose of pilot program on use of such fuel. Sec. 314. Payment to Environmental Protection Agency of stipulated penalties in connection with Naval Air Station Moffett Field, California. Sec. 315. Technical assistance for communities and individuals potentially affected by releases at current and former Department of Defense facilities. Subtitle C—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 321. Treatment of certain materials contaminated with perfluoroalkyl substances or polyfluoroalkyl substances. Sec. 322. Increase of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 323. Modification of authority for environmental restoration projects at National Guard facilities. Sec. 324. Limitation on availability of travel funds until submittal of plan for restoring data sharing on testing of water for perfluoroalkyl or polyfluoroalkyl substances. Sec. 325. Dashboard of funding relating to perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 326. Report on schedule and cost estimates for completion of testing and remediation of contaminated sites and publication of cleanup information. Sec. 327. Modification of timing of report on activities of PFAS Task Force. Sec. 328. Government Accountability Office report on testing and remediation of perfluoroalkyl substances and polyfluoroalkyl substances. Subtitle D—Logistics and Sustainment Sec. 331. Assuring Critical Infrastructure Support for Military Contingencies Pilot Program. Sec. 332. Strategy and assessment on use of automation and artificial intelligence for shipyard optimization. Subtitle E—Briefings and Reports Sec. 341. Critical infrastructure conditions at military installations. Sec. 342. Report on establishing sufficient stabling, pasture, and training area for the Old Guard Caisson Platoon equines. Sec. 343. Quarterly briefings on operational status of amphibious warship fleet of Department of the Navy. Sec. 344. Briefing on plan for maintaining proficiency in emergency movement of munitions in Joint Region Marianas, Guam. Subtitle F—Other Matters Sec. 351. Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School. Sec. 352. Restriction on retirement of U–28 Aircraft. Sec. 353. Tribal liaisons. Sec. 354. Limitation on use of funds to expand leased facilities for the Joint Military Information Support Operations Web Operations Center. Sec. 355. Modifications to the Contested Logistics Working Group of the Department of Defense. Sec. 356. Establishment of Caisson Platoon to support military and State funeral services. Sec. 357. Limitation on availability of funds pending 30-year shipbuilding plan that maintains 31 amphibious warships for the Department of the Navy. Sec. 358. Modification of rule of construction regarding provision of support and services to non-Department of Defense organizations and activities. Sec. 359. Modifications to military aviation and installation assurance clearinghouse for review of mission obstructions. TITLE IV—Military personnel authorizations Subtitle A—Active forces Sec. 401. End strengths for active forces. Sec. 402. End strength level matters. Sec. 403. Extension of additional authority to vary Space Force end strength. Subtitle B—Reserve forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the Reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C—Authorization of appropriations Sec. 421. Military personnel. TITLE V—Military personnel policy Subtitle A—Officer personnel policy Sec. 501. Authorized strength: general and flag officers on active duty. Sec. 502. Prohibition on appointment or nomination of certain officers who are subject to special selection review boards. Sec. 503. Exclusion of officers who are licensed behavioral health providers from limitations on active duty commissioned officer end strengths. Sec. 504. Updating authority to authorize promotion transfers between components of the same service or a different service. Sec. 505. Effect of failure of selection for promotion. Sec. 506. Permanent authority to order retired members to active duty in high-demand, low-density appointments. Sec. 507. Waiver authority expansion for the extension of service obligation for Marine Corps cyberspace operations officers. Sec. 508. Removal of active duty prohibition for members of the Air Force Reserve Policy Committee. Sec. 509. Extension of authority to vary number of Space Force officers considered for promotion to major general. Sec. 510. Realignment of Navy spot-promotion quotas. Sec. 511. Modification of limitation on promotion selection board rates. Sec. 512. Time in grade requirements. Sec. 513. Flexibility in determining terms of appointment for certain senior officer positions. Subtitle B—Reserve component management Sec. 521. Alternative promotion authority for reserve officers in designated competitive categories. Sec. 522. Selected Reserve and Ready Reserve order to active duty to respond to a significant cyber incident. Sec. 523. Mobilization of Selected Reserve for preplanned missions in support of the combatant commands. Sec. 524. Alternating selection of officers of the National Guard and the Reserves as deputy commanders of certain combatant commands. Sec. 525. Grade of Vice Chief of the National Guard Bureau. Subtitle C—General service authorities and military records Sec. 531. Modification of limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level. Sec. 532. Non-medical counseling services for military families. Sec. 533. Primacy of needs of the service in determining individual duty assignments. Sec. 534. Requirement to use qualifications, performance, and merit as basis for promotions, assignments, and other personnel actions. Sec. 535. Requirement to base treatment in the military on merit and performance. Sec. 536. Tiger team for outreach to former members. Sec. 537. Diversity, equity, and inclusion personnel grade cap. Subtitle D—Military justice and other legal matters Sec. 541. Establishment of staggered terms for members of the Military Justice Review Panel. Sec. 542. Technical and conforming amendments to the Uniform Code of Military Justice. Sec. 543. Annual report on initiative to enhance the capability of military criminal investigative organizations to prevent and combat child sexual exploitation. Subtitle E—Member Education, Training, Transition Sec. 551. Future servicemember preparatory course. Sec. 552. Determination of active duty service commitment for recipients of fellowships, grants, and scholarships. Sec. 553. Military service academy professional sports pathway report and legislative proposal required. Sec. 554. Community college Enlisted Training Corps demonstration program. Sec. 555. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense. Sec. 556. Limitation on availability of funds for relocation of Army CID special agent training course. Sec. 557. Army Physical Fitness Test. Sec. 558. Opt-out sharing of information on members retiring or separating from the Armed Forces with community-based organizations and related entities. Sec. 559. Establishment of program to promote participation of foreign students in the Senior Reserve Officers' Training Corps. Sec. 560. Consideration of standardized test scores in military service academy application process. Sec. 560A. Extension of Troops for Teachers program to the Job Corps. Subtitle F—Military Family Readiness and Dependents' Education Sec. 561. Pilot program on recruitment and retention of employees for child development programs. Sec. 562. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. Sec. 563. Modifications to assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations. Sec. 564. Assistance for military spouses to obtain doula certifications. Subtitle G—Junior Reserve Officers' Training Corps Sec. 571. Expansion of Junior Reserve Officers’ Training Corps. Sec. 572. JROTC program certification. Sec. 573. Memorandum of understanding required. Sec. 574. Junior Reserve Officers’ Training Corps instructor compensation. Sec. 575. Annual report on allegations of sexual misconduct in JROTC programs. Sec. 576. Comptroller General report on efforts to increase transparency and reporting on sexual violence in the Junior Reserve Officers’ Training Corps Program. Subtitle H—Decorations and other awards, miscellaneous reports and other matters Sec. 581. Extension of deadline for review of World War I valor medals. Sec. 582. Prohibition on former members of the Armed Forces accepting post-service employment with certain foreign governments. Sec. 583. Prohibition on requiring listing of gender or pronouns in official correspondence. Subtitle I—Enhanced recruiting efforts Sec. 591. Short title. Sec. 592. Increased access to potential recruits at secondary schools. Sec. 593. Increased access to potential recruits at institutions of higher education. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances Sec. 601. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation. Sec. 602. Modification of calculation method for basic allowance for housing to more accurately assess housing costs of junior members of uniformed services. Sec. 603. Basic allowance for housing for members assigned to vessels undergoing maintenance. Sec. 604. Dual basic allowance for housing for training for certain members of reserve components. Sec. 605. Modification of calculation of gross household income for basic needs allowance to address areas of demonstrated need. Sec. 606. Expansion of eligibility for reimbursement of qualified licensure, certification, and business relocation costs incurred by military spouses. Sec. 607. Cost-of-living allowance in the continental United States: high cost areas. Sec. 608. OCONUS cost-of-living allowance: adjustments. Sec. 609. Extension of one-time uniform allowance for officers who transfer to the Space Force. Sec. 610. Review of rates of military basic pay. Sec. 611. Government Accountability Office study on process for determining cost-of-living allowances for members of the uniformed services assigned to the continental United States, Hawaii, Alaska, and overseas locations. Subtitle B—Bonus and Incentive Pays Sec. 621. Modification of special and incentive pay authorities for members of reserve components. Sec. 622. Expansion of continuation pay eligibility. Sec. 623. One-year extension of certain expiring bonus and special pay authorities. Sec. 624. Requirement to establish remote and austere condition assignment incentive pay program for Air Force. Sec. 625. Extension of travel allowance for members of the Armed Forces assigned to Alaska. Subtitle C—Other Matters Sec. 631. Modification of requirements for approval of foreign employment by retired and reserve members of uniformed services. Sec. 632. Restrictions on retired and reserve members of the Armed Forces receiving employment and compensation indirectly from foreign governments through private entities. TITLE VII—Health Care Provisions Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Extension of period of eligibility for health benefits under TRICARE Reserve Select for survivors of a member of the Selected Reserve. Sec. 702. Authority to provide dental care for dependents located at certain remote or isolated locations. Sec. 703. Inclusion of assisted reproductive technology and artificial insemination as required primary and preventive health care services for members of the uniformed services and dependents. Sec. 704. Program on treatment of members of the Armed Forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma. Sec. 705. Waiver of cost-sharing for three mental health outpatient visits for certain beneficiaries under the TRICARE program. Sec. 706. Expansion of doula care furnished by Department of Defense. Sec. 707. Sense of Congress on access to mental health services through TRICARE. Subtitle B—Health Care Administration Sec. 711. Increase in stipend for participants in health professions scholarship and financial assistance programs. Sec. 712. Financial relief for civilians treated in military medical treatment facilities. Sec. 713. Department of Defense Overdose Data Act of 2023. Sec. 714. Modification of administration of medical malpractice claims by members of the uniformed services. Subtitle C—Reports and Other Matters Sec. 721. Modification of partnership program between United States and Ukraine for military trauma care and research. Sec. 722. Requirement that Department of Defense disclose expert reports with respect to medical malpractice claims by members of the uniformed services. Sec. 723. Comptroller General study on impact of perinatal mental health conditions of members of the Armed Forces and their dependents on military readiness and retention. Sec. 724. Report on mental and behavioral health services provided by Department of Defense. Sec. 725. Report on activities of Department of Defense to prevent, intervene, and treat perinatal mental health conditions of members of the Armed Forces and their dependents. Sec. 726. Study on family planning and cryopreservation of gametes to improve retention of members of the Armed Forces. TITLE VIII—Acquisition policy, acquisition management, and related matters Subtitle A—Acquisition policy and management Sec. 801. Amendments to multiyear procurement authority. Sec. 802. Modernizing the Department of Defense requirements process. Sec. 803. Head of Contracting Authority for Strategic Capabilities Office. Sec. 804. Pilot program for the use of innovative intellectual property strategies. Sec. 805. Focused commercial solutions openings opportunities. Sec. 806. Study on reducing barriers to acquisition of commercial products and services. Sec. 807. Sense of the Senate on independent cost assessment. Sec. 808. Emergency acquisition authority for purposes of replenishing United States stockpiles. Subtitle B—Amendments to general contracting authorities, procedures, and limitations Sec. 811. Commander initiated rapid contracting actions. Sec. 812. Extension and revisions to never contract with the enemy. Sec. 813. Enhancement of Department of Defense capabilities to prevent contractor fraud. Sec. 814. Modification of approval authority for high dollar other transaction agreements for prototypes. Sec. 815. Modifications to Earned Value Management system requirements. Sec. 816. Inventory of inflation and escalation indices. Sec. 817. Pilot program to incentivize progress payments. Sec. 818. Extension of pilot program to accelerate contracting and pricing processes. Sec. 819. Preventing conflicts of interest for Department of Defense consultants. Sec. 820. Prohibition on requiring defense contractors to provide information relating to greenhouse gas emissions. Sec. 821. Prohibition on contracts for the provision of online tutoring services by entities owned by the People's Republic of China. Sec. 822. Modification of truthful cost or pricing data submissions and report. Sec. 823. Repeal of bonafide office rule for 8(a) contracts with the Department of Defense. Subtitle C—Industrial base matters Sec. 831. Defense industrial base advanced capabilities pilot program. Sec. 832. Department of Defense notification of certain transactions. Sec. 833. Analyses of certain activities for action to address sourcing and industrial capacity. Sec. 834. Pilot program on capital assistance to support defense investment in the industrial base. Sec. 835. Requirement to buy certain satellite components from national technology and industrial base. Sec. 836. Sense of Congress relating to rubber supply. Subtitle D—Small business matters Sec. 841. Amendments to Defense Research and Development Rapid Innovation Program. Sec. 842. Department of Defense Mentor-Protégé Program. Sec. 843. Consideration of the past performance of affiliate companies of small businesses. Sec. 844. Timely payments for Department of Defense small business subcontractors. Sec. 845. Extension of Pilot Program for streamlined technology transition from the SBIR and STTR Programs of the Department of Defense. Sec. 846. Annual reports regarding the SBIR program of the Department of Defense. Sec. 847. Modifications to the Procurement Technical Assistance Program. Sec. 848. Extension of pilot program to incentivize contracting with employee-owned businesses. Sec. 849. Eliminating self-certification for service-disabled veteran-owned small businesses. Sec. 850. Payment of subcontractors. Sec. 851. Increase in Governmentwide goal for participation in Federal contracts by small business concerns owned and controlled by service-disabled veterans. Sec. 852. Amendments to contracting authority for certain small business concerns. Subtitle E—Other matters Sec. 861. Limitation on the availability of funds pending a plan for implementing the replacement for the Selected Acquisition Reporting system. Sec. 862. Extension of pilot program for distribution support and services for weapons systems contractors. Sec. 863. Modification of effective date for expansion on the prohibition on acquiring certain metal products. Sec. 864. Foreign sources of specialty metals. Sec. 865. University Affiliated Research Center for critical minerals. Sec. 866. Enhanced domestic content requirement for navy shipbuilding programs. Sec. 867. Addition of Administrator of the Small Business Administration to the Federal Acquisition Regulatory Council. Sec. 868. Modifications to rights in technical data. TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A—Office of the Secretary of Defense and Related Matters Sec. 901. Establishment of Office of Strategic Capital. Sec. 902. Reinstatement of position of Chief Management Officer of Department of Defense. Sec. 903. Modification of responsibilities of Director of Cost Assessment and Program Evaluation. Sec. 904. Roles and responsibilities for components of Office of Secretary of Defense for joint all-domain command and control in support of integrated joint warfighting. Sec. 905. Principal Deputy Assistant Secretaries to support Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Sec. 906. Modification of cross-functional team to address emerging threat relating to directed energy capabilities. Sec. 907. Pilot program on protecting access to critical assets. Sec. 908. Extension of mission management pilot program. Sec. 909. Conforming amendments to carry out elimination of position of Chief Management Officer. Subtitle B—Other Department of Defense Organization and Management Matters Sec. 921. Joint Energetics Transition Office. Sec. 922. Transition of oversight responsibility for the Defense Technology Security Administration. Sec. 923. Integrated and authenticated access to Department of Defense systems for certain congressional staff for oversight purposes. Sec. 924. Integration of productivity software suites for scheduling data. Sec. 925. Operationalizing audit readiness. Sec. 926. Next generation business health metrics. Sec. 927. Independent assessment of defense business enterprise architecture. Sec. 928. Limitation on establishment of new diversity, equity, and inclusion positions; hiring freeze. TITLE X—General provisions Subtitle A—Financial matters Sec. 1001. General transfer authority. Sec. 1002. Annual report on budget prioritization by Secretary of Defense and military departments. Sec. 1003. Additional reporting requirements related to unfunded priorities. Sec. 1004. Sense of the Senate on need for emergency supplemental appropriations. Subtitle B—Counterdrug activities Sec. 1011. Disruption of fentanyl trafficking. Sec. 1012. Enhanced support for counterdrug activities and activities to counter transnational organized crime. Sec. 1013. Modification of support for counterdrug activities and activities to counter transnational organized crime: increase in cap for small scale construction projects. Sec. 1014. Building the capacity of armed forces of Mexico to counter the threat posed by transnational criminal organizations. Subtitle C—Naval vessels Sec. 1021. Modification of authority to purchase used vessels under the National Defense Sealift Fund. Sec. 1022. Amphibious warship force availability. Sec. 1023. Prohibition on retirement of certain naval vessels. Sec. 1024. Report on the potential for an Army and Navy joint effort for watercraft vessels. Subtitle D—Counterterrorism Sec. 1031. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1033. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1034. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Subtitle E—Miscellaneous authorities and limitations Sec. 1041. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers. Sec. 1042. Authority to include funding requests for the chemical and biological defense program in budget accounts of military departments. Sec. 1043. Unfavorable security clearance eligibility determinations and appeals. Sec. 1044. Assistance in support of Department of Defense accounting for missing United States Government personnel. Sec. 1045. Implementation of arrangements to build transparency, confidence, and security. Sec. 1046. Access to and use of military post offices by United States citizens employed overseas by the North Atlantic Treaty Organization who perform functions in support of military operations of the Armed Forces. Sec. 1047. Removal of time limitations of temporary protection and authorization of reimbursement for security services and equipment for former or retired Department of Defense personnel. Sec. 1048. Annual Defense POW/MIA Accounting Agency (DPAA) capabilities required to expand accounting for persons missing from designated past conflicts. Sec. 1049. Access to commissary and exchange privileges for remarried spouses. Subtitle F—Studies and reports Sec. 1051. Annual report and briefing on implementation of Force Design 2030. Sec. 1052. Plan for conversion of Joint Task Force North into Joint Interagency Task Force North. Sec. 1053. Report on use of tactical fighter aircraft and bomber aircraft for deployments and homeland defense missions. Sec. 1054. Modifications of reporting requirements. Sec. 1055. Report on equipping certain ground combat units with small unmanned aerial systems. Sec. 1056. Comprehensive assessment of Marine Corps Force Design 2030. Sec. 1057. Strategy to achieve critical mineral supply chain independence for the Department of Defense. Sec. 1058. Quarterly briefing on homeland defense planning. Sec. 1059. Special operations force structure. Sec. 1060. Briefing on commercial tools employed by the Department of Defense to assess foreign ownership, control, or influence. Sec. 1061. Plan on countering human trafficking. Sec. 1062. Briefing and report on use and effectiveness of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1063. Ensuring reliable supply of critical minerals. Subtitle G—Other matters Sec. 1071. Matters related to irregular warfare. Sec. 1072. Joint concept for competing implementation updates. Sec. 1073. Limitation on certain funding until submission of the Chairman’s Risk Assessment and briefing requirement. Sec. 1074. Notification of safety and security concerns at certain Department of Defense laboratories. Sec. 1075. Assessment and recommendations relating to infrastructure, capacity, resources, and personnel in Guam. Sec. 1076. Program and processes relating to foreign acquisition. Sec. 1077. Technical and conforming amendments related to the Space Force. Sec. 1078. Authority to establish commercial integration cells within certain combatant commands. Sec. 1079. Modification on limitation on funding for institutions of higher education hosting Confucius Institutes. Sec. 1080. Modification of definition of domestic source for title III of Defense Production Act of 1950. Sec. 1081. Comprehensive strategy for talent development and management of Department of Defense computer programming workforce. Sec. 1082. Limitation on availability of funds for destruction of landmines. Sec. 1083. Nogales wastewater improvement. Sec. 1084. Authorization of amounts to support initiatives for mobile mammography services for veterans. Sec. 1085. Protection of covered sectors. Sec. 1086. Review of agriculture-related transactions by Committee on Foreign Investment in the United States. Sec. 1087. 9/11 Responder and Survivor Health Funding Correction Act of 2023. Sec. 1088. Reauthorization of voluntary registry for firefighter cancer incidence. Sec. 1089. Requirement for unqualified opinion on financial statement. Sec. 1090. Briefing on Air National Guard active associations. Sec. 1090A. Informing Consumers about Smart Devices Act. Sec. 1090B. Improving processing by Department of Veterans Affairs of disability claims for post-traumatic stress disorder through improved training. Sec. 1090C. U.S. Hostage and Wrongful Detainee Day Act of 2023. Sec. 1090D. Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities. Sec. 1090E. Conduct of winter season reconnaissance of atmospheric rivers in the western United States. Sec. 1090F. National Cold War Center designation. Sec. 1090G. Semiconductor program. Sec. 1090H. Prohibition of demand for bribe. Sec. 1090I. Studies and reports on treatment of service of certain members of the Armed Forces who served in female cultural support teams. Sec. 1090J. Global cooperative framework to end human rights abuses in sourcing critical minerals. Sec. 1090K. Readmission requirements for servicemembers. Subtitle H—Drone security Sec. 1091. Short title. Sec. 1092. Definitions. Sec. 1093. Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities. Sec. 1094. Prohibition on operation of covered unmanned aircraft systems from covered foreign entities. Sec. 1095. Prohibition on use of Federal funds for procurement and operation of covered unmanned aircraft systems from covered foreign entities. Sec. 1096. Prohibition on use of Government-issued Purchase Cards to purchase covered unmanned aircraft systems from covered foreign entities. Sec. 1097. Management of existing inventories of covered unmanned aircraft systems from covered foreign entities. Sec. 1098. Comptroller General report. Sec. 1099. Government-wide policy for procurement of unmanned aircraft systems. Sec. 1099A. State, local, and territorial law enforcement and emergency service exemption. Sec. 1099B. Study. Sec. 1099C. Exceptions. Sec. 1099D. Sunset. Subtitle I—Radiation Exposure Compensation Act PART I—Manhattan Project waste Sec. 1099AA. Claims relating to Manhattan Project waste. PART II—Compensation for workers involved in uranium mining Sec. 1099BB. Short title. Sec. 1099CC. References. Sec. 1099DD. Extension of fund. Sec. 1099EE. Claims relating to atmospheric testing. Sec. 1099FF. Claims relating to uranium mining. Sec. 1099GG. Expansion of use of affidavits in determination of claims; regulations. Sec. 1099HH. Limitation on claims. Sec. 1099II. Grant program on epidemiological impacts of uranium mining and milling. Sec. 1099JJ. Energy Employees Occupational Illness Compensation Program. Subtitle J—Crypto assets Sec. 1099AAA. Crypto asset anti-money laundering examination standards. Sec. 1099BBB. Combating anonymous crypto asset transactions. Subtitle K—Combating Cartels on Social Media Act of 2023 Sec. 1099AAAA. Short title. Sec. 1099BBBB. Definitions. Sec. 1099CCCC. Assessment of illicit usage. Sec. 1099DDDD. Strategy to combat cartel recruitment on social media and online platforms. Sec. 1099EEEE. Rule of construction. Sec. 1099FFFF. No additional funds. TITLE XI—Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment Sec. 1101. Short title; table of contents. Sec. 1102. Definitions. Sec. 1103. National security councils of specified countries. TITLE XII—Civilian personnel matters Sec. 1201. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1202. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1203. Exclusion of positions in nonappropriated fund instrumentalities from limitations on dual pay. Sec. 1204. Exception to limitation on number of Senior Executive Service positions for the Department of Defense. Sec. 1205. Removal of Washington Headquarters Services direct support from personnel limitation on the Office of the Secretary of Defense. Sec. 1206. Consolidation of direct hire authorities for candidates with specified degrees at science and technology reinvention laboratories. Sec. 1207. Expansion and extension of direct hire authority for certain personnel of the Department of Defense. Sec. 1208. Extension of direct hire authority for the Department of Defense for post-secondary students and recent graduates. Sec. 1209. Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base. Sec. 1210. Authority to employ civilian faculty members at Space Force schools. Sec. 1211. Report and sunset relating to inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Management. Sec. 1212. Extension of date of first employment for acquisition of competitive status for employees of Inspectors General for overseas contingency operations. Sec. 1213. Expansion of noncompetitive appointment eligibility to spouses of Department of Defense civilians. Sec. 1214. Elimination of Government Accountability Office review requirement relating to Department of Defense personnel authorities. Sec. 1215. Amendments to the John S. McCain Strategic Defense Fellows Program. Sec. 1216. Civilian Cybersecurity Reserve pilot project. TITLE XIII—Matters relating to foreign nations Subtitle A—Assistance and training Sec. 1301. Middle East integrated maritime domain awareness and interdiction capability. Sec. 1302. Authority to provide mission training through distributed simulation. Sec. 1303. Increase in small-scale construction limit and modification of authority to build capacity. Sec. 1304. Extension of legal institutional capacity building initiative for foreign defense institutions. Sec. 1305. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1306. Extension of authority for Department of Defense support for stabilization activities in national security interest of the United States. Sec. 1307. Extension of cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations. Sec. 1308. Limitation on availability of funds for International Security Cooperation Program. Sec. 1309. Modification of Department of Defense security cooperation workforce development. Sec. 1310. Modification of authority to provide support to certain governments for border security operations. Sec. 1311. Modification of Defense Operational Resilience International Cooperation Pilot Program. Sec. 1312. Assistance to Israel for aerial refueling. Sec. 1313. Report on coordination with private entities and State governments with respect to the State Partnership Program. Subtitle B—Matters relating to Syria, Iraq, and Iran Sec. 1321. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1322. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1323. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1324. Briefing on nuclear capability of Iran. Sec. 1325. Modification of establishment of coordinator for detained ISIS members and relevant populations in Syria. Subtitle C—Matters relating to Europe and the Russian Federation Sec. 1331. Extension and modification of Ukraine Security Assistance Initiative. Sec. 1332. Extension and modification of training for Eastern European national security forces in the course of multilateral exercises. Sec. 1333. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine. Sec. 1334. Extension and modification of temporary authorizations related to Ukraine and other matters. Sec. 1335. Prioritization for basing, training, and exercises in North Atlantic Treaty Organization member countries. Sec. 1336. Study and report on lessons learned regarding information operations and deterrence. Sec. 1337. Report on progress on multi-year strategy and plan for the Baltic Security Initiative. Sec. 1338. Sense of the Senate on the North Atlantic Treaty Organization. Sec. 1339. Sense of the Senate on Defence Innovation Accelerator for the North Atlantic (DIANA) in the North Atlantic Treaty Organization. Sec. 1340. Sense of the Senate regarding the arming of Ukraine. Subtitle D—Matters relating to the Indo-Pacific region Sec. 1341. Indo-Pacific Campaigning Initiative. Sec. 1342. Training, advising, and institutional capacity-building program for military forces of Taiwan. Sec. 1343. Indo-Pacific Maritime Domain Awareness Initiative. Sec. 1344. Extension of Pacific Deterrence Initiative. Sec. 1345. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1346. Extension and modification of pilot program to improve cyber cooperation with foreign military partners in Southeast Asia. Sec. 1347. Extension and modification of certain temporary authorizations. Sec. 1348. Plan for enhanced security cooperation with Japan. Sec. 1349. Plan for improvements to certain operating locations in Indo-Pacific region. Sec. 1350. Strategy for improving posture of ground-based theater-range missiles in Indo-Pacific region. Sec. 1351. Enhancing major defense partnership with India. Sec. 1352. Military cybersecurity cooperation with Taiwan. Sec. 1353. Designation of senior official for Department of Defense activities relating to, and implementation plan for, security partnership among Australia, the United Kingdom, and the United States. Sec. 1354. Report and notification relating to transfer of operational control on Korean Peninsula. Sec. 1355. Report on range of consequences of war with the People’s Republic of China. Sec. 1356. Study and report on command structure and force posture of United States Armed Forces in Indo-Pacific region. Sec. 1357. Studies on defense budget transparency of the People’s Republic of China and the United States. Sec. 1358. Briefing on provision of security assistance by the People’s Republic of China and summary of Department of Defense mitigation activities. Sec. 1359. Semiannual briefings on bilateral agreements supporting United States military posture in the Indo-Pacific region. Sec. 1360. Semiannual briefings on military of the People's Republic of China. Sec. 1361. Prohibition on use of funds to support entertainment projects with ties to the Government of the People's Republic of China. Sec. 1362. Prohibition on use of funds for the Wuhan Institute of Virology. Sec. 1363. Audit to identify diversion of Department of Defense funding to China's research labs. Sec. 1364. Prohibiting Federal funding for EcoHealth Alliance Inc. Sec. 1365. Assessment relating to contingency operational plan of United States Indo-Pacific Command. Sec. 1366. Assessment of absorptive capacity of military forces of Taiwan. Sec. 1367. Analysis of risks and implications of potential sustained military blockade of Taiwan by the People's Republic of China. Sec. 1368. Sense of the Senate on defense alliances and partnerships in the Indo-Pacific region. Sec. 1369. Assessment of gifts and grants to United States institutions of higher education from entities on the Non-SDN Chinese Military-Industrial Complex Companies List. Sec. 1370. Extension of export prohibition on munitions items to the Hong Kong Police Force. Subtitle E—Securing maritime data from China Sec. 1371. Short title. Sec. 1372. LOGINK defined. Sec. 1373. Countering the spread of LOGINK. Subtitle F—Reports Sec. 1381. Report on Department of Defense roles and responsibilities in support of National Strategy for the Arctic Region. Subtitle G—Other matters Sec. 1391. Military intelligence collection and analysis partnerships. Sec. 1392. Collaboration with partner countries to develop and maintain military-wide transformational strategies for operational energy. Sec. 1393. Modification of support of special operations for irregular warfare. Sec. 1394. Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment. Sec. 1395. Modification of initiative to support protection of national security academic researchers from undue influence and other security threats. Sec. 1396. Modification of authority for certain payments to redress injury and loss. Sec. 1397. Modification of authority for cooperation on directed energy capabilities. Sec. 1398. Modification of Arctic Security Initiative. Sec. 1399. Termination of authorization of non-conventional assisted recovery capabilities. Sec. 1399A. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen. Sec. 1399B. Extension of United States-Israel anti-tunnel cooperation. Sec. 1399C. Prohibition on delegation of authority to designate foreign partner forces as eligible for the provision of collective self-defense support by United States Armed Forces. Sec. 1399D. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom. Sec. 1399E. Cooperation with allies and partners in Middle East on development of integrated regional cybersecurity architecture. Sec. 1399F. Foreign Advance Acquisition Account. Sec. 1399G. Limitation on availability of funds for travel expenses of the Office of the Secretary of Defense. Sec. 1399H. Plans related to rapid transfer of certain missiles and defense capabilities. Sec. 1399I. Ensuring peace through strength in Israel. Sec. 1399J. Improvements to security cooperation workforce and defense acquisition workforce. Sec. 1399K. Modification of foreign military sales processing. Sec. 1399L. Ending China's developing nation status. Sec. 1399M. Sharing of information with respect to suspected violations of intellectual property rights. Sec. 1399N. Foreign port security assessments. Sec. 1399O. Legal preparedness for servicemembers abroad. Subtitle H—Limitation on withdrawal from NATO Sec. 1399AA. Opposition of Congress to suspension, termination, denunciation, or withdrawal from North Atlantic Treaty. Sec. 1399BB. Limitation on the use of funds. Sec. 1399CC. Notification of treaty action. Sec. 1399DD. Authorization of Legal Counsel to represent Congress. Sec. 1399EE. Reporting requirement. Sec. 1399FF. Rule of construction. Sec. 1399GG. Severability. Sec. 1399HH. Definitions. Subtitle I—Combating global corruption Sec. 1399AAA. Short title. Sec. 1399BBB. Definitions. Sec. 1399CCC. Publication of tiered ranking list. Sec. 1399DDD. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption. Sec. 1399EEE. Imposition of sanctions under Global Magnitsky Human Rights Accountability Act. Sec. 1399FFF. Designation of embassy anti-corruption points of contact. Subtitle J—International children with disabilities protection Sec. 1399AAAA. Short title. Sec. 1399BBBB. Sense of Congress. Sec. 1399CCCC. Definitions. Sec. 1399DDDD. Statement of policy. Sec. 1399EEEE. International Children with Disabilities Protection Program and capacity building. Sec. 1399FFFF. Annual report on implementation. Sec. 1399GGGG. Promoting international protection and advocacy for children with disabilities. Subtitle K—Western Hemisphere Partnership Act of 2023 Sec. 1399AAAAA. Short title. Sec. 1399BBBBB. United States policy in the Western Hemisphere. Sec. 1399CCCCC. Promoting security and the rule of law in the Western Hemisphere. Sec. 1399DDDDD. Promoting digitalization and cybersecurity in the Western Hemisphere. Sec. 1399EEEEE. Promoting economic and commercial partnerships in the Western Hemisphere. Sec. 1399FFFFF. Promoting transparency and democratic governance in the Western Hemisphere. Sec. 1399GGGGG. Investment, trade, and development in Africa and Latin America and the Caribbean. Sec. 1399HHHHH. Sense of Congress on prioritizing nomination and confirmation of qualified ambassadors. Sec. 1399IIIII. Western Hemisphere defined. Sec. 1399JJJJJ. Report on efforts to capture and detain united states citizens as hostages. TITLE XIV—COOPERATIVE THREAT REDUCTION Sec. 1401. Cooperative Threat Reduction funds. TITLE XV—Other authorizations Subtitle A—Military programs Sec. 1501. Working capital funds. Sec. 1502. Chemical Agents and Munitions Destruction, Defense. Sec. 1503. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1504. Defense Inspector General. Sec. 1505. Defense Health Program. Subtitle B—National Defense Stockpile Sec. 1511. Recovery of rare earth elements and other strategic and critical materials through end-of-life equipment recycling. Sec. 1512. Improvements to Strategic and Critical Materials Stock Piling Act. Sec. 1513. Authority to dispose of materials from the National Defense Stockpile. Sec. 1514. Beginning balances of the National Defense Stockpile Transaction Fund for audit purposes. Subtitle C—Other matters Sec. 1521. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1522. Authorization of appropriations for Armed Forces Retirement Home. Sec. 1523. Modification of leasing authority of Armed Forces Retirement Home. TITLE XVI—Space activities, strategic programs, and intelligence matters Subtitle A—Space activities Sec. 1601. Acquisition strategy for Phase 3 of the National Security Space Launch program. Sec. 1602. Initial operating capability for Advanced Tracking and Launch Analysis System and system-level review. Sec. 1603. Department of the Air Force responsibility for space-based ground and airborne moving target indication. Sec. 1604. Principal Military Deputy for Space Acquisition and Integration. Sec. 1605. Use of middle tier acquisition authority for Space Development Agency acquisition program. Sec. 1606. Special authority for provision of commercial space launch support services. Sec. 1607. Treatment of Positioning, Navigation, and Timing Resiliency, Modifications, and Improvements program as acquisition category 1D program. Sec. 1608. Briefing on classification practices and foreign disclosure policies required for combined space operations. Sec. 1609. Limitation on availability of certain funds relating to selection of permanent location for headquarters of United States Space Command. Subtitle B—Nuclear forces Sec. 1611. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1612. Sentinel intercontinental ballistic missile program silo activity. Sec. 1613. Matters relating to the acquisition and deployment of the Sentinel intercontinental ballistic missile weapon system. Sec. 1614. Plan for decreasing the time to upload additional warheads to the intercontinental ballistic missile fleet. Sec. 1615. Tasking and oversight authority with respect to intercontinental ballistic missile site activation task force for Sentinel Program. Sec. 1616. Long-term sustainment of Sentinel ICBM guidance system. Sec. 1617. Sense of Senate on Polaris Sales Agreement. Sec. 1618. Matters relating to the nuclear-armed sea-launched cruise missile. Sec. 1619. Operational timeline for Strategic Automated Command and Control System. Sec. 1620. Amendment to annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control systems. Sec. 1621. Technical amendment to additional report matters on strategic delivery systems. Sec. 1622. Amendment to study of weapons programs that allow Armed Forces to address hard and deeply buried targets. Sec. 1623. Limitation on use of funds until provision of Department of Defense information to Government Accountability Office. Sec. 1624. Monitoring Iranian enrichment. Subtitle C—Missile defense Sec. 1631. Designation of official responsible for missile defense of Guam. Sec. 1632. Selection of a Director of the Missile Defense Agency. Sec. 1633. Modification of requirement for Comptroller General of the United States review and assessment of missile defense acquisition programs. Sec. 1634. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1635. Modification of scope of program accountability matrices requirements for next generation interceptors for missile defense of the United States homeland. Sec. 1636. Limitation on availability of funds for Office of Cost Assessment and Program Evaluation until submission of missile defense roles and responsibilities report. Sec. 1637. Integrated air and missile defense architecture for the Indo-Pacific region. Sec. 1638. Modification of National Missile Defense policy. Subtitle D—Other matters Sec. 1641. Electronic warfare. Sec. 1642. Study on the future of the Integrated Tactical Warning Attack Assessment System. Sec. 1643. Comprehensive review of electronic warfare test ranges and future capabilities. Sec. 1644. Extension of authorization for protection of certain facilities and assets from unmanned aircraft. Sec. 1645. Addressing serious deficiencies in electronic protection of systems that operate in the radio frequency spectrum. Sec. 1646. Funding limitation on certain unreported programs. Sec. 1647. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities. TITLE XVII—Cyberspace-related matters Subtitle A—Matters relating to cyber operations and cyber forces Sec. 1701. Measures to enhance the readiness and effectiveness of the Cyber Mission Force. Sec. 1702. Cyber intelligence center. Sec. 1703. Performance metrics for pilot program for sharing cyber capabilities and related information with foreign operational partners. Sec. 1704. Next generation cyber red teams. Sec. 1705. Management of data assets by Chief Digital Officer. Sec. 1706. Authority for countering illegal trafficking by Mexican transnational criminal organizations in cyberspace. Sec. 1707. Pilot program for cybersecurity collaboration center inclusion of semiconductor manufacturers. Sec. 1708. Independent evaluation regarding potential establishment of United States Cyber Force and further evolution of current model for management and execution of cyber mission. Subtitle B—Matters relating to Department of Defense cybersecurity and information technology Sec. 1711. Requirements for deployment of fifth generation information and communications capabilities to Department of Defense bases and facilities. Sec. 1712. Department of Defense information network boundary and cross-domain defense. Sec. 1713. Policy and guidance on memory-safe software programming. Sec. 1714. Development of regional cybersecurity strategies. Sec. 1715. Cyber incident reporting. Sec. 1716. Management by Department of Defense of mobile applications. Sec. 1717. Security enhancements for the nuclear command, control, and communications network. Sec. 1718. Guidance regarding securing laboratories of the Armed Forces. Sec. 1719. Establishing Identity, Credential, and Access Management initiative as a program of record. Sec. 1720. Strategy on cybersecurity resiliency of Department of Defense space enterprise. Sec. 1721. Requirements for implementation of user activity monitoring for cleared personnel and operational and information technology administrators and other privileged users. Sec. 1722. Department of Defense digital content provenance. Sec. 1723. Post-graduate employment of Cyber Service Academy scholarship recipients in intelligence community. Sec. 1724. Minimum number of scholarships to be awarded annually through Cyber Service Academy. Sec. 1725. Control and management of Department of Defense data and establishment of Chief Digital and Artificial Intelligence Officer Governing Council. Sec. 1726. Requirement to support for cyber education and workforce development at institutions of higher learning. Sec. 1727. Improvements relating to cyber protection support for Department of Defense personnel in positions highly vulnerable to cyber attack. Sec. 1728. Comptroller General report on efforts to protect personal information of Department of Defense personnel from exploitation by foreign adversaries. TITLE XVIII—Space Force personnel management Sec. 1801. Short title. Sec. 1802. Space Force Personnel Management Act transition plan. Sec. 1803. Comprehensive assessment of Space Force equities in the National Guard. Subtitle A—Space Force military personnel system without component Sec. 1811. Establishment of military personnel management system for the Space Force. Sec. 1812. Composition of the Space Force without component. Sec. 1813. Definitions for single personnel management system for the Space Force. Sec. 1814. Basic policies relating to service in the Space Force. Sec. 1815. Status and participation. Sec. 1816. Officers. Sec. 1817. Enlisted members. Sec. 1818. Retention and separation generally. Sec. 1819. Separation of officers for substandard performance of duty or for certain other reasons. Sec. 1820. Retirement. Subtitle B—Conforming amendments related to Space Force military personnel system Sec. 1831. Amendments to Department of the Air Force provisions of title 10, United States Code. Sec. 1832. Amendments to subtitle A of title 10, United States Code. Sec. 1833. Title 38, United States Code (veterans’ benefits). Subtitle C—Transition provisions Sec. 1841. Transition period. Sec. 1842. Change of duty status of members of the Space Force. Sec. 1843. Transfer to the Space Force of members of the Air Force Reserve and the Air National Guard. Sec. 1844. Placement of officers on the Space Force officer list. Sec. 1845. Disestablishment of regular Space Force. Sec. 1846. End strength flexibility. Sec. 1847. Promotion authority flexibility. Subtitle D—Other amendments related to the Space Force Sec. 1851. Title 10, United States Code. Sec. 1852. Other provisions of law. DIVISION B—Military construction authorizations Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date. TITLE XXI—Army military construction Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension of authority to use cash payments in special account from land conveyance, Natick Soldier Systems Center, Massachusetts. Sec. 2105. Extension of authority to carry out fiscal year 2018 project at Kunsan Air Base, Korea. Sec. 2106. Extension of authority to carry out certain fiscal year 2019 projects. Sec. 2107. Extension of authority to carry out certain fiscal year 2021 projects. TITLE XXII—Navy military construction Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Authorization of appropriations, Navy. Sec. 2204. Extension of authority to carry out certain fiscal year 2019 projects. Sec. 2205. Extension of authority to carry out certain fiscal year 2021 projects. TITLE XXIII—Air Force military construction Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Authorization of appropriations, Air Force. Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects. Sec. 2305. Extension of authority to carry out certain fiscal year 2018 projects. Sec. 2306. Extension of authority to carry out certain fiscal year 2019 projects. Sec. 2307. Extension of authority to carry out certain fiscal year 2021 projects. TITLE XXIV—Defense Agencies military construction Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Sec. 2404. Extension of authority to carry out certain fiscal year 2018 projects. Sec. 2405. Extension and modification of authority to carry out certain fiscal year 2019 projects. Sec. 2406. Extension of authority to carry out certain fiscal year 2021 projects. Sec. 2407. Additional authority to carry out certain fiscal year 2022 projects. Sec. 2408. Additional authority to carry out certain fiscal year 2023 projects. TITLE XXV—International programs Subtitle A—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B—Host country in-kind contributions Sec. 2511. Republic of Korea funded construction projects. Sec. 2512. Republic of Poland funded construction projects. TITLE XXVI—Guard and Reserve Forces facilities Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Sec. 2607. Extension of authority to carry out fiscal year 2018 project at Hulman Regional Airport, Indiana. Sec. 2608. Extension of authority to carry out fiscal year 2019 project at Francis S. Gabreski Airport, New York. Sec. 2609. Extension of authority to carry out certain fiscal year 2021 projects. Sec. 2610. Modification of authority to carry out fiscal year 2022 project at Nickell Memorial Armory, Kansas. Sec. 2611. Modification of authority to carry out fiscal year 2023 project at Camp Pendleton, California. Sec. 2612. Authority to conduct restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania. TITLE XXVII—Base realignment and closure activities Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round. Sec. 2703. Closure and disposal of the Pueblo Chemical Depot, Pueblo County, Colorado. TITLE XXVIII—Military construction general provisions Subtitle A—Military Construction Program Sec. 2801. Authority for Indo-Pacific posture military construction projects. Sec. 2802. Ordering authority for maintenance, repair, and construction of facilities of Department of Defense. Sec. 2803. Application of area construction cost indices outside the United States. Sec. 2804. Authorization of cost-plus incentive-fee contracting for military construction projects to mitigate risk to the Sentinel Program schedule and cost. Sec. 2805. Extensions to the Military Lands Withdrawal Act relating to Barry M. Goldwater range. Sec. 2806. Authority to lease land parcel for hospital and medical campus, Barrigada Transmitter Site, Guam. Sec. 2807. Revision to access and management of Air Force memorial. Sec. 2808. Development and operation of the Marine Corps Heritage Center and the National Museum of the Marine Corps. Sec. 2809. Authority for acquisition of real property interest in park land owned by the Commonwealth of Virginia. Sec. 2810. Movement or consolidation of Joint Spectrum Center to Fort Meade, Maryland, or another appropriate location. Sec. 2811. Temporary expansion of authority for use of one-step turn-key selection procedures for repair projects. Sec. 2812. Modification of temporary increase of amounts in connection with authority to carry out unspecified minor military construction. Sec. 2813. Pilot program on replacement of substandard enlisted barracks. Sec. 2814. Expansion of Defense Community Infrastructure Pilot Program to include installations of the Coast Guard. Sec. 2815. Modification of pilot program on increased use of sustainable building materials in military construction. Subtitle B—Military Housing PART I—Military Unaccompanied Housing Sec. 2821. Uniform condition index for military unaccompanied housing. Sec. 2822. Certification of habitability of military unaccompanied housing. Sec. 2823. Maintenance work order management process for military unaccompanied housing. Sec. 2824. Expansion of uniform code of basic standards for military housing to include military unaccompanied housing. Sec. 2825. Oversight of military unaccompanied housing. Sec. 2826. Elimination of flexibilities for adequacy or construction standards for military unaccompanied housing. Sec. 2827. Design standards for military unaccompanied housing. Sec. 2828. Termination of habitability standard waivers and assessment and plan with respect to military unaccompanied housing. Sec. 2829. Requirement for security cameras in common areas and entry points of military unaccompanied housing. Sec. 2830. Annual report on military unaccompanied housing. PART II—Privatized Military Housing Sec. 2841. Improvements to privatized military housing. Sec. 2842. Implementation of Comptroller General Recommendations relating to strengthening oversight of privatized military housing. Sec. 2843. Treatment of nondisclosure agreements with respect to privatized military housing. PART III—Other Housing Matters Sec. 2851. Department of Defense Military Housing Readiness Council. Sec. 2852. Inclusion in annual status of forces survey of questions regarding living conditions of members of the Armed Forces. Subtitle C—Land Conveyances Sec. 2861. Land conveyance, BG J Sumner Jones Army Reserve Center, Wheeling, West Virginia. Sec. 2862. Land conveyance, Wetzel County Memorial Army Reserve Center, New Martinsville, West Virginia. Subtitle D—Other Matters Sec. 2871. Authority to conduct energy resilience and conservation projects at installations where non-Department of Defense funded energy projects have occurred. Sec. 2872. Limitation on authority to modify or restrict public access to Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland. Sec. 2873. Authorization for the Secretary of the Navy to resolve the electrical utility operations at Former Naval Air Station Barbers Point (currently known as Kalaeloa ), Hawaii. Sec. 2874. Clarification of other transaction authority for installation or facility prototyping. Sec. 2875. Requirement that Department of Defense include military installation resilience in real property management and installation master planning of Department. Sec. 2876. Increase of limitation on fee for architectural and engineering services procured by military departments. Sec. 2877. Requirement that all material types be considered for design-bid-build military construction projects. Sec. 2878. Continuing education curriculum for members of the military construction planning and design workforce and acquisition workforce of the Department of Defense. Sec. 2879. Guidance on Department of Defense-wide standards for access to installations of the Department. Sec. 2880. Deployment of existing construction materials. Sec. 2881. Technical corrections. DIVISION C—Department of Energy national security authorizations and other authorizations TITLE XXXI—Department of Energy national security programs Subtitle A—National security programs and authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B— Program authorizations, restrictions, and limitations Sec. 3111. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium. Sec. 3112. Prohibition on ARIES expansion before realization of 30 pit per year base capability. Sec. 3113. Plutonium Modernization Program management. Sec. 3114. Pantex explosives manufacturing capability. Sec. 3115. Limitation on establishing an enduring bioassurance program within the National Nuclear Security Administration. Sec. 3116. Extension of authority on acceptance of contributions for acceleration or removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. Sec. 3117. Modification of reporting requirements for program on vulnerable sites. Sec. 3118. Implementation of enhanced mission delivery initiative. Sec. 3119. Limitation on use of funds until provision of spend plan for W80–4 ALT weapon development. Sec. 3120. Analyses of nuclear programs of foreign countries. Sec. 3121. Enhancing National Nuclear Security Administration supply chain reliability. Sec. 3122. Transfer of cybersecurity responsibilities to Administrator for Nuclear Security. Sec. 3123. Redesignating duties related to departmental radiological and nuclear incident responses. Sec. 3124. Modification of authority to establish certain contracting, program management, scientific, engineering, and technical positions. Sec. 3125. Technical amendments to the Atomic Energy Defense Act. Sec. 3126. Amendment to period for briefing requirements. Sec. 3127. Repeal of reporting requirements for Uranium Capabilities Replacement Project. Subtitle C—Budget and financial management matters Sec. 3131. Updated financial integration policy. Subtitle D—Other matters Sec. 3141. Integration of technical expertise of Department of Energy into policymaking. Sec. 3142. Amendments to the Energy Employees Occupational Illness Compensation Program Act of 2000. Sec. 3143. Prohibition on sales of petroleum products from the Strategic Petroleum Reserve to certain countries. Sec. 3144. U.S. nuclear fuel security initiative. TITLE XXXII—Defense Nuclear Facilities Safety Board Sec. 3201. Authorization. TITLE XXXV—Maritime Administration Sec. 3501. Maritime Administration. DIVISION D—Funding Tables Sec. 4001. Authorization of amounts in funding tables. TITLE XLI—PROCUREMENT Sec. 4101. PROCUREMENT. TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. TITLE XLIII—OPERATION AND MAINTENANCE Sec. 4301. OPERATION AND MAINTENANCE. TITLE XLIV—MILITARY PERSONNEL Sec. 4401. MILITARY PERSONNEL. TITLE XLV—OTHER AUTHORIZATIONS Sec. 4501. OTHER AUTHORIZATIONS. TITLE XLVI—MILITARY CONSTRUCTION Sec. 4601. MILITARY CONSTRUCTION. TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. DIVISION E—Additional Provisions TITLE LI—Procurement Subtitle D—Air Force programs Sec. 5131. Inventory of C–130 aircraft. Sec. 5132. Extension of prohibition on certain reductions to B–1 bomber aircraft squadrons. Sec. 5133. Prohibition on divestment of F–15E aircraft. TITLE LII—Research, development, test, and evaluation Sec. 5201. Application of public-private talent exchange programs in the Department of Defense to quantum information sciences and technology research. Sec. 5202. Briefing on Science, Mathematics, and Research for Transformation (SMART) Defense Education Program. Sec. 5203. Improvements to defense quantum information science and technology research and development program. Sec. 5204. Improvements to National Quantum Initiative Program. Sec. 5205. Annual review of status of implementation plan for digital engineering career tracks. Sec. 5206. Rapid response to emergent technology advancements or threats. TITLE LIII—Operation and maintenance Subtitle A—Briefings and reports Sec. 5341. Report by Department of Defense on alternatives to burn pits. TITLE LVI—Compensation and other personnel benefits Subtitle C—Other matters Sec. 5631. Modifications to transitional compensation for dependents of members separated for dependent abuse. Sec. 5632. Report on effect of phase-out of reduction of survivor benefit plan survivor annuities by amount of dependency and indemnity compensation. TITLE LVII—Health care provisions Subtitle A—TRICARE and other health care benefits Sec. 5701. Expansion of eligibility for hearing aids to include children of certain retired members of the uniformed services. Subtitle B—Health care administration Sec. 5711. Modification of requirement to transfer research and development and public health functions to Defense Health Agency. Subtitle C—Reports and other matters Sec. 5721. Report on military mental health care referral policies. Sec. 5722. Comptroller General study on biomedical research and development funded by Department of Defense. Sec. 5723. Report on provision of mental health services via telehealth to members of the Armed Forces and their dependents. Sec. 5724. Expansion of doula care furnished by Department of Defense. TITLE LVIII—Acquisition policy, acquisition management, and related matters Subtitle D—Small business matters Sec. 5841. Competition of small business concerns for Department of Defense contracts. Subtitle E—Other matters Sec. 5851. Briefing on the redesignation of National Serial Number (NSN) parts as proprietary. TITLE LX—Other matters Subtitle D—Counterterrorism Sec. 6031. Establishing a coordinator for countering Mexico's criminal cartels. Subtitle F—Studies and reports Sec. 6051. Report on food purchasing by the Department of Defense. Subtitle G—Other matters Sec. 6071. Improvements to Department of Veterans Affairs-Department of Defense Joint Executive Committee. Sec. 6072. Grave markers at Santa Fe National Cemetery, New Mexico. Sec. 6073. Modification of compensation for members of the Afghanistan War Commission. Sec. 6074. Red Hill health impacts. Sec. 6075. Permanent authorization of Undetectable Firearms Act of 1988. Sec. 6076. Sense of Congress on the importance of non-governmental recognition of military enlistees to improve community support for military recruitment. Sec. 6077. Adjustment of threshold amount for minor medical facility projects of Department of Veterans Affairs. Sec. 6078. Designation of National Museum of the Mighty Eighth Air Force. Sec. 6079. Revision of requirement for transfer of certain aircraft to State of California for wildfire suppression purposes. Sec. 6080. Extension of active duty term for Attending Physician at United States Capitol. Sec. 6081. Disclosures by directors, officers, and principal stockholders. Sec. 6082. Preventing Child Sex Abuse. Sec. 6083. Senate National Security Working Group. Sec. 6084. Recognition as corporation and grant of Federal charter for National American Indian Veterans, Incorporated. Subtitle H—Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act Sec. 6091. Short title. Sec. 6092. Findings; sense of Congress. Sec. 6093. Visa availability for Government Employee Immigrant Visa program. Subtitle I—Additional matters relating to artificial intelligence Sec. 6096. Report on artificial intelligence regulation in financial services industry. Sec. 6097. Artificial intelligence bug bounty programs. Sec. 6098. Vulnerability analysis study for artificial intelligence-enabled military applications. Sec. 6099. Report on data sharing and coordination. TITLE LXII—Matters relating to foreign nations Subtitle C—Matters relating to Europe and the Russian Federation Sec. 6231. Black Sea security and development strategy. Subtitle D—Matters relating to the Indo-Pacific region Sec. 6241. Sense of Congress on the renewal of the Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands. Sec. 6242. Eligibility of Taiwan for the strategic trade authorization exception to certain export control licensing requirements. Sec. 6243. Audit to identify diversion of Department of Defense funding to China's research labs. Subtitle G—Other matters Sec. 6291. Sense of the Senate on digital trade and the digital economy. Sec. 6292. Assessment of certain United States-origin technology used by foreign adversaries. Sec. 6293. Virginia class submarine transfer certification. TITLE LXV—Space activities, strategic programs, and intelligence matters Subtitle B—Nuclear forces Sec. 6511. Annual report on development of long-range stand-off weapon. TITLE LXVIII—FEND Off Fentanyl Act Sec. 6801. Short title. Sec. 6802. Sense of Congress. Sec. 6803. Definitions. Subtitle A—Sanctions Matters PART I—Sanctions in Response to National Emergency relating to Fentanyl Trafficking Sec. 6811. Finding; policy. Sec. 6812. Use of national emergency authorities; reporting. Sec. 6813. Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade. Sec. 6814. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations. Sec. 6815. Penalties; waivers; exceptions. Sec. 6816. Treatment of forfeited property of transnational criminal organizations. PART II—Other Matters Sec. 6821. Ten-year statute of limitations for violations of sanctions. Sec. 6822. Classified report and briefing on staffing of Office of Foreign Assets Control. Sec. 6823. Report on drug transportation routes and use of vessels with mislabeled cargo. Sec. 6824. Report on actions of People’s Republic of China with respect to persons involved in fentanyl supply chain. Subtitle B—Anti-Money Laundering Matters Sec. 6831. Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern. Sec. 6832. Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network. Sec. 6833. Report on trade-based money laundering in trade with Mexico, the People's Republic of China, and Burma. Subtitle C—Exception Relating to Importation of Goods Sec. 6841. Exception relating to importation of goods. TITLE LXXVIII—Military construction and general provisions Subtitle B—Military housing PART III—Other housing matters Sec. 7851. Report on plan to replace houses at Fort Leonard Wood. Subtitle D—Other matters Sec. 7881. Study on impact on members of the Armed Forces and dependents of construction projects that affect quality of life. Sec. 7882. Modification of pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force. TITLE LXXXI—Department of Energy national security programs Subtitle D—Other matters Sec. 8141. Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy. DIVISION F—Department of State Authorization Act of 2023 Sec. 6001. Short title; table of contents. Sec. 6002. Definitions. TITLE LXI—Diplomatic security and consular affairs Sec. 6101. Special hiring authority for passport services. Sec. 6102. Quarterly report on passport wait times. Sec. 6103. Passport travel advisories. Sec. 6104. Strategy to ensure access to passport services for all Americans. Sec. 6105. Strengthening the National Passport Information Center. Sec. 6106. Strengthening passport customer visibility and transparency. Sec. 6107. Annual Office of Authentications report. Sec. 6108. Increased accountability in assignment restrictions and reviews. Sec. 6109. Suitability reviews for Foreign Service Institute instructors. Sec. 6110. Diplomatic security fellowship programs. TITLE LXII—Personnel matters Subtitle A—Hiring, promotion, and development Sec. 6201. Adjustment to promotion precepts. Sec. 6202. Hiring authorities. Sec. 6203. Extending paths to service for paid student interns. Sec. 6204. Lateral Entry Program. Sec. 6205. Mid-Career Mentoring Program. Sec. 6206. Report on the Foreign Service Institute’s language program. Sec. 6207. Consideration of career civil servants as chiefs of missions. Sec. 6208. Civil service rotational program. Sec. 6209. Reporting requirement on chiefs of mission. Sec. 6210. Report on chiefs of mission and deputy chiefs of mission. Sec. 6211. Protection of retirement annuity for reemployment by Department. Sec. 6212. Efforts to improve retention and prevent retaliation. Sec. 6213. National advertising campaign. Sec. 6214. Expansion of diplomats in residence programs. Subtitle B—Pay, benefits, and workforce matters Sec. 6221. Education allowance. Sec. 6222. Per diem allowance for newly hired members of the Foreign Service. Sec. 6223. Improving mental health services for foreign and civil servants. Sec. 6224. Emergency back-up care. Sec. 6225. Authority to provide services to non-chief of mission personnel. Sec. 6226. Exception for government-financed air transportation. Sec. 6227. Enhanced authorities to protect locally employed staff during emergencies. Sec. 6228. Internet at hardship posts. Sec. 6229. Competitive local compensation plan. Sec. 6230. Supporting tandem couples in the Foreign Service. Sec. 6231. Accessibility at diplomatic missions. Sec. 6232. Report on breastfeeding accommodations overseas. Sec. 6233. Determining the effectiveness of knowledge transfers between Foreign Service Officers. Sec. 6234. Education allowance for dependents of Department of State employees located in United States territories. TITLE LXIII—Information security and cyber diplomacy Sec. 6301. Data-informed diplomacy. Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer Program. Sec. 6303. Establishment of the Chief Artificial Intelligence Officer of the Department of State. Sec. 6304. Strengthening the Chief Information Officer of the Department of State. Sec. 6305. Sense of Congress on strengthening enterprise governance. Sec. 6306. Digital connectivity and cybersecurity partnership. Sec. 6307. Establishment of a cyberspace, digital connectivity, and related technologies (CDT) fund. Sec. 6308. Cyber protection support for personnel of the Department of State in positions highly vulnerable to cyber attack. TITLE LXIV—Organization and operations Sec. 6401. Personal services contractors. Sec. 6402. Hard-to-fill posts. Sec. 6403. Enhanced oversight of the Office of Civil Rights. Sec. 6404. Crisis response operations. Sec. 6405. Special Envoy to the Pacific Islands Forum. Sec. 6406. Special Envoy for Belarus. Sec. 6407. Overseas placement of special appointment positions. Sec. 6408. Resources for United States nationals unlawfully or wrongfully detained abroad. TITLE LXV—Economic diplomacy Sec. 6501. Report on recruitment, retention, and promotion of Foreign Service economic officers. Sec. 6502. Mandate to revise Department of State metrics for successful economic and commercial diplomacy. Sec. 6503. Chief of mission economic responsibilities. Sec. 6504. Direction to embassy deal teams. Sec. 6505. Establishment of a Deal Team of the Year award. TITLE LXVI—Public diplomacy Sec. 6601. Public diplomacy outreach. Sec. 6602. Modification on use of funds for Radio Free Europe/Radio Liberty. Sec. 6603. International broadcasting. Sec. 6604. John Lewis Civil Rights Fellowship program. Sec. 6605. Domestic engagement and public affairs. Sec. 6606. Extension of Global Engagement Center. Sec. 6607. Paperwork Reduction Act. Sec. 6608. Modernization and enhancement strategy. TITLE LXVII—Other matters Sec. 6701. Internships of United States nationals at international organizations. Sec. 6702. Training for international organizations. Sec. 6703. Modification to transparency on international agreements and non-binding instruments. Sec. 6704. Report on partner forces utilizing United States security assistance identified as using hunger as a weapon of war. Sec. 6705. Infrastructure projects and investments by the United States and People’s Republic of China. Sec. 6706. Special envoys. Sec. 6707. US–ASEAN Center. Sec. 6708. Briefings on the United States-European Union Trade and Technology Council. Sec. 6709. Modification and repeal of reports. Sec. 6710. Modification of Build Act of 2018 to prioritize projects that advance national security. Sec. 6711. Permitting for international bridges. TITLE LXVIII—AUKUS matters Sec. 6801. Definitions. Subtitle A—Outlining the AUKUS partnership Sec. 6811. Statement of policy on the AUKUS partnership. Sec. 6812. Senior Advisor for the AUKUS partnership at the Department of State. Subtitle B—Authorization for AUKUS submarine training Sec. 6823. Australia, United Kingdom, and United States submarine security training. Subtitle C—Streamlining and protecting transfers of United States military technology from compromise Sec. 6831. Priority for Australia and the United Kingdom in Foreign Military Sales and Direct Commercial Sales. Sec. 6832. Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through Foreign Military Sales and Direct Commercial Sales. Sec. 6833. Export control exemptions and standards. Sec. 6834. Expedited review of export licenses for exports of advanced technologies to Australia, the United Kingdom, and Canada. Sec. 6835. United States Munitions List. Subtitle D—Other AUKUS matters Sec. 6841. Reporting related to the AUKUS partnership. DIVISION G—Unidentified anomalous phenomena disclosure Sec. 9001. Short title. Sec. 9002. Findings, declarations, and purposes. Sec. 9003. Definitions. Sec. 9004. Unidentified Anomalous Phenomena Records Collection at the National Archives and Records Administration. Sec. 9005. Review, identification, transmission to the National Archives, and public disclosure of unidentified anomalous phenomena records by Government offices. Sec. 9006. Grounds for postponement of public disclosure of unidentified anomalous phenomena records. Sec. 9007. Establishment and powers of the Unidentified Anomalous Phenomena Records Review Board. Sec. 9008. Unidentified Anomalous Phenomena Records Review Board personnel. Sec. 9009. Review of records by the Unidentified Anomalous Phenomena Records Review Board. Sec. 9010. Disclosure of recovered technologies of unknown origin and biological evidence of non-human intelligence. Sec. 9011. Disclosure of other materials and additional study. Sec. 9012. Rules of construction. Sec. 9013. Termination of effect of division. Sec. 9014. Authorization of appropriations. Sec. 9015. Severability. DIVISION H—Architect of the Capitol Appointment Act of 2023 Sec. 10001. Short title. Sec. 10002. Appointment and term of service of Architect of the Capitol. Sec. 10003. Appointment of Deputy Architect of the Capitol; vacancy in Architect or Deputy Architect. Sec. 10004. Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy. DIVISION I—Fair debt collection practices for servicemembers Sec. 11001. Short title. Sec. 11002. Enhanced protection against debt collector harassment of servicemembers. Sec. 11003. GAO study. DIVISION J—Native American Housing Assistance and Self-Determination Reauthorization Act of 2023 Sec. 11001. Short title. Sec. 11002. Consolidation of environmental review requirements. Sec. 11003. Authorization of appropriations. Sec. 11004. Student housing assistance. Sec. 11005. Application of rent rule only to units owned or operated by Indian tribe or tribally designated housing entity. Sec. 11006. De minimis exemption for procurement of goods and services. Sec. 11007. Homeownership or lease-to-own low-income requirement and income targeting. Sec. 11008. Lease requirements and tenant selection. Sec. 11009. Indian Health Service. Sec. 11010. Statutory authority to suspend grant funds in emergencies. Sec. 11011. Reports to Congress. Sec. 11012. 99-year leasehold interest in trust or restricted lands for housing purposes. Sec. 11013. Amendments for block grants for affordable housing activities. Sec. 11014. Reauthorization of Native Hawaiian homeownership provisions. Sec. 11015. Total development cost maximum project cost. Sec. 11016. Community-based development organizations and special activities by Indian Tribes. Sec. 11017. Section 184 Indian Home Loan Guarantee program. Sec. 11018. Loan guarantees for Native Hawaiian housing. Sec. 11019. Drug elimination program. Sec. 11020. Rental assistance for homeless or at-risk Indian veterans. Sec. 11021. Continuum of care. Sec. 11022. Leveraging. DIVISION K—Fort Belknap Indian Community Water Rights Settlement Act of 2023 Sec. 11001. Short title. Sec. 11002. Purposes. Sec. 11003. Definitions. Sec. 11004. Ratification of Compact. Sec. 11005. Tribal water rights. Sec. 11006. Exchange and transfer of land. Sec. 11007. Storage allocation from Lake Elwell. Sec. 11008. Milk River Project mitigation. Sec. 11009. Fort Belknap Indian Irrigation Project System. Sec. 11010. Satisfaction of claims. Sec. 11011. Waivers and releases of claims. Sec. 11012. Aaniiih Nakoda Settlement Trust Fund. Sec. 11013. Fort Belknap Indian Community Water Settlement Implementation Fund. Sec. 11014. Funding. Sec. 11015. Miscellaneous provisions. Sec. 11016. Antideficiency. DIVISION L—Committee on Homeland Security and Governmental Affairs TITLE LXIX—Federal data and information security Subtitle A—Federal Data Center Enhancement Act of 2023 Sec. 11001. Short title. Sec. 11002. Federal Data Center Consolidation Initiative Amendments. TITLE LXX—Stemming the Flow of Illicit Narcotics Subtitle A—Enhancing DHS Drug Seizures Act Sec. 11101. Short title. Sec. 11102. Coordination and information sharing. Sec. 11103. Danger pay for Department of Homeland Security personnel deployed abroad. Sec. 11104. Improving training to foreign-vetted law enforcement or national security units. Sec. 11105. Enhancing the operations of U.S. Customs and Border Protection in foreign countries. Sec. 11106. Drug seizure data improvement. Sec. 11107. Drug performance measures. Sec. 11108. Penalties for hindering immigration, border, and customs controls. Subtitle B—Non-Intrusive Inspection Expansion Act Sec. 11111. Short title. Sec. 11112. Use of non-intrusive inspection systems at land ports of entry. Sec. 11113. Non-intrusive inspection systems for outbound inspections. Sec. 11114. GAO review and report. Subtitle C—Securing America's Ports of Entry Act of 2023 Sec. 11121. Short title. Sec. 11122. Additional U.S. Customs and Border Protection personnel. Sec. 11123. Ports of entry infrastructure enhancement report. Sec. 11124. Reporting requirements. Sec. 11125. Authorization of appropriations. Subtitle D—Border Patrol Enhancement Act Sec. 11131. Short title. Sec. 11132. Authorized staffing level for the United States Border Patrol. Sec. 11133. Establishment of higher rates of regularly scheduled overtime pay for United States Border Patrol agents classified at GS–12. Sec. 11134. GAO assessment of recruiting efforts, hiring requirements, and retention of law enforcement personnel. Sec. 11135. Continuing training. Sec. 11136. Reporting requirements. Subtitle E—END FENTANYL Act Sec. 11141. Short titles. Sec. 11142. Ensuring timely updates to U.S. Customs and Border Protection field manuals. TITLE LXXI—Improving Lobbying Disclosure Requirements Subtitle A—Lobbying Disclosure Improvement Act Sec. 11201. Short title. Sec. 11202. Registrant disclosure regarding foreign agent registration exemption. Subtitle B—Disclosing Foreign Influence in Lobbying Act Sec. 11211. Short title. Sec. 11212. Clarification of contents of registration. TITLE LXXII—Protecting Our Domestic Workforce and Supply Chain Subtitle A—Government-wide study relating to high-security leased space Sec. 11301. Government-wide study. Subtitle B—Intergovernmental Critical Minerals Task Force Sec. 11311. Short title. Sec. 11312. Findings. Sec. 11313. Intergovernmental critical minerals task force. Subtitle C—Customs Trade Partnership Against Terrorism Pilot Program Act of 2023 Sec. 11321. Short title. Sec. 11322. Definitions. Sec. 11323. Pilot program on participation of third-party logistics providers in ctpat. Sec. 11324. Report on effectiveness of CTPAT. Sec. 11325. No additional funds authorized. Subtitle D—Military Spouse Employment Act Sec. 11331. Short title. Sec. 11332. Appointment of military spouses. Sec. 11333. GAO study and report. Subtitle E—Designation of airports Sec. 11341. Designation of additional port of entry for the importation and exportation of wildlife and wildlife products by the United States Fish and Wildlife Service. DIVISION M—Intelligence Authorization Act for Fiscal Year 2024 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Intelligence Community Management Account. Sec. 104. Increase in employee compensation and benefits authorized by law. TITLE II—Central Intelligence Agency retirement and disability system Sec. 201. Authorization of appropriations. TITLE III—Intelligence community matters Subtitle A—General intelligence community matters Sec. 301. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies. Sec. 302. Policy and performance framework for mobility of intelligence community workforce. Sec. 303. In-State tuition rates for active duty members of the intelligence community. Sec. 304. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys. Sec. 305. Improving administration of certain post-employment restrictions for intelligence community. Sec. 306. Mission of the National Counterintelligence and Security Center. Sec. 307. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 308. Department of Energy science and technology risk assessments. Sec. 309. Congressional oversight of intelligence community risk assessments. Sec. 310. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document. Sec. 311. Office of Intelligence and Analysis. Subtitle B—Central Intelligence Agency Sec. 321. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations. Sec. 322. Modifications to procurement authorities of the Central Intelligence Agency. Sec. 323. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure. TITLE IV—Matters concerning foreign countries Subtitle A—People’s Republic of China Sec. 401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China. Sec. 402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa. Sec. 403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China. Sec. 404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China. Sec. 405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party and Russian foreign malign influence operations against the United States. Sec. 406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern. Subtitle B—Other foreign countries Sec. 411. Report on efforts to capture and detain United States citizens as hostages. Sec. 412. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework. TITLE V—Matters pertaining to United States economic and emerging technology competition with United States adversaries Subtitle A—General matters Sec. 501. Assignment of detailees from intelligence community to Department of Commerce. Subtitle B—Next-generation energy, biotechnology, and artificial intelligence Sec. 511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China. Sec. 512. Assessment of using civil nuclear energy for intelligence community capabilities. Sec. 513. Policies established by Director of National Intelligence for artificial intelligence capabilities. TITLE VI—Whistleblower matters Sec. 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community. Sec. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community. Sec. 603. Establishing process parity for adverse security clearance and access determinations. Sec. 604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations. Sec. 605. Modification and repeal of reporting requirements. TITLE VII—Classification reform Subtitle A—Classification Reform Act of 2023 Sec. 701. Short title. Sec. 702. Definitions. Sec. 703. Classification and declassification of information. Sec. 704. Transparency officers. Subtitle B—Sensible Classification Act of 2023 Sec. 711. Short title. Sec. 712. Definitions. Sec. 713. Findings and sense of the Senate. Sec. 714. Classification authority. Sec. 715. Promoting efficient declassification review. Sec. 716. Training to promote sensible classification. Sec. 717. Improvements to Public Interest Declassification Board. Sec. 718. Implementation of technology for classification and declassification. Sec. 719. Studies and recommendations on necessity of security clearances. TITLE VIII—Security clearance and trusted workforce Sec. 801. Review of shared information technology services for personnel vetting. Sec. 802. Timeliness standard for rendering determinations of trust for personnel vetting. Sec. 803. Annual report on personnel vetting trust determinations. Sec. 804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0. Sec. 805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis. TITLE IX—Anomalous health incidents Sec. 901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain. Sec. 902. Clarification of requirements to seek certain benefits relating to injuries to the brain. Sec. 903. Intelligence community implementation of HAVANA Act of 2021 authorities. Sec. 904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents. TITLE X—Election security Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023. TITLE XI—Other matters Sec. 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office. Sec. 1102. Funding limitations relating to unidentified anomalous phenomena.", "id": "id6A735965E3384A18B5C23A03AC1B99C9", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the National Defense Authorization Act for Fiscal Year 2024.", "id": "id333201e6faad4e50be7e0c9dddf17704", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. DIVISION A—Department of Defense authorizations TITLE I—Procurement Subtitle A—Authorization of appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army programs Sec. 111. Report on Army requirements and acquisition strategy for night vision devices. Sec. 112. Army plan for ensuring sources of cannon tubes. Sec. 113. Strategy for Army tactical wheeled vehicle program. Sec. 114. Extension and modification of annual updates to master plans and investment strategies for Army ammunition plants. Sec. 115. Report on acquisition strategies of the logistics augmentation program of the Army. Subtitle C—Navy programs Sec. 121. Reduction in the minimum number of Navy carrier air wings and carrier air wing headquarters required to be maintained. Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 123. Multiyear procurement authority for Virginia class submarine program. Sec. 124. Sense of Senate on procurement of outstanding F/A–18 Super Hornet platforms. Subtitle D—Air Force programs Sec. 131. Limitations and minimum inventory requirement relating to RQ–4 aircraft. Sec. 132. Limitation on divestiture of T–1A training aircraft. Sec. 133. Modification to minimum inventory requirement for A–10 aircraft. Sec. 134. Modification to minimum requirement for total primary mission aircraft inventory of Air Force fighter aircraft. Sec. 135. Modification of limitation on divestment of F–15 aircraft. Sec. 136. Report on Air Force executive aircraft. Sec. 137. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft. Subtitle E—Defense-wide, joint, and multiservice matters Sec. 141. Pilot program to accelerate the procurement and fielding of innovative technologies. Sec. 142. Requirement to develop and implement policies to establish the datalink strategy of the Department of Defense. Sec. 143. Report on contract for cybersecurity capabilities and briefing. TITLE II—Research, development, test, and evaluation Subtitle A—Authorization of appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program requirements, restrictions, and limitations Sec. 211. Updated guidance on planning for exportability features for future programs. Sec. 212. Support to the Defence Innovation Accelerator for the North Atlantic. Sec. 213. Modification to personnel management authority to attract experts in science and engineering. Sec. 214. Administration of the Advanced Sensors Application Program. Sec. 215. Delegation of responsibility for certain research programs. Sec. 216. Program of standards and requirements for microelectronics. Sec. 217. Clarifying role of partnership intermediaries to promote defense research and education. Sec. 218. Competition for technology that detects and watermarks the use of generative artificial intelligence. Subtitle C—Plans, reports, and other matters Sec. 221. Department of Defense prize competitions for business systems modernization. Sec. 222. Update to plans and strategies for artificial intelligence. Sec. 223. Western regional range complex demonstration. Sec. 224. Report on feasibility and advisability of establishing a quantum computing innovation center. Sec. 225. Briefing on the impediments to the transition of the Semantic Forensics program to operational use. Sec. 226. Annual report on Department of Defense hypersonic capability funding and investment. Sec. 227. Limitation on availability of funds for travel for office of Under Secretary of Defense for Personnel and Readiness pending a plan for modernizing Defense Travel System. Sec. 228. Annual report on unfunded priorities for research, development, test, and evaluation activities. Sec. 229. Establishment of technology transition program for strategic nuclear deterrence. Sec. 230. Review of artificial intelligence investment. TITLE III—Operation and Maintenance Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Requirement for approval by Under Secretary of Defense for Acquisition and Sustainment of any waiver for a system that does not meet fuel efficiency key performance parameter. Sec. 312. Improvement and codification of Sentinel Landscapes Partnership program authority. Sec. 313. Modification of definition of sustainable aviation fuel for purpose of pilot program on use of such fuel. Sec. 314. Payment to Environmental Protection Agency of stipulated penalties in connection with Naval Air Station Moffett Field, California. Sec. 315. Technical assistance for communities and individuals potentially affected by releases at current and former Department of Defense facilities. Subtitle C—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 321. Treatment of certain materials contaminated with perfluoroalkyl substances or polyfluoroalkyl substances. Sec. 322. Increase of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 323. Modification of authority for environmental restoration projects at National Guard facilities. Sec. 324. Limitation on availability of travel funds until submittal of plan for restoring data sharing on testing of water for perfluoroalkyl or polyfluoroalkyl substances. Sec. 325. Dashboard of funding relating to perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 326. Report on schedule and cost estimates for completion of testing and remediation of contaminated sites and publication of cleanup information. Sec. 327. Modification of timing of report on activities of PFAS Task Force. Sec. 328. Government Accountability Office report on testing and remediation of perfluoroalkyl substances and polyfluoroalkyl substances. Subtitle D—Logistics and Sustainment Sec. 331. Assuring Critical Infrastructure Support for Military Contingencies Pilot Program. Sec. 332. Strategy and assessment on use of automation and artificial intelligence for shipyard optimization. Subtitle E—Briefings and Reports Sec. 341. Critical infrastructure conditions at military installations. Sec. 342. Report on establishing sufficient stabling, pasture, and training area for the Old Guard Caisson Platoon equines. Sec. 343. Quarterly briefings on operational status of amphibious warship fleet of Department of the Navy. Sec. 344. Briefing on plan for maintaining proficiency in emergency movement of munitions in Joint Region Marianas, Guam. Subtitle F—Other Matters Sec. 351. Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School. Sec. 352. Restriction on retirement of U–28 Aircraft. Sec. 353. Tribal liaisons. Sec. 354. Limitation on use of funds to expand leased facilities for the Joint Military Information Support Operations Web Operations Center. Sec. 355. Modifications to the Contested Logistics Working Group of the Department of Defense. Sec. 356. Establishment of Caisson Platoon to support military and State funeral services. Sec. 357. Limitation on availability of funds pending 30-year shipbuilding plan that maintains 31 amphibious warships for the Department of the Navy. Sec. 358. Modification of rule of construction regarding provision of support and services to non-Department of Defense organizations and activities. Sec. 359. Modifications to military aviation and installation assurance clearinghouse for review of mission obstructions. TITLE IV—Military personnel authorizations Subtitle A—Active forces Sec. 401. End strengths for active forces. Sec. 402. End strength level matters. Sec. 403. Extension of additional authority to vary Space Force end strength. Subtitle B—Reserve forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the Reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C—Authorization of appropriations Sec. 421. Military personnel. TITLE V—Military personnel policy Subtitle A—Officer personnel policy Sec. 501. Authorized strength: general and flag officers on active duty. Sec. 502. Prohibition on appointment or nomination of certain officers who are subject to special selection review boards. Sec. 503. Exclusion of officers who are licensed behavioral health providers from limitations on active duty commissioned officer end strengths. Sec. 504. Updating authority to authorize promotion transfers between components of the same service or a different service. Sec. 505. Effect of failure of selection for promotion. Sec. 506. Permanent authority to order retired members to active duty in high-demand, low-density appointments. Sec. 507. Waiver authority expansion for the extension of service obligation for Marine Corps cyberspace operations officers. Sec. 508. Removal of active duty prohibition for members of the Air Force Reserve Policy Committee. Sec. 509. Extension of authority to vary number of Space Force officers considered for promotion to major general. Sec. 510. Realignment of Navy spot-promotion quotas. Sec. 511. Modification of limitation on promotion selection board rates. Sec. 512. Time in grade requirements. Sec. 513. Flexibility in determining terms of appointment for certain senior officer positions. Subtitle B—Reserve component management Sec. 521. Alternative promotion authority for reserve officers in designated competitive categories. Sec. 522. Selected Reserve and Ready Reserve order to active duty to respond to a significant cyber incident. Sec. 523. Mobilization of Selected Reserve for preplanned missions in support of the combatant commands. Sec. 524. Alternating selection of officers of the National Guard and the Reserves as deputy commanders of certain combatant commands. Sec. 525. Grade of Vice Chief of the National Guard Bureau. Subtitle C—General service authorities and military records Sec. 531. Modification of limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level. Sec. 532. Non-medical counseling services for military families. Sec. 533. Primacy of needs of the service in determining individual duty assignments. Sec. 534. Requirement to use qualifications, performance, and merit as basis for promotions, assignments, and other personnel actions. Sec. 535. Requirement to base treatment in the military on merit and performance. Sec. 536. Tiger team for outreach to former members. Sec. 537. Diversity, equity, and inclusion personnel grade cap. Subtitle D—Military justice and other legal matters Sec. 541. Establishment of staggered terms for members of the Military Justice Review Panel. Sec. 542. Technical and conforming amendments to the Uniform Code of Military Justice. Sec. 543. Annual report on initiative to enhance the capability of military criminal investigative organizations to prevent and combat child sexual exploitation. Subtitle E—Member Education, Training, Transition Sec. 551. Future servicemember preparatory course. Sec. 552. Determination of active duty service commitment for recipients of fellowships, grants, and scholarships. Sec. 553. Military service academy professional sports pathway report and legislative proposal required. Sec. 554. Community college Enlisted Training Corps demonstration program. Sec. 555. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense. Sec. 556. Limitation on availability of funds for relocation of Army CID special agent training course. Sec. 557. Army Physical Fitness Test. Sec. 558. Opt-out sharing of information on members retiring or separating from the Armed Forces with community-based organizations and related entities. Sec. 559. Establishment of program to promote participation of foreign students in the Senior Reserve Officers' Training Corps. Sec. 560. Consideration of standardized test scores in military service academy application process. Sec. 560A. Extension of Troops for Teachers program to the Job Corps. Subtitle F—Military Family Readiness and Dependents' Education Sec. 561. Pilot program on recruitment and retention of employees for child development programs. Sec. 562. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. Sec. 563. Modifications to assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations. Sec. 564. Assistance for military spouses to obtain doula certifications. Subtitle G—Junior Reserve Officers' Training Corps Sec. 571. Expansion of Junior Reserve Officers’ Training Corps. Sec. 572. JROTC program certification. Sec. 573. Memorandum of understanding required. Sec. 574. Junior Reserve Officers’ Training Corps instructor compensation. Sec. 575. Annual report on allegations of sexual misconduct in JROTC programs. Sec. 576. Comptroller General report on efforts to increase transparency and reporting on sexual violence in the Junior Reserve Officers’ Training Corps Program. Subtitle H—Decorations and other awards, miscellaneous reports and other matters Sec. 581. Extension of deadline for review of World War I valor medals. Sec. 582. Prohibition on former members of the Armed Forces accepting post-service employment with certain foreign governments. Sec. 583. Prohibition on requiring listing of gender or pronouns in official correspondence. Subtitle I—Enhanced recruiting efforts Sec. 591. Short title. Sec. 592. Increased access to potential recruits at secondary schools. Sec. 593. Increased access to potential recruits at institutions of higher education. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances Sec. 601. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation. Sec. 602. Modification of calculation method for basic allowance for housing to more accurately assess housing costs of junior members of uniformed services. Sec. 603. Basic allowance for housing for members assigned to vessels undergoing maintenance. Sec. 604. Dual basic allowance for housing for training for certain members of reserve components. Sec. 605. Modification of calculation of gross household income for basic needs allowance to address areas of demonstrated need. Sec. 606. Expansion of eligibility for reimbursement of qualified licensure, certification, and business relocation costs incurred by military spouses. Sec. 607. Cost-of-living allowance in the continental United States: high cost areas. Sec. 608. OCONUS cost-of-living allowance: adjustments. Sec. 609. Extension of one-time uniform allowance for officers who transfer to the Space Force. Sec. 610. Review of rates of military basic pay. Sec. 611. Government Accountability Office study on process for determining cost-of-living allowances for members of the uniformed services assigned to the continental United States, Hawaii, Alaska, and overseas locations. Subtitle B—Bonus and Incentive Pays Sec. 621. Modification of special and incentive pay authorities for members of reserve components. Sec. 622. Expansion of continuation pay eligibility. Sec. 623. One-year extension of certain expiring bonus and special pay authorities. Sec. 624. Requirement to establish remote and austere condition assignment incentive pay program for Air Force. Sec. 625. Extension of travel allowance for members of the Armed Forces assigned to Alaska. Subtitle C—Other Matters Sec. 631. Modification of requirements for approval of foreign employment by retired and reserve members of uniformed services. Sec. 632. Restrictions on retired and reserve members of the Armed Forces receiving employment and compensation indirectly from foreign governments through private entities. TITLE VII—Health Care Provisions Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Extension of period of eligibility for health benefits under TRICARE Reserve Select for survivors of a member of the Selected Reserve. Sec. 702. Authority to provide dental care for dependents located at certain remote or isolated locations. Sec. 703. Inclusion of assisted reproductive technology and artificial insemination as required primary and preventive health care services for members of the uniformed services and dependents. Sec. 704. Program on treatment of members of the Armed Forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma. Sec. 705. Waiver of cost-sharing for three mental health outpatient visits for certain beneficiaries under the TRICARE program. Sec. 706. Expansion of doula care furnished by Department of Defense. Sec. 707. Sense of Congress on access to mental health services through TRICARE. Subtitle B—Health Care Administration Sec. 711. Increase in stipend for participants in health professions scholarship and financial assistance programs. Sec. 712. Financial relief for civilians treated in military medical treatment facilities. Sec. 713. Department of Defense Overdose Data Act of 2023. Sec. 714. Modification of administration of medical malpractice claims by members of the uniformed services. Subtitle C—Reports and Other Matters Sec. 721. Modification of partnership program between United States and Ukraine for military trauma care and research. Sec. 722. Requirement that Department of Defense disclose expert reports with respect to medical malpractice claims by members of the uniformed services. Sec. 723. Comptroller General study on impact of perinatal mental health conditions of members of the Armed Forces and their dependents on military readiness and retention. Sec. 724. Report on mental and behavioral health services provided by Department of Defense. Sec. 725. Report on activities of Department of Defense to prevent, intervene, and treat perinatal mental health conditions of members of the Armed Forces and their dependents. Sec. 726. Study on family planning and cryopreservation of gametes to improve retention of members of the Armed Forces. TITLE VIII—Acquisition policy, acquisition management, and related matters Subtitle A—Acquisition policy and management Sec. 801. Amendments to multiyear procurement authority. Sec. 802. Modernizing the Department of Defense requirements process. Sec. 803. Head of Contracting Authority for Strategic Capabilities Office. Sec. 804. Pilot program for the use of innovative intellectual property strategies. Sec. 805. Focused commercial solutions openings opportunities. Sec. 806. Study on reducing barriers to acquisition of commercial products and services. Sec. 807. Sense of the Senate on independent cost assessment. Sec. 808. Emergency acquisition authority for purposes of replenishing United States stockpiles. Subtitle B—Amendments to general contracting authorities, procedures, and limitations Sec. 811. Commander initiated rapid contracting actions. Sec. 812. Extension and revisions to never contract with the enemy. Sec. 813. Enhancement of Department of Defense capabilities to prevent contractor fraud. Sec. 814. Modification of approval authority for high dollar other transaction agreements for prototypes. Sec. 815. Modifications to Earned Value Management system requirements. Sec. 816. Inventory of inflation and escalation indices. Sec. 817. Pilot program to incentivize progress payments. Sec. 818. Extension of pilot program to accelerate contracting and pricing processes. Sec. 819. Preventing conflicts of interest for Department of Defense consultants. Sec. 820. Prohibition on requiring defense contractors to provide information relating to greenhouse gas emissions. Sec. 821. Prohibition on contracts for the provision of online tutoring services by entities owned by the People's Republic of China. Sec. 822. Modification of truthful cost or pricing data submissions and report. Sec. 823. Repeal of bonafide office rule for 8(a) contracts with the Department of Defense. Subtitle C—Industrial base matters Sec. 831. Defense industrial base advanced capabilities pilot program. Sec. 832. Department of Defense notification of certain transactions. Sec. 833. Analyses of certain activities for action to address sourcing and industrial capacity. Sec. 834. Pilot program on capital assistance to support defense investment in the industrial base. Sec. 835. Requirement to buy certain satellite components from national technology and industrial base. Sec. 836. Sense of Congress relating to rubber supply. Subtitle D—Small business matters Sec. 841. Amendments to Defense Research and Development Rapid Innovation Program. Sec. 842. Department of Defense Mentor-Protégé Program. Sec. 843. Consideration of the past performance of affiliate companies of small businesses. Sec. 844. Timely payments for Department of Defense small business subcontractors. Sec. 845. Extension of Pilot Program for streamlined technology transition from the SBIR and STTR Programs of the Department of Defense. Sec. 846. Annual reports regarding the SBIR program of the Department of Defense. Sec. 847. Modifications to the Procurement Technical Assistance Program. Sec. 848. Extension of pilot program to incentivize contracting with employee-owned businesses. Sec. 849. Eliminating self-certification for service-disabled veteran-owned small businesses. Sec. 850. Payment of subcontractors. Sec. 851. Increase in Governmentwide goal for participation in Federal contracts by small business concerns owned and controlled by service-disabled veterans. Sec. 852. Amendments to contracting authority for certain small business concerns. Subtitle E—Other matters Sec. 861. Limitation on the availability of funds pending a plan for implementing the replacement for the Selected Acquisition Reporting system. Sec. 862. Extension of pilot program for distribution support and services for weapons systems contractors. Sec. 863. Modification of effective date for expansion on the prohibition on acquiring certain metal products. Sec. 864. Foreign sources of specialty metals. Sec. 865. University Affiliated Research Center for critical minerals. Sec. 866. Enhanced domestic content requirement for navy shipbuilding programs. Sec. 867. Addition of Administrator of the Small Business Administration to the Federal Acquisition Regulatory Council. Sec. 868. Modifications to rights in technical data. TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A—Office of the Secretary of Defense and Related Matters Sec. 901. Establishment of Office of Strategic Capital. Sec. 902. Reinstatement of position of Chief Management Officer of Department of Defense. Sec. 903. Modification of responsibilities of Director of Cost Assessment and Program Evaluation. Sec. 904. Roles and responsibilities for components of Office of Secretary of Defense for joint all-domain command and control in support of integrated joint warfighting. Sec. 905. Principal Deputy Assistant Secretaries to support Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Sec. 906. Modification of cross-functional team to address emerging threat relating to directed energy capabilities. Sec. 907. Pilot program on protecting access to critical assets. Sec. 908. Extension of mission management pilot program. Sec. 909. Conforming amendments to carry out elimination of position of Chief Management Officer. Subtitle B—Other Department of Defense Organization and Management Matters Sec. 921. Joint Energetics Transition Office. Sec. 922. Transition of oversight responsibility for the Defense Technology Security Administration. Sec. 923. Integrated and authenticated access to Department of Defense systems for certain congressional staff for oversight purposes. Sec. 924. Integration of productivity software suites for scheduling data. Sec. 925. Operationalizing audit readiness. Sec. 926. Next generation business health metrics. Sec. 927. Independent assessment of defense business enterprise architecture. Sec. 928. Limitation on establishment of new diversity, equity, and inclusion positions; hiring freeze. TITLE X—General provisions Subtitle A—Financial matters Sec. 1001. General transfer authority. Sec. 1002. Annual report on budget prioritization by Secretary of Defense and military departments. Sec. 1003. Additional reporting requirements related to unfunded priorities. Sec. 1004. Sense of the Senate on need for emergency supplemental appropriations. Subtitle B—Counterdrug activities Sec. 1011. Disruption of fentanyl trafficking. Sec. 1012. Enhanced support for counterdrug activities and activities to counter transnational organized crime. Sec. 1013. Modification of support for counterdrug activities and activities to counter transnational organized crime: increase in cap for small scale construction projects. Sec. 1014. Building the capacity of armed forces of Mexico to counter the threat posed by transnational criminal organizations. Subtitle C—Naval vessels Sec. 1021. Modification of authority to purchase used vessels under the National Defense Sealift Fund. Sec. 1022. Amphibious warship force availability. Sec. 1023. Prohibition on retirement of certain naval vessels. Sec. 1024. Report on the potential for an Army and Navy joint effort for watercraft vessels. Subtitle D—Counterterrorism Sec. 1031. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1033. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1034. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Subtitle E—Miscellaneous authorities and limitations Sec. 1041. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers. Sec. 1042. Authority to include funding requests for the chemical and biological defense program in budget accounts of military departments. Sec. 1043. Unfavorable security clearance eligibility determinations and appeals. Sec. 1044. Assistance in support of Department of Defense accounting for missing United States Government personnel. Sec. 1045. Implementation of arrangements to build transparency, confidence, and security. Sec. 1046. Access to and use of military post offices by United States citizens employed overseas by the North Atlantic Treaty Organization who perform functions in support of military operations of the Armed Forces. Sec. 1047. Removal of time limitations of temporary protection and authorization of reimbursement for security services and equipment for former or retired Department of Defense personnel. Sec. 1048. Annual Defense POW/MIA Accounting Agency (DPAA) capabilities required to expand accounting for persons missing from designated past conflicts. Sec. 1049. Access to commissary and exchange privileges for remarried spouses. Subtitle F—Studies and reports Sec. 1051. Annual report and briefing on implementation of Force Design 2030. Sec. 1052. Plan for conversion of Joint Task Force North into Joint Interagency Task Force North. Sec. 1053. Report on use of tactical fighter aircraft and bomber aircraft for deployments and homeland defense missions. Sec. 1054. Modifications of reporting requirements. Sec. 1055. Report on equipping certain ground combat units with small unmanned aerial systems. Sec. 1056. Comprehensive assessment of Marine Corps Force Design 2030. Sec. 1057. Strategy to achieve critical mineral supply chain independence for the Department of Defense. Sec. 1058. Quarterly briefing on homeland defense planning. Sec. 1059. Special operations force structure. Sec. 1060. Briefing on commercial tools employed by the Department of Defense to assess foreign ownership, control, or influence. Sec. 1061. Plan on countering human trafficking. Sec. 1062. Briefing and report on use and effectiveness of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1063. Ensuring reliable supply of critical minerals. Subtitle G—Other matters Sec. 1071. Matters related to irregular warfare. Sec. 1072. Joint concept for competing implementation updates. Sec. 1073. Limitation on certain funding until submission of the Chairman’s Risk Assessment and briefing requirement. Sec. 1074. Notification of safety and security concerns at certain Department of Defense laboratories. Sec. 1075. Assessment and recommendations relating to infrastructure, capacity, resources, and personnel in Guam. Sec. 1076. Program and processes relating to foreign acquisition. Sec. 1077. Technical and conforming amendments related to the Space Force. Sec. 1078. Authority to establish commercial integration cells within certain combatant commands. Sec. 1079. Modification on limitation on funding for institutions of higher education hosting Confucius Institutes. Sec. 1080. Modification of definition of domestic source for title III of Defense Production Act of 1950. Sec. 1081. Comprehensive strategy for talent development and management of Department of Defense computer programming workforce. Sec. 1082. Limitation on availability of funds for destruction of landmines. Sec. 1083. Nogales wastewater improvement. Sec. 1084. Authorization of amounts to support initiatives for mobile mammography services for veterans. Sec. 1085. Protection of covered sectors. Sec. 1086. Review of agriculture-related transactions by Committee on Foreign Investment in the United States. Sec. 1087. 9/11 Responder and Survivor Health Funding Correction Act of 2023. Sec. 1088. Reauthorization of voluntary registry for firefighter cancer incidence. Sec. 1089. Requirement for unqualified opinion on financial statement. Sec. 1090. Briefing on Air National Guard active associations. Sec. 1090A. Informing Consumers about Smart Devices Act. Sec. 1090B. Improving processing by Department of Veterans Affairs of disability claims for post-traumatic stress disorder through improved training. Sec. 1090C. U.S. Hostage and Wrongful Detainee Day Act of 2023. Sec. 1090D. Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities. Sec. 1090E. Conduct of winter season reconnaissance of atmospheric rivers in the western United States. Sec. 1090F. National Cold War Center designation. Sec. 1090G. Semiconductor program. Sec. 1090H. Prohibition of demand for bribe. Sec. 1090I. Studies and reports on treatment of service of certain members of the Armed Forces who served in female cultural support teams. Sec. 1090J. Global cooperative framework to end human rights abuses in sourcing critical minerals. Sec. 1090K. Readmission requirements for servicemembers. Subtitle H—Drone security Sec. 1091. Short title. Sec. 1092. Definitions. Sec. 1093. Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities. Sec. 1094. Prohibition on operation of covered unmanned aircraft systems from covered foreign entities. Sec. 1095. Prohibition on use of Federal funds for procurement and operation of covered unmanned aircraft systems from covered foreign entities. Sec. 1096. Prohibition on use of Government-issued Purchase Cards to purchase covered unmanned aircraft systems from covered foreign entities. Sec. 1097. Management of existing inventories of covered unmanned aircraft systems from covered foreign entities. Sec. 1098. Comptroller General report. Sec. 1099. Government-wide policy for procurement of unmanned aircraft systems. Sec. 1099A. State, local, and territorial law enforcement and emergency service exemption. Sec. 1099B. Study. Sec. 1099C. Exceptions. Sec. 1099D. Sunset. Subtitle I—Radiation Exposure Compensation Act PART I—Manhattan Project waste Sec. 1099AA. Claims relating to Manhattan Project waste. PART II—Compensation for workers involved in uranium mining Sec. 1099BB. Short title. Sec. 1099CC. References. Sec. 1099DD. Extension of fund. Sec. 1099EE. Claims relating to atmospheric testing. Sec. 1099FF. Claims relating to uranium mining. Sec. 1099GG. Expansion of use of affidavits in determination of claims; regulations. Sec. 1099HH. Limitation on claims. Sec. 1099II. Grant program on epidemiological impacts of uranium mining and milling. Sec. 1099JJ. Energy Employees Occupational Illness Compensation Program. Subtitle J—Crypto assets Sec. 1099AAA. Crypto asset anti-money laundering examination standards. Sec. 1099BBB. Combating anonymous crypto asset transactions. Subtitle K—Combating Cartels on Social Media Act of 2023 Sec. 1099AAAA. Short title. Sec. 1099BBBB. Definitions. Sec. 1099CCCC. Assessment of illicit usage. Sec. 1099DDDD. Strategy to combat cartel recruitment on social media and online platforms. Sec. 1099EEEE. Rule of construction. Sec. 1099FFFF. No additional funds. TITLE XI—Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment Sec. 1101. Short title; table of contents. Sec. 1102. Definitions. Sec. 1103. National security councils of specified countries. TITLE XII—Civilian personnel matters Sec. 1201. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1202. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1203. Exclusion of positions in nonappropriated fund instrumentalities from limitations on dual pay. Sec. 1204. Exception to limitation on number of Senior Executive Service positions for the Department of Defense. Sec. 1205. Removal of Washington Headquarters Services direct support from personnel limitation on the Office of the Secretary of Defense. Sec. 1206. Consolidation of direct hire authorities for candidates with specified degrees at science and technology reinvention laboratories. Sec. 1207. Expansion and extension of direct hire authority for certain personnel of the Department of Defense. Sec. 1208. Extension of direct hire authority for the Department of Defense for post-secondary students and recent graduates. Sec. 1209. Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base. Sec. 1210. Authority to employ civilian faculty members at Space Force schools. Sec. 1211. Report and sunset relating to inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Management. Sec. 1212. Extension of date of first employment for acquisition of competitive status for employees of Inspectors General for overseas contingency operations. Sec. 1213. Expansion of noncompetitive appointment eligibility to spouses of Department of Defense civilians. Sec. 1214. Elimination of Government Accountability Office review requirement relating to Department of Defense personnel authorities. Sec. 1215. Amendments to the John S. McCain Strategic Defense Fellows Program. Sec. 1216. Civilian Cybersecurity Reserve pilot project. TITLE XIII—Matters relating to foreign nations Subtitle A—Assistance and training Sec. 1301. Middle East integrated maritime domain awareness and interdiction capability. Sec. 1302. Authority to provide mission training through distributed simulation. Sec. 1303. Increase in small-scale construction limit and modification of authority to build capacity. Sec. 1304. Extension of legal institutional capacity building initiative for foreign defense institutions. Sec. 1305. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1306. Extension of authority for Department of Defense support for stabilization activities in national security interest of the United States. Sec. 1307. Extension of cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations. Sec. 1308. Limitation on availability of funds for International Security Cooperation Program. Sec. 1309. Modification of Department of Defense security cooperation workforce development. Sec. 1310. Modification of authority to provide support to certain governments for border security operations. Sec. 1311. Modification of Defense Operational Resilience International Cooperation Pilot Program. Sec. 1312. Assistance to Israel for aerial refueling. Sec. 1313. Report on coordination with private entities and State governments with respect to the State Partnership Program. Subtitle B—Matters relating to Syria, Iraq, and Iran Sec. 1321. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1322. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1323. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1324. Briefing on nuclear capability of Iran. Sec. 1325. Modification of establishment of coordinator for detained ISIS members and relevant populations in Syria. Subtitle C—Matters relating to Europe and the Russian Federation Sec. 1331. Extension and modification of Ukraine Security Assistance Initiative. Sec. 1332. Extension and modification of training for Eastern European national security forces in the course of multilateral exercises. Sec. 1333. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine. Sec. 1334. Extension and modification of temporary authorizations related to Ukraine and other matters. Sec. 1335. Prioritization for basing, training, and exercises in North Atlantic Treaty Organization member countries. Sec. 1336. Study and report on lessons learned regarding information operations and deterrence. Sec. 1337. Report on progress on multi-year strategy and plan for the Baltic Security Initiative. Sec. 1338. Sense of the Senate on the North Atlantic Treaty Organization. Sec. 1339. Sense of the Senate on Defence Innovation Accelerator for the North Atlantic (DIANA) in the North Atlantic Treaty Organization. Sec. 1340. Sense of the Senate regarding the arming of Ukraine. Subtitle D—Matters relating to the Indo-Pacific region Sec. 1341. Indo-Pacific Campaigning Initiative. Sec. 1342. Training, advising, and institutional capacity-building program for military forces of Taiwan. Sec. 1343. Indo-Pacific Maritime Domain Awareness Initiative. Sec. 1344. Extension of Pacific Deterrence Initiative. Sec. 1345. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1346. Extension and modification of pilot program to improve cyber cooperation with foreign military partners in Southeast Asia. Sec. 1347. Extension and modification of certain temporary authorizations. Sec. 1348. Plan for enhanced security cooperation with Japan. Sec. 1349. Plan for improvements to certain operating locations in Indo-Pacific region. Sec. 1350. Strategy for improving posture of ground-based theater-range missiles in Indo-Pacific region. Sec. 1351. Enhancing major defense partnership with India. Sec. 1352. Military cybersecurity cooperation with Taiwan. Sec. 1353. Designation of senior official for Department of Defense activities relating to, and implementation plan for, security partnership among Australia, the United Kingdom, and the United States. Sec. 1354. Report and notification relating to transfer of operational control on Korean Peninsula. Sec. 1355. Report on range of consequences of war with the People’s Republic of China. Sec. 1356. Study and report on command structure and force posture of United States Armed Forces in Indo-Pacific region. Sec. 1357. Studies on defense budget transparency of the People’s Republic of China and the United States. Sec. 1358. Briefing on provision of security assistance by the People’s Republic of China and summary of Department of Defense mitigation activities. Sec. 1359. Semiannual briefings on bilateral agreements supporting United States military posture in the Indo-Pacific region. Sec. 1360. Semiannual briefings on military of the People's Republic of China. Sec. 1361. Prohibition on use of funds to support entertainment projects with ties to the Government of the People's Republic of China. Sec. 1362. Prohibition on use of funds for the Wuhan Institute of Virology. Sec. 1363. Audit to identify diversion of Department of Defense funding to China's research labs. Sec. 1364. Prohibiting Federal funding for EcoHealth Alliance Inc. Sec. 1365. Assessment relating to contingency operational plan of United States Indo-Pacific Command. Sec. 1366. Assessment of absorptive capacity of military forces of Taiwan. Sec. 1367. Analysis of risks and implications of potential sustained military blockade of Taiwan by the People's Republic of China. Sec. 1368. Sense of the Senate on defense alliances and partnerships in the Indo-Pacific region. Sec. 1369. Assessment of gifts and grants to United States institutions of higher education from entities on the Non-SDN Chinese Military-Industrial Complex Companies List. Sec. 1370. Extension of export prohibition on munitions items to the Hong Kong Police Force. Subtitle E—Securing maritime data from China Sec. 1371. Short title. Sec. 1372. LOGINK defined. Sec. 1373. Countering the spread of LOGINK. Subtitle F—Reports Sec. 1381. Report on Department of Defense roles and responsibilities in support of National Strategy for the Arctic Region. Subtitle G—Other matters Sec. 1391. Military intelligence collection and analysis partnerships. Sec. 1392. Collaboration with partner countries to develop and maintain military-wide transformational strategies for operational energy. Sec. 1393. Modification of support of special operations for irregular warfare. Sec. 1394. Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment. Sec. 1395. Modification of initiative to support protection of national security academic researchers from undue influence and other security threats. Sec. 1396. Modification of authority for certain payments to redress injury and loss. Sec. 1397. Modification of authority for cooperation on directed energy capabilities. Sec. 1398. Modification of Arctic Security Initiative. Sec. 1399. Termination of authorization of non-conventional assisted recovery capabilities. Sec. 1399A. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen. Sec. 1399B. Extension of United States-Israel anti-tunnel cooperation. Sec. 1399C. Prohibition on delegation of authority to designate foreign partner forces as eligible for the provision of collective self-defense support by United States Armed Forces. Sec. 1399D. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom. Sec. 1399E. Cooperation with allies and partners in Middle East on development of integrated regional cybersecurity architecture. Sec. 1399F. Foreign Advance Acquisition Account. Sec. 1399G. Limitation on availability of funds for travel expenses of the Office of the Secretary of Defense. Sec. 1399H. Plans related to rapid transfer of certain missiles and defense capabilities. Sec. 1399I. Ensuring peace through strength in Israel. Sec. 1399J. Improvements to security cooperation workforce and defense acquisition workforce. Sec. 1399K. Modification of foreign military sales processing. Sec. 1399L. Ending China's developing nation status. Sec. 1399M. Sharing of information with respect to suspected violations of intellectual property rights. Sec. 1399N. Foreign port security assessments. Sec. 1399O. Legal preparedness for servicemembers abroad. Subtitle H—Limitation on withdrawal from NATO Sec. 1399AA. Opposition of Congress to suspension, termination, denunciation, or withdrawal from North Atlantic Treaty. Sec. 1399BB. Limitation on the use of funds. Sec. 1399CC. Notification of treaty action. Sec. 1399DD. Authorization of Legal Counsel to represent Congress. Sec. 1399EE. Reporting requirement. Sec. 1399FF. Rule of construction. Sec. 1399GG. Severability. Sec. 1399HH. Definitions. Subtitle I—Combating global corruption Sec. 1399AAA. Short title. Sec. 1399BBB. Definitions. Sec. 1399CCC. Publication of tiered ranking list. Sec. 1399DDD. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption. Sec. 1399EEE. Imposition of sanctions under Global Magnitsky Human Rights Accountability Act. Sec. 1399FFF. Designation of embassy anti-corruption points of contact. Subtitle J—International children with disabilities protection Sec. 1399AAAA. Short title. Sec. 1399BBBB. Sense of Congress. Sec. 1399CCCC. Definitions. Sec. 1399DDDD. Statement of policy. Sec. 1399EEEE. International Children with Disabilities Protection Program and capacity building. Sec. 1399FFFF. Annual report on implementation. Sec. 1399GGGG. Promoting international protection and advocacy for children with disabilities. Subtitle K—Western Hemisphere Partnership Act of 2023 Sec. 1399AAAAA. Short title. Sec. 1399BBBBB. United States policy in the Western Hemisphere. Sec. 1399CCCCC. Promoting security and the rule of law in the Western Hemisphere. Sec. 1399DDDDD. Promoting digitalization and cybersecurity in the Western Hemisphere. Sec. 1399EEEEE. Promoting economic and commercial partnerships in the Western Hemisphere. Sec. 1399FFFFF. Promoting transparency and democratic governance in the Western Hemisphere. Sec. 1399GGGGG. Investment, trade, and development in Africa and Latin America and the Caribbean. Sec. 1399HHHHH. Sense of Congress on prioritizing nomination and confirmation of qualified ambassadors. Sec. 1399IIIII. Western Hemisphere defined. Sec. 1399JJJJJ. Report on efforts to capture and detain united states citizens as hostages. TITLE XIV—COOPERATIVE THREAT REDUCTION Sec. 1401. Cooperative Threat Reduction funds. TITLE XV—Other authorizations Subtitle A—Military programs Sec. 1501. Working capital funds. Sec. 1502. Chemical Agents and Munitions Destruction, Defense. Sec. 1503. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1504. Defense Inspector General. Sec. 1505. Defense Health Program. Subtitle B—National Defense Stockpile Sec. 1511. Recovery of rare earth elements and other strategic and critical materials through end-of-life equipment recycling. Sec. 1512. Improvements to Strategic and Critical Materials Stock Piling Act. Sec. 1513. Authority to dispose of materials from the National Defense Stockpile. Sec. 1514. Beginning balances of the National Defense Stockpile Transaction Fund for audit purposes. Subtitle C—Other matters Sec. 1521. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1522. Authorization of appropriations for Armed Forces Retirement Home. Sec. 1523. Modification of leasing authority of Armed Forces Retirement Home. TITLE XVI—Space activities, strategic programs, and intelligence matters Subtitle A—Space activities Sec. 1601. Acquisition strategy for Phase 3 of the National Security Space Launch program. Sec. 1602. Initial operating capability for Advanced Tracking and Launch Analysis System and system-level review. Sec. 1603. Department of the Air Force responsibility for space-based ground and airborne moving target indication. Sec. 1604. Principal Military Deputy for Space Acquisition and Integration. Sec. 1605. Use of middle tier acquisition authority for Space Development Agency acquisition program. Sec. 1606. Special authority for provision of commercial space launch support services. Sec. 1607. Treatment of Positioning, Navigation, and Timing Resiliency, Modifications, and Improvements program as acquisition category 1D program. Sec. 1608. Briefing on classification practices and foreign disclosure policies required for combined space operations. Sec. 1609. Limitation on availability of certain funds relating to selection of permanent location for headquarters of United States Space Command. Subtitle B—Nuclear forces Sec. 1611. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1612. Sentinel intercontinental ballistic missile program silo activity. Sec. 1613. Matters relating to the acquisition and deployment of the Sentinel intercontinental ballistic missile weapon system. Sec. 1614. Plan for decreasing the time to upload additional warheads to the intercontinental ballistic missile fleet. Sec. 1615. Tasking and oversight authority with respect to intercontinental ballistic missile site activation task force for Sentinel Program. Sec. 1616. Long-term sustainment of Sentinel ICBM guidance system. Sec. 1617. Sense of Senate on Polaris Sales Agreement. Sec. 1618. Matters relating to the nuclear-armed sea-launched cruise missile. Sec. 1619. Operational timeline for Strategic Automated Command and Control System. Sec. 1620. Amendment to annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control systems. Sec. 1621. Technical amendment to additional report matters on strategic delivery systems. Sec. 1622. Amendment to study of weapons programs that allow Armed Forces to address hard and deeply buried targets. Sec. 1623. Limitation on use of funds until provision of Department of Defense information to Government Accountability Office. Sec. 1624. Monitoring Iranian enrichment. Subtitle C—Missile defense Sec. 1631. Designation of official responsible for missile defense of Guam. Sec. 1632. Selection of a Director of the Missile Defense Agency. Sec. 1633. Modification of requirement for Comptroller General of the United States review and assessment of missile defense acquisition programs. Sec. 1634. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1635. Modification of scope of program accountability matrices requirements for next generation interceptors for missile defense of the United States homeland. Sec. 1636. Limitation on availability of funds for Office of Cost Assessment and Program Evaluation until submission of missile defense roles and responsibilities report. Sec. 1637. Integrated air and missile defense architecture for the Indo-Pacific region. Sec. 1638. Modification of National Missile Defense policy. Subtitle D—Other matters Sec. 1641. Electronic warfare. Sec. 1642. Study on the future of the Integrated Tactical Warning Attack Assessment System. Sec. 1643. Comprehensive review of electronic warfare test ranges and future capabilities. Sec. 1644. Extension of authorization for protection of certain facilities and assets from unmanned aircraft. Sec. 1645. Addressing serious deficiencies in electronic protection of systems that operate in the radio frequency spectrum. Sec. 1646. Funding limitation on certain unreported programs. Sec. 1647. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities. TITLE XVII—Cyberspace-related matters Subtitle A—Matters relating to cyber operations and cyber forces Sec. 1701. Measures to enhance the readiness and effectiveness of the Cyber Mission Force. Sec. 1702. Cyber intelligence center. Sec. 1703. Performance metrics for pilot program for sharing cyber capabilities and related information with foreign operational partners. Sec. 1704. Next generation cyber red teams. Sec. 1705. Management of data assets by Chief Digital Officer. Sec. 1706. Authority for countering illegal trafficking by Mexican transnational criminal organizations in cyberspace. Sec. 1707. Pilot program for cybersecurity collaboration center inclusion of semiconductor manufacturers. Sec. 1708. Independent evaluation regarding potential establishment of United States Cyber Force and further evolution of current model for management and execution of cyber mission. Subtitle B—Matters relating to Department of Defense cybersecurity and information technology Sec. 1711. Requirements for deployment of fifth generation information and communications capabilities to Department of Defense bases and facilities. Sec. 1712. Department of Defense information network boundary and cross-domain defense. Sec. 1713. Policy and guidance on memory-safe software programming. Sec. 1714. Development of regional cybersecurity strategies. Sec. 1715. Cyber incident reporting. Sec. 1716. Management by Department of Defense of mobile applications. Sec. 1717. Security enhancements for the nuclear command, control, and communications network. Sec. 1718. Guidance regarding securing laboratories of the Armed Forces. Sec. 1719. Establishing Identity, Credential, and Access Management initiative as a program of record. Sec. 1720. Strategy on cybersecurity resiliency of Department of Defense space enterprise. Sec. 1721. Requirements for implementation of user activity monitoring for cleared personnel and operational and information technology administrators and other privileged users. Sec. 1722. Department of Defense digital content provenance. Sec. 1723. Post-graduate employment of Cyber Service Academy scholarship recipients in intelligence community. Sec. 1724. Minimum number of scholarships to be awarded annually through Cyber Service Academy. Sec. 1725. Control and management of Department of Defense data and establishment of Chief Digital and Artificial Intelligence Officer Governing Council. Sec. 1726. Requirement to support for cyber education and workforce development at institutions of higher learning. Sec. 1727. Improvements relating to cyber protection support for Department of Defense personnel in positions highly vulnerable to cyber attack. Sec. 1728. Comptroller General report on efforts to protect personal information of Department of Defense personnel from exploitation by foreign adversaries. TITLE XVIII—Space Force personnel management Sec. 1801. Short title. Sec. 1802. Space Force Personnel Management Act transition plan. Sec. 1803. Comprehensive assessment of Space Force equities in the National Guard. Subtitle A—Space Force military personnel system without component Sec. 1811. Establishment of military personnel management system for the Space Force. Sec. 1812. Composition of the Space Force without component. Sec. 1813. Definitions for single personnel management system for the Space Force. Sec. 1814. Basic policies relating to service in the Space Force. Sec. 1815. Status and participation. Sec. 1816. Officers. Sec. 1817. Enlisted members. Sec. 1818. Retention and separation generally. Sec. 1819. Separation of officers for substandard performance of duty or for certain other reasons. Sec. 1820. Retirement. Subtitle B—Conforming amendments related to Space Force military personnel system Sec. 1831. Amendments to Department of the Air Force provisions of title 10, United States Code. Sec. 1832. Amendments to subtitle A of title 10, United States Code. Sec. 1833. Title 38, United States Code (veterans’ benefits). Subtitle C—Transition provisions Sec. 1841. Transition period. Sec. 1842. Change of duty status of members of the Space Force. Sec. 1843. Transfer to the Space Force of members of the Air Force Reserve and the Air National Guard. Sec. 1844. Placement of officers on the Space Force officer list. Sec. 1845. Disestablishment of regular Space Force. Sec. 1846. End strength flexibility. Sec. 1847. Promotion authority flexibility. Subtitle D—Other amendments related to the Space Force Sec. 1851. Title 10, United States Code. Sec. 1852. Other provisions of law. DIVISION B—Military construction authorizations Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date. TITLE XXI—Army military construction Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension of authority to use cash payments in special account from land conveyance, Natick Soldier Systems Center, Massachusetts. Sec. 2105. Extension of authority to carry out fiscal year 2018 project at Kunsan Air Base, Korea. Sec. 2106. Extension of authority to carry out certain fiscal year 2019 projects. Sec. 2107. Extension of authority to carry out certain fiscal year 2021 projects. TITLE XXII—Navy military construction Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Authorization of appropriations, Navy. Sec. 2204. Extension of authority to carry out certain fiscal year 2019 projects. Sec. 2205. Extension of authority to carry out certain fiscal year 2021 projects. TITLE XXIII—Air Force military construction Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Authorization of appropriations, Air Force. Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects. Sec. 2305. Extension of authority to carry out certain fiscal year 2018 projects. Sec. 2306. Extension of authority to carry out certain fiscal year 2019 projects. Sec. 2307. Extension of authority to carry out certain fiscal year 2021 projects. TITLE XXIV—Defense Agencies military construction Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Sec. 2404. Extension of authority to carry out certain fiscal year 2018 projects. Sec. 2405. Extension and modification of authority to carry out certain fiscal year 2019 projects. Sec. 2406. Extension of authority to carry out certain fiscal year 2021 projects. Sec. 2407. Additional authority to carry out certain fiscal year 2022 projects. Sec. 2408. Additional authority to carry out certain fiscal year 2023 projects. TITLE XXV—International programs Subtitle A—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B—Host country in-kind contributions Sec. 2511. Republic of Korea funded construction projects. Sec. 2512. Republic of Poland funded construction projects. TITLE XXVI—Guard and Reserve Forces facilities Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Sec. 2607. Extension of authority to carry out fiscal year 2018 project at Hulman Regional Airport, Indiana. Sec. 2608. Extension of authority to carry out fiscal year 2019 project at Francis S. Gabreski Airport, New York. Sec. 2609. Extension of authority to carry out certain fiscal year 2021 projects. Sec. 2610. Modification of authority to carry out fiscal year 2022 project at Nickell Memorial Armory, Kansas. Sec. 2611. Modification of authority to carry out fiscal year 2023 project at Camp Pendleton, California. Sec. 2612. Authority to conduct restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania. TITLE XXVII—Base realignment and closure activities Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round. Sec. 2703. Closure and disposal of the Pueblo Chemical Depot, Pueblo County, Colorado. TITLE XXVIII—Military construction general provisions Subtitle A—Military Construction Program Sec. 2801. Authority for Indo-Pacific posture military construction projects. Sec. 2802. Ordering authority for maintenance, repair, and construction of facilities of Department of Defense. Sec. 2803. Application of area construction cost indices outside the United States. Sec. 2804. Authorization of cost-plus incentive-fee contracting for military construction projects to mitigate risk to the Sentinel Program schedule and cost. Sec. 2805. Extensions to the Military Lands Withdrawal Act relating to Barry M. Goldwater range. Sec. 2806. Authority to lease land parcel for hospital and medical campus, Barrigada Transmitter Site, Guam. Sec. 2807. Revision to access and management of Air Force memorial. Sec. 2808. Development and operation of the Marine Corps Heritage Center and the National Museum of the Marine Corps. Sec. 2809. Authority for acquisition of real property interest in park land owned by the Commonwealth of Virginia. Sec. 2810. Movement or consolidation of Joint Spectrum Center to Fort Meade, Maryland, or another appropriate location. Sec. 2811. Temporary expansion of authority for use of one-step turn-key selection procedures for repair projects. Sec. 2812. Modification of temporary increase of amounts in connection with authority to carry out unspecified minor military construction. Sec. 2813. Pilot program on replacement of substandard enlisted barracks. Sec. 2814. Expansion of Defense Community Infrastructure Pilot Program to include installations of the Coast Guard. Sec. 2815. Modification of pilot program on increased use of sustainable building materials in military construction. Subtitle B—Military Housing PART I—Military Unaccompanied Housing Sec. 2821. Uniform condition index for military unaccompanied housing. Sec. 2822. Certification of habitability of military unaccompanied housing. Sec. 2823. Maintenance work order management process for military unaccompanied housing. Sec. 2824. Expansion of uniform code of basic standards for military housing to include military unaccompanied housing. Sec. 2825. Oversight of military unaccompanied housing. Sec. 2826. Elimination of flexibilities for adequacy or construction standards for military unaccompanied housing. Sec. 2827. Design standards for military unaccompanied housing. Sec. 2828. Termination of habitability standard waivers and assessment and plan with respect to military unaccompanied housing. Sec. 2829. Requirement for security cameras in common areas and entry points of military unaccompanied housing. Sec. 2830. Annual report on military unaccompanied housing. PART II—Privatized Military Housing Sec. 2841. Improvements to privatized military housing. Sec. 2842. Implementation of Comptroller General Recommendations relating to strengthening oversight of privatized military housing. Sec. 2843. Treatment of nondisclosure agreements with respect to privatized military housing. PART III—Other Housing Matters Sec. 2851. Department of Defense Military Housing Readiness Council. Sec. 2852. Inclusion in annual status of forces survey of questions regarding living conditions of members of the Armed Forces. Subtitle C—Land Conveyances Sec. 2861. Land conveyance, BG J Sumner Jones Army Reserve Center, Wheeling, West Virginia. Sec. 2862. Land conveyance, Wetzel County Memorial Army Reserve Center, New Martinsville, West Virginia. Subtitle D—Other Matters Sec. 2871. Authority to conduct energy resilience and conservation projects at installations where non-Department of Defense funded energy projects have occurred. Sec. 2872. Limitation on authority to modify or restrict public access to Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland. Sec. 2873. Authorization for the Secretary of the Navy to resolve the electrical utility operations at Former Naval Air Station Barbers Point (currently known as Kalaeloa ), Hawaii. Sec. 2874. Clarification of other transaction authority for installation or facility prototyping. Sec. 2875. Requirement that Department of Defense include military installation resilience in real property management and installation master planning of Department. Sec. 2876. Increase of limitation on fee for architectural and engineering services procured by military departments. Sec. 2877. Requirement that all material types be considered for design-bid-build military construction projects. Sec. 2878. Continuing education curriculum for members of the military construction planning and design workforce and acquisition workforce of the Department of Defense. Sec. 2879. Guidance on Department of Defense-wide standards for access to installations of the Department. Sec. 2880. Deployment of existing construction materials. Sec. 2881. Technical corrections. DIVISION C—Department of Energy national security authorizations and other authorizations TITLE XXXI—Department of Energy national security programs Subtitle A—National security programs and authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B— Program authorizations, restrictions, and limitations Sec. 3111. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium. Sec. 3112. Prohibition on ARIES expansion before realization of 30 pit per year base capability. Sec. 3113. Plutonium Modernization Program management. Sec. 3114. Pantex explosives manufacturing capability. Sec. 3115. Limitation on establishing an enduring bioassurance program within the National Nuclear Security Administration. Sec. 3116. Extension of authority on acceptance of contributions for acceleration or removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. Sec. 3117. Modification of reporting requirements for program on vulnerable sites. Sec. 3118. Implementation of enhanced mission delivery initiative. Sec. 3119. Limitation on use of funds until provision of spend plan for W80–4 ALT weapon development. Sec. 3120. Analyses of nuclear programs of foreign countries. Sec. 3121. Enhancing National Nuclear Security Administration supply chain reliability. Sec. 3122. Transfer of cybersecurity responsibilities to Administrator for Nuclear Security. Sec. 3123. Redesignating duties related to departmental radiological and nuclear incident responses. Sec. 3124. Modification of authority to establish certain contracting, program management, scientific, engineering, and technical positions. Sec. 3125. Technical amendments to the Atomic Energy Defense Act. Sec. 3126. Amendment to period for briefing requirements. Sec. 3127. Repeal of reporting requirements for Uranium Capabilities Replacement Project. Subtitle C—Budget and financial management matters Sec. 3131. Updated financial integration policy. Subtitle D—Other matters Sec. 3141. Integration of technical expertise of Department of Energy into policymaking. Sec. 3142. Amendments to the Energy Employees Occupational Illness Compensation Program Act of 2000. Sec. 3143. Prohibition on sales of petroleum products from the Strategic Petroleum Reserve to certain countries. Sec. 3144. U.S. nuclear fuel security initiative. TITLE XXXII—Defense Nuclear Facilities Safety Board Sec. 3201. Authorization. TITLE XXXV—Maritime Administration Sec. 3501. Maritime Administration. DIVISION D—Funding Tables Sec. 4001. Authorization of amounts in funding tables. TITLE XLI—PROCUREMENT Sec. 4101. PROCUREMENT. TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. TITLE XLIII—OPERATION AND MAINTENANCE Sec. 4301. OPERATION AND MAINTENANCE. TITLE XLIV—MILITARY PERSONNEL Sec. 4401. MILITARY PERSONNEL. TITLE XLV—OTHER AUTHORIZATIONS Sec. 4501. OTHER AUTHORIZATIONS. TITLE XLVI—MILITARY CONSTRUCTION Sec. 4601. MILITARY CONSTRUCTION. TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. DIVISION E—Additional Provisions TITLE LI—Procurement Subtitle D—Air Force programs Sec. 5131. Inventory of C–130 aircraft. Sec. 5132. Extension of prohibition on certain reductions to B–1 bomber aircraft squadrons. Sec. 5133. Prohibition on divestment of F–15E aircraft. TITLE LII—Research, development, test, and evaluation Sec. 5201. Application of public-private talent exchange programs in the Department of Defense to quantum information sciences and technology research. Sec. 5202. Briefing on Science, Mathematics, and Research for Transformation (SMART) Defense Education Program. Sec. 5203. Improvements to defense quantum information science and technology research and development program. Sec. 5204. Improvements to National Quantum Initiative Program. Sec. 5205. Annual review of status of implementation plan for digital engineering career tracks. Sec. 5206. Rapid response to emergent technology advancements or threats. TITLE LIII—Operation and maintenance Subtitle A—Briefings and reports Sec. 5341. Report by Department of Defense on alternatives to burn pits. TITLE LVI—Compensation and other personnel benefits Subtitle C—Other matters Sec. 5631. Modifications to transitional compensation for dependents of members separated for dependent abuse. Sec. 5632. Report on effect of phase-out of reduction of survivor benefit plan survivor annuities by amount of dependency and indemnity compensation. TITLE LVII—Health care provisions Subtitle A—TRICARE and other health care benefits Sec. 5701. Expansion of eligibility for hearing aids to include children of certain retired members of the uniformed services. Subtitle B—Health care administration Sec. 5711. Modification of requirement to transfer research and development and public health functions to Defense Health Agency. Subtitle C—Reports and other matters Sec. 5721. Report on military mental health care referral policies. Sec. 5722. Comptroller General study on biomedical research and development funded by Department of Defense. Sec. 5723. Report on provision of mental health services via telehealth to members of the Armed Forces and their dependents. Sec. 5724. Expansion of doula care furnished by Department of Defense. TITLE LVIII—Acquisition policy, acquisition management, and related matters Subtitle D—Small business matters Sec. 5841. Competition of small business concerns for Department of Defense contracts. Subtitle E—Other matters Sec. 5851. Briefing on the redesignation of National Serial Number (NSN) parts as proprietary. TITLE LX—Other matters Subtitle D—Counterterrorism Sec. 6031. Establishing a coordinator for countering Mexico's criminal cartels. Subtitle F—Studies and reports Sec. 6051. Report on food purchasing by the Department of Defense. Subtitle G—Other matters Sec. 6071. Improvements to Department of Veterans Affairs-Department of Defense Joint Executive Committee. Sec. 6072. Grave markers at Santa Fe National Cemetery, New Mexico. Sec. 6073. Modification of compensation for members of the Afghanistan War Commission. Sec. 6074. Red Hill health impacts. Sec. 6075. Permanent authorization of Undetectable Firearms Act of 1988. Sec. 6076. Sense of Congress on the importance of non-governmental recognition of military enlistees to improve community support for military recruitment. Sec. 6077. Adjustment of threshold amount for minor medical facility projects of Department of Veterans Affairs. Sec. 6078. Designation of National Museum of the Mighty Eighth Air Force. Sec. 6079. Revision of requirement for transfer of certain aircraft to State of California for wildfire suppression purposes. Sec. 6080. Extension of active duty term for Attending Physician at United States Capitol. Sec. 6081. Disclosures by directors, officers, and principal stockholders. Sec. 6082. Preventing Child Sex Abuse. Sec. 6083. Senate National Security Working Group. Sec. 6084. Recognition as corporation and grant of Federal charter for National American Indian Veterans, Incorporated. Subtitle H—Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act Sec. 6091. Short title. Sec. 6092. Findings; sense of Congress. Sec. 6093. Visa availability for Government Employee Immigrant Visa program. Subtitle I—Additional matters relating to artificial intelligence Sec. 6096. Report on artificial intelligence regulation in financial services industry. Sec. 6097. Artificial intelligence bug bounty programs. Sec. 6098. Vulnerability analysis study for artificial intelligence-enabled military applications. Sec. 6099. Report on data sharing and coordination. TITLE LXII—Matters relating to foreign nations Subtitle C—Matters relating to Europe and the Russian Federation Sec. 6231. Black Sea security and development strategy. Subtitle D—Matters relating to the Indo-Pacific region Sec. 6241. Sense of Congress on the renewal of the Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands. Sec. 6242. Eligibility of Taiwan for the strategic trade authorization exception to certain export control licensing requirements. Sec. 6243. Audit to identify diversion of Department of Defense funding to China's research labs. Subtitle G—Other matters Sec. 6291. Sense of the Senate on digital trade and the digital economy. Sec. 6292. Assessment of certain United States-origin technology used by foreign adversaries. Sec. 6293. Virginia class submarine transfer certification. TITLE LXV—Space activities, strategic programs, and intelligence matters Subtitle B—Nuclear forces Sec. 6511. Annual report on development of long-range stand-off weapon. TITLE LXVIII—FEND Off Fentanyl Act Sec. 6801. Short title. Sec. 6802. Sense of Congress. Sec. 6803. Definitions. Subtitle A—Sanctions Matters PART I—Sanctions in Response to National Emergency relating to Fentanyl Trafficking Sec. 6811. Finding; policy. Sec. 6812. Use of national emergency authorities; reporting. Sec. 6813. Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade. Sec. 6814. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations. Sec. 6815. Penalties; waivers; exceptions. Sec. 6816. Treatment of forfeited property of transnational criminal organizations. PART II—Other Matters Sec. 6821. Ten-year statute of limitations for violations of sanctions. Sec. 6822. Classified report and briefing on staffing of Office of Foreign Assets Control. Sec. 6823. Report on drug transportation routes and use of vessels with mislabeled cargo. Sec. 6824. Report on actions of People’s Republic of China with respect to persons involved in fentanyl supply chain. Subtitle B—Anti-Money Laundering Matters Sec. 6831. Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern. Sec. 6832. Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network. Sec. 6833. Report on trade-based money laundering in trade with Mexico, the People's Republic of China, and Burma. Subtitle C—Exception Relating to Importation of Goods Sec. 6841. Exception relating to importation of goods. TITLE LXXVIII—Military construction and general provisions Subtitle B—Military housing PART III—Other housing matters Sec. 7851. Report on plan to replace houses at Fort Leonard Wood. Subtitle D—Other matters Sec. 7881. Study on impact on members of the Armed Forces and dependents of construction projects that affect quality of life. Sec. 7882. Modification of pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force. TITLE LXXXI—Department of Energy national security programs Subtitle D—Other matters Sec. 8141. Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy. DIVISION F—Department of State Authorization Act of 2023 Sec. 6001. Short title; table of contents. Sec. 6002. Definitions. TITLE LXI—Diplomatic security and consular affairs Sec. 6101. Special hiring authority for passport services. Sec. 6102. Quarterly report on passport wait times. Sec. 6103. Passport travel advisories. Sec. 6104. Strategy to ensure access to passport services for all Americans. Sec. 6105. Strengthening the National Passport Information Center. Sec. 6106. Strengthening passport customer visibility and transparency. Sec. 6107. Annual Office of Authentications report. Sec. 6108. Increased accountability in assignment restrictions and reviews. Sec. 6109. Suitability reviews for Foreign Service Institute instructors. Sec. 6110. Diplomatic security fellowship programs. TITLE LXII—Personnel matters Subtitle A—Hiring, promotion, and development Sec. 6201. Adjustment to promotion precepts. Sec. 6202. Hiring authorities. Sec. 6203. Extending paths to service for paid student interns. Sec. 6204. Lateral Entry Program. Sec. 6205. Mid-Career Mentoring Program. Sec. 6206. Report on the Foreign Service Institute’s language program. Sec. 6207. Consideration of career civil servants as chiefs of missions. Sec. 6208. Civil service rotational program. Sec. 6209. Reporting requirement on chiefs of mission. Sec. 6210. Report on chiefs of mission and deputy chiefs of mission. Sec. 6211. Protection of retirement annuity for reemployment by Department. Sec. 6212. Efforts to improve retention and prevent retaliation. Sec. 6213. National advertising campaign. Sec. 6214. Expansion of diplomats in residence programs. Subtitle B—Pay, benefits, and workforce matters Sec. 6221. Education allowance. Sec. 6222. Per diem allowance for newly hired members of the Foreign Service. Sec. 6223. Improving mental health services for foreign and civil servants. Sec. 6224. Emergency back-up care. Sec. 6225. Authority to provide services to non-chief of mission personnel. Sec. 6226. Exception for government-financed air transportation. Sec. 6227. Enhanced authorities to protect locally employed staff during emergencies. Sec. 6228. Internet at hardship posts. Sec. 6229. Competitive local compensation plan. Sec. 6230. Supporting tandem couples in the Foreign Service. Sec. 6231. Accessibility at diplomatic missions. Sec. 6232. Report on breastfeeding accommodations overseas. Sec. 6233. Determining the effectiveness of knowledge transfers between Foreign Service Officers. Sec. 6234. Education allowance for dependents of Department of State employees located in United States territories. TITLE LXIII—Information security and cyber diplomacy Sec. 6301. Data-informed diplomacy. Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer Program. Sec. 6303. Establishment of the Chief Artificial Intelligence Officer of the Department of State. Sec. 6304. Strengthening the Chief Information Officer of the Department of State. Sec. 6305. Sense of Congress on strengthening enterprise governance. Sec. 6306. Digital connectivity and cybersecurity partnership. Sec. 6307. Establishment of a cyberspace, digital connectivity, and related technologies (CDT) fund. Sec. 6308. Cyber protection support for personnel of the Department of State in positions highly vulnerable to cyber attack. TITLE LXIV—Organization and operations Sec. 6401. Personal services contractors. Sec. 6402. Hard-to-fill posts. Sec. 6403. Enhanced oversight of the Office of Civil Rights. Sec. 6404. Crisis response operations. Sec. 6405. Special Envoy to the Pacific Islands Forum. Sec. 6406. Special Envoy for Belarus. Sec. 6407. Overseas placement of special appointment positions. Sec. 6408. Resources for United States nationals unlawfully or wrongfully detained abroad. TITLE LXV—Economic diplomacy Sec. 6501. Report on recruitment, retention, and promotion of Foreign Service economic officers. Sec. 6502. Mandate to revise Department of State metrics for successful economic and commercial diplomacy. Sec. 6503. Chief of mission economic responsibilities. Sec. 6504. Direction to embassy deal teams. Sec. 6505. Establishment of a Deal Team of the Year award. TITLE LXVI—Public diplomacy Sec. 6601. Public diplomacy outreach. Sec. 6602. Modification on use of funds for Radio Free Europe/Radio Liberty. Sec. 6603. International broadcasting. Sec. 6604. John Lewis Civil Rights Fellowship program. Sec. 6605. Domestic engagement and public affairs. Sec. 6606. Extension of Global Engagement Center. Sec. 6607. Paperwork Reduction Act. Sec. 6608. Modernization and enhancement strategy. TITLE LXVII—Other matters Sec. 6701. Internships of United States nationals at international organizations. Sec. 6702. Training for international organizations. Sec. 6703. Modification to transparency on international agreements and non-binding instruments. Sec. 6704. Report on partner forces utilizing United States security assistance identified as using hunger as a weapon of war. Sec. 6705. Infrastructure projects and investments by the United States and People’s Republic of China. Sec. 6706. Special envoys. Sec. 6707. US–ASEAN Center. Sec. 6708. Briefings on the United States-European Union Trade and Technology Council. Sec. 6709. Modification and repeal of reports. Sec. 6710. Modification of Build Act of 2018 to prioritize projects that advance national security. Sec. 6711. Permitting for international bridges. TITLE LXVIII—AUKUS matters Sec. 6801. Definitions. Subtitle A—Outlining the AUKUS partnership Sec. 6811. Statement of policy on the AUKUS partnership. Sec. 6812. Senior Advisor for the AUKUS partnership at the Department of State. Subtitle B—Authorization for AUKUS submarine training Sec. 6823. Australia, United Kingdom, and United States submarine security training. Subtitle C—Streamlining and protecting transfers of United States military technology from compromise Sec. 6831. Priority for Australia and the United Kingdom in Foreign Military Sales and Direct Commercial Sales. Sec. 6832. Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through Foreign Military Sales and Direct Commercial Sales. Sec. 6833. Export control exemptions and standards. Sec. 6834. Expedited review of export licenses for exports of advanced technologies to Australia, the United Kingdom, and Canada. Sec. 6835. United States Munitions List. Subtitle D—Other AUKUS matters Sec. 6841. Reporting related to the AUKUS partnership. DIVISION G—Unidentified anomalous phenomena disclosure Sec. 9001. Short title. Sec. 9002. Findings, declarations, and purposes. Sec. 9003. Definitions. Sec. 9004. Unidentified Anomalous Phenomena Records Collection at the National Archives and Records Administration. Sec. 9005. Review, identification, transmission to the National Archives, and public disclosure of unidentified anomalous phenomena records by Government offices. Sec. 9006. Grounds for postponement of public disclosure of unidentified anomalous phenomena records. Sec. 9007. Establishment and powers of the Unidentified Anomalous Phenomena Records Review Board. Sec. 9008. Unidentified Anomalous Phenomena Records Review Board personnel. Sec. 9009. Review of records by the Unidentified Anomalous Phenomena Records Review Board. Sec. 9010. Disclosure of recovered technologies of unknown origin and biological evidence of non-human intelligence. Sec. 9011. Disclosure of other materials and additional study. Sec. 9012. Rules of construction. Sec. 9013. Termination of effect of division. Sec. 9014. Authorization of appropriations. Sec. 9015. Severability. DIVISION H—Architect of the Capitol Appointment Act of 2023 Sec. 10001. Short title. Sec. 10002. Appointment and term of service of Architect of the Capitol. Sec. 10003. Appointment of Deputy Architect of the Capitol; vacancy in Architect or Deputy Architect. Sec. 10004. Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy. DIVISION I—Fair debt collection practices for servicemembers Sec. 11001. Short title. Sec. 11002. Enhanced protection against debt collector harassment of servicemembers. Sec. 11003. GAO study. DIVISION J—Native American Housing Assistance and Self-Determination Reauthorization Act of 2023 Sec. 11001. Short title. Sec. 11002. Consolidation of environmental review requirements. Sec. 11003. Authorization of appropriations. Sec. 11004. Student housing assistance. Sec. 11005. Application of rent rule only to units owned or operated by Indian tribe or tribally designated housing entity. Sec. 11006. De minimis exemption for procurement of goods and services. Sec. 11007. Homeownership or lease-to-own low-income requirement and income targeting. Sec. 11008. Lease requirements and tenant selection. Sec. 11009. Indian Health Service. Sec. 11010. Statutory authority to suspend grant funds in emergencies. Sec. 11011. Reports to Congress. Sec. 11012. 99-year leasehold interest in trust or restricted lands for housing purposes. Sec. 11013. Amendments for block grants for affordable housing activities. Sec. 11014. Reauthorization of Native Hawaiian homeownership provisions. Sec. 11015. Total development cost maximum project cost. Sec. 11016. Community-based development organizations and special activities by Indian Tribes. Sec. 11017. Section 184 Indian Home Loan Guarantee program. Sec. 11018. Loan guarantees for Native Hawaiian housing. Sec. 11019. Drug elimination program. Sec. 11020. Rental assistance for homeless or at-risk Indian veterans. Sec. 11021. Continuum of care. Sec. 11022. Leveraging. DIVISION K—Fort Belknap Indian Community Water Rights Settlement Act of 2023 Sec. 11001. Short title. Sec. 11002. Purposes. Sec. 11003. Definitions. Sec. 11004. Ratification of Compact. Sec. 11005. Tribal water rights. Sec. 11006. Exchange and transfer of land. Sec. 11007. Storage allocation from Lake Elwell. Sec. 11008. Milk River Project mitigation. Sec. 11009. Fort Belknap Indian Irrigation Project System. Sec. 11010. Satisfaction of claims. Sec. 11011. Waivers and releases of claims. Sec. 11012. Aaniiih Nakoda Settlement Trust Fund. Sec. 11013. Fort Belknap Indian Community Water Settlement Implementation Fund. Sec. 11014. Funding. Sec. 11015. Miscellaneous provisions. Sec. 11016. Antideficiency. DIVISION L—Committee on Homeland Security and Governmental Affairs TITLE LXIX—Federal data and information security Subtitle A—Federal Data Center Enhancement Act of 2023 Sec. 11001. Short title. Sec. 11002. Federal Data Center Consolidation Initiative Amendments. TITLE LXX—Stemming the Flow of Illicit Narcotics Subtitle A—Enhancing DHS Drug Seizures Act Sec. 11101. Short title. Sec. 11102. Coordination and information sharing. Sec. 11103. Danger pay for Department of Homeland Security personnel deployed abroad. Sec. 11104. Improving training to foreign-vetted law enforcement or national security units. Sec. 11105. Enhancing the operations of U.S. Customs and Border Protection in foreign countries. Sec. 11106. Drug seizure data improvement. Sec. 11107. Drug performance measures. Sec. 11108. Penalties for hindering immigration, border, and customs controls. Subtitle B—Non-Intrusive Inspection Expansion Act Sec. 11111. Short title. Sec. 11112. Use of non-intrusive inspection systems at land ports of entry. Sec. 11113. Non-intrusive inspection systems for outbound inspections. Sec. 11114. GAO review and report. Subtitle C—Securing America's Ports of Entry Act of 2023 Sec. 11121. Short title. Sec. 11122. Additional U.S. Customs and Border Protection personnel. Sec. 11123. Ports of entry infrastructure enhancement report. Sec. 11124. Reporting requirements. Sec. 11125. Authorization of appropriations. Subtitle D—Border Patrol Enhancement Act Sec. 11131. Short title. Sec. 11132. Authorized staffing level for the United States Border Patrol. Sec. 11133. Establishment of higher rates of regularly scheduled overtime pay for United States Border Patrol agents classified at GS–12. Sec. 11134. GAO assessment of recruiting efforts, hiring requirements, and retention of law enforcement personnel. Sec. 11135. Continuing training. Sec. 11136. Reporting requirements. Subtitle E—END FENTANYL Act Sec. 11141. Short titles. Sec. 11142. Ensuring timely updates to U.S. Customs and Border Protection field manuals. TITLE LXXI—Improving Lobbying Disclosure Requirements Subtitle A—Lobbying Disclosure Improvement Act Sec. 11201. Short title. Sec. 11202. Registrant disclosure regarding foreign agent registration exemption. Subtitle B—Disclosing Foreign Influence in Lobbying Act Sec. 11211. Short title. Sec. 11212. Clarification of contents of registration. TITLE LXXII—Protecting Our Domestic Workforce and Supply Chain Subtitle A—Government-wide study relating to high-security leased space Sec. 11301. Government-wide study. Subtitle B—Intergovernmental Critical Minerals Task Force Sec. 11311. Short title. Sec. 11312. Findings. Sec. 11313. Intergovernmental critical minerals task force. Subtitle C—Customs Trade Partnership Against Terrorism Pilot Program Act of 2023 Sec. 11321. Short title. Sec. 11322. Definitions. Sec. 11323. Pilot program on participation of third-party logistics providers in ctpat. Sec. 11324. Report on effectiveness of CTPAT. Sec. 11325. No additional funds authorized. Subtitle D—Military Spouse Employment Act Sec. 11331. Short title. Sec. 11332. Appointment of military spouses. Sec. 11333. GAO study and report. Subtitle E—Designation of airports Sec. 11341. Designation of additional port of entry for the importation and exportation of wildlife and wildlife products by the United States Fish and Wildlife Service. DIVISION M—Intelligence Authorization Act for Fiscal Year 2024 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Intelligence Community Management Account. Sec. 104. Increase in employee compensation and benefits authorized by law. TITLE II—Central Intelligence Agency retirement and disability system Sec. 201. Authorization of appropriations. TITLE III—Intelligence community matters Subtitle A—General intelligence community matters Sec. 301. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies. Sec. 302. Policy and performance framework for mobility of intelligence community workforce. Sec. 303. In-State tuition rates for active duty members of the intelligence community. Sec. 304. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys. Sec. 305. Improving administration of certain post-employment restrictions for intelligence community. Sec. 306. Mission of the National Counterintelligence and Security Center. Sec. 307. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 308. Department of Energy science and technology risk assessments. Sec. 309. Congressional oversight of intelligence community risk assessments. Sec. 310. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document. Sec. 311. Office of Intelligence and Analysis. Subtitle B—Central Intelligence Agency Sec. 321. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations. Sec. 322. Modifications to procurement authorities of the Central Intelligence Agency. Sec. 323. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure. TITLE IV—Matters concerning foreign countries Subtitle A—People’s Republic of China Sec. 401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China. Sec. 402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa. Sec. 403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China. Sec. 404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China. Sec. 405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party and Russian foreign malign influence operations against the United States. Sec. 406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern. Subtitle B—Other foreign countries Sec. 411. Report on efforts to capture and detain United States citizens as hostages. Sec. 412. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework. TITLE V—Matters pertaining to United States economic and emerging technology competition with United States adversaries Subtitle A—General matters Sec. 501. Assignment of detailees from intelligence community to Department of Commerce. Subtitle B—Next-generation energy, biotechnology, and artificial intelligence Sec. 511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China. Sec. 512. Assessment of using civil nuclear energy for intelligence community capabilities. Sec. 513. Policies established by Director of National Intelligence for artificial intelligence capabilities. TITLE VI—Whistleblower matters Sec. 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community. Sec. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community. Sec. 603. Establishing process parity for adverse security clearance and access determinations. Sec. 604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations. Sec. 605. Modification and repeal of reporting requirements. TITLE VII—Classification reform Subtitle A—Classification Reform Act of 2023 Sec. 701. Short title. Sec. 702. Definitions. Sec. 703. Classification and declassification of information. Sec. 704. Transparency officers. Subtitle B—Sensible Classification Act of 2023 Sec. 711. Short title. Sec. 712. Definitions. Sec. 713. Findings and sense of the Senate. Sec. 714. Classification authority. Sec. 715. Promoting efficient declassification review. Sec. 716. Training to promote sensible classification. Sec. 717. Improvements to Public Interest Declassification Board. Sec. 718. Implementation of technology for classification and declassification. Sec. 719. Studies and recommendations on necessity of security clearances. TITLE VIII—Security clearance and trusted workforce Sec. 801. Review of shared information technology services for personnel vetting. Sec. 802. Timeliness standard for rendering determinations of trust for personnel vetting. Sec. 803. Annual report on personnel vetting trust determinations. Sec. 804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0. Sec. 805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis. TITLE IX—Anomalous health incidents Sec. 901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain. Sec. 902. Clarification of requirements to seek certain benefits relating to injuries to the brain. Sec. 903. Intelligence community implementation of HAVANA Act of 2021 authorities. Sec. 904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents. TITLE X—Election security Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023. TITLE XI—Other matters Sec. 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office. Sec. 1102. Funding limitations relating to unidentified anomalous phenomena.", "id": "idd100c924c93a43b09ce0c38b0a5093f9", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Organization of Act into divisions; table of contents \n(a) Divisions \nThis Act is organized into four divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables. (b) Table of contents \nThe table of contents for this Act is as follows:", "id": "idAD3C94EEC437444E8E1279CBD7684777", "header": "Organization of Act into divisions; table of contents", "nested": [ { "text": "(a) Divisions \nThis Act is organized into four divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables.", "id": "idCD692CA0CC99400D83CBA4E5DB0E673F", "header": "Divisions", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows:", "id": "id44CC62D59807426A9EC5AC769CCFF111", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Congressional defense committees \nIn this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.", "id": "idE75942AF8F3B4C09BABCA63BDDAB4985", "header": "Congressional defense committees", "nested": [], "links": [] }, { "text": "4. Budgetary effects of this Act \nThe budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.", "id": "idAF6DDD2A56E54C3AA4B13F44DCD8BE08", "header": "Budgetary effects of this Act", "nested": [], "links": [] }, { "text": "101. Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2024 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101.", "id": "id0F874FE1BC884734A103507D87D69EC3", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "111. Report on Army requirements and acquisition strategy for night vision devices \n(a) Report required \nNot later than February 29, 2024, the Secretary of the Army shall submit to the congressional defense committees a report on night vision devices. (b) Elements \nThe report required by subsection (a) shall include the following elements: (1) An identification of the specific capabilities the Army is seeking to achieve in night vision. (2) An identification of the capabilities in night vision required by unit, including the number and type of units for each capability. (3) An identification of the total requirement for night vision devices in the Army, disaggregated by number and type of unit. (4) A description of the acquisition strategy of the Army for achieving the capabilities described in paragraph (1), including a description of each of the following: (A) The acquisition objective for each type of night vision device. (B) The programmed purchase quantities for night vision devices required each year. (C) The contract type of each procurement of night vision devices. (D) The expected date for achieving the capabilities. (E) The industrial base constraints on each type of night vision device. (F) The modernization plan for each type of night vision device.", "id": "id3E7635D91D954AE7880592F74A91155B", "header": "Report on Army requirements and acquisition strategy for night vision devices", "nested": [ { "text": "(a) Report required \nNot later than February 29, 2024, the Secretary of the Army shall submit to the congressional defense committees a report on night vision devices.", "id": "id000c2807364a460e90712298117d4361", "header": "Report required", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall include the following elements: (1) An identification of the specific capabilities the Army is seeking to achieve in night vision. (2) An identification of the capabilities in night vision required by unit, including the number and type of units for each capability. (3) An identification of the total requirement for night vision devices in the Army, disaggregated by number and type of unit. (4) A description of the acquisition strategy of the Army for achieving the capabilities described in paragraph (1), including a description of each of the following: (A) The acquisition objective for each type of night vision device. (B) The programmed purchase quantities for night vision devices required each year. (C) The contract type of each procurement of night vision devices. (D) The expected date for achieving the capabilities. (E) The industrial base constraints on each type of night vision device. (F) The modernization plan for each type of night vision device.", "id": "idc02473612bbe4f5ba5ada6f2376fa306", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "112. Army plan for ensuring sources of cannon tubes \n(a) Updated assessment \nThe Secretary of the Army shall update the assessment of the Secretary on the sufficiency of the development, production, procurement, and modernization of the defense industrial base for cannon and large caliber weapons tubes. (b) Submittal to Congress \nNot later than February 29, 2024, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an update to the report submitted to Congress in March 2022 entitled Army Plan for Ensuring Sources of Cannon Tubes.", "id": "id4D04E539329C4D579F81D73F1CCE70D0", "header": "Army plan for ensuring sources of cannon tubes", "nested": [ { "text": "(a) Updated assessment \nThe Secretary of the Army shall update the assessment of the Secretary on the sufficiency of the development, production, procurement, and modernization of the defense industrial base for cannon and large caliber weapons tubes.", "id": "id4d1736731c3c460288db2b74ede7df02", "header": "Updated assessment", "nested": [], "links": [] }, { "text": "(b) Submittal to Congress \nNot later than February 29, 2024, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an update to the report submitted to Congress in March 2022 entitled Army Plan for Ensuring Sources of Cannon Tubes.", "id": "id0c6b9f61ea0543b7849b7b148104b86b", "header": "Submittal to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "113. Strategy for Army tactical wheeled vehicle program \n(a) Strategy required \nIn the budget justification materials submitted in support of the budget of the Department of Defense (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) for fiscal year 2025 and every five years thereafter, the Secretary of the Army shall include a report on the strategy of the Army for tactical wheeled vehicles. (b) Requirements for strategy \nEach strategy required by subsection (a) shall— (1) align with the applicable national defense strategy under section 113(g) of title 10, United States Code, and applicable policies; (2) be designed so that the force of tactical wheeled vehicles provided under the strategy supports the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ); and (3) define capabilities and capacity requirements across the entire fleet of tactical wheeled vehicles, including— (A) light, medium, and heavy tactical wheeled vehicles; and (B) associated trailer and support equipment. (c) Strategy elements \nEach strategy required by subsection (a) shall include the following: (1) A detailed program for the construction of light, medium, and heavy tactical wheeled vehicles for the Army over the next five fiscal years. (2) A description of the necessary force structure and capabilities of tactical wheeled vehicles to meet the requirements of the national security strategy described in subsection (b)(2). (3) The estimated levels of annual funding, by vehicle class, in both graphical and tabular form, necessary to carry out the program described in paragraph (1), together with a discussion of the procurement strategies on which such estimated levels of annual funding are based. (4) The estimated total cost of construction for each vehicle class used to determine the estimated levels of annual funding described in paragraph (3). (d) Considerations \nIn developing each strategy required by subsection (a), the Secretary of the Army shall consider the following objectives and factors: (1) Objectives relating to protection, fleet operations, mission command, mobility, and the industrial base. (2) Technological advances that will increase efficiency of and reduce demand for tactical wheeled vehicles. (3) Technological advances that allow for the operation of tactical wheeled vehicles in a variety of climate and geographic conditions. (4) Existing commercial technologies such as vehicle electrification, autonomous capabilities, and predictive maintenance, among others. (5) The capabilities of autonomous equivalents to tactical wheeled vehicles. (e) Briefing requirements \nNot later than 15 days after each budget submission described in subsection (a), in conjunction with the submission of each strategy required by such subsection, the Secretary of the Army shall provide a briefing to the congressional defense committees that addresses the investment needed for each platform of tactical wheeled vehicle across the future-years defense program.", "id": "idA8B7B31C36AD4AC58D4ED9424B4A9C1E", "header": "Strategy for Army tactical wheeled vehicle program", "nested": [ { "text": "(a) Strategy required \nIn the budget justification materials submitted in support of the budget of the Department of Defense (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) for fiscal year 2025 and every five years thereafter, the Secretary of the Army shall include a report on the strategy of the Army for tactical wheeled vehicles.", "id": "id364741daf65049be887149d1c6750e0c", "header": "Strategy required", "nested": [], "links": [] }, { "text": "(b) Requirements for strategy \nEach strategy required by subsection (a) shall— (1) align with the applicable national defense strategy under section 113(g) of title 10, United States Code, and applicable policies; (2) be designed so that the force of tactical wheeled vehicles provided under the strategy supports the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ); and (3) define capabilities and capacity requirements across the entire fleet of tactical wheeled vehicles, including— (A) light, medium, and heavy tactical wheeled vehicles; and (B) associated trailer and support equipment.", "id": "id66e1283859a34d75b25aa65bfe03e551", "header": "Requirements for strategy", "nested": [], "links": [ { "text": "50 U.S.C. 3043", "legal-doc": "usc", "parsable-cite": "usc/50/3043" } ] }, { "text": "(c) Strategy elements \nEach strategy required by subsection (a) shall include the following: (1) A detailed program for the construction of light, medium, and heavy tactical wheeled vehicles for the Army over the next five fiscal years. (2) A description of the necessary force structure and capabilities of tactical wheeled vehicles to meet the requirements of the national security strategy described in subsection (b)(2). (3) The estimated levels of annual funding, by vehicle class, in both graphical and tabular form, necessary to carry out the program described in paragraph (1), together with a discussion of the procurement strategies on which such estimated levels of annual funding are based. (4) The estimated total cost of construction for each vehicle class used to determine the estimated levels of annual funding described in paragraph (3).", "id": "id4c5f787dcc544bc5bc80676a58b1497b", "header": "Strategy elements", "nested": [], "links": [] }, { "text": "(d) Considerations \nIn developing each strategy required by subsection (a), the Secretary of the Army shall consider the following objectives and factors: (1) Objectives relating to protection, fleet operations, mission command, mobility, and the industrial base. (2) Technological advances that will increase efficiency of and reduce demand for tactical wheeled vehicles. (3) Technological advances that allow for the operation of tactical wheeled vehicles in a variety of climate and geographic conditions. (4) Existing commercial technologies such as vehicle electrification, autonomous capabilities, and predictive maintenance, among others. (5) The capabilities of autonomous equivalents to tactical wheeled vehicles.", "id": "id0055145248DD420C9517B65CEE3B5938", "header": "Considerations", "nested": [], "links": [] }, { "text": "(e) Briefing requirements \nNot later than 15 days after each budget submission described in subsection (a), in conjunction with the submission of each strategy required by such subsection, the Secretary of the Army shall provide a briefing to the congressional defense committees that addresses the investment needed for each platform of tactical wheeled vehicle across the future-years defense program.", "id": "idb1b177fcd3994d43bfb27ebf93164d7a", "header": "Briefing requirements", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3043", "legal-doc": "usc", "parsable-cite": "usc/50/3043" } ] }, { "text": "114. Extension and modification of annual updates to master plans and investment strategies for Army ammunition plants \nSection 2834(d) of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81 ; 135 Stat. 2201) is amended— (1) in the matter preceding paragraph (1), by striking March 31, 2026 and inserting March 31, 2030 ; and (2) by adding at the end the following new paragraph: (5) A description of any changes made to the master plan based upon current global events, including pandemics and armed conflicts..", "id": "id6fcab6b1236949fda2dbd90d49c71ce8", "header": "Extension and modification of annual updates to master plans and investment strategies for Army ammunition plants", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "115. Report on acquisition strategies of the logistics augmentation program of the Army \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Army, in conjunction with the Office of the Secretary of Defense and in coordination with the geographic combatant commanders, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report reviewing the proposed recompete of the operational task orders of the geographic combatant commands under the contract for the logistics augmentation program of the Army that will expire in 2028 (commonly referred to as LOGCAP V ). (b) Elements \nThe report required by subsection (a) shall include the following: (1) A business case analysis of the cost and operational benefit of recompeting the task orders described in subsection (a). (2) Input from stakeholders, including Army Sustainment Command, the geographic combatant commanders, and Army service component commanders, on the desirability and operational impacts of the proposed recompete described in subsection (a). (3) Detailed cost estimates and timelines, including projected transition costs and timelines for the task orders described in subsection (a). (4) An assessment of the potential impacts related to quality and timing of transitioning to the new logistics augmentation program (commonly referred to as LOGCAP VI ). (5) An analysis of recompeting the task orders described in subsection (a) compared to transitioning to LOGCAP VI. (6) An overview of potential innovations and efficiencies derived from a competition for LOGCAP VI. (7) An explanation of the benefit of recompeting the task orders described in subsection (a) compared to an open competition for LOGCAP VI. (8) A breakdown of additional authorities needed to move directly to LOGCAP VI.", "id": "id72821773ebd14d229d4974ca34689c44", "header": "Report on acquisition strategies of the logistics augmentation program of the Army", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Army, in conjunction with the Office of the Secretary of Defense and in coordination with the geographic combatant commanders, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report reviewing the proposed recompete of the operational task orders of the geographic combatant commands under the contract for the logistics augmentation program of the Army that will expire in 2028 (commonly referred to as LOGCAP V ).", "id": "id7035a8fcf3c344088d6f78c978932834", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall include the following: (1) A business case analysis of the cost and operational benefit of recompeting the task orders described in subsection (a). (2) Input from stakeholders, including Army Sustainment Command, the geographic combatant commanders, and Army service component commanders, on the desirability and operational impacts of the proposed recompete described in subsection (a). (3) Detailed cost estimates and timelines, including projected transition costs and timelines for the task orders described in subsection (a). (4) An assessment of the potential impacts related to quality and timing of transitioning to the new logistics augmentation program (commonly referred to as LOGCAP VI ). (5) An analysis of recompeting the task orders described in subsection (a) compared to transitioning to LOGCAP VI. (6) An overview of potential innovations and efficiencies derived from a competition for LOGCAP VI. (7) An explanation of the benefit of recompeting the task orders described in subsection (a) compared to an open competition for LOGCAP VI. (8) A breakdown of additional authorities needed to move directly to LOGCAP VI.", "id": "id1964e0cc140642938b639d202250ba7e", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "121. Reduction in the minimum number of Navy carrier air wings and carrier air wing headquarters required to be maintained \nSection 8062(e) of title 10, United States Code, is amended— (1) in paragraph (1), by striking until the earlier of and all that follows and inserting until the date on which additional operationally deployable aircraft carriers can fully support a 10th carrier air wing; ; and (2) in paragraph (2), by striking the earlier of and all that follows through and (B) of and inserting the date referred to in.", "id": "id4E548B4B89214B96939E7C67575712FE", "header": "Reduction in the minimum number of Navy carrier air wings and carrier air wing headquarters required to be maintained", "nested": [], "links": [] }, { "text": "122. Extension of prohibition on availability of funds for Navy port waterborne security barriers \nSection 130(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1665), as most recently amended by section 123(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is further amended by striking through 2023 and inserting through 2024.", "id": "id785D3EFB25C04496ADCA0E4C440C7D0E", "header": "Extension of prohibition on availability of funds for Navy port waterborne security barriers", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "123. Multiyear procurement authority for Virginia class submarine program \n(a) Authority for multiyear procurement \nSubject to section 3501 of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of 10 Virginia class submarines. (b) Authority for advance procurement and economic order quantity \nThe Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the Virginia class submarines for which authorization to enter into a multiyear procurement contract is provided under subsection (a) and for equipment or subsystems associated with the Virginia class submarine program, including procurement of— (1) long lead time material; or (2) material or equipment in economic order quantities when cost savings are achievable. (c) Condition for out-year contract payments \nA contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2025 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. (d) Limitation on termination liability \nA contract for the construction of Virginia class submarines entered into under subsection (a) shall include a clause that limits the liability of the United States to the contractor for any termination of the contract. The maximum liability of the United States under the clause shall be the amount appropriated for the submarines covered by the contract regardless of the amount obligated under the contract.", "id": "idC3024DB09E454571AC4C07B0DD97E4E7", "header": "Multiyear procurement authority for Virginia class submarine program", "nested": [ { "text": "(a) Authority for multiyear procurement \nSubject to section 3501 of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of 10 Virginia class submarines.", "id": "id1cee77730f2046b182fc96c414b5bb8b", "header": "Authority for multiyear procurement", "nested": [], "links": [] }, { "text": "(b) Authority for advance procurement and economic order quantity \nThe Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the Virginia class submarines for which authorization to enter into a multiyear procurement contract is provided under subsection (a) and for equipment or subsystems associated with the Virginia class submarine program, including procurement of— (1) long lead time material; or (2) material or equipment in economic order quantities when cost savings are achievable.", "id": "id4be17fa366114260b9ee17a844f3b5d1", "header": "Authority for advance procurement and economic order quantity", "nested": [], "links": [] }, { "text": "(c) Condition for out-year contract payments \nA contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2025 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.", "id": "idcdee859f90fc403bb6b43139dda12c59", "header": "Condition for out-year contract payments", "nested": [], "links": [] }, { "text": "(d) Limitation on termination liability \nA contract for the construction of Virginia class submarines entered into under subsection (a) shall include a clause that limits the liability of the United States to the contractor for any termination of the contract. The maximum liability of the United States under the clause shall be the amount appropriated for the submarines covered by the contract regardless of the amount obligated under the contract.", "id": "id1e4f7ef6b743449e9e99045271304555", "header": "Limitation on termination liability", "nested": [], "links": [] } ], "links": [] }, { "text": "124. Sense of Senate on procurement of outstanding F/A–18 Super Hornet platforms \n(a) Findings \nCongress finds that Congress appropriated funds for twelve F/A–18 Super Hornet platforms in fiscal year 2022 and eight F/A–18 Super Hornet platforms in fiscal year 2023, but the Navy has yet to enter into any contracts for the procurement of such platforms. (b) Sense of Senate \nIt is the sense of the Senate that— (1) the Secretary of the Navy and the contractor team should expeditiously enter into contractual agreements to procure the twenty F/A–18 Super Hornet platforms for which funds have been appropriated; and (2) the Senate urges the Secretary of the Navy and the contractor team to comply with congressional intent and applicable law with appropriate expediency to bolster the Navy’s fleet of strike fighter aircraft and avoid further disruption to the defense industrial base.", "id": "idc325210536d94439b9926f90ecabb68d", "header": "Sense of Senate on procurement of outstanding F/A–18 Super Hornet platforms", "nested": [ { "text": "(a) Findings \nCongress finds that Congress appropriated funds for twelve F/A–18 Super Hornet platforms in fiscal year 2022 and eight F/A–18 Super Hornet platforms in fiscal year 2023, but the Navy has yet to enter into any contracts for the procurement of such platforms.", "id": "ide77c8c13f278443d929780f8d1ec7d49", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of Senate \nIt is the sense of the Senate that— (1) the Secretary of the Navy and the contractor team should expeditiously enter into contractual agreements to procure the twenty F/A–18 Super Hornet platforms for which funds have been appropriated; and (2) the Senate urges the Secretary of the Navy and the contractor team to comply with congressional intent and applicable law with appropriate expediency to bolster the Navy’s fleet of strike fighter aircraft and avoid further disruption to the defense industrial base.", "id": "id3ccf56dec3c34eee97975806ea548eb8", "header": "Sense of Senate", "nested": [], "links": [] } ], "links": [] }, { "text": "131. Limitations and minimum inventory requirement relating to RQ–4 aircraft \nSection 9062 of title 10, United States Code, is amended by adding at the end the following new subsection: (l) (1) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 and ending on September 30, 2028, the Secretary of the Air Force may not— (A) retire an RQ–4 aircraft; (B) reduce funding for unit personnel or weapon system sustainment activities for RQ–4 aircraft in a manner that presumes future congressional authority to divest such aircraft; (C) keep an RQ–4 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as XJ status); or (D) decrease the total aircraft inventory of RQ–4 aircraft below 10 aircraft. (2) The prohibition under paragraph (1) shall not apply to individual RQ–4 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft..", "id": "id98D31FB240BF4DFAB61BA29A9B924236", "header": "Limitations and minimum inventory requirement relating to RQ–4 aircraft", "nested": [], "links": [] }, { "text": "132. Limitation on divestiture of T–1A training aircraft \nNo divestiture of any T–1A training aircraft may occur until the Chief of Staff of the Air Force submits to the congressional defense committees a certification of— (1) the fleet-wide implementation of the Undergraduate Pilot Training 2.5 curriculum and the effect of such implementation on the undergraduate pilot training pipeline; and (2) how the divestiture would affect existing programs of the Air Force that accelerate pilot training.", "id": "id76D1F2ACAFDB443A967D5643FDB59226", "header": "Limitation on divestiture of T–1A training aircraft", "nested": [], "links": [] }, { "text": "133. Modification to minimum inventory requirement for A–10 aircraft \n(a) Fiscal year 2017 NDAA \nSection 134(d) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2038), as amended by section 141(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is further amended by striking 153 A–10 aircraft and inserting 135 A–10 aircraft. (b) Fiscal year 2016 NDAA \nSection 142(b)(2) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 755), as amended by section 141(b)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is further amended by striking 153 A–10 aircraft and inserting 135 A–10 aircraft.", "id": "id16A9573AB76445358709B9842F22518F", "header": "Modification to minimum inventory requirement for A–10 aircraft", "nested": [ { "text": "(a) Fiscal year 2017 NDAA \nSection 134(d) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2038), as amended by section 141(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is further amended by striking 153 A–10 aircraft and inserting 135 A–10 aircraft.", "id": "id1abce3df6db6401188844da8698434f1", "header": "Fiscal year 2017 NDAA", "nested": [], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(b) Fiscal year 2016 NDAA \nSection 142(b)(2) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 755), as amended by section 141(b)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is further amended by striking 153 A–10 aircraft and inserting 135 A–10 aircraft.", "id": "idb4f07d231e2144fea16fca36c84a60fd", "header": "Fiscal year 2016 NDAA", "nested": [], "links": [ { "text": "Public Law 114–92", "legal-doc": "public-law", "parsable-cite": "pl/114/92" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] } ], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "Public Law 114–92", "legal-doc": "public-law", "parsable-cite": "pl/114/92" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "134. Modification to minimum requirement for total primary mission aircraft inventory of Air Force fighter aircraft \nSection 9062(i)(1) of title 10, United States Code, is amended by striking 1,145 fighter aircraft and inserting 1,112 fighter aircraft.", "id": "idCA5D85F0F0E24ACCA5C2DB87973A6279", "header": "Modification to minimum requirement for total primary mission aircraft inventory of Air Force fighter aircraft", "nested": [], "links": [] }, { "text": "135. Modification of limitation on divestment of F–15 aircraft \nSection 150 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2456) is amended— (1) in subsection (b)(1)— (A) in subparagraph (C)(ii), by striking ; and and inserting a semicolon; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (E) for each covered F–15 aircraft that the Secretary plans to divest, a description of— (i) the upgrades and modifications done to the aircraft, including the date of each modification and the value amount of each modification in current year dollars; and (ii) the estimated remaining service life of— (I) the aircraft; and (II) the onboard systems of the aircraft. ; and (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection (c): (c) Updates \nNot later than October 1 of each year through October 1, 2028, the Secretary of the Air Force shall— (1) update the report required under subsection (b); and (2) submit such update to the congressional defense committees..", "id": "id13aec5e917ec4349883260512dfd2a52", "header": "Modification of limitation on divestment of F–15 aircraft", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "136. Report on Air Force executive aircraft \n(a) In general \nNot later than January 1, 2025, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the following: (1) An overview of the total missions flown by executive aircraft of the Air Force during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year, including the mission types and Government agencies supported. (2) An identification of each mission flown by executive aircraft of the Air Force during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year, including the mission type, overall cost, average flight hour cost, and Government agency supported, disaggregated by wing and by type of aircraft. (3) The projected mission capacity for executive aircraft of the Air Force for the five fiscal years following the fiscal year in which the report is submitted, disaggregated by fiscal year, factoring in any planned changes to aircraft inventory. (4) A description of any anomalous conditions that may have impacted the availability, with respect to executive aircraft of the Air Force, of a specific aircraft type or wing during the five fiscal years preceding the fiscal year in which the report is submitted, such as unavailability of a specific aircraft type due to block upgrades or fleetwide maintenance issues. (5) A description of the impact of the capacity of executive aircraft of the Air Force on the overall capacity of the Department of Defense to meet demand for executive aircraft. (6) The total outlays of the Department of the Air Force for missions flown by executive aircraft of the Air Force, after factoring in reimbursements received from Government agencies supported, during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year and by account. (7) The projected budgets for the executive aircraft of the Air Force through the future years defense program. (8) A narrative description of how the Air Force plans and budgets for missions flown by executive aircraft. (9) Any other information the Secretary considers to be important. (b) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex for the purposes of describing classified missions supported by the executive aircraft of the Air Force.", "id": "id4f7742a1fbb74825826ab7bd9fbe0abe", "header": "Report on Air Force executive aircraft", "nested": [ { "text": "(a) In general \nNot later than January 1, 2025, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the following: (1) An overview of the total missions flown by executive aircraft of the Air Force during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year, including the mission types and Government agencies supported. (2) An identification of each mission flown by executive aircraft of the Air Force during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year, including the mission type, overall cost, average flight hour cost, and Government agency supported, disaggregated by wing and by type of aircraft. (3) The projected mission capacity for executive aircraft of the Air Force for the five fiscal years following the fiscal year in which the report is submitted, disaggregated by fiscal year, factoring in any planned changes to aircraft inventory. (4) A description of any anomalous conditions that may have impacted the availability, with respect to executive aircraft of the Air Force, of a specific aircraft type or wing during the five fiscal years preceding the fiscal year in which the report is submitted, such as unavailability of a specific aircraft type due to block upgrades or fleetwide maintenance issues. (5) A description of the impact of the capacity of executive aircraft of the Air Force on the overall capacity of the Department of Defense to meet demand for executive aircraft. (6) The total outlays of the Department of the Air Force for missions flown by executive aircraft of the Air Force, after factoring in reimbursements received from Government agencies supported, during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year and by account. (7) The projected budgets for the executive aircraft of the Air Force through the future years defense program. (8) A narrative description of how the Air Force plans and budgets for missions flown by executive aircraft. (9) Any other information the Secretary considers to be important.", "id": "id7b82a61ca97740a594a9477710912676", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex for the purposes of describing classified missions supported by the executive aircraft of the Air Force.", "id": "id0855235c345f4dae88ca35edf40417b1", "header": "Form", "nested": [], "links": [] } ], "links": [] }, { "text": "137. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft \n(a) Prohibition \nNone of the funds authorized to be appropriated by this Act for fiscal year 2024 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or in backup aircraft inventory any E–3 aircraft if such actions would reduce the total aircraft inventory for such aircraft below 16. (b) Exception for plan \nIf the Secretary of the Air Force submits to the congressional defense committees a plan for maintaining readiness and ensuring there is no lapse in mission capabilities, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to below 16, beginning 30 days after the date on which the plan is so submitted. (c) Exception for E–7 procurement \nIf the Secretary of the Air Force procures enough E–7 Wedgetail aircraft to accomplish the required mission load, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to below 16 after the date on which such E–7 Wedgetail aircraft are delivered.", "id": "id8cd3c2dec021483f84ec536df3e5aaae", "header": "Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft", "nested": [ { "text": "(a) Prohibition \nNone of the funds authorized to be appropriated by this Act for fiscal year 2024 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or in backup aircraft inventory any E–3 aircraft if such actions would reduce the total aircraft inventory for such aircraft below 16.", "id": "ida8f152b4e1304326be75781aa9f719b6", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Exception for plan \nIf the Secretary of the Air Force submits to the congressional defense committees a plan for maintaining readiness and ensuring there is no lapse in mission capabilities, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to below 16, beginning 30 days after the date on which the plan is so submitted.", "id": "ide93810a00fce4dfca04e01f7bcacf549", "header": "Exception for plan", "nested": [], "links": [] }, { "text": "(c) Exception for E–7 procurement \nIf the Secretary of the Air Force procures enough E–7 Wedgetail aircraft to accomplish the required mission load, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to below 16 after the date on which such E–7 Wedgetail aircraft are delivered.", "id": "id843394c266d3491c8ecfe1d0377d4e27", "header": "Exception for E–7 procurement", "nested": [], "links": [] } ], "links": [] }, { "text": "141. Pilot program to accelerate the procurement and fielding of innovative technologies \nSection 834(b) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 4061 note) is amended by adding at the end the following new paragraph: (3) The Secretary of Defense may waive the priority established pursuant to paragraph (1) for up to two solicitations for proposals per fiscal year..", "id": "id7572d347064c4c979425a553a4dc5d85", "header": "Pilot program to accelerate the procurement and fielding of innovative technologies", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 4061", "legal-doc": "usc", "parsable-cite": "usc/10/4061" } ] }, { "text": "142. Requirement to develop and implement policies to establish the datalink strategy of the Department of Defense \n(a) Policies required \n(1) In general \nThe Secretary of Defense shall develop and implement policies to establish the unified datalink strategy of the Department of Defense (in this section referred to as the strategy ). (2) Elements \nThe policies required by paragraph (1) shall include the following: (A) The designation of an organization that will act as the lead coordinator of datalink activities across the entire Department of Defense. (B) Prioritization and coordination across services of the strategy within the requirements generation process of the Department. (C) The use of a common standardized datalink network or transport protocol that ensures interoperability between independently developed datalinks, regardless of physical medium used, and ensures mesh routing. The Secretary of Defense shall consider the use of a subset of Internet Protocol. (D) A programmatic decoupling of the physical method used to transmit data, the network or transport protocols used in the transmission and reception of data, and the applications used to process and use data. (E) The coordination of weapon systems executing the same mission types across services of the strategy, including through the use of a common set of datalink waveforms. The Secretary shall evaluate the use of redundant datalinks for line-of-sight and beyond-line-of-sight information exchange for each weapon systems platform. (F) Coordination between the Department and the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) to leverage any efficiencies and overlap with existing datalink waveforms of the intelligence community. (G) Methods to support the rapid integration of common datalinks across the force. (H) Support for modularity of specific datalink waveforms to enable rapid integration of future datalinks, including the use of software defined radios compliant with modular open system architecture and sensor open system architecture. (b) Information to Congress \nNot later than June 1, 2024, the Secretary of Defense shall provide to the congressional defense committees the following: (1) A briefing on the proposed policies required by subsection (a)(1), with timelines for implementation. (2) An estimated timeline of implementations of datalinks. (3) A list of any additional resources and authorities required to execute the strategy. (4) A determination of whether a common set of datalinks can and should be implemented across all major weapon systems within the Department of Defense.", "id": "id7E04AF9B132F4E3EAE011285C5014B79", "header": "Requirement to develop and implement policies to establish the datalink strategy of the Department of Defense", "nested": [ { "text": "(a) Policies required \n(1) In general \nThe Secretary of Defense shall develop and implement policies to establish the unified datalink strategy of the Department of Defense (in this section referred to as the strategy ). (2) Elements \nThe policies required by paragraph (1) shall include the following: (A) The designation of an organization that will act as the lead coordinator of datalink activities across the entire Department of Defense. (B) Prioritization and coordination across services of the strategy within the requirements generation process of the Department. (C) The use of a common standardized datalink network or transport protocol that ensures interoperability between independently developed datalinks, regardless of physical medium used, and ensures mesh routing. The Secretary of Defense shall consider the use of a subset of Internet Protocol. (D) A programmatic decoupling of the physical method used to transmit data, the network or transport protocols used in the transmission and reception of data, and the applications used to process and use data. (E) The coordination of weapon systems executing the same mission types across services of the strategy, including through the use of a common set of datalink waveforms. The Secretary shall evaluate the use of redundant datalinks for line-of-sight and beyond-line-of-sight information exchange for each weapon systems platform. (F) Coordination between the Department and the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) to leverage any efficiencies and overlap with existing datalink waveforms of the intelligence community. (G) Methods to support the rapid integration of common datalinks across the force. (H) Support for modularity of specific datalink waveforms to enable rapid integration of future datalinks, including the use of software defined radios compliant with modular open system architecture and sensor open system architecture.", "id": "ideba8fbbbbbe944efbbb2443fd2efa109", "header": "Policies required", "nested": [], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "(b) Information to Congress \nNot later than June 1, 2024, the Secretary of Defense shall provide to the congressional defense committees the following: (1) A briefing on the proposed policies required by subsection (a)(1), with timelines for implementation. (2) An estimated timeline of implementations of datalinks. (3) A list of any additional resources and authorities required to execute the strategy. (4) A determination of whether a common set of datalinks can and should be implemented across all major weapon systems within the Department of Defense.", "id": "id9c267a7dd3434df99022c9e652a5ac96", "header": "Information to Congress", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "143. Report on contract for cybersecurity capabilities and briefing \n(a) Report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall submit to the congressional defense committees a report on the decision to exercise options on an existing contract to use cybersecurity capabilities to protect assets and networks across the Department of Defense. (2) Elements \nThe report required by paragraph (1) shall include the following: (A) A description of the potential effects on innovation and competition among cybersecurity vendors of the decision to exercise the cybersecurity options on the contract described in paragraph (1). (B) A description of the risks and benefits associated with an integrated enterprise-wide cybersecurity solution from a single vendor. (C) A description of future plans of the Department of Defense to recompete the acquisition of integrated and interoperable cybersecurity tools and applications that would allow multiple vendors to compete separately and as teams. (D) A copy of the analysis conducted by the Director of Cost Assessment and Program Evaluation of the Department of the costs and effectiveness of the cybersecurity capabilities covered by the contract described in paragraph (1). (E) A copy of the analysis conducted by the Director of Operational Test and Evaluation of the Department of the effectiveness of the cybersecurity capabilities covered by the contract described in paragraph (1) compared to other commercially available products and vendors. (b) Briefing \nNot later than 60 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall brief the congressional defense committees on the plans of the Department to ensure competition and interoperability in the security and identity and access management product market segments.", "id": "id1b8752462972426da5772ccdf8cc5360", "header": "Report on contract for cybersecurity capabilities and briefing", "nested": [ { "text": "(a) Report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall submit to the congressional defense committees a report on the decision to exercise options on an existing contract to use cybersecurity capabilities to protect assets and networks across the Department of Defense. (2) Elements \nThe report required by paragraph (1) shall include the following: (A) A description of the potential effects on innovation and competition among cybersecurity vendors of the decision to exercise the cybersecurity options on the contract described in paragraph (1). (B) A description of the risks and benefits associated with an integrated enterprise-wide cybersecurity solution from a single vendor. (C) A description of future plans of the Department of Defense to recompete the acquisition of integrated and interoperable cybersecurity tools and applications that would allow multiple vendors to compete separately and as teams. (D) A copy of the analysis conducted by the Director of Cost Assessment and Program Evaluation of the Department of the costs and effectiveness of the cybersecurity capabilities covered by the contract described in paragraph (1). (E) A copy of the analysis conducted by the Director of Operational Test and Evaluation of the Department of the effectiveness of the cybersecurity capabilities covered by the contract described in paragraph (1) compared to other commercially available products and vendors.", "id": "id458600d14fdc45399ac54da93ee35200", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Briefing \nNot later than 60 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall brief the congressional defense committees on the plans of the Department to ensure competition and interoperability in the security and identity and access management product market segments.", "id": "id4a393c347dc14f269e186e8d4e446a0e", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "201. Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.", "id": "id4ffd83cee9d147ac8dfc753b229731a4", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "211. Updated guidance on planning for exportability features for future programs \n(a) Program guidance on planning for exportability features \nThe Under Secretary of Defense for Acquisition and Sustainment shall ensure that program guidance is updated to integrate planning for exportability features called for by section 4067 of title 10, United States Code, for the following activities: (1) Major defense acquisition programs (MDAPs) (as defined in section 4201 of title 10, United States Code), which shall include in the initial cost estimates for the programs a requirement to capture potential exportability needs. (2) Middle tier acquisition (MTA) programs described in section 804(a) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 3201 note prec.), which shall include an assessment of potential exportability needs prior to transition from rapid fielding or prototyping. (b) Revision of guidance for program protection plans \nThe Under Secretary shall revise guidance for program protection plans to integrate a requirement to determine exportability for the programs covered by such plans.", "id": "id8ebb4ce787d94c96b8ad8d6f9f50a15d", "header": "Updated guidance on planning for exportability features for future programs", "nested": [ { "text": "(a) Program guidance on planning for exportability features \nThe Under Secretary of Defense for Acquisition and Sustainment shall ensure that program guidance is updated to integrate planning for exportability features called for by section 4067 of title 10, United States Code, for the following activities: (1) Major defense acquisition programs (MDAPs) (as defined in section 4201 of title 10, United States Code), which shall include in the initial cost estimates for the programs a requirement to capture potential exportability needs. (2) Middle tier acquisition (MTA) programs described in section 804(a) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 3201 note prec.), which shall include an assessment of potential exportability needs prior to transition from rapid fielding or prototyping.", "id": "idf8c6a0207bfb44b8a26f8be0a6d7623c", "header": "Program guidance on planning for exportability features", "nested": [], "links": [ { "text": "Public Law 114–92", "legal-doc": "public-law", "parsable-cite": "pl/114/92" }, { "text": "10 U.S.C. 3201", "legal-doc": "usc", "parsable-cite": "usc/10/3201" } ] }, { "text": "(b) Revision of guidance for program protection plans \nThe Under Secretary shall revise guidance for program protection plans to integrate a requirement to determine exportability for the programs covered by such plans.", "id": "id165e3134e3ea4a438387b24f257d461c", "header": "Revision of guidance for program protection plans", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 114–92", "legal-doc": "public-law", "parsable-cite": "pl/114/92" }, { "text": "10 U.S.C. 3201", "legal-doc": "usc", "parsable-cite": "usc/10/3201" } ] }, { "text": "212. Support to the Defence Innovation Accelerator for the North Atlantic \n(a) Authority \nTo the extent and in such amounts as provided in appropriations Acts for the purposes set forth in this section, the Secretary of Defense may, acting through the Under Secretary of Defense for Research and Engineering, provide funds of not more than $15,000,000 per year to sustain the participation of the United States in the North Atlantic Treaty Organization (NATO) Defence Innovation Accelerator for the North Atlantic (DIANA) Initiative (in this section the Initiative ). (b) Notification \n(1) In general \nNot later than 15 days after the date on which the Secretary makes a decision to provide funds pursuant to subsection (a), the Under Secretary shall submit to the congressional defense committees a written notification of such decision. (2) Contents \nNotification submitted pursuant to paragraph (1) shall include the following: (A) A detailed breakout of the funding provided. (B) The intended purposes of such funds. (C) The timeframe covered by such funds. (c) Strategy \n(1) In general \nNot later than July 1, 2024, the Under Secretary shall submit to the congressional defense committees a strategy for participation by the United States in the Initiative. (2) Contents \nThe strategy submitted pursuant to paragraph (1) shall include the following: (A) A description for how the Initiative fits into the innovation ecosystem for the North Atlantic Treaty Organization, as well as how it is synchronized with and will interact with other science, technology, and innovation activities within the Department of Defense. (B) Anticipated funding profile across the future years defense program (FYDP). (C) Identification of key technology focus areas to be addressed each year across the future years defense program. (D) Anticipated areas for expansion for key nodes or locations for the Initiative, including how the Initiative will contribute to fostering the spread of innovation throughout the United States. (d) Annual report \nNot later than February 1, 2024, and February 1 of each year thereafter through 2026, the Secretary shall submit to the congressional defense committees an annual report for Department supported activities of the Initiative, including the breakdown of funding provided for the previous fiscal year, and key milestones or achievements during that timeframe. (e) Sunset \nThe authority provided by subsection (a) shall terminate on September 30, 2026.", "id": "id1245594943e0446ba513a32481202a45", "header": "Support to the Defence Innovation Accelerator for the North Atlantic", "nested": [ { "text": "(a) Authority \nTo the extent and in such amounts as provided in appropriations Acts for the purposes set forth in this section, the Secretary of Defense may, acting through the Under Secretary of Defense for Research and Engineering, provide funds of not more than $15,000,000 per year to sustain the participation of the United States in the North Atlantic Treaty Organization (NATO) Defence Innovation Accelerator for the North Atlantic (DIANA) Initiative (in this section the Initiative ).", "id": "ide94626c1c8014d0da3dc44c378053c14", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Notification \n(1) In general \nNot later than 15 days after the date on which the Secretary makes a decision to provide funds pursuant to subsection (a), the Under Secretary shall submit to the congressional defense committees a written notification of such decision. (2) Contents \nNotification submitted pursuant to paragraph (1) shall include the following: (A) A detailed breakout of the funding provided. (B) The intended purposes of such funds. (C) The timeframe covered by such funds.", "id": "id88a2081c11a64c4aa9663f16de0f2fa1", "header": "Notification", "nested": [], "links": [] }, { "text": "(c) Strategy \n(1) In general \nNot later than July 1, 2024, the Under Secretary shall submit to the congressional defense committees a strategy for participation by the United States in the Initiative. (2) Contents \nThe strategy submitted pursuant to paragraph (1) shall include the following: (A) A description for how the Initiative fits into the innovation ecosystem for the North Atlantic Treaty Organization, as well as how it is synchronized with and will interact with other science, technology, and innovation activities within the Department of Defense. (B) Anticipated funding profile across the future years defense program (FYDP). (C) Identification of key technology focus areas to be addressed each year across the future years defense program. (D) Anticipated areas for expansion for key nodes or locations for the Initiative, including how the Initiative will contribute to fostering the spread of innovation throughout the United States.", "id": "id6cb6b4c4c2754878ade2540b29e04d14", "header": "Strategy", "nested": [], "links": [] }, { "text": "(d) Annual report \nNot later than February 1, 2024, and February 1 of each year thereafter through 2026, the Secretary shall submit to the congressional defense committees an annual report for Department supported activities of the Initiative, including the breakdown of funding provided for the previous fiscal year, and key milestones or achievements during that timeframe.", "id": "idfa4507cec08e4e629309a2bf66ffd0d1", "header": "Annual report", "nested": [], "links": [] }, { "text": "(e) Sunset \nThe authority provided by subsection (a) shall terminate on September 30, 2026.", "id": "ide3e2763a13e74b7f95192b9d5699a540", "header": "Sunset", "nested": [], "links": [] } ], "links": [] }, { "text": "213. Modification to personnel management authority to attract experts in science and engineering \nSection 4092(b) of title 10, United States code is amended— (1) in paragraph (1)(B), by striking of which not more than 5 such positions may be positions of administration or management of the Agency ; and (2) in paragraph (4), by inserting , including, upon separation, pay the travel, transportation, and relocation expenses to return to the location of origin, at the time of the initial appointment, within the United States before the period at the end.", "id": "id5c90fe1259d842dea7628f61f6d57c54", "header": "Modification to personnel management authority to attract experts in science and engineering", "nested": [], "links": [] }, { "text": "214. Administration of the Advanced Sensors Application Program \nSection 218 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking The Commander of Naval Air Systems Command and the Director of Air Warfare shall jointly serve and inserting The Under Secretary of Defense for Intelligence and Security, acting through the Director of the Air Force Office of Concepts, Development, and Management Office, shall serve ; and (B) in paragraph (2), by striking The resource sponsors of the Program shall be responsible and inserting The resource sponsor, in consultation with the Commander of Naval Air Systems Command, shall be responsible ; (2) in subsection (b), by striking Only the Secretary of the Navy, the Under Secretary of the Navy, and the Commander of Naval Air Systems Command may and inserting Only the Under Secretary of Defense for Intelligence and Security and the Director of the Air Force Concepts, Development, and Management Office, in consultation with the Commander of Naval Air Systems Command, may ; and (3) in subsection (d)(3), by striking exercised by the Commander of Naval Air Systems Command, the Secretary of the Navy, or the Under Secretary of the Navy and inserting exercised by the Under Secretary of Defense for Intelligence and Security and the Director of the Air Force Concepts, Development, and Management Office.", "id": "IDe703f1369c374bb9bcd89f00daeacb1b", "header": "Administration of the Advanced Sensors Application Program", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "215. Delegation of responsibility for certain research programs \nSection 980(b) of title 10, United Stated Code, is amended— (1) by inserting (1) before The Secretary ; and (2) by adding to the end the following new paragraph: (2) The Secretary may delegate the authority provided by paragraph (1) to the Under Secretary of Defense for Research and Engineering..", "id": "id418c32ebf62b46db9f7aa368581f4146", "header": "Delegation of responsibility for certain research programs", "nested": [], "links": [] }, { "text": "216. Program of standards and requirements for microelectronics \n(a) Program required \nThe Secretary of Defense shall establish, not later than 180 days after the date of the enactment of this Act, a program within the National Security Agency to develop and continuously update, as the Secretary determines necessary, standards, commercial best practices, and requirements for the design, manufacture, packaging, test, and distribution of microelectronics acquired by the Department of Defense to provide acceptable levels of confidentiality, integrity, and availability for Department commercial-off-the-shelf (COTS) microelectronics, field programmable gate arrays (FPGAs), and custom integrated circuits (CICs). (b) Advice and assessment \nThe Secretary shall ensure that the program established pursuant to subsection (a) is advised and assessed by the Government-Industry-Academia Working Group on Microelectronics established under section 220 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ). (c) Requirements \nThe program established by subsection (a) shall develop— (1) evidence-based assurance processes and techniques that sustain, build on, automate, and scale up the results and accomplishments of the Rapid Assured Microelectronics Prototypes (RAMP), RAMP-Commercial (RAMP-C), and State-of-the-Art Heterogeneous Integrated Packaging (SHIP) programs to enhance the confidentiality, integrity, and availability of microelectronics while minimizing costs and impacts to commercial manufacturing practices; (2) validation methods for such processes and techniques, in coordination with the developmental and operational test and evaluation community, as the Secretary determines necessary; (3) threat models that comprehensively characterize the threat to microelectronics confidentiality, integrity, and availability across the entire supply chain, and the design, production, packaging, and deployment cycle to support risk management and risk mitigation, based on the principle of reducing risk to as low a level as reasonably practicable, including— (A) comparative risk assessments; and (B) balanced and practical investments in assurance based on risks and returns; (4) levels of assurance and associated requirements for the production and acquisition of commercial-off-the-shelf integrated circuits, integrated circuits subject to International Traffic in Arms Regulations (ITAR) under subchapter M of chapter I of title 22, Code of Federal Regulations, or successor regulations, and classified integrated circuits using commercial foundry manufacturing process flows; (5) guides for Federal Government program evaluators, program offices, and industry to meet microelectronics assurance requirements; and (6) guidance for the creation of a government organizational structure and plan to support the acquisition of fit-for-purpose microelectronics, including the role of the Defense Microelectronics Activity, the Crane Division of the Naval Surface Warfare Center, and the Joint Federated Assurance Center. (d) Microelectronics assurance standard \nThe program established pursuant to subsection (a) shall establish a Department microelectronics assurance standard that includes an overarching assurance framework as well as the guides developed under subsection (c)(5), for commercial-off-the-shelf integrated circuits, integrated circuits subject to the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, or successor regulations, and classified microelectronics developed under subsection (c)(4). (e) Microelectronics Assurance Executive Agent \nThe Secretary shall designate one individual from a military department as the Microelectronics Assurance Executive Agent to assist Federal Government program offices in acquiring fit-for-purpose microelectronics. (f) Management of RAMP and SHIP programs \nEffective on the date of the establishment of the program required by subsection (a), such program shall assume management of the Rapid Assured Microelectronics Prototypes, Rapid Assured Microelectronics Prototypes-Commercial (RAMP-C), and State-of-the-Art Heterogeneous Integrated Packaging programs that were in effect on the day before the date of the enactment of this Act and executed by the Under Secretary of Defense for Research and Engineering. (g) Oversight \nThe Under Secretary of Defense for Research and Engineering shall provide oversight of the planning and execution of the program required by subsection (a). (h) Requirements for contracting for application-specific integrated circuits \nThe Secretary shall ensure that, for contracts for application-specific integrated circuits designed by defense industrial base contractors— (1) the use of evidence-based assurance processes and techniques are included in the contract data requirements list; (2) commercial best industry practices for confidentiality, integrity, and availability are used; (3) a library of certified third-party intellectual property is established for reuse, including reuse of transistor layouts, cells, and macrocells; (4) legal mechanisms are in place for data collection and sharing; and (5) automation technology is adopted to achieve efficiency.", "id": "id26df72f0d0134c42a5970e55566126bc", "header": "Program of standards and requirements for microelectronics", "nested": [ { "text": "(a) Program required \nThe Secretary of Defense shall establish, not later than 180 days after the date of the enactment of this Act, a program within the National Security Agency to develop and continuously update, as the Secretary determines necessary, standards, commercial best practices, and requirements for the design, manufacture, packaging, test, and distribution of microelectronics acquired by the Department of Defense to provide acceptable levels of confidentiality, integrity, and availability for Department commercial-off-the-shelf (COTS) microelectronics, field programmable gate arrays (FPGAs), and custom integrated circuits (CICs).", "id": "idb7f1428c6b1e42eebeab446567edc7f1", "header": "Program required", "nested": [], "links": [] }, { "text": "(b) Advice and assessment \nThe Secretary shall ensure that the program established pursuant to subsection (a) is advised and assessed by the Government-Industry-Academia Working Group on Microelectronics established under section 220 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ).", "id": "idef048b08224540cbae121311962d9ceb", "header": "Advice and assessment", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(c) Requirements \nThe program established by subsection (a) shall develop— (1) evidence-based assurance processes and techniques that sustain, build on, automate, and scale up the results and accomplishments of the Rapid Assured Microelectronics Prototypes (RAMP), RAMP-Commercial (RAMP-C), and State-of-the-Art Heterogeneous Integrated Packaging (SHIP) programs to enhance the confidentiality, integrity, and availability of microelectronics while minimizing costs and impacts to commercial manufacturing practices; (2) validation methods for such processes and techniques, in coordination with the developmental and operational test and evaluation community, as the Secretary determines necessary; (3) threat models that comprehensively characterize the threat to microelectronics confidentiality, integrity, and availability across the entire supply chain, and the design, production, packaging, and deployment cycle to support risk management and risk mitigation, based on the principle of reducing risk to as low a level as reasonably practicable, including— (A) comparative risk assessments; and (B) balanced and practical investments in assurance based on risks and returns; (4) levels of assurance and associated requirements for the production and acquisition of commercial-off-the-shelf integrated circuits, integrated circuits subject to International Traffic in Arms Regulations (ITAR) under subchapter M of chapter I of title 22, Code of Federal Regulations, or successor regulations, and classified integrated circuits using commercial foundry manufacturing process flows; (5) guides for Federal Government program evaluators, program offices, and industry to meet microelectronics assurance requirements; and (6) guidance for the creation of a government organizational structure and plan to support the acquisition of fit-for-purpose microelectronics, including the role of the Defense Microelectronics Activity, the Crane Division of the Naval Surface Warfare Center, and the Joint Federated Assurance Center.", "id": "id94c38dfccd6f47db89fbffdd227f6907", "header": "Requirements", "nested": [], "links": [] }, { "text": "(d) Microelectronics assurance standard \nThe program established pursuant to subsection (a) shall establish a Department microelectronics assurance standard that includes an overarching assurance framework as well as the guides developed under subsection (c)(5), for commercial-off-the-shelf integrated circuits, integrated circuits subject to the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, or successor regulations, and classified microelectronics developed under subsection (c)(4).", "id": "id13ef5ba87d5246a6bebd0f2467ad1dbb", "header": "Microelectronics assurance standard", "nested": [], "links": [] }, { "text": "(e) Microelectronics Assurance Executive Agent \nThe Secretary shall designate one individual from a military department as the Microelectronics Assurance Executive Agent to assist Federal Government program offices in acquiring fit-for-purpose microelectronics.", "id": "id3682f8da5281448f88500bdd05a4e7b6", "header": "Microelectronics Assurance Executive Agent", "nested": [], "links": [] }, { "text": "(f) Management of RAMP and SHIP programs \nEffective on the date of the establishment of the program required by subsection (a), such program shall assume management of the Rapid Assured Microelectronics Prototypes, Rapid Assured Microelectronics Prototypes-Commercial (RAMP-C), and State-of-the-Art Heterogeneous Integrated Packaging programs that were in effect on the day before the date of the enactment of this Act and executed by the Under Secretary of Defense for Research and Engineering.", "id": "id3e78677f949046a888d6dbd1ae3b21b2", "header": "Management of RAMP and SHIP programs", "nested": [], "links": [] }, { "text": "(g) Oversight \nThe Under Secretary of Defense for Research and Engineering shall provide oversight of the planning and execution of the program required by subsection (a).", "id": "id94a457a165e84e93a999f017125282ea", "header": "Oversight", "nested": [], "links": [] }, { "text": "(h) Requirements for contracting for application-specific integrated circuits \nThe Secretary shall ensure that, for contracts for application-specific integrated circuits designed by defense industrial base contractors— (1) the use of evidence-based assurance processes and techniques are included in the contract data requirements list; (2) commercial best industry practices for confidentiality, integrity, and availability are used; (3) a library of certified third-party intellectual property is established for reuse, including reuse of transistor layouts, cells, and macrocells; (4) legal mechanisms are in place for data collection and sharing; and (5) automation technology is adopted to achieve efficiency.", "id": "id6ab344022ce04a85ab10f1f04eb95217", "header": "Requirements for contracting for application-specific integrated circuits", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "217. Clarifying role of partnership intermediaries to promote defense research and education \nSection 4124(f)(2) of title 10, United States Code, is amended— (1) by striking that assists and inserting the following: “that— (A) assists ; (2) in subparagraph (A), as designated by paragraph (1), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: (B) facilitates technology transfer from industry or academic institutions to the Center; or (C) assists and facilitates workforce development in critical technology areas and technology transition to fulfill unmet needs of a Center..", "id": "idd2169065c6654d7c9547ebfe676e7cee", "header": "Clarifying role of partnership intermediaries to promote defense research and education", "nested": [], "links": [] }, { "text": "218. Competition for technology that detects and watermarks the use of generative artificial intelligence \n(a) Establishment \n(1) In general \nThe Secretary of Defense shall establish and carry out a prize competition under section 4025 of title 10, United States Code, to evaluate technology, including applications, tools, and models, for the detection and watermarking of generative artificial intelligence (AI)— (A) to facilitate the research, development, testing, evaluation, and competition of secure generative artificial intelligence detection and watermark technologies that can support each Secretary of a military department and the commanders of combatant commands to support warfighting requirements; and (B) to transition such technologies, including technologies developed from pilot programs, prototype projects, or other research and development programs, from the prototyping phase to production. (2) Participation \nThe participants in the competition carried out pursuant to paragraph (1) may include Federally-funded research and development centers (FFRDCs), the private sector, the defense industrial base, academia, government agencies, and such other participants as the Secretary considers appropriate. (3) Commencement \nThe competition will begin within 270 days of passage of this Act. (4) Designation \nThe competition established and carried out pursuant to paragraph (1) shall be known as the Generative AI Detection and Watermark Competition. (b) Administration \nThe Under Secretary of Defense for Research and Engineering shall administer the competition required by subsection (a). (c) Framework \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the framework the Secretary will use to carry out the competition required by subsection (a). (d) Annual reports \nNot later than October 1 of each year until the termination of the competition established and carried out under subsection (a), the Secretary shall submit to the congressional defense committees a report on the results of the competition. (e) Definitions \nIn this section: (1) The term detection means a technology that can positively identify the presence of generative artificial intelligence in digital content. (2) The term watermarking means embedding a piece of data onto detected artificial intelligence generated digital content, conveying attribution to the source generation. (f) Termination \nThe competition established and carried out pursuant to subsection (a) shall terminate on December 31, 2025.", "id": "id62C24026FBC04EBB98371C3012812A9E", "header": "Competition for technology that detects and watermarks the use of generative artificial intelligence", "nested": [ { "text": "(a) Establishment \n(1) In general \nThe Secretary of Defense shall establish and carry out a prize competition under section 4025 of title 10, United States Code, to evaluate technology, including applications, tools, and models, for the detection and watermarking of generative artificial intelligence (AI)— (A) to facilitate the research, development, testing, evaluation, and competition of secure generative artificial intelligence detection and watermark technologies that can support each Secretary of a military department and the commanders of combatant commands to support warfighting requirements; and (B) to transition such technologies, including technologies developed from pilot programs, prototype projects, or other research and development programs, from the prototyping phase to production. (2) Participation \nThe participants in the competition carried out pursuant to paragraph (1) may include Federally-funded research and development centers (FFRDCs), the private sector, the defense industrial base, academia, government agencies, and such other participants as the Secretary considers appropriate. (3) Commencement \nThe competition will begin within 270 days of passage of this Act. (4) Designation \nThe competition established and carried out pursuant to paragraph (1) shall be known as the Generative AI Detection and Watermark Competition.", "id": "id77dd1fbf55d44df69f3dd3dec837a206", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Administration \nThe Under Secretary of Defense for Research and Engineering shall administer the competition required by subsection (a).", "id": "id513fcf565f594512aea27acb1231316b", "header": "Administration", "nested": [], "links": [] }, { "text": "(c) Framework \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the framework the Secretary will use to carry out the competition required by subsection (a).", "id": "id04b0bbcc63a0417685368ca8aa1fba8a", "header": "Framework", "nested": [], "links": [] }, { "text": "(d) Annual reports \nNot later than October 1 of each year until the termination of the competition established and carried out under subsection (a), the Secretary shall submit to the congressional defense committees a report on the results of the competition.", "id": "id991e0f0ef55c4bd09fcfd08dfeafe4e8", "header": "Annual reports", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) The term detection means a technology that can positively identify the presence of generative artificial intelligence in digital content. (2) The term watermarking means embedding a piece of data onto detected artificial intelligence generated digital content, conveying attribution to the source generation.", "id": "id8a2daab923fa48cba20ba29f77257100", "header": "Definitions", "nested": [], "links": [] }, { "text": "(f) Termination \nThe competition established and carried out pursuant to subsection (a) shall terminate on December 31, 2025.", "id": "id1682f4884f2a45298d44871ddbcc6261", "header": "Termination", "nested": [], "links": [] } ], "links": [] }, { "text": "221. Department of Defense prize competitions for business systems modernization \n(a) In general \nNot later than September 30, 2028, the Secretary of Defense and the Secretaries of the military departments shall complete one or more prize competitions under section 4025 of title 10, United States Code, in order to support the business systems modernization goals of the Department of Defense. (b) Scope \n(1) In general \nEach prize competition carried out under subsection (a) shall be structured to complement, and to the degree practicable, accelerate delivery or expand functionality of business systems capabilities being pursued by the affected Secretary, either currently in operation, in development, or for broad classes of systems covered by the business enterprise architecture required by section 2222(e) of title 10, United States Code. (2) Areas for consideration \nIn carrying out subsection (a), the Secretary of Defense and the Secretaries of the military departments shall each consider the following: (A) Integration of artificial intelligence or machine learning capabilities. (B) Data analytics or business intelligence, or related visualization capability. (C) Automated updating of business architectures, business systems integration, or documentation related to existing systems or manuals. (D) Improvements to interfaces or processes for interacting with other non-Department of Defense business systems. (E) Updates or replacements for legacy business systems to improve operational effectiveness and efficiency, such as the Mechanization of Contract Administration Services (MOCAS). (F) Contract writing systems or expanded capability that could be integrated into existing systems. (G) Pay and personnel systems, or expanded capability, that could be integrated into existing systems. (H) Other finance and accounting systems, or expanded capability, that could be integrated into existing systems. (I) Systems supporting industrial base and supply chain visibility, analytics, and management.", "id": "id4e02aa1feb1b49c280280ab5a00ad785", "header": "Department of Defense prize competitions for business systems modernization", "nested": [ { "text": "(a) In general \nNot later than September 30, 2028, the Secretary of Defense and the Secretaries of the military departments shall complete one or more prize competitions under section 4025 of title 10, United States Code, in order to support the business systems modernization goals of the Department of Defense.", "id": "id3dc70b99f2f24af3987affe3e0bdf523", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Scope \n(1) In general \nEach prize competition carried out under subsection (a) shall be structured to complement, and to the degree practicable, accelerate delivery or expand functionality of business systems capabilities being pursued by the affected Secretary, either currently in operation, in development, or for broad classes of systems covered by the business enterprise architecture required by section 2222(e) of title 10, United States Code. (2) Areas for consideration \nIn carrying out subsection (a), the Secretary of Defense and the Secretaries of the military departments shall each consider the following: (A) Integration of artificial intelligence or machine learning capabilities. (B) Data analytics or business intelligence, or related visualization capability. (C) Automated updating of business architectures, business systems integration, or documentation related to existing systems or manuals. (D) Improvements to interfaces or processes for interacting with other non-Department of Defense business systems. (E) Updates or replacements for legacy business systems to improve operational effectiveness and efficiency, such as the Mechanization of Contract Administration Services (MOCAS). (F) Contract writing systems or expanded capability that could be integrated into existing systems. (G) Pay and personnel systems, or expanded capability, that could be integrated into existing systems. (H) Other finance and accounting systems, or expanded capability, that could be integrated into existing systems. (I) Systems supporting industrial base and supply chain visibility, analytics, and management.", "id": "id933557466f8e4bd5a4989db4abe5e940", "header": "Scope", "nested": [], "links": [] } ], "links": [] }, { "text": "222. Update to plans and strategies for artificial intelligence \n(a) In general \nThe Secretary of Defense shall, in consultation with the Deputy Secretary of Defense— (1) establish and document procedures, including timelines, for the periodic review of the 2018 Department of Defense Artificial Intelligence Strategy, or any successor strategy, and associated annexes of the military departments to assess the implementation of the strategy and whether any revision is necessary; (2) issue Department of Defense-wide guidance that defines outcomes of near-term and long-term strategies and plans relating to— (A) the adoption of artificial intelligence; (B) adoption and enforcement of policies on the ethical use of artificial intelligence systems; and (C) the identification and mitigation of bias in artificial intelligence algorithms; (3) issue Department-wide guidance regarding— (A) methods to monitor accountability for artificial intelligence-related activity, including artificial intelligence performance indicators and metrics; (B) means to enforce and update ethics policy and guidelines across all adopted artificial intelligence systems; and (C) means to identify, monitor, and mitigate bias in artificial intelligence algorithms; (4) develop a strategic plan for the development, use, and cybersecurity of generative artificial intelligence, including a policy for use of, and defense against adversarial use of, generative artificial intelligence; (5) assess technical workforce needs across the future years defense plan to support the continued development of artificial intelligence capabilities, including recruitment and retention policies and programs; (6) assess the availability and adequacy of the basic artificial intelligence training and education curricula available to the broader Department civilian workforce and military personnel to promote artificial intelligence literacy to the nontechnical workforce and senior leadership with responsibilities adjacent to artificial intelligence technical development; (7) develop and issue a timeline and guidance for the Chief Digital and Artificial Intelligence Officer of the Department and the Secretaries of the military departments to establish a common terminology for artificial intelligence-related activities; (8) develop and implement a plan to protect and secure the integrity, availability, and privacy of artificial intelligence systems and models, including large language models, data libraries, data repositories, and algorithms, in training, development, and production environments; (9) develop and implement a plan— (A) to identify commercially available and relevant large language models; and (B) to make those available, as appropriate, on classified networks; (10) develop a plan to defend the people, organizations, and systems of the Department against adversarial artificial intelligence, including identification of organizations within the Department that could provide red teams capabilities for operational and developmental needs; (11) develop and implement a policy for use by contracting officials to protect the intellectual property of commercial entities that provide their artificial intelligence algorithms to a Department repository established pursuant to section 232 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 4001 note), including policy for how to address data rights in situations in which government and commercial intellectual property may be mixed when such artificial intelligence algorithms are deployed in an operational environment; (12) issue guidance and directives for how the Chief Digital and Artificial Intelligence Officer of the Department will exercise authority to access, control, and maintain, on behalf of the Secretary, data collected, acquired, accessed, or utilized by Department components consistent with section 1513 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 4001 note); and (13) clarify guidance on the instances for and role of human intervention and oversight in the exercise of artificial intelligence algorithms for use in the generation of offensive or lethal courses of action for tactical operations. (b) Due date for procedures, guidance, plans, assessment, and timelines \n(1) Due date \nThe Secretary shall develop the procedures, guidance, plans, assessment, and timelines required under subsection (a) not later than 120 days after the date of enactment of this Act. (2) Briefing \nNot later than 150 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the procedures, guidance, plans, assessment, and timelines established, issued, carried out, or developed under subsection (a).", "id": "id4183E93CFA9F44C692E12F15DFA50873", "header": "Update to plans and strategies for artificial intelligence", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall, in consultation with the Deputy Secretary of Defense— (1) establish and document procedures, including timelines, for the periodic review of the 2018 Department of Defense Artificial Intelligence Strategy, or any successor strategy, and associated annexes of the military departments to assess the implementation of the strategy and whether any revision is necessary; (2) issue Department of Defense-wide guidance that defines outcomes of near-term and long-term strategies and plans relating to— (A) the adoption of artificial intelligence; (B) adoption and enforcement of policies on the ethical use of artificial intelligence systems; and (C) the identification and mitigation of bias in artificial intelligence algorithms; (3) issue Department-wide guidance regarding— (A) methods to monitor accountability for artificial intelligence-related activity, including artificial intelligence performance indicators and metrics; (B) means to enforce and update ethics policy and guidelines across all adopted artificial intelligence systems; and (C) means to identify, monitor, and mitigate bias in artificial intelligence algorithms; (4) develop a strategic plan for the development, use, and cybersecurity of generative artificial intelligence, including a policy for use of, and defense against adversarial use of, generative artificial intelligence; (5) assess technical workforce needs across the future years defense plan to support the continued development of artificial intelligence capabilities, including recruitment and retention policies and programs; (6) assess the availability and adequacy of the basic artificial intelligence training and education curricula available to the broader Department civilian workforce and military personnel to promote artificial intelligence literacy to the nontechnical workforce and senior leadership with responsibilities adjacent to artificial intelligence technical development; (7) develop and issue a timeline and guidance for the Chief Digital and Artificial Intelligence Officer of the Department and the Secretaries of the military departments to establish a common terminology for artificial intelligence-related activities; (8) develop and implement a plan to protect and secure the integrity, availability, and privacy of artificial intelligence systems and models, including large language models, data libraries, data repositories, and algorithms, in training, development, and production environments; (9) develop and implement a plan— (A) to identify commercially available and relevant large language models; and (B) to make those available, as appropriate, on classified networks; (10) develop a plan to defend the people, organizations, and systems of the Department against adversarial artificial intelligence, including identification of organizations within the Department that could provide red teams capabilities for operational and developmental needs; (11) develop and implement a policy for use by contracting officials to protect the intellectual property of commercial entities that provide their artificial intelligence algorithms to a Department repository established pursuant to section 232 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 4001 note), including policy for how to address data rights in situations in which government and commercial intellectual property may be mixed when such artificial intelligence algorithms are deployed in an operational environment; (12) issue guidance and directives for how the Chief Digital and Artificial Intelligence Officer of the Department will exercise authority to access, control, and maintain, on behalf of the Secretary, data collected, acquired, accessed, or utilized by Department components consistent with section 1513 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 4001 note); and (13) clarify guidance on the instances for and role of human intervention and oversight in the exercise of artificial intelligence algorithms for use in the generation of offensive or lethal courses of action for tactical operations.", "id": "idEBFE4DF369BC46C2BD3813FEB06D0A2D", "header": "In general", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 4001", "legal-doc": "usc", "parsable-cite": "usc/10/4001" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "10 U.S.C. 4001", "legal-doc": "usc", "parsable-cite": "usc/10/4001" } ] }, { "text": "(b) Due date for procedures, guidance, plans, assessment, and timelines \n(1) Due date \nThe Secretary shall develop the procedures, guidance, plans, assessment, and timelines required under subsection (a) not later than 120 days after the date of enactment of this Act. (2) Briefing \nNot later than 150 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the procedures, guidance, plans, assessment, and timelines established, issued, carried out, or developed under subsection (a).", "id": "id05434F707FEF4EE4A806D673221440F4", "header": "Due date for procedures, guidance, plans, assessment, and timelines", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 4001", "legal-doc": "usc", "parsable-cite": "usc/10/4001" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "10 U.S.C. 4001", "legal-doc": "usc", "parsable-cite": "usc/10/4001" } ] }, { "text": "223. Western regional range complex demonstration \n(a) Demonstration required \nThe Secretary shall carry out a demonstration of a joint multi-domain nonkinetic testing and training environment across military departments by interconnecting existing ranges and training sites in the western States to improve joint multi-domain nonkinetic training and further testing, research, and development. (b) Use of existing ranges and capabilities \nThe demonstration carried out pursuant to subsection (a) shall use existing ranges and range capability, unless capability gaps are identified in the process of planning specific demonstration activities. (c) Activities \nThe demonstration carried out pursuant to subsection (a) shall include the following: (1) Electromagnetic spectrum operations. (2) Electromagnetic warfare. (3) Operations in the information environment. (4) Joint All Domain Command and Control (JADC2). (5) Information warfare, including the following: (A) Intelligence, surveillance, and reconnaissance. (B) Offensive and defense cyber operations. (C) Electromagnetic warfare. (D) Space operations. (E) Psychological operations. (F) Public affairs. (G) Weather operations. (d) Timeline for completion of initial demonstration \nIn carrying out subsection (a), the Secretary shall seek to complete an initial demonstration, interconnecting two or more ranges or testing sites of two or more military departments in the western States, subject to availability of appropriations, not later than one year after the date of the enactment of this Act. (e) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on— (1) a phased implementation plan and design to connect ranges and testing sites in the western States, including the initial demonstration required by subsection (d); (2) how the design architecture of the plan is in alignment with recommendations of the 2020 Department of Defense Electromagnetic Spectrum Superiority Strategy; and (3) how the design architecture will support high-periodicity training, testing, research, and development. (f) Definition \nIn this section: (1) Information environment \nThe term information environment means the aggregate of individuals, organizations, and systems that collect, process, and disseminate, or act on information. (2) Secretary \nThe term Secretary means the Secretary of Defense. (g) Termination \nThis section shall terminate on September 30, 2028.", "id": "idc7e345db7a254cfb96c8a837eb8095a3", "header": "Western regional range complex demonstration", "nested": [ { "text": "(a) Demonstration required \nThe Secretary shall carry out a demonstration of a joint multi-domain nonkinetic testing and training environment across military departments by interconnecting existing ranges and training sites in the western States to improve joint multi-domain nonkinetic training and further testing, research, and development.", "id": "id90d43bc137814c85ad8a8f7cc10a7d88", "header": "Demonstration required", "nested": [], "links": [] }, { "text": "(b) Use of existing ranges and capabilities \nThe demonstration carried out pursuant to subsection (a) shall use existing ranges and range capability, unless capability gaps are identified in the process of planning specific demonstration activities.", "id": "ida22a06d098c047bb9ba2c6035074b596", "header": "Use of existing ranges and capabilities", "nested": [], "links": [] }, { "text": "(c) Activities \nThe demonstration carried out pursuant to subsection (a) shall include the following: (1) Electromagnetic spectrum operations. (2) Electromagnetic warfare. (3) Operations in the information environment. (4) Joint All Domain Command and Control (JADC2). (5) Information warfare, including the following: (A) Intelligence, surveillance, and reconnaissance. (B) Offensive and defense cyber operations. (C) Electromagnetic warfare. (D) Space operations. (E) Psychological operations. (F) Public affairs. (G) Weather operations.", "id": "id1a94dc25b2f447e3b490b9546cf45d72", "header": "Activities", "nested": [], "links": [] }, { "text": "(d) Timeline for completion of initial demonstration \nIn carrying out subsection (a), the Secretary shall seek to complete an initial demonstration, interconnecting two or more ranges or testing sites of two or more military departments in the western States, subject to availability of appropriations, not later than one year after the date of the enactment of this Act.", "id": "id468580dd86354b3f8b08be36f4bcb3d1", "header": "Timeline for completion of initial demonstration", "nested": [], "links": [] }, { "text": "(e) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on— (1) a phased implementation plan and design to connect ranges and testing sites in the western States, including the initial demonstration required by subsection (d); (2) how the design architecture of the plan is in alignment with recommendations of the 2020 Department of Defense Electromagnetic Spectrum Superiority Strategy; and (3) how the design architecture will support high-periodicity training, testing, research, and development.", "id": "idd1606ee5c016485eaae75c5d6873761b", "header": "Briefing", "nested": [], "links": [] }, { "text": "(f) Definition \nIn this section: (1) Information environment \nThe term information environment means the aggregate of individuals, organizations, and systems that collect, process, and disseminate, or act on information. (2) Secretary \nThe term Secretary means the Secretary of Defense.", "id": "id17f85f49c1454b82a4db1c0136eb3d34", "header": "Definition", "nested": [], "links": [] }, { "text": "(g) Termination \nThis section shall terminate on September 30, 2028.", "id": "idb33a260bb9604db59a738df4184c0803", "header": "Termination", "nested": [], "links": [] } ], "links": [] }, { "text": "224. Report on feasibility and advisability of establishing a quantum computing innovation center \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Under Secretary of Defense for Research and Engineering and the Chief Digital and Artificial Intelligence Officer, submit to the congressional defense committees a report on the feasibility and advisability of establishing a quantum computing innovation center within the Department of Defense— (1) to identify and pursue the development of quantum computing applications to enhance military operations; (2) to harness the talent and skills of physicists and scientists within the Department to develop quantum computing applications; and (3) to coordinate and synchronize quantum computing research across the Department. (b) Elements \nThe report required under subsection (a) shall include the following: (1) An assessment of the ongoing activities of the Department that are part of the National Quantum Initiative. (2) An evaluation of the plans of the Department to develop quantum computing, sensing, and networking applications. (3) The level of funding and resources invested by the Department to enable quantum military applications. (4) Any established metrics or performance indicators to track the progress of quantum technology developments. (5) The extent to which the Department is partnering with commercial entities engaging in quantum research and development. (6) An evaluation of any plans establishing how commercial advances in quantum technology can be leveraged for military operations. (7) An assessment of the maturity of United States competitor efforts to develop quantum applications for adversarial use. (8) An assessment of any processes to harmonize or coordinate activities across the Department to develop quantum computing applications. (9) An evaluation of any Department-issued policy guidance regarding quantum computing applications. (10) An evaluation of any Department plans to defend against adversarial use of quantum computing applications.", "id": "idaffece925f164970a0a0c36a56094f01", "header": "Report on feasibility and advisability of establishing a quantum computing innovation center", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Under Secretary of Defense for Research and Engineering and the Chief Digital and Artificial Intelligence Officer, submit to the congressional defense committees a report on the feasibility and advisability of establishing a quantum computing innovation center within the Department of Defense— (1) to identify and pursue the development of quantum computing applications to enhance military operations; (2) to harness the talent and skills of physicists and scientists within the Department to develop quantum computing applications; and (3) to coordinate and synchronize quantum computing research across the Department.", "id": "idea58d5f32ab84d7fb31ee0a81170d103", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required under subsection (a) shall include the following: (1) An assessment of the ongoing activities of the Department that are part of the National Quantum Initiative. (2) An evaluation of the plans of the Department to develop quantum computing, sensing, and networking applications. (3) The level of funding and resources invested by the Department to enable quantum military applications. (4) Any established metrics or performance indicators to track the progress of quantum technology developments. (5) The extent to which the Department is partnering with commercial entities engaging in quantum research and development. (6) An evaluation of any plans establishing how commercial advances in quantum technology can be leveraged for military operations. (7) An assessment of the maturity of United States competitor efforts to develop quantum applications for adversarial use. (8) An assessment of any processes to harmonize or coordinate activities across the Department to develop quantum computing applications. (9) An evaluation of any Department-issued policy guidance regarding quantum computing applications. (10) An evaluation of any Department plans to defend against adversarial use of quantum computing applications.", "id": "idd8daf46dc45e486bb3837b0c1e420b36", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "225. Briefing on the impediments to the transition of the Semantic Forensics program to operational use \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall, in consultation with the Office of General Counsel of the Department of Defense and the Director of the Defense Advanced Research Projects Agency, provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the impediments to the transition of the Semantic Forensics program to operational use. (b) Elements \nThe briefing provided pursuant to subsection (a) shall include the following: (1) Identification of policy and legal challenges associated with the transition described in subsection (a) and implementation of the Semantic Forensics program, including with respect to the use and operational testing of publicly available information. (2) Identification of other Federal agencies with legal authorities that may be able to resolve the challenges identified pursuant to paragraph (1). (3) Recommendations for legislative or administrative action to mitigate the challenges identified pursuant to paragraph (1).", "id": "id558583a2bb0b4c38a2c4f692bc009720", "header": "Briefing on the impediments to the transition of the Semantic Forensics program to operational use", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall, in consultation with the Office of General Counsel of the Department of Defense and the Director of the Defense Advanced Research Projects Agency, provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the impediments to the transition of the Semantic Forensics program to operational use.", "id": "idd7c35324f84f42fea87e2cbf40b357ca", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe briefing provided pursuant to subsection (a) shall include the following: (1) Identification of policy and legal challenges associated with the transition described in subsection (a) and implementation of the Semantic Forensics program, including with respect to the use and operational testing of publicly available information. (2) Identification of other Federal agencies with legal authorities that may be able to resolve the challenges identified pursuant to paragraph (1). (3) Recommendations for legislative or administrative action to mitigate the challenges identified pursuant to paragraph (1).", "id": "id2436692e25c145039f608e4c4ef7b4e1", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "226. Annual report on Department of Defense hypersonic capability funding and investment \n(a) In general \nNot later than March 1 of fiscal year 2024 and March 1 of each of fiscal year thereafter through 2030, the Secretary of Defense shall submit to the congressional defense committees an annual report on funding and investments of the Department of Defense relating to hypersonic capabilities, including with respect to procurement, research, development, operations, and maintenance of offensive and defensive hypersonic weapons. (b) Requirements \nEach report submitted pursuant to subsection (a) shall— (1) include cost data on the vehicles, testing, hypersonic sensors, command and control architectures, infrastructure, testing infrastructure, software, workforce, training, ranges, integration costs, and such other items as the Secretary considers appropriate; (2) disaggregate information reported by offensive and defensive hypersonic capabilities; (3) for research relating to hypersonic capabilities, include the program element and the name of the entity that is conducting the research, a description of the purpose of the research, and any Uniform Resource Locators to weapon programs associated with the research; and (4) to the degree applicable, include all associated hypersonic program elements and line items. (c) Form \nEach report submitted pursuant to subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "idFAEDD3EC0A3C4E58BD581F2D1ADB2FF2", "header": "Annual report on Department of Defense hypersonic capability funding and investment", "nested": [ { "text": "(a) In general \nNot later than March 1 of fiscal year 2024 and March 1 of each of fiscal year thereafter through 2030, the Secretary of Defense shall submit to the congressional defense committees an annual report on funding and investments of the Department of Defense relating to hypersonic capabilities, including with respect to procurement, research, development, operations, and maintenance of offensive and defensive hypersonic weapons.", "id": "id041779696a4c45d897d9fb18dbe9ced8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nEach report submitted pursuant to subsection (a) shall— (1) include cost data on the vehicles, testing, hypersonic sensors, command and control architectures, infrastructure, testing infrastructure, software, workforce, training, ranges, integration costs, and such other items as the Secretary considers appropriate; (2) disaggregate information reported by offensive and defensive hypersonic capabilities; (3) for research relating to hypersonic capabilities, include the program element and the name of the entity that is conducting the research, a description of the purpose of the research, and any Uniform Resource Locators to weapon programs associated with the research; and (4) to the degree applicable, include all associated hypersonic program elements and line items.", "id": "id508a78a3434a4834bc8c9813e8ce1bf5", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Form \nEach report submitted pursuant to subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "id9fc1d75439904acf81448d53170e075d", "header": "Form", "nested": [], "links": [] } ], "links": [] }, { "text": "227. Limitation on availability of funds for travel for office of Under Secretary of Defense for Personnel and Readiness pending a plan for modernizing Defense Travel System \n(a) Limitation \nOf the funds authorized to be appropriated by this Act for fiscal year 2024 for travel for the office of the Under Secretary of Defense for Personnel and Readiness, not more than 85 percent may be obligated or expended until the Secretary of Defense submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives supporting justification material underpinning the decision to cease current modernization efforts for the Defense Travel System (DTS), and a plan going forward for modernizing or replacing such system (b) Contents \nThe justification material and plan described in subsection (a) shall include the following: (1) The documentation from the Milestone Decision Authority (MDA) justifying cancellation of the current modernization contract, including— (A) specific metrics used to make that determination; (B) a timeline for decisions leading to the final cancellation; (C) notification from the military departments when they were unable to make the desired usage rates using the current modernization prototype; (D) identification of system requirements for audit readiness, as well as interface needs for other enterprise resource planning systems, in the current modernization contract; and (E) alternatives considered prior to cancellation. (2) An assessment by the Cost Assessment of Program Evaluation office comparing— (A) costs of continuing with the current modernization prototype across the future years defense plan (FYDP); and (B) costs of sustainment of the Defense Travel System across the future years defense plan, factoring potential costs of restarting modernization efforts. (3) A description from the Milestone Decision Authority on what the current plan is for modernizing the Defense Travel System, including timelines and potential costs.", "id": "idF43D4A5D85BD4E13BF44EEE8C08C2DAF", "header": "Limitation on availability of funds for travel for office of Under Secretary of Defense for Personnel and Readiness pending a plan for modernizing Defense Travel System", "nested": [ { "text": "(a) Limitation \nOf the funds authorized to be appropriated by this Act for fiscal year 2024 for travel for the office of the Under Secretary of Defense for Personnel and Readiness, not more than 85 percent may be obligated or expended until the Secretary of Defense submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives supporting justification material underpinning the decision to cease current modernization efforts for the Defense Travel System (DTS), and a plan going forward for modernizing or replacing such system", "id": "idf50d752e9398445d854d7aa1804bae39", "header": "Limitation", "nested": [], "links": [] }, { "text": "(b) Contents \nThe justification material and plan described in subsection (a) shall include the following: (1) The documentation from the Milestone Decision Authority (MDA) justifying cancellation of the current modernization contract, including— (A) specific metrics used to make that determination; (B) a timeline for decisions leading to the final cancellation; (C) notification from the military departments when they were unable to make the desired usage rates using the current modernization prototype; (D) identification of system requirements for audit readiness, as well as interface needs for other enterprise resource planning systems, in the current modernization contract; and (E) alternatives considered prior to cancellation. (2) An assessment by the Cost Assessment of Program Evaluation office comparing— (A) costs of continuing with the current modernization prototype across the future years defense plan (FYDP); and (B) costs of sustainment of the Defense Travel System across the future years defense plan, factoring potential costs of restarting modernization efforts. (3) A description from the Milestone Decision Authority on what the current plan is for modernizing the Defense Travel System, including timelines and potential costs.", "id": "id7ee9d9b3a03643208e6a302d8a02b3c9", "header": "Contents", "nested": [], "links": [] } ], "links": [] }, { "text": "228. Annual report on unfunded priorities for research, development, test, and evaluation activities \n(a) In general \nChapter 9 of title 10, United States Code, is amended by inserting after section 222d the following new section: 222e. Unfunded priorities for research, development, test, and evaluation activities \n(a) Annual report \nNot later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on the unfunded priorities of the Department of Defense-wide research, development, test, and evaluation activities. (b) Contents \n(1) In general \nExcept as provided in subsection (c), each report submitted under subsection (a) shall specify, for each unfunded priority covered by such report, the following: (A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part). (B) The additional amount of funds recommended in connection with the objectives under subparagraph (A). (C) Account information with respect to such priority, including the following (as applicable): (i) Line Item Number (LIN) for applicable procurement accounts. (ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts. (2) Prioritization of priorities \nThe report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority. (c) Exclusion of priorities covered in other reports \nThe report submitted under subsection (a) shall not include unfunded priorities or requirements covered in reports submitted under— (1) section 222a or 222b; or (2) section 2806 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 222a note). (d) Form \nEach report submitted pursuant to subsection (a) shall be submitted in classified format, but the Secretary may also submit an unclassified version as the Secretary considers appropriate. (e) Unfunded priority defined \nIn this section, the term unfunded priority , in the case of a fiscal year, means a program, activity, or mission requirement, that— (1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; and (2) would have been recommended for funding through that budget if— (A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or (B) the program, activity, or mission requirement has emerged since the budget was formulated.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 222d the following new item: 222e. Annual report on unfunded priorities for research, development, test, and evaluation activities..", "id": "id1BAD44365CBF419CA7B4FC816DBEE487", "header": "Annual report on unfunded priorities for research, development, test, and evaluation activities", "nested": [ { "text": "(a) In general \nChapter 9 of title 10, United States Code, is amended by inserting after section 222d the following new section: 222e. Unfunded priorities for research, development, test, and evaluation activities \n(a) Annual report \nNot later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on the unfunded priorities of the Department of Defense-wide research, development, test, and evaluation activities. (b) Contents \n(1) In general \nExcept as provided in subsection (c), each report submitted under subsection (a) shall specify, for each unfunded priority covered by such report, the following: (A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part). (B) The additional amount of funds recommended in connection with the objectives under subparagraph (A). (C) Account information with respect to such priority, including the following (as applicable): (i) Line Item Number (LIN) for applicable procurement accounts. (ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts. (2) Prioritization of priorities \nThe report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority. (c) Exclusion of priorities covered in other reports \nThe report submitted under subsection (a) shall not include unfunded priorities or requirements covered in reports submitted under— (1) section 222a or 222b; or (2) section 2806 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 222a note). (d) Form \nEach report submitted pursuant to subsection (a) shall be submitted in classified format, but the Secretary may also submit an unclassified version as the Secretary considers appropriate. (e) Unfunded priority defined \nIn this section, the term unfunded priority , in the case of a fiscal year, means a program, activity, or mission requirement, that— (1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; and (2) would have been recommended for funding through that budget if— (A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or (B) the program, activity, or mission requirement has emerged since the budget was formulated..", "id": "id3de7c2888e5c4f77b6dcc9e82d3d408d", "header": "In general", "nested": [], "links": [ { "text": "Chapter 9", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/9" }, { "text": "section 222d", "legal-doc": "usc", "parsable-cite": "usc/10/222d" }, { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "10 U.S.C. 222a", "legal-doc": "usc", "parsable-cite": "usc/10/222a" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 222d the following new item: 222e. Annual report on unfunded priorities for research, development, test, and evaluation activities..", "id": "id4dda3c9bc6384c48845d219ba6dcdd34", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 9", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/9" }, { "text": "section 222d", "legal-doc": "usc", "parsable-cite": "usc/10/222d" }, { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "10 U.S.C. 222a", "legal-doc": "usc", "parsable-cite": "usc/10/222a" } ] }, { "text": "222e. Unfunded priorities for research, development, test, and evaluation activities \n(a) Annual report \nNot later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on the unfunded priorities of the Department of Defense-wide research, development, test, and evaluation activities. (b) Contents \n(1) In general \nExcept as provided in subsection (c), each report submitted under subsection (a) shall specify, for each unfunded priority covered by such report, the following: (A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part). (B) The additional amount of funds recommended in connection with the objectives under subparagraph (A). (C) Account information with respect to such priority, including the following (as applicable): (i) Line Item Number (LIN) for applicable procurement accounts. (ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts. (2) Prioritization of priorities \nThe report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority. (c) Exclusion of priorities covered in other reports \nThe report submitted under subsection (a) shall not include unfunded priorities or requirements covered in reports submitted under— (1) section 222a or 222b; or (2) section 2806 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 222a note). (d) Form \nEach report submitted pursuant to subsection (a) shall be submitted in classified format, but the Secretary may also submit an unclassified version as the Secretary considers appropriate. (e) Unfunded priority defined \nIn this section, the term unfunded priority , in the case of a fiscal year, means a program, activity, or mission requirement, that— (1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; and (2) would have been recommended for funding through that budget if— (A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or (B) the program, activity, or mission requirement has emerged since the budget was formulated.", "id": "idc1bd37cb30574f40849f7d659ef3537c", "header": "Unfunded priorities for research, development, test, and evaluation activities", "nested": [ { "text": "(a) Annual report \nNot later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on the unfunded priorities of the Department of Defense-wide research, development, test, and evaluation activities.", "id": "idc960d9ce19424361b82d8575a7472461", "header": "Annual report", "nested": [], "links": [] }, { "text": "(b) Contents \n(1) In general \nExcept as provided in subsection (c), each report submitted under subsection (a) shall specify, for each unfunded priority covered by such report, the following: (A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part). (B) The additional amount of funds recommended in connection with the objectives under subparagraph (A). (C) Account information with respect to such priority, including the following (as applicable): (i) Line Item Number (LIN) for applicable procurement accounts. (ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts. (2) Prioritization of priorities \nThe report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority.", "id": "id519a616f67ba4da9bfc30a607a27d6d4", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Exclusion of priorities covered in other reports \nThe report submitted under subsection (a) shall not include unfunded priorities or requirements covered in reports submitted under— (1) section 222a or 222b; or (2) section 2806 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 222a note).", "id": "ide5914d2724c442ccaa3f2d87adf7d9eb", "header": "Exclusion of priorities covered in other reports", "nested": [], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "10 U.S.C. 222a", "legal-doc": "usc", "parsable-cite": "usc/10/222a" } ] }, { "text": "(d) Form \nEach report submitted pursuant to subsection (a) shall be submitted in classified format, but the Secretary may also submit an unclassified version as the Secretary considers appropriate.", "id": "id193aac33495b4843ae032a5e5f7ea618", "header": "Form", "nested": [], "links": [] }, { "text": "(e) Unfunded priority defined \nIn this section, the term unfunded priority , in the case of a fiscal year, means a program, activity, or mission requirement, that— (1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; and (2) would have been recommended for funding through that budget if— (A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or (B) the program, activity, or mission requirement has emerged since the budget was formulated.", "id": "id00b6cf5d0a2f44ea99a89564a6f1893e", "header": "Unfunded priority defined", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "10 U.S.C. 222a", "legal-doc": "usc", "parsable-cite": "usc/10/222a" } ] }, { "text": "229. Establishment of technology transition program for strategic nuclear deterrence \n(a) In general \nThe Commander of Air Force Global Strike Command may, through the use of a partnership intermediary, establish a program— (1) to carry out technology transition, digital engineering projects, and other innovation activities supporting the Air Force nuclear enterprise; and (2) to discover capabilities that have the potential to generate life-cycle cost savings and provide data-driven approaches to resource allocation. (b) Termination \nThe program established under subsection (a) shall terminate on September 30, 2029. (c) Partnership intermediary defined \nThe term partnership intermediary has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3715(c) ).", "id": "id99cac3fd7e354aae8c3e67965916a46e", "header": "Establishment of technology transition program for strategic nuclear deterrence", "nested": [ { "text": "(a) In general \nThe Commander of Air Force Global Strike Command may, through the use of a partnership intermediary, establish a program— (1) to carry out technology transition, digital engineering projects, and other innovation activities supporting the Air Force nuclear enterprise; and (2) to discover capabilities that have the potential to generate life-cycle cost savings and provide data-driven approaches to resource allocation.", "id": "id90094239891744fb854cfc87ead0bc3c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Termination \nThe program established under subsection (a) shall terminate on September 30, 2029.", "id": "idfa8ab2e69bee4e289e0ef8b98670902b", "header": "Termination", "nested": [], "links": [] }, { "text": "(c) Partnership intermediary defined \nThe term partnership intermediary has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3715(c) ).", "id": "id9fbade0bc60f49828ea57e0704078d5d", "header": "Partnership intermediary defined", "nested": [], "links": [ { "text": "15 U.S.C. 3715(c)", "legal-doc": "usc", "parsable-cite": "usc/15/3715" } ] } ], "links": [ { "text": "15 U.S.C. 3715(c)", "legal-doc": "usc", "parsable-cite": "usc/15/3715" } ] }, { "text": "230. Review of artificial intelligence investment \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) review the current investment into applications of artificial intelligence to the platforms, processes, and operations of the Department of Defense; and (2) categorize the types of artificial intelligence investments by categories including but not limited to the following: (A) Automation. (B) Machine learning. (C) Autonomy. (D) Robotics. (E) Deep learning and neural network. (F) Natural language processing. (b) Report to Congress \nNot later than 120 days after the completion of the review and categorization required by subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on— (1) the findings of the Secretary with respect to the review and any action taken or proposed to be taken by the Secretary to address such findings; and (2) an evaluation of how the findings of the Secretary align with stated strategies of the Department of Defense with regard to artificial intelligence and performance objectives established in the Department of Defense Data, Analytics, and Artificial Intelligence Adoption Strategy.", "id": "id59F12C376F4C43F3B313DE2E899DF179", "header": "Review of artificial intelligence investment", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) review the current investment into applications of artificial intelligence to the platforms, processes, and operations of the Department of Defense; and (2) categorize the types of artificial intelligence investments by categories including but not limited to the following: (A) Automation. (B) Machine learning. (C) Autonomy. (D) Robotics. (E) Deep learning and neural network. (F) Natural language processing.", "id": "idead602094ddc443cba02fbdcd7df4764", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report to Congress \nNot later than 120 days after the completion of the review and categorization required by subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on— (1) the findings of the Secretary with respect to the review and any action taken or proposed to be taken by the Secretary to address such findings; and (2) an evaluation of how the findings of the Secretary align with stated strategies of the Department of Defense with regard to artificial intelligence and performance objectives established in the Department of Defense Data, Analytics, and Artificial Intelligence Adoption Strategy.", "id": "id4a5cb663bfbe4d83a8454f9c6684bb73", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "301. Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.", "id": "id63E24F40424846F3945547DFF229D637", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "311. Requirement for approval by Under Secretary of Defense for Acquisition and Sustainment of any waiver for a system that does not meet fuel efficiency key performance parameter \nSection 332(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 2911 note) is amended— (1) by striking The Secretary of Defense and inserting the following: (1) In general \nThe Secretary of Defense ; and (2) by adding at the end the following new paragraph: (2) Waiver of fuel efficiency key performance parameter \n(A) In general \nThe fuel efficiency key performance parameter implemented under paragraph (1) may be waived for a system only if such waiver is approved by the Under Secretary of Defense for Acquisition and Sustainment. (B) Nondelegation \nThe waiver authority under subparagraph (A) may not be delegated..", "id": "id4cbda1ea9827406ab2a8173f8a10bdf9", "header": "Requirement for approval by Under Secretary of Defense for Acquisition and Sustainment of any waiver for a system that does not meet fuel efficiency key performance parameter", "nested": [], "links": [ { "text": "Public Law 110–417", "legal-doc": "public-law", "parsable-cite": "pl/110/417" }, { "text": "10 U.S.C. 2911", "legal-doc": "usc", "parsable-cite": "usc/10/2911" } ] }, { "text": "312. Improvement and codification of Sentinel Landscapes Partnership program authority \n(a) Codification of existing statute \nSection 317 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note) is amended— (1) by transferring such section to appear after section 2692 of title 10, United States Code; (2) by redesignating such section as section 2693; and (3) by amending the section heading to read as follows: 2693. Sentinel Landscapes Partnership \n. (b) Improvements to Sentinel Landscapes Partnership program \nSection 2693 of title 10, United States Code, as transferred and redesignated by subsection (a), is further amended— (1) in subsection (a), by striking and the Secretary of the Interior and inserting , the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners ; (2) in subsection (b), by striking and the Secretary of the Interior, may, as the Secretaries and inserting the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners may, as they ; (3) by amending subsection (c) to read as follows: (c) Coordination of activities \nThe Secretaries and the heads of Federal departments and agencies, in carrying out this section, may coordinate actions between their departments and agencies and with other Federal, State, interstate, and local agencies, Indian Tribes, and private entities to more efficiently work together for the mutual benefit of conservation, resilience, working lands, and national defense, and to encourage owners and managers of land to engage in voluntary land management, resilience, and conservation activities that contribute to the sustainment of military installations, State-owned National Guard installations, and associated airspace. ; (4) in subsection (d)— (A) by striking the first sentence and inserting The Secretaries and the heads of Federal departments and agencies, in carrying out this section, may give to any eligible owner or manager of land within a designated sentinel landscape priority consideration for participation in any easement, grant, or assistance programs administered by that Secretary or head. ; and (B) in the second sentence, by striking eligible landowner or agricultural producer and inserting eligible owner or manager of land ; and (5) by redesignating subsection (f) as subsection (g); (6) by inserting after subsection (e) the following new subsection (f): (f) Rule of construction \nNothing in this section may be construed to require an owner or manager of land, including a private landowner or agricultural producer, to participate in any land management, resilience, or conservation activity under this section. ; (7) in subsection (g), as redesigned by paragraph (5)— (A) in paragraph (1), by striking section 670(1) of title 16, United States Code and inserting section 100(1) of the Sikes Act ( 16 U.S.C. 670(1) ) ; (B) in paragraph (2), by striking section 670(3) of title 16, United States Code and inserting section 100(3) of the Sikes Act ( 16 U.S.C. 670(3) ) ; and (C) in paragraph (3), by amending subparagraph (B) to read as follows: (B) the publicly and privately owned lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense missions of a military installation or State-owned National Guard installation.. (c) Clerical amendment \nThe table of sections at the beginning of chapter 159 of title 10, United States Code, is amended by inserting after the item relating to section 2692 the following new item: 2693. Sentinel Landscapes Partnership..", "id": "id73f92a9567654b6b9f570814a224a469", "header": "Improvement and codification of Sentinel Landscapes Partnership program authority", "nested": [ { "text": "(a) Codification of existing statute \nSection 317 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note) is amended— (1) by transferring such section to appear after section 2692 of title 10, United States Code; (2) by redesignating such section as section 2693; and (3) by amending the section heading to read as follows: 2693. Sentinel Landscapes Partnership \n.", "id": "id37d444ea78a64876b79dd00e20b57331", "header": "Codification of existing statute", "nested": [], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "10 U.S.C. 2684a", "legal-doc": "usc", "parsable-cite": "usc/10/2684a" } ] }, { "text": "(b) Improvements to Sentinel Landscapes Partnership program \nSection 2693 of title 10, United States Code, as transferred and redesignated by subsection (a), is further amended— (1) in subsection (a), by striking and the Secretary of the Interior and inserting , the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners ; (2) in subsection (b), by striking and the Secretary of the Interior, may, as the Secretaries and inserting the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners may, as they ; (3) by amending subsection (c) to read as follows: (c) Coordination of activities \nThe Secretaries and the heads of Federal departments and agencies, in carrying out this section, may coordinate actions between their departments and agencies and with other Federal, State, interstate, and local agencies, Indian Tribes, and private entities to more efficiently work together for the mutual benefit of conservation, resilience, working lands, and national defense, and to encourage owners and managers of land to engage in voluntary land management, resilience, and conservation activities that contribute to the sustainment of military installations, State-owned National Guard installations, and associated airspace. ; (4) in subsection (d)— (A) by striking the first sentence and inserting The Secretaries and the heads of Federal departments and agencies, in carrying out this section, may give to any eligible owner or manager of land within a designated sentinel landscape priority consideration for participation in any easement, grant, or assistance programs administered by that Secretary or head. ; and (B) in the second sentence, by striking eligible landowner or agricultural producer and inserting eligible owner or manager of land ; and (5) by redesignating subsection (f) as subsection (g); (6) by inserting after subsection (e) the following new subsection (f): (f) Rule of construction \nNothing in this section may be construed to require an owner or manager of land, including a private landowner or agricultural producer, to participate in any land management, resilience, or conservation activity under this section. ; (7) in subsection (g), as redesigned by paragraph (5)— (A) in paragraph (1), by striking section 670(1) of title 16, United States Code and inserting section 100(1) of the Sikes Act ( 16 U.S.C. 670(1) ) ; (B) in paragraph (2), by striking section 670(3) of title 16, United States Code and inserting section 100(3) of the Sikes Act ( 16 U.S.C. 670(3) ) ; and (C) in paragraph (3), by amending subparagraph (B) to read as follows: (B) the publicly and privately owned lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense missions of a military installation or State-owned National Guard installation..", "id": "id62977fe782b74bbebd56610e9cf25f75", "header": "Improvements to Sentinel Landscapes Partnership program", "nested": [], "links": [ { "text": "16 U.S.C. 670(1)", "legal-doc": "usc", "parsable-cite": "usc/16/670" }, { "text": "16 U.S.C. 670(3)", "legal-doc": "usc", "parsable-cite": "usc/16/670" } ] }, { "text": "(c) Clerical amendment \nThe table of sections at the beginning of chapter 159 of title 10, United States Code, is amended by inserting after the item relating to section 2692 the following new item: 2693. Sentinel Landscapes Partnership..", "id": "id0eb1a28064d84aaa924da375b8fbfeba", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 159", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/159" }, { "text": "section 2692", "legal-doc": "usc", "parsable-cite": "usc/10/2692" } ] } ], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "10 U.S.C. 2684a", "legal-doc": "usc", "parsable-cite": "usc/10/2684a" }, { "text": "16 U.S.C. 670(1)", "legal-doc": "usc", "parsable-cite": "usc/16/670" }, { "text": "16 U.S.C. 670(3)", "legal-doc": "usc", "parsable-cite": "usc/16/670" }, { "text": "chapter 159", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/159" }, { "text": "section 2692", "legal-doc": "usc", "parsable-cite": "usc/10/2692" } ] }, { "text": "2693. Sentinel Landscapes Partnership", "id": "id57f310648d814c71a87ea911921faaab", "header": "Sentinel Landscapes Partnership", "nested": [], "links": [] }, { "text": "313. Modification of definition of sustainable aviation fuel for purpose of pilot program on use of such fuel \nSection 324(g) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended— (1) by striking paragraph (2); (2) by redesignating paragraph (1) as paragraph (2); (3) by inserting before paragraph (2), as redesignated by paragraph (2) of this section, the following new paragraph: (1) The term applicable material means— (A) monoglycerides, diglycerides, and triglycerides; (B) free fatty acids; or (C) fatty acid esters. ; and (4) by adding at the end the following new paragraphs: (3) The term biomass has the meaning given that term in section 45K(c)(3) of the Internal Revenue Code of 1986. (4) The term lifecycle greenhouse gas emissions reduction percentage means, with respect to any sustainable aviation fuel, the percentage reduction in lifecycle greenhouse gas emissions achieved by such fuel as compared with petroleum-based aviation fuel, as determined in accordance with— (A) the most recent Carbon Offsetting and Reduction Scheme for International Aviation that has been adopted, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 , by the International Civil Aviation Organization with the agreement of the United States; or (B) the most recent determinations, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 , under the Greenhouse gases, Regulated Emissions, and Energy use in Transportation (GREET) model developed by Argonne National Laboratory. (5) The term sustainable aviation fuel means liquid fuel, the portion of which is not kerosene, that— (A) meets the requirements of— (i) ASTM International Standard D7566; or (ii) the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1; (B) is not derived from coprocessing an applicable material (or materials derived from an applicable material) with a feedstock that is not biomass; (C) is not derived from palm fatty acid distillates or petroleum; and (D) has been certified pursuant to a scheme or model under paragraph (4) as having a lifecycle greenhouse gas emissions reduction percentage of not less than 50 percent..", "id": "id52485f8fdae84187bfc748d435bfb629", "header": "Modification of definition of sustainable aviation fuel for purpose of pilot program on use of such fuel", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "section 45K(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/45K" } ] }, { "text": "314. Payment to Environmental Protection Agency of stipulated penalties in connection with Naval Air Station Moffett Field, California \n(a) Authority to transfer funds \n(1) Transfer amount \n(A) In general \nThe Secretary of the Navy may transfer an amount not to exceed $438,250 to the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986, in accordance with section 2703(f) of title 10, United States Code. (B) Inapplicability of limitation \nAny transfer under subparagraph (A) shall be made without regard to section 2215 of title 10, United States Code. (2) Source of funds \nAny transfer under paragraph (1)(A) shall be made using funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Department of Defense Base Closure Account established under section 2906(a) of the Defense Base Closure and Realignment Act of 1990 ( Public Law 101–510 ; 10 U.S.C. 2687 note). (b) Purpose of transfer \nAny transfer under subsection (a)(1)(A) shall be for the purpose of satisfying a stipulated penalty assessed by the Environmental Protection Agency on May 4, 2018, regarding former Naval Air Station, Moffett Field, California, under the Federal Facility Agreement for Naval Air Station, Moffett Field, which was entered into between the Navy and the Environmental Protection Agency in 1990 pursuant to section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620 ). (c) Acceptance of payment \nIf the Secretary of the Navy makes a transfer under subsection (a)(1)(A), the Administrator of the Environmental Protection Agency shall accept the amount transferred as payment in full of the penalty described in subsection (b).", "id": "idc9ae82196b0844d8ae49355d2cba50a1", "header": "Payment to Environmental Protection Agency of stipulated penalties in connection with Naval Air Station Moffett Field, California", "nested": [ { "text": "(a) Authority to transfer funds \n(1) Transfer amount \n(A) In general \nThe Secretary of the Navy may transfer an amount not to exceed $438,250 to the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986, in accordance with section 2703(f) of title 10, United States Code. (B) Inapplicability of limitation \nAny transfer under subparagraph (A) shall be made without regard to section 2215 of title 10, United States Code. (2) Source of funds \nAny transfer under paragraph (1)(A) shall be made using funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Department of Defense Base Closure Account established under section 2906(a) of the Defense Base Closure and Realignment Act of 1990 ( Public Law 101–510 ; 10 U.S.C. 2687 note).", "id": "idb669356b2c0f454385bfb20d479bf414", "header": "Authority to transfer funds", "nested": [], "links": [ { "text": "section 9507", "legal-doc": "usc", "parsable-cite": "usc/26/9507" }, { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" } ] }, { "text": "(b) Purpose of transfer \nAny transfer under subsection (a)(1)(A) shall be for the purpose of satisfying a stipulated penalty assessed by the Environmental Protection Agency on May 4, 2018, regarding former Naval Air Station, Moffett Field, California, under the Federal Facility Agreement for Naval Air Station, Moffett Field, which was entered into between the Navy and the Environmental Protection Agency in 1990 pursuant to section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620 ).", "id": "id33600f51778b43de9fda90efb249e557", "header": "Purpose of transfer", "nested": [], "links": [ { "text": "42 U.S.C. 9620", "legal-doc": "usc", "parsable-cite": "usc/42/9620" } ] }, { "text": "(c) Acceptance of payment \nIf the Secretary of the Navy makes a transfer under subsection (a)(1)(A), the Administrator of the Environmental Protection Agency shall accept the amount transferred as payment in full of the penalty described in subsection (b).", "id": "id8d117c27986f426ab7dd0a76dd2aceb6", "header": "Acceptance of payment", "nested": [], "links": [] } ], "links": [ { "text": "section 9507", "legal-doc": "usc", "parsable-cite": "usc/26/9507" }, { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" }, { "text": "42 U.S.C. 9620", "legal-doc": "usc", "parsable-cite": "usc/42/9620" } ] }, { "text": "315. Technical assistance for communities and individuals potentially affected by releases at current and former Department of Defense facilities \n(a) Technical assistance for navigation of response actions \n(1) In general \nBeginning not later than 180 days after the date of the enactment of this Act, and subject to such amounts as are provided in appropriations Acts, the Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, shall furnish technical assistance services described in paragraph (3) through the Technical Assistance for Public Participation (TAPP) Program of the Department of Defense to communities, or individuals who are members thereof, that have been affected by a release of a pollutant affirmatively determined to have originated from a facility under the jurisdiction of, or formerly used by or under the jurisdiction of, the Department. (2) Implementation \nThe Secretary, acting through the Director of the Office of Local Defense Community Cooperation, may furnish technical assistance services pursuant to paragraph (1) through a Federal interagency agreement, a private service provider, or a cooperative agreement entered into with a nonprofit organization. (3) Services provided \nThe technical assistance services described in this paragraph are services to improve public participation in, or assist in the navigation of, environmental response efforts, including— (A) the provision of advice and guidance to a community or individual specified in paragraph (1) regarding additional technical assistance with respect to which such community or individual may be eligible (including pursuant to subsection (b)); (B) the interpretation of site-related documents; (C) the interpretation of health-related information; (D) assistance with the preparation of public comments; and (E) the development of outreach materials to improve public participation. (b) Grants for technical assistance \n(1) Authority \nBeginning not later than 180 days after the date of the enactment of this Act, and subject to such amounts as are provided in appropriations Acts, the Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, shall administer a grant program under which the Director may award a grant to a community, or individuals who are members thereof, that have been affected by a release of a pollutant affirmatively determined to have originated from a facility under the jurisdiction of, or formerly used by or under the jurisdiction of, the Department of Defense. (2) Use of amounts \nFunds provided under a grant awarded pursuant to paragraph (1) in connection with a release of a pollutant at a facility may be used by the grant recipient only to obtain technical assistance and services for public participation in various stages of the processes of response, remediation, and removal actions at the facility, including— (A) interpreting the nature of the release, including monitoring and testing plans and reports associated with site assessment and characterization at the facility; (B) interpreting documents, plans, proposed actions, and final decisions related to— (i) an interim remedial action; (ii) a remedial investigation or feasibility study; (iii) a record of decision; (iv) a remedial design; (v) the selection and construction of remedial action; (vi) operation and maintenance; and (vii) a five-year review at the facility. (C) a removal action at such facility; and (D) services specified under subsection (a)(3). (c) Prohibition on use of amounts \nNone of the amounts made available under this section may be used for the purpose of conducting— (1) lobbying activities; or (2) legal challenges of final decisions of the Department of Defense.", "id": "id9ad7366b515f4b56905dea580f5a23dc", "header": "Technical assistance for communities and individuals potentially affected by releases at current and former Department of Defense facilities", "nested": [ { "text": "(a) Technical assistance for navigation of response actions \n(1) In general \nBeginning not later than 180 days after the date of the enactment of this Act, and subject to such amounts as are provided in appropriations Acts, the Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, shall furnish technical assistance services described in paragraph (3) through the Technical Assistance for Public Participation (TAPP) Program of the Department of Defense to communities, or individuals who are members thereof, that have been affected by a release of a pollutant affirmatively determined to have originated from a facility under the jurisdiction of, or formerly used by or under the jurisdiction of, the Department. (2) Implementation \nThe Secretary, acting through the Director of the Office of Local Defense Community Cooperation, may furnish technical assistance services pursuant to paragraph (1) through a Federal interagency agreement, a private service provider, or a cooperative agreement entered into with a nonprofit organization. (3) Services provided \nThe technical assistance services described in this paragraph are services to improve public participation in, or assist in the navigation of, environmental response efforts, including— (A) the provision of advice and guidance to a community or individual specified in paragraph (1) regarding additional technical assistance with respect to which such community or individual may be eligible (including pursuant to subsection (b)); (B) the interpretation of site-related documents; (C) the interpretation of health-related information; (D) assistance with the preparation of public comments; and (E) the development of outreach materials to improve public participation.", "id": "id1957E266B287496C9306DF1E3474FF3A", "header": "Technical assistance for navigation of response actions", "nested": [], "links": [] }, { "text": "(b) Grants for technical assistance \n(1) Authority \nBeginning not later than 180 days after the date of the enactment of this Act, and subject to such amounts as are provided in appropriations Acts, the Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, shall administer a grant program under which the Director may award a grant to a community, or individuals who are members thereof, that have been affected by a release of a pollutant affirmatively determined to have originated from a facility under the jurisdiction of, or formerly used by or under the jurisdiction of, the Department of Defense. (2) Use of amounts \nFunds provided under a grant awarded pursuant to paragraph (1) in connection with a release of a pollutant at a facility may be used by the grant recipient only to obtain technical assistance and services for public participation in various stages of the processes of response, remediation, and removal actions at the facility, including— (A) interpreting the nature of the release, including monitoring and testing plans and reports associated with site assessment and characterization at the facility; (B) interpreting documents, plans, proposed actions, and final decisions related to— (i) an interim remedial action; (ii) a remedial investigation or feasibility study; (iii) a record of decision; (iv) a remedial design; (v) the selection and construction of remedial action; (vi) operation and maintenance; and (vii) a five-year review at the facility. (C) a removal action at such facility; and (D) services specified under subsection (a)(3).", "id": "id83ee01831572480389c9c599ff5b2ce8", "header": "Grants for technical assistance", "nested": [], "links": [] }, { "text": "(c) Prohibition on use of amounts \nNone of the amounts made available under this section may be used for the purpose of conducting— (1) lobbying activities; or (2) legal challenges of final decisions of the Department of Defense.", "id": "idadf2cd00707c42c288ffdbbc0a6b5aa5", "header": "Prohibition on use of amounts", "nested": [], "links": [] } ], "links": [] }, { "text": "321. Treatment of certain materials contaminated with perfluoroalkyl substances or polyfluoroalkyl substances \n(a) In general \nThe Secretary of Defense may treat covered materials, including soils that have been contaminated with PFAS, until the date on which the Secretary adopts the final rule required under section 343(b) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 2701 note) if the treatment of such materials occurs through the use of remediation or disposal technology approved by the relevant Federal regulatory agency. (b) Definitions \nIn this section, the terms covered material and PFAS have the meanings given those terms in section 343(e) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 2701 note).", "id": "idadd3e6c040cf4e33b4dfb9f126a9d103", "header": "Treatment of certain materials contaminated with perfluoroalkyl substances or polyfluoroalkyl substances", "nested": [ { "text": "(a) In general \nThe Secretary of Defense may treat covered materials, including soils that have been contaminated with PFAS, until the date on which the Secretary adopts the final rule required under section 343(b) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 2701 note) if the treatment of such materials occurs through the use of remediation or disposal technology approved by the relevant Federal regulatory agency.", "id": "idab5fec7c3dec46469d986df1cc892ed3", "header": "In general", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 2701", "legal-doc": "usc", "parsable-cite": "usc/10/2701" } ] }, { "text": "(b) Definitions \nIn this section, the terms covered material and PFAS have the meanings given those terms in section 343(e) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 2701 note).", "id": "id6a2a31b9293a4602a23e0c1e10b7be33", "header": "Definitions", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 2701", "legal-doc": "usc", "parsable-cite": "usc/10/2701" } ] } ], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 2701", "legal-doc": "usc", "parsable-cite": "usc/10/2701" }, { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 2701", "legal-doc": "usc", "parsable-cite": "usc/10/2701" } ] }, { "text": "322. Increase of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry \nSection 316(a)(2)(B) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1713), section 321 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1307), section 337 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3533), section 342 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1643), and section 342 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is further amended by adding at the end the following new clause: (iv) Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $5,000,000 during fiscal year 2024 to the Secretary of Health and Human Services to pay for the study and assessment required by this section..", "id": "idb12fc33340de49e1b86df0e82d89862a", "header": "Increase of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry", "nested": [], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "323. Modification of authority for environmental restoration projects at National Guard facilities \n(a) Clarification of definition of National Guard facilities \nParagraph (4) of section 2700 of title 10, United States Code, is amended— (1) by striking State-owned ; (2) by striking owned and operated by a State when such land is ; and (3) by striking even though such land is not under the jurisdiction of the Department of Defense. and inserting without regard to— (A) the owner or operator of the facility; or (B) whether the facility is under the jurisdiction of the Department of Defense or a military department.. (b) Inclusion under Defense Environmental Restoration Program \nSection 2701(a)(1) of such title is amended by striking State-owned. (c) Response actions at National Guard facilities \nSection 2701(c)(1)(D) of such title is amended by striking State-owned. (d) Services of other entities \nSection 2701(d)(1) of such title is amended, in the second sentence, by inserting or at a National Guard facility before the period at the end. (e) Environmental restoration accounts \nSection 2703(g)(1) of such title is amended by inserting , a National Guard facility, after Department of Defense. (f) Technical and conforming amendments \n(1) Repeal \nSection 2707 of such title is amended by striking subsection (e). (2) Reference update \nSection 345(f)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 2715 note) is amended by striking facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code and inserting National Guard facility, as such term is defined in section 2700 of title 10, United States Code.", "id": "id32106c4bf57f4d28afb4765d4424e118", "header": "Modification of authority for environmental restoration projects at National Guard facilities", "nested": [ { "text": "(a) Clarification of definition of National Guard facilities \nParagraph (4) of section 2700 of title 10, United States Code, is amended— (1) by striking State-owned ; (2) by striking owned and operated by a State when such land is ; and (3) by striking even though such land is not under the jurisdiction of the Department of Defense. and inserting without regard to— (A) the owner or operator of the facility; or (B) whether the facility is under the jurisdiction of the Department of Defense or a military department..", "id": "idd13645eca2d84cf3a3f7a126873a152a", "header": "Clarification of definition of National Guard facilities", "nested": [], "links": [] }, { "text": "(b) Inclusion under Defense Environmental Restoration Program \nSection 2701(a)(1) of such title is amended by striking State-owned.", "id": "ida676d77e6d0f41eebb44f5f30d40f79b", "header": "Inclusion under Defense Environmental Restoration Program", "nested": [], "links": [] }, { "text": "(c) Response actions at National Guard facilities \nSection 2701(c)(1)(D) of such title is amended by striking State-owned.", "id": "id1366f4ed57cf4853a5b84f73669fb7c2", "header": "Response actions at National Guard facilities", "nested": [], "links": [] }, { "text": "(d) Services of other entities \nSection 2701(d)(1) of such title is amended, in the second sentence, by inserting or at a National Guard facility before the period at the end.", "id": "ida4d0753d92d74a32b3c7d450cf1670e0", "header": "Services of other entities", "nested": [], "links": [] }, { "text": "(e) Environmental restoration accounts \nSection 2703(g)(1) of such title is amended by inserting , a National Guard facility, after Department of Defense.", "id": "id1756a25da35d402d9be8aeead7d07fa0", "header": "Environmental restoration accounts", "nested": [], "links": [] }, { "text": "(f) Technical and conforming amendments \n(1) Repeal \nSection 2707 of such title is amended by striking subsection (e). (2) Reference update \nSection 345(f)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 2715 note) is amended by striking facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code and inserting National Guard facility, as such term is defined in section 2700 of title 10, United States Code.", "id": "id53bd476c4e5f4a74a3defb58096ed9fe", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 2715", "legal-doc": "usc", "parsable-cite": "usc/10/2715" } ] } ], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 2715", "legal-doc": "usc", "parsable-cite": "usc/10/2715" } ] }, { "text": "324. Limitation on availability of travel funds until submittal of plan for restoring data sharing on testing of water for perfluoroalkyl or polyfluoroalkyl substances \n(a) In general \nOf the funds authorized to be appropriated by this Act for operation and maintenance, defense-wide, for travel for the Office of the Under Secretary of Defense for Acquisition and Sustainment, not more than 85 percent may be obligated or expended until the Under Secretary of Defense for Acquisition and Sustainment submits to the congressional defense committees a plan to restore data sharing pertaining to the testing of water for perfluoroalkyl or polyfluoroalkyl substances, as required under section 345 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 2715 note), which shall include the following: (1) A plan to restore data sharing with each relevant State agency tasked with regulation of environmental contamination by perfluoroalkyl or polyfluoroalkyl substances in each State or territory of the United States. (2) A plan to restore data sharing with restoration advisory boards established under section 2705(d) of title 10, United States Code. (3) Information on the geographic specificity of the data to be provided under paragraphs (1) and (2) and a timeline for the implementation of the plans under such paragraphs. (b) Inability to meet transparency requirements \nIf the Under Secretary of Defense for Acquisition and Sustainment determines that they are unable to meet the requirements under subsection (a), the Under Secretary shall brief the congressional defense committees on the rationale for why the restoration of data sharing required under such subsection is not possible, including a description of any legislative action required to restore such data sharing.", "id": "id389888113f0b455dad03fa144e00cdc0", "header": "Limitation on availability of travel funds until submittal of plan for restoring data sharing on testing of water for perfluoroalkyl or polyfluoroalkyl substances", "nested": [ { "text": "(a) In general \nOf the funds authorized to be appropriated by this Act for operation and maintenance, defense-wide, for travel for the Office of the Under Secretary of Defense for Acquisition and Sustainment, not more than 85 percent may be obligated or expended until the Under Secretary of Defense for Acquisition and Sustainment submits to the congressional defense committees a plan to restore data sharing pertaining to the testing of water for perfluoroalkyl or polyfluoroalkyl substances, as required under section 345 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 2715 note), which shall include the following: (1) A plan to restore data sharing with each relevant State agency tasked with regulation of environmental contamination by perfluoroalkyl or polyfluoroalkyl substances in each State or territory of the United States. (2) A plan to restore data sharing with restoration advisory boards established under section 2705(d) of title 10, United States Code. (3) Information on the geographic specificity of the data to be provided under paragraphs (1) and (2) and a timeline for the implementation of the plans under such paragraphs.", "id": "id446323f549d24ec0ab2e7e8ba0e224e5", "header": "In general", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 2715", "legal-doc": "usc", "parsable-cite": "usc/10/2715" } ] }, { "text": "(b) Inability to meet transparency requirements \nIf the Under Secretary of Defense for Acquisition and Sustainment determines that they are unable to meet the requirements under subsection (a), the Under Secretary shall brief the congressional defense committees on the rationale for why the restoration of data sharing required under such subsection is not possible, including a description of any legislative action required to restore such data sharing.", "id": "id781cbe160d764e14972d2bee40f83884", "header": "Inability to meet transparency requirements", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 2715", "legal-doc": "usc", "parsable-cite": "usc/10/2715" } ] }, { "text": "325. Dashboard of funding relating to perfluoroalkyl substances and polyfluoroalkyl substances \nThe Secretary of Defense shall include with the submission to Congress by the President of the annual budget of the Department of Defense for a fiscal year under section 1105(a) of title 31, United States Code, a separate budget justification document that consolidates all information pertaining to activities of the Department of Defense relating to perfluoroalkyl substances and polyfluoroalkyl substances, including funding for and descriptions of— (1) research and development efforts; (2) testing; (3) remediation; (4) contaminant disposal; and (5) community outreach.", "id": "id7706f943424e4e03af976ee343a67bf5", "header": "Dashboard of funding relating to perfluoroalkyl substances and polyfluoroalkyl substances", "nested": [], "links": [] }, { "text": "326. Report on schedule and cost estimates for completion of testing and remediation of contaminated sites and publication of cleanup information \n(a) Report \n(1) In general \nNot later than 270 days after the date of the enactment of this Act, and once every two years thereafter through December 31, 2029, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing— (A) a proposed schedule for the completion of testing and remediation activities, including remediation of perfluoroalkyl substances and polyfluoroalkyl substances, at military installations, facilities of the National Guard, and formerly used defense sites in the United States where the Secretary obligated funding for environmental restoration activities in fiscal year 2022; (B) detailed cost estimates to complete such activities, if such estimates are available; and (C) if such estimates are not available, estimated costs to complete such activities based on historical costs of remediation for— (i) sites remediated under the Defense Environmental Restoration Program under section 2701 of title 10, United States Code; (ii) other Federally-funded sites; or (iii) privately-funded sites. (2) Inclusion of remedial investigations and feasibility studies \nThe schedule and cost estimates required under paragraph (1) shall include a schedule and estimated costs for the completion of remedial investigations and feasibility studies at all sites covered under such paragraph for which such investigations and studies are anticipated or planned. (3) Military installation defined \nIn this subsection, the term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (b) Publication of information \nBeginning not later than one year after the date of the enactment of this Act, the Secretary of Defense shall publish on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2701 note) timely and regularly updated information on the status of cleanup at sites for which the Secretary has obligated amounts for environmental restoration activities.", "id": "id057ef9d91fa04663aa5d208173606883", "header": "Report on schedule and cost estimates for completion of testing and remediation of contaminated sites and publication of cleanup information", "nested": [ { "text": "(a) Report \n(1) In general \nNot later than 270 days after the date of the enactment of this Act, and once every two years thereafter through December 31, 2029, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing— (A) a proposed schedule for the completion of testing and remediation activities, including remediation of perfluoroalkyl substances and polyfluoroalkyl substances, at military installations, facilities of the National Guard, and formerly used defense sites in the United States where the Secretary obligated funding for environmental restoration activities in fiscal year 2022; (B) detailed cost estimates to complete such activities, if such estimates are available; and (C) if such estimates are not available, estimated costs to complete such activities based on historical costs of remediation for— (i) sites remediated under the Defense Environmental Restoration Program under section 2701 of title 10, United States Code; (ii) other Federally-funded sites; or (iii) privately-funded sites. (2) Inclusion of remedial investigations and feasibility studies \nThe schedule and cost estimates required under paragraph (1) shall include a schedule and estimated costs for the completion of remedial investigations and feasibility studies at all sites covered under such paragraph for which such investigations and studies are anticipated or planned. (3) Military installation defined \nIn this subsection, the term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code.", "id": "id85ea270e38a3428d884f1e65ed8a4609", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Publication of information \nBeginning not later than one year after the date of the enactment of this Act, the Secretary of Defense shall publish on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2701 note) timely and regularly updated information on the status of cleanup at sites for which the Secretary has obligated amounts for environmental restoration activities.", "id": "id178dfb9932a645b0bb0371b691832250", "header": "Publication of information", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "10 U.S.C. 2701", "legal-doc": "usc", "parsable-cite": "usc/10/2701" } ] } ], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "10 U.S.C. 2701", "legal-doc": "usc", "parsable-cite": "usc/10/2701" } ] }, { "text": "327. Modification of timing of report on activities of PFAS Task Force \nSection 2714(f) of title 10, United States Code, is amended by striking and quarterly thereafter, and inserting and annually thereafter through 2029,.", "id": "idc52eb476e5484360a7ad1153c5921d87", "header": "Modification of timing of report on activities of PFAS Task Force", "nested": [], "links": [] }, { "text": "328. Government Accountability Office report on testing and remediation of perfluoroalkyl substances and polyfluoroalkyl substances \nNot later than one year after the date of the enactment of this Act, and not later than five years thereafter, the Comptroller General of the United States shall submit to the congressional defense committees a report assessing the state of ongoing testing and remediation by the Department of Defense of current or former military installations contaminated with perfluoroalkyl substances or polyfluoroalkyl substances, including— (1) assessments of the thoroughness, pace, and cost-effectiveness of efforts of the Department to conduct testing and remediation relating to those substances; (2) recommendations to improve those efforts; and (3) such other matters as the Comptroller General determines appropriate.", "id": "id4178a556631140a081f18e941392a6dc", "header": "Government Accountability Office report on testing and remediation of perfluoroalkyl substances and polyfluoroalkyl substances", "nested": [], "links": [] }, { "text": "331. Assuring Critical Infrastructure Support for Military Contingencies Pilot Program \n(a) Establishment of pilot program \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to be known as the Assuring Critical Infrastructure Support for Military Contingencies Pilot Program. (b) Selection of installations \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall select not fewer than four geographically diverse military installations at which to carry out the pilot program under subsection (a). (2) Prioritization \n(A) In general \nIn selecting military installations under paragraph (1), the Secretary of Defense shall give priority to any military installation that is a key component of not fewer than two Contingency Plans (CONPLANs) or Operational Plans (OPLANs), with priority given to such plans in the area of responsibility of the United States Indo-Pacific Command or the United States European Command. (B) Additional priority \nIf two or more military installations are given equal priority under subparagraph (A), priority for selection under paragraph (1) shall be given to the military installations that are— (i) connected to national-level infrastructure; (ii) located near a commercial port; or (iii) located near a national financial hub. (c) Activities \nIn carrying out the pilot program under subsection (a), the Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall— (1) without duplicating or disrupting existing cyber exercise activities under the National Cyber Exercise Program under section 2220B of the Homeland Security Act of 2002 ( 6 U.S.C. 665h ), conduct cyber resiliency and reconstitution stress test scenarios through tabletop exercises and, if possible, live exercises— (A) to assess how to prioritize restoration of power, water, and telecommunications for a military installation in the event of a significant cyberattack on regional critical infrastructure that has similar impacts on State and local infrastructure; and (B) to determine the recovery process needed to ensure the military installation can function and support an overseas contingency operation or a homeland defense mission, as appropriate; (2) map dependencies of power, water, and telecommunications at the military installation and the connections to distribution and generation outside the military installation; (3) recommend priorities for the order of recovery for the military installation in the event of a significant cyberattack, considering both the requirements needed for operations of the military installation and the potential participation of personnel at the military installation in an overseas contingency operation or a homeland defense mission; and (4) create a lessons-learned database from the exercises conducted under paragraph (1) across all installations participating in the pilot program to share with the appropriate committees of Congress. (d) Coordination with related programs \nThe Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall ensure that activities under subsection (c) are coordinated with— (1) private entities that operate power, water, and telecommunications for a military installation participating in the pilot program under subsection (a); (2) relevant military and civilian personnel; and (3) any other entity that the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs determines is relevant to the execution of activities under subsection (c). (e) Report \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Assistant to the President for Homeland Security, the National Cyber Director, the head of any other relevant Sector Risk Management Agency, the Committees on Armed Services of the Senate and the House of Representatives, and, if appropriate, relevant private sector owners and operators of critical infrastructure a report on the activities carried out under pilot program under subsection (a), including a description of any operational challenges identified. (f) Definitions \nIn this section: (1) Critical infrastructure \nThe term critical infrastructure has the meaning given that term in the Critical Infrastructures Protection Act of 2001 ( 42 U.S.C. 5195c ). (2) Sector Risk Management Agency \nThe term Sector Risk Management Agency has the meaning given that term in section 2200 of the Homeland Security Act of 2002 ( 6 U.S.C. 650 ).", "id": "id0f71ffacf2684871855b1482e9a8358a", "header": "Assuring Critical Infrastructure Support for Military Contingencies Pilot Program", "nested": [ { "text": "(a) Establishment of pilot program \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to be known as the Assuring Critical Infrastructure Support for Military Contingencies Pilot Program.", "id": "id81581b7321ec4f64a555ca501e8b1b4b", "header": "Establishment of pilot program", "nested": [], "links": [] }, { "text": "(b) Selection of installations \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall select not fewer than four geographically diverse military installations at which to carry out the pilot program under subsection (a). (2) Prioritization \n(A) In general \nIn selecting military installations under paragraph (1), the Secretary of Defense shall give priority to any military installation that is a key component of not fewer than two Contingency Plans (CONPLANs) or Operational Plans (OPLANs), with priority given to such plans in the area of responsibility of the United States Indo-Pacific Command or the United States European Command. (B) Additional priority \nIf two or more military installations are given equal priority under subparagraph (A), priority for selection under paragraph (1) shall be given to the military installations that are— (i) connected to national-level infrastructure; (ii) located near a commercial port; or (iii) located near a national financial hub.", "id": "id1c8655e8dad641cfb1d3dbe6f31e4e63", "header": "Selection of installations", "nested": [], "links": [] }, { "text": "(c) Activities \nIn carrying out the pilot program under subsection (a), the Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall— (1) without duplicating or disrupting existing cyber exercise activities under the National Cyber Exercise Program under section 2220B of the Homeland Security Act of 2002 ( 6 U.S.C. 665h ), conduct cyber resiliency and reconstitution stress test scenarios through tabletop exercises and, if possible, live exercises— (A) to assess how to prioritize restoration of power, water, and telecommunications for a military installation in the event of a significant cyberattack on regional critical infrastructure that has similar impacts on State and local infrastructure; and (B) to determine the recovery process needed to ensure the military installation can function and support an overseas contingency operation or a homeland defense mission, as appropriate; (2) map dependencies of power, water, and telecommunications at the military installation and the connections to distribution and generation outside the military installation; (3) recommend priorities for the order of recovery for the military installation in the event of a significant cyberattack, considering both the requirements needed for operations of the military installation and the potential participation of personnel at the military installation in an overseas contingency operation or a homeland defense mission; and (4) create a lessons-learned database from the exercises conducted under paragraph (1) across all installations participating in the pilot program to share with the appropriate committees of Congress.", "id": "ida95b9f29b0a7424f8c967134d74520ee", "header": "Activities", "nested": [], "links": [ { "text": "6 U.S.C. 665h", "legal-doc": "usc", "parsable-cite": "usc/6/665h" } ] }, { "text": "(d) Coordination with related programs \nThe Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall ensure that activities under subsection (c) are coordinated with— (1) private entities that operate power, water, and telecommunications for a military installation participating in the pilot program under subsection (a); (2) relevant military and civilian personnel; and (3) any other entity that the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs determines is relevant to the execution of activities under subsection (c).", "id": "id09f5114ae6df4b8caa92673c6def326e", "header": "Coordination with related programs", "nested": [], "links": [] }, { "text": "(e) Report \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Assistant to the President for Homeland Security, the National Cyber Director, the head of any other relevant Sector Risk Management Agency, the Committees on Armed Services of the Senate and the House of Representatives, and, if appropriate, relevant private sector owners and operators of critical infrastructure a report on the activities carried out under pilot program under subsection (a), including a description of any operational challenges identified.", "id": "ide556350b725c40018359b290ad0ae8a1", "header": "Report", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Critical infrastructure \nThe term critical infrastructure has the meaning given that term in the Critical Infrastructures Protection Act of 2001 ( 42 U.S.C. 5195c ). (2) Sector Risk Management Agency \nThe term Sector Risk Management Agency has the meaning given that term in section 2200 of the Homeland Security Act of 2002 ( 6 U.S.C. 650 ).", "id": "idaae9bf08316443298fa42b237cd29440", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 5195c", "legal-doc": "usc", "parsable-cite": "usc/42/5195c" }, { "text": "6 U.S.C. 650", "legal-doc": "usc", "parsable-cite": "usc/6/650" } ] } ], "links": [ { "text": "6 U.S.C. 665h", "legal-doc": "usc", "parsable-cite": "usc/6/665h" }, { "text": "42 U.S.C. 5195c", "legal-doc": "usc", "parsable-cite": "usc/42/5195c" }, { "text": "6 U.S.C. 650", "legal-doc": "usc", "parsable-cite": "usc/6/650" } ] }, { "text": "332. Strategy and assessment on use of automation and artificial intelligence for shipyard optimization \n(a) Strategy \nThe Secretary of Navy, in coordination with the Shipyard Infrastructure Optimization Program, shall develop and implement a strategy to leverage commercial best practices used in shipyards to make operations more efficient and demonstrate a digital maintenance artificial intelligence platform that analyzes data on the maintenance and health of shipboard assets of the Navy at shipyards, which shall improve readiness of the Armed Forces, predict and diagnose issues before they occur, and lower maintenance costs. (b) Assessment \nThe Secretary of Navy shall assess the costs of maintenance delays on shipboard assets of the Navy and assess the potential cost savings of adopting artificial intelligence predictive maintenance technology techniques that help determine the condition of in-service equipment to estimate when maintenance should be performed rather than waiting until failure or end of life, including— (1) an analysis of maintenance delays and costs due to unplanned and unpredicted maintenance issues; (2) an evaluation of opportunities to demonstrate commercial best practices at shipyards, including artificial intelligence technologies to ensure timely predictions for maintainers and planners at shipyards by connecting datasets, executing models, and providing outputs in near real-time; (3) an identification of shipyard assets of the Navy with sufficient data available to enable near-term demonstrations of artificial intelligence predictive maintenance and an estimate of resources needed within the Navy to accelerate the demonstration of predictive artificial intelligence capabilities with respect to those assets; and (4) an identification of any policy or technical challenges to implementing artificial intelligence or machine learning for purposes of carrying out the Shipyard Infrastructure Optimization Program. (c) Briefing to committee \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Navy shall provide to the congressional defense committees a briefing on— (1) the strategy developed by the Secretary under subsection (a); (2) the results of the assessment under subsection (b); and (3) a plan to execute any measures pursuant to such assessment.", "id": "idc25f5f76783341f89dedc459db4caff5", "header": "Strategy and assessment on use of automation and artificial intelligence for shipyard optimization", "nested": [ { "text": "(a) Strategy \nThe Secretary of Navy, in coordination with the Shipyard Infrastructure Optimization Program, shall develop and implement a strategy to leverage commercial best practices used in shipyards to make operations more efficient and demonstrate a digital maintenance artificial intelligence platform that analyzes data on the maintenance and health of shipboard assets of the Navy at shipyards, which shall improve readiness of the Armed Forces, predict and diagnose issues before they occur, and lower maintenance costs.", "id": "id3f766137f179470084d66f40ea788249", "header": "Strategy", "nested": [], "links": [] }, { "text": "(b) Assessment \nThe Secretary of Navy shall assess the costs of maintenance delays on shipboard assets of the Navy and assess the potential cost savings of adopting artificial intelligence predictive maintenance technology techniques that help determine the condition of in-service equipment to estimate when maintenance should be performed rather than waiting until failure or end of life, including— (1) an analysis of maintenance delays and costs due to unplanned and unpredicted maintenance issues; (2) an evaluation of opportunities to demonstrate commercial best practices at shipyards, including artificial intelligence technologies to ensure timely predictions for maintainers and planners at shipyards by connecting datasets, executing models, and providing outputs in near real-time; (3) an identification of shipyard assets of the Navy with sufficient data available to enable near-term demonstrations of artificial intelligence predictive maintenance and an estimate of resources needed within the Navy to accelerate the demonstration of predictive artificial intelligence capabilities with respect to those assets; and (4) an identification of any policy or technical challenges to implementing artificial intelligence or machine learning for purposes of carrying out the Shipyard Infrastructure Optimization Program.", "id": "id3faa5eb0e29a40d4a081e3603679e82e", "header": "Assessment", "nested": [], "links": [] }, { "text": "(c) Briefing to committee \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Navy shall provide to the congressional defense committees a briefing on— (1) the strategy developed by the Secretary under subsection (a); (2) the results of the assessment under subsection (b); and (3) a plan to execute any measures pursuant to such assessment.", "id": "id99192df72ca64c748e703f3249f322e2", "header": "Briefing to committee", "nested": [], "links": [] } ], "links": [] }, { "text": "341. Critical infrastructure conditions at military installations \n(a) Plan \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the head of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to implement a standardized system to measure and report on the condition and performance of, level of investment in, and any applicable risks to critical infrastructure systems owned by the Federal Government that— (1) have not been privatized pursuant to a conveyance under section 2688 of title 10, United States Code; and (2) are located on a military installation. (b) Report \n(1) In general \nBeginning on February 1 of the year immediately following the date on which the plan under subsection (a) is submitted, and annually thereafter, the Secretary of Defense, in coordination with the head of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a consolidated report on the condition of critical infrastructure systems owned by the Federal Government at military installations. (2) Elements \nEach report required by paragraph (1) shall include the following: (A) Installation-level critical infrastructure system data for each critical infrastructure system owned by the Federal Government located at a military installation that includes the following for each such system: (i) All instances of noncompliance with any applicable Federal or State law (including regulations) with which the system has been required to comply during the preceding five-year period, including information on any prior or current consent order or equivalent compliance agreement with any regulatory agency. (ii) The year of original installation of major critical infrastructure system components, including treatment facilities, pump stations, and storage tanks. (iii) The average age of distribution system piping and wiring. (iv) The rate of system recapitalization, represented as an annual percentage replacement rate of all critical infrastructure system assets. (v) The percentage of key system operational components inspected, and determined through actual testing to be fully operational, during the preceding one-year period, including fire hydrants, valves, and backflow preventors. (vi) The absolute number, and a normalized measure for comparative purposes, of all unplanned system outages during the preceding one-year period. (vii) The absolute duration, and a normalized measure for comparative purposes, of all unplanned system outages during the preceding one-year period. (viii) The absolute number, and a normalized measure for comparative purposes, of all critical infrastructure system main breaks and leaks during the preceding one-year period. (B) A standardized risk assessment for each military installation, identifying the current and projected level of risk related to the following: (i) The ability to maintain compliance with all current and known future regulatory agency regulations and standards and all applicable regulations and policies of the Department of Defense and the military departments related to critical infrastructure, and the ability to operate systems in accordance with accepted industry standards. (ii) The ability to maintain a consistent and compliant supply of water for current and projected future installation needs based on current and projected source water availability and quality, including an assessment of source water contamination risks. (iii) The ability to withstand severe weather events, including drought, flooding, and temperature fluctuations. (iv) The ability for utility industrial controls systems to maintain compliance with current and future cybersecurity standards and regulations.", "id": "id3D0F5DBB016E4FA898B6A5C3443E0903", "header": "Critical infrastructure conditions at military installations", "nested": [ { "text": "(a) Plan \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the head of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to implement a standardized system to measure and report on the condition and performance of, level of investment in, and any applicable risks to critical infrastructure systems owned by the Federal Government that— (1) have not been privatized pursuant to a conveyance under section 2688 of title 10, United States Code; and (2) are located on a military installation.", "id": "id60c1839b35cc44758a94ec8fe6d6a19d", "header": "Plan", "nested": [], "links": [] }, { "text": "(b) Report \n(1) In general \nBeginning on February 1 of the year immediately following the date on which the plan under subsection (a) is submitted, and annually thereafter, the Secretary of Defense, in coordination with the head of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a consolidated report on the condition of critical infrastructure systems owned by the Federal Government at military installations. (2) Elements \nEach report required by paragraph (1) shall include the following: (A) Installation-level critical infrastructure system data for each critical infrastructure system owned by the Federal Government located at a military installation that includes the following for each such system: (i) All instances of noncompliance with any applicable Federal or State law (including regulations) with which the system has been required to comply during the preceding five-year period, including information on any prior or current consent order or equivalent compliance agreement with any regulatory agency. (ii) The year of original installation of major critical infrastructure system components, including treatment facilities, pump stations, and storage tanks. (iii) The average age of distribution system piping and wiring. (iv) The rate of system recapitalization, represented as an annual percentage replacement rate of all critical infrastructure system assets. (v) The percentage of key system operational components inspected, and determined through actual testing to be fully operational, during the preceding one-year period, including fire hydrants, valves, and backflow preventors. (vi) The absolute number, and a normalized measure for comparative purposes, of all unplanned system outages during the preceding one-year period. (vii) The absolute duration, and a normalized measure for comparative purposes, of all unplanned system outages during the preceding one-year period. (viii) The absolute number, and a normalized measure for comparative purposes, of all critical infrastructure system main breaks and leaks during the preceding one-year period. (B) A standardized risk assessment for each military installation, identifying the current and projected level of risk related to the following: (i) The ability to maintain compliance with all current and known future regulatory agency regulations and standards and all applicable regulations and policies of the Department of Defense and the military departments related to critical infrastructure, and the ability to operate systems in accordance with accepted industry standards. (ii) The ability to maintain a consistent and compliant supply of water for current and projected future installation needs based on current and projected source water availability and quality, including an assessment of source water contamination risks. (iii) The ability to withstand severe weather events, including drought, flooding, and temperature fluctuations. (iv) The ability for utility industrial controls systems to maintain compliance with current and future cybersecurity standards and regulations.", "id": "id04647b2c0e5e47ebb2f1a8e0e3e47c04", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "342. Report on establishing sufficient stabling, pasture, and training area for the Old Guard Caisson Platoon equines \n(a) In general \nNot later than March 1, 2024, the Secretary of the Army shall submit to the congressional defense committees a report containing the results of a study to address the feasibility and advisability of establishing sufficient stabling, pasture, and training area for the equines in the Caisson Platoon of the 3rd United States Infantry (commonly known as the Old Guard ). (b) Inclusion of recommendations \nThe report required under subsection (a) shall include— (1) any recommendations determined necessary and appropriate by the Secretary— (A) to implement the plan required under section 391(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2549); and (B) to ensure proper animal facility sanitation for the equines in the Caisson Platoon of the 3rd United States Infantry; and (2) plans for the housing and care of such equines. (c) Locations \n(1) Review of military construction authorization \nThe report required under subsection (a) shall include a review of all physical locations under consideration as stabling, pasture, or training area described in such subsection for any withdrawals or projects that would require individual military construction authorization. (2) Consideration \nIn considering locations for stabling, pasture, or training area under subsection (a), the Secretary of the Army shall consider all viable options within a reasonable distance to Arlington National Cemetery. (d) Elements \nThe report required under subsection (a) shall include, for each location under consideration as stabling, pasture, or training area described in such subsection— (1) a brief environmental assessment of the location; (2) estimated costs for preparing the location for construction; (3) a narrative of how the location will be beneficial and conducive the health of the equines in the Caisson Platoon of the 3rd United States Infantry; (4) a narrative of how, if necessary, the location can be expanded; and (5) a narrative of how the location will affect community access to outdoor recreation.", "id": "id60b822d4ecc14754aac182f69ff373df", "header": "Report on establishing sufficient stabling, pasture, and training area for the Old Guard Caisson Platoon equines", "nested": [ { "text": "(a) In general \nNot later than March 1, 2024, the Secretary of the Army shall submit to the congressional defense committees a report containing the results of a study to address the feasibility and advisability of establishing sufficient stabling, pasture, and training area for the equines in the Caisson Platoon of the 3rd United States Infantry (commonly known as the Old Guard ).", "id": "idd37224330d504f28bb1bec880ccf2572", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Inclusion of recommendations \nThe report required under subsection (a) shall include— (1) any recommendations determined necessary and appropriate by the Secretary— (A) to implement the plan required under section 391(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2549); and (B) to ensure proper animal facility sanitation for the equines in the Caisson Platoon of the 3rd United States Infantry; and (2) plans for the housing and care of such equines.", "id": "id11bf68e6219b4a49b023716797ec6b00", "header": "Inclusion of recommendations", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(c) Locations \n(1) Review of military construction authorization \nThe report required under subsection (a) shall include a review of all physical locations under consideration as stabling, pasture, or training area described in such subsection for any withdrawals or projects that would require individual military construction authorization. (2) Consideration \nIn considering locations for stabling, pasture, or training area under subsection (a), the Secretary of the Army shall consider all viable options within a reasonable distance to Arlington National Cemetery.", "id": "id43420435435c4cc68da49af56259df72", "header": "Locations", "nested": [], "links": [] }, { "text": "(d) Elements \nThe report required under subsection (a) shall include, for each location under consideration as stabling, pasture, or training area described in such subsection— (1) a brief environmental assessment of the location; (2) estimated costs for preparing the location for construction; (3) a narrative of how the location will be beneficial and conducive the health of the equines in the Caisson Platoon of the 3rd United States Infantry; (4) a narrative of how, if necessary, the location can be expanded; and (5) a narrative of how the location will affect community access to outdoor recreation.", "id": "id92bf343fe73d452082055dad66703e99", "header": "Elements", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "343. Quarterly briefings on operational status of amphibious warship fleet of Department of the Navy \n(a) In general \nNot later than October 1, 2023, and quarterly thereafter until September 30, 2024, the Secretary of the Navy shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the operational status of the amphibious warship fleet of the Department of the Navy. (b) Elements \nEach briefing under subsection (a) shall include, with respect to each amphibious warship, the following: (1) Average quarterly Operational Availability (AO). (2) Number of days underway as follows: (A) Training for the purpose of supporting Mission Essential Tasks (in this section referred to as MET ) of the Marine Corps, including unit level well-deck or flight-deck operations training and Amphibious Ready Group and Marine Expeditionary Unit integrated training. (B) Deployed, which shall not include scheduled or unscheduled in port maintenance. (3) Expected completion date for in-work and scheduled and unscheduled maintenance. (4) An update on any delays in completion of scheduled and unscheduled maintenance and casualty reports impacting the following: (A) Scheduled unit level well-deck and flight-deck operations training of the Marine Corps. (B) MET certifications of the Marine Corps, including mobility, communications, amphibious well-deck operations, aviation operations, and warfare training. (C) Composition and deployment dates of scheduled and deployed Amphibious Ready Groups and Marine Expeditionary Units. (c) Definitions \nIn this section: (1) Amphibious warship \nThe term amphibious warship means a ship that is classified as an amphibious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD) that is included in the Battle Force Inventory in accordance with instruction 5030.8D of the Secretary of the Navy, or successor instruction. (2) Amphibious Ready Group; Marine Expeditionary Unit \nThe terms Amphibious Ready Group and Marine Expeditionary Unit means a group or unit, as the case may be, that consists of a minimum of— (A) three amphibious assault ships (general purpose) (LHA) or amphibious assault ships (multi-purpose) (LHD); and (B) one amphibious transport dock (LPD) Flight I.", "id": "id9f03440defcc494c9368f04b57fbfc42", "header": "Quarterly briefings on operational status of amphibious warship fleet of Department of the Navy", "nested": [ { "text": "(a) In general \nNot later than October 1, 2023, and quarterly thereafter until September 30, 2024, the Secretary of the Navy shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the operational status of the amphibious warship fleet of the Department of the Navy.", "id": "ide8259cfd6bf14119973d6744101efb8c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nEach briefing under subsection (a) shall include, with respect to each amphibious warship, the following: (1) Average quarterly Operational Availability (AO). (2) Number of days underway as follows: (A) Training for the purpose of supporting Mission Essential Tasks (in this section referred to as MET ) of the Marine Corps, including unit level well-deck or flight-deck operations training and Amphibious Ready Group and Marine Expeditionary Unit integrated training. (B) Deployed, which shall not include scheduled or unscheduled in port maintenance. (3) Expected completion date for in-work and scheduled and unscheduled maintenance. (4) An update on any delays in completion of scheduled and unscheduled maintenance and casualty reports impacting the following: (A) Scheduled unit level well-deck and flight-deck operations training of the Marine Corps. (B) MET certifications of the Marine Corps, including mobility, communications, amphibious well-deck operations, aviation operations, and warfare training. (C) Composition and deployment dates of scheduled and deployed Amphibious Ready Groups and Marine Expeditionary Units.", "id": "ida1ddb2e2241b4828ba6b376268b46163", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) Amphibious warship \nThe term amphibious warship means a ship that is classified as an amphibious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD) that is included in the Battle Force Inventory in accordance with instruction 5030.8D of the Secretary of the Navy, or successor instruction. (2) Amphibious Ready Group; Marine Expeditionary Unit \nThe terms Amphibious Ready Group and Marine Expeditionary Unit means a group or unit, as the case may be, that consists of a minimum of— (A) three amphibious assault ships (general purpose) (LHA) or amphibious assault ships (multi-purpose) (LHD); and (B) one amphibious transport dock (LPD) Flight I.", "id": "idf14e6226d2e84d628f4cb6772fa803c0", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "344. Briefing on plan for maintaining proficiency in emergency movement of munitions in Joint Region Marianas, Guam \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Navy and the Secretary of the Air Force shall brief the congressional defense committees on a plan for maintaining the proficiency of the Navy and the Air Force, respectively, in executing the emergency movement of munitions stored in weapons storage areas in Joint Region Marianas, Guam, onto aircraft and naval vessels, including plans to regularly exercise such capabilities.", "id": "iddcdb58fd309a42d880215fb6ec2bbd70", "header": "Briefing on plan for maintaining proficiency in emergency movement of munitions in Joint Region Marianas, Guam", "nested": [], "links": [] }, { "text": "351. Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School \nThe Secretary of the Navy shall continue, through fiscal year 2024— (1) to perform the responsibilities of the Department of Defense executive agent for the Naval Small Craft Instruction and Technical Training School pursuant to section 352(b) of title 10, United States Code; and (2) in coordination with the Commander of the United States Special Operations Command, to provide such support, as necessary, for the continued operation of such school.", "id": "id35928345417E4A69A0E5082E5F261ACC", "header": "Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School", "nested": [], "links": [] }, { "text": "352. Restriction on retirement of U–28 Aircraft \nNone of the funds authorized to be appropriated by this Act may be used to retire U–28 aircraft until the Secretary of Defense certifies to the congressional defense committees that the future-years defense program submitted to Congress under section 221 of title 10, United States Code, with respect to the United States Special Operations Command provides for intelligence, surveillance, and reconnaissance capacity and capability that is equal to or greater than such capacity and capability provided by the current fleet of U–28 aircraft for such Command.", "id": "id02294bc64b314cde9a305f09c7924dfe", "header": "Restriction on retirement of U–28 Aircraft", "nested": [], "links": [] }, { "text": "353. Tribal liaisons \n(a) In general \nThe Secretary of Defense shall ensure that each installation of the Department of Defense that has an Indian Tribe, Native Hawaiian organization, or Tribal interests in the area surrounding the installation, including if an Indian Tribe or Native Hawaiian organization is historically or culturally affiliated with the land or water managed or directly impacted by the installation, has a dedicated Tribal liaison located at the installation. (b) Definitions \nIn this section: (1) Indian Tribe \nThe term Indian Tribe has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). (2) Native Hawaiian organization \nThe term Native Hawaiian organization has the meaning given that term in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ).", "id": "ID690f1770764d4ce9b4b6e64102ab77a7", "header": "Tribal liaisons", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall ensure that each installation of the Department of Defense that has an Indian Tribe, Native Hawaiian organization, or Tribal interests in the area surrounding the installation, including if an Indian Tribe or Native Hawaiian organization is historically or culturally affiliated with the land or water managed or directly impacted by the installation, has a dedicated Tribal liaison located at the installation.", "id": "idb2fb0472bc184141bdc509500301c686", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Indian Tribe \nThe term Indian Tribe has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). (2) Native Hawaiian organization \nThe term Native Hawaiian organization has the meaning given that term in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ).", "id": "id2B4ED16AECF942E8983EE8B81C63D02A", "header": "Definitions", "nested": [], "links": [ { "text": "25 U.S.C. 5304(e)", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "20 U.S.C. 7517", "legal-doc": "usc", "parsable-cite": "usc/20/7517" } ] } ], "links": [ { "text": "25 U.S.C. 5304(e)", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "20 U.S.C. 7517", "legal-doc": "usc", "parsable-cite": "usc/20/7517" } ] }, { "text": "354. Limitation on use of funds to expand leased facilities for the Joint Military Information Support Operations Web Operations Center \nNone of the amounts authorized by this Act for operation and maintenance, Defense-wide to expand leased facilities for the Joint Military Information Support Operations Web Operations Center may be obligated or expended until the Secretary of Defense, acting through the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command, submits to the congressional defense committees a validated manpower study for such center that includes the following: (1) Validated estimates of the number of personnel from the United States Special Operations Command and the other combatant commands that will be housed in leased facilities of such center. (2) An explanation of how such estimates are aligned with and support the priorities established by the national defense strategy under 113(g) of title 10, United States Code.", "id": "id2f75419d58b14ea392491f81f7f13e64", "header": "Limitation on use of funds to expand leased facilities for the Joint Military Information Support Operations Web Operations Center", "nested": [], "links": [] }, { "text": "355. Modifications to the Contested Logistics Working Group of the Department of Defense \n(a) Expansion of working group \n(1) In general \nParagraph (3) of section 2926(d) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (D) A representative appointed by the Secretary of Defense from each of the following: (i) The Defense Logistics Agency. (ii) The Strategic Capabilities Office. (iii) The Defense Advanced Research Projects Agency. (iv) The Office of the Under Secretary of Defense for Research and Engineering.. (2) Timing \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall appoint the additional members of the working group required under paragraph (3)(D) of such section, as added by paragraph (1) of this subsection. (b) Meetings \nSuch section is further amended by adding at the end the following new paragraph: (6) The working group under paragraph (1) shall meet not less frequently than quarterly.. (c) Reports \nSuch section is further amended by adding at the end the following new paragraph: (7) Not later than February 1 of each year, the working group under paragraph (1) shall submit to the congressional defense committees a report that contains a description of any shortfalls in personnel, equipment, infrastructure, energy and storage, or capabilities required to support the operational plans of the Department of Defense..", "id": "id52d70982e68c4d27bf771088df73e861", "header": "Modifications to the Contested Logistics Working Group of the Department of Defense", "nested": [ { "text": "(a) Expansion of working group \n(1) In general \nParagraph (3) of section 2926(d) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (D) A representative appointed by the Secretary of Defense from each of the following: (i) The Defense Logistics Agency. (ii) The Strategic Capabilities Office. (iii) The Defense Advanced Research Projects Agency. (iv) The Office of the Under Secretary of Defense for Research and Engineering.. (2) Timing \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall appoint the additional members of the working group required under paragraph (3)(D) of such section, as added by paragraph (1) of this subsection.", "id": "idc886b0f0a63448e1aca5d5238da471ec", "header": "Expansion of working group", "nested": [], "links": [] }, { "text": "(b) Meetings \nSuch section is further amended by adding at the end the following new paragraph: (6) The working group under paragraph (1) shall meet not less frequently than quarterly..", "id": "id5283ba7a9d7f4e1dae0da8f3ad9163f7", "header": "Meetings", "nested": [], "links": [] }, { "text": "(c) Reports \nSuch section is further amended by adding at the end the following new paragraph: (7) Not later than February 1 of each year, the working group under paragraph (1) shall submit to the congressional defense committees a report that contains a description of any shortfalls in personnel, equipment, infrastructure, energy and storage, or capabilities required to support the operational plans of the Department of Defense..", "id": "idb350c2e71e7349c3bc3f5ce1ee2b1b12", "header": "Reports", "nested": [], "links": [] } ], "links": [] }, { "text": "356. Establishment of Caisson Platoon to support military and State funeral services \n(a) In general \nThere is established in the Department of the Army an equine unit, to be known as the Caisson Platoon, assigned to the 3rd Infantry Regiment of the Army, for the purposes of conducting military and State funerals and for other purposes. (b) Prohibition on elimination \nThe Secretary of the Army may not eliminate the Caisson Platoon of the 3rd Infantry Regiment of the Army established under subsection (a). (c) Briefing \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter until March 31, 2027, the Secretary of the Army shall provide to the congressional defense committees a briefing on the health, welfare, and sustainment of military working equids. (2) Elements \nThe briefing required by paragraph (1) shall include the following: (A) An assessment of the ability of the Caisson Platoon of the 3rd Infantry Regiment of the Army to support military funeral operations within Arlington National Cemetery, including milestones associated with achieving full operational capability for the Caisson Platoon. (B) An update on the plan of the task force of the Army on military working equids to promote, support, and sustain animal health and welfare. (C) An update on the plan of such task force to ensure that support by the Caisson Platoon of Arlington National Cemetery and State funerals is never suspended again.", "id": "id8edbdfb48eaf435b9c7caef4746e9f67", "header": "Establishment of Caisson Platoon to support military and State funeral services", "nested": [ { "text": "(a) In general \nThere is established in the Department of the Army an equine unit, to be known as the Caisson Platoon, assigned to the 3rd Infantry Regiment of the Army, for the purposes of conducting military and State funerals and for other purposes.", "id": "id22340a438348440e861b73f5740c410d", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Prohibition on elimination \nThe Secretary of the Army may not eliminate the Caisson Platoon of the 3rd Infantry Regiment of the Army established under subsection (a).", "id": "ide5d5349304a04be7a914db1b3fbc6b38", "header": "Prohibition on elimination", "nested": [], "links": [] }, { "text": "(c) Briefing \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter until March 31, 2027, the Secretary of the Army shall provide to the congressional defense committees a briefing on the health, welfare, and sustainment of military working equids. (2) Elements \nThe briefing required by paragraph (1) shall include the following: (A) An assessment of the ability of the Caisson Platoon of the 3rd Infantry Regiment of the Army to support military funeral operations within Arlington National Cemetery, including milestones associated with achieving full operational capability for the Caisson Platoon. (B) An update on the plan of the task force of the Army on military working equids to promote, support, and sustain animal health and welfare. (C) An update on the plan of such task force to ensure that support by the Caisson Platoon of Arlington National Cemetery and State funerals is never suspended again.", "id": "id53619f54b0be451aba9617c2c06b6785", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "357. Limitation on availability of funds pending 30-year shipbuilding plan that maintains 31 amphibious warships for the Department of the Navy \n(a) Limitation \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for Administration and Servicewide Activities, Operation and Maintenance, Navy, not more than 50 percent may be obligated or expended until the date on which the Secretary of the Navy submits to the congressional defense committees a 30-year shipbuilding plan that meets the statutory requirement in section 8062(b) of title 10, United States Code, to maintain 31 amphibious warships. (b) Amphibious warship defined \nIn this section, the term amphibious warship means a ship that is classified as an amphibious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD) that is included in the Battle Force Inventory in accordance with instruction 5030.8D of the Secretary of the Navy, or successor instruction.", "id": "id9DAAD36989484CD8B26F84B123787D25", "header": "Limitation on availability of funds pending 30-year shipbuilding plan that maintains 31 amphibious warships for the Department of the Navy", "nested": [ { "text": "(a) Limitation \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for Administration and Servicewide Activities, Operation and Maintenance, Navy, not more than 50 percent may be obligated or expended until the date on which the Secretary of the Navy submits to the congressional defense committees a 30-year shipbuilding plan that meets the statutory requirement in section 8062(b) of title 10, United States Code, to maintain 31 amphibious warships.", "id": "id5e9de8bcef894f499ba1af5414b97f4c", "header": "Limitation", "nested": [], "links": [] }, { "text": "(b) Amphibious warship defined \nIn this section, the term amphibious warship means a ship that is classified as an amphibious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD) that is included in the Battle Force Inventory in accordance with instruction 5030.8D of the Secretary of the Navy, or successor instruction.", "id": "idB5A7368344B54CC5AAE04E35B49C09A1", "header": "Amphibious warship defined", "nested": [], "links": [] } ], "links": [] }, { "text": "358. Modification of rule of construction regarding provision of support and services to non-Department of Defense organizations and activities \nSection 2012(i) of title 10, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) in the matter preceding subparagraph (A), as redesignated by paragraph (1), by striking Nothing in this section and inserting (1) Nothing in this section ; (3) in subparagraph (A), as so redesignated, by inserting , except as provided in paragraph (2), before for response ; and (4) by adding at the end the following new paragraph: (2) Funds available to the Secretary of a military department for operation and maintenance for the Innovative Readiness Training program may be expended under this section, upon approval by the Secretary concerned, to assist in demolition, clearing of roads, infrastructure improvements, and construction to restore an area after a natural disaster..", "id": "id6489e5173ce94e5bbfab9c8a58189f98", "header": "Modification of rule of construction regarding provision of support and services to non-Department of Defense organizations and activities", "nested": [], "links": [] }, { "text": "359. Modifications to military aviation and installation assurance clearinghouse for review of mission obstructions \n(a) Projects proposed within two nautical miles of any active intercontinental ballistic missile launch facility or control center \nSection 183a of title 10, United States Code, is amended— (1) in subsection (d)(2)— (A) in subparagraph (B), by inserting or any active intercontinental ballistic missile launch facility or control center after military training routes ; and (B) in subparagraph (E), by striking or a Deputy Under Secretary of Defense and inserting a Deputy Under Secretary of Defense, or, in the case of a geographic area of concern related to an active intercontinental ballistic missile launch facility or control center, the Assistant Secretary of Defense for Energy, Installations, and Environment ; and (2) in subsection (e)(1)— (A) in the first sentence— (i) by striking The Secretary and inserting (A) The Secretary ; and (ii) by inserting or antenna structure project after energy project ; (B) in the second sentence, by striking The Secretary of Defense's finding of unacceptable risk to national security and inserting the following: (C) Any finding of unacceptable risk to national security by the Secretary of Defense under this paragraph ; and (C) by inserting after subparagraph (A), as designated by subparagraph (A)(i) of this paragraph, the following new subparagraph: (B) (i) In the case of any energy project or antenna structure project with proposed structures more than 200 feet above ground level located within two nautical miles of an active intercontinental ballistic missile launch facility or control center, the Secretary of Defense shall issue a finding of unacceptable risk to national security for such project if the mitigation actions identified pursuant to this section do not include removal of all such proposed structures from such project after receiving notice of presumed risk from the Clearinghouse under subsection (c)(2). (ii) Clause (i) does not apply to structures approved before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 or to structures that are re-powered with updated technology in the same location as previously approved structures.. (b) Inclusion of antenna structure projects \n(1) In general \nSuch section is further amended— (A) by inserting or antenna structure projects after energy projects each place it appears; and (B) by inserting or antenna structure project after energy project each place it appears (except for subsections (e)(1) and (h)(2)). (2) Antenna structure project defined \nSection 183a(h) of such title is amended— (A) by redesignating paragraphs (2) through (9) as paragraphs (3) through (10), respectively; and (B) by inserting after paragraph (1) the following new paragraph: (2) The term antenna structure project — (A) means a project to construct a structure located within two nautical miles of any intercontinental ballistic missile launch facility or control center that is constructed or used to transmit radio energy or that is constructed or used for the primary purpose of supporting antennas to transmit or receive radio energy (or both), and any antennas and other appurtenances mounted on the structure, from the time construction of the supporting structure begins until such time as the supporting structure is dismantled; and (B) does not include any project in support of or required by an intercontinental ballistic missile launch facility or control center..", "id": "id4bbd5c2802114009afab430813c1398f", "header": "Modifications to military aviation and installation assurance clearinghouse for review of mission obstructions", "nested": [ { "text": "(a) Projects proposed within two nautical miles of any active intercontinental ballistic missile launch facility or control center \nSection 183a of title 10, United States Code, is amended— (1) in subsection (d)(2)— (A) in subparagraph (B), by inserting or any active intercontinental ballistic missile launch facility or control center after military training routes ; and (B) in subparagraph (E), by striking or a Deputy Under Secretary of Defense and inserting a Deputy Under Secretary of Defense, or, in the case of a geographic area of concern related to an active intercontinental ballistic missile launch facility or control center, the Assistant Secretary of Defense for Energy, Installations, and Environment ; and (2) in subsection (e)(1)— (A) in the first sentence— (i) by striking The Secretary and inserting (A) The Secretary ; and (ii) by inserting or antenna structure project after energy project ; (B) in the second sentence, by striking The Secretary of Defense's finding of unacceptable risk to national security and inserting the following: (C) Any finding of unacceptable risk to national security by the Secretary of Defense under this paragraph ; and (C) by inserting after subparagraph (A), as designated by subparagraph (A)(i) of this paragraph, the following new subparagraph: (B) (i) In the case of any energy project or antenna structure project with proposed structures more than 200 feet above ground level located within two nautical miles of an active intercontinental ballistic missile launch facility or control center, the Secretary of Defense shall issue a finding of unacceptable risk to national security for such project if the mitigation actions identified pursuant to this section do not include removal of all such proposed structures from such project after receiving notice of presumed risk from the Clearinghouse under subsection (c)(2). (ii) Clause (i) does not apply to structures approved before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 or to structures that are re-powered with updated technology in the same location as previously approved structures..", "id": "id6c18ca747b95474e9d81af32ccae3af6", "header": "Projects proposed within two nautical miles of any active intercontinental ballistic missile launch facility or control center", "nested": [], "links": [] }, { "text": "(b) Inclusion of antenna structure projects \n(1) In general \nSuch section is further amended— (A) by inserting or antenna structure projects after energy projects each place it appears; and (B) by inserting or antenna structure project after energy project each place it appears (except for subsections (e)(1) and (h)(2)). (2) Antenna structure project defined \nSection 183a(h) of such title is amended— (A) by redesignating paragraphs (2) through (9) as paragraphs (3) through (10), respectively; and (B) by inserting after paragraph (1) the following new paragraph: (2) The term antenna structure project — (A) means a project to construct a structure located within two nautical miles of any intercontinental ballistic missile launch facility or control center that is constructed or used to transmit radio energy or that is constructed or used for the primary purpose of supporting antennas to transmit or receive radio energy (or both), and any antennas and other appurtenances mounted on the structure, from the time construction of the supporting structure begins until such time as the supporting structure is dismantled; and (B) does not include any project in support of or required by an intercontinental ballistic missile launch facility or control center..", "id": "id2b9062f6f9af4c08a9a7a0399c226f7b", "header": "Inclusion of antenna structure projects", "nested": [], "links": [] } ], "links": [] }, { "text": "401. End strengths for active forces \nThe Armed Forces are authorized strengths for active duty personnel as of September 30, 2024, as follows: (1) The Army, 452,000. (2) The Navy, 342,000. (3) The Marine Corps, 172,300. (4) The Air Force, 320,000. (5) The Space Force, 9,400.", "id": "id914ace201c8548cba93ce392b50b49d9", "header": "End strengths for active forces", "nested": [], "links": [] }, { "text": "402. End strength level matters \nSection 115 of title 10, United States Code, is amended— (1) in subsection (f)(2), by striking not more than 2 percent and inserting not more than 3 percent ; and (2) in subsection (g)(1), by striking subparagraphs (A) and (B) and inserting the following new subparagraphs: (A) vary the end strength pursuant to subsection (a)(1)(A) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than 2 percent of such authorized end strength; (B) vary the end strength pursuant to subsection (a)(1)(B) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than 2 percent of such authorized end strength; and (C) vary the end strength pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve component of the armed force or forces under the jurisdiction of that Secretary by a number equal to not more than 2 percent of such authorized end strength..", "id": "id99e9cf9dc42a495fb016be27476b0176", "header": "End strength level matters", "nested": [], "links": [] }, { "text": "403. Extension of additional authority to vary Space Force end strength \nSection 403(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended by striking December 31, 2023 and inserting October 1, 2025.", "id": "id1e3398a70ff0409f8a48e982dfbe3f8a", "header": "Extension of additional authority to vary Space Force end strength", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "411. End strengths for Selected Reserve \n(a) In general \nThe Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2024, as follows: (1) The Army National Guard of the United States, 325,000. (2) The Army Reserve, 174,800. (3) The Navy Reserve, 57,200. (4) The Marine Corps Reserve, 33,600. (5) The Air National Guard of the United States, 105,000. (6) The Air Force Reserve, 69,600. (7) The Coast Guard Reserve, 7,000. (b) End strength reductions \nThe end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases \nWhenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.", "id": "id0022f52e179b4575ae04efd4ac21234c", "header": "End strengths for Selected Reserve", "nested": [ { "text": "(a) In general \nThe Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2024, as follows: (1) The Army National Guard of the United States, 325,000. (2) The Army Reserve, 174,800. (3) The Navy Reserve, 57,200. (4) The Marine Corps Reserve, 33,600. (5) The Air National Guard of the United States, 105,000. (6) The Air Force Reserve, 69,600. (7) The Coast Guard Reserve, 7,000.", "id": "id7c2d9b98b1114606ad644e37ccc844bc", "header": "In general", "nested": [], "links": [] }, { "text": "(b) End strength reductions \nThe end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.", "id": "id490b36bef98e4c9dbb0f0ea8237e89ac", "header": "End strength reductions", "nested": [], "links": [] }, { "text": "(c) End strength increases \nWhenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.", "id": "idca92e8b98d334dc48caad2d09f432481", "header": "End strength increases", "nested": [], "links": [] } ], "links": [] }, { "text": "412. End strengths for Reserves on active duty in support of the Reserves \nWithin the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2024, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 30,845. (2) The Army Reserve, 16,511. (3) The Navy Reserve, 10,327. (4) The Marine Corps Reserve, 2,355. (5) The Air National Guard of the United States, 25,333. (6) The Air Force Reserve, 6,003.", "id": "ID6f1847ab951b4d79b257a1038be9ab67", "header": "End strengths for Reserves on active duty in support of the Reserves", "nested": [], "links": [] }, { "text": "413. End strengths for military technicians (dual status) \n(a) In general \nThe minimum number of military technicians (dual status) as of the last day of fiscal year 2024 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 22,294. (2) For the Army Reserve, 7,990. (3) For the Air National Guard of the United States, 10,994. (4) For the Air Force Reserve, 7,111. (b) Limitation on number of temporary military technicians (dual status) \nThe number of temporary military technicians (dual status) employed under the authority of subsection (a) may not exceed 25 percent of the total authorized number specified in such subsection. (c) Limitation \nUnder no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active, Guard, and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual’s position.", "id": "ID475aa1f0d8b24b0d84f219d2f170106b", "header": "End strengths for military technicians (dual status)", "nested": [ { "text": "(a) In general \nThe minimum number of military technicians (dual status) as of the last day of fiscal year 2024 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 22,294. (2) For the Army Reserve, 7,990. (3) For the Air National Guard of the United States, 10,994. (4) For the Air Force Reserve, 7,111.", "id": "id759f72235f674a2eb058b23c250099ef", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Limitation on number of temporary military technicians (dual status) \nThe number of temporary military technicians (dual status) employed under the authority of subsection (a) may not exceed 25 percent of the total authorized number specified in such subsection.", "id": "id38e8b1a3541c43a3bc83915d1c396959", "header": "Limitation on number of temporary military technicians (dual status)", "nested": [], "links": [] }, { "text": "(c) Limitation \nUnder no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active, Guard, and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual’s position.", "id": "id868b05949e7244cfaa1fe92e26cb7ad3", "header": "Limitation", "nested": [], "links": [] } ], "links": [] }, { "text": "414. Maximum number of reserve personnel authorized to be on active duty for operational support \nDuring fiscal year 2024, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000.", "id": "IDcad1f6ebb3a546a7b01aef766db9f5fc", "header": "Maximum number of reserve personnel authorized to be on active duty for operational support", "nested": [], "links": [] }, { "text": "421. Military personnel \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. (b) Construction of authorization \nThe authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2024.", "id": "ID616343611c0a4bf293f9c9133c9d3a06", "header": "Military personnel", "nested": [ { "text": "(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.", "id": "id095018e1045f4e38acb23f9be8be011c", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Construction of authorization \nThe authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2024.", "id": "id7b6736cfb47b4d91b040e2d4470052ed", "header": "Construction of authorization", "nested": [], "links": [] } ], "links": [] }, { "text": "501. Authorized strength: general and flag officers on active duty \n(a) Repeal of obsolete authority; redesignation \nChapter 32 of title 10, United States Code, is amended— (1) by repealing section 526; (2) by redesignating section 526a as section 526; (3) in the table of sections for such chapter, by striking the item relating to section 526a; and (4) in the section heading for section 526, as redesignated by paragraph (2), by striking after December 31, 2022. (b) Increased authorized strength \nSection 526 of title 10, United States Code, as redesignated and amended by subsection (a), is further amended— (1) in subsection (a)— (A) by striking after December 31, 2022, ; (B) in paragraph (1), by striking 218 and inserting 219 ; (C) in paragraph (2), by striking 149 and inserting 150 ; (D) in paragraph (3), by striking 170 and inserting 171 ; and (E) in paragraph (4), by striking 62 and inserting 64 ; and (2) by redesignating the second subsection designated as subsection (i) as subsection (j). (c) Repeal of exclusion of officers serving as lead special trial counsel from limitations on authorized strengths \nSection 506 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 is hereby repealed.", "id": "id4821ECFADBB141F8B6D9E9724305A0B5", "header": "Authorized strength: general and flag officers on active duty", "nested": [ { "text": "(a) Repeal of obsolete authority; redesignation \nChapter 32 of title 10, United States Code, is amended— (1) by repealing section 526; (2) by redesignating section 526a as section 526; (3) in the table of sections for such chapter, by striking the item relating to section 526a; and (4) in the section heading for section 526, as redesignated by paragraph (2), by striking after December 31, 2022.", "id": "idf3c58497f7044a158ac32b43bf7930e4", "header": "Repeal of obsolete authority; redesignation", "nested": [], "links": [ { "text": "Chapter 32", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/32" } ] }, { "text": "(b) Increased authorized strength \nSection 526 of title 10, United States Code, as redesignated and amended by subsection (a), is further amended— (1) in subsection (a)— (A) by striking after December 31, 2022, ; (B) in paragraph (1), by striking 218 and inserting 219 ; (C) in paragraph (2), by striking 149 and inserting 150 ; (D) in paragraph (3), by striking 170 and inserting 171 ; and (E) in paragraph (4), by striking 62 and inserting 64 ; and (2) by redesignating the second subsection designated as subsection (i) as subsection (j).", "id": "idc2f865cd77bc4b9696e41752bf13a7a9", "header": "Increased authorized strength", "nested": [], "links": [] }, { "text": "(c) Repeal of exclusion of officers serving as lead special trial counsel from limitations on authorized strengths \nSection 506 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 is hereby repealed.", "id": "id427d6a5b060b4bb68f80511aaa459939", "header": "Repeal of exclusion of officers serving as lead special trial counsel from limitations on authorized strengths", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 32", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/32" } ] }, { "text": "502. Prohibition on appointment or nomination of certain officers who are subject to special selection review boards \n(a) Officers on active-duty list \nSection 628a(a)(2)(B) of title 10, United States Code, is amended to read as follows: (B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable.. (b) Officers on reserve active-status list \nSection 14502a(a)(2)(B) of title 10, United States Code, is amended to read as follows: (B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable..", "id": "IDa5950e803c764aabbe27712ca129f4c0", "header": "Prohibition on appointment or nomination of certain officers who are subject to special selection review boards", "nested": [ { "text": "(a) Officers on active-duty list \nSection 628a(a)(2)(B) of title 10, United States Code, is amended to read as follows: (B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable..", "id": "ideeaa6a8959614456880555b63f24469a", "header": "Officers on active-duty list", "nested": [], "links": [] }, { "text": "(b) Officers on reserve active-status list \nSection 14502a(a)(2)(B) of title 10, United States Code, is amended to read as follows: (B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable..", "id": "idddfc16845d264b7a90389d4b75f4486b", "header": "Officers on reserve active-status list", "nested": [], "links": [] } ], "links": [] }, { "text": "503. Exclusion of officers who are licensed behavioral health providers from limitations on active duty commissioned officer end strengths \nSection 523(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: (10) Officers who are licensed behavioral health providers, including clinical psychologists, social workers, and mental health nurse practitioners..", "id": "IDe72c6f6baa704327b3af2eb55142df75", "header": "Exclusion of officers who are licensed behavioral health providers from limitations on active duty commissioned officer end strengths", "nested": [], "links": [] }, { "text": "504. Updating authority to authorize promotion transfers between components of the same service or a different service \n(a) Warrant officers transferred between components within the same or a different uniformed service \nSection 578 of title 10, United States Code, is amended by adding at the end the following new subsection: (g) Notwithstanding subsection (d), and subject to regulations prescribed by the Secretary of Defense, in the case of a warrant officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the warrant officer’s name on the applicable promotion list is approved for transfer to a new component within the same or a different uniformed service, the Secretary concerned may place the warrant officer’s name on a corresponding promotion list of the new component without regard to the warrant officer’s competitive category. A warrant officer’s promotion under this subsection shall be made pursuant to section 12242 of this title.. (b) Officers transferred to reserve active status list \n(1) In general \nSection 624 of such title is amended by adding at the end the following new subsections: (e) Notwithstanding subsection (a)(2), in the case of an officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the officer’s name on the applicable promotion list is approved for transfer to the reserve active status list of the same or a different uniformed service, the Secretary concerned may place the officer’s name on a corresponding promotion list on the reserve active-status list without regard to the officer’s competitive category. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title. (f) Notwithstanding subsection (a)(3), in the case of an officer who is placed on an all-fully-qualified-officers list, and is subsequently approved for transfer to the reserve active status list, the Secretary concerned may place the officer’s name on an appropriate all-fully-qualified-officers list on the reserve active status list. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title.. (2) Date of rank \nSection 14308(c) of such title is amended— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: (3) The Secretary concerned may adjust the date of rank of an officer whose name is placed on a reserve active status promotion list pursuant to subsection (e) or (f) of section 624 of this title..", "id": "idBFFF3EB210174BD296F33E09CBC3E3A3", "header": "Updating authority to authorize promotion transfers between components of the same service or a different service", "nested": [ { "text": "(a) Warrant officers transferred between components within the same or a different uniformed service \nSection 578 of title 10, United States Code, is amended by adding at the end the following new subsection: (g) Notwithstanding subsection (d), and subject to regulations prescribed by the Secretary of Defense, in the case of a warrant officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the warrant officer’s name on the applicable promotion list is approved for transfer to a new component within the same or a different uniformed service, the Secretary concerned may place the warrant officer’s name on a corresponding promotion list of the new component without regard to the warrant officer’s competitive category. A warrant officer’s promotion under this subsection shall be made pursuant to section 12242 of this title..", "id": "id703505e624414906964f022a09a56c4e", "header": "Warrant officers transferred between components within the same or a different uniformed service", "nested": [], "links": [] }, { "text": "(b) Officers transferred to reserve active status list \n(1) In general \nSection 624 of such title is amended by adding at the end the following new subsections: (e) Notwithstanding subsection (a)(2), in the case of an officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the officer’s name on the applicable promotion list is approved for transfer to the reserve active status list of the same or a different uniformed service, the Secretary concerned may place the officer’s name on a corresponding promotion list on the reserve active-status list without regard to the officer’s competitive category. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title. (f) Notwithstanding subsection (a)(3), in the case of an officer who is placed on an all-fully-qualified-officers list, and is subsequently approved for transfer to the reserve active status list, the Secretary concerned may place the officer’s name on an appropriate all-fully-qualified-officers list on the reserve active status list. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title.. (2) Date of rank \nSection 14308(c) of such title is amended— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: (3) The Secretary concerned may adjust the date of rank of an officer whose name is placed on a reserve active status promotion list pursuant to subsection (e) or (f) of section 624 of this title..", "id": "id544b8831e3014b72b17dd6d42312feae", "header": "Officers transferred to reserve active status list", "nested": [], "links": [] } ], "links": [] }, { "text": "505. Effect of failure of selection for promotion \n(a) Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieutenants and lieutenant commanders of the Navy \n(1) In general \nSection 632 of title 10, United States Code, is amended— (A) in the section heading, by striking and Marine Corps and inserting Marine Corps, and Space Force ; (B) in subsection (a)(1), by striking President approves the report of the board which considered him for the second time and inserting Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public. (2) Clerical amendment \nThe table of sections at the beginning of chapter 36 of title 10, United States Code, is amended by striking the item relating to section 632 and inserting the following new item: 632. Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieutenants and lieutenant commanders of the Navy.. (b) Retirement of regular officers of the Navy for length of service or failure of selection for promotion \nSection 8372(a)(2)(A) of title 10, United States Code, is amended by striking President approves the report of the board which considered him for the second time and inserting Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public.", "id": "idEC34B52674354201A7FE11502A873DA2", "header": "Effect of failure of selection for promotion", "nested": [ { "text": "(a) Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieutenants and lieutenant commanders of the Navy \n(1) In general \nSection 632 of title 10, United States Code, is amended— (A) in the section heading, by striking and Marine Corps and inserting Marine Corps, and Space Force ; (B) in subsection (a)(1), by striking President approves the report of the board which considered him for the second time and inserting Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public. (2) Clerical amendment \nThe table of sections at the beginning of chapter 36 of title 10, United States Code, is amended by striking the item relating to section 632 and inserting the following new item: 632. Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieutenants and lieutenant commanders of the Navy..", "id": "id1b95f1f95a4443af9eed13ee747d1a51", "header": "Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieutenants and lieutenant commanders of the Navy", "nested": [], "links": [ { "text": "chapter 36", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/36" } ] }, { "text": "(b) Retirement of regular officers of the Navy for length of service or failure of selection for promotion \nSection 8372(a)(2)(A) of title 10, United States Code, is amended by striking President approves the report of the board which considered him for the second time and inserting Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public.", "id": "idf403628e86294b00b42d8f9c54c535cb", "header": "Retirement of regular officers of the Navy for length of service or failure of selection for promotion", "nested": [], "links": [] } ], "links": [ { "text": "chapter 36", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/36" } ] }, { "text": "506. Permanent authority to order retired members to active duty in high-demand, low-density appointments \n(a) In general \nSection 688a of title 10, United States Code, is amended— (1) in the section heading, by striking Retired aviators: temporary authority and inserting Authority ; (2) by striking subsection (f); (3) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; and (4) in subsection (f), as redesignated by paragraph (3), by striking limitations in subsections (c) and (f) and inserting limitation in subsection (c). (b) Clerical amendment \nThe table of sections at the beginning of chapter 39 of title 10, United States Code, is amended by striking the item relating to section 688a and inserting the following new item: 688a. Authority to order to active duty in high-demand, low-density assignments..", "id": "id79D665B4D8C246B2AD230A863C2FF201", "header": "Permanent authority to order retired members to active duty in high-demand, low-density appointments", "nested": [ { "text": "(a) In general \nSection 688a of title 10, United States Code, is amended— (1) in the section heading, by striking Retired aviators: temporary authority and inserting Authority ; (2) by striking subsection (f); (3) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; and (4) in subsection (f), as redesignated by paragraph (3), by striking limitations in subsections (c) and (f) and inserting limitation in subsection (c).", "id": "id8e1ac271911a4d2c967dda24a9ca6e3c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of chapter 39 of title 10, United States Code, is amended by striking the item relating to section 688a and inserting the following new item: 688a. Authority to order to active duty in high-demand, low-density assignments..", "id": "idECB26BA8E095446FA3315D5562355D27", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 39", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/39" } ] } ], "links": [ { "text": "chapter 39", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/39" } ] }, { "text": "507. Waiver authority expansion for the extension of service obligation for Marine Corps cyberspace operations officers \n(a) Required service \nSection 651(c) of title 10, United States Code, is amended— (1) in paragraph (1), by inserting or in the case of an unrestricted officer designated within a cyberspace occupational specialty before the period at the end; and (2) in paragraph (2)— (A) in subparagraph (A), by striking ; or and inserting a semicolon; (B) in subparagraph (B), by striking the period and inserting ; or ; and (C) by adding at the end the following new subparagraph: (C) in the case of an unrestricted officer who has been designated with a cyberspace occupational specialty, the period of obligated service specified in such contract or agreement.. (b) Minimum service requirement for certain cyberspace occupational specialties \n(1) In general \nChapter 37 of title 10, United States Code, is amended by inserting after section 653 the new following section: 654. Minimum service requirement for certain cyberspace occupational specialties \n(a) Cyberspace operations officer \nThe minimum service obligation for any member who successfully completes training in the armed forces in direct accession to the cyberspace operations officer occupational specialty of the Marine Corps shall be 8 years. (b) Service obligation defined \nIn this section, the term service obligation means the period of active duty or, in the case of a member of a reserve component who completed cyberspace operations training in an active duty for training status as a member of a reserve component, the period of service in an active status in the Selected Reserve, required to be served after completion of cyberspace operations training.. (2) Table of sections amendment \nThe table of sections at the beginning of such chapter 37 is amended by inserting after the item relating to section 653 the following new item: 654. Minimum service requirement for certain cyberspace occupational specialties..", "id": "idF8BCAAADAC774F31890EFAD5FDF596C8", "header": "Waiver authority expansion for the extension of service obligation for Marine Corps cyberspace operations officers", "nested": [ { "text": "(a) Required service \nSection 651(c) of title 10, United States Code, is amended— (1) in paragraph (1), by inserting or in the case of an unrestricted officer designated within a cyberspace occupational specialty before the period at the end; and (2) in paragraph (2)— (A) in subparagraph (A), by striking ; or and inserting a semicolon; (B) in subparagraph (B), by striking the period and inserting ; or ; and (C) by adding at the end the following new subparagraph: (C) in the case of an unrestricted officer who has been designated with a cyberspace occupational specialty, the period of obligated service specified in such contract or agreement..", "id": "idaaf54fa62b484ca28dd29bb56183395b", "header": "Required service", "nested": [], "links": [] }, { "text": "(b) Minimum service requirement for certain cyberspace occupational specialties \n(1) In general \nChapter 37 of title 10, United States Code, is amended by inserting after section 653 the new following section: 654. Minimum service requirement for certain cyberspace occupational specialties \n(a) Cyberspace operations officer \nThe minimum service obligation for any member who successfully completes training in the armed forces in direct accession to the cyberspace operations officer occupational specialty of the Marine Corps shall be 8 years. (b) Service obligation defined \nIn this section, the term service obligation means the period of active duty or, in the case of a member of a reserve component who completed cyberspace operations training in an active duty for training status as a member of a reserve component, the period of service in an active status in the Selected Reserve, required to be served after completion of cyberspace operations training.. (2) Table of sections amendment \nThe table of sections at the beginning of such chapter 37 is amended by inserting after the item relating to section 653 the following new item: 654. Minimum service requirement for certain cyberspace occupational specialties..", "id": "id17e094b576474fc8be5cba05bdc9711e", "header": "Minimum service requirement for certain cyberspace occupational specialties", "nested": [], "links": [ { "text": "Chapter 37", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/37" }, { "text": "section 653", "legal-doc": "usc", "parsable-cite": "usc/10/653" } ] } ], "links": [ { "text": "Chapter 37", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/37" }, { "text": "section 653", "legal-doc": "usc", "parsable-cite": "usc/10/653" } ] }, { "text": "654. Minimum service requirement for certain cyberspace occupational specialties \n(a) Cyberspace operations officer \nThe minimum service obligation for any member who successfully completes training in the armed forces in direct accession to the cyberspace operations officer occupational specialty of the Marine Corps shall be 8 years. (b) Service obligation defined \nIn this section, the term service obligation means the period of active duty or, in the case of a member of a reserve component who completed cyberspace operations training in an active duty for training status as a member of a reserve component, the period of service in an active status in the Selected Reserve, required to be served after completion of cyberspace operations training.", "id": "id58608fb09d4948cdaf98a1158f5d017a", "header": "Minimum service requirement for certain cyberspace occupational specialties", "nested": [ { "text": "(a) Cyberspace operations officer \nThe minimum service obligation for any member who successfully completes training in the armed forces in direct accession to the cyberspace operations officer occupational specialty of the Marine Corps shall be 8 years.", "id": "idaf0cb89b764849d38eb6c526de5317e4", "header": "Cyberspace operations officer", "nested": [], "links": [] }, { "text": "(b) Service obligation defined \nIn this section, the term service obligation means the period of active duty or, in the case of a member of a reserve component who completed cyberspace operations training in an active duty for training status as a member of a reserve component, the period of service in an active status in the Selected Reserve, required to be served after completion of cyberspace operations training.", "id": "idf10f89b736614872b752b84e771626d3", "header": "Service obligation defined", "nested": [], "links": [] } ], "links": [] }, { "text": "508. Removal of active duty prohibition for members of the Air Force Reserve Policy Committee \nSection 10305 of title 10, United States Code, is amended― (1) in subsection (b), by striking not on active duty both places it appears; and (2) in subsection (c)— (A) by inserting of the reserve components after among the members ; and (B) by striking not on active duty.", "id": "id7FA267263475441992E488EACC42C92A", "header": "Removal of active duty prohibition for members of the Air Force Reserve Policy Committee", "nested": [], "links": [] }, { "text": "509. Extension of authority to vary number of Space Force officers considered for promotion to major general \nSubsection (b) of section 503 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1680) is amended by striking shall terminate on December 31, 2022 and inserting shall terminate on December 31, 2024.", "id": "id4B0A082C567F49E79D8B83E03EE21393", "header": "Extension of authority to vary number of Space Force officers considered for promotion to major general", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "510. Realignment of Navy spot-promotion quotas \nSection 605(g)(4)(B) of title 10, United States Code, is amended by striking 325 and inserting 425.", "id": "id53AC9C97218C42509ED9853ED94E580B", "header": "Realignment of Navy spot-promotion quotas", "nested": [], "links": [] }, { "text": "511. Modification of limitation on promotion selection board rates \nSection 616 of title 10, United States Code, is amended— (1) in subsection (d)— (A) by striking The number and inserting (1) Except as provided in paragraph (2), the number ; and (B) by adding at the end the following new paragraph: (2) If a promotion zone established under section 623 of this title includes less than 50 officers and is established with respect to promotions to a grade below the grade of colonel or Navy captain, the Secretary concerned may authorize selection boards convened under section 611(a) of this title to recommend for promotion a number equal to not more than 100 percent of the number of officers included in such promotion zone. ; and (2) in subsection (e), by striking unless he and inserting unless the officer.", "id": "idC2469DF983BE4B4CA8345D6854A2E449", "header": "Modification of limitation on promotion selection board rates", "nested": [], "links": [] }, { "text": "512. Time in grade requirements \nSection 1305 of title 10, United States Code, is amended— (1) in subsection (a)(3), by inserting or a Marine Corps Marine Gunner warrant officer in such grade, after chief warrant officer, W–5, ; (2) in subsection (b), by striking when he and inserting when the warrant officer ; and (3) in subsection (c)— (A) by striking as he and inserting as the Secretary concerned ; and (B) by striking after he and inserting after the warrant officer.", "id": "id988AB75AFA4441EAA04D82BCCD8657BB", "header": "Time in grade requirements", "nested": [], "links": [] }, { "text": "513. Flexibility in determining terms of appointment for certain senior officer positions \n(a) In general \nChapter 35 of title 10, United States Code, is amended by inserting after section 601 the following new section: 602. Flexibility in determining terms of appointment for certain senior officer positions \nThe Secretary of Defense may extend or reduce the duration of an appointment made under section 152, 154, 7033, 8033, 8043, 9033, and 9082 of this title by up to six months if the Secretary determines that such an extension or reduction is necessary either in the interests of national defense, or to ensure an appropriate staggering of terms of senior military leadership.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 35 of title 10, United States Code, is amended by inserting after the item relating to section 601 the following new item: 602. Flexibility in determining terms of appointment for certain senior officer positions..", "id": "id4b53b2852cab4e6cbc9e28271e360efd", "header": "Flexibility in determining terms of appointment for certain senior officer positions", "nested": [ { "text": "(a) In general \nChapter 35 of title 10, United States Code, is amended by inserting after section 601 the following new section: 602. Flexibility in determining terms of appointment for certain senior officer positions \nThe Secretary of Defense may extend or reduce the duration of an appointment made under section 152, 154, 7033, 8033, 8043, 9033, and 9082 of this title by up to six months if the Secretary determines that such an extension or reduction is necessary either in the interests of national defense, or to ensure an appropriate staggering of terms of senior military leadership..", "id": "id080a1c7290484d9f9def2e82c272880b", "header": "In general", "nested": [], "links": [ { "text": "Chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/35" }, { "text": "section 601", "legal-doc": "usc", "parsable-cite": "usc/10/601" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of chapter 35 of title 10, United States Code, is amended by inserting after the item relating to section 601 the following new item: 602. Flexibility in determining terms of appointment for certain senior officer positions..", "id": "id3F80263A962545EA849C40CBEF7815CC", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/35" }, { "text": "section 601", "legal-doc": "usc", "parsable-cite": "usc/10/601" } ] } ], "links": [ { "text": "Chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/35" }, { "text": "section 601", "legal-doc": "usc", "parsable-cite": "usc/10/601" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/35" }, { "text": "section 601", "legal-doc": "usc", "parsable-cite": "usc/10/601" } ] }, { "text": "602. Flexibility in determining terms of appointment for certain senior officer positions \nThe Secretary of Defense may extend or reduce the duration of an appointment made under section 152, 154, 7033, 8033, 8043, 9033, and 9082 of this title by up to six months if the Secretary determines that such an extension or reduction is necessary either in the interests of national defense, or to ensure an appropriate staggering of terms of senior military leadership.", "id": "id5B4D889A7DD74D5C85AB1DA79FC88A1B", "header": "Flexibility in determining terms of appointment for certain senior officer positions", "nested": [], "links": [] }, { "text": "521. Alternative promotion authority for reserve officers in designated competitive categories \n(a) In general \nPart III of subtitle E of title 10, United States Code, is amended by adding at the end the following new chapter: 1413 Alternative promotion authority for officers in designated competitive categories \nSec. 15101. Officers in designated competitive categories. 15102. Selection for promotion. 15103. Eligibility for consideration for promotion. 15104. Opportunities for consideration for promotion. 15105. Promotions. 15106. Failure of selection for promotion. 15107. Retirement: retirement for years of service; selective early retirement. 15108. Continuation on the Reserve Active-Status List. 15109. Other administrative authorities. 15110. Regulations. 15101. Officers in designated competitive categories \n(a) Authority to designate competitive categories of officers \nEach Secretary of a military department may designate one or more competitive categories for promotion of officers under section 14005 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on the reserve active-status list shall be subject to the provisions of this chapter. (b) Limitation on exercise of authority \nThe Secretary of a military department may not designate a competitive category of officers for purposes of this chapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following: (1) A detailed description of officer requirements for officers within the competitive category. (2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category. (3) An estimate of the size of the promotion zone for each grade within the competitive category. (4) A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this chapter. 15102. Selection for promotion \n(a) In general \nExcept as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions under chapter 1403 of this title. (b) No recommendation for promotion of officers below promotion zone \nSection 14301(d) of this title shall not apply to the selection for promotion of officers described in subsection (a). (c) Recommendation for officers to be excluded from future consideration for promotion \nIn making recommendations pursuant to chapter 1403 of this title for purposes of the administration of this chapter, a selection board convened under section 14101(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter. 15103. Eligibility for consideration for promotion \n(a) In general \nExcept as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions of sections 14301, 14303, and 14304 of this title. (b) Inapplicability of certain time-in-grade requirements \nSections 14303 and 14304 of this title shall not apply to the promotion of officers described in subsection (a). (c) Inapplicability to officers above and below promotion zone \nThe following provisions of this title shall not apply to the promotion of officers described in subsection (a): (1) The reference in section 14301(b) to an officer above the promotion zone. (2) Section 14301(d). (d) Ineligibility of certain officers \nThe following officers are not eligible for promotion under this chapter: (1) An officer described in section 14301(c) of this title. (2) An officer not included within the promotion zone. (3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 15104 of this title. (4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 15102(c) of this title. 15104. Opportunities for consideration for promotion \n(a) Specification of number of opportunities for consideration for promotion \nIn designating a competitive category of officers pursuant to section 15101 of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable. (b) Limited authority of secretary of military department to modify number of opportunities \nThe Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) of this subsection, not more frequently than once every five years. (c) Discretionary authority of Secretary of defense to modify number of opportunities \nThe Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary. (d) Limitation on number of opportunities specified \nThe number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities. (e) Effect of certain reduction in number of opportunities specified \nIf, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction. 15105. Promotions \nSections 14307 through 14317 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this chapter. 15106. Failure of selection for promotion \n(a) In general \nExcept as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter. (b) Inapplicability of failure of selection for promotion to officers above promotion zone \nThe reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a). (c) Special selection board matters \nThe reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a). (d) Effect of failure of selection \nIn the administration of this chapter pursuant to subsection (a)— (1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 15104 of this title; and (2) any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 15104. 15107. Retirement: retirement for years of service; selective early retirement \n(a) Retirement for years of service \nSections 14507 through 14515 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this chapter. (b) Selective early retirement \nSection 14101(b) of this title shall apply to the retirement of officers described in subsection (a). 15108. Continuation on the Reserve Active-Status List \nSections 14701 through 14703 of this title shall apply in continuation or retention on a reserve active-status list of officers designated for purposes of this chapter. 15109. Other administrative authorities \n(a) In general \nThe following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this chapter: (1) Section 14518, relating to continuation of officers to complete disciplinary action. (2) Section 14519, relating to deferment of retirement or separation for medical reasons. (3) Section 14704, relating to the selective early removal from the reserve active-status list. (4) Section 14705, relating to the selective early retirement of reserve general and flag officers of the Navy and Marine Corps. 15110. Regulations \nThe Secretary of Defense shall prescribe regulations regarding the administration of this chapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other chapters of this part of the title shall be used in the administration of this chapter in accordance with the provisions of this chapter.. (b) Table of chapters amendment \nThe table of chapters at the beginning of part III of subtitle E of title 10, United States Code, is amended by adding at the end the following new item: 1413. Alternative promotion authority for officers in designated competitive categories 15101.", "id": "id4D2C18780AB24023A3991AC5D9AF2BF9", "header": "Alternative promotion authority for reserve officers in designated competitive categories", "nested": [ { "text": "(a) In general \nPart III of subtitle E of title 10, United States Code, is amended by adding at the end the following new chapter: 1413 Alternative promotion authority for officers in designated competitive categories \nSec. 15101. Officers in designated competitive categories. 15102. Selection for promotion. 15103. Eligibility for consideration for promotion. 15104. Opportunities for consideration for promotion. 15105. Promotions. 15106. Failure of selection for promotion. 15107. Retirement: retirement for years of service; selective early retirement. 15108. Continuation on the Reserve Active-Status List. 15109. Other administrative authorities. 15110. Regulations. 15101. Officers in designated competitive categories \n(a) Authority to designate competitive categories of officers \nEach Secretary of a military department may designate one or more competitive categories for promotion of officers under section 14005 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on the reserve active-status list shall be subject to the provisions of this chapter. (b) Limitation on exercise of authority \nThe Secretary of a military department may not designate a competitive category of officers for purposes of this chapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following: (1) A detailed description of officer requirements for officers within the competitive category. (2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category. (3) An estimate of the size of the promotion zone for each grade within the competitive category. (4) A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this chapter. 15102. Selection for promotion \n(a) In general \nExcept as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions under chapter 1403 of this title. (b) No recommendation for promotion of officers below promotion zone \nSection 14301(d) of this title shall not apply to the selection for promotion of officers described in subsection (a). (c) Recommendation for officers to be excluded from future consideration for promotion \nIn making recommendations pursuant to chapter 1403 of this title for purposes of the administration of this chapter, a selection board convened under section 14101(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter. 15103. Eligibility for consideration for promotion \n(a) In general \nExcept as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions of sections 14301, 14303, and 14304 of this title. (b) Inapplicability of certain time-in-grade requirements \nSections 14303 and 14304 of this title shall not apply to the promotion of officers described in subsection (a). (c) Inapplicability to officers above and below promotion zone \nThe following provisions of this title shall not apply to the promotion of officers described in subsection (a): (1) The reference in section 14301(b) to an officer above the promotion zone. (2) Section 14301(d). (d) Ineligibility of certain officers \nThe following officers are not eligible for promotion under this chapter: (1) An officer described in section 14301(c) of this title. (2) An officer not included within the promotion zone. (3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 15104 of this title. (4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 15102(c) of this title. 15104. Opportunities for consideration for promotion \n(a) Specification of number of opportunities for consideration for promotion \nIn designating a competitive category of officers pursuant to section 15101 of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable. (b) Limited authority of secretary of military department to modify number of opportunities \nThe Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) of this subsection, not more frequently than once every five years. (c) Discretionary authority of Secretary of defense to modify number of opportunities \nThe Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary. (d) Limitation on number of opportunities specified \nThe number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities. (e) Effect of certain reduction in number of opportunities specified \nIf, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction. 15105. Promotions \nSections 14307 through 14317 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this chapter. 15106. Failure of selection for promotion \n(a) In general \nExcept as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter. (b) Inapplicability of failure of selection for promotion to officers above promotion zone \nThe reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a). (c) Special selection board matters \nThe reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a). (d) Effect of failure of selection \nIn the administration of this chapter pursuant to subsection (a)— (1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 15104 of this title; and (2) any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 15104. 15107. Retirement: retirement for years of service; selective early retirement \n(a) Retirement for years of service \nSections 14507 through 14515 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this chapter. (b) Selective early retirement \nSection 14101(b) of this title shall apply to the retirement of officers described in subsection (a). 15108. Continuation on the Reserve Active-Status List \nSections 14701 through 14703 of this title shall apply in continuation or retention on a reserve active-status list of officers designated for purposes of this chapter. 15109. Other administrative authorities \n(a) In general \nThe following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this chapter: (1) Section 14518, relating to continuation of officers to complete disciplinary action. (2) Section 14519, relating to deferment of retirement or separation for medical reasons. (3) Section 14704, relating to the selective early removal from the reserve active-status list. (4) Section 14705, relating to the selective early retirement of reserve general and flag officers of the Navy and Marine Corps. 15110. Regulations \nThe Secretary of Defense shall prescribe regulations regarding the administration of this chapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other chapters of this part of the title shall be used in the administration of this chapter in accordance with the provisions of this chapter..", "id": "id30a3e888cc574a22902933083c5a549c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Table of chapters amendment \nThe table of chapters at the beginning of part III of subtitle E of title 10, United States Code, is amended by adding at the end the following new item: 1413. Alternative promotion authority for officers in designated competitive categories 15101.", "id": "idd3ec4a6f18a74fe0ac849cd142431751", "header": "Table of chapters amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "15101. Officers in designated competitive categories \n(a) Authority to designate competitive categories of officers \nEach Secretary of a military department may designate one or more competitive categories for promotion of officers under section 14005 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on the reserve active-status list shall be subject to the provisions of this chapter. (b) Limitation on exercise of authority \nThe Secretary of a military department may not designate a competitive category of officers for purposes of this chapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following: (1) A detailed description of officer requirements for officers within the competitive category. (2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category. (3) An estimate of the size of the promotion zone for each grade within the competitive category. (4) A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this chapter.", "id": "id1a0ccee5410c42a3bee2233966945a14", "header": "Officers in designated competitive categories", "nested": [ { "text": "(a) Authority to designate competitive categories of officers \nEach Secretary of a military department may designate one or more competitive categories for promotion of officers under section 14005 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on the reserve active-status list shall be subject to the provisions of this chapter.", "id": "id2d6ceec2b1814a9ba5ef89193f52631d", "header": "Authority to designate competitive categories of officers", "nested": [], "links": [] }, { "text": "(b) Limitation on exercise of authority \nThe Secretary of a military department may not designate a competitive category of officers for purposes of this chapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following: (1) A detailed description of officer requirements for officers within the competitive category. (2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category. (3) An estimate of the size of the promotion zone for each grade within the competitive category. (4) A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this chapter.", "id": "idb253cb59a71c435f804fe9213f349f36", "header": "Limitation on exercise of authority", "nested": [], "links": [] } ], "links": [] }, { "text": "15102. Selection for promotion \n(a) In general \nExcept as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions under chapter 1403 of this title. (b) No recommendation for promotion of officers below promotion zone \nSection 14301(d) of this title shall not apply to the selection for promotion of officers described in subsection (a). (c) Recommendation for officers to be excluded from future consideration for promotion \nIn making recommendations pursuant to chapter 1403 of this title for purposes of the administration of this chapter, a selection board convened under section 14101(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter.", "id": "idb3cdbff2202941a6bb135c61e7f26b21", "header": "Selection for promotion", "nested": [ { "text": "(a) In general \nExcept as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions under chapter 1403 of this title.", "id": "id5bec0180e4b246e4bb907d2edda6b56a", "header": "In general", "nested": [], "links": [] }, { "text": "(b) No recommendation for promotion of officers below promotion zone \nSection 14301(d) of this title shall not apply to the selection for promotion of officers described in subsection (a).", "id": "id62ae7ebec4c94dfb85e01e94518bd9dc", "header": "No recommendation for promotion of officers below promotion zone", "nested": [], "links": [] }, { "text": "(c) Recommendation for officers to be excluded from future consideration for promotion \nIn making recommendations pursuant to chapter 1403 of this title for purposes of the administration of this chapter, a selection board convened under section 14101(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter.", "id": "id5f889252f26c43c9b3b829f398cd1464", "header": "Recommendation for officers to be excluded from future consideration for promotion", "nested": [], "links": [] } ], "links": [] }, { "text": "15103. Eligibility for consideration for promotion \n(a) In general \nExcept as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions of sections 14301, 14303, and 14304 of this title. (b) Inapplicability of certain time-in-grade requirements \nSections 14303 and 14304 of this title shall not apply to the promotion of officers described in subsection (a). (c) Inapplicability to officers above and below promotion zone \nThe following provisions of this title shall not apply to the promotion of officers described in subsection (a): (1) The reference in section 14301(b) to an officer above the promotion zone. (2) Section 14301(d). (d) Ineligibility of certain officers \nThe following officers are not eligible for promotion under this chapter: (1) An officer described in section 14301(c) of this title. (2) An officer not included within the promotion zone. (3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 15104 of this title. (4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 15102(c) of this title.", "id": "id3e1184d9ce064ddd8ca2782a66801231", "header": "Eligibility for consideration for promotion", "nested": [ { "text": "(a) In general \nExcept as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions of sections 14301, 14303, and 14304 of this title.", "id": "idaf952f792e0a4f1185208e82abacc1c1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Inapplicability of certain time-in-grade requirements \nSections 14303 and 14304 of this title shall not apply to the promotion of officers described in subsection (a).", "id": "id4429a8e6377841c08c5de8a8ebb2652e", "header": "Inapplicability of certain time-in-grade requirements", "nested": [], "links": [] }, { "text": "(c) Inapplicability to officers above and below promotion zone \nThe following provisions of this title shall not apply to the promotion of officers described in subsection (a): (1) The reference in section 14301(b) to an officer above the promotion zone. (2) Section 14301(d).", "id": "idde35ace8376841e39881b80667646842", "header": "Inapplicability to officers above and below promotion zone", "nested": [], "links": [] }, { "text": "(d) Ineligibility of certain officers \nThe following officers are not eligible for promotion under this chapter: (1) An officer described in section 14301(c) of this title. (2) An officer not included within the promotion zone. (3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 15104 of this title. (4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 15102(c) of this title.", "id": "id08b28cfda54548cfb1143ce2dda789c7", "header": "Ineligibility of certain officers", "nested": [], "links": [] } ], "links": [] }, { "text": "15104. Opportunities for consideration for promotion \n(a) Specification of number of opportunities for consideration for promotion \nIn designating a competitive category of officers pursuant to section 15101 of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable. (b) Limited authority of secretary of military department to modify number of opportunities \nThe Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) of this subsection, not more frequently than once every five years. (c) Discretionary authority of Secretary of defense to modify number of opportunities \nThe Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary. (d) Limitation on number of opportunities specified \nThe number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities. (e) Effect of certain reduction in number of opportunities specified \nIf, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.", "id": "id8ffad448417d462d8f790b533754a6c2", "header": "Opportunities for consideration for promotion", "nested": [ { "text": "(a) Specification of number of opportunities for consideration for promotion \nIn designating a competitive category of officers pursuant to section 15101 of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable.", "id": "ida235e72ea8c242c583eb46971f22fedc", "header": "Specification of number of opportunities for consideration for promotion", "nested": [], "links": [] }, { "text": "(b) Limited authority of secretary of military department to modify number of opportunities \nThe Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) of this subsection, not more frequently than once every five years.", "id": "id9d7ee994df1d4928af435ed561137613", "header": "Limited authority of secretary of military department to modify number of opportunities", "nested": [], "links": [] }, { "text": "(c) Discretionary authority of Secretary of defense to modify number of opportunities \nThe Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary.", "id": "id8020848c907b4a16b0ce524421ca3676", "header": "Discretionary authority of Secretary of defense to modify number of opportunities", "nested": [], "links": [] }, { "text": "(d) Limitation on number of opportunities specified \nThe number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities.", "id": "idf09f3c8a82494760a991396c0d1eef1c", "header": "Limitation on number of opportunities specified", "nested": [], "links": [] }, { "text": "(e) Effect of certain reduction in number of opportunities specified \nIf, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.", "id": "idb2934a4e4a8c4a6e9c9b49843f8f6334", "header": "Effect of certain reduction in number of opportunities specified", "nested": [], "links": [] } ], "links": [] }, { "text": "15105. Promotions \nSections 14307 through 14317 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this chapter.", "id": "id3224397430d945cd91ee732d5624f2a9", "header": "Promotions", "nested": [], "links": [] }, { "text": "15106. Failure of selection for promotion \n(a) In general \nExcept as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter. (b) Inapplicability of failure of selection for promotion to officers above promotion zone \nThe reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a). (c) Special selection board matters \nThe reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a). (d) Effect of failure of selection \nIn the administration of this chapter pursuant to subsection (a)— (1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 15104 of this title; and (2) any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 15104.", "id": "ide28c0de3e0db4658ae7229c8420360dd", "header": "Failure of selection for promotion", "nested": [ { "text": "(a) In general \nExcept as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter.", "id": "id96e58f1931354042a76ee48c34a332ce", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Inapplicability of failure of selection for promotion to officers above promotion zone \nThe reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a).", "id": "id1f4a3367dacf464788fee7d08953a9e2", "header": "Inapplicability of failure of selection for promotion to officers above promotion zone", "nested": [], "links": [] }, { "text": "(c) Special selection board matters \nThe reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).", "id": "idf530bb4cf35049f2b5ed7daedb9baf6a", "header": "Special selection board matters", "nested": [], "links": [] }, { "text": "(d) Effect of failure of selection \nIn the administration of this chapter pursuant to subsection (a)— (1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 15104 of this title; and (2) any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 15104.", "id": "ide2bb4f4858614a009586e4349a4ddb73", "header": "Effect of failure of selection", "nested": [], "links": [] } ], "links": [] }, { "text": "15107. Retirement: retirement for years of service; selective early retirement \n(a) Retirement for years of service \nSections 14507 through 14515 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this chapter. (b) Selective early retirement \nSection 14101(b) of this title shall apply to the retirement of officers described in subsection (a).", "id": "id112b725d1ce54ae6a249684aeaeb68bf", "header": "Retirement: retirement for years of service; selective early retirement", "nested": [ { "text": "(a) Retirement for years of service \nSections 14507 through 14515 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this chapter.", "id": "id97ade20750d946deb20e246917bebdfe", "header": "Retirement for years of service", "nested": [], "links": [] }, { "text": "(b) Selective early retirement \nSection 14101(b) of this title shall apply to the retirement of officers described in subsection (a).", "id": "ida0263f1bdbd44f0a95fb54066810d4e5", "header": "Selective early retirement", "nested": [], "links": [] } ], "links": [] }, { "text": "15108. Continuation on the Reserve Active-Status List \nSections 14701 through 14703 of this title shall apply in continuation or retention on a reserve active-status list of officers designated for purposes of this chapter.", "id": "idb7f6a8d3e86c4428a2b6f0cb314dd2c7", "header": "Continuation on the Reserve Active-Status List", "nested": [], "links": [] }, { "text": "15109. Other administrative authorities \n(a) In general \nThe following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this chapter: (1) Section 14518, relating to continuation of officers to complete disciplinary action. (2) Section 14519, relating to deferment of retirement or separation for medical reasons. (3) Section 14704, relating to the selective early removal from the reserve active-status list. (4) Section 14705, relating to the selective early retirement of reserve general and flag officers of the Navy and Marine Corps.", "id": "idc27a153220de443cb108f4fac94f059a", "header": "Other administrative authorities", "nested": [ { "text": "(a) In general \nThe following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this chapter: (1) Section 14518, relating to continuation of officers to complete disciplinary action. (2) Section 14519, relating to deferment of retirement or separation for medical reasons. (3) Section 14704, relating to the selective early removal from the reserve active-status list. (4) Section 14705, relating to the selective early retirement of reserve general and flag officers of the Navy and Marine Corps.", "id": "id0da9103d637f482fb85da2c8c93f32d5", "header": "In general", "nested": [], "links": [] } ], "links": [] }, { "text": "15110. Regulations \nThe Secretary of Defense shall prescribe regulations regarding the administration of this chapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other chapters of this part of the title shall be used in the administration of this chapter in accordance with the provisions of this chapter.", "id": "ida02285ca033348c98f3560652771a439", "header": "Regulations", "nested": [], "links": [] }, { "text": "522. Selected Reserve and Ready Reserve order to active duty to respond to a significant cyber incident \nSection 12304 of title 10, United States Code, is amended— (1) in subsection (a), by striking for any named operational mission ; (2) by redesignating subsections (c) through (j) as subsections (d) through (k), respectively; (3) by inserting after subsection (b) the following new subsection: (c) Significant cyber incidents \nThe Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve or Individual Ready Reserve to active duty for a continuous period of not more than 365 days when the Secretary of Defense or, with respect to the Coast Guard, the Secretary of the Department in which the Coast Guard is operating determines it is necessary to augment the active forces for the respective responses from the Department of Defense or the Department of Homeland Security to a covered incident. ; (4) in paragraph (1) of subsection (d), as redesignated by paragraph (2) of this section, by inserting or subsection (c) after subsection (b) ; (5) in subsection (h) (as so redesignated)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by striking Whenever any and inserting (1) Whenever any ; and (C) by adding at the end the following new paragraph: (2) Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under authority of subsection (c), the service of all units or members so ordered to active duty may be terminated by— (A) order of the Secretary of Defense or the Secretary of the Department in which the Coast Guard is operating; or (B) law. ; and (6) in subsection (k) (as so redesignated)— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph: (2) The term covered incident means— (A) a cyber incident involving a Department of Defense information system, or a breach of a Department of Defense system that involves personally identifiable information, that the Secretary of Defense determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States, or to the public confidence, civil liberties, or public health and safety of the people of the United States; (B) a cyber incident involving a Department of Homeland Security information system or a breach of a Department of Homeland Security system that involves personally identifiable information that the Secretary of Homeland Security determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States; (C) a cyber incident or collection of related cyber incidents that the President determines is likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States; or (D) a significant incident declared pursuant to section 2233 of the Homeland Security Act of 2002 ( 6 U.S.C. 677b )..", "id": "id5E279A8F8FDF42EFAD0E5DE649EC0D3D", "header": "Selected Reserve and Ready Reserve order to active duty to respond to a significant cyber incident", "nested": [], "links": [ { "text": "6 U.S.C. 677b", "legal-doc": "usc", "parsable-cite": "usc/6/677b" } ] }, { "text": "523. Mobilization of Selected Reserve for preplanned missions in support of the combatant commands \nSection 12304b(b)(1) of title 10, United States Code, is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by striking Units and inserting (A) Except as provided under subparagraph (B), units ; and (3) by adding at the end the following new subparagraph: (B) In the event the President's budget is delivered later than April 1st in the year prior to the year of the mobilization of one or more units under this section, the Secretary concerned may submit to Congress the information required under subparagraph (A) in a separate notice..", "id": "id47fdc8363ec546108620d75080132260", "header": "Mobilization of Selected Reserve for preplanned missions in support of the combatant commands", "nested": [], "links": [] }, { "text": "524. Alternating selection of officers of the National Guard and the Reserves as deputy commanders of certain combatant commands \nSection 164(e)(4) of title 10, United States Code, is amended— (1) by inserting (A) before At least one deputy commander ; and (2) by adding at the end the following new subparagraphs: (B) In carrying out the requirement in subparagraph (A) pertaining to the selection of an officer of the reserve component, the Secretary of Defense shall alternate between selecting an officer of the National Guard and an officer of the Reserves no less frequently than every two terms. (C) The Secretary of Defense may waive the requirement under subparagraph (B) regarding the alternating selection of reserve component officers if the Secretary of Defense determines that such action is in the national interest..", "id": "id7c1bc46908524c83892d077f85fc2610", "header": "Alternating selection of officers of the National Guard and the Reserves as deputy commanders of certain combatant commands", "nested": [], "links": [] }, { "text": "525. Grade of Vice Chief of the National Guard Bureau \nSection 10505 of title 10, United States Code, is amended by adding at the end the following new subsection: (c) Grade and Exclusion From General and Flag Officer Authorized Strength \n(1) The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general. (2) The Secretary of Defense shall designate, pursuant to subsection (b) of section 526a of this title, the position of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section..", "id": "id2B47C4C845F24E1AA0FDDF062FD12120", "header": "Grade of Vice Chief of the National Guard Bureau", "nested": [], "links": [] }, { "text": "531. Modification of limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level \nSection 520(a) of title 10, United States Code, is amended— (1) by striking The number of persons and inserting (1) The number of persons ; (2) by striking may not exceed 20 percent and inserting may not exceed 4 percent ; and (3) by adding at the end the following new paragraph: (2) Upon the request of the Secretary concerned, the Secretary of Defense may authorize an armed force to increase the limitation specified in paragraph (1) to not exceed 20 percent of the total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in such armed forced during such fiscal year. The Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 30 days after using such authority..", "id": "id74E2CD34E916433784ECE6B3015952AD", "header": "Modification of limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level", "nested": [], "links": [] }, { "text": "532. Non-medical counseling services for military families \nSection 1781 of title 10, United States Code, is amended by adding at the end the following new subsection: (d) Non-medical counseling services \n(1) In carrying out its duties under subsection (b), the Office may coordinate programs and activities to provide non-medical counseling services to military families through the Department of Defense Military and Family Life Counseling Program. (2) A mental health care professional described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the professional or recipient of such services is located or delivery of such services is provided (including face-to-face and telehealth), if the provision of such services is within the scope of the authorized Federal duties of the professional. (3) A non-medical mental health professional described in this subsection is a person who is— (A) a currently licensed mental health care provider who holds a license that is— (i) issued by a State, the District of Columbia, or a territory or possession of the United States; and (ii) recognized by the Secretary of Defense as an appropriate license for the provision of non-medical counseling services; (B) a member of the armed forces, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and (C) performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1). (4) The authority under this subsection shall terminate three years after the date of the enactment of this subsection. (5) In this subsection, the term non-medical counseling services means mental health care services that are non-clinical, short-term and solution focused, and address topics related to personal growth, development, and positive functioning..", "id": "id5D55E39B2FED4FC787D06D5FE0851EB4", "header": "Non-medical counseling services for military families", "nested": [], "links": [] }, { "text": "533. Primacy of needs of the service in determining individual duty assignments \n(a) In general \nChapter 39 of title 10, United States Code, is amended by inserting after section 674 the following new section: 675. Primacy of needs of the service in determining individual duty assignments \n(a) In general \nThe Secretaries of the military departments shall make duty assignments of individual members based on the needs of the military services. (b) Assignments based on service needs \nA servicemember’s opinion on State laws shall not take precedence over the needs of the military services in determining individual duty assignments. (c) Rule of construction \nNothing in this section shall be construed as prohibiting the Secretaries of the military departments from considering the general preferences of members of the armed forces in making determinations about individual duty assignments.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 674 the following new item: 675. Primacy of needs of the service in determining individual duty assignments..", "id": "id1fceb963e7fa48e4926582c47d8d9a15", "header": "Primacy of needs of the service in determining individual duty assignments", "nested": [ { "text": "(a) In general \nChapter 39 of title 10, United States Code, is amended by inserting after section 674 the following new section: 675. Primacy of needs of the service in determining individual duty assignments \n(a) In general \nThe Secretaries of the military departments shall make duty assignments of individual members based on the needs of the military services. (b) Assignments based on service needs \nA servicemember’s opinion on State laws shall not take precedence over the needs of the military services in determining individual duty assignments. (c) Rule of construction \nNothing in this section shall be construed as prohibiting the Secretaries of the military departments from considering the general preferences of members of the armed forces in making determinations about individual duty assignments..", "id": "ide7f3ac25b20d4dfeb1a9ba12156a2b1a", "header": "In general", "nested": [], "links": [ { "text": "Chapter 39", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/39" }, { "text": "section 674", "legal-doc": "usc", "parsable-cite": "usc/10/674" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 674 the following new item: 675. Primacy of needs of the service in determining individual duty assignments..", "id": "id34ED8326C4754FD2B962EF2169743170", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 39", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/39" }, { "text": "section 674", "legal-doc": "usc", "parsable-cite": "usc/10/674" } ] }, { "text": "675. Primacy of needs of the service in determining individual duty assignments \n(a) In general \nThe Secretaries of the military departments shall make duty assignments of individual members based on the needs of the military services. (b) Assignments based on service needs \nA servicemember’s opinion on State laws shall not take precedence over the needs of the military services in determining individual duty assignments. (c) Rule of construction \nNothing in this section shall be construed as prohibiting the Secretaries of the military departments from considering the general preferences of members of the armed forces in making determinations about individual duty assignments.", "id": "idFF423CEB2AF943598D476455DD5E1F4E", "header": "Primacy of needs of the service in determining individual duty assignments", "nested": [ { "text": "(a) In general \nThe Secretaries of the military departments shall make duty assignments of individual members based on the needs of the military services.", "id": "id214910fd08fc4bc1b839716744a1d67b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Assignments based on service needs \nA servicemember’s opinion on State laws shall not take precedence over the needs of the military services in determining individual duty assignments.", "id": "id1f5510f03ef040e296b39c11f7f61fc2", "header": "Assignments based on service needs", "nested": [], "links": [] }, { "text": "(c) Rule of construction \nNothing in this section shall be construed as prohibiting the Secretaries of the military departments from considering the general preferences of members of the armed forces in making determinations about individual duty assignments.", "id": "ide91b8d3de7ff42b096c09b0400ec3d6c", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "534. Requirement to use qualifications, performance, and merit as basis for promotions, assignments, and other personnel actions \nThe Secretary of Defense shall ensure that all promotions, assignments, and other personnel actions of the Armed Forces are based primarily on qualifications, performance, and merit.", "id": "id9c9c3da12552475d8bce59ad9148ae50", "header": "Requirement to use qualifications, performance, and merit as basis for promotions, assignments, and other personnel actions", "nested": [], "links": [] }, { "text": "535. Requirement to base treatment in the military on merit and performance \n(a) Findings \nCongress makes the following findings: (1) The United States Armed Forces is the greatest civil rights program in the history of the world. (2) Former Chairman of the Joint Chiefs General Colin Powell wrote that the military [has] given African-Americans more equal opportunity than any other institution in American society. (3) Today’s Armed Forces is the most diverse large public institution in the country, and brings together Americans from every background in the service of defending the country. (4) Military readiness depends on the guarantee of equal opportunity, without the promise of an equal outcome, because warfare is a competitive endeavor and the nation’s enemies must know that the United States Armed Forces is led by the best, brightest, and bravest Americans. (5) The tenets of critical race theory are antithetical to the merit-based, all-volunteer, military that has served the country with great distinction for the last 50 years. (b) Definition of equity \nFor the purposes of any Department of Defense Diversity, Equity, and Inclusion directive, program, policy, or instruction, the term equity is defined as the right of all persons to have the opportunity to participate in, and benefit from, programs, and activities for which they are qualified. (c) Prohibitions \n(1) Directives \nThe Department of Defense shall not direct or otherwise compel any member of the Armed Forces, military dependent, or civilian employee of the Department of Defense to personally affirm, adopt, or adhere to the tenet that any sex, race, ethnicity, religion or national origin is inherently superior or inferior. (2) Training and instruction \nNo organization or institution under the authority of the Secretary of Defense may provide courses, training, or any other type of instruction that directs, compels, or otherwise suggests that members of the Armed Forces, military dependents, or civilian employees of the Department of Defense should affirm, adopt, or adhere to the tenet described in paragraph (1). (3) Distinctions and classifications \n(A) In general \nNo organization or institution under the authority of the Secretary of Defense shall make a distinction or classification of members of the Armed Forces, military dependents, or civilian employees of the Department of Defense based on account of race, ethnicity, or national origin. (B) Rule of construction \nNothing in this paragraph shall be construed to prohibit the required collection or reporting of demographic information by the Department of Defense. (d) Merit requirement \nAll Department of Defense personnel actions, including accessions, promotions, assignments and training, shall be based exclusively on individual merit and demonstrated performance.", "id": "iddcbe33d97d4d4e07a36f55d04a7228f8", "header": "Requirement to base treatment in the military on merit and performance", "nested": [ { "text": "(a) Findings \nCongress makes the following findings: (1) The United States Armed Forces is the greatest civil rights program in the history of the world. (2) Former Chairman of the Joint Chiefs General Colin Powell wrote that the military [has] given African-Americans more equal opportunity than any other institution in American society. (3) Today’s Armed Forces is the most diverse large public institution in the country, and brings together Americans from every background in the service of defending the country. (4) Military readiness depends on the guarantee of equal opportunity, without the promise of an equal outcome, because warfare is a competitive endeavor and the nation’s enemies must know that the United States Armed Forces is led by the best, brightest, and bravest Americans. (5) The tenets of critical race theory are antithetical to the merit-based, all-volunteer, military that has served the country with great distinction for the last 50 years.", "id": "idcc291efb57a64a69bb265f2c2f18e462", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Definition of equity \nFor the purposes of any Department of Defense Diversity, Equity, and Inclusion directive, program, policy, or instruction, the term equity is defined as the right of all persons to have the opportunity to participate in, and benefit from, programs, and activities for which they are qualified.", "id": "iddd8c45fc6267408c99208bfd452df8e9", "header": "Definition of equity", "nested": [], "links": [] }, { "text": "(c) Prohibitions \n(1) Directives \nThe Department of Defense shall not direct or otherwise compel any member of the Armed Forces, military dependent, or civilian employee of the Department of Defense to personally affirm, adopt, or adhere to the tenet that any sex, race, ethnicity, religion or national origin is inherently superior or inferior. (2) Training and instruction \nNo organization or institution under the authority of the Secretary of Defense may provide courses, training, or any other type of instruction that directs, compels, or otherwise suggests that members of the Armed Forces, military dependents, or civilian employees of the Department of Defense should affirm, adopt, or adhere to the tenet described in paragraph (1). (3) Distinctions and classifications \n(A) In general \nNo organization or institution under the authority of the Secretary of Defense shall make a distinction or classification of members of the Armed Forces, military dependents, or civilian employees of the Department of Defense based on account of race, ethnicity, or national origin. (B) Rule of construction \nNothing in this paragraph shall be construed to prohibit the required collection or reporting of demographic information by the Department of Defense.", "id": "ide4ffbcf0778049928312a1e722e776c9", "header": "Prohibitions", "nested": [], "links": [] }, { "text": "(d) Merit requirement \nAll Department of Defense personnel actions, including accessions, promotions, assignments and training, shall be based exclusively on individual merit and demonstrated performance.", "id": "ida6e40029ca4e4c098d0666b2179639e4", "header": "Merit requirement", "nested": [], "links": [] } ], "links": [] }, { "text": "536. Tiger team for outreach to former members \n(a) Establishment of tiger team \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a team (commonly known as a tiger team and referred to in this section as the Tiger Team ) responsible for conducting outreach to build awareness among former members of the Armed Forces of the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 1552 note) for the review of discharge characterizations by appropriate discharge boards. The Tiger Team shall consist of appropriate personnel of the Department of Defense assigned to the Tiger Team by the Secretary for purposes of this section. (2) Tiger team leader \nOne of the persons assigned to the Tiger Team under paragraph (1) shall be a senior-level officer or employee of the Department who shall serve as the lead official of the Tiger Team (in this section referred to as the Tiger Team Leader ) and who shall be accountable for the activities of the Tiger Team under this section. (3) Report on composition \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report setting forth the names of the personnel of the Department assigned to the Tiger Team pursuant to this subsection, including the positions to which assigned. The report shall specify the name of the individual assigned as Tiger Team Leader. (b) Duties \n(1) In general \nThe Tiger Team shall conduct outreach to build awareness among veterans of the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 for the review of discharge characterizations by appropriate discharge boards. (2) Collaboration \nIn conducting activities under this subsection, the Tiger Team Leader shall identify appropriate external stakeholders with whom the Tiger Team shall work to carry out such activities. Such stakeholders shall include representatives of veterans service organizations and such other stakeholders as the Tiger Team Leader considers appropriate. (3) Initial report \nNot later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress the following: (A) A plan setting forth the following: (i) A description of the manner in which the Secretary, working through the Tiger Team and in collaboration with external stakeholders described in paragraph (2), shall identify individuals who meet the criteria in section 527(b) of the National Defense Authorization Act for Fiscal Year 2020 for review of discharge characterization. (ii) A description of the manner in which the Secretary, working through the Tiger Team and in collaboration with the external stakeholders, shall improve outreach to individuals who meet the criteria in section 527(b) of the National Defense Authorization Act for Fiscal Year 2020 for review of discharge characterization, including through— (I) obtaining contact information on such individuals; and (II) contacting such individuals on the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 for the review of discharge characterizations. (B) A description of the manner in which the work described in clauses (i) and (ii) of subparagraph (A) will be carried out, including an allocation of the work among the Tiger Team and the external stakeholders. (C) A schedule for the implementation, carrying out, and completion of the plan required under subparagraph (A). (D) A description of the additional funding, personnel, or other resources of the Department required to carry out the plan required under subparagraph (A), including any modification of applicable statutory or administrative authorities. (4) Implementation of plan \n(A) In general \nThe Secretary shall implement and carry out the plan submitted under subparagraph (A) of paragraph (3) in accordance with the schedule submitted under subparagraph (C) of that paragraph. (B) Updates \nNot less frequently than once every 90 days after the submittal of the report under paragraph (3), the Tiger Team shall submit to Congress an update on the carrying out of the plan submitted under subparagraph (A) of that paragraph. (5) Final report \nNot later than 3 years after the date of the enactment of this Act, the Tiger Team shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the activities of the Tiger Team under this subsection. The report shall set forth the following: (A) The number of individuals discharged under Don't Ask, Don't Tell or a similar policy prior to the enactment of Don't Ask, Don't Tell. (B) The number of individuals described in subparagraph (A) who availed themselves of a review of discharge characterization (whether through discharge review or correction of military records) through a process established prior to the enactment of this Act. (C) The number of individuals contacted through outreach conducted pursuant to this section. (D) The number of individuals described in subparagraph (A) who availed themselves of a review of discharge characterization through the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020. (E) The number of individuals described in subparagraph (D) whose review of discharge characterization resulted in a change of characterization to honorable discharge. (F) The total number of individuals described in subparagraph (A), including individuals also covered by subparagraph (E), whose review of discharge characterization since September 20, 2011 (the date of repeal of Don't Ask, Don't Tell), resulted in a change of characterization to honorable discharge. (6) Termination \nOn the date that is 60 days after the date on which the final report required by paragraph (5) is submitted, the Secretary shall terminate the Tiger Team. (c) Additional reports \n(1) Review \nThe Secretary of Defense shall conduct a review of the consistency and uniformity of the reviews conducted pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020. (2) Reports \nNot later than 270 days after the date of the enactment of this Act, and each year thereafter for a four-year period, the Secretary shall submit to Congress a report on the reviews under paragraph (1). Such reports shall include any comments or recommendations for continued actions. (d) Don't ask, don't tell defined \nIn this section, the term Don’t Ask, Don’t Tell means section 654 of title 10, United States Code, as in effect before such section was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010 ( Public Law 111–321 ).", "id": "id01cc4ed4b3c348ec941090c94c61ce6c", "header": "Tiger team for outreach to former members", "nested": [ { "text": "(a) Establishment of tiger team \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a team (commonly known as a tiger team and referred to in this section as the Tiger Team ) responsible for conducting outreach to build awareness among former members of the Armed Forces of the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 1552 note) for the review of discharge characterizations by appropriate discharge boards. The Tiger Team shall consist of appropriate personnel of the Department of Defense assigned to the Tiger Team by the Secretary for purposes of this section. (2) Tiger team leader \nOne of the persons assigned to the Tiger Team under paragraph (1) shall be a senior-level officer or employee of the Department who shall serve as the lead official of the Tiger Team (in this section referred to as the Tiger Team Leader ) and who shall be accountable for the activities of the Tiger Team under this section. (3) Report on composition \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report setting forth the names of the personnel of the Department assigned to the Tiger Team pursuant to this subsection, including the positions to which assigned. The report shall specify the name of the individual assigned as Tiger Team Leader.", "id": "idf756a376013749228a16cf3ee0dde6a3", "header": "Establishment of tiger team", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "10 U.S.C. 1552", "legal-doc": "usc", "parsable-cite": "usc/10/1552" } ] }, { "text": "(b) Duties \n(1) In general \nThe Tiger Team shall conduct outreach to build awareness among veterans of the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 for the review of discharge characterizations by appropriate discharge boards. (2) Collaboration \nIn conducting activities under this subsection, the Tiger Team Leader shall identify appropriate external stakeholders with whom the Tiger Team shall work to carry out such activities. Such stakeholders shall include representatives of veterans service organizations and such other stakeholders as the Tiger Team Leader considers appropriate. (3) Initial report \nNot later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress the following: (A) A plan setting forth the following: (i) A description of the manner in which the Secretary, working through the Tiger Team and in collaboration with external stakeholders described in paragraph (2), shall identify individuals who meet the criteria in section 527(b) of the National Defense Authorization Act for Fiscal Year 2020 for review of discharge characterization. (ii) A description of the manner in which the Secretary, working through the Tiger Team and in collaboration with the external stakeholders, shall improve outreach to individuals who meet the criteria in section 527(b) of the National Defense Authorization Act for Fiscal Year 2020 for review of discharge characterization, including through— (I) obtaining contact information on such individuals; and (II) contacting such individuals on the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 for the review of discharge characterizations. (B) A description of the manner in which the work described in clauses (i) and (ii) of subparagraph (A) will be carried out, including an allocation of the work among the Tiger Team and the external stakeholders. (C) A schedule for the implementation, carrying out, and completion of the plan required under subparagraph (A). (D) A description of the additional funding, personnel, or other resources of the Department required to carry out the plan required under subparagraph (A), including any modification of applicable statutory or administrative authorities. (4) Implementation of plan \n(A) In general \nThe Secretary shall implement and carry out the plan submitted under subparagraph (A) of paragraph (3) in accordance with the schedule submitted under subparagraph (C) of that paragraph. (B) Updates \nNot less frequently than once every 90 days after the submittal of the report under paragraph (3), the Tiger Team shall submit to Congress an update on the carrying out of the plan submitted under subparagraph (A) of that paragraph. (5) Final report \nNot later than 3 years after the date of the enactment of this Act, the Tiger Team shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the activities of the Tiger Team under this subsection. The report shall set forth the following: (A) The number of individuals discharged under Don't Ask, Don't Tell or a similar policy prior to the enactment of Don't Ask, Don't Tell. (B) The number of individuals described in subparagraph (A) who availed themselves of a review of discharge characterization (whether through discharge review or correction of military records) through a process established prior to the enactment of this Act. (C) The number of individuals contacted through outreach conducted pursuant to this section. (D) The number of individuals described in subparagraph (A) who availed themselves of a review of discharge characterization through the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020. (E) The number of individuals described in subparagraph (D) whose review of discharge characterization resulted in a change of characterization to honorable discharge. (F) The total number of individuals described in subparagraph (A), including individuals also covered by subparagraph (E), whose review of discharge characterization since September 20, 2011 (the date of repeal of Don't Ask, Don't Tell), resulted in a change of characterization to honorable discharge. (6) Termination \nOn the date that is 60 days after the date on which the final report required by paragraph (5) is submitted, the Secretary shall terminate the Tiger Team.", "id": "id62c7e67085414fbd87b2657f87f22385", "header": "Duties", "nested": [], "links": [] }, { "text": "(c) Additional reports \n(1) Review \nThe Secretary of Defense shall conduct a review of the consistency and uniformity of the reviews conducted pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020. (2) Reports \nNot later than 270 days after the date of the enactment of this Act, and each year thereafter for a four-year period, the Secretary shall submit to Congress a report on the reviews under paragraph (1). Such reports shall include any comments or recommendations for continued actions.", "id": "id3e32dc930b194f4da7570e72832fbb84", "header": "Additional reports", "nested": [], "links": [] }, { "text": "(d) Don't ask, don't tell defined \nIn this section, the term Don’t Ask, Don’t Tell means section 654 of title 10, United States Code, as in effect before such section was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010 ( Public Law 111–321 ).", "id": "id9d2394c0bb184913bda137cb7bd73419", "header": "Don't ask, don't tell defined", "nested": [], "links": [ { "text": "Public Law 111–321", "legal-doc": "public-law", "parsable-cite": "pl/111/321" } ] } ], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "10 U.S.C. 1552", "legal-doc": "usc", "parsable-cite": "usc/10/1552" }, { "text": "Public Law 111–321", "legal-doc": "public-law", "parsable-cite": "pl/111/321" } ] }, { "text": "537. Diversity, equity, and inclusion personnel grade cap \n(a) In general \nThe Secretary concerned may not appoint to, or otherwise employ in, any position with sole duties as described in subsection (b) a military or civilian employee paid annual pay at a rate that exceeds the equivalent of the rate payable for GS–10, not adjusted for locality. (b) Covered duties \nThe duties referred to in subsection (a) are as follows: (1) Developing, refining, and implementing diversity, equity, and inclusion policy. (2) Leading working groups and councils to developing diversity, equity, and inclusion goals and objectives to measure performance and outcomes. (3) Creating and implementing diversity, equity, and inclusion education, training courses, and workshops for military and civilian personnel. (c) Applicability to current employees \nAny military or civilian employee appointed to a position with duties described in subsection (b) who is paid annual pay at a rate that exceeds the amount allowed under subsection (a) shall be reassigned to another position not later than 180 days after the date of the enactment of this Act.", "id": "id6EE75A2004E74653A764562E171D2ADE", "header": "Diversity, equity, and inclusion personnel grade cap", "nested": [ { "text": "(a) In general \nThe Secretary concerned may not appoint to, or otherwise employ in, any position with sole duties as described in subsection (b) a military or civilian employee paid annual pay at a rate that exceeds the equivalent of the rate payable for GS–10, not adjusted for locality.", "id": "idf833d0800ecd4972bae8675659b24747", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Covered duties \nThe duties referred to in subsection (a) are as follows: (1) Developing, refining, and implementing diversity, equity, and inclusion policy. (2) Leading working groups and councils to developing diversity, equity, and inclusion goals and objectives to measure performance and outcomes. (3) Creating and implementing diversity, equity, and inclusion education, training courses, and workshops for military and civilian personnel.", "id": "id228e2cf96bde4455a174fe44625fbe07", "header": "Covered duties", "nested": [], "links": [] }, { "text": "(c) Applicability to current employees \nAny military or civilian employee appointed to a position with duties described in subsection (b) who is paid annual pay at a rate that exceeds the amount allowed under subsection (a) shall be reassigned to another position not later than 180 days after the date of the enactment of this Act.", "id": "idc65f9753855c4e7cb65dbbeebac9077c", "header": "Applicability to current employees", "nested": [], "links": [] } ], "links": [] }, { "text": "541. Establishment of staggered terms for members of the Military Justice Review Panel \n(a) Appointment to staggered terms \nSubsection (b) of section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraph: (4) Establishment of staggered terms \nNotwithstanding subsection (e), members of the Panel appointed to serve on the Panel to fill vacancies that exist due to terms of appointment expiring during the period beginning on August 1, 2030, and ending on August 31, 2030, shall be appointed to terms as follows: (A) Three members designated by the Secretary of Defense shall serve a term of two years. (B) Three members designated by the Secretary of Defense shall serve a term of four years. (C) Three members designated by the Secretary of Defense shall serve a term of six years. (D) Four members designated by the Secretary of Defense shall serve a term of eight years.. (b) Term; vacancies \nSubsection (e) of such section is amended to read as follows: (e) Term; vacancies \n(1) Term \nSubject to subsection (b)(4) and paragraphs (2) and (3) of this subsection, each member shall be appointed for a term of eight years, and no member may serve more than one term. (2) Vacancy \nAny vacancy in the Panel shall be filled in the same manner as the original appointment. A member appointed to fill a vacancy in the Panel that occurs before the expiration of the term of appointment of the predecessor of such member shall be appointed for the remainder of the term of such predecessor. (3) Availability of reappointment for certain members \nNotwithstanding paragraph (1), a member of the Panel may be appointed to a single additional term if— (A) the appointment of the member is to fill a vacancy described in subsection (b)(4); or (B) the member was initially appointed to— (i) a term of four years or less in accordance with subsection (b)(4); or (ii) fill a vacancy that occurs before the expiration of the term of the predecessor of such member and for which the remainder of the term of such predecessor is four years or less..", "id": "idEF557378803E4E12824104ACA4CA4CC9", "header": "Establishment of staggered terms for members of the Military Justice Review Panel", "nested": [ { "text": "(a) Appointment to staggered terms \nSubsection (b) of section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraph: (4) Establishment of staggered terms \nNotwithstanding subsection (e), members of the Panel appointed to serve on the Panel to fill vacancies that exist due to terms of appointment expiring during the period beginning on August 1, 2030, and ending on August 31, 2030, shall be appointed to terms as follows: (A) Three members designated by the Secretary of Defense shall serve a term of two years. (B) Three members designated by the Secretary of Defense shall serve a term of four years. (C) Three members designated by the Secretary of Defense shall serve a term of six years. (D) Four members designated by the Secretary of Defense shall serve a term of eight years..", "id": "idfa07af3370934ba9ba385857f6ffbc09", "header": "Appointment to staggered terms", "nested": [], "links": [] }, { "text": "(b) Term; vacancies \nSubsection (e) of such section is amended to read as follows: (e) Term; vacancies \n(1) Term \nSubject to subsection (b)(4) and paragraphs (2) and (3) of this subsection, each member shall be appointed for a term of eight years, and no member may serve more than one term. (2) Vacancy \nAny vacancy in the Panel shall be filled in the same manner as the original appointment. A member appointed to fill a vacancy in the Panel that occurs before the expiration of the term of appointment of the predecessor of such member shall be appointed for the remainder of the term of such predecessor. (3) Availability of reappointment for certain members \nNotwithstanding paragraph (1), a member of the Panel may be appointed to a single additional term if— (A) the appointment of the member is to fill a vacancy described in subsection (b)(4); or (B) the member was initially appointed to— (i) a term of four years or less in accordance with subsection (b)(4); or (ii) fill a vacancy that occurs before the expiration of the term of the predecessor of such member and for which the remainder of the term of such predecessor is four years or less..", "id": "idef4bce77d7d747e2923e3cdc8a93620d", "header": "Term; vacancies", "nested": [], "links": [] } ], "links": [] }, { "text": "542. Technical and conforming amendments to the Uniform Code of Military Justice \n(a) Technical amendment relating to guilty pleas for murder \nSection 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended— (1) by striking he both places it appears and inserting such person ; and (2) in the matter following paragraph (4), by striking the period and inserting , unless such person is otherwise sentenced in accordance with a plea agreement entered into between the parties under section 853a (article 53a).. (b) Technical amendments relating to the military justice reforms in the National Defense Authorization Act for Fiscal Year 2022 \n(1) Article 16 \nSubsection (c)(2)(A) of section 816 of title 10, United States Code (article 16 of the Uniform Code of Military Justice), is amended by striking by the convening authority. (2) Article 25 \nSection 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), is amended— (A) in subsection (d)— (i) in paragraph (1), by striking may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by the members and inserting shall be sentenced by the military judge ; and (ii) by amending paragraph (2) to read as follows: (2) In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)). ; (B) in subsection (e)— (i) in paragraph (1), by striking him and inserting the member being tried ; and (ii) in paragraph (2)— (I) in the first sentence, by striking his opinion and inserting the opinion of the convening authority ; and (II) in the second sentence, by striking he and inserting the member ; and (C) in subsection (f)— (i) by striking his authority and inserting the authority of the convening authority ; and (ii) by striking his staff judge advocate or legal officer and inserting the staff judge advocate or legal officer of the convening authority. (c) Authority of special trial counsel with respect to certain offenses occurring before effective date of military justice reforms enacted in the National Defense Authorization Act for Fiscal Year 2022 \n(1) Authority \nSection 824a of title 10, United States Code, as added by section 531 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ), is amended by adding at the end the following new subsection: (d) Special trial counsel authority over certain other offenses \n(1) Offenses occurring before effective date \nA special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses: (A) An offense under section 917a (article 117a), 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 928b (article 128b), or the standalone offense of child pornography punishable under section 934 (article 134) of this title that occurred on or before December 27, 2023. (B) An offense under section 925 (article 125), section 930 (article 130), or section 932 (article 132) of this title that occurred on or after January 1, 2019, and before December 28, 2023. (C) An offense under section 920a (article 120a) of this title, an offense under section 925 (article 125) of this title alleging an act of nonconsensual sodomy, or the standalone offense of kidnapping punishable under section 934 (article 134) of this title that occurred before January 1, 2019. (D) A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81). (E) A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82). (F) An attempt to commit an offense specified in subparagraph (A), (B), (C), (D), or (E) as punishable under section 880 of this title (article 80). (2) Effect of exercise of authority \n(A) Treatment as covered offense \nIf a special trial counsel exercises authority over an offense pursuant to paragraph (1), the offense over which the special trial counsel exercises authority shall be considered a covered offense for purposes of this chapter. (B) Known or related offenses \nIf a special trial counsel exercises authority over an offense pursuant to paragraph (1), the special trial counsel may exercise the authority of the special trial counsel under subparagraph (B) of subsection (c)(2) with respect to other offenses described in that subparagraph without regard to the date on which the other offenses occur.. (2) Conforming amendment to effective date \nSection 539C(a) of the National Defense Authorization Act for Fiscal Year 2022 ( 10 U.S.C. 801 note; Public Law 117–81 ) is amended by striking and shall and inserting and, except as provided in section 824a(d) of title 10, United States Code (article 24a of the Uniform Code of Military Justice), shall. (d) Clarification of applicability of domestic violence and stalking to dating partners \n(1) Article 128b; domestic violence \nSection 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), is amended— (A) in the matter preceding paragraph (1), by striking Any person and inserting (a) In general.— Any person ; (B) in subsection (a), as designated by paragraph (1) of this section, by inserting a dating partner, after an intimate partner, each place it appears; and (C) by adding at the end the following new subsection: (b) Definitions \nIn this section (article), the terms dating partner , immediate family , and intimate partner have the meaning given such terms in section 930 of this title (article 130 of the Uniform Code of Military Justice).. (2) Article 130; stalking \nSection 930 of such title (article 130 of the Uniform Code of Military Justice) is amended— (A) in subsection (a), by striking or to his or her intimate partner each place it appears and inserting to his or her intimate partner, or to his or her dating partner ; and (B) in subsection (b)— (i) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (ii) by inserting after paragraph (2) the following new paragraph: (3) The term dating partner , in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person based on a consideration of— (A) the length of the relationship; (B) the type of relationship; (C) the frequency of interaction between the persons involved in the relationship; and (D) the extent of physical intimacy or sexual contact between the persons involved in the relationship.. (e) Effective date \nThe amendments made by subsection (b) and subsection (c)(1) shall take effect immediately after the coming into effect of the amendments made by part 1 of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) as provided in section 539C of that Act ( 10 U.S.C. 801 note).", "id": "id8F8B4BBAD05B42E3B13CEF96F6C77EC8", "header": "Technical and conforming amendments to the Uniform Code of Military Justice", "nested": [ { "text": "(a) Technical amendment relating to guilty pleas for murder \nSection 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended— (1) by striking he both places it appears and inserting such person ; and (2) in the matter following paragraph (4), by striking the period and inserting , unless such person is otherwise sentenced in accordance with a plea agreement entered into between the parties under section 853a (article 53a)..", "id": "idcd4212fac8614db1bb811fa04424bb8a", "header": "Technical amendment relating to guilty pleas for murder", "nested": [], "links": [] }, { "text": "(b) Technical amendments relating to the military justice reforms in the National Defense Authorization Act for Fiscal Year 2022 \n(1) Article 16 \nSubsection (c)(2)(A) of section 816 of title 10, United States Code (article 16 of the Uniform Code of Military Justice), is amended by striking by the convening authority. (2) Article 25 \nSection 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), is amended— (A) in subsection (d)— (i) in paragraph (1), by striking may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by the members and inserting shall be sentenced by the military judge ; and (ii) by amending paragraph (2) to read as follows: (2) In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)). ; (B) in subsection (e)— (i) in paragraph (1), by striking him and inserting the member being tried ; and (ii) in paragraph (2)— (I) in the first sentence, by striking his opinion and inserting the opinion of the convening authority ; and (II) in the second sentence, by striking he and inserting the member ; and (C) in subsection (f)— (i) by striking his authority and inserting the authority of the convening authority ; and (ii) by striking his staff judge advocate or legal officer and inserting the staff judge advocate or legal officer of the convening authority.", "id": "idf322d184feef47489f540672ae5e4cb8", "header": "Technical amendments relating to the military justice reforms in the National Defense Authorization Act for Fiscal Year 2022", "nested": [], "links": [] }, { "text": "(c) Authority of special trial counsel with respect to certain offenses occurring before effective date of military justice reforms enacted in the National Defense Authorization Act for Fiscal Year 2022 \n(1) Authority \nSection 824a of title 10, United States Code, as added by section 531 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ), is amended by adding at the end the following new subsection: (d) Special trial counsel authority over certain other offenses \n(1) Offenses occurring before effective date \nA special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses: (A) An offense under section 917a (article 117a), 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 928b (article 128b), or the standalone offense of child pornography punishable under section 934 (article 134) of this title that occurred on or before December 27, 2023. (B) An offense under section 925 (article 125), section 930 (article 130), or section 932 (article 132) of this title that occurred on or after January 1, 2019, and before December 28, 2023. (C) An offense under section 920a (article 120a) of this title, an offense under section 925 (article 125) of this title alleging an act of nonconsensual sodomy, or the standalone offense of kidnapping punishable under section 934 (article 134) of this title that occurred before January 1, 2019. (D) A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81). (E) A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82). (F) An attempt to commit an offense specified in subparagraph (A), (B), (C), (D), or (E) as punishable under section 880 of this title (article 80). (2) Effect of exercise of authority \n(A) Treatment as covered offense \nIf a special trial counsel exercises authority over an offense pursuant to paragraph (1), the offense over which the special trial counsel exercises authority shall be considered a covered offense for purposes of this chapter. (B) Known or related offenses \nIf a special trial counsel exercises authority over an offense pursuant to paragraph (1), the special trial counsel may exercise the authority of the special trial counsel under subparagraph (B) of subsection (c)(2) with respect to other offenses described in that subparagraph without regard to the date on which the other offenses occur.. (2) Conforming amendment to effective date \nSection 539C(a) of the National Defense Authorization Act for Fiscal Year 2022 ( 10 U.S.C. 801 note; Public Law 117–81 ) is amended by striking and shall and inserting and, except as provided in section 824a(d) of title 10, United States Code (article 24a of the Uniform Code of Military Justice), shall.", "id": "id9112eb9881d1444cad2982bc64fe8d1c", "header": "Authority of special trial counsel with respect to certain offenses occurring before effective date of military justice reforms enacted in the National Defense Authorization Act for Fiscal Year 2022", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 801", "legal-doc": "usc", "parsable-cite": "usc/10/801" }, { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "(d) Clarification of applicability of domestic violence and stalking to dating partners \n(1) Article 128b; domestic violence \nSection 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), is amended— (A) in the matter preceding paragraph (1), by striking Any person and inserting (a) In general.— Any person ; (B) in subsection (a), as designated by paragraph (1) of this section, by inserting a dating partner, after an intimate partner, each place it appears; and (C) by adding at the end the following new subsection: (b) Definitions \nIn this section (article), the terms dating partner , immediate family , and intimate partner have the meaning given such terms in section 930 of this title (article 130 of the Uniform Code of Military Justice).. (2) Article 130; stalking \nSection 930 of such title (article 130 of the Uniform Code of Military Justice) is amended— (A) in subsection (a), by striking or to his or her intimate partner each place it appears and inserting to his or her intimate partner, or to his or her dating partner ; and (B) in subsection (b)— (i) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (ii) by inserting after paragraph (2) the following new paragraph: (3) The term dating partner , in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person based on a consideration of— (A) the length of the relationship; (B) the type of relationship; (C) the frequency of interaction between the persons involved in the relationship; and (D) the extent of physical intimacy or sexual contact between the persons involved in the relationship..", "id": "id800d40a6d7fd435e8734d204f71de753", "header": "Clarification of applicability of domestic violence and stalking to dating partners", "nested": [], "links": [] }, { "text": "(e) Effective date \nThe amendments made by subsection (b) and subsection (c)(1) shall take effect immediately after the coming into effect of the amendments made by part 1 of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) as provided in section 539C of that Act ( 10 U.S.C. 801 note).", "id": "id880f6fe34cb74521b5ab04105d862cba", "header": "Effective date", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 801", "legal-doc": "usc", "parsable-cite": "usc/10/801" } ] } ], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 801", "legal-doc": "usc", "parsable-cite": "usc/10/801" }, { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 801", "legal-doc": "usc", "parsable-cite": "usc/10/801" } ] }, { "text": "543. Annual report on initiative to enhance the capability of military criminal investigative organizations to prevent and combat child sexual exploitation \nIn order to effectively carry out the initiative under section 550D of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 1561 note prec.), the Secretary of Defense shall carry out the following actions: (1) Not later than 90 days after the date of the enactment of this Act, and annually thereafter, submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an annual report on the progress of the initiative carried out under such section, outlining specific actions taken and planned to detect, combat, and stop the use of the Department of Defense network to further online child sexual exploitation (CSE). (2) Develop partnerships and execute collaborative agreements with functional experts, including highly qualified national child protection organizations or law enforcement training centers with demonstrated expertise in the delivery of law enforcement training, to identify, investigate and prosecute individuals engaged in online CSE. (3) Establish mandatory training for Department of Defense criminal investigative organizations and personnel at military installations to maintain capacity and address turnover and relocation issues.", "id": "id95fa6d1b879a4d3cb5a07cedd6a492fa", "header": "Annual report on initiative to enhance the capability of military criminal investigative organizations to prevent and combat child sexual exploitation", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "10 U.S.C. 1561", "legal-doc": "usc", "parsable-cite": "usc/10/1561" } ] }, { "text": "551. Future servicemember preparatory course \n(a) Requirement \nIf the number of nonprior service enlisted personnel covered under section 520 of title 10, United States Code, exceeds 10 percent of the total number of persons originally enlisted in an Armed Force during a fiscal year, the Secretary concerned shall establish a future servicemember preparatory course within the Armed Force concerned. (b) Purpose \nThe course established under subsection (a) shall be designed to improve the physical and aptitude qualifications of military recruits. (c) Criteria \nEach course established under this section shall comply with the following requirements: (1) Enrollment \nAll nonprior service enlisted persons whose score on the Armed Forces Qualification Test is at or above the twentieth percentile and below the thirty-first percentile must be enrolled in the course prior to attending initial basic training. (2) Graduation requirement \nPrior to attending initial basic training, all enlisted persons attending the course established under this section must achieve a score that exceeds the thirty-first percentile of the Armed Forces Qualification Test. (3) Effect of course failure \nAny enlisted person who fails to achieve course graduation requirements within 180 days of enlistment shall be separated under regulations prescribed by the Secretary concerned.", "id": "idA8D57E543E9240BEBD6A6CAEA0D48531", "header": "Future servicemember preparatory course", "nested": [ { "text": "(a) Requirement \nIf the number of nonprior service enlisted personnel covered under section 520 of title 10, United States Code, exceeds 10 percent of the total number of persons originally enlisted in an Armed Force during a fiscal year, the Secretary concerned shall establish a future servicemember preparatory course within the Armed Force concerned.", "id": "id31bd36f868db4e7c8585f3cc6f7b4f65", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe course established under subsection (a) shall be designed to improve the physical and aptitude qualifications of military recruits.", "id": "id17bac32414db4a868b60f5afb70fddf5", "header": "Purpose", "nested": [], "links": [] }, { "text": "(c) Criteria \nEach course established under this section shall comply with the following requirements: (1) Enrollment \nAll nonprior service enlisted persons whose score on the Armed Forces Qualification Test is at or above the twentieth percentile and below the thirty-first percentile must be enrolled in the course prior to attending initial basic training. (2) Graduation requirement \nPrior to attending initial basic training, all enlisted persons attending the course established under this section must achieve a score that exceeds the thirty-first percentile of the Armed Forces Qualification Test. (3) Effect of course failure \nAny enlisted person who fails to achieve course graduation requirements within 180 days of enlistment shall be separated under regulations prescribed by the Secretary concerned.", "id": "iddc86da44988343368cefc98eb94c890a", "header": "Criteria", "nested": [], "links": [] } ], "links": [] }, { "text": "552. Determination of active duty service commitment for recipients of fellowships, grants, and scholarships \nSection 2603(b) of title 10, United States Code, is amended by striking at least three times the length of the period of the education or training. and inserting determined by the Secretary concerned. Notwithstanding sections 2004(c), 2004a(f), and 2004b(e) of this title, the service obligation required under this subsection may run concurrently with any service obligations incurred under chapter 101 of this title in accordance with regulations established by the Secretary concerned..", "id": "id3710293E12784E4B89B51B53E36EADBB", "header": "Determination of active duty service commitment for recipients of fellowships, grants, and scholarships", "nested": [], "links": [] }, { "text": "553. Military service academy professional sports pathway report and legislative proposal required \n(a) Legislative proposal \nNot later than March 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report including the following elements: (1) A legislative proposal that would— (A) update and clarify the legislative framework related to the ability of military service academy graduates to pursue employment as a professional athlete prior to serving at least 5 years on active duty; and (B) retain the existing requirement that all military service academy graduates must serve for 2 years on active duty before affiliating with the reserves to pursue employment as a professional athlete. (2) A description of amendments to current law that would be necessary to implement the legislative proposal described under paragraph (1). (b) Report required \nNot later than March 1, 2024, and annually thereafter, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the following information: (1) The name, military service, and sport of each military service graduate released or deferred from active service in order to participate in professional sports. (2) A description of the sports career progress of each participant, such as drafted, signed, released, or returned to military service. (3) A summary by participant of marketing strategy and recruiting related activities conducted. (4) A description by participant of the assessments conducted by the military services to determine the recruiting value associated with approved releases from active duty. (5) The current status of each participant, including, as appropriate, affiliated franchise.", "id": "id518A08A333F04C928D482B71D95B33AA", "header": "Military service academy professional sports pathway report and legislative proposal required", "nested": [ { "text": "(a) Legislative proposal \nNot later than March 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report including the following elements: (1) A legislative proposal that would— (A) update and clarify the legislative framework related to the ability of military service academy graduates to pursue employment as a professional athlete prior to serving at least 5 years on active duty; and (B) retain the existing requirement that all military service academy graduates must serve for 2 years on active duty before affiliating with the reserves to pursue employment as a professional athlete. (2) A description of amendments to current law that would be necessary to implement the legislative proposal described under paragraph (1).", "id": "ida3f877518cea4a199f9f380a90fee310", "header": "Legislative proposal", "nested": [], "links": [] }, { "text": "(b) Report required \nNot later than March 1, 2024, and annually thereafter, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the following information: (1) The name, military service, and sport of each military service graduate released or deferred from active service in order to participate in professional sports. (2) A description of the sports career progress of each participant, such as drafted, signed, released, or returned to military service. (3) A summary by participant of marketing strategy and recruiting related activities conducted. (4) A description by participant of the assessments conducted by the military services to determine the recruiting value associated with approved releases from active duty. (5) The current status of each participant, including, as appropriate, affiliated franchise.", "id": "id3b799f6daaff40fe9d597d85d7a571ae", "header": "Report required", "nested": [], "links": [] } ], "links": [] }, { "text": "554. Community college Enlisted Training Corps demonstration program \n(a) Demonstration program \n(1) In general \nNot later than August 1, 2025, the Secretary concerned shall establish within each military department an Enlisted Training Corps demonstration program for the purpose of introducing students to the military, and preparing selected students for enlisted service in the Army, Navy, Air Force, Marine Corps, or Space Force. (2) Location \nDemonstration programs established under this section shall be located at a community or junior college. No program may be established at a military college or military junior college as defined for purposes of section 2107a of title 10, United States Code. (b) Eligibility for membership \nTo be eligible for membership in a program under this section, a person must be a student at an institution where a unit of the Enlisted Training Corps is located. (c) Instructors \nThe Secretary concerned may assign as an instructor for a unit established under this section an individual eligible to serve as an instructor under section 2111 or section 2031 of title 10, United States Code. Instructors who are not currently members on active duty shall be paid in a manner consistent with section 2031 of title 10, United States Code. (d) Financial assistance \nThe Secretary of the military department concerned may provide financial assistance to persons enrolled in a unit of the Enlisted Training Corps in exchange for an agreement in writing that the person enlist in the active component of the military department concerned upon graduation or disenrollment from the community college. Financial assistance provided under this subsection may include tuition, living expenses, stipend, or other payment. (e) Curriculum \nThe Secretary concerned shall ensure that any programs created under this section include as part of the curriculum the following: (1) An introduction to the benefits of military service. (2) Military history. (3) Military customs and courtesies. (4) Physical fitness requirements. (5) Instruction on ethical behavior and decisionmaking. (f) Reporting requirement \nNot later than one year after the date of the enactment of this Act, and annually thereafter until the date specified by subsection (g), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the demonstration program required by this section. (g) Sunset \nThe requirements of this provision shall sunset on September 30, 2030.", "id": "id9055A9BC321B4ADFB997FFD1442835E4", "header": "Community college Enlisted Training Corps demonstration program", "nested": [ { "text": "(a) Demonstration program \n(1) In general \nNot later than August 1, 2025, the Secretary concerned shall establish within each military department an Enlisted Training Corps demonstration program for the purpose of introducing students to the military, and preparing selected students for enlisted service in the Army, Navy, Air Force, Marine Corps, or Space Force. (2) Location \nDemonstration programs established under this section shall be located at a community or junior college. No program may be established at a military college or military junior college as defined for purposes of section 2107a of title 10, United States Code.", "id": "id8314b2b027d84904a5af2054bde6710a", "header": "Demonstration program", "nested": [], "links": [] }, { "text": "(b) Eligibility for membership \nTo be eligible for membership in a program under this section, a person must be a student at an institution where a unit of the Enlisted Training Corps is located.", "id": "id9c1b5e46b34347e9b465352df930fb8f", "header": "Eligibility for membership", "nested": [], "links": [] }, { "text": "(c) Instructors \nThe Secretary concerned may assign as an instructor for a unit established under this section an individual eligible to serve as an instructor under section 2111 or section 2031 of title 10, United States Code. Instructors who are not currently members on active duty shall be paid in a manner consistent with section 2031 of title 10, United States Code.", "id": "id4ee654fc09a5488db902b580ae53c494", "header": "Instructors", "nested": [], "links": [] }, { "text": "(d) Financial assistance \nThe Secretary of the military department concerned may provide financial assistance to persons enrolled in a unit of the Enlisted Training Corps in exchange for an agreement in writing that the person enlist in the active component of the military department concerned upon graduation or disenrollment from the community college. Financial assistance provided under this subsection may include tuition, living expenses, stipend, or other payment.", "id": "id8fd43a308e3f497aafbeba9ad59e4342", "header": "Financial assistance", "nested": [], "links": [] }, { "text": "(e) Curriculum \nThe Secretary concerned shall ensure that any programs created under this section include as part of the curriculum the following: (1) An introduction to the benefits of military service. (2) Military history. (3) Military customs and courtesies. (4) Physical fitness requirements. (5) Instruction on ethical behavior and decisionmaking.", "id": "id8572877c1a9e4616979c0f7af7f1f022", "header": "Curriculum", "nested": [], "links": [] }, { "text": "(f) Reporting requirement \nNot later than one year after the date of the enactment of this Act, and annually thereafter until the date specified by subsection (g), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the demonstration program required by this section.", "id": "id889b5e628fd744ba9853e34797900c71", "header": "Reporting requirement", "nested": [], "links": [] }, { "text": "(g) Sunset \nThe requirements of this provision shall sunset on September 30, 2030.", "id": "id6dfbda5f7b5c451aa01e632dd8bef1f4", "header": "Sunset", "nested": [], "links": [] } ], "links": [] }, { "text": "555. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense \nSection 529 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2001 note prec.) is amended— (1) in subsection (a), by striking may carry out a program and inserting shall carry out a program ; (2) by redesignating subsection (e) as subsection (f); (3) by inserting after subsection (d) the following new subsection: (e) Contract authority \nThe Secretary of Defense may enter into one or more contracts, cooperative agreements, or grants with private national organizations having an expertise in foreign languages, area studies, and other international fields, for the awarding of grants to accredited universities, senior military colleges, or other similar institutions of higher education to establish and maintain language training centers authorized by subsection (a). ; and (4) in subsection (f), as redesignated by paragraph (2)— (A) by striking one year after the date of the establishment of the program authorized by subsection (a) and inserting 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 ; (B) by striking report on the program and inserting report on the Language Training Center program ; (C) by redesignating paragraph (4) as paragraph (5); (D) by inserting after paragraph (3) the following new paragraph: (4) An assessment of the resources required to carry out the Language Training Center program by year through fiscal year 2027. ; and (E) in paragraph (5), as redesignated by subparagraph (C), by striking A recommendation whether the program should be continued and, if so, recommendations as to any modifications of the program and inserting Recommendations as to any modifications to the Language Training Center program.", "id": "id164FBBEF0AE64BACA826B2B802655448", "header": "Language training centers for members of the Armed Forces and civilian employees of the Department of Defense", "nested": [], "links": [ { "text": "Public Law 111–84", "legal-doc": "public-law", "parsable-cite": "pl/111/84" }, { "text": "10 U.S.C. 2001", "legal-doc": "usc", "parsable-cite": "usc/10/2001" } ] }, { "text": "556. Limitation on availability of funds for relocation of Army CID special agent training course \n(a) Limitation \nNone of the funds authorized to be appropriated by this Act for fiscal year 2024 for the Army to relocate an Army CID special agent training course may be obligated or expended until— (1) the Secretary of the Army submits to the Committees on Armed Services of the Senate and the House of Representatives a separate report on any plans of the Secretary to relocate an Army CID special agent training course, including an explanation of the business case for any transfer of training personnel proposed as part of such plan; and (2) the Secretary provides to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the contents of the report specified in paragraph (1). (b) Definitions \nIn this section: (1) The term relocate , when used with respect to an Army CID special agent training course, means the transfer of such course to a location different than the location used for such course as of the date of the enactment of this Act. (2) The term Army CID special agent training course means a training course provided to members of the Army to prepare such members for service as special agents in the Army Criminal Investigation Division.", "id": "HC8808302347C", "header": "Limitation on availability of funds for relocation of Army CID special agent training course", "nested": [ { "text": "(a) Limitation \nNone of the funds authorized to be appropriated by this Act for fiscal year 2024 for the Army to relocate an Army CID special agent training course may be obligated or expended until— (1) the Secretary of the Army submits to the Committees on Armed Services of the Senate and the House of Representatives a separate report on any plans of the Secretary to relocate an Army CID special agent training course, including an explanation of the business case for any transfer of training personnel proposed as part of such plan; and (2) the Secretary provides to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the contents of the report specified in paragraph (1).", "id": "HE60B8F15C0DA40E991010E082AE7E704", "header": "Limitation", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) The term relocate , when used with respect to an Army CID special agent training course, means the transfer of such course to a location different than the location used for such course as of the date of the enactment of this Act. (2) The term Army CID special agent training course means a training course provided to members of the Army to prepare such members for service as special agents in the Army Criminal Investigation Division.", "id": "H90E60CF630094588A5548F9193C79771", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "557. Army Physical Fitness Test \n(a) In general \nThe physical fitness test of record for the United States Army in compliance with Department of Defense Instruction 1308.03, or any successor regulation, is the Army Physical Fitness Test according to the grading and evaluation scale as it existed on January 1, 2020. This test shall be the baseline test of physical fitness for members of the Army and administered at least annually, except when operational requirements or contingency operations would make such test administration impracticable. (b) Updates and modifications \nNotwithstanding subsection (a), the Army may update, replace, or modify the events and scoring standards in the Army Physical Fitness Test as the needs of the Army require after a robust pilot and testing period of at least 24 months. Such modifications shall not take effect until the date that is one year after the Secretary of the Army has provided a briefing on the planned changes to the Committees on Armed Services of the Senate and the House of Representatives. (c) Rule of construction \nNothing in this section prohibits the Army from using the Army Combat Fitness Test, or any other physical assessment the Army may develop, as a supplemental tool to assess physical fitness for all or parts of the force. Army Commanders may also require higher standards than the Army-wide grading scale for promotions, awards, schools and similar actions. Such supplemental assessment shall not constitute the baseline physical fitness assessment of record for the Army unless it is incorporated into the Army Physical Fitness Test using the procedure described in subsection (b).", "id": "idb13f131b2de5476fa5d7690f6cb0cb86", "header": "Army Physical Fitness Test", "nested": [ { "text": "(a) In general \nThe physical fitness test of record for the United States Army in compliance with Department of Defense Instruction 1308.03, or any successor regulation, is the Army Physical Fitness Test according to the grading and evaluation scale as it existed on January 1, 2020. This test shall be the baseline test of physical fitness for members of the Army and administered at least annually, except when operational requirements or contingency operations would make such test administration impracticable.", "id": "id5bcda8e2ae6e4439b075e6bd99530496", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Updates and modifications \nNotwithstanding subsection (a), the Army may update, replace, or modify the events and scoring standards in the Army Physical Fitness Test as the needs of the Army require after a robust pilot and testing period of at least 24 months. Such modifications shall not take effect until the date that is one year after the Secretary of the Army has provided a briefing on the planned changes to the Committees on Armed Services of the Senate and the House of Representatives.", "id": "id604c484105184ba987a76683cc164e80", "header": "Updates and modifications", "nested": [], "links": [] }, { "text": "(c) Rule of construction \nNothing in this section prohibits the Army from using the Army Combat Fitness Test, or any other physical assessment the Army may develop, as a supplemental tool to assess physical fitness for all or parts of the force. Army Commanders may also require higher standards than the Army-wide grading scale for promotions, awards, schools and similar actions. Such supplemental assessment shall not constitute the baseline physical fitness assessment of record for the Army unless it is incorporated into the Army Physical Fitness Test using the procedure described in subsection (b).", "id": "id7c32c67d88d14aacadd1cf36d47009f2", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "558. Opt-out sharing of information on members retiring or separating from the Armed Forces with community-based organizations and related entities \nSection 570F of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 1142 note) is amended— (1) in subsection (c)— (A) by striking out the form to indicate an email address and inserting the following: “out the form to indicate— (1) an email address; and ; and (B) by adding at the end the following new paragraph: (2) if the individual would like to opt-out of the transmittal of the individual’s information to and through a State veterans agency as described in subsection (a). ; and (2) by amending subsection (d) to read as follows: (d) Opt-out of information sharing \nInformation on an individual shall be transmitted to and through a State veterans agency as described in subsection (a) unless the individual indicates pursuant to subsection (c)(2) that the individual would like to opt out of such transmittal..", "id": "id356f76d8b0d844158badd152f81f2625", "header": "Opt-out sharing of information on members retiring or separating from the Armed Forces with community-based organizations and related entities", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "10 U.S.C. 1142", "legal-doc": "usc", "parsable-cite": "usc/10/1142" } ] }, { "text": "559. Establishment of program to promote participation of foreign students in the Senior Reserve Officers' Training Corps \n(a) Establishment \n(1) In general \nNot later than January 1, 2025, the Secretary of Defense shall establish a program using the authority provided under section 2103(b) of title 10, United States Code, to promote the participation of foreign students in the Senior Reserve Officers' Training Corps (in this section referred to as the Program ). (2) Organization \nThe Secretary of Defense, in consultation with the Director of the Defense Security Cooperation Agency, the Secretaries of the military departments, the commanders of the combatant commands, the participant institutions in the Senior Reserve Officers' Training Corps program, and any other individual the Secretary of Defense considers appropriate, shall be responsible for, and shall oversee, the Program. (b) Objective \nThe objective of the Program is to promote the readiness and interoperability of the United States Armed Forces and the military forces of partner countries by providing a high-quality, cost effective military-based educational experience for foreign students in furtherance of the military-to-military program objectives of the Department of Defense and to enhance the educational experience and preparation of future United States military leaders through increased, extended interaction with highly qualified potential foreign military leaders. (c) Activities \n(1) In general \nUnder the Program, the Secretary of Defense shall— (A) identify to the military services’ Senior Reserve Officers' Training Corps program the foreign students who, based on criteria established by the Secretary, the Secretary recommends be considered for admission under the Program; (B) coordinate with partner countries to evaluate interest in and promote awareness of the Program; (C) establish a mechanism for tracking an alumni network of foreign students who participate in the Program; and (D) to the extent practicable, work with the participant institutions in the Senior Reserve Officers' Training Corps program and partner countries to identify academic institutions and programs that— (i) have specialized academic programs in areas of study of interest to participating countries; or (ii) have high participation from or significant diaspora populations from participating countries. (d) Strategy \n(1) In general \nNot later than September 30, 2024, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a strategy for the implementation of the Program. (2) Elements \nThe strategy required by paragraph (1) shall include the following elements: (A) A governance structure for the Program, including— (i) the officials tasked to oversee the Program; (ii) the format of the governing body of the Program; (iii) the functions and duties of such governing body with respect to establishing and maintaining the Program; and (iv) mechanisms for coordinating with partner countries whose students are selected to participate in the Program. (B) A list of additional authorities, appropriations, or other congressional support necessary to ensure the success of the Program. (C) A description of targeted partner countries and participant institutions in the Senior Reserve Officers’ Training Corps for the first three fiscal years of the Program, including a rationale for selecting such initial partners. (D) A description of opportunities and potential timelines for future Program expansion, as appropriate. (E) A description of the mechanism for tracking the alumni network of participants of the Program. (F) Any other information the Secretary of Defense considers appropriate. (e) Report \n(1) In general \nNot later than September 20, 2025, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) a report on the Program. (2) Elements \nEach report required by paragraph (1) shall include the following elements: (A) A narrative summary of activities conducted as part of the Program during the preceding fiscal year. (B) An overview of participant Senior Reserve Officers’ Training Corps programs, individuals, and countries, to include a description of the areas of study entered into by the students participating in the Program. (C) A description of opportunities and potential timelines for future Program expansion, as appropriate. (D) Any other information the Secretary of Defense considers appropriate. (f) Limitation on authority \nThe Secretary of Defense may not use the authority provided under this section to pay for tuition or room and board for foreign students who participate in the Program. (g) Termination \nThe Program shall terminate on December 31, 2029.", "id": "idd3da1df1438d432c81836b7c0ce30f37", "header": "Establishment of program to promote participation of foreign students in the Senior Reserve Officers' Training Corps", "nested": [ { "text": "(a) Establishment \n(1) In general \nNot later than January 1, 2025, the Secretary of Defense shall establish a program using the authority provided under section 2103(b) of title 10, United States Code, to promote the participation of foreign students in the Senior Reserve Officers' Training Corps (in this section referred to as the Program ). (2) Organization \nThe Secretary of Defense, in consultation with the Director of the Defense Security Cooperation Agency, the Secretaries of the military departments, the commanders of the combatant commands, the participant institutions in the Senior Reserve Officers' Training Corps program, and any other individual the Secretary of Defense considers appropriate, shall be responsible for, and shall oversee, the Program.", "id": "iddfa028f0ec154ebeafde38d563d025e3", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Objective \nThe objective of the Program is to promote the readiness and interoperability of the United States Armed Forces and the military forces of partner countries by providing a high-quality, cost effective military-based educational experience for foreign students in furtherance of the military-to-military program objectives of the Department of Defense and to enhance the educational experience and preparation of future United States military leaders through increased, extended interaction with highly qualified potential foreign military leaders.", "id": "id5990800cd53b42b782e783585a2ecd57", "header": "Objective", "nested": [], "links": [] }, { "text": "(c) Activities \n(1) In general \nUnder the Program, the Secretary of Defense shall— (A) identify to the military services’ Senior Reserve Officers' Training Corps program the foreign students who, based on criteria established by the Secretary, the Secretary recommends be considered for admission under the Program; (B) coordinate with partner countries to evaluate interest in and promote awareness of the Program; (C) establish a mechanism for tracking an alumni network of foreign students who participate in the Program; and (D) to the extent practicable, work with the participant institutions in the Senior Reserve Officers' Training Corps program and partner countries to identify academic institutions and programs that— (i) have specialized academic programs in areas of study of interest to participating countries; or (ii) have high participation from or significant diaspora populations from participating countries.", "id": "ide832315c72d84eeba0959242d4672ee6", "header": "Activities", "nested": [], "links": [] }, { "text": "(d) Strategy \n(1) In general \nNot later than September 30, 2024, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a strategy for the implementation of the Program. (2) Elements \nThe strategy required by paragraph (1) shall include the following elements: (A) A governance structure for the Program, including— (i) the officials tasked to oversee the Program; (ii) the format of the governing body of the Program; (iii) the functions and duties of such governing body with respect to establishing and maintaining the Program; and (iv) mechanisms for coordinating with partner countries whose students are selected to participate in the Program. (B) A list of additional authorities, appropriations, or other congressional support necessary to ensure the success of the Program. (C) A description of targeted partner countries and participant institutions in the Senior Reserve Officers’ Training Corps for the first three fiscal years of the Program, including a rationale for selecting such initial partners. (D) A description of opportunities and potential timelines for future Program expansion, as appropriate. (E) A description of the mechanism for tracking the alumni network of participants of the Program. (F) Any other information the Secretary of Defense considers appropriate.", "id": "id5356463e177f4382b62df49455e6710c", "header": "Strategy", "nested": [], "links": [] }, { "text": "(e) Report \n(1) In general \nNot later than September 20, 2025, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) a report on the Program. (2) Elements \nEach report required by paragraph (1) shall include the following elements: (A) A narrative summary of activities conducted as part of the Program during the preceding fiscal year. (B) An overview of participant Senior Reserve Officers’ Training Corps programs, individuals, and countries, to include a description of the areas of study entered into by the students participating in the Program. (C) A description of opportunities and potential timelines for future Program expansion, as appropriate. (D) Any other information the Secretary of Defense considers appropriate.", "id": "id8d71051be8a14a50acbcb8fa463f794d", "header": "Report", "nested": [], "links": [] }, { "text": "(f) Limitation on authority \nThe Secretary of Defense may not use the authority provided under this section to pay for tuition or room and board for foreign students who participate in the Program.", "id": "id9abfc3a5ef2b4f2bb0deb747a1f68928", "header": "Limitation on authority", "nested": [], "links": [] }, { "text": "(g) Termination \nThe Program shall terminate on December 31, 2029.", "id": "idfa40a7f90a1e43b383b9815310e0686f", "header": "Termination", "nested": [], "links": [] } ], "links": [] }, { "text": "560. Consideration of standardized test scores in military service academy application process \nThe Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy require the submission and consideration of standardized test scores as part of the their application processes.", "id": "id476CC57695F24182945206594B671FBE", "header": "Consideration of standardized test scores in military service academy application process", "nested": [], "links": [] }, { "text": "560A. Extension of Troops for Teachers program to the Job Corps \nSection 1154 of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A)(ii), by striking ; or and inserting s semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following new subparagraph: (C) a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3197 ). ; and (B) in paragraph (3)— (i) in subparagraph (B), by striking ; or and inserting s semicolon; (ii) in subparagraph (C), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following new subparagraph: (D) a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3197 ). ; (2) in subsection (d)(4)(A)(ii), by inserting or Job Corps centers after secondary schools ; and (3) in subsection (e)(2)(E), by inserting or Job Corps center after secondary school.", "id": "id1020ed8248ba4f01a5f2e5a74921f183", "header": "Extension of Troops for Teachers program to the Job Corps", "nested": [], "links": [ { "text": "29 U.S.C. 3197", "legal-doc": "usc", "parsable-cite": "usc/29/3197" }, { "text": "29 U.S.C. 3197", "legal-doc": "usc", "parsable-cite": "usc/29/3197" } ] }, { "text": "561. Pilot program on recruitment and retention of employees for child development programs \n(a) In general \nThe Secretary of Defense may develop and implement a pilot program to assess the effectiveness of increasing compensation for employees of child development programs on military installations in improving the ability of such programs to recruit and retain such employees. (b) Compensation \nIf the Secretary implements the pilot program authorized by subsection (a), the Secretary shall provide for the payment of compensation to employees of child development programs under the pilot program at a fair and competitive wage in keeping with market conditions. (c) Selection of locations \n(1) In general \nIf the Secretary implements the pilot program authorized by subsection (a), the Secretary shall select not fewer than five military installations for purposes of carrying out the pilot program. (2) Considerations \nIn selecting military installations under paragraph (1), the Secretary shall consider military installations with child development programs— (A) with a shortage of qualified employees; or (B) subject to other conditions identified by the Secretary that affect the ability of the programs to operate at full capacity. (d) Regulations \nThe Secretary may prescribe such regulations as are necessary to carry out this section. (e) Duration of pilot program \nIf the Secretary implements the pilot program authorized by subsection (a), the pilot program shall— (1) commence on the date on which the Secretary prescribes regulations under subsection (d); and (2) terminate on the date that is 3 years after the date described in paragraph (1). (f) Briefings required \n(1) Initial briefing \nIf the Secretary implements the pilot program authorized by subsection (a), the Secretary shall, when the pilot program commences in accordance with subsection (e)(1), brief the Committees on Armed Services of the Senate and the House of Representatives on— (A) the military installations selected under subsection (c) for purposes of carrying out the pilot program; and (B) the data that informed those selections. (2) Final briefing \nIf the Secretary implements the pilot program authorized by subsection (a), the Secretary shall, not later than 180 days before the pilot program terminates in accordance with subsection (e)(2), brief the Committees on Armed Services of the Senate and the House of Representatives on the outcomes and findings of the pilot program, including— (A) data collected and analyses conducted under the pilot program with respect to the relationship between increased compensation for employees of child development programs and improved recruitment or retention of those employees; and (B) any recommendations with respect to increases in compensation for employees of child development programs across the Department of Defense as a result of the pilot program. (g) Child development program defined \nIn this section, the term child development program means a program to provide child care services for children, between birth through 12 years of age, of members of the Armed Forces and civilian employees of the Department of Defense.", "id": "id593bde913c344a6dba822f821cc3a4c4", "header": "Pilot program on recruitment and retention of employees for child development programs", "nested": [ { "text": "(a) In general \nThe Secretary of Defense may develop and implement a pilot program to assess the effectiveness of increasing compensation for employees of child development programs on military installations in improving the ability of such programs to recruit and retain such employees.", "id": "id0cf44fa1da374413991e9151d01486e0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Compensation \nIf the Secretary implements the pilot program authorized by subsection (a), the Secretary shall provide for the payment of compensation to employees of child development programs under the pilot program at a fair and competitive wage in keeping with market conditions.", "id": "idb65bf06b67064db081a8e3559824a78b", "header": "Compensation", "nested": [], "links": [] }, { "text": "(c) Selection of locations \n(1) In general \nIf the Secretary implements the pilot program authorized by subsection (a), the Secretary shall select not fewer than five military installations for purposes of carrying out the pilot program. (2) Considerations \nIn selecting military installations under paragraph (1), the Secretary shall consider military installations with child development programs— (A) with a shortage of qualified employees; or (B) subject to other conditions identified by the Secretary that affect the ability of the programs to operate at full capacity.", "id": "idc10d6057b5664e78a4098820cdbe6a86", "header": "Selection of locations", "nested": [], "links": [] }, { "text": "(d) Regulations \nThe Secretary may prescribe such regulations as are necessary to carry out this section.", "id": "id0f7ba0ba2471450996b4326de35d0b65", "header": "Regulations", "nested": [], "links": [] }, { "text": "(e) Duration of pilot program \nIf the Secretary implements the pilot program authorized by subsection (a), the pilot program shall— (1) commence on the date on which the Secretary prescribes regulations under subsection (d); and (2) terminate on the date that is 3 years after the date described in paragraph (1).", "id": "id4c28f21e90a042d98c039bbb6efd98c7", "header": "Duration of pilot program", "nested": [], "links": [] }, { "text": "(f) Briefings required \n(1) Initial briefing \nIf the Secretary implements the pilot program authorized by subsection (a), the Secretary shall, when the pilot program commences in accordance with subsection (e)(1), brief the Committees on Armed Services of the Senate and the House of Representatives on— (A) the military installations selected under subsection (c) for purposes of carrying out the pilot program; and (B) the data that informed those selections. (2) Final briefing \nIf the Secretary implements the pilot program authorized by subsection (a), the Secretary shall, not later than 180 days before the pilot program terminates in accordance with subsection (e)(2), brief the Committees on Armed Services of the Senate and the House of Representatives on the outcomes and findings of the pilot program, including— (A) data collected and analyses conducted under the pilot program with respect to the relationship between increased compensation for employees of child development programs and improved recruitment or retention of those employees; and (B) any recommendations with respect to increases in compensation for employees of child development programs across the Department of Defense as a result of the pilot program.", "id": "idb508c3fe05d7493cb4c909d7590c84ec", "header": "Briefings required", "nested": [], "links": [] }, { "text": "(g) Child development program defined \nIn this section, the term child development program means a program to provide child care services for children, between birth through 12 years of age, of members of the Armed Forces and civilian employees of the Department of Defense.", "id": "id09d46fd1226f44ac80e29ef4e3de8254", "header": "Child development program defined", "nested": [], "links": [] } ], "links": [] }, { "text": "562. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel \n(a) Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees \n(1) Assistance to schools with significant numbers of military dependent students \nOf the amount authorized to be appropriated for fiscal year 2024 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 20 U.S.C. 7703b ). (2) Local educational agency defined \nIn this subsection, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) ). (b) Impact aid for children with severe disabilities \n(1) In general \nOf the amount authorized to be appropriated for fiscal year 2024 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 114 Stat. 1654A–77; 20 U.S.C. 7703a ). (2) Additional amount \nOf the amount authorized to be appropriated for fiscal year 2024 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $20,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities. (3) Report \nNot later than March 31, 2024, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Department’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive.", "id": "id6689034871904BCD8ABE1D0BDB676DBD", "header": "Certain assistance to local educational agencies that benefit dependents of military and civilian personnel", "nested": [ { "text": "(a) Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees \n(1) Assistance to schools with significant numbers of military dependent students \nOf the amount authorized to be appropriated for fiscal year 2024 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 20 U.S.C. 7703b ). (2) Local educational agency defined \nIn this subsection, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) ).", "id": "H4D4B26F3069645949A6660E6DE11F38A", "header": "Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees", "nested": [], "links": [ { "text": "Public Law 109–163", "legal-doc": "public-law", "parsable-cite": "pl/109/163" }, { "text": "20 U.S.C. 7703b", "legal-doc": "usc", "parsable-cite": "usc/20/7703b" }, { "text": "20 U.S.C. 7713(9)", "legal-doc": "usc", "parsable-cite": "usc/20/7713" } ] }, { "text": "(b) Impact aid for children with severe disabilities \n(1) In general \nOf the amount authorized to be appropriated for fiscal year 2024 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 114 Stat. 1654A–77; 20 U.S.C. 7703a ). (2) Additional amount \nOf the amount authorized to be appropriated for fiscal year 2024 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $20,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities. (3) Report \nNot later than March 31, 2024, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Department’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive.", "id": "H2715B497085E46FF93FC98AEBF57122A", "header": "Impact aid for children with severe disabilities", "nested": [], "links": [ { "text": "Public Law 106–398", "legal-doc": "public-law", "parsable-cite": "pl/106/398" }, { "text": "20 U.S.C. 7703a", "legal-doc": "usc", "parsable-cite": "usc/20/7703a" } ] } ], "links": [ { "text": "Public Law 109–163", "legal-doc": "public-law", "parsable-cite": "pl/109/163" }, { "text": "20 U.S.C. 7703b", "legal-doc": "usc", "parsable-cite": "usc/20/7703b" }, { "text": "20 U.S.C. 7713(9)", "legal-doc": "usc", "parsable-cite": "usc/20/7713" }, { "text": "Public Law 106–398", "legal-doc": "public-law", "parsable-cite": "pl/106/398" }, { "text": "20 U.S.C. 7703a", "legal-doc": "usc", "parsable-cite": "usc/20/7703a" } ] }, { "text": "563. Modifications to assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations \n(a) In general \nSection 575 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( 20 U.S.C. 7703d ) is amended— (1) in subsection (a)— (A) by striking year, the local educational agency and all that follows through (as determined and inserting year, the local educational agency had (as determined ; (B) by striking paragraph (2); (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by moving such paragraphs, as so redesignated, two ems to the left; and (D) in paragraph (2), as redesignated by subparagraph (C), by striking ; or and inserting a period; (2) in subsection (f)— (A) by striking The Secretary of Defense and inserting the following: (1) In general \nThe Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, ; and (B) by adding at the end the following: (2) Method of disbursement \nThe Director shall make disbursements under paragraph (1) using existing authorities of the Office. ; (3) by striking subsection (h); and (4) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively. (b) Briefing required \nNot later than March 1, 2024, the Director of the Office of Local Defense Community Cooperation shall brief the Committees of the Armed Services of the Senate and the House of Representatives on— (1) any additional authorities that would be helpful to the Office in its efforts to better support local educational agencies; and (2) any actions taken to implement the recommendations outlined in the March 2008 report entitled Update to the Report on Assistance to Local Educational Agencies for Defense Dependents Education and required by section 574(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 120 Stat. 2227) (as in effect on the date of the enactment of that Act).", "id": "id5074cef581794712af893035e132a29f", "header": "Modifications to assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations", "nested": [ { "text": "(a) In general \nSection 575 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( 20 U.S.C. 7703d ) is amended— (1) in subsection (a)— (A) by striking year, the local educational agency and all that follows through (as determined and inserting year, the local educational agency had (as determined ; (B) by striking paragraph (2); (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by moving such paragraphs, as so redesignated, two ems to the left; and (D) in paragraph (2), as redesignated by subparagraph (C), by striking ; or and inserting a period; (2) in subsection (f)— (A) by striking The Secretary of Defense and inserting the following: (1) In general \nThe Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, ; and (B) by adding at the end the following: (2) Method of disbursement \nThe Director shall make disbursements under paragraph (1) using existing authorities of the Office. ; (3) by striking subsection (h); and (4) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively.", "id": "id8d5764b4862e47818914c148d99176a9", "header": "In general", "nested": [], "links": [ { "text": "20 U.S.C. 7703d", "legal-doc": "usc", "parsable-cite": "usc/20/7703d" } ] }, { "text": "(b) Briefing required \nNot later than March 1, 2024, the Director of the Office of Local Defense Community Cooperation shall brief the Committees of the Armed Services of the Senate and the House of Representatives on— (1) any additional authorities that would be helpful to the Office in its efforts to better support local educational agencies; and (2) any actions taken to implement the recommendations outlined in the March 2008 report entitled Update to the Report on Assistance to Local Educational Agencies for Defense Dependents Education and required by section 574(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 120 Stat. 2227) (as in effect on the date of the enactment of that Act).", "id": "idac5b39975e4e4eaab07015ea741d80be", "header": "Briefing required", "nested": [], "links": [ { "text": "Public Law 109–364", "legal-doc": "public-law", "parsable-cite": "pl/109/364" } ] } ], "links": [ { "text": "20 U.S.C. 7703d", "legal-doc": "usc", "parsable-cite": "usc/20/7703d" }, { "text": "Public Law 109–364", "legal-doc": "public-law", "parsable-cite": "pl/109/364" } ] }, { "text": "564. Assistance for military spouses to obtain doula certifications \nSection 1784a of title 10, United States Code, is amended by adding at the end the following new subsection: (f) Doula certifications \nIn carrying out the programs authorized by subsection (a), the Secretary shall provide assistance to the spouse of a member of the armed forces described in subsection (b) in obtaining a doula certification provided by an organization that receives reimbursement under the extramedical maternal health providers demonstration project required by section 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 1073 note)..", "id": "idefaa4acb412f425097acc468261cf028", "header": "Assistance for military spouses to obtain doula certifications", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 1073", "legal-doc": "usc", "parsable-cite": "usc/10/1073" } ] }, { "text": "571. Expansion of Junior Reserve Officers’ Training Corps \nSection 2031 of title 10, United States Code, is amended— (1) in subsection (a)(1)— (A) by striking The President shall promulgate and inserting The Secretary of Defense shall promulgate ; and (B) by striking maintained, and shall provide and all that follows through the period at the end and inserting maintained. ; and (2) by adding at the end the following new subsection: (g) (1) The Secretary of Defense shall establish and support not less than 3,400, and not more than 4,000, units of the Junior Reserve Officers’ Training Corps. (2) The requirement under paragraph (1) shall not apply— (A) if the Secretary fails to receive an adequate number of requests for Junior Reserve Officer’s Training Corps units by public and private secondary educational institutions; and (B) during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere..", "id": "id238AE6449EE444209F73176E76700FEF", "header": "Expansion of Junior Reserve Officers’ Training Corps", "nested": [], "links": [] }, { "text": "572. JROTC program certification \nSection 2031 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) The Secretary of Defense may suspend or place on probation a Junior Reserve Officers’ Training Corps unit that fails to comply with provisions of the standardized memorandum of understanding required pursuant to subsection (b). (2) Not later than one year after the date of the enactment of this subsection, and annually thereafter for four years, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report including information on units suspended or placed on probation pursuant to this subsection and a justification for the reinstatement of any such unit. (3) A unit may be placed on probation for a period of up to three years for failing to comply with the provisions of the standardized memorandum of understanding or any other requirement in this section. A unit may be suspended if, after the three-year probationary period, such unit remains out of compliance with the requirements of this section, and the Secretary of the military department concerned determines that such suspension is necessary to mitigate program deficiencies or to protect the safety of program participants..", "id": "id76e3b63c642b4d19a552e56e33bc633a", "header": "JROTC program certification", "nested": [], "links": [] }, { "text": "573. Memorandum of understanding required \nSection 2031(b) of title 10, United States Code, is amended— (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E); (2) by inserting (1) after (b) ; (3) in subparagraph (A), as redesignated by paragraph (1)— (A) by striking (A) and inserting (i) ; and (B) by striking (B) and inserting (ii) ; (4) by amending subparagraph (E), as so redesignated, to read as follows: the unit meets such other requirements as the Secretary of the military department concerned proscribes in the memorandum of understanding required under this subsection. ; and (5) by adding at the end the following new paragraph: (2) The Secretary of Defense shall issue regulations establishing a standardized memorandum of understanding to be signed by the Secretary of the military department concerned and each institution operating a unit under this section. The memorandum shall address the following matters: (A) A requirement for institutions to notify the appropriate armed force of allegations of misconduct against an instructor receiving retired or other pay from such armed force, including procedures that would require such institutions to report allegations of sexual misconduct, including harassment, against an instructor, within 48 hours of learning of such allegations; (B) Processes by which the military departments certify instructors, including the conduct of appropriate background checks by the military service and the institution concerned. (C) Processes by which the military service will conduct oversight of their certified instructors, including the requirement to recertify instructors not less often than once every five years. (D) Processes by which such institution’s program will be inspected by the military department concerned prior to establishment of a new unit, or not less often than once every four years in the case of units existing as of January 1, 2024, staggered as the Secretary determines appropriate. (E) A requirement that each institution certifies it— (i) has created a process for students to report violations of their rights under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), as applicable, and title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), including the rights of students to not be subject to discrimination or subject to retaliation for reporting a violation of those laws, if such laws apply to the institution; (ii) has implemented policies ensuring students and instructors are notified of those rights, as well as the process for reporting violations of those rights, including information on available mandatory reporters, if such laws apply to the institution; (iii) has implemented annual training to inform students of methods to prevent, respond to, and report sexual assault and harassment; (iv) agrees to report all allegations of violations described under this subparagraph to the military department concerned and, if subject to the jurisdiction of the Department of Education, the Department of Education’s Office of Civil Rights not less often than annually; (v) has developed processes to ensure that each student enrolled in a unit under this section has done so voluntarily; and (vi) agrees to provide the data necessary to compile the report required under subsection (j)..", "id": "idaf8fbbaeef8f42fdb5bf0761632cfc06", "header": "Memorandum of understanding required", "nested": [], "links": [ { "text": "20 U.S.C. 1681 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1681" }, { "text": "42 U.S.C. 2000d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000d" } ] }, { "text": "574. Junior Reserve Officers’ Training Corps instructor compensation \nSection 2031 of title 10, United States Code, is amended— (1) by amending subsection (d) to read as follows: (d) (1) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1), the Secretary of the military department concerned may authorize qualified institutions to employ, as administrators and instructors in the program— (A) retired officers and noncommissioned officers whose qualifications are approved by the Secretary and the institution concerned and who request such employment; (B) officers and noncommissioned officers who are separated with an honorable discharge within the past 5 years with at least 8 years of service and are approved by the Secretary and the institution concerned and who request such employment; or (C) officers and noncommissioned officers who are active participating members of the selected reserve at the time of application, for purposes of section 101(d) of this title, and have not yet reached retirement eligibility and are approved by the Secretary and the institution concerned and who request such employment. (2) Employment under this subsection shall be subject to the following conditions: (A) The Secretary concerned shall pay to the institution an amount equal to one-half of the Department’s prescribed JROTC Standardized Instructor Pay Scale (JSIPS) amount paid to the member by the institution for any period. (B) The Secretary concerned may pay to the institution more than one-half of the amount paid to the member by the institution if (as determined by the Secretary)— (i) the institution is in an educationally and economically deprived area; and (ii) the Secretary determines that such action is in the national interest. (C) Payments by the Secretary concerned under this subsection shall be made from funds appropriated for that purpose. (D) The Secretary concerned may require successful applicants to transfer to the Individual Ready Reserve (IRR). ; (2) by striking subsections (e) and (f); and (3) by redesignating subsections (g) and (h) as subsections (e) and (f), respectively.", "id": "id23D0D2EF08B64D159F1379CA0199D561", "header": "Junior Reserve Officers’ Training Corps instructor compensation", "nested": [], "links": [] }, { "text": "575. Annual report on allegations of sexual misconduct in JROTC programs \nSection 2031 of title 10, United States Code, as amended by section 572 of this Act, is further amended by adding at the end the following new subsection: (j) (1) Not later than March 31, 2024, and annually thereafter through March 31, 2029, the Secretary of Defense shall submit to Committees on Armed Services of the Senate and the House of Representatives a report on allegations of sexual misconduct, sexual harassment, and sex discrimination in JROTC programs during the preceding year. (2) Each report required under paragraph (1) shall set forth the following: (A) The number of reported allegations of violations under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) in school-affiliated JROTC programs, including— (i) the number of such reported allegations that were investigated; (ii) the outcome of those investigations; and (iii) the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred. (B) The number of reports that the Department of Defense or military services have received during the reporting period involving allegations of acts of violence, including sexual abuse or harassment, by instructors against students in the JROTC program, including— (i) the offense involved; (ii) the military service involved; (iii) the number of instructors and number of allegations they each received; (iv) the number of reports of sexual misconduct and harassment that have been investigated; (v) the number of reports or investigations that have led to the removal of instructors from JROTC programs; and (vi) the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred. (C) Any steps the Department of Defense has taken to mitigate sexual misconduct and harassment in JROTC programs during the preceding year. (3) Each report required under paragraph (1) shall be submitted in unclassified form and may not be marked as controlled unclassified information. (4) The Secretary shall annually report to the Committees on Armed Services of the Senate and the House of Representatives regarding compliance with this subsection by the JROTC program, including an up-to-date report on the Secretary’s monitoring of such compliance. (5) The Secretary may seek the advice and counsel of the Attorney General and the Secretary of Health and Human Services concerning the development and dissemination to the JROTC program of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements. (6) No officer, employee, or agent of an institution participating in any program under this chapter shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection..", "id": "idd935a2eedd4a49b98a7026fef8cf649b", "header": "Annual report on allegations of sexual misconduct in JROTC programs", "nested": [], "links": [ { "text": "20 U.S.C. 1681 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1681" } ] }, { "text": "576. Comptroller General report on efforts to increase transparency and reporting on sexual violence in the Junior Reserve Officers’ Training Corps Program \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on efforts to increase transparency and reporting on sexual violence in the Junior Reserve Officers’ Training Corps Program. (b) Elements \nThe report required under subsection (a) shall include a description of the following: (1) The implementation of section 2031 of title 10, United States Code, as amended by sections 572, 573, and 575 of this Act. (2) The adequacy of the Department of Defense’s vetting process for Junior Reserve Officers’ Training Corps instructors. (3) The Department of Defense and the Department of Education’s oversight of compliance of units with respect to title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) and title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ). (4) Any changes in the numbers of sexual harassment, assault, or stalking incidents reported to institutions or law enforcement agencies. (5) The sufficiency of military department unit inspections. (c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means the Committee on Armed Services of the Senate and the House of Representatives.", "id": "idf952f1dcb74e4e1ca8ee6c7894130b7b", "header": "Comptroller General report on efforts to increase transparency and reporting on sexual violence in the Junior Reserve Officers’ Training Corps Program", "nested": [ { "text": "(a) In general \nNot later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on efforts to increase transparency and reporting on sexual violence in the Junior Reserve Officers’ Training Corps Program.", "id": "idd00b108bfc91405c90b544cbf9cc663c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required under subsection (a) shall include a description of the following: (1) The implementation of section 2031 of title 10, United States Code, as amended by sections 572, 573, and 575 of this Act. (2) The adequacy of the Department of Defense’s vetting process for Junior Reserve Officers’ Training Corps instructors. (3) The Department of Defense and the Department of Education’s oversight of compliance of units with respect to title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) and title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ). (4) Any changes in the numbers of sexual harassment, assault, or stalking incidents reported to institutions or law enforcement agencies. (5) The sufficiency of military department unit inspections.", "id": "id7e7566000b0c47339d62c98680d13e50", "header": "Elements", "nested": [], "links": [ { "text": "20 U.S.C. 1681 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1681" }, { "text": "42 U.S.C. 2000d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000d" } ] }, { "text": "(c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means the Committee on Armed Services of the Senate and the House of Representatives.", "id": "id173cb1ddbd4c48f48dc54686ab794e41", "header": "Appropriate congressional committees defined", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1681 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1681" }, { "text": "42 U.S.C. 2000d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000d" } ] }, { "text": "581. Extension of deadline for review of World War I valor medals \nSection 584(f) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 7271 note) is amended by striking six years after the date of the enactment of this Act and inserting December 31, 2028.", "id": "idFD748E5A2EB54D7D9FDD9BC13588F279", "header": "Extension of deadline for review of World War I valor medals", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "10 U.S.C. 7271", "legal-doc": "usc", "parsable-cite": "usc/10/7271" } ] }, { "text": "582. Prohibition on former members of the Armed Forces accepting post-service employment with certain foreign governments \n(a) In general \nChapter 49 of title 10, United States Code, is amended by adding at the end the following new section: 989. Prohibition on former members of the armed forces accepting post-service employment with certain foreign governments \n(a) In general \nExcept as provided by subsection (b), a covered individual may not occupy a covered post-service position. (b) Temporary waiver \n(1) In general \nThe Secretary of Defense shall establish a process under which a covered individual may be granted a temporary waiver of the prohibition under subsection (a) if— (A) the individual, or a Federal agency on behalf of, and with the consent of, the individual, submits to the Secretary a written application for a waiver in such form and manner as the Secretary determines appropriate; and (B) the Secretary determines that the waiver is necessary to advance the national security interests of the United States. (2) Period of waiver \nA waiver issued under paragraph (1) shall apply for a period not exceeding 5 years. The Secretary may renew such a waiver. (3) Revocation \nThe Secretary may revoke a waiver issued under paragraph (1) to a covered individual with respect to a covered-post service position if the Secretary determines that the employment of the individual in the covered-post service position poses a threat to national security. (4) Notification \n(A) In general \nNot later than 30 days after the date on which the Secretary issues a waiver under paragraph (1) or revokes a waiver under paragraph (3), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives written notification of the waiver or revocation, as the case may be. (B) Elements \nA notification required by subparagraph (A) shall include the following: (i) With respect to a waiver issued to a covered individual— (I) the details of the application, including the position held by the individual in the armed forces; (II) the nature of the post-service position of the individual; (III) a description of the national security interests that will be advanced by reason of issuing such a waiver; and (IV) the specific reasons why the Secretary determines that issuing the waiver will advance such interests. (ii) With respect to a revocation of a waiver issued to a covered individual— (I) the details of the waiver, including any renewals of the waiver, and the dates of such waiver and renewals; and (II) the specific reasons why the Secretary determined that the revocation is warranted. (c) Certification of prohibition \nIn implementing the prohibition under subsection (a), the Secretary shall establish a process under which each member of the armed forces is, before the member retires or is otherwise separated from the armed forces— (1) informed in writing of the prohibition, and the penalties for violations of the prohibition; and (2) is required to certify that the member understands the prohibition and those penalties. (d) Penalties \nIn the case of a covered individual who knowingly and willfully fails to comply with the prohibition under subsection (a), the Secretary shall, as applicable— (1) withhold any pay, allowances, or benefits that would otherwise be provided to the individual by the Department of Defense; and (2) revoke any security clearance of the individual. (e) Annual reports \n(1) Requirement \nNot later than March 31, 2024, and annually thereafter, the Secretary shall submit to the congressional defense committees a report on covered post-service employment occurring during the year covered by the report. (2) Elements \nEach report required by paragraph (1) shall include the following: (A) The number of former covered individuals who occupy a covered post-service position, broken down by— (i) the name of the employer; (ii) the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and (iii) the nature of the services provided as part of the covered post-service employment. (B) An assessment by the Secretary of whether— (i) the Department of Defense maintains adequate systems and processes for ensuring that former members of the armed forces are submitting required reports relating to their employment by foreign governments; (ii) all covered individuals who occupy a covered post-service position are in compliance with this section; (iii) the services provided by the covered individuals who occupy a covered post-service position pose a current or future threat to the national security of the United States; and (iv) there is any credible information or reporting that any covered individual who occupies a covered post-service position has engaged in activities that violate Federal law. (3) Form of report \nEach report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (f) Notifications of determinations of certain threats \n(1) Requirement \nIn addition to the annual reports under subsection (d), if the Secretary determines that the services provided by a covered individual who occupies a covered post-service position pose a threat described in clause (iii) of paragraph (2)(B) of that subsection, or include activities described in clause (iv) of such paragraph, the Secretary shall notify the congressional defense committees of that determination by not later than 30 days after making the determination. (2) Elements \nA notification required by paragraph (1) shall include the following: (A) The name of the covered individual. (B) The name of the employer. (C) The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed. (D) As applicable, a description of the risk to national security and the activities that may violate Federal law. (g) Rule of construction \nNothing in this section may be construed to indemnify or shield covered individuals from prosecution under any relevant provision of title 18. (h) Definitions \nIn this section: (1) Covered individual \nThe term covered individual means an individual who has retired or otherwise separated from an active or reserve component of the Armed Forces. (2) Covered post-service employment \nThe term covered post-service employment means direct or indirect employment by, representation of, or any provision of advice or services relating to national security, intelligence, the military, or internal security to— (A) the government of— (i) a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(m) )); or (ii) a country the Secretary of Defense determines acts as a proxy or passthrough for services for a country of concern; or (B) any company, entity, or other person the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by a government described in subparagraph (A). (3) Covered post-service position \nThe term covered post-service position means a position of employment described in paragraph (2).. (b) Clerical amendment \nThe table of sections at the beginning of chapter 49 of such title is amended by adding at the end the following new item: 989. Prohibition on former members of the armed forces accepting post-service employment with certain foreign governments.. (c) Conforming amendment \nSection 908 of title 37, United States Code, is amended by adding at the end the following new subsection: (f) Prohibition on former members of armed forces accepting employment with certain foreign governments \nFor a provision of law prohibiting former members of the armed forces from accepting post-service employment with certain foreign governments, see section 989 of title 10..", "id": "id5c96e4b464b7463da251fd4d548ef1db", "header": "Prohibition on former members of the Armed Forces accepting post-service employment with certain foreign governments", "nested": [ { "text": "(a) In general \nChapter 49 of title 10, United States Code, is amended by adding at the end the following new section: 989. Prohibition on former members of the armed forces accepting post-service employment with certain foreign governments \n(a) In general \nExcept as provided by subsection (b), a covered individual may not occupy a covered post-service position. (b) Temporary waiver \n(1) In general \nThe Secretary of Defense shall establish a process under which a covered individual may be granted a temporary waiver of the prohibition under subsection (a) if— (A) the individual, or a Federal agency on behalf of, and with the consent of, the individual, submits to the Secretary a written application for a waiver in such form and manner as the Secretary determines appropriate; and (B) the Secretary determines that the waiver is necessary to advance the national security interests of the United States. (2) Period of waiver \nA waiver issued under paragraph (1) shall apply for a period not exceeding 5 years. The Secretary may renew such a waiver. (3) Revocation \nThe Secretary may revoke a waiver issued under paragraph (1) to a covered individual with respect to a covered-post service position if the Secretary determines that the employment of the individual in the covered-post service position poses a threat to national security. (4) Notification \n(A) In general \nNot later than 30 days after the date on which the Secretary issues a waiver under paragraph (1) or revokes a waiver under paragraph (3), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives written notification of the waiver or revocation, as the case may be. (B) Elements \nA notification required by subparagraph (A) shall include the following: (i) With respect to a waiver issued to a covered individual— (I) the details of the application, including the position held by the individual in the armed forces; (II) the nature of the post-service position of the individual; (III) a description of the national security interests that will be advanced by reason of issuing such a waiver; and (IV) the specific reasons why the Secretary determines that issuing the waiver will advance such interests. (ii) With respect to a revocation of a waiver issued to a covered individual— (I) the details of the waiver, including any renewals of the waiver, and the dates of such waiver and renewals; and (II) the specific reasons why the Secretary determined that the revocation is warranted. (c) Certification of prohibition \nIn implementing the prohibition under subsection (a), the Secretary shall establish a process under which each member of the armed forces is, before the member retires or is otherwise separated from the armed forces— (1) informed in writing of the prohibition, and the penalties for violations of the prohibition; and (2) is required to certify that the member understands the prohibition and those penalties. (d) Penalties \nIn the case of a covered individual who knowingly and willfully fails to comply with the prohibition under subsection (a), the Secretary shall, as applicable— (1) withhold any pay, allowances, or benefits that would otherwise be provided to the individual by the Department of Defense; and (2) revoke any security clearance of the individual. (e) Annual reports \n(1) Requirement \nNot later than March 31, 2024, and annually thereafter, the Secretary shall submit to the congressional defense committees a report on covered post-service employment occurring during the year covered by the report. (2) Elements \nEach report required by paragraph (1) shall include the following: (A) The number of former covered individuals who occupy a covered post-service position, broken down by— (i) the name of the employer; (ii) the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and (iii) the nature of the services provided as part of the covered post-service employment. (B) An assessment by the Secretary of whether— (i) the Department of Defense maintains adequate systems and processes for ensuring that former members of the armed forces are submitting required reports relating to their employment by foreign governments; (ii) all covered individuals who occupy a covered post-service position are in compliance with this section; (iii) the services provided by the covered individuals who occupy a covered post-service position pose a current or future threat to the national security of the United States; and (iv) there is any credible information or reporting that any covered individual who occupies a covered post-service position has engaged in activities that violate Federal law. (3) Form of report \nEach report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (f) Notifications of determinations of certain threats \n(1) Requirement \nIn addition to the annual reports under subsection (d), if the Secretary determines that the services provided by a covered individual who occupies a covered post-service position pose a threat described in clause (iii) of paragraph (2)(B) of that subsection, or include activities described in clause (iv) of such paragraph, the Secretary shall notify the congressional defense committees of that determination by not later than 30 days after making the determination. (2) Elements \nA notification required by paragraph (1) shall include the following: (A) The name of the covered individual. (B) The name of the employer. (C) The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed. (D) As applicable, a description of the risk to national security and the activities that may violate Federal law. (g) Rule of construction \nNothing in this section may be construed to indemnify or shield covered individuals from prosecution under any relevant provision of title 18. (h) Definitions \nIn this section: (1) Covered individual \nThe term covered individual means an individual who has retired or otherwise separated from an active or reserve component of the Armed Forces. (2) Covered post-service employment \nThe term covered post-service employment means direct or indirect employment by, representation of, or any provision of advice or services relating to national security, intelligence, the military, or internal security to— (A) the government of— (i) a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(m) )); or (ii) a country the Secretary of Defense determines acts as a proxy or passthrough for services for a country of concern; or (B) any company, entity, or other person the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by a government described in subparagraph (A). (3) Covered post-service position \nThe term covered post-service position means a position of employment described in paragraph (2)..", "id": "iddfcd758ee0de4677abc04dde20a5883c", "header": "In general", "nested": [], "links": [ { "text": "Chapter 49", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/49" }, { "text": "22 U.S.C. 2651a(m)", "legal-doc": "usc", "parsable-cite": "usc/22/2651a" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of chapter 49 of such title is amended by adding at the end the following new item: 989. Prohibition on former members of the armed forces accepting post-service employment with certain foreign governments..", "id": "id543b97f25552424989f35498b821f4b0", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Conforming amendment \nSection 908 of title 37, United States Code, is amended by adding at the end the following new subsection: (f) Prohibition on former members of armed forces accepting employment with certain foreign governments \nFor a provision of law prohibiting former members of the armed forces from accepting post-service employment with certain foreign governments, see section 989 of title 10..", "id": "id8fff2e5e8733432e9ab9980c41e9c2a5", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 49", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/49" }, { "text": "22 U.S.C. 2651a(m)", "legal-doc": "usc", "parsable-cite": "usc/22/2651a" } ] }, { "text": "989. Prohibition on former members of the armed forces accepting post-service employment with certain foreign governments \n(a) In general \nExcept as provided by subsection (b), a covered individual may not occupy a covered post-service position. (b) Temporary waiver \n(1) In general \nThe Secretary of Defense shall establish a process under which a covered individual may be granted a temporary waiver of the prohibition under subsection (a) if— (A) the individual, or a Federal agency on behalf of, and with the consent of, the individual, submits to the Secretary a written application for a waiver in such form and manner as the Secretary determines appropriate; and (B) the Secretary determines that the waiver is necessary to advance the national security interests of the United States. (2) Period of waiver \nA waiver issued under paragraph (1) shall apply for a period not exceeding 5 years. The Secretary may renew such a waiver. (3) Revocation \nThe Secretary may revoke a waiver issued under paragraph (1) to a covered individual with respect to a covered-post service position if the Secretary determines that the employment of the individual in the covered-post service position poses a threat to national security. (4) Notification \n(A) In general \nNot later than 30 days after the date on which the Secretary issues a waiver under paragraph (1) or revokes a waiver under paragraph (3), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives written notification of the waiver or revocation, as the case may be. (B) Elements \nA notification required by subparagraph (A) shall include the following: (i) With respect to a waiver issued to a covered individual— (I) the details of the application, including the position held by the individual in the armed forces; (II) the nature of the post-service position of the individual; (III) a description of the national security interests that will be advanced by reason of issuing such a waiver; and (IV) the specific reasons why the Secretary determines that issuing the waiver will advance such interests. (ii) With respect to a revocation of a waiver issued to a covered individual— (I) the details of the waiver, including any renewals of the waiver, and the dates of such waiver and renewals; and (II) the specific reasons why the Secretary determined that the revocation is warranted. (c) Certification of prohibition \nIn implementing the prohibition under subsection (a), the Secretary shall establish a process under which each member of the armed forces is, before the member retires or is otherwise separated from the armed forces— (1) informed in writing of the prohibition, and the penalties for violations of the prohibition; and (2) is required to certify that the member understands the prohibition and those penalties. (d) Penalties \nIn the case of a covered individual who knowingly and willfully fails to comply with the prohibition under subsection (a), the Secretary shall, as applicable— (1) withhold any pay, allowances, or benefits that would otherwise be provided to the individual by the Department of Defense; and (2) revoke any security clearance of the individual. (e) Annual reports \n(1) Requirement \nNot later than March 31, 2024, and annually thereafter, the Secretary shall submit to the congressional defense committees a report on covered post-service employment occurring during the year covered by the report. (2) Elements \nEach report required by paragraph (1) shall include the following: (A) The number of former covered individuals who occupy a covered post-service position, broken down by— (i) the name of the employer; (ii) the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and (iii) the nature of the services provided as part of the covered post-service employment. (B) An assessment by the Secretary of whether— (i) the Department of Defense maintains adequate systems and processes for ensuring that former members of the armed forces are submitting required reports relating to their employment by foreign governments; (ii) all covered individuals who occupy a covered post-service position are in compliance with this section; (iii) the services provided by the covered individuals who occupy a covered post-service position pose a current or future threat to the national security of the United States; and (iv) there is any credible information or reporting that any covered individual who occupies a covered post-service position has engaged in activities that violate Federal law. (3) Form of report \nEach report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (f) Notifications of determinations of certain threats \n(1) Requirement \nIn addition to the annual reports under subsection (d), if the Secretary determines that the services provided by a covered individual who occupies a covered post-service position pose a threat described in clause (iii) of paragraph (2)(B) of that subsection, or include activities described in clause (iv) of such paragraph, the Secretary shall notify the congressional defense committees of that determination by not later than 30 days after making the determination. (2) Elements \nA notification required by paragraph (1) shall include the following: (A) The name of the covered individual. (B) The name of the employer. (C) The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed. (D) As applicable, a description of the risk to national security and the activities that may violate Federal law. (g) Rule of construction \nNothing in this section may be construed to indemnify or shield covered individuals from prosecution under any relevant provision of title 18. (h) Definitions \nIn this section: (1) Covered individual \nThe term covered individual means an individual who has retired or otherwise separated from an active or reserve component of the Armed Forces. (2) Covered post-service employment \nThe term covered post-service employment means direct or indirect employment by, representation of, or any provision of advice or services relating to national security, intelligence, the military, or internal security to— (A) the government of— (i) a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(m) )); or (ii) a country the Secretary of Defense determines acts as a proxy or passthrough for services for a country of concern; or (B) any company, entity, or other person the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by a government described in subparagraph (A). (3) Covered post-service position \nThe term covered post-service position means a position of employment described in paragraph (2).", "id": "id9bfdea72442649fe96bbb93a14bf6402", "header": "Prohibition on former members of the armed forces accepting post-service employment with certain foreign governments", "nested": [ { "text": "(a) In general \nExcept as provided by subsection (b), a covered individual may not occupy a covered post-service position.", "id": "id56e33697ca5a4a4abef4c757044285c4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Temporary waiver \n(1) In general \nThe Secretary of Defense shall establish a process under which a covered individual may be granted a temporary waiver of the prohibition under subsection (a) if— (A) the individual, or a Federal agency on behalf of, and with the consent of, the individual, submits to the Secretary a written application for a waiver in such form and manner as the Secretary determines appropriate; and (B) the Secretary determines that the waiver is necessary to advance the national security interests of the United States. (2) Period of waiver \nA waiver issued under paragraph (1) shall apply for a period not exceeding 5 years. The Secretary may renew such a waiver. (3) Revocation \nThe Secretary may revoke a waiver issued under paragraph (1) to a covered individual with respect to a covered-post service position if the Secretary determines that the employment of the individual in the covered-post service position poses a threat to national security. (4) Notification \n(A) In general \nNot later than 30 days after the date on which the Secretary issues a waiver under paragraph (1) or revokes a waiver under paragraph (3), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives written notification of the waiver or revocation, as the case may be. (B) Elements \nA notification required by subparagraph (A) shall include the following: (i) With respect to a waiver issued to a covered individual— (I) the details of the application, including the position held by the individual in the armed forces; (II) the nature of the post-service position of the individual; (III) a description of the national security interests that will be advanced by reason of issuing such a waiver; and (IV) the specific reasons why the Secretary determines that issuing the waiver will advance such interests. (ii) With respect to a revocation of a waiver issued to a covered individual— (I) the details of the waiver, including any renewals of the waiver, and the dates of such waiver and renewals; and (II) the specific reasons why the Secretary determined that the revocation is warranted.", "id": "id4d55315250c64a9d82a290563299fb82", "header": "Temporary waiver", "nested": [], "links": [] }, { "text": "(c) Certification of prohibition \nIn implementing the prohibition under subsection (a), the Secretary shall establish a process under which each member of the armed forces is, before the member retires or is otherwise separated from the armed forces— (1) informed in writing of the prohibition, and the penalties for violations of the prohibition; and (2) is required to certify that the member understands the prohibition and those penalties.", "id": "idaf7f277538b94500b2f25da30bf97d5d", "header": "Certification of prohibition", "nested": [], "links": [] }, { "text": "(d) Penalties \nIn the case of a covered individual who knowingly and willfully fails to comply with the prohibition under subsection (a), the Secretary shall, as applicable— (1) withhold any pay, allowances, or benefits that would otherwise be provided to the individual by the Department of Defense; and (2) revoke any security clearance of the individual.", "id": "id9d22d36fdbcd49eb9bc411fa5b2a24fa", "header": "Penalties", "nested": [], "links": [] }, { "text": "(e) Annual reports \n(1) Requirement \nNot later than March 31, 2024, and annually thereafter, the Secretary shall submit to the congressional defense committees a report on covered post-service employment occurring during the year covered by the report. (2) Elements \nEach report required by paragraph (1) shall include the following: (A) The number of former covered individuals who occupy a covered post-service position, broken down by— (i) the name of the employer; (ii) the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and (iii) the nature of the services provided as part of the covered post-service employment. (B) An assessment by the Secretary of whether— (i) the Department of Defense maintains adequate systems and processes for ensuring that former members of the armed forces are submitting required reports relating to their employment by foreign governments; (ii) all covered individuals who occupy a covered post-service position are in compliance with this section; (iii) the services provided by the covered individuals who occupy a covered post-service position pose a current or future threat to the national security of the United States; and (iv) there is any credible information or reporting that any covered individual who occupies a covered post-service position has engaged in activities that violate Federal law. (3) Form of report \nEach report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.", "id": "ide38286f7cddf44b58d2e07b242ce8846", "header": "Annual reports", "nested": [], "links": [] }, { "text": "(f) Notifications of determinations of certain threats \n(1) Requirement \nIn addition to the annual reports under subsection (d), if the Secretary determines that the services provided by a covered individual who occupies a covered post-service position pose a threat described in clause (iii) of paragraph (2)(B) of that subsection, or include activities described in clause (iv) of such paragraph, the Secretary shall notify the congressional defense committees of that determination by not later than 30 days after making the determination. (2) Elements \nA notification required by paragraph (1) shall include the following: (A) The name of the covered individual. (B) The name of the employer. (C) The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed. (D) As applicable, a description of the risk to national security and the activities that may violate Federal law.", "id": "idb9ee8eb1319642b4aeda49fd25e8596e", "header": "Notifications of determinations of certain threats", "nested": [], "links": [] }, { "text": "(g) Rule of construction \nNothing in this section may be construed to indemnify or shield covered individuals from prosecution under any relevant provision of title 18.", "id": "id15b3eea6ecc643a19a9a31ad2220a4c3", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(h) Definitions \nIn this section: (1) Covered individual \nThe term covered individual means an individual who has retired or otherwise separated from an active or reserve component of the Armed Forces. (2) Covered post-service employment \nThe term covered post-service employment means direct or indirect employment by, representation of, or any provision of advice or services relating to national security, intelligence, the military, or internal security to— (A) the government of— (i) a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(m) )); or (ii) a country the Secretary of Defense determines acts as a proxy or passthrough for services for a country of concern; or (B) any company, entity, or other person the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by a government described in subparagraph (A). (3) Covered post-service position \nThe term covered post-service position means a position of employment described in paragraph (2).", "id": "id4713e5d12bc84b399828281174084a3f", "header": "Definitions", "nested": [], "links": [ { "text": "22 U.S.C. 2651a(m)", "legal-doc": "usc", "parsable-cite": "usc/22/2651a" } ] } ], "links": [ { "text": "22 U.S.C. 2651a(m)", "legal-doc": "usc", "parsable-cite": "usc/22/2651a" } ] }, { "text": "583. Prohibition on requiring listing of gender or pronouns in official correspondence \nThe Department of Defense is prohibited from requiring members of the Armed Forces or civilian employees of the Department of Defense to list their gender or pronouns in official correspondence, whether such correspondence is written or electronic.", "id": "id8f55018cba02441999b224005c2ec277", "header": "Prohibition on requiring listing of gender or pronouns in official correspondence", "nested": [], "links": [] }, { "text": "591. Short title \nThis subtitle may be cited as the Military Service Promotion Act of 2023.", "id": "idaad0c3aa98c249c58de41733658b1086", "header": "Short title", "nested": [], "links": [] }, { "text": "592. Increased access to potential recruits at secondary schools \nSection 503(c) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) in clause (i), by striking ; and and inserting a semicolon; (ii) by redesignating clause (ii) as clause (iii); (iii) by inserting after clause (i) the following new clause: (ii) shall provide to military recruiters access to career fairs or similar events upon a request made by military recruiters for military recruiting purposes; and ; and (iv) in clause (iii), as redesignated by subparagraph (B), by inserting , not later than 60 days after receiving such request, after provide ; and (B) in subparagraph (B), by striking subparagraph (A)(ii) and inserting subparagraph (A)(iii) ; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following new paragraph: (6) The Secretary of Defense shall submit an annual report to Congress not later than February 1 each calendar year, detailing each notification of denial of recruiting access issued under paragraph (3)..", "id": "id190AD3EABA794FEF85A88B9E9F1BAAAF", "header": "Increased access to potential recruits at secondary schools", "nested": [], "links": [] }, { "text": "593. Increased access to potential recruits at institutions of higher education \nSection 983(b) of title 10, United States Code, is amended— (1) in paragraph (1), by striking ; or and inserting a semicolon; (2) in paragraph (2)— (A) by striking to the following information pertaining and inserting , with respect ; (B) by striking institution): and inserting institution)— ; (C) in subparagraph (A)— (i) by striking Names and inserting names ; and (ii) by striking telephone listings. and inserting telephone listings, which information shall be made available not later than the 60th day following the date of a request; and ; and (D) in subparagraph (B), by striking Date and inserting date.", "id": "id411b32cbe6a944dd9548af31b05268b5", "header": "Increased access to potential recruits at institutions of higher education", "nested": [], "links": [] }, { "text": "601. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation \n(a) In general \nChapter 3 of title 37, United States Code, is amended by inserting after section 206 the following new section: 206a. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation \nUnder regulations prescribed by the Secretary concerned, a member of the National Guard or a member of a reserve component of a uniformed service who is receiving aviation incentive pay under section 334(a) of this title and is entitled to compensation under section 206 of this title is entitled to such compensation for a number of periods of inactive-duty training each month sufficient for the member to obtain or maintain an aeronautical rating or designation.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 3 of such title is amended by inserting after the item relating to section 206 the following new item: 206a. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation..", "id": "id1a4e528b099246cebf7f6a5bdc091239", "header": "Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation", "nested": [ { "text": "(a) In general \nChapter 3 of title 37, United States Code, is amended by inserting after section 206 the following new section: 206a. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation \nUnder regulations prescribed by the Secretary concerned, a member of the National Guard or a member of a reserve component of a uniformed service who is receiving aviation incentive pay under section 334(a) of this title and is entitled to compensation under section 206 of this title is entitled to such compensation for a number of periods of inactive-duty training each month sufficient for the member to obtain or maintain an aeronautical rating or designation..", "id": "idb70f0595cc654e8d98000f8cb917e83f", "header": "In general", "nested": [], "links": [ { "text": "Chapter 3", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/37/3" }, { "text": "section 206", "legal-doc": "usc", "parsable-cite": "usc/37/206" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of chapter 3 of such title is amended by inserting after the item relating to section 206 the following new item: 206a. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation..", "id": "id2369b8f68ce14a419ed1dcecd057c090", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 3", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/37/3" }, { "text": "section 206", "legal-doc": "usc", "parsable-cite": "usc/37/206" } ] }, { "text": "206a. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation \nUnder regulations prescribed by the Secretary concerned, a member of the National Guard or a member of a reserve component of a uniformed service who is receiving aviation incentive pay under section 334(a) of this title and is entitled to compensation under section 206 of this title is entitled to such compensation for a number of periods of inactive-duty training each month sufficient for the member to obtain or maintain an aeronautical rating or designation.", "id": "idaf81f47dbf144282a612158d4e2c9480", "header": "Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation", "nested": [], "links": [] }, { "text": "602. Modification of calculation method for basic allowance for housing to more accurately assess housing costs of junior members of uniformed services \nSection 403(b)(5) of title 37, United States Code, is amended, in the second sentence, by striking and shall be based on the following: and all that follows through determined in subparagraph (A).", "id": "id7b531ab23d444192959b6b2b5ab0fc39", "header": "Modification of calculation method for basic allowance for housing to more accurately assess housing costs of junior members of uniformed services", "nested": [], "links": [] }, { "text": "603. Basic allowance for housing for members assigned to vessels undergoing maintenance \nSection 403(f)(2) of title 37, United States Code, is amended— (1) in subparagraph (A), by striking subparagraphs (B) and (C) and inserting subparagraphs (B), (C), and (D) ; and (2) by adding at the end the following new subparagraph: (D) (i) Under regulations prescribed by the Secretary concerned, the Secretary may authorize the payment of a basic allowance for housing to a member of a uniformed service without dependents who is serving in a pay grade below E–6 and has orders to a naval vessel during a shipyard availability or maintenance period. (ii) In prescribing regulations under clause (i), the Secretary concerned shall consider the availability of quarters for members serving in pay grades below E–6 before authorizing the payment of a basic allowance for housing for such members..", "id": "ide62a070572d0484691862646938b3af7", "header": "Basic allowance for housing for members assigned to vessels undergoing maintenance", "nested": [], "links": [] }, { "text": "604. Dual basic allowance for housing for training for certain members of reserve components \nSection 403(g)(3) of title 37, United States Code, is amended— (1) by striking Paragraphs and inserting (A) Except as provided by subparagraph (B), paragraphs ; and (2) by adding at the end the following new subparagraph: (B) Paragraphs (1) and (2) shall apply with respect to a member of a reserve component without dependents who is called or ordered to active duty to attend training for a period of 140 days or more but fewer than 365 days and for whom transportation of household goods is authorized under section 453(c) of this title as part of the call or order to active duty..", "id": "id44b2f0e420d64c02952e5b37c5b3a480", "header": "Dual basic allowance for housing for training for certain members of reserve components", "nested": [], "links": [] }, { "text": "605. Modification of calculation of gross household income for basic needs allowance to address areas of demonstrated need \n(a) In general \nSection 402b(k)(1)(B) of title 37, United States Code, is amended by inserting or that otherwise has a demonstrated need after high cost of living. (b) Implementation guidance \nThe Secretary of Defense shall revise the guidance issued with respect to implementation of the basic needs allowance under section 402b of title 37, United States Code, to reflect the amendment made by subsection (a).", "id": "id8c3a4f217e8b4cccac5f66a96816e9ef", "header": "Modification of calculation of gross household income for basic needs allowance to address areas of demonstrated need", "nested": [ { "text": "(a) In general \nSection 402b(k)(1)(B) of title 37, United States Code, is amended by inserting or that otherwise has a demonstrated need after high cost of living.", "id": "id889cdd8ecc89486db42344ff22c6adc2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Implementation guidance \nThe Secretary of Defense shall revise the guidance issued with respect to implementation of the basic needs allowance under section 402b of title 37, United States Code, to reflect the amendment made by subsection (a).", "id": "idd578010787174b91b5194ad778086865", "header": "Implementation guidance", "nested": [], "links": [] } ], "links": [] }, { "text": "606. Expansion of eligibility for reimbursement of qualified licensure, certification, and business relocation costs incurred by military spouses \nSection 453(g)(1) of title 37, United States Code, is amended— (1) in subparagraph (A)— (A) by striking member is reassigned and inserting the following: “member is— (i) reassigned ; (B) by striking ; and and inserting ; or ; and (C) by adding at the end the following new clause: (ii) transferred from a regular component of a uniformed service into the Selected Reserve of the Ready Reserve of a uniformed service, if the member is authorized a final move from the last duty station to the new jurisdiction or geographic area; and ; and (2) in subparagraph (B), by inserting or transfer after reassignment.", "id": "id7d8ce50bb8504025b38a97e93c10e939", "header": "Expansion of eligibility for reimbursement of qualified licensure, certification, and business relocation costs incurred by military spouses", "nested": [], "links": [] }, { "text": "607. Cost-of-living allowance in the continental United States: high cost areas \nSection 403b(c) of title 37, United States Code, is amended— (1) in the second sentence, by striking 8 percent and inserting 5 percent ; and (2) in the third sentence, by striking shall prescribe and inserting may prescribe.", "id": "id921e8be9aacd4cb3bf7d952154a7d53d", "header": "Cost-of-living allowance in the continental United States: high cost areas", "nested": [], "links": [] }, { "text": "608. OCONUS cost-of-living allowance: adjustments \nSection 617 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended— (1) in the section heading, by striking ; notice to certain congressional committees ; and (2) by striking subsections (a), (b), and (c) and inserting the following: (a) In general \nSubject to subsections (b) and (c), the Secretary of Defense may announce reductions in the cost-of-living allowance for a member of the uniformed services assigned to a duty station located outside the continental United States— (1) not more than two times per year; or (2) in connection with a permanent change of station for such member. (b) Limitation on size of reductions \nThe Secretary may not make a reduction under subsection (a) in the allowance described in that subsection by an amount that exceeds 10 percent of the amount of the allowance before the reduction. (c) Treatment of reductions relating to foreign currency exchange rates \nThe limitations under subsections (a) and (b) shall not apply to reductions in the allowance described in subsection (a) relating to changes in foreign currency exchange rates. (d) Implementation of reductions \nThe Secretary may phase in the reductions described in subsection (a). (e) Increases \nThe Secretary may increase the allowance described in subsection (a) for a member of the uniformed services at any time..", "id": "idbc13c7c211d84179a7ef957f474a3e0f", "header": "OCONUS cost-of-living allowance: adjustments", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "609. Extension of one-time uniform allowance for officers who transfer to the Space Force \nSection 606(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 37 U.S.C. 416 note) is amended by striking September 30, 2023 and inserting September 30, 2025.", "id": "id88a2160977584ea1b065cd4ffe48e83c", "header": "Extension of one-time uniform allowance for officers who transfer to the Space Force", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "37 U.S.C. 416", "legal-doc": "usc", "parsable-cite": "usc/37/416" } ] }, { "text": "610. Review of rates of military basic pay \n(a) In general \nThe Secretary of Defense shall conduct a review of the rates of monthly basic pay authorized for members of the uniformed services to determine if the current basic pay table adequately compensates junior enlisted personnel in pay grades E–1 through E–4. (b) Factors for review \nIn conducting the review required by subsection (a), the Secretary shall conduct the following: (1) An assessment of the adequacy of the rates of monthly basic pay for members of the uniformed services in light of current and predicted recruiting difficulties. (2) An analysis of how such basic pay, when combined with other elements of regular compensation for members of the uniformed services, compares with private sector wages for potential recruits to the uniformed services. (3) An assessment of how sustained periods of cost inflation affect pay for the uniformed services and comparable private sector wages. (4) An historical analysis of how percentage differences between junior enlisted basic pay, senior enlisted basic pay, junior officer basic pay, and senior officer basic pay, have changed since the rates of basic pay for members of the uniformed services were authorized by section 601 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 37 U.S.C. 1009 note). (c) Report and legislative proposal required \nNot later than March 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (1) a report on the results of the review required by subsection (a); and (2) a comprehensive legislative proposal for the rates of basic pay for members of the uniformed services.", "id": "IDc294dbdc532d4f57924f7cb213b77a10", "header": "Review of rates of military basic pay", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall conduct a review of the rates of monthly basic pay authorized for members of the uniformed services to determine if the current basic pay table adequately compensates junior enlisted personnel in pay grades E–1 through E–4.", "id": "id534781e9aa334487abd08fa85c539282", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Factors for review \nIn conducting the review required by subsection (a), the Secretary shall conduct the following: (1) An assessment of the adequacy of the rates of monthly basic pay for members of the uniformed services in light of current and predicted recruiting difficulties. (2) An analysis of how such basic pay, when combined with other elements of regular compensation for members of the uniformed services, compares with private sector wages for potential recruits to the uniformed services. (3) An assessment of how sustained periods of cost inflation affect pay for the uniformed services and comparable private sector wages. (4) An historical analysis of how percentage differences between junior enlisted basic pay, senior enlisted basic pay, junior officer basic pay, and senior officer basic pay, have changed since the rates of basic pay for members of the uniformed services were authorized by section 601 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 37 U.S.C. 1009 note).", "id": "id9cf108e091ed44909c667fbf5b00739a", "header": "Factors for review", "nested": [], "links": [ { "text": "Public Law 109–364", "legal-doc": "public-law", "parsable-cite": "pl/109/364" }, { "text": "37 U.S.C. 1009", "legal-doc": "usc", "parsable-cite": "usc/37/1009" } ] }, { "text": "(c) Report and legislative proposal required \nNot later than March 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (1) a report on the results of the review required by subsection (a); and (2) a comprehensive legislative proposal for the rates of basic pay for members of the uniformed services.", "id": "id08f092c7a51b40f2b2c333ee280b5941", "header": "Report and legislative proposal required", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 109–364", "legal-doc": "public-law", "parsable-cite": "pl/109/364" }, { "text": "37 U.S.C. 1009", "legal-doc": "usc", "parsable-cite": "usc/37/1009" } ] }, { "text": "611. Government Accountability Office study on process for determining cost-of-living allowances for members of the uniformed services assigned to the continental United States, Hawaii, Alaska, and overseas locations \n(a) In general \nThe Comptroller General of the United States shall conduct a study on the process for determining cost-of-living allowances for members of the uniformed services stationed in the continental United States, Hawaii, Alaska, and at overseas locations. (b) Elements \nIn conducting the study required by subsection (a), the Comptroller General shall assess— (1) the fairness and equity of the process for determining cost-of-living allowances described in subsection (a) and methods for improving that process; (2) the advantages and disadvantages of averaging the results of continental United States Living Pattern Surveys and Retail Price Schedules without regard to the geographic concentration of members of the uniformed services within the continental United States when determining the baseline cost of living for the continental United States; (3) if additional out-of-pocket expenses, including the costs for a member of the uniformed services to travel to and from the home of record of the member from the assigned duty station of the member, should be included in the calculations of the Department of Defense for determining overseas cost-of-living allowances to better equalize the true costs of living for members stationed outside the continental United States with such costs for members stationed inside the continental United States; and (4) the process by which the Department of Defense conducts Living Pattern Surveys and develops Retail Price Schedules. (c) Report required \nNot later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report— (1) setting forth the results of the study required by subsection (a); and (2) making any recommendations the Comptroller General considers appropriate based on those results, including any recommendations for changes to section 403b or 405 of title 37, United States Code.", "id": "id7da0110334a14e69bdaf9a9c9ebaa4ea", "header": "Government Accountability Office study on process for determining cost-of-living allowances for members of the uniformed services assigned to the continental United States, Hawaii, Alaska, and overseas locations", "nested": [ { "text": "(a) In general \nThe Comptroller General of the United States shall conduct a study on the process for determining cost-of-living allowances for members of the uniformed services stationed in the continental United States, Hawaii, Alaska, and at overseas locations.", "id": "ided779a805b3144288f415a12f3bd8044", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nIn conducting the study required by subsection (a), the Comptroller General shall assess— (1) the fairness and equity of the process for determining cost-of-living allowances described in subsection (a) and methods for improving that process; (2) the advantages and disadvantages of averaging the results of continental United States Living Pattern Surveys and Retail Price Schedules without regard to the geographic concentration of members of the uniformed services within the continental United States when determining the baseline cost of living for the continental United States; (3) if additional out-of-pocket expenses, including the costs for a member of the uniformed services to travel to and from the home of record of the member from the assigned duty station of the member, should be included in the calculations of the Department of Defense for determining overseas cost-of-living allowances to better equalize the true costs of living for members stationed outside the continental United States with such costs for members stationed inside the continental United States; and (4) the process by which the Department of Defense conducts Living Pattern Surveys and develops Retail Price Schedules.", "id": "id7d839c054edd49a88f10106cc6d95e00", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Report required \nNot later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report— (1) setting forth the results of the study required by subsection (a); and (2) making any recommendations the Comptroller General considers appropriate based on those results, including any recommendations for changes to section 403b or 405 of title 37, United States Code.", "id": "id2e630c77df1b4f869f2c98c1116500f3", "header": "Report required", "nested": [], "links": [] } ], "links": [] }, { "text": "621. Modification of special and incentive pay authorities for members of reserve components \n(a) In general \nSection 357 of title 37, United States Code, is amended— (1) by striking incentive pay and inserting special or incentive pay ; and (2) by striking the period at the end and inserting the following: “if the Secretary concerned is paying the member of the reserve component the special or incentive pay for the purpose of— (1) maintaining a skill certification or proficiency identical to a skill certification or proficiency required of the member in the regular component; or (2) compensating the member of the reserve component for exposure to hazards or risks identical to hazards or risks to which the member in the regular component was exposed.. (b) Conforming and clerical amendments \n(1) Conforming amendment \nThe section heading for section 357 of title 37, United States Code, is amended by striking Incentive and inserting Special and incentive. (2) Clerical amendment \nThe table of sections for chapter 5 of such title is amended by striking the item relating to section 357 and inserting the following new item: 357. Special and incentive pay authorities for members of the reserve components of the armed forces.. (c) Modification of implementation determination \nSection 602(d) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 37 U.S.C. 357 note) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, two ems to the right; (2) by striking The Secretary may and inserting the following: (1) In general \nThe Secretary shall ; (3) in subparagraph (A), as redesignated by paragraph (1), by striking subsection (b) and inserting subsection (c) ; and (4) by adding at the end the following new paragraph: (2) Evaluation of types of special and incentive pay \nIn making the determination and certification described in paragraph (1)(B), the Secretary shall evaluate each type or category of special and incentive pay separately and may make the determination and certification based on the effect on an Armed Force concerned of a particular type or category of special or incentive pay..", "id": "id32316d52ce7f42919c0328f822254fe5", "header": "Modification of special and incentive pay authorities for members of reserve components", "nested": [ { "text": "(a) In general \nSection 357 of title 37, United States Code, is amended— (1) by striking incentive pay and inserting special or incentive pay ; and (2) by striking the period at the end and inserting the following: “if the Secretary concerned is paying the member of the reserve component the special or incentive pay for the purpose of— (1) maintaining a skill certification or proficiency identical to a skill certification or proficiency required of the member in the regular component; or (2) compensating the member of the reserve component for exposure to hazards or risks identical to hazards or risks to which the member in the regular component was exposed..", "id": "idf485b2b5b3424f8ea11fd6d477f8c866", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Conforming and clerical amendments \n(1) Conforming amendment \nThe section heading for section 357 of title 37, United States Code, is amended by striking Incentive and inserting Special and incentive. (2) Clerical amendment \nThe table of sections for chapter 5 of such title is amended by striking the item relating to section 357 and inserting the following new item: 357. Special and incentive pay authorities for members of the reserve components of the armed forces..", "id": "id5bd60bebad5349f9bb7c98872ddecf10", "header": "Conforming and clerical amendments", "nested": [], "links": [] }, { "text": "(c) Modification of implementation determination \nSection 602(d) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 37 U.S.C. 357 note) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, two ems to the right; (2) by striking The Secretary may and inserting the following: (1) In general \nThe Secretary shall ; (3) in subparagraph (A), as redesignated by paragraph (1), by striking subsection (b) and inserting subsection (c) ; and (4) by adding at the end the following new paragraph: (2) Evaluation of types of special and incentive pay \nIn making the determination and certification described in paragraph (1)(B), the Secretary shall evaluate each type or category of special and incentive pay separately and may make the determination and certification based on the effect on an Armed Force concerned of a particular type or category of special or incentive pay..", "id": "id3c28f30d59f9493b93ce22d2fcee1d6f", "header": "Modification of implementation determination", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "37 U.S.C. 357", "legal-doc": "usc", "parsable-cite": "usc/37/357" } ] } ], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "37 U.S.C. 357", "legal-doc": "usc", "parsable-cite": "usc/37/357" } ] }, { "text": "622. Expansion of continuation pay eligibility \n(a) Continuation pay: full TSP members with 8 to 12 years of service \nSection 356 of title 37, United States Code, is amended— (1) in the section heading, by striking 8 and inserting 7 ; and (2) in subsections (a)(1) and (d), by striking 8 and inserting 7. (b) Clerical amendment \nThe table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 356 and inserting the following new item: 356. Continuation pay: full TSP members with 7 to 12 years of service..", "id": "id8c567ee5f62444b19107d569670b43b4", "header": "Expansion of continuation pay eligibility", "nested": [ { "text": "(a) Continuation pay: full TSP members with 8 to 12 years of service \nSection 356 of title 37, United States Code, is amended— (1) in the section heading, by striking 8 and inserting 7 ; and (2) in subsections (a)(1) and (d), by striking 8 and inserting 7.", "id": "ida4483238c2b042c58f6b3020e7951112", "header": "Continuation pay: full TSP members with 8 to 12 years of service", "nested": [], "links": [] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 356 and inserting the following new item: 356. Continuation pay: full TSP members with 7 to 12 years of service..", "id": "id1b518ce0b1ad4bb6ac7871a5bdbe75cd", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "623. One-year extension of certain expiring bonus and special pay authorities \n(a) Authorities relating to reserve forces \nSection 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking December 31, 2023 and inserting December 31, 2024. (b) Title 10 authorities relating to health care professionals \nThe following sections of title 10, United States Code, are amended by striking December 31, 2023 and inserting December 31, 2024 : (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) Authorities relating to nuclear officers \nSection 333(i) of title 37, United States Code, is amended by striking December 31, 2023 and inserting December 31, 2024. (d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities \nThe following sections of title 37, United States Code, are amended by striking December 31, 2023 and inserting December 31, 2024 : (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions. (5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (e) Authorities to provide temporary increase in rates of basic allowance for housing \nSection 403(b) of title 37, United States Code, is amended— (1) in paragraph (7)(E), relating to temporary increases in rates of basic allowance for areas covered by a major disaster declaration or containing an installation experiencing a sudden influx of military personnel, by striking December 31, 2023 and inserting December 31, 2024 ; and (2) in paragraph (8)(C), relating to temporary adjustments in rates of basic allowance for housing for localities where actual housing costs differ from current rates of basic allowance for housing by more than 20 percent, by striking September 30, 2023 and inserting December 31, 2024.", "id": "id426d00aa36744a7c9c841a012e386ce7", "header": "One-year extension of certain expiring bonus and special pay authorities", "nested": [ { "text": "(a) Authorities relating to reserve forces \nSection 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking December 31, 2023 and inserting December 31, 2024.", "id": "id4cf104a025084fc2b7c5ef4335462eaf", "header": "Authorities relating to reserve forces", "nested": [], "links": [] }, { "text": "(b) Title 10 authorities relating to health care professionals \nThe following sections of title 10, United States Code, are amended by striking December 31, 2023 and inserting December 31, 2024 : (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.", "id": "idac33e343cbd54d76a3b7e2435c9d3b80", "header": "Title 10 authorities relating to health care professionals", "nested": [], "links": [] }, { "text": "(c) Authorities relating to nuclear officers \nSection 333(i) of title 37, United States Code, is amended by striking December 31, 2023 and inserting December 31, 2024.", "id": "id6db3ffdf76cf4556b5485c2dae0e6c5c", "header": "Authorities relating to nuclear officers", "nested": [], "links": [] }, { "text": "(d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities \nThe following sections of title 37, United States Code, are amended by striking December 31, 2023 and inserting December 31, 2024 : (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions. (5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.", "id": "id0bfdf14f6f47473da7aa7f293d840b6f", "header": "Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities", "nested": [], "links": [] }, { "text": "(e) Authorities to provide temporary increase in rates of basic allowance for housing \nSection 403(b) of title 37, United States Code, is amended— (1) in paragraph (7)(E), relating to temporary increases in rates of basic allowance for areas covered by a major disaster declaration or containing an installation experiencing a sudden influx of military personnel, by striking December 31, 2023 and inserting December 31, 2024 ; and (2) in paragraph (8)(C), relating to temporary adjustments in rates of basic allowance for housing for localities where actual housing costs differ from current rates of basic allowance for housing by more than 20 percent, by striking September 30, 2023 and inserting December 31, 2024.", "id": "id0f6745cddd6c4348a95a33497a6875df", "header": "Authorities to provide temporary increase in rates of basic allowance for housing", "nested": [], "links": [] } ], "links": [] }, { "text": "624. Requirement to establish remote and austere condition assignment incentive pay program for Air Force \nThe Secretary of the Air Force shall— (1) evaluate the Remote and Austere Condition Assignment Incentive Pay program of the Army; and (2) not later than October 1, 2025, establish a similar program for the Air Force, unless the Secretary can certify to Congress that there are no critically manned units at any Air Force installation in Alaska.", "id": "id1b746b3b3bb54a0a9e0add3aee60c8af", "header": "Requirement to establish remote and austere condition assignment incentive pay program for Air Force", "nested": [], "links": [] }, { "text": "625. Extension of travel allowance for members of the Armed Forces assigned to Alaska \nSection 603(b)(5)(B) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2621) is amended by striking December 31, 2023 and inserting June 30, 2024.", "id": "id33ff0c3461654bd886e75a2f1093a1b6", "header": "Extension of travel allowance for members of the Armed Forces assigned to Alaska", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "631. Modification of requirements for approval of foreign employment by retired and reserve members of uniformed services \nSection 908 of title 37, United States Code, is amended— (1) in subsection (b)— (A) by striking A person and inserting (1) A person ; (B) by inserting after determining that such approval is not contrary to the national interests of the United States after approve the employment ; and (C) by adding at the end the following new paragraph: (2) The Secretary of a military department may delegate the determination of the Secretary required by paragraph (1) only to an official of the military department at or above the level of an Assistant Secretary or, in the event of a vacancy in the position of such an official, a civilian official performing the duties of that position. ; and (2) in subsection (d)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking an officer and inserting a person ; and (ii) by striking subparagraphs (B) and (C) and inserting the following new subparagraphs: (B) A description of the duties, if any, the person is to perform and the compensation the person is to receive for such duties, as reflected in the person’s application for approval of the employment or compensation or payment or award. (C) The position the person held or holds in the armed forces, including the rank of the person and the armed force in which the person served. (D) Any other information the Secretaries of the military departments consider relevant, except that such information may not include the person’s date of birth, Social Security number, home address, phone number, or any other personal identifier other than the name and rank of the person and the armed force in which the person served. ; and (B) by adding at the end the following new paragraph: (3) Not later than 60 days after the date on which a report required by paragraph (1) is submitted, the Secretaries of the military departments shall make the report, and all contents of the report, available on a publicly accessible internet website..", "id": "id02837d06c6b04f52b3bccef744888821", "header": "Modification of requirements for approval of foreign employment by retired and reserve members of uniformed services", "nested": [], "links": [] }, { "text": "632. Restrictions on retired and reserve members of the Armed Forces receiving employment and compensation indirectly from foreign governments through private entities \nSection 908(a) of title 37, United States Code, is amended— (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; (2) by striking Subject to and inserting the following: (1) In general \nSubject to ; (3) in subparagraph (C), as redesignated, by striking Commissioned Reserve Corps and inserting Ready Reserve Corps ; and (4) by adding at the end the following new paragraph: (2) Application to private entities \n(A) In general \nThe acceptance by a person described in subparagraph (B) of employment (and compensation related to that employment) or payments or awards for work performed for a foreign government through a private entity shall be subject to the provisions of this section to the same extent and in the same manner as such provisions apply to employment (and compensation related to that employment) and payments and awards described in paragraph (1). (B) Persons described \nA person described in this subparagraph is— (i) a retired member of the Army, Navy, Air Force, Marine Corps, or Space Force; or (ii) a member of a reserve component of an armed force specified in clause (i), except a member serving on active duty under a call or order to active duty for a period in excess of 30 days..", "id": "id8e1e9c8158da43ea89de5ef54b699872", "header": "Restrictions on retired and reserve members of the Armed Forces receiving employment and compensation indirectly from foreign governments through private entities", "nested": [], "links": [] }, { "text": "701. Extension of period of eligibility for health benefits under TRICARE Reserve Select for survivors of a member of the Selected Reserve \n(a) In general \nSection 1076d(c) of title 10, United States Code, is amended by striking six months and inserting three years. (b) Effective date \nThe amendment made by subsection (a) shall take effect on October 1, 2025.", "id": "H32D60F7555D546A0A2D3B4C09FB772F3", "header": "Extension of period of eligibility for health benefits under TRICARE Reserve Select for survivors of a member of the Selected Reserve", "nested": [ { "text": "(a) In general \nSection 1076d(c) of title 10, United States Code, is amended by striking six months and inserting three years.", "id": "idd8e5bd8ac6304b99b7beeb5c50ab752f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall take effect on October 1, 2025.", "id": "ida15271c96013430b912bdcdf2eccc1f1", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "702. Authority to provide dental care for dependents located at certain remote or isolated locations \nSection 1077(c) of title 10, United States Code, is amended— (1) in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3) ; and (2) by adding at the end the following new paragraph: (3) (A) Dependents who reside within a specified geographic area and are covered by a dental plan established under section 1076a may receive dental care in a dental treatment facility of the uniformed services on a space available basis if the Secretary of Defense determines that— (i) civilian dental care within the specified geographic area is inadequate or is not sufficiently available; and (ii) adequate resources exist to provide space available dental care to the dependents at the facility. (B) Care under subparagraph (A) shall be provided on a reimbursable basis..", "id": "idf5b7d9fea63b429d9693e4e4dac07721", "header": "Authority to provide dental care for dependents located at certain remote or isolated locations", "nested": [], "links": [] }, { "text": "703. Inclusion of assisted reproductive technology and artificial insemination as required primary and preventive health care services for members of the uniformed services and dependents \n(a) Members of the uniformed services \nSection 1074d of title 10, United States Code, is amended— (1) in subsection (a)(2)— (A) by striking entitled to preventive and inserting “entitled to— (A) preventive ; (B) in subparagraph (A), as designated by subparagraph (A) of this paragraph, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (B) for male members of the uniformed services (excluding former members of the uniformed services), services relating to infertility described in subsection (b)(4). ; and (2) by adding at the end the following new subsection: (c) Infertility services included for members of the uniformed services \nServices relating to infertility required to be provided under subsections (a)(2)(B) and (b)(4) for members of the uniformed services (excluding former members of the uniformed services) shall include the following: (1) Treatments or procedures using assisted reproductive technology (as defined in section 8 of the Fertility Clinic Success Rate and Certification Act of 1992 ( 42 U.S.C. 263a–7(1) ), excluding in vitro fertilization). (2) The provision of artificial insemination, including intrauterine insemination, without regard to coital conception.. (b) Dependents \nSection 1077(a) of such title is amended by adding at the end the following new paragraph: (19) Services relating to infertility, including the services specified in section 1074d(c) of this title, except that the services specified in such section may be provided only to a dependent of a member of the uniformed services (excluding any dependent of a former member of the uniformed services).. (c) Exclusion from contracts for former members and their dependents \nSection 1086 of such title is amended— (1) in subsection (c), in the matter preceding paragraph (1), by striking subsection (d) and inserting subsections (d) and (j) ; and (2) by adding at the end the following new subsection: (j) A plan contracted for under subsection (a) may not include coverage for services under section 1077(a)(19) of this title for former members of the uniformed services or dependents of former members of the uniformed services.. (d) Application \nThe amendments made by this section shall apply to services provided on or after January 1, 2025. (e) Rule of construction \nNothing in this section or the amendments made by this section shall be construed provide new benefits to or alter existing benefits for former members of the uniformed services or the dependents of former members of the uniformed services.", "id": "id17fcba9054664a3fad6cc0f347016b12", "header": "Inclusion of assisted reproductive technology and artificial insemination as required primary and preventive health care services for members of the uniformed services and dependents", "nested": [ { "text": "(a) Members of the uniformed services \nSection 1074d of title 10, United States Code, is amended— (1) in subsection (a)(2)— (A) by striking entitled to preventive and inserting “entitled to— (A) preventive ; (B) in subparagraph (A), as designated by subparagraph (A) of this paragraph, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (B) for male members of the uniformed services (excluding former members of the uniformed services), services relating to infertility described in subsection (b)(4). ; and (2) by adding at the end the following new subsection: (c) Infertility services included for members of the uniformed services \nServices relating to infertility required to be provided under subsections (a)(2)(B) and (b)(4) for members of the uniformed services (excluding former members of the uniformed services) shall include the following: (1) Treatments or procedures using assisted reproductive technology (as defined in section 8 of the Fertility Clinic Success Rate and Certification Act of 1992 ( 42 U.S.C. 263a–7(1) ), excluding in vitro fertilization). (2) The provision of artificial insemination, including intrauterine insemination, without regard to coital conception..", "id": "idd669f7a4b9984d0184c654890666fa9c", "header": "Members of the uniformed services", "nested": [], "links": [ { "text": "42 U.S.C. 263a–7(1)", "legal-doc": "usc", "parsable-cite": "usc/42/263a-7" } ] }, { "text": "(b) Dependents \nSection 1077(a) of such title is amended by adding at the end the following new paragraph: (19) Services relating to infertility, including the services specified in section 1074d(c) of this title, except that the services specified in such section may be provided only to a dependent of a member of the uniformed services (excluding any dependent of a former member of the uniformed services)..", "id": "idf3e839d874aa4070a636fa0372cf1ecd", "header": "Dependents", "nested": [], "links": [ { "text": "Section 1077(a)", "legal-doc": "usc", "parsable-cite": "usc/26/1077" }, { "text": "section 1074d(c)", "legal-doc": "usc", "parsable-cite": "usc/26/1074d" } ] }, { "text": "(c) Exclusion from contracts for former members and their dependents \nSection 1086 of such title is amended— (1) in subsection (c), in the matter preceding paragraph (1), by striking subsection (d) and inserting subsections (d) and (j) ; and (2) by adding at the end the following new subsection: (j) A plan contracted for under subsection (a) may not include coverage for services under section 1077(a)(19) of this title for former members of the uniformed services or dependents of former members of the uniformed services..", "id": "idd54f554fc513491d9b545ea1402d3292", "header": "Exclusion from contracts for former members and their dependents", "nested": [], "links": [ { "text": "Section 1086", "legal-doc": "usc", "parsable-cite": "usc/26/1086" }, { "text": "section 1077(a)(19)", "legal-doc": "usc", "parsable-cite": "usc/26/1077" } ] }, { "text": "(d) Application \nThe amendments made by this section shall apply to services provided on or after January 1, 2025.", "id": "id06b6c7b92a184d09a0365988a8c4f20c", "header": "Application", "nested": [], "links": [] }, { "text": "(e) Rule of construction \nNothing in this section or the amendments made by this section shall be construed provide new benefits to or alter existing benefits for former members of the uniformed services or the dependents of former members of the uniformed services.", "id": "idcea6b56e6d2d43309e13b6251c29c25c", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 263a–7(1)", "legal-doc": "usc", "parsable-cite": "usc/42/263a-7" }, { "text": "Section 1077(a)", "legal-doc": "usc", "parsable-cite": "usc/26/1077" }, { "text": "section 1074d(c)", "legal-doc": "usc", "parsable-cite": "usc/26/1074d" }, { "text": "Section 1086", "legal-doc": "usc", "parsable-cite": "usc/26/1086" }, { "text": "section 1077(a)(19)", "legal-doc": "usc", "parsable-cite": "usc/26/1077" } ] }, { "text": "704. Program on treatment of members of the Armed Forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma \n(a) Establishment of program \n(1) In general \nChapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section: 1074p. Program on treatment of members of the armed forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma \n(a) In general \nThe Secretary of Defense shall carry out a program to provide intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions. (b) Discharge through partnerships \nThe Secretary shall carry out the program under subsection (a) through partnerships with public, private, and non-profit health care organizations, universities, and institutions that— (1) provide health care to members of the armed forces; (2) provide evidence-based treatment for psychological and neurological conditions that are common among members of the armed forces, including post-traumatic stress disorder, traumatic brain injury, substance abuse, and depression; (3) provide health care, support, and other benefits to family members of members of the armed forces; and (4) provide health care under the TRICARE program. (c) Program activities \nEach organization, university, or institution that participates in a partnership under the program under subsection (a) shall— (1) carry out intensive outpatient programs of short duration to treat members of the armed forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions; (2) use evidence-based and evidence-informed treatment strategies in carrying out such programs; (3) share clinical and outreach best practices with other organizations, universities, and institutions participating in the program under subsection (a); and (4) annually assess outcomes for members of the armed forces individually and among the organizations, universities, and institutions participating in the program under subsection (a) with respect to the treatment of conditions described in paragraph (1).. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074o the following new item: 1074p. Program on treatment of members of the armed forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma.. (b) Reports \n(1) Initial report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the program under section 1074p of title 10, United States Code, as added by subsection (a), which shall include a description of the program and such other matters on the program as the Secretary considers appropriate. (2) Additional report \nNot later than two years after commencement of implementation of the program under section 1074p of title 10, United States Code, as added by subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the program, which shall include the following: (A) A description of the program, including the partnerships under the program as described in subsection (b) of such section, as so added. (B) An assessment of the effectiveness of the program and the activities under the program. (C) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the program. (c) Conforming repeal \n(1) In general \nSection 702 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 1092 note) is repealed. (2) Clerical amendment \nThe table of contents at the beginning of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ) is amended by striking the item relating to section 702.", "id": "id3e0bfebc8f2b4ccf95ece174cb2b7a6a", "header": "Program on treatment of members of the Armed Forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma", "nested": [ { "text": "(a) Establishment of program \n(1) In general \nChapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section: 1074p. Program on treatment of members of the armed forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma \n(a) In general \nThe Secretary of Defense shall carry out a program to provide intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions. (b) Discharge through partnerships \nThe Secretary shall carry out the program under subsection (a) through partnerships with public, private, and non-profit health care organizations, universities, and institutions that— (1) provide health care to members of the armed forces; (2) provide evidence-based treatment for psychological and neurological conditions that are common among members of the armed forces, including post-traumatic stress disorder, traumatic brain injury, substance abuse, and depression; (3) provide health care, support, and other benefits to family members of members of the armed forces; and (4) provide health care under the TRICARE program. (c) Program activities \nEach organization, university, or institution that participates in a partnership under the program under subsection (a) shall— (1) carry out intensive outpatient programs of short duration to treat members of the armed forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions; (2) use evidence-based and evidence-informed treatment strategies in carrying out such programs; (3) share clinical and outreach best practices with other organizations, universities, and institutions participating in the program under subsection (a); and (4) annually assess outcomes for members of the armed forces individually and among the organizations, universities, and institutions participating in the program under subsection (a) with respect to the treatment of conditions described in paragraph (1).. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074o the following new item: 1074p. Program on treatment of members of the armed forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma..", "id": "id70c046987c2b4afb87245dea38daa757", "header": "Establishment of program", "nested": [], "links": [ { "text": "Chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/55" }, { "text": "section 1074o", "legal-doc": "usc", "parsable-cite": "usc/10/1074o" } ] }, { "text": "(b) Reports \n(1) Initial report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the program under section 1074p of title 10, United States Code, as added by subsection (a), which shall include a description of the program and such other matters on the program as the Secretary considers appropriate. (2) Additional report \nNot later than two years after commencement of implementation of the program under section 1074p of title 10, United States Code, as added by subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the program, which shall include the following: (A) A description of the program, including the partnerships under the program as described in subsection (b) of such section, as so added. (B) An assessment of the effectiveness of the program and the activities under the program. (C) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the program.", "id": "id4c496aaca0bc4587ab25e8f4ced1657a", "header": "Reports", "nested": [], "links": [] }, { "text": "(c) Conforming repeal \n(1) In general \nSection 702 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 1092 note) is repealed. (2) Clerical amendment \nThe table of contents at the beginning of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ) is amended by striking the item relating to section 702.", "id": "id89ca1fa0bd234c9b83cce4b0bb89ebec", "header": "Conforming repeal", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "10 U.S.C. 1092", "legal-doc": "usc", "parsable-cite": "usc/10/1092" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] } ], "links": [ { "text": "Chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/55" }, { "text": "section 1074o", "legal-doc": "usc", "parsable-cite": "usc/10/1074o" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "10 U.S.C. 1092", "legal-doc": "usc", "parsable-cite": "usc/10/1092" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "1074p. Program on treatment of members of the armed forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma \n(a) In general \nThe Secretary of Defense shall carry out a program to provide intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions. (b) Discharge through partnerships \nThe Secretary shall carry out the program under subsection (a) through partnerships with public, private, and non-profit health care organizations, universities, and institutions that— (1) provide health care to members of the armed forces; (2) provide evidence-based treatment for psychological and neurological conditions that are common among members of the armed forces, including post-traumatic stress disorder, traumatic brain injury, substance abuse, and depression; (3) provide health care, support, and other benefits to family members of members of the armed forces; and (4) provide health care under the TRICARE program. (c) Program activities \nEach organization, university, or institution that participates in a partnership under the program under subsection (a) shall— (1) carry out intensive outpatient programs of short duration to treat members of the armed forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions; (2) use evidence-based and evidence-informed treatment strategies in carrying out such programs; (3) share clinical and outreach best practices with other organizations, universities, and institutions participating in the program under subsection (a); and (4) annually assess outcomes for members of the armed forces individually and among the organizations, universities, and institutions participating in the program under subsection (a) with respect to the treatment of conditions described in paragraph (1).", "id": "id3f3c9110eb984093ad8b27af4b96980d", "header": "Program on treatment of members of the armed forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall carry out a program to provide intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions.", "id": "id175d30233e3e44e885d252f9b5636b84", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Discharge through partnerships \nThe Secretary shall carry out the program under subsection (a) through partnerships with public, private, and non-profit health care organizations, universities, and institutions that— (1) provide health care to members of the armed forces; (2) provide evidence-based treatment for psychological and neurological conditions that are common among members of the armed forces, including post-traumatic stress disorder, traumatic brain injury, substance abuse, and depression; (3) provide health care, support, and other benefits to family members of members of the armed forces; and (4) provide health care under the TRICARE program.", "id": "id460a238a569b41279576ac0edb71475b", "header": "Discharge through partnerships", "nested": [], "links": [] }, { "text": "(c) Program activities \nEach organization, university, or institution that participates in a partnership under the program under subsection (a) shall— (1) carry out intensive outpatient programs of short duration to treat members of the armed forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions; (2) use evidence-based and evidence-informed treatment strategies in carrying out such programs; (3) share clinical and outreach best practices with other organizations, universities, and institutions participating in the program under subsection (a); and (4) annually assess outcomes for members of the armed forces individually and among the organizations, universities, and institutions participating in the program under subsection (a) with respect to the treatment of conditions described in paragraph (1).", "id": "id9b933febeaee484f8505c02db219de7b", "header": "Program activities", "nested": [], "links": [] } ], "links": [] }, { "text": "705. Waiver of cost-sharing for three mental health outpatient visits for certain beneficiaries under the TRICARE program \n(a) TRICARE Select \nSection 1075(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: (4) (A) Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of any of the following beneficiaries: (i) Beneficiaries in the active-duty family member category. (ii) Beneficiaries covered by section 1110b of this title. (B) This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024.. (b) TRICARE Prime \nSection 1075a(a) of such title is amended by adding at the end the following new paragraph: (4) (A) Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of a beneficiary in the active-duty family member category (as described in section 1075(b)(1)(A) of this title). (B) This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024..", "id": "ide94843f838c247fdba20bb5291d61692", "header": "Waiver of cost-sharing for three mental health outpatient visits for certain beneficiaries under the TRICARE program", "nested": [ { "text": "(a) TRICARE Select \nSection 1075(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: (4) (A) Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of any of the following beneficiaries: (i) Beneficiaries in the active-duty family member category. (ii) Beneficiaries covered by section 1110b of this title. (B) This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024..", "id": "idcd6748d602a54984a6e44c02b68d2658", "header": "TRICARE Select", "nested": [], "links": [ { "text": "section 1110b", "legal-doc": "usc", "parsable-cite": "usc/26/1110b" } ] }, { "text": "(b) TRICARE Prime \nSection 1075a(a) of such title is amended by adding at the end the following new paragraph: (4) (A) Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of a beneficiary in the active-duty family member category (as described in section 1075(b)(1)(A) of this title). (B) This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024..", "id": "id283be8ff2a254068b2f1935d01819337", "header": "TRICARE Prime", "nested": [], "links": [ { "text": "Section 1075a(a)", "legal-doc": "usc", "parsable-cite": "usc/26/1075a" }, { "text": "section 1075(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/1075" } ] } ], "links": [ { "text": "section 1110b", "legal-doc": "usc", "parsable-cite": "usc/26/1110b" }, { "text": "Section 1075a(a)", "legal-doc": "usc", "parsable-cite": "usc/26/1075a" }, { "text": "section 1075(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/1075" } ] }, { "text": "706. Expansion of doula care furnished by Department of Defense \n(a) Expansion of extramedical maternal health providers demonstration project \nSection 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 1073 note) is amended— (1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Coverage of doula care \nNot later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 , the Secretary shall ensure that the demonstration project includes coverage of labor doula care, or reimbursement for such care, for all beneficiaries under the TRICARE program, including access— (1) by members of the Armed Forces on active duty; (2) by beneficiaries outside the continental United States; and (3) at military medical treatment facilities.. (b) Hiring of doulas \nThe hiring authority for each military medical treatment facility may hire a team of doulas to work in coordination with lactation support personnel or labor and delivery units at such facility.", "id": "id1b659e7f94c54c59a28153488ca78963", "header": "Expansion of doula care furnished by Department of Defense", "nested": [ { "text": "(a) Expansion of extramedical maternal health providers demonstration project \nSection 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 1073 note) is amended— (1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Coverage of doula care \nNot later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 , the Secretary shall ensure that the demonstration project includes coverage of labor doula care, or reimbursement for such care, for all beneficiaries under the TRICARE program, including access— (1) by members of the Armed Forces on active duty; (2) by beneficiaries outside the continental United States; and (3) at military medical treatment facilities..", "id": "idb0fd7a7750694b88acb16750ad1fef18", "header": "Expansion of extramedical maternal health providers demonstration project", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 1073", "legal-doc": "usc", "parsable-cite": "usc/10/1073" } ] }, { "text": "(b) Hiring of doulas \nThe hiring authority for each military medical treatment facility may hire a team of doulas to work in coordination with lactation support personnel or labor and delivery units at such facility.", "id": "id8ed6e7a21e324baa976bfc2882d991c6", "header": "Hiring of doulas", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 1073", "legal-doc": "usc", "parsable-cite": "usc/10/1073" } ] }, { "text": "707. Sense of Congress on access to mental health services through TRICARE \nIt is the sense of Congress that the Secretary of Defense should take all necessary steps to ensure members of the National Guard and the members of their families who are enrolled in TRICARE have timely access to mental and behavioral health care services through the TRICARE program.", "id": "id3F62A955F3ED4D1383D0AA5D6AFCCAC9", "header": "Sense of Congress on access to mental health services through TRICARE", "nested": [], "links": [] }, { "text": "711. Increase in stipend for participants in health professions scholarship and financial assistance programs \nSection 2121(d) of title 10, United States Code, is amended, in the matter preceding paragraph (1), by striking $30,000 and inserting $50,000.", "id": "ida3629c07871a4e099ad0f94ea5bad359", "header": "Increase in stipend for participants in health professions scholarship and financial assistance programs", "nested": [], "links": [] }, { "text": "712. Financial relief for civilians treated in military medical treatment facilities \n(a) Interim final rule required \nThe Secretary of Defense shall issue an interim final rule to implement as soon as possible after the date of the enactment of this Act section 1079b of title 10, United States Code. (b) Treatment of claims \n(1) In general \nExcept as provided in paragraph (2), the Secretary shall hold in abeyance any claims under section 1079b of title 10, United States Code, until the interim final rule required under subsection (a) is in effect. (2) Exception \nParagraph (1) does not apply to— (A) claims to third-party payers; or (B) administrative support provided to the Secretary by another Federal agency to assist the Secretary in the administration of section 1079b of title 10, United States Code.", "id": "ida6976e7c776c4def87c563e9d256b5ec", "header": "Financial relief for civilians treated in military medical treatment facilities", "nested": [ { "text": "(a) Interim final rule required \nThe Secretary of Defense shall issue an interim final rule to implement as soon as possible after the date of the enactment of this Act section 1079b of title 10, United States Code.", "id": "id438f58a3ebe64c809ea14d50b1c3d702", "header": "Interim final rule required", "nested": [], "links": [] }, { "text": "(b) Treatment of claims \n(1) In general \nExcept as provided in paragraph (2), the Secretary shall hold in abeyance any claims under section 1079b of title 10, United States Code, until the interim final rule required under subsection (a) is in effect. (2) Exception \nParagraph (1) does not apply to— (A) claims to third-party payers; or (B) administrative support provided to the Secretary by another Federal agency to assist the Secretary in the administration of section 1079b of title 10, United States Code.", "id": "id783437704ed243d7a76f31172ded1d38", "header": "Treatment of claims", "nested": [], "links": [] } ], "links": [] }, { "text": "713. Department of Defense Overdose Data Act of 2023 \n(a) Short title \nThis section may be cited as the Department of Defense Overdose Data Act of 2023. (b) Annual report on military overdoses \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report on the number of annual overdoses among servicemembers. (2) Contents \nThe report required by paragraph (1) shall include the following: (A) The total number of servicemembers who suffered a fatal or nonfatal overdose during the previous calendar year, including— (i) demographic information, including gender, race, age, military department, military rank, pay grade, and station; (ii) the location of the fatal overdose, including whether the overdose was on a military base; and (iii) a list of the substances involved in the fatal overdose. (B) Of the servicemembers identified in subparagraph (A)— (i) the number of servicemembers who received mental health or substance use disorder services prior to a fatal or nonfatal overdose, including a description of whether such services were received from a private sector provider; (ii) the number of servicemembers with comorbid mental health diagnoses; (iii) the number of servicemembers who had been prescribed opioids, benzodiazepines, or stimulants; (iv) the number of servicemembers who had been categorized as high-risk and prescribed or provided naloxone prior to a fatal or nonfatal overdose; (v) the number of servicemembers who had a positive drug test prior to the fatal overdose, including any substance identified in such test; (vi) the number of servicemembers referred to, including by self-referral, or engaged in medical treatment, including medication treatment for opioid use disorder; (vii) with respect to each servicemember identified in clause (vi), whether the servicemember was referred after a positive drug test and the source of such referral; and (viii) the number of fatal overdoses and intentional overdoses. (C) An analysis of discernable patterns in fatal and nonfatal overdoses of servicemembers. (D) A description of existing or anticipated response efforts to fatal and nonfatal overdoses at military bases that have rates of fatal overdoses that exceed the average rate of fatal overdoses in the United States. (E) An assessment of the availability of substance use disorder treatment for servicemembers. (F) The number of medical facilities of, or affiliated with, the Department of Defense that have opioid treatment programs. (G) A description of punitive measures taken by the Secretary of Defense in response to substance misuse, substance use disorder, or overdose by servicemembers. (3) Privacy \n(A) In general \nNothing in this subsection shall be construed to authorize the disclosure by the Secretary of Defense of personally identifiable information of servicemembers or military family members, including anonymized personal information that could be used to re-identify servicemembers or military family members. (B) Application of HIPAA \nIn carrying out this subsection, the Secretary of Defense shall take steps to protect the privacy of servicemembers and military family members pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note; Public Law 104–191 ). (c) Standards for the use of materials to prevent overdose and substance use disorder \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall establish standards for the distribution of, and training for the use of, naloxone or other medication for overdose reversal, opioid disposal materials, fentanyl test strips, and other materials to prevent or reverse overdoses, substance use disorder, or impacts related to substance misuse. (d) Sunset \nThis section shall terminate on the date that is 5 years after the date of the enactment of this Act. (e) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (2) Military family member \nThe term military family member means a family member of a servicemember, including the spouse, parent, dependent, or child of a servicemember, or anyone who has legal responsibility for the child of a servicemember. (3) Servicemember \nThe term servicemember means— (A) a member of the Armed Forces; or (B) a member of the National Guard.", "id": "IDc0b31e8465b9495498e382b2c9babacb", "header": "Department of Defense Overdose Data Act of 2023", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Department of Defense Overdose Data Act of 2023.", "id": "id90509b7bcd6542a1b4530d02c2ab2b0f", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Annual report on military overdoses \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report on the number of annual overdoses among servicemembers. (2) Contents \nThe report required by paragraph (1) shall include the following: (A) The total number of servicemembers who suffered a fatal or nonfatal overdose during the previous calendar year, including— (i) demographic information, including gender, race, age, military department, military rank, pay grade, and station; (ii) the location of the fatal overdose, including whether the overdose was on a military base; and (iii) a list of the substances involved in the fatal overdose. (B) Of the servicemembers identified in subparagraph (A)— (i) the number of servicemembers who received mental health or substance use disorder services prior to a fatal or nonfatal overdose, including a description of whether such services were received from a private sector provider; (ii) the number of servicemembers with comorbid mental health diagnoses; (iii) the number of servicemembers who had been prescribed opioids, benzodiazepines, or stimulants; (iv) the number of servicemembers who had been categorized as high-risk and prescribed or provided naloxone prior to a fatal or nonfatal overdose; (v) the number of servicemembers who had a positive drug test prior to the fatal overdose, including any substance identified in such test; (vi) the number of servicemembers referred to, including by self-referral, or engaged in medical treatment, including medication treatment for opioid use disorder; (vii) with respect to each servicemember identified in clause (vi), whether the servicemember was referred after a positive drug test and the source of such referral; and (viii) the number of fatal overdoses and intentional overdoses. (C) An analysis of discernable patterns in fatal and nonfatal overdoses of servicemembers. (D) A description of existing or anticipated response efforts to fatal and nonfatal overdoses at military bases that have rates of fatal overdoses that exceed the average rate of fatal overdoses in the United States. (E) An assessment of the availability of substance use disorder treatment for servicemembers. (F) The number of medical facilities of, or affiliated with, the Department of Defense that have opioid treatment programs. (G) A description of punitive measures taken by the Secretary of Defense in response to substance misuse, substance use disorder, or overdose by servicemembers. (3) Privacy \n(A) In general \nNothing in this subsection shall be construed to authorize the disclosure by the Secretary of Defense of personally identifiable information of servicemembers or military family members, including anonymized personal information that could be used to re-identify servicemembers or military family members. (B) Application of HIPAA \nIn carrying out this subsection, the Secretary of Defense shall take steps to protect the privacy of servicemembers and military family members pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note; Public Law 104–191 ).", "id": "id1064d082414044b1a0fcc3074824c0ab", "header": "Annual report on military overdoses", "nested": [], "links": [ { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "Public Law 104–191", "legal-doc": "public-law", "parsable-cite": "pl/104/191" } ] }, { "text": "(c) Standards for the use of materials to prevent overdose and substance use disorder \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall establish standards for the distribution of, and training for the use of, naloxone or other medication for overdose reversal, opioid disposal materials, fentanyl test strips, and other materials to prevent or reverse overdoses, substance use disorder, or impacts related to substance misuse.", "id": "id6cbe9d70ff6a4d5689c8e08a26a6128d", "header": "Standards for the use of materials to prevent overdose and substance use disorder", "nested": [], "links": [] }, { "text": "(d) Sunset \nThis section shall terminate on the date that is 5 years after the date of the enactment of this Act.", "id": "idd5b2a403b04f4c31b351769d67e66a18", "header": "Sunset", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (2) Military family member \nThe term military family member means a family member of a servicemember, including the spouse, parent, dependent, or child of a servicemember, or anyone who has legal responsibility for the child of a servicemember. (3) Servicemember \nThe term servicemember means— (A) a member of the Armed Forces; or (B) a member of the National Guard.", "id": "id253a2951782b4ae3a12b7e54c0680b0b", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "Public Law 104–191", "legal-doc": "public-law", "parsable-cite": "pl/104/191" } ] }, { "text": "714. Modification of administration of medical malpractice claims by members of the uniformed services \n(a) In general \nSection 2733a of title 10, United States Code, is amended— (1) in subsection (a), by striking subsection (f) and inserting subsection (j) ; (2) in subsection (b)(6), by striking subsection (f) and inserting subsection (j) ; (3) in subsection (d)(1), by striking subsection (f) and inserting subsection (j) ; (4) by redesignating subsections (f) through (i) as subsections (j) through (m), respectively; and (5) by inserting after subsection (e) the following new subsections: (f) Expert medical opinions \n(1) The Secretary of Defense may not use an expert medical opinion from an individual in determining whether to allow, settle, and pay a claim under this section unless the individual is a board-certified physician. (2) No claim under this section may be denied on medical grounds until the Secretary obtains an expert medical opinion on the medical malpractice alleged under such claim from an individual who— (A) is not a member of the uniformed services or a civilian employee of the Department of Defense; and (B) does not have a business, medical, or personal relationship with the claimant. (3) If a claim under this section is denied, the Secretary shall provide to the claimant information regarding the identity and qualifications of any individual who provided an expert medical opinion upon which such denial is based. (g) Justification of denial \nIf a claim under this section is denied, the Secretary of Defense shall provide the claimant with detailed reasoning justifying the denial of the claim, including— (1) copies of any written reports prepared by any expert upon which the denial is based; and (2) all records and documents relied upon in preparing such written reports. (h) Appeals \n(1) Any appeal from the denial of a claim under this section shall be considered by a third-party review board jointly established by the Chief Judge of the United States Court of Appeals for the Armed Forces and the Secretary of Defense. (2) The third-party review board established under paragraph (1) shall consist of not more than five members, all of whom who possess sufficient legal or medical background, or both. (3) A claimant under this section that seeks an appeal under paragraph (1) may submit the appeal directly to the third-party review board established under such paragraph. (4) In considering an appeal from the denial of a claim under this section, the third-party review board established under paragraph (1) shall, at the request of the claimant, allow for a hearing on the merits of the appeal in an adversarial nature. (5) The Secretary of Defense shall provide to a claimant seeking an appeal under paragraph (1) a copy of any response to the appeal that is submitted on behalf of the Department of Defense. (6) The third-party review board established under paragraph (1) shall not consist of any member of the uniformed services or civilian employee of the Department of Defense. (i) Treatment of non-economic damages \n(1) Any non-economic damages provided to a member of the uniformed services under this section may not be offset by compensation provided or expected to be provided by the Department of Defense or the Department of Veterans Affairs. (2) (A) The Secretary of Defense shall establish a cap on non-economic damages to be provided with respect to a claim under this section. (B) (i) The cap established under subparagraph (A) shall be determined by calculating the average of non-economic damage caps for medical malpractice claims applicable in California, Texas, North Carolina, and Virginia. (ii) If a State specified in clause (i) provides a different cap for cases involving death and cases not involving death, the cap for cases not involving death shall be used. (C) The cap established under paragraph (1) shall be recalculated not less frequently than once every three years.. (b) Appointment of members \nNot later than 180 days after the date of the enactment of this Act, the Chief Judge of the United States Court of Appeals for the Armed Forces and the Secretary of Defense shall jointly appoint members to the board established under subsection (h)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5). (c) Report \nNot later than 180 days after the establishment of the board required under subsection (h)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report indicating— (1) the membership of the board; (2) the qualifying background of each member of the board; and (3) a statement indicating the independence of each member of the board from the Department of Defense.", "id": "iddeb625ac3dd7432094ae732165478e20", "header": "Modification of administration of medical malpractice claims by members of the uniformed services", "nested": [ { "text": "(a) In general \nSection 2733a of title 10, United States Code, is amended— (1) in subsection (a), by striking subsection (f) and inserting subsection (j) ; (2) in subsection (b)(6), by striking subsection (f) and inserting subsection (j) ; (3) in subsection (d)(1), by striking subsection (f) and inserting subsection (j) ; (4) by redesignating subsections (f) through (i) as subsections (j) through (m), respectively; and (5) by inserting after subsection (e) the following new subsections: (f) Expert medical opinions \n(1) The Secretary of Defense may not use an expert medical opinion from an individual in determining whether to allow, settle, and pay a claim under this section unless the individual is a board-certified physician. (2) No claim under this section may be denied on medical grounds until the Secretary obtains an expert medical opinion on the medical malpractice alleged under such claim from an individual who— (A) is not a member of the uniformed services or a civilian employee of the Department of Defense; and (B) does not have a business, medical, or personal relationship with the claimant. (3) If a claim under this section is denied, the Secretary shall provide to the claimant information regarding the identity and qualifications of any individual who provided an expert medical opinion upon which such denial is based. (g) Justification of denial \nIf a claim under this section is denied, the Secretary of Defense shall provide the claimant with detailed reasoning justifying the denial of the claim, including— (1) copies of any written reports prepared by any expert upon which the denial is based; and (2) all records and documents relied upon in preparing such written reports. (h) Appeals \n(1) Any appeal from the denial of a claim under this section shall be considered by a third-party review board jointly established by the Chief Judge of the United States Court of Appeals for the Armed Forces and the Secretary of Defense. (2) The third-party review board established under paragraph (1) shall consist of not more than five members, all of whom who possess sufficient legal or medical background, or both. (3) A claimant under this section that seeks an appeal under paragraph (1) may submit the appeal directly to the third-party review board established under such paragraph. (4) In considering an appeal from the denial of a claim under this section, the third-party review board established under paragraph (1) shall, at the request of the claimant, allow for a hearing on the merits of the appeal in an adversarial nature. (5) The Secretary of Defense shall provide to a claimant seeking an appeal under paragraph (1) a copy of any response to the appeal that is submitted on behalf of the Department of Defense. (6) The third-party review board established under paragraph (1) shall not consist of any member of the uniformed services or civilian employee of the Department of Defense. (i) Treatment of non-economic damages \n(1) Any non-economic damages provided to a member of the uniformed services under this section may not be offset by compensation provided or expected to be provided by the Department of Defense or the Department of Veterans Affairs. (2) (A) The Secretary of Defense shall establish a cap on non-economic damages to be provided with respect to a claim under this section. (B) (i) The cap established under subparagraph (A) shall be determined by calculating the average of non-economic damage caps for medical malpractice claims applicable in California, Texas, North Carolina, and Virginia. (ii) If a State specified in clause (i) provides a different cap for cases involving death and cases not involving death, the cap for cases not involving death shall be used. (C) The cap established under paragraph (1) shall be recalculated not less frequently than once every three years..", "id": "ide93d6c0873f34e0a82e153de19fe0078", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Appointment of members \nNot later than 180 days after the date of the enactment of this Act, the Chief Judge of the United States Court of Appeals for the Armed Forces and the Secretary of Defense shall jointly appoint members to the board established under subsection (h)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5).", "id": "idd03a6caa16b64683a31087e309de7026", "header": "Appointment of members", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 180 days after the establishment of the board required under subsection (h)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report indicating— (1) the membership of the board; (2) the qualifying background of each member of the board; and (3) a statement indicating the independence of each member of the board from the Department of Defense.", "id": "id575416441fb4471399ee46bdd76b74af", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "721. Modification of partnership program between United States and Ukraine for military trauma care and research \nSection 736 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended— (1) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; and (2) by inserting after paragraph (6) the following new paragraph (7): (7) The provision of training and support to Ukraine for the treatment of individuals with extremity trauma, amputations, post-traumatic stress disorder, traumatic brain injuries, and any other mental health conditions associated with post-traumatic stress disorder or traumatic brain injuries, including— (A) the exchange of subject matter expertise; (B) training and support relating to advanced clinical skills development; and (C) training and support relating to clinical case management support..", "id": "ID8c64f4eaa76147a88b38d339dc149306", "header": "Modification of partnership program between United States and Ukraine for military trauma care and research", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "722. Requirement that Department of Defense disclose expert reports with respect to medical malpractice claims by members of the uniformed services \nSection 2733a of title 10, United States Code, as amended by section 714, is further amended— (1) by redesignating subsections (l) and (m) as subsections (m) and (n), respectively; and (2) by inserting after subsection (k) the following new subsection (l): (l) Disclosure by Department of Defense \n(1) The Secretary of Defense shall disclose to a claimant under this section a copy of all written reports, other than medical quality assurance records (as defined in section 1102(j) of this title), prepared by a medical expert of the Department of Defense or any medical expert consulted by the Department with respect to the claim. (2) Any disclosure under paragraph (1) with respect to an expert described in such paragraph shall include the following: (A) The records and documents considered by the expert. (B) A description of the bases and reasons for the opinion of the expert. (C) The opinion or opinions of the expert regarding standard of care. (D) The opinion or opinions of the expert regarding causation. (E) A description of any disagreement by the expert with any opinion or opinions of the expert of the claimant. (3) Any disclosure under paragraph (1) with respect to an expert described in such paragraph shall not include an identification of the expert. (4) If an expert described in paragraph (1) does not prepare a written report, the Secretary shall disclose the information required under this section to the claimant in writing..", "id": "idea87f0f5ca804628815a2e90f68d5870", "header": "Requirement that Department of Defense disclose expert reports with respect to medical malpractice claims by members of the uniformed services", "nested": [], "links": [ { "text": "section 1102(j)", "legal-doc": "usc", "parsable-cite": "usc/26/1102" } ] }, { "text": "723. Comptroller General study on impact of perinatal mental health conditions of members of the Armed Forces and their dependents on military readiness and retention \n(a) Study \n(1) In general \nThe Comptroller General of the United States shall conduct a study on perinatal mental health conditions among members of the Armed Forces and dependents of such members during the five-year period preceding the date of the enactment of this Act. (2) Elements \nThe study required under paragraph (1) shall include the following: (A) An assessment of beneficiaries under the TRICARE program, including members of the Armed Forces and dependents of such members, who attempted suicide or died by suicide or substance use overdose during the perinatal period. (B) An assessment of members of the Armed Forces discharged from active duty due to a mental health condition within two years after the perinatal period. (C) An assessment of beneficiaries under the TRICARE program, including members of the Armed Forces and dependents of such members, diagnosed with a perinatal mental health condition who were relocated during the perinatal period. (D) An assessment of the effects of retention and promotion policies of the Department of Defense relating to perinatal mental health conditions on members of the Armed Forces seeking and accessing screening, referral, and treatment. (E) The number of members of the Armed Forces who were separated from the Armed Forces or did not receive a promotion due to a diagnosed perinatal mental health condition. (F) An assessment of whether policies of the Department can be modified to provide clear standards for retention and pathways for promotion of members of the Armed Forces diagnosed with a perinatal mental health condition. (G) An assessment of resources needed to integrate behavioral health specialists into all obstetric care practices, pediatric practices, and women’s clinics. (H) A disaggregated demographic assessment of the population included in the study with respect to race, ethnicity, sex, age, family status (including dual service and single parent families), military occupation, military service, and rank, as applicable. (b) Report \nNot later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the findings of the study conducted under subsection (a), including— (1) recommendations for actions to be taken by the Secretary of Defense to improve mental health among members of the Armed Forces and dependents of such members during the perinatal period; (2) recommendations for legislative or administrative action to mitigate the effects of retention and promotion policies of the Department of Defense on members of the Armed Forces seeking and accessing mental health care during the perinatal period; and (3) such other recommendations as the Comptroller General determines appropriate. (c) Definitions \nIn this section: (1) Dependent; TRICARE program \nThe terms dependent and TRICARE program have the meanings given those terms in section 1072 of title 10, United States Code. (2) Perinatal mental health condition \nThe term perinatal mental health condition means a mental health disorder that onsets during the perinatal period. (3) Perinatal period \nThe term perinatal period means the period during pregnancy and the one-year period following childbirth, still birth, or miscarriage.", "id": "id22646ebd71f34550891b8b17b6a09951", "header": "Comptroller General study on impact of perinatal mental health conditions of members of the Armed Forces and their dependents on military readiness and retention", "nested": [ { "text": "(a) Study \n(1) In general \nThe Comptroller General of the United States shall conduct a study on perinatal mental health conditions among members of the Armed Forces and dependents of such members during the five-year period preceding the date of the enactment of this Act. (2) Elements \nThe study required under paragraph (1) shall include the following: (A) An assessment of beneficiaries under the TRICARE program, including members of the Armed Forces and dependents of such members, who attempted suicide or died by suicide or substance use overdose during the perinatal period. (B) An assessment of members of the Armed Forces discharged from active duty due to a mental health condition within two years after the perinatal period. (C) An assessment of beneficiaries under the TRICARE program, including members of the Armed Forces and dependents of such members, diagnosed with a perinatal mental health condition who were relocated during the perinatal period. (D) An assessment of the effects of retention and promotion policies of the Department of Defense relating to perinatal mental health conditions on members of the Armed Forces seeking and accessing screening, referral, and treatment. (E) The number of members of the Armed Forces who were separated from the Armed Forces or did not receive a promotion due to a diagnosed perinatal mental health condition. (F) An assessment of whether policies of the Department can be modified to provide clear standards for retention and pathways for promotion of members of the Armed Forces diagnosed with a perinatal mental health condition. (G) An assessment of resources needed to integrate behavioral health specialists into all obstetric care practices, pediatric practices, and women’s clinics. (H) A disaggregated demographic assessment of the population included in the study with respect to race, ethnicity, sex, age, family status (including dual service and single parent families), military occupation, military service, and rank, as applicable.", "id": "id8109feab594e41438956550ea3cf6616", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the findings of the study conducted under subsection (a), including— (1) recommendations for actions to be taken by the Secretary of Defense to improve mental health among members of the Armed Forces and dependents of such members during the perinatal period; (2) recommendations for legislative or administrative action to mitigate the effects of retention and promotion policies of the Department of Defense on members of the Armed Forces seeking and accessing mental health care during the perinatal period; and (3) such other recommendations as the Comptroller General determines appropriate.", "id": "ided8f43be15784a658aaaffe0a8aff495", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) Dependent; TRICARE program \nThe terms dependent and TRICARE program have the meanings given those terms in section 1072 of title 10, United States Code. (2) Perinatal mental health condition \nThe term perinatal mental health condition means a mental health disorder that onsets during the perinatal period. (3) Perinatal period \nThe term perinatal period means the period during pregnancy and the one-year period following childbirth, still birth, or miscarriage.", "id": "ide66e6b8e87594148b50e774d75ccf058", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "724. Report on mental and behavioral health services provided by Department of Defense \nNot later than 90 days after the date of the enactment of this Act, the Director of the Defense Health Agency shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that contains the following: (1) The current wait times for members of the Armed Forces, including members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces who are enrolled in TRICARE Reserve Select under section 1076d of title 10, United States Code, to receive mental and behavioral health services, disaggregated by State. (2) An assessment of the number of additional mental and behavioral health care providers needed for the Department of Defense to meet established metrics associated with access to mental and behavioral health services. (3) An explanation of the credentialing standards for mental and behavioral health care providers of the Department, including a comparison of those standards to the standards for other Federal and private sector health care providers.", "id": "id8184193c3a534f0285be47f01de4cc6e", "header": "Report on mental and behavioral health services provided by Department of Defense", "nested": [], "links": [] }, { "text": "725. Report on activities of Department of Defense to prevent, intervene, and treat perinatal mental health conditions of members of the Armed Forces and their dependents \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the activities of the Department of Defense to address the mental health of pregnant and postpartum members of the Armed Forces and dependents of such members. (b) Elements \nThe report required by subsection (a) shall include the following (1) An identification of the military medical treatment facilities at which the Secretary offers members of the Armed Forces and their dependents evidence-based programs during the perinatal period that are proven to prevent perinatal mental health conditions. (2) An assessment of such programs offered at such facilities, including an assessment of— (A) the types of programs; (B) the number and location of programs; (C) the number of members of the Armed Forces and their dependents who have participated in such programs, disaggregated by Armed Force, military occupation, sex, age, race, and ethnicity, when applicable; and (D) whether such programs are delivered in-person or virtually and the frequency of the availability of such programs; (3) The number of behavioral health specialists for pregnant and postpartum members of the Armed Forces and dependents integrated into obstetric care practices, pediatrics, and women’s clinics at military medical treatment facilities. (4) An assessment of the implementation of, or plans to implement, a pilot program to provide a reproductive behavioral health consultation service by the Secretary as outlined in the White House Blueprint for Addressing the Maternal Health Crisis, dated June 2022, including— (A) the number of providers the pilot program has served or plans to serve, disaggregated by provider type, specialty, and location; (B) the number and type of trainings providers received or will receive through the consultation line on evidence-based practices to prevent, screen, refer, and treat perinatal mental health conditions; (C) the locations that have had or will have access to the pilot program; (D) the types of expertise services that the consultation line provides or will provide; and (E) methods currently used or that will be used to promote the availability of the consultation line to providers. (5) Any recommendations for legislative or administrative action to improve prevention, intervention, and treatment of perinatal mental health conditions for members of the Armed Forces and their dependents. (c) Definitions \nIn this section: (1) Dependent \nThe term dependent has the meaning given that term in section 1072(2) of title 10, United States Code. (2) Perinatal mental health condition \nThe term perinatal mental health condition means a mental health disorder that occurs during pregnancy or within one year following childbirth, stillbirth, or miscarriage.", "id": "id5ea0206d6844465eaa6a44f817dc5774", "header": "Report on activities of Department of Defense to prevent, intervene, and treat perinatal mental health conditions of members of the Armed Forces and their dependents", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the activities of the Department of Defense to address the mental health of pregnant and postpartum members of the Armed Forces and dependents of such members.", "id": "idc7c0aa67a37d4cc2937795756d44756b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall include the following (1) An identification of the military medical treatment facilities at which the Secretary offers members of the Armed Forces and their dependents evidence-based programs during the perinatal period that are proven to prevent perinatal mental health conditions. (2) An assessment of such programs offered at such facilities, including an assessment of— (A) the types of programs; (B) the number and location of programs; (C) the number of members of the Armed Forces and their dependents who have participated in such programs, disaggregated by Armed Force, military occupation, sex, age, race, and ethnicity, when applicable; and (D) whether such programs are delivered in-person or virtually and the frequency of the availability of such programs; (3) The number of behavioral health specialists for pregnant and postpartum members of the Armed Forces and dependents integrated into obstetric care practices, pediatrics, and women’s clinics at military medical treatment facilities. (4) An assessment of the implementation of, or plans to implement, a pilot program to provide a reproductive behavioral health consultation service by the Secretary as outlined in the White House Blueprint for Addressing the Maternal Health Crisis, dated June 2022, including— (A) the number of providers the pilot program has served or plans to serve, disaggregated by provider type, specialty, and location; (B) the number and type of trainings providers received or will receive through the consultation line on evidence-based practices to prevent, screen, refer, and treat perinatal mental health conditions; (C) the locations that have had or will have access to the pilot program; (D) the types of expertise services that the consultation line provides or will provide; and (E) methods currently used or that will be used to promote the availability of the consultation line to providers. (5) Any recommendations for legislative or administrative action to improve prevention, intervention, and treatment of perinatal mental health conditions for members of the Armed Forces and their dependents.", "id": "id5f80b16cd21f423cb75690b0f2149d74", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) Dependent \nThe term dependent has the meaning given that term in section 1072(2) of title 10, United States Code. (2) Perinatal mental health condition \nThe term perinatal mental health condition means a mental health disorder that occurs during pregnancy or within one year following childbirth, stillbirth, or miscarriage.", "id": "id09989458dada4b74aef046752404b7d2", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "726. Study on family planning and cryopreservation of gametes to improve retention of members of the Armed Forces \n(a) In general \nThe Secretary of Defense shall conduct a study on— (1) the number of members of the Armed Forces who elect to leave the Armed Forces for family planning reasons, disaggregated by gender, age, and military occupational specialty; (2) whether the option of cryopreservation of gametes would lead to greater retention of members of the Armed Forces; (3) methods for the Department of Defense to offer cryopreservation of gametes for the purposes of retention of members of the Armed Forces; (4) the cost to the Department of offering cryopreservation of gametes to active duty members of the Armed Forces; and (5) such other matters relating to family planning and cryopreservation of gametes for members of the Armed Forces as the Secretary considers relevant. (b) Briefing \nNot later than April 1, 2024, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the results of the study conducted under subsection (a).", "id": "id01ba95e6a62e473dafd980737b7a7a9f", "header": "Study on family planning and cryopreservation of gametes to improve retention of members of the Armed Forces", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall conduct a study on— (1) the number of members of the Armed Forces who elect to leave the Armed Forces for family planning reasons, disaggregated by gender, age, and military occupational specialty; (2) whether the option of cryopreservation of gametes would lead to greater retention of members of the Armed Forces; (3) methods for the Department of Defense to offer cryopreservation of gametes for the purposes of retention of members of the Armed Forces; (4) the cost to the Department of offering cryopreservation of gametes to active duty members of the Armed Forces; and (5) such other matters relating to family planning and cryopreservation of gametes for members of the Armed Forces as the Secretary considers relevant.", "id": "id9b1f3e38abe340b283a26d12c95ea28d", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Briefing \nNot later than April 1, 2024, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the results of the study conducted under subsection (a).", "id": "id97a7cec382354fbd9b3159102860ab73", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "801. Amendments to multiyear procurement authority \nSection 3501 of title 10, United States Code, is amended— (1) in subsection (a)(1)— (A) by striking will result in significant savings and inserting the following: “will result in— (A) significant savings ; and (B) by striking annual contracts. and inserting the following: “annual contracts; or (B) necessary industrial base stability not otherwise achievable through annual contracts. ; and (2) by striking $500,000,000 each place it appears and inserting $1,000,000,000.", "id": "IDef8ecaf776c14f369538e78da3247b14", "header": "Amendments to multiyear procurement authority", "nested": [], "links": [] }, { "text": "802. Modernizing the Department of Defense requirements process \n(a) Modernizing the department of defense requirements process \nNot later than October 1, 2025, the Secretary of Defense, acting through the Vice Chairman of the Joint Chiefs of Staff, in cooperation with the Secretaries of the military departments and the commanders of the combatant commands, and in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall develop and implement a streamlined Department of Defense requirements process, to include modernizing the Joint Capabilities Integration and Development System, in order to improve alignment between modern warfare concepts, technologies, and system development and reduce the time to delivery of needed capabilities to Department users. (b) Reform elements \nThe modernization activities conducted under subsection (a) shall include the following elements: (1) Streamlining requirements documents, reviews, and approval processes, especially for programs below the major defense acquisition program threshold described in section 4201 of title 10, United Stated Code. (2) Revisiting requirements management practices from a first principles perspective based on mission outcomes and assessed threats, enabling a more iterative and collaborative approach with the services to shape requirements and technology driven opportunities. (3) Developing a capability needs and requirements framework and pathways that are aligned to the Department’s Adaptive Acquisition Framework pathways, and better aligned and integrated with the Department’s science and technology processes. (4) Enabling the military departments to develop an enduring set of requirements according to a set of capability portfolios to provide a structure across acquisition programs and research, which shall be articulated in a concise model and document with a set of mission impact measures that capability deliveries will seek to continuously improve. (5) Establishing a process to rapidly validate the military utility of commercial solutions to meet capability needs or opportunities in lieu of the traditional program-centric requirements definition. (6) Retiring and replacing the Department of Defense Architecture Framework with a new structure focused on enabling interoperability through application program interfaces, enterprise architectures and platforms, and government and commercial standards. (7) Ensuring that requirements processes for software, artificial intelligence, data, and related capability areas enable a rapid, dynamic, and iterative approach than traditional hardware systems. (c) Elements \nThe implementation of streamlined requirements shall include the following elements: (1) Collaboration with industry, traditional and non-traditional defense companies, and the science and technology community to capture their inputs and feedback on shaping the Department’s requirements processes to ensure it effectively harnesses the innovation ecosystem. (2) Development of a formal career path, training, and structure for requirements management professionals and chief architects. (3) Publication of new policies, guidance, and templates for the operational, requirements, and acquisition workforce in online digital formats instead of large policy documents. (d) Interim report \nNot later than October 1, 2024, the Secretary of Defense shall submit to the congressional defense committees an interim report on the modernization conducted by the Secretary under subsection (a), including— (1) a description of the modernization efforts; (2) the Department of Defense’s plans to implement, communicate, and continuously improve the modernization of the Department’s requirements processes and structure; and (3) any additional recommendations for legislation that the Secretary determines appropriate. (e) Final report \nNot later than October 1, 2025, the Secretary of Defense shall submit to the Secretary of Defense and the congressional defense committees a final report describing activities carried out pursuant to subsections (b) and (c).", "id": "IDbf41915678c54f0bad428f4fc3bb8f16", "header": "Modernizing the Department of Defense requirements process", "nested": [ { "text": "(a) Modernizing the department of defense requirements process \nNot later than October 1, 2025, the Secretary of Defense, acting through the Vice Chairman of the Joint Chiefs of Staff, in cooperation with the Secretaries of the military departments and the commanders of the combatant commands, and in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall develop and implement a streamlined Department of Defense requirements process, to include modernizing the Joint Capabilities Integration and Development System, in order to improve alignment between modern warfare concepts, technologies, and system development and reduce the time to delivery of needed capabilities to Department users.", "id": "id955048e2d0c04c9dbbcb5ed41633c578", "header": "Modernizing the department of defense requirements process", "nested": [], "links": [] }, { "text": "(b) Reform elements \nThe modernization activities conducted under subsection (a) shall include the following elements: (1) Streamlining requirements documents, reviews, and approval processes, especially for programs below the major defense acquisition program threshold described in section 4201 of title 10, United Stated Code. (2) Revisiting requirements management practices from a first principles perspective based on mission outcomes and assessed threats, enabling a more iterative and collaborative approach with the services to shape requirements and technology driven opportunities. (3) Developing a capability needs and requirements framework and pathways that are aligned to the Department’s Adaptive Acquisition Framework pathways, and better aligned and integrated with the Department’s science and technology processes. (4) Enabling the military departments to develop an enduring set of requirements according to a set of capability portfolios to provide a structure across acquisition programs and research, which shall be articulated in a concise model and document with a set of mission impact measures that capability deliveries will seek to continuously improve. (5) Establishing a process to rapidly validate the military utility of commercial solutions to meet capability needs or opportunities in lieu of the traditional program-centric requirements definition. (6) Retiring and replacing the Department of Defense Architecture Framework with a new structure focused on enabling interoperability through application program interfaces, enterprise architectures and platforms, and government and commercial standards. (7) Ensuring that requirements processes for software, artificial intelligence, data, and related capability areas enable a rapid, dynamic, and iterative approach than traditional hardware systems.", "id": "id2d4593ebc87e4b9a87cf279720322ee1", "header": "Reform elements", "nested": [], "links": [] }, { "text": "(c) Elements \nThe implementation of streamlined requirements shall include the following elements: (1) Collaboration with industry, traditional and non-traditional defense companies, and the science and technology community to capture their inputs and feedback on shaping the Department’s requirements processes to ensure it effectively harnesses the innovation ecosystem. (2) Development of a formal career path, training, and structure for requirements management professionals and chief architects. (3) Publication of new policies, guidance, and templates for the operational, requirements, and acquisition workforce in online digital formats instead of large policy documents.", "id": "id485ed84841934bfcb08a2b21dadeb33b", "header": "Elements", "nested": [], "links": [] }, { "text": "(d) Interim report \nNot later than October 1, 2024, the Secretary of Defense shall submit to the congressional defense committees an interim report on the modernization conducted by the Secretary under subsection (a), including— (1) a description of the modernization efforts; (2) the Department of Defense’s plans to implement, communicate, and continuously improve the modernization of the Department’s requirements processes and structure; and (3) any additional recommendations for legislation that the Secretary determines appropriate.", "id": "id7eac0e25326745cf81e5e9e049ae5f27", "header": "Interim report", "nested": [], "links": [] }, { "text": "(e) Final report \nNot later than October 1, 2025, the Secretary of Defense shall submit to the Secretary of Defense and the congressional defense committees a final report describing activities carried out pursuant to subsections (b) and (c).", "id": "id45df12d53c7b44c0bccae09da624a3af", "header": "Final report", "nested": [], "links": [] } ], "links": [] }, { "text": "803. Head of Contracting Authority for Strategic Capabilities Office \n(a) Authority \nThe Director of the Strategic Capabilities Office shall have the authority to conduct acquisition activities within the Strategic Capabilities Office. (b) Acquisition executive \n– (1) In general \nThe staff of the Director shall include an acquisition executive, who shall be responsible for the overall supervision of acquisition matters for the Strategic Capabilities Office. The acquisition executive shall have the authority— (A) to negotiate memoranda of agreement with the military departments and Department of Defense components to carry out the acquisition of equipment, capabilities, and services on behalf of the Office; (B) to supervise the acquisition of equipment, capabilities, and services on behalf of the Office; (C) to represent the Office in discussions with the military departments regarding acquisition programs for which the Office is a customer; and (D) to work with the military departments to ensure that the Office is appropriately represented in any joint working group or integrated product team regarding acquisition programs for which the Office is a customer. (2) Delivery of acquisition solutions \nThe acquisition executive of the Strategic Capabilities Office shall be— (A) responsible to the Director for rapidly delivering acquisition solutions to meet validated cyber operations-peculiar requirements; (B) subordinate to the defense acquisition executive in matters of acquisition; (C) subject to the same oversight as the service acquisition executives; and (D) included on the distribution list for acquisition directives and instructions of the Department of Defense. (c) Implementation plan required \nThe authority granted in subsection (a) shall become effective 30 days after the date on which the Secretary of Defense provides to the congressional defense committees a plan for implementation of those authorities under subsection (a). The plan shall include the following: (1) Summaries of the components to be negotiated in the memoranda of agreement with the military departments and other Department of Defense components to carry out the development, acquisition, and sustainment of equipment, capabilities, and services described in subsection (b)(1). (2) Negotiation and approval timelines for memorandum of agreement. (3) A plan for oversight of the acquisition executive established under subsection (b). (4) An assessment of the acquisition workforce needs of the Strategic Capabilities Office to support the authority provided under subsection (a) until 2028. (5) Other matters as appropriate. (d) Annual end-of-year assessment \nEach year, the Under Secretary of Defense for Acquisition and Sustainment shall review and assess the acquisition activities of the Strategic Capabilities Office, including contracting and acquisition documentation, for the previous fiscal year and provide any recommendations or feedback to the acquisition executive of the Strategic Capabilities Office. (e) Sunset \n(1) In general \nThe authority provided under this section shall terminate on September 30, 2028. (2) Limitation on duration of acquisitions \nThe authority under this section does not include major defense acquisition programs, major automated information system programs, or acquisitions of foundational infrastructure or software architectures the duration of which is expected to last more than five years.", "id": "IDf7f8a2a249a34f17835168179c83407a", "header": "Head of Contracting Authority for Strategic Capabilities Office", "nested": [ { "text": "(a) Authority \nThe Director of the Strategic Capabilities Office shall have the authority to conduct acquisition activities within the Strategic Capabilities Office.", "id": "id3810baa34d4a4c6abe632f6965d8141e", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Acquisition executive \n– (1) In general \nThe staff of the Director shall include an acquisition executive, who shall be responsible for the overall supervision of acquisition matters for the Strategic Capabilities Office. The acquisition executive shall have the authority— (A) to negotiate memoranda of agreement with the military departments and Department of Defense components to carry out the acquisition of equipment, capabilities, and services on behalf of the Office; (B) to supervise the acquisition of equipment, capabilities, and services on behalf of the Office; (C) to represent the Office in discussions with the military departments regarding acquisition programs for which the Office is a customer; and (D) to work with the military departments to ensure that the Office is appropriately represented in any joint working group or integrated product team regarding acquisition programs for which the Office is a customer. (2) Delivery of acquisition solutions \nThe acquisition executive of the Strategic Capabilities Office shall be— (A) responsible to the Director for rapidly delivering acquisition solutions to meet validated cyber operations-peculiar requirements; (B) subordinate to the defense acquisition executive in matters of acquisition; (C) subject to the same oversight as the service acquisition executives; and (D) included on the distribution list for acquisition directives and instructions of the Department of Defense.", "id": "id6d89dfd88fb14194b08ca1f4753e6f76", "header": "Acquisition executive", "nested": [], "links": [] }, { "text": "(c) Implementation plan required \nThe authority granted in subsection (a) shall become effective 30 days after the date on which the Secretary of Defense provides to the congressional defense committees a plan for implementation of those authorities under subsection (a). The plan shall include the following: (1) Summaries of the components to be negotiated in the memoranda of agreement with the military departments and other Department of Defense components to carry out the development, acquisition, and sustainment of equipment, capabilities, and services described in subsection (b)(1). (2) Negotiation and approval timelines for memorandum of agreement. (3) A plan for oversight of the acquisition executive established under subsection (b). (4) An assessment of the acquisition workforce needs of the Strategic Capabilities Office to support the authority provided under subsection (a) until 2028. (5) Other matters as appropriate.", "id": "ide96733daaa3249689a61cd376155cb93", "header": "Implementation plan required", "nested": [], "links": [] }, { "text": "(d) Annual end-of-year assessment \nEach year, the Under Secretary of Defense for Acquisition and Sustainment shall review and assess the acquisition activities of the Strategic Capabilities Office, including contracting and acquisition documentation, for the previous fiscal year and provide any recommendations or feedback to the acquisition executive of the Strategic Capabilities Office.", "id": "id77283da87bdf4459aa5894502c9a9907", "header": "Annual end-of-year assessment", "nested": [], "links": [] }, { "text": "(e) Sunset \n(1) In general \nThe authority provided under this section shall terminate on September 30, 2028. (2) Limitation on duration of acquisitions \nThe authority under this section does not include major defense acquisition programs, major automated information system programs, or acquisitions of foundational infrastructure or software architectures the duration of which is expected to last more than five years.", "id": "id92d2d63613c44ea78197b2ff15fa4b94", "header": "Sunset", "nested": [], "links": [] } ], "links": [] }, { "text": "804. Pilot program for the use of innovative intellectual property strategies \n(a) In general \nAs soon as practicable, the Secretary of each military department shall designate one acquisition program within their service and the Under Secretary of Defense for Acquisition and Sustainment shall designate one acquisition program within the Department of Defense Agencies and Field Activities for the use of innovative intellectual property strategies in order to acquire the necessary technical data rights required for the operations and maintenance of that system. (b) Briefing requirement \nNot later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the requirements of this section. (c) Annual report \nUpon selection of the programs to be covered by this section and until the termination of this authority, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide an annual report to the Committees on Armed Services of the Senate and the House of Representatives on the effectiveness of the pilot program in acquiring the data necessary to support timely, cost-effective maintenance and sustainment of the system and any recommendations for the applicability of lessons learned from this pilot program to future acquisition programs. (d) Definitions \nIn this section: (1) Department of Defense Agencies and Field Activities \nThe terms Department of Defense Agency and Department of Defense Field Activity have the meanings given those terms in section 101 of title 10, United States Code. (2) Innovative intellectual property strategies \nThe term innovative intellectual property strategies includes the following: (A) The use of an escrow account to verify and hold intellectual property data. (B) The use of royalties or licenses. (C) Other innovative strategies to acquire the necessary level of intellectual property and data rights to support the operations, maintenance, installation, and training (OMIT) of the selected program. (e) Sunset \nThe authority to initiate a program under this section shall terminate on December 31, 2028.", "id": "idF90CCCF5D7ED4E2DA2D1E3FDACE5D07D", "header": "Pilot program for the use of innovative intellectual property strategies", "nested": [ { "text": "(a) In general \nAs soon as practicable, the Secretary of each military department shall designate one acquisition program within their service and the Under Secretary of Defense for Acquisition and Sustainment shall designate one acquisition program within the Department of Defense Agencies and Field Activities for the use of innovative intellectual property strategies in order to acquire the necessary technical data rights required for the operations and maintenance of that system.", "id": "id753233b36678479e961e682de2c10bc9", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Briefing requirement \nNot later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the requirements of this section.", "id": "id2b32b7c401a94e34a8b9f86f14129680", "header": "Briefing requirement", "nested": [], "links": [] }, { "text": "(c) Annual report \nUpon selection of the programs to be covered by this section and until the termination of this authority, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide an annual report to the Committees on Armed Services of the Senate and the House of Representatives on the effectiveness of the pilot program in acquiring the data necessary to support timely, cost-effective maintenance and sustainment of the system and any recommendations for the applicability of lessons learned from this pilot program to future acquisition programs.", "id": "id6a1a68644753499ea161f3005c6681df", "header": "Annual report", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Department of Defense Agencies and Field Activities \nThe terms Department of Defense Agency and Department of Defense Field Activity have the meanings given those terms in section 101 of title 10, United States Code. (2) Innovative intellectual property strategies \nThe term innovative intellectual property strategies includes the following: (A) The use of an escrow account to verify and hold intellectual property data. (B) The use of royalties or licenses. (C) Other innovative strategies to acquire the necessary level of intellectual property and data rights to support the operations, maintenance, installation, and training (OMIT) of the selected program.", "id": "id09761c0700304e31a7faeec6c6f4fded", "header": "Definitions", "nested": [], "links": [] }, { "text": "(e) Sunset \nThe authority to initiate a program under this section shall terminate on December 31, 2028.", "id": "idf627192e0ab3482c9f844febd7542bc9", "header": "Sunset", "nested": [], "links": [] } ], "links": [] }, { "text": "805. Focused commercial solutions openings opportunities \n(a) Requirement \nThe Secretary of Defense, in coordination with the service acquisition executives of each military department, shall create not less than three new commercial solutions opening (CSO) opportunities pursuant to section 3458 of title 10, United States Code, each fiscal year. Each such CSO opportunities shall be dedicated to addressing the mission needs and integrated priority lists of a single geographic combatant command. (b) Execution \nIn creating the CSO opportunities required under subsection (a), the Secretary of Defense shall— (1) assign the responsibility for issuing a CSO to a single military department, with a program executive officer from that military department assigned as lead; and (2) ensure that any program executive office (PEO) assignment should be made to align the needs of the CSO with a PEO that has similar existing requirements and funding for transitioning technologies within the focus area. (c) Sunset \nThe requirement in subsection (a) shall expire on September 30, 2027.", "id": "IDf4ec96aa7128480896b1839fc99b9be2", "header": "Focused commercial solutions openings opportunities", "nested": [ { "text": "(a) Requirement \nThe Secretary of Defense, in coordination with the service acquisition executives of each military department, shall create not less than three new commercial solutions opening (CSO) opportunities pursuant to section 3458 of title 10, United States Code, each fiscal year. Each such CSO opportunities shall be dedicated to addressing the mission needs and integrated priority lists of a single geographic combatant command.", "id": "id16cb50fe366441c1b85437e846eb5315", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Execution \nIn creating the CSO opportunities required under subsection (a), the Secretary of Defense shall— (1) assign the responsibility for issuing a CSO to a single military department, with a program executive officer from that military department assigned as lead; and (2) ensure that any program executive office (PEO) assignment should be made to align the needs of the CSO with a PEO that has similar existing requirements and funding for transitioning technologies within the focus area.", "id": "idd7e8a9b12cec42ab9df1582b7ef32667", "header": "Execution", "nested": [], "links": [] }, { "text": "(c) Sunset \nThe requirement in subsection (a) shall expire on September 30, 2027.", "id": "id0de6fd63cb1e456fa97bea1ed99f55d6", "header": "Sunset", "nested": [], "links": [] } ], "links": [] }, { "text": "806. Study on reducing barriers to acquisition of commercial products and services \n(a) In general \nThe Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall conduct a study on the feasibility and advisability of— (1) establishing a default determination that products and services acquired by the Department of Defense are commercial and do not require commercial determination as provided under section 3456 of title 10, United States Code; (2) establishing a requirement for non-commercial determinations to be made for acquisitions to use procedures other than part 12 of the Federal Acquisition Regulation; and (3) mandating use of commercial procedures under part 12 of the Federal Acquisition Regulation unless a justification of non-commerciality is determined. (b) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the study conducted under subsection (a). The report shall include specific findings with relevant data and proposed recommendations, including for any necessary and desirable modifications to applicable statute for any changes the Department seeks to make regarding paragraphs (1) through (3) of subsection (a).", "id": "ID0f15e44fdd644965afaa7ca2d37585d9", "header": "Study on reducing barriers to acquisition of commercial products and services", "nested": [ { "text": "(a) In general \nThe Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall conduct a study on the feasibility and advisability of— (1) establishing a default determination that products and services acquired by the Department of Defense are commercial and do not require commercial determination as provided under section 3456 of title 10, United States Code; (2) establishing a requirement for non-commercial determinations to be made for acquisitions to use procedures other than part 12 of the Federal Acquisition Regulation; and (3) mandating use of commercial procedures under part 12 of the Federal Acquisition Regulation unless a justification of non-commerciality is determined.", "id": "id33ed35ccb76945dfb3043e6ede99b287", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the study conducted under subsection (a). The report shall include specific findings with relevant data and proposed recommendations, including for any necessary and desirable modifications to applicable statute for any changes the Department seeks to make regarding paragraphs (1) through (3) of subsection (a).", "id": "idfeba67fc430a48b79398b1145610cfe0", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "807. Sense of the Senate on independent cost assessment \nIt is the sense of the Senate that— (1) to implement the National Defense Strategy, the Department of Defense requires thoughtful and thorough analysis to ensure efficient and effective use of each taxpayer dollar to inform tradeoff analysis that delivers the optimum portfolio of military capabilities; (2) the Secretary of Defense requires timely, insightful, and unbiased analysis on cost estimation for major defense acquisition programs; and (3) the Office of the Director of Cost Assessment and Program Evaluation supports implementation of the National Defense Strategy by— (A) providing insight into the costs of major defense acquisition programs and other technology development initiatives that enables responsible budgeting and proactive management decisions so that the Department can control cost, drive efficiency, and achieve savings; (B) ensuring that the cost estimation workforce of the Department of Defense is using the most modern and realistic cost estimation methodologies, tools, and tradecraft, including the collection and distribution of data through the Cost Assessment Data Enterprise; and (C) providing timely review and oversight of cost estimates performed by the defense agencies and military departments.", "id": "idb8fa49eca6634e1db8cc31f98732a7ae", "header": "Sense of the Senate on independent cost assessment", "nested": [], "links": [] }, { "text": "808. Emergency acquisition authority for purposes of replenishing United States stockpiles \nSection 3601(a)(1) of title 10, United States Code, is amended— (1) in subparagraph (A)(iv), by striking ; or and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (C) for purposes of— (i) replenishing United States stockpiles with like defense articles when those stockpiles are diminished as a result of the United States providing defense articles in response to an armed attack by a country of concern (as that term is defined in section 1(m) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(m) ) against— (I) a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, entitled, To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes (56 Stat. 1028, chapter 668; 42 U.S.C. 1711(d) )); or (II) a United States partner; or (ii) contracting for the movement or delivery of defense articles transferred to such ally or partner through the President's drawdown authorities in connection with such response, provided that the United States is not a party to the hostilities..", "id": "id758E1D56E0C2414AB52E1C247B30F17A", "header": "Emergency acquisition authority for purposes of replenishing United States stockpiles", "nested": [], "links": [ { "text": "22 U.S.C. 2651a(m)", "legal-doc": "usc", "parsable-cite": "usc/22/2651a" }, { "text": "42 U.S.C. 1711(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1711" } ] }, { "text": "811. Commander initiated rapid contracting actions \n(a) In general \nThe commander of a combatant command, upon providing a written determination to a supporting head (or heads) of contracting activity (HCA), may request emergency, rapid contracting response using special authorities described in subsection (b)— (1) in support of a contingency operation (as defined in section 101(a) of title 10, United States Code); (2) to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States; (3) in support of a humanitarian or peacekeeping operation (as the term is defined in section 3015(2) of title 10, United States Code); and (4) for purposes of protecting the national security interests of the United States during directed operations that fall below the level of armed conflict. (b) Applicability \nIn carrying out subsection (a), the HCA may utilize the following authorities to rapidly respond to time-sensitive or unplanned emergency situations: (1) For actions taken under subsection (a) in the case of a contract to be awarded and performed, or purchase to be made, in the United States, simplified procedures for a single contracting action may be used up to $15,000. (2) For actions taken under subsection (a) in the case of a contract to be awarded and performed, or purchase to be made, outside the United States, simplified procedures for a single contracting action may be used up to $25,000. (3) For purposes of section 3205(a)(2) of title 10, United States Code, the applicable threshold is deemed to be $10,000,000. (4) The property or service being procured may be treated as a commercial product or a commercial service for the purpose of carrying out the procurement. (c) Determination \nA written determination required under subsection (a) may be used to cover more than one requested action, and may be directed to more than one HCA, and shall include: (1) The rationale for initiating the request in accordance with paragraphs (1) though (4) of such subsection. (2) A description of the actions being requested of the HCA. (3) A declaration that funds are available for such requested contracting support. (d) Sunset \nThe authority under subsection (a) shall terminate on September 30, 2028. (e) Annual report \nNot later than January 15, 2025, and annually thereafter for four years, the Chairman of the Joint Chiefs of Staff, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall provide a report to the congressional defense committees on the use of the authority under this section for the previous fiscal year. The report shall include a summary of each instance of the authority being used, including— (1) the combatant command initiating the action or actions; (2) the supporting HCA or HCAs; and (3) the specific actions requested, including the contract performer and value of contracting action.", "id": "IDc0a5812c59f641c79ede0f2d6439ef69", "header": "Commander initiated rapid contracting actions", "nested": [ { "text": "(a) In general \nThe commander of a combatant command, upon providing a written determination to a supporting head (or heads) of contracting activity (HCA), may request emergency, rapid contracting response using special authorities described in subsection (b)— (1) in support of a contingency operation (as defined in section 101(a) of title 10, United States Code); (2) to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States; (3) in support of a humanitarian or peacekeeping operation (as the term is defined in section 3015(2) of title 10, United States Code); and (4) for purposes of protecting the national security interests of the United States during directed operations that fall below the level of armed conflict.", "id": "id7a303f7d41ed4977a768ef0db5f5ed58", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Applicability \nIn carrying out subsection (a), the HCA may utilize the following authorities to rapidly respond to time-sensitive or unplanned emergency situations: (1) For actions taken under subsection (a) in the case of a contract to be awarded and performed, or purchase to be made, in the United States, simplified procedures for a single contracting action may be used up to $15,000. (2) For actions taken under subsection (a) in the case of a contract to be awarded and performed, or purchase to be made, outside the United States, simplified procedures for a single contracting action may be used up to $25,000. (3) For purposes of section 3205(a)(2) of title 10, United States Code, the applicable threshold is deemed to be $10,000,000. (4) The property or service being procured may be treated as a commercial product or a commercial service for the purpose of carrying out the procurement.", "id": "id7765e4ad4f934011b725fcf9813d41a1", "header": "Applicability", "nested": [], "links": [] }, { "text": "(c) Determination \nA written determination required under subsection (a) may be used to cover more than one requested action, and may be directed to more than one HCA, and shall include: (1) The rationale for initiating the request in accordance with paragraphs (1) though (4) of such subsection. (2) A description of the actions being requested of the HCA. (3) A declaration that funds are available for such requested contracting support.", "id": "ida2e82be2e25841e1a6316fd5b081a19d", "header": "Determination", "nested": [], "links": [] }, { "text": "(d) Sunset \nThe authority under subsection (a) shall terminate on September 30, 2028.", "id": "idde8850b04cc9427f82e569ec0cd93af8", "header": "Sunset", "nested": [], "links": [] }, { "text": "(e) Annual report \nNot later than January 15, 2025, and annually thereafter for four years, the Chairman of the Joint Chiefs of Staff, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall provide a report to the congressional defense committees on the use of the authority under this section for the previous fiscal year. The report shall include a summary of each instance of the authority being used, including— (1) the combatant command initiating the action or actions; (2) the supporting HCA or HCAs; and (3) the specific actions requested, including the contract performer and value of contracting action.", "id": "id083b283ad1044de0a8704139f0309565", "header": "Annual report", "nested": [], "links": [] } ], "links": [] }, { "text": "812. Extension and revisions to never contract with the enemy \n(a) In general \nSection 841 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 10 U.S.C. 4871 note prec.) is amended— (1) by striking the section heading and inserting Threat mitigation in commercial support to operations ; (2) in subsection (a)— (A) by striking the subsection heading and inserting Program established ; (B) by striking and in consultation with the Secretary of State and all that follows through the period at the end and inserting and the Secretary of State, establish a program to enable combatant commanders to identify and manage risks introduced by covered persons and entities providing commercial support to military operations. The Secretary of Defense shall publish policy establishing this program with responsibilities for program execution and oversight and procedures for use of available intelligence, security, and law enforcement information to identify threats and employment of a range of strategies, including the covered procurement actions described in this section, to manage risks posed by covered persons and entities that are engaged in covered activities. ; (3) by amending subsection (b) to read as follows: (b) Authority \n(1) Identification \nThe combatant commander shall identify covered persons or entities engaged in covered activities through the program established under subsection (a). Upon identification of a covered person or entity, combatant commanders, or their designated deputies, shall notify and provide rationale for such an identification to the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Intelligence and Security, and the Under Secretary of Defense for Policy. (2) Covered procurement actions \n(A) In general \nThe head of a contracting activity may exercise a covered procurement action on a covered persons or entity. (B) Limitation on covered procurement actions \nThe head of a contracting activity may exercise a covered procurement action only after receiving a notification and recommendation from the Under Secretary of Defense for Acquisition and Sustainment, based on a risk assessment by the identifying combatant commander, that states that— (i) the person or entity identified by the combatant commander meets the criteria for a covered person or entity and was or is actively engaged in one or more covered activities; and (ii) less intrusive measures are not reasonably available to manage the risk. ; (4) by amending subsection (c) to read as follows: (c) Notification to covered person or entity \n(1) Advance notice \nContracting activities shall notify covered persons and entities through covered solicitations and contracts, grants, or cooperative agreements of the following matters: (A) The program established under subsection (a). (B) The authorities established under subsection (b). (C) The responsibilities of covered persons or entities to exercise due diligence to mitigate their engagement in covered activities. (2) Notice of covered procurement actions \n(A) In general \nUpon exercising a covered procurement action, the head of a contracting activity shall notify the covered person or entity of the action. The covered person or entity shall be permitted the opportunity to challenge the covered procurement action by requesting an administrative review of the action under the procedures of the Department of Defense not later than 30 days after receipt of notice of the action. (B) Limitation on disclosure of information \nFull disclosure of information to a covered person or entity justifying an identification made under subsection (b)(1) or a covered procurement action need not be provided when such a disclosure would compromise national security or would pose an unacceptable threat to personnel of the United States or partners and allies. (C) Protection of classified information \nClassified information relied upon to exercise a covered procurement action may not be disclosed to a covered person or entity, or to their representatives, unless a protective order issued by a court of competent jurisdiction established under article I or article III of the Constitution of the United States specifically addresses the conditions under which such classified information may be disclosed. ; (5) by amending subsection (d) to read as follows: (d) Covered procurement action reporting \nAll covered procurement actions shall be reported to the Under Secretary of Defense for Acquisition and Sustainment and reported in the Federal Awardee Performance and Integrity Information System (FAPIIS) or other formal systems or record. Exclusions shall also be reported in the System for Award Management (SAM). ; (6) by amending subsection (e) to read as follows: (e) Annual review \nThe Secretary of Defense, in coordination with the Director of National Intelligence and the Secretary of State, shall, on an annual basis, review the lists of persons and entities having been subject to a covered procurement action under subsection (b)(2) to determine whether or not such persons and entities continue to warrant use of the covered procurement action. ; (7) by amending subsection (f) to read as follows: (f) Waiver \nThe Secretary of Defense, in conjunction with the Secretary of State, may grant a waiver for actions taken under subsection (b) if it is in the best interest of national security. ; (8) by amending subsection (g) to read as follows: (g) Delegation of authority \nThe authority provided by subsection (b) to make a determination to use a covered procurement action, in whole or in part, may not be delegated below the level of head of contracting activity, or equivalent official for purposes of grants or cooperative agreements. ; (9) by amending subsection (h) to read as follows: (h) Updating regulations \nThe Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement shall be revised to implement the provisions of this subtitle. ; (10) in subsection (i)— (A) in paragraph (1)— (i) by striking Director of the Office of Management and Budget and inserting Secretary of Defense ; (ii) by striking appropriate committees of Congress and inserting congressional defense committees ; (iii) in subparagraph (A)— (I) by striking an executive agency exercised the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (c), based on a notification under subsection (b) and inserting a head of contracting activity exercised a covered procurement action ; (II) in clause (i) by striking executive agency and inserting head of contracting activity ; (III) in clause (ii), by striking the action taken and inserting exercising the covered procurement action ; (IV) in clause (iii), by striking voided or terminated and inserting subject to the covered procurement action ; and (V) in clause (iv)— (aa) by striking executive agency in force and inserting Department of Defense has and (bb) by striking concerned at the time the contract, grant, or cooperative agreement was terminated or voided and replacing with at the time of exercise of the covered procurement action ; and (iv) in subparagraph (B)— (I) by striking an executive agency did not exercise the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (c), based on a notification under subsection (b) and inserting a head of contracting activity did not exercise a covered procurement action following an identification from a combatant commander ; (II) in clause (i), by striking executive agency and inserting head of contracting activity ; and (III) in clause (ii), by inserting covered procurement before action ; and (B) in paragraph (2), by striking Director and inserting Secretary of Defense ; (11) by striking subsection (j) and (m) and redesignating subsections (k), (l), and (n) as subsections (j), (k), and (l), respectively; (12) in subsection (k), as redesignated by paragraph (11), by striking Except as provided in subsection (l), the and inserting The ; and (13) in subsection (l), as so redesignated, by striking December 31, 2025 and inserting December 31, 2033. (b) Access to records \nSection 842 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 is amended by striking subsections (a) through (c) and inserting the following: (a) Additional access to records \nThe Secretary of Defense may examine any records of persons or entities that have existing contracts with, or are active recipients of a grant or cooperative agreement from, the Department of Defense, including any subcontractors or subgrantees, to the extent necessary to support the program established under section 841 of this Act. (b) Limitation \nThe examination authorized under subsection (a) may only take place after a written determination is made by the contracting officer, informed by a finding from the combatant commander, stating that this examination will support the program established under such section 841, and less intrusive measures are not reasonably available to manage the risk.. (c) Definitions \nSection 843 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 is amended— (1) by striking paragraphs (1), (2), (3), (4), (7), and (9) and redesignating paragraphs (5), (6), and (8) as paragraphs (2), (3), and (6); (2) by inserting before paragraph (2), as redesignated by paragraph (1) of this section, the following new paragraph: (1) Covered activities \nThe term covered activities means activities where a covered person or entity is— (A) engaging in acts of violence against personnel of the United States or partners and allies; (B) providing financing, logistics, training, or intelligence to a person described in subparagraph (A); (C) engaging in foreign intelligence activities against the United States or partners and allies; (D) engaging in transnational organized crime or criminal activities; or (E) engaging in other activities that present a direct or indirect risk to United States or partner and allied missions and forces. ; (3) in paragraph (2), as so redesignated, by striking with an estimated value in excess of $50,000 that is performed outside the United States, including its territories and possessions, in support and all that follows through the period at the end and inserting that is performed outside the United States, including its territories and possessions. ; (4) by amending paragraph (3), as so redesignated, to read as follows: (3) Covered person or entity \nThe term covered person or entity means any person, corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity outside of the United States or any foreign reporting company in accordance with section 5336(a)(11)(A)(ii) of title 31, United States Code, that is responding to a covered solicitation or performing work on a covered contract, grant, or cooperative agreement. ; and (5) by inserting after paragraph (3), as so redesignated, the following new paragraphs: (4) Covered procurement action \nThe term covered procurement action means an action taken by a head of contracting activity to— (A) exclude a person or commercial entity from award with or without an existing contract, grant, or cooperative agreement; (B) terminate an existing contract, grant, or cooperative agreement for default; or (C) void in whole or in part an existing contract, grant, or cooperative agreement. (5) Covered solicitation \nThe term covered solicitation means any Department of Defense solicitation for work for which the place of performance is outside of the United States.. (d) Effective date \nThe amendments made by this section shall take effect not later than 180 days after the enactment of this Act, and shall apply to covered solicitations issued and covered contracts, grants, or cooperative agreements (as that term is defined in section 843 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by subsection (c)) awarded on or after such date, and to task and delivery orders that have been issued on or after such date pursuant to covered contracts, grants, or cooperative agreements that are awarded before, on, or after such date.", "id": "ID38909387c75f4cc5b4918a0196a9f8a3", "header": "Extension and revisions to never contract with the enemy", "nested": [ { "text": "(a) In general \nSection 841 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 10 U.S.C. 4871 note prec.) is amended— (1) by striking the section heading and inserting Threat mitigation in commercial support to operations ; (2) in subsection (a)— (A) by striking the subsection heading and inserting Program established ; (B) by striking and in consultation with the Secretary of State and all that follows through the period at the end and inserting and the Secretary of State, establish a program to enable combatant commanders to identify and manage risks introduced by covered persons and entities providing commercial support to military operations. The Secretary of Defense shall publish policy establishing this program with responsibilities for program execution and oversight and procedures for use of available intelligence, security, and law enforcement information to identify threats and employment of a range of strategies, including the covered procurement actions described in this section, to manage risks posed by covered persons and entities that are engaged in covered activities. ; (3) by amending subsection (b) to read as follows: (b) Authority \n(1) Identification \nThe combatant commander shall identify covered persons or entities engaged in covered activities through the program established under subsection (a). Upon identification of a covered person or entity, combatant commanders, or their designated deputies, shall notify and provide rationale for such an identification to the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Intelligence and Security, and the Under Secretary of Defense for Policy. (2) Covered procurement actions \n(A) In general \nThe head of a contracting activity may exercise a covered procurement action on a covered persons or entity. (B) Limitation on covered procurement actions \nThe head of a contracting activity may exercise a covered procurement action only after receiving a notification and recommendation from the Under Secretary of Defense for Acquisition and Sustainment, based on a risk assessment by the identifying combatant commander, that states that— (i) the person or entity identified by the combatant commander meets the criteria for a covered person or entity and was or is actively engaged in one or more covered activities; and (ii) less intrusive measures are not reasonably available to manage the risk. ; (4) by amending subsection (c) to read as follows: (c) Notification to covered person or entity \n(1) Advance notice \nContracting activities shall notify covered persons and entities through covered solicitations and contracts, grants, or cooperative agreements of the following matters: (A) The program established under subsection (a). (B) The authorities established under subsection (b). (C) The responsibilities of covered persons or entities to exercise due diligence to mitigate their engagement in covered activities. (2) Notice of covered procurement actions \n(A) In general \nUpon exercising a covered procurement action, the head of a contracting activity shall notify the covered person or entity of the action. The covered person or entity shall be permitted the opportunity to challenge the covered procurement action by requesting an administrative review of the action under the procedures of the Department of Defense not later than 30 days after receipt of notice of the action. (B) Limitation on disclosure of information \nFull disclosure of information to a covered person or entity justifying an identification made under subsection (b)(1) or a covered procurement action need not be provided when such a disclosure would compromise national security or would pose an unacceptable threat to personnel of the United States or partners and allies. (C) Protection of classified information \nClassified information relied upon to exercise a covered procurement action may not be disclosed to a covered person or entity, or to their representatives, unless a protective order issued by a court of competent jurisdiction established under article I or article III of the Constitution of the United States specifically addresses the conditions under which such classified information may be disclosed. ; (5) by amending subsection (d) to read as follows: (d) Covered procurement action reporting \nAll covered procurement actions shall be reported to the Under Secretary of Defense for Acquisition and Sustainment and reported in the Federal Awardee Performance and Integrity Information System (FAPIIS) or other formal systems or record. Exclusions shall also be reported in the System for Award Management (SAM). ; (6) by amending subsection (e) to read as follows: (e) Annual review \nThe Secretary of Defense, in coordination with the Director of National Intelligence and the Secretary of State, shall, on an annual basis, review the lists of persons and entities having been subject to a covered procurement action under subsection (b)(2) to determine whether or not such persons and entities continue to warrant use of the covered procurement action. ; (7) by amending subsection (f) to read as follows: (f) Waiver \nThe Secretary of Defense, in conjunction with the Secretary of State, may grant a waiver for actions taken under subsection (b) if it is in the best interest of national security. ; (8) by amending subsection (g) to read as follows: (g) Delegation of authority \nThe authority provided by subsection (b) to make a determination to use a covered procurement action, in whole or in part, may not be delegated below the level of head of contracting activity, or equivalent official for purposes of grants or cooperative agreements. ; (9) by amending subsection (h) to read as follows: (h) Updating regulations \nThe Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement shall be revised to implement the provisions of this subtitle. ; (10) in subsection (i)— (A) in paragraph (1)— (i) by striking Director of the Office of Management and Budget and inserting Secretary of Defense ; (ii) by striking appropriate committees of Congress and inserting congressional defense committees ; (iii) in subparagraph (A)— (I) by striking an executive agency exercised the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (c), based on a notification under subsection (b) and inserting a head of contracting activity exercised a covered procurement action ; (II) in clause (i) by striking executive agency and inserting head of contracting activity ; (III) in clause (ii), by striking the action taken and inserting exercising the covered procurement action ; (IV) in clause (iii), by striking voided or terminated and inserting subject to the covered procurement action ; and (V) in clause (iv)— (aa) by striking executive agency in force and inserting Department of Defense has and (bb) by striking concerned at the time the contract, grant, or cooperative agreement was terminated or voided and replacing with at the time of exercise of the covered procurement action ; and (iv) in subparagraph (B)— (I) by striking an executive agency did not exercise the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (c), based on a notification under subsection (b) and inserting a head of contracting activity did not exercise a covered procurement action following an identification from a combatant commander ; (II) in clause (i), by striking executive agency and inserting head of contracting activity ; and (III) in clause (ii), by inserting covered procurement before action ; and (B) in paragraph (2), by striking Director and inserting Secretary of Defense ; (11) by striking subsection (j) and (m) and redesignating subsections (k), (l), and (n) as subsections (j), (k), and (l), respectively; (12) in subsection (k), as redesignated by paragraph (11), by striking Except as provided in subsection (l), the and inserting The ; and (13) in subsection (l), as so redesignated, by striking December 31, 2025 and inserting December 31, 2033.", "id": "id4b24653a6832431ca2dd802eee4646af", "header": "In general", "nested": [], "links": [ { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" }, { "text": "10 U.S.C. 4871", "legal-doc": "usc", "parsable-cite": "usc/10/4871" } ] }, { "text": "(b) Access to records \nSection 842 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 is amended by striking subsections (a) through (c) and inserting the following: (a) Additional access to records \nThe Secretary of Defense may examine any records of persons or entities that have existing contracts with, or are active recipients of a grant or cooperative agreement from, the Department of Defense, including any subcontractors or subgrantees, to the extent necessary to support the program established under section 841 of this Act. (b) Limitation \nThe examination authorized under subsection (a) may only take place after a written determination is made by the contracting officer, informed by a finding from the combatant commander, stating that this examination will support the program established under such section 841, and less intrusive measures are not reasonably available to manage the risk..", "id": "id39c03324e2df40feaf69e6657ed0bd7d", "header": "Access to records", "nested": [], "links": [] }, { "text": "(c) Definitions \nSection 843 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 is amended— (1) by striking paragraphs (1), (2), (3), (4), (7), and (9) and redesignating paragraphs (5), (6), and (8) as paragraphs (2), (3), and (6); (2) by inserting before paragraph (2), as redesignated by paragraph (1) of this section, the following new paragraph: (1) Covered activities \nThe term covered activities means activities where a covered person or entity is— (A) engaging in acts of violence against personnel of the United States or partners and allies; (B) providing financing, logistics, training, or intelligence to a person described in subparagraph (A); (C) engaging in foreign intelligence activities against the United States or partners and allies; (D) engaging in transnational organized crime or criminal activities; or (E) engaging in other activities that present a direct or indirect risk to United States or partner and allied missions and forces. ; (3) in paragraph (2), as so redesignated, by striking with an estimated value in excess of $50,000 that is performed outside the United States, including its territories and possessions, in support and all that follows through the period at the end and inserting that is performed outside the United States, including its territories and possessions. ; (4) by amending paragraph (3), as so redesignated, to read as follows: (3) Covered person or entity \nThe term covered person or entity means any person, corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity outside of the United States or any foreign reporting company in accordance with section 5336(a)(11)(A)(ii) of title 31, United States Code, that is responding to a covered solicitation or performing work on a covered contract, grant, or cooperative agreement. ; and (5) by inserting after paragraph (3), as so redesignated, the following new paragraphs: (4) Covered procurement action \nThe term covered procurement action means an action taken by a head of contracting activity to— (A) exclude a person or commercial entity from award with or without an existing contract, grant, or cooperative agreement; (B) terminate an existing contract, grant, or cooperative agreement for default; or (C) void in whole or in part an existing contract, grant, or cooperative agreement. (5) Covered solicitation \nThe term covered solicitation means any Department of Defense solicitation for work for which the place of performance is outside of the United States..", "id": "id071a75823e0d49019b59730ee8956071", "header": "Definitions", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall take effect not later than 180 days after the enactment of this Act, and shall apply to covered solicitations issued and covered contracts, grants, or cooperative agreements (as that term is defined in section 843 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by subsection (c)) awarded on or after such date, and to task and delivery orders that have been issued on or after such date pursuant to covered contracts, grants, or cooperative agreements that are awarded before, on, or after such date.", "id": "id10B20A19C9DC461AAFDBED499BE8FDD9", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" }, { "text": "10 U.S.C. 4871", "legal-doc": "usc", "parsable-cite": "usc/10/4871" } ] }, { "text": "813. Enhancement of Department of Defense capabilities to prevent contractor fraud \n(a) Withholding of contractual payments \nSubsection (a) of section 4651 of title 10, United States Code, is amended— (1) in paragraph (1), by striking ; and and inserting a semicolon; (2) in paragraph (2)— (A) by striking clause (1) and inserting paragraph (1) ; and (B) by striking at least three, but not more than 10, as determined by the Secretary or his designee, times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned. and inserting of up to 10 percent of the total contract award amount; ; (3) by inserting after paragraph (2) the following new paragraphs: (3) with respect to a contract that could have been terminated under paragraph (1) but for the completion of performance of the contract, the United States is entitled to exemplary damages as set forth in paragraph (2); and (4) the Secretary of Defense or the Secretary of a military department may, after providing notice to the contractor and pending the determination concerning exemplary damages referred to in paragraph (2), withhold from payments otherwise due to the contractor under any contract between the contractor and the United States an amount not to exceed 10 percent of the total contract award amount. ; and (4) in the matter following paragraph (4), as added by paragraph (3) of this subsection, by striking clause (1) and inserting paragraph (1). (b) Burden of proof \nParagraph (1) of section 4651(a) of title 10, United States Code, as amended by subsection (a) of this section, is further amended by inserting and by a preponderance of the evidence after after notice and hearing.", "id": "ID5b3df111cccb425981d5c2a56e3abc7c", "header": "Enhancement of Department of Defense capabilities to prevent contractor fraud", "nested": [ { "text": "(a) Withholding of contractual payments \nSubsection (a) of section 4651 of title 10, United States Code, is amended— (1) in paragraph (1), by striking ; and and inserting a semicolon; (2) in paragraph (2)— (A) by striking clause (1) and inserting paragraph (1) ; and (B) by striking at least three, but not more than 10, as determined by the Secretary or his designee, times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned. and inserting of up to 10 percent of the total contract award amount; ; (3) by inserting after paragraph (2) the following new paragraphs: (3) with respect to a contract that could have been terminated under paragraph (1) but for the completion of performance of the contract, the United States is entitled to exemplary damages as set forth in paragraph (2); and (4) the Secretary of Defense or the Secretary of a military department may, after providing notice to the contractor and pending the determination concerning exemplary damages referred to in paragraph (2), withhold from payments otherwise due to the contractor under any contract between the contractor and the United States an amount not to exceed 10 percent of the total contract award amount. ; and (4) in the matter following paragraph (4), as added by paragraph (3) of this subsection, by striking clause (1) and inserting paragraph (1).", "id": "ida890d27856c14d6aa1875ff3cb4ec7d4", "header": "Withholding of contractual payments", "nested": [], "links": [] }, { "text": "(b) Burden of proof \nParagraph (1) of section 4651(a) of title 10, United States Code, as amended by subsection (a) of this section, is further amended by inserting and by a preponderance of the evidence after after notice and hearing.", "id": "id723fc04bbc2c4d518102174fedeaee65", "header": "Burden of proof", "nested": [], "links": [] } ], "links": [] }, { "text": "814. Modification of approval authority for high dollar other transaction agreements for prototypes \n(a) Amendments relating to authority \nSection 4022(a)(2)(C)(i)(I) of title 10, United States Code, is amended by inserting after subsection (d) the following: were met for the prior transaction for the prototype project that provided for the award of the follow-on production contract or transaction, and the requirements of subsection (f). (b) Amendment relating to appropriate use of authority \nSection 4022(d) of such title is amended by adding at the end the following new paragraph: (3) The requirements of this subsection do not apply to follow-on production contracts or transactions under subsection (f)..", "id": "ID47483a29a1a94444abdcbfa112d76f76", "header": "Modification of approval authority for high dollar other transaction agreements for prototypes", "nested": [ { "text": "(a) Amendments relating to authority \nSection 4022(a)(2)(C)(i)(I) of title 10, United States Code, is amended by inserting after subsection (d) the following: were met for the prior transaction for the prototype project that provided for the award of the follow-on production contract or transaction, and the requirements of subsection (f).", "id": "idcbae073bd9fe47b9a9b74e5374af254f", "header": "Amendments relating to authority", "nested": [], "links": [] }, { "text": "(b) Amendment relating to appropriate use of authority \nSection 4022(d) of such title is amended by adding at the end the following new paragraph: (3) The requirements of this subsection do not apply to follow-on production contracts or transactions under subsection (f)..", "id": "ida3a8d7695e5c431a8d6250a1402d180b", "header": "Amendment relating to appropriate use of authority", "nested": [], "links": [ { "text": "Section 4022(d)", "legal-doc": "usc", "parsable-cite": "usc/26/4022" } ] } ], "links": [ { "text": "Section 4022(d)", "legal-doc": "usc", "parsable-cite": "usc/26/4022" } ] }, { "text": "815. Modifications to Earned Value Management system requirements \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Under Secretary for Acquisition and Sustainment shall update appropriate policies related to Earned Value Management (EVM) as follows: (1) Update subpart 234.2 of the Defense Federal Acquisition Regulation Supplement (DFARS) to exempt all software contracts and subcontracts from EVM requirements. (2) Update sections 234.201, 234.203, 252.234–7001, and 252.242–7002 of the DFARS— (A) to increase contract value thresholds associated with requiring EVM on cost or incentive contracts from $20,000,000 to $50,000,000; and (B) to increase the contract value threshold for the contractor to use an EVM System from $50,000,000 to $100,000,000. (b) Implementation \nIf the Under Secretary of Defense for Acquisition and Sustainment is unable to update the regulations specified in subsection (a) before the deadline specified in such subsection, the Under Secretary of Defense for Acquisition and Sustainment shall providing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing explaining the timeline for implementation.", "id": "ID9c180bc8c6ca4fd99e68f120b132513e", "header": "Modifications to Earned Value Management system requirements", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Under Secretary for Acquisition and Sustainment shall update appropriate policies related to Earned Value Management (EVM) as follows: (1) Update subpart 234.2 of the Defense Federal Acquisition Regulation Supplement (DFARS) to exempt all software contracts and subcontracts from EVM requirements. (2) Update sections 234.201, 234.203, 252.234–7001, and 252.242–7002 of the DFARS— (A) to increase contract value thresholds associated with requiring EVM on cost or incentive contracts from $20,000,000 to $50,000,000; and (B) to increase the contract value threshold for the contractor to use an EVM System from $50,000,000 to $100,000,000.", "id": "ida56aec2f5e8240de87a040b888e56ecb", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Implementation \nIf the Under Secretary of Defense for Acquisition and Sustainment is unable to update the regulations specified in subsection (a) before the deadline specified in such subsection, the Under Secretary of Defense for Acquisition and Sustainment shall providing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing explaining the timeline for implementation.", "id": "idbb06cb7bc7df4a19a5f989b9910886ff", "header": "Implementation", "nested": [], "links": [] } ], "links": [] }, { "text": "816. Inventory of inflation and escalation indices \n(a) Inventory required \n(1) In general \nNot later than September 30, 2024, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Service Acquisition Executives, shall conduct an inventory of inflation and escalation indices currently used for contracting and pricing purposes across the Department and make the inventory available as a resource for all government and industry contracting and pricing professionals. (2) Elements \nThe inventory required under paragraph (1)— (A) shall include indices used for products and indices used for services, including accessibility instructions; (B) may include relevant indices derived from or leveraged by commercial, academic, or nongovernmental sources; and (C) shall separately identify indices for which the Department of Defense purchases access. (b) Assessment \nAs part of the inventory required under subsection (a), the Under Secretary of Defense for Acquisition and Sustainment shall also conduct an assessment of the available inflation and escalation indices in order to determine— (1) gaps in any available indices where identification or development of new indices may be necessary; and (2) in instances where there are multiple indices being used— (A) whether consolidation on a single index or smaller subset of indices is possible or advisable; and (B) whether commercial, academic, or nongovernmental indices have any comparative benefit or advantage over governmental sources. (c) Periodic updates \nThe Under Secretary of Defense for Acquisition and Sustainment shall periodically, and not less than once every 5 years, review and update the inventory required under subsection (a). (d) Guidance \nNot later than March 30, 2025, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Service Acquisition Executives, shall issue guidance providing for the consistent application and maintenance of data included in the inventory required under subsection (a) for use by government contracting and pricing personnel.", "id": "IDeaaa66a3435a48478b35f8018be207a6", "header": "Inventory of inflation and escalation indices", "nested": [ { "text": "(a) Inventory required \n(1) In general \nNot later than September 30, 2024, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Service Acquisition Executives, shall conduct an inventory of inflation and escalation indices currently used for contracting and pricing purposes across the Department and make the inventory available as a resource for all government and industry contracting and pricing professionals. (2) Elements \nThe inventory required under paragraph (1)— (A) shall include indices used for products and indices used for services, including accessibility instructions; (B) may include relevant indices derived from or leveraged by commercial, academic, or nongovernmental sources; and (C) shall separately identify indices for which the Department of Defense purchases access.", "id": "id5dea5cd2f5e442919122af37bfe3438f", "header": "Inventory required", "nested": [], "links": [] }, { "text": "(b) Assessment \nAs part of the inventory required under subsection (a), the Under Secretary of Defense for Acquisition and Sustainment shall also conduct an assessment of the available inflation and escalation indices in order to determine— (1) gaps in any available indices where identification or development of new indices may be necessary; and (2) in instances where there are multiple indices being used— (A) whether consolidation on a single index or smaller subset of indices is possible or advisable; and (B) whether commercial, academic, or nongovernmental indices have any comparative benefit or advantage over governmental sources.", "id": "id7c4d275a684e4721a6b34c879a620906", "header": "Assessment", "nested": [], "links": [] }, { "text": "(c) Periodic updates \nThe Under Secretary of Defense for Acquisition and Sustainment shall periodically, and not less than once every 5 years, review and update the inventory required under subsection (a).", "id": "id00456ab244bd4110ad18ac179ad77982", "header": "Periodic updates", "nested": [], "links": [] }, { "text": "(d) Guidance \nNot later than March 30, 2025, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Service Acquisition Executives, shall issue guidance providing for the consistent application and maintenance of data included in the inventory required under subsection (a) for use by government contracting and pricing personnel.", "id": "id64deb8be6e924310a9d5cd21a0037c4b", "header": "Guidance", "nested": [], "links": [] } ], "links": [] }, { "text": "817. Pilot program to incentivize progress payments \n(a) Pilot program \nThe Under Secretary of Defense for Acquisition and Sustainment shall establish and implement a pilot program to incentivize large business concerns awarded Department of Defense contracts to qualify for progress payments up to 10 percentage points higher than the standard progress payment rate. (b) Incentives \nThe Under Secretary for Acquisition and Sustainment shall establish clear and measurable criteria to provide for the payment to contractors of higher progress payments as described in subsection (a), including meeting one or more of the following criteria: (1) Adherence to delivery dates for contract end items and contract data requirement lists or compliance with the performance milestone schedule during the preceding fiscal year. (2) The lack of any open level III or IV corrective action requests. (3) Acceptability of the contractor's business systems without significant deficiencies. (4) Meeting small business subcontracting goals during the preceding fiscal year. (c) Report \nThe Under Secretary for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the implementation of the pilot program established under subsection (a), including a comprehensive list of contractors and the contracts that received the increased progress payments. (d) Definitions \nIn this section: (1) Standard progress payment rate \nThe term standard progress payment rate refers to the rate of progress payments provided for under section 3804 of title 10, United States Code, and payable in accordance with the applicable provisions of the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. (2) Large business concerns \nThe term large business concerns means a business concern that exceeds the small business size code standards established by the Small Business Administration as set forth in part 121 of title 13, Code of Federal Regulations. (e) Sunset \nThe authority to carry out the pilot program established under subsection (a) shall terminate on January 1, 2026.", "id": "ID5dc90eca99414b97965ce3ff25e0f33d", "header": "Pilot program to incentivize progress payments", "nested": [ { "text": "(a) Pilot program \nThe Under Secretary of Defense for Acquisition and Sustainment shall establish and implement a pilot program to incentivize large business concerns awarded Department of Defense contracts to qualify for progress payments up to 10 percentage points higher than the standard progress payment rate.", "id": "id25350007cffd44099318f14409ee5872", "header": "Pilot program", "nested": [], "links": [] }, { "text": "(b) Incentives \nThe Under Secretary for Acquisition and Sustainment shall establish clear and measurable criteria to provide for the payment to contractors of higher progress payments as described in subsection (a), including meeting one or more of the following criteria: (1) Adherence to delivery dates for contract end items and contract data requirement lists or compliance with the performance milestone schedule during the preceding fiscal year. (2) The lack of any open level III or IV corrective action requests. (3) Acceptability of the contractor's business systems without significant deficiencies. (4) Meeting small business subcontracting goals during the preceding fiscal year.", "id": "id4a45065489bb44b2a359945be0397055", "header": "Incentives", "nested": [], "links": [] }, { "text": "(c) Report \nThe Under Secretary for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the implementation of the pilot program established under subsection (a), including a comprehensive list of contractors and the contracts that received the increased progress payments.", "id": "idb53f16742b714e2ba3fe90d3a808fa92", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Standard progress payment rate \nThe term standard progress payment rate refers to the rate of progress payments provided for under section 3804 of title 10, United States Code, and payable in accordance with the applicable provisions of the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. (2) Large business concerns \nThe term large business concerns means a business concern that exceeds the small business size code standards established by the Small Business Administration as set forth in part 121 of title 13, Code of Federal Regulations.", "id": "ida931dd12d1b949e9943e3d0f2bd745f1", "header": "Definitions", "nested": [], "links": [] }, { "text": "(e) Sunset \nThe authority to carry out the pilot program established under subsection (a) shall terminate on January 1, 2026.", "id": "idae2296a5a10349a0903482e1a8ac0a1e", "header": "Sunset", "nested": [], "links": [] } ], "links": [] }, { "text": "818. Extension of pilot program to accelerate contracting and pricing processes \nSection 890 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), as most recently amended by section 818 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, is further amended in subsection (c) by striking January 2, 2024 and inserting January 2, 2028.", "id": "ID9aff1140463149029a6c4af5ebbcdabd", "header": "Extension of pilot program to accelerate contracting and pricing processes", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "819. Preventing conflicts of interest for Department of Defense consultants \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Defense shall amend the Defense Federal Acquisition Regulation— (1) to require any entity that provides the services described in North American Industry Classification System (NAICS) code 5416, prior to entering into the Department of Defense contract, to certify that— (A) neither the entity nor any of its subsidiaries or affiliates hold a contract with one or more covered foreign entities; or (B) the entity maintains a Conflict of Interest Mitigation Surveillance Plan described under subsection (b) that is auditable by contract oversight entities; and (2) to restrict Department of Defense contracts from being awarded to an entity that provides the services described under the NAICS code 5416, if the entity or any of its subsidiaries or affiliates are determined, based on the self-certification required under paragraph (1) or other information, to be a contractor of, or otherwise providing services to, a covered foreign entity unless such contractor maintains an enforceable Conflict of Interest Mitigation Surveillance Plan. (b) Conflict of Interest Mitigation Surveillance Plan \nContractors that are unable to certify under subsection (a)(1)(A) that neither they nor any of their subsidiaries or affiliates hold a contract with one or more covered foreign entities shall maintain a Conflict of Interest Mitigation Surveillance Plan that is updated annually and shall be provided to applicable contract oversight entities upon request. The plan shall include— (1) identification of the contracts with the covered foreign entity (or entities) including the specific entity, the dollar value of the contract, and the specific personnel working on the contract; (2) mitigation measures being taken to prevent conflicts of interest (corporately as well as for individuals working on the contract) that might arise by also supporting Department of Defense contracts; and (3) notification procedures to the contract oversight entities within 15 days of determining an unmitigated conflict of interest has arisen. (c) Waiver \nThe Secretary of Defense, or designee, shall have the authority to waive conflicts of interest restrictions under subsection (a) on a case-by-case basis as may be necessary to continue contracting for certain national security requirements. The Secretary of Defense may not delegate such authority to an official below the level of a Presidentially appointed, Senate-confirmed official. (d) Waiver notification \nNot later than 30 days after issuing a waiver under subsection (c) of this section, the Secretary of Defense shall provide a written notification to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives regarding the use of such waiver authority. The notification shall include— (1) the specific justification for providing the waiver; (2) the covered foreign entity with which the waiver recipient is working which gives rise to the conflict of interest; (3) the number of bidders on a contract on which the waiver was required; (4) the number of bidders on a contract for which a waiver would not have been required to have been issued; and (5) the total dollar value of the contract. (e) Definitions \nIn this section: (1) Covered foreign entity \nThe term covered foreign entity means any of the following: (A) The Government of the People’s Republic of China, any Chinese state-owned entity, or other entity under the ownership, or control, directly or indirectly, of the Government of the People’s Republic of China or the Chinese Communist Party that is engaged in one or more national security industries. (B) The Government of the Russian Federation, any Russian state-owned entity, or any entity sanctioned by the Secretary of the Treasury under Executive Order 13662 titled Blocking Property of Additional Persons Contributing to the Situation in Ukraine (79 Fed. Reg. 16169). (C) The government or any state-owned entity of any country if the Secretary of State determines that such government has repeatedly provided support for acts of international terrorism pursuant to— (i) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4318(c)(1)(A) ); (ii) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (iii) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or (iv) any other provision of law. (D) Any entity included on any of the following lists maintained by the Department of Commerce: (i) The Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations. (ii) The Denied Persons List as described in section 764.3(a)(2) of the Export Administration Regulations. (iii) The Unverified List set forth in Supplement No. 6 to part 744 of the Export Administration Regulations. (iv) The Military End User List set forth in Supplement No. 7 to part 744 of the Export Administration Regulations. (2) Contract oversight entities \nThe term contract oversight entities means any of the following: (A) The contracting officer. (B) The contracting officer representative. (C) The Defense Contract Management Agency. (D) The Defense Contract Audit Agency. (E) The Office of Inspector General (OIG) of the Department of Defense or any subcomponent of OIG. (F) The Government Accountability Office.", "id": "id8f40e1e9fc154ac0acba1f1deef688ab", "header": "Preventing conflicts of interest for Department of Defense consultants", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Defense shall amend the Defense Federal Acquisition Regulation— (1) to require any entity that provides the services described in North American Industry Classification System (NAICS) code 5416, prior to entering into the Department of Defense contract, to certify that— (A) neither the entity nor any of its subsidiaries or affiliates hold a contract with one or more covered foreign entities; or (B) the entity maintains a Conflict of Interest Mitigation Surveillance Plan described under subsection (b) that is auditable by contract oversight entities; and (2) to restrict Department of Defense contracts from being awarded to an entity that provides the services described under the NAICS code 5416, if the entity or any of its subsidiaries or affiliates are determined, based on the self-certification required under paragraph (1) or other information, to be a contractor of, or otherwise providing services to, a covered foreign entity unless such contractor maintains an enforceable Conflict of Interest Mitigation Surveillance Plan.", "id": "id165dfc6e3e8c495ca77a81c384f7620f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Conflict of Interest Mitigation Surveillance Plan \nContractors that are unable to certify under subsection (a)(1)(A) that neither they nor any of their subsidiaries or affiliates hold a contract with one or more covered foreign entities shall maintain a Conflict of Interest Mitigation Surveillance Plan that is updated annually and shall be provided to applicable contract oversight entities upon request. The plan shall include— (1) identification of the contracts with the covered foreign entity (or entities) including the specific entity, the dollar value of the contract, and the specific personnel working on the contract; (2) mitigation measures being taken to prevent conflicts of interest (corporately as well as for individuals working on the contract) that might arise by also supporting Department of Defense contracts; and (3) notification procedures to the contract oversight entities within 15 days of determining an unmitigated conflict of interest has arisen.", "id": "ide2c668d003a746d5b833240f9cf5a6f8", "header": "Conflict of Interest Mitigation Surveillance Plan", "nested": [], "links": [] }, { "text": "(c) Waiver \nThe Secretary of Defense, or designee, shall have the authority to waive conflicts of interest restrictions under subsection (a) on a case-by-case basis as may be necessary to continue contracting for certain national security requirements. The Secretary of Defense may not delegate such authority to an official below the level of a Presidentially appointed, Senate-confirmed official.", "id": "id86589553c02846ed815775eb487a7873", "header": "Waiver", "nested": [], "links": [] }, { "text": "(d) Waiver notification \nNot later than 30 days after issuing a waiver under subsection (c) of this section, the Secretary of Defense shall provide a written notification to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives regarding the use of such waiver authority. The notification shall include— (1) the specific justification for providing the waiver; (2) the covered foreign entity with which the waiver recipient is working which gives rise to the conflict of interest; (3) the number of bidders on a contract on which the waiver was required; (4) the number of bidders on a contract for which a waiver would not have been required to have been issued; and (5) the total dollar value of the contract.", "id": "id98c01f0597bd44fca96ad56a4c292c04", "header": "Waiver notification", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Covered foreign entity \nThe term covered foreign entity means any of the following: (A) The Government of the People’s Republic of China, any Chinese state-owned entity, or other entity under the ownership, or control, directly or indirectly, of the Government of the People’s Republic of China or the Chinese Communist Party that is engaged in one or more national security industries. (B) The Government of the Russian Federation, any Russian state-owned entity, or any entity sanctioned by the Secretary of the Treasury under Executive Order 13662 titled Blocking Property of Additional Persons Contributing to the Situation in Ukraine (79 Fed. Reg. 16169). (C) The government or any state-owned entity of any country if the Secretary of State determines that such government has repeatedly provided support for acts of international terrorism pursuant to— (i) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4318(c)(1)(A) ); (ii) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (iii) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or (iv) any other provision of law. (D) Any entity included on any of the following lists maintained by the Department of Commerce: (i) The Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations. (ii) The Denied Persons List as described in section 764.3(a)(2) of the Export Administration Regulations. (iii) The Unverified List set forth in Supplement No. 6 to part 744 of the Export Administration Regulations. (iv) The Military End User List set forth in Supplement No. 7 to part 744 of the Export Administration Regulations. (2) Contract oversight entities \nThe term contract oversight entities means any of the following: (A) The contracting officer. (B) The contracting officer representative. (C) The Defense Contract Management Agency. (D) The Defense Contract Audit Agency. (E) The Office of Inspector General (OIG) of the Department of Defense or any subcomponent of OIG. (F) The Government Accountability Office.", "id": "id579c7cf1c680459d9c04d63e18cbcbdd", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 4318(c)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/50/4318" }, { "text": "22 U.S.C. 2371", "legal-doc": "usc", "parsable-cite": "usc/22/2371" }, { "text": "22 U.S.C. 2780", "legal-doc": "usc", "parsable-cite": "usc/22/2780" } ] } ], "links": [ { "text": "50 U.S.C. 4318(c)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/50/4318" }, { "text": "22 U.S.C. 2371", "legal-doc": "usc", "parsable-cite": "usc/22/2371" }, { "text": "22 U.S.C. 2780", "legal-doc": "usc", "parsable-cite": "usc/22/2780" } ] }, { "text": "820. Prohibition on requiring defense contractors to provide information relating to greenhouse gas emissions \n(a) Definitions \nIn this section: (1) Greenhouse Gas \nThe term greenhouse gas means— (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons; (F) perfluorcarbons; or (G) sulfur hexafluoride. (2) Greenhouse gas inventory \nThe term greenhouse gas inventory means a quantified list of an entity’s annual greenhouse gas emissions. (3) Nontraditional defense contractor \nThe term nontraditional defense contractor has the meaning given the term in section 3014 of title 10, United States Code. (b) Prohibition on disclosure requirements \n(1) Nontraditional defense contractors \nThe Secretary of Defense may not require any nontraditional defense contractor recipient of a defense contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions. (2) Other than nontraditional defense contractors \nDuring the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense may not require any other than nontraditional defense contractor recipient of a defense contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions.", "id": "idA40C7BF74BBC40948F1587E39384FCF4", "header": "Prohibition on requiring defense contractors to provide information relating to greenhouse gas emissions", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Greenhouse Gas \nThe term greenhouse gas means— (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons; (F) perfluorcarbons; or (G) sulfur hexafluoride. (2) Greenhouse gas inventory \nThe term greenhouse gas inventory means a quantified list of an entity’s annual greenhouse gas emissions. (3) Nontraditional defense contractor \nThe term nontraditional defense contractor has the meaning given the term in section 3014 of title 10, United States Code.", "id": "idC12F642F336B408EB102D0581E3CB0ED", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Prohibition on disclosure requirements \n(1) Nontraditional defense contractors \nThe Secretary of Defense may not require any nontraditional defense contractor recipient of a defense contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions. (2) Other than nontraditional defense contractors \nDuring the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense may not require any other than nontraditional defense contractor recipient of a defense contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions.", "id": "id1BD1934F4EDC468B878C0271E38AB7A8", "header": "Prohibition on disclosure requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "821. Prohibition on contracts for the provision of online tutoring services by entities owned by the People's Republic of China \n(a) In general \nThe Secretary of Defense may not, on or after the date of the enactment of this Act, enter into or renew a contract for the provision of online tutoring services by an entity owned or controlled by the Government of the People's Republic of China. (b) Waiver \n(1) In general \nThe Secretary may waive the prohibition under subsection (a). (2) Nondelegation \nThe Secretary may not delegate the authority to issue a waiver under paragraph (1).", "id": "ida08d2f9dc7694fb087a076b887203a2d", "header": "Prohibition on contracts for the provision of online tutoring services by entities owned by the People's Republic of China", "nested": [ { "text": "(a) In general \nThe Secretary of Defense may not, on or after the date of the enactment of this Act, enter into or renew a contract for the provision of online tutoring services by an entity owned or controlled by the Government of the People's Republic of China.", "id": "idd9841d4f48f042d7934a6e1d840712cb", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Waiver \n(1) In general \nThe Secretary may waive the prohibition under subsection (a). (2) Nondelegation \nThe Secretary may not delegate the authority to issue a waiver under paragraph (1).", "id": "id3f881d9d2e41439488e99bd3f84c6751", "header": "Waiver", "nested": [], "links": [] } ], "links": [] }, { "text": "822. Modification of truthful cost or pricing data submissions and report \nSection 3705(b)(2)(B) of title 10, United States Code, is amended by striking should-cost analysis. and all that follows through past performance. and inserting should-cost analysis and shall identify such offerors that incur a delay greater than 200 days in submitting such cost or pricing data. The Secretary of Defense shall include a public notation on such offerors..", "id": "id96f1b8c7032e407fae9e320afed0dcdc", "header": "Modification of truthful cost or pricing data submissions and report", "nested": [], "links": [] }, { "text": "823. Repeal of bonafide office rule for 8(a) contracts with the Department of Defense \nSection 8(a)(11) of the Small Business Act ( 15 U.S.C. 637(a)(11) ) is amended— (1) by inserting (A) before To the maximum ; and (2) by adding at the end the following: (B) Subparagraph (A) shall not apply with respect to a contract entered into under this subsection with the Department of Defense..", "id": "id1e09700f17544bc2a69c2a03c3850f24", "header": "Repeal of bonafide office rule for 8(a) contracts with the Department of Defense", "nested": [], "links": [ { "text": "15 U.S.C. 637(a)(11)", "legal-doc": "usc", "parsable-cite": "usc/15/637" } ] }, { "text": "831. Defense industrial base advanced capabilities pilot program \n(a) Establishment \n(1) In general \nThe Under Secretary of Defense for Acquisition and Sustainment shall carry out a pilot program through a public-private partnership to accelerate the scaling, production, and acquisition of advanced defense capabilities determined by the Under Secretary to be critical to the national security by creating incentives for investment in domestic small businesses or nontraditional businesses to create a robust and resilient defense industrial base. (2) Goals \nThe goals of the public-private partnership pilot program are as follows: (A) To bolster the defense industrial base through acquisition and deployment of advanced capabilities necessary to field Department of Defense modernization programs and priorities. (B) To strengthen domestic defense supply chain resilience and capacity by investing in innovative defense companies. (C) To leverage private equity capital to accelerate domestic defense scaling, production, and manufacturing. (b) Public-private partnerships \n(1) In general \nIn carrying out subsection (a), the Under Secretary shall enter into one or more public-private partnerships, consistent with the phased implementation provided for in subsection (e), with for-profit persons using the criteria set forth in paragraph (2). (2) Criteria \nThe Under Secretary shall establish criteria for entering into one or more public-private partnerships and shall submit to the congressional defense committees such criteria, which shall not take effect for the purposes of entering into any agreement until 30 days after submission. (3) Operating agreement \nThe Under Secretary and a person or persons with whom the Under Secretary enters a partnership under paragraph (1) shall enter into an operating agreement that sets forth the roles, responsibilities, authorities, reporting requirements, term, and governance framework for the partnership and its operations. Such operating agreements may not take effect until 30 days after they have been submitted to the congressional defense committees. (c) Investment of equity \n(1) In general \nPursuant to public-private partnerships entered into under subsection (b), a person or persons with whom the Under Secretary has entered into a partnership may invest equity in domestic small businesses or nontraditional businesses consistent with subsection (a), with investments selected based on technical merit, economic value, and the Department’s modernization priorities. The partnership shall require investment in not less than 10 businesses, with no business representing greater than 20 percent of total investment and no capability area exceeding 40 percent of total investment (2) Authorities \nA person or persons described in paragraph (1) shall have sole authority to operate, manage, and invest. (d) Loan guarantee \n(1) In general \nPursuant to the authority established under section __ the Under Secretary shall provide an up to 80 percent loan guarantee, pursuant to the public-private partnerships entered into under subsection (b), with investment of equity that qualifies under subsection (c) and consistent with the goals set forth under subsection (a)(2). (2) Pilot program authority \nThe temporary loan guarantee authority described under paragraph (1) is exclusively for the public-private partnerships authorized under this section and may not be utilized for other programs or purposes. (3) Subject to operating agreement \nThe loan guarantee under paragraph (1) shall be subject to the operating agreement entered into under subsection (b)(3). (4) Use of funds \nObligations incurred by the Under Secretary under this paragraph shall be subject to the availability of funds provided in advance specifically for the purpose of such loan guarantees. (e) Phased implementation schedule and required reports and briefings \nThe program established under subsection (a) shall be carried out in two phases as follows: (1) Phase 1 \n(A) In general \nPhase 1 shall consist of an initial pilot program with one public-private partnership, consistent with subsection (b), to assess the feasibility and advisability of expanding the scope of the program. The Under Secretary shall begin implementation of phase 1 not later than 180 days after the date of the enactment of this Act. (B) Implementation schedule and framework \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the congressional defense committees on the design of phase 1. The plan shall include— (i) an overview of, and the activities undertaken, to execute the public-private partnership; (ii) a description of the advanced capabilities and defense industrial base areas under consideration for investment; (iii) an overview of the operating agreement described in subsection (b)(3); and (iv) implementation milestones and metrics. (C) Report and briefing required \nNot later than 27 months after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a report and briefing on the implementation of this section and the feasibility and advisability of expanding the scope of the pilot program. The report and briefing shall include, at minimum— (i) an overview of program performance, and implementation and execution milestones and outcomes; (ii) an overview of progress in— (I) achieving new products in production aligned with Department of Defense needs; (II) scaling businesses aligned to targeted industrial base and capability areas; (III) generating defense industrial base job growth; (IV) increasing supply chain resilience and capacity; and (V) enhancing competition on advanced capability programs; (iii) an accounting of activities undertaken and outline of the opportunities and benefits of expanding the scope of the pilot program; and (iv) a recommendation by the Secretary regarding the feasibility and desirability of expanding the pilot program. (2) Phase 2 \n(A) In general \nNot later than 30 months after the date of the enactment of this Act, the Secretary may expand the scope of the phase 1 pilot program with the ability to increase to not more than three public-private partnerships, consistent with subsection (b). (B) Report and briefing required \nNot later than five years after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a report and briefing on the outcomes of the pilot program under subsection (a), including the elements described in paragraph (1)(C), and the feasibility and advisability of making the program permanent. (f) Termination \nThe authority to enter into an agreement to carry out the pilot program under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act. (g) Definitions \nIn this section: (1) Domestic business \nThe term domestic business has the meaning given the term U.S. business in section 800.252 of title 31, Code of Federal Regulations, or successor regulation. (2) Domestic small businesses or nontraditional businesses \nThe term domestic small businesses or nontraditional businesses means— (A) a small business that is a domestic business; or (B) a nontraditional business that is a domestic business. (3) Nontraditional business \nThe term nontraditional business has the meaning given the term nontraditional defense contractor in section 3014 of title 10, United States Code. (4) Small business \nThe term small business has the meaning given the term small business concern in section 3 of the Small Business Act ( 15 U.S.C. 632 ).", "id": "idBA95BF12B5C94E53B63CB2F2DCF80507", "header": "Defense industrial base advanced capabilities pilot program", "nested": [ { "text": "(a) Establishment \n(1) In general \nThe Under Secretary of Defense for Acquisition and Sustainment shall carry out a pilot program through a public-private partnership to accelerate the scaling, production, and acquisition of advanced defense capabilities determined by the Under Secretary to be critical to the national security by creating incentives for investment in domestic small businesses or nontraditional businesses to create a robust and resilient defense industrial base. (2) Goals \nThe goals of the public-private partnership pilot program are as follows: (A) To bolster the defense industrial base through acquisition and deployment of advanced capabilities necessary to field Department of Defense modernization programs and priorities. (B) To strengthen domestic defense supply chain resilience and capacity by investing in innovative defense companies. (C) To leverage private equity capital to accelerate domestic defense scaling, production, and manufacturing.", "id": "id2ec98068db4c46de8a4f73b3f74612bb", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Public-private partnerships \n(1) In general \nIn carrying out subsection (a), the Under Secretary shall enter into one or more public-private partnerships, consistent with the phased implementation provided for in subsection (e), with for-profit persons using the criteria set forth in paragraph (2). (2) Criteria \nThe Under Secretary shall establish criteria for entering into one or more public-private partnerships and shall submit to the congressional defense committees such criteria, which shall not take effect for the purposes of entering into any agreement until 30 days after submission. (3) Operating agreement \nThe Under Secretary and a person or persons with whom the Under Secretary enters a partnership under paragraph (1) shall enter into an operating agreement that sets forth the roles, responsibilities, authorities, reporting requirements, term, and governance framework for the partnership and its operations. Such operating agreements may not take effect until 30 days after they have been submitted to the congressional defense committees.", "id": "id2421ee1a8f9442de89d38542f24b2198", "header": "Public-private partnerships", "nested": [], "links": [] }, { "text": "(c) Investment of equity \n(1) In general \nPursuant to public-private partnerships entered into under subsection (b), a person or persons with whom the Under Secretary has entered into a partnership may invest equity in domestic small businesses or nontraditional businesses consistent with subsection (a), with investments selected based on technical merit, economic value, and the Department’s modernization priorities. The partnership shall require investment in not less than 10 businesses, with no business representing greater than 20 percent of total investment and no capability area exceeding 40 percent of total investment (2) Authorities \nA person or persons described in paragraph (1) shall have sole authority to operate, manage, and invest.", "id": "idc0e046a363934e5eae0ff1227d8b97bd", "header": "Investment of equity", "nested": [], "links": [] }, { "text": "(d) Loan guarantee \n(1) In general \nPursuant to the authority established under section __ the Under Secretary shall provide an up to 80 percent loan guarantee, pursuant to the public-private partnerships entered into under subsection (b), with investment of equity that qualifies under subsection (c) and consistent with the goals set forth under subsection (a)(2). (2) Pilot program authority \nThe temporary loan guarantee authority described under paragraph (1) is exclusively for the public-private partnerships authorized under this section and may not be utilized for other programs or purposes. (3) Subject to operating agreement \nThe loan guarantee under paragraph (1) shall be subject to the operating agreement entered into under subsection (b)(3). (4) Use of funds \nObligations incurred by the Under Secretary under this paragraph shall be subject to the availability of funds provided in advance specifically for the purpose of such loan guarantees.", "id": "idbd1a6ee177fc4e8089c58d6a64f5d9e1", "header": "Loan guarantee", "nested": [], "links": [] }, { "text": "(e) Phased implementation schedule and required reports and briefings \nThe program established under subsection (a) shall be carried out in two phases as follows: (1) Phase 1 \n(A) In general \nPhase 1 shall consist of an initial pilot program with one public-private partnership, consistent with subsection (b), to assess the feasibility and advisability of expanding the scope of the program. The Under Secretary shall begin implementation of phase 1 not later than 180 days after the date of the enactment of this Act. (B) Implementation schedule and framework \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the congressional defense committees on the design of phase 1. The plan shall include— (i) an overview of, and the activities undertaken, to execute the public-private partnership; (ii) a description of the advanced capabilities and defense industrial base areas under consideration for investment; (iii) an overview of the operating agreement described in subsection (b)(3); and (iv) implementation milestones and metrics. (C) Report and briefing required \nNot later than 27 months after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a report and briefing on the implementation of this section and the feasibility and advisability of expanding the scope of the pilot program. The report and briefing shall include, at minimum— (i) an overview of program performance, and implementation and execution milestones and outcomes; (ii) an overview of progress in— (I) achieving new products in production aligned with Department of Defense needs; (II) scaling businesses aligned to targeted industrial base and capability areas; (III) generating defense industrial base job growth; (IV) increasing supply chain resilience and capacity; and (V) enhancing competition on advanced capability programs; (iii) an accounting of activities undertaken and outline of the opportunities and benefits of expanding the scope of the pilot program; and (iv) a recommendation by the Secretary regarding the feasibility and desirability of expanding the pilot program. (2) Phase 2 \n(A) In general \nNot later than 30 months after the date of the enactment of this Act, the Secretary may expand the scope of the phase 1 pilot program with the ability to increase to not more than three public-private partnerships, consistent with subsection (b). (B) Report and briefing required \nNot later than five years after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a report and briefing on the outcomes of the pilot program under subsection (a), including the elements described in paragraph (1)(C), and the feasibility and advisability of making the program permanent.", "id": "id9db4868bb11d44678871b2b1922f0a69", "header": "Phased implementation schedule and required reports and briefings", "nested": [], "links": [] }, { "text": "(f) Termination \nThe authority to enter into an agreement to carry out the pilot program under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act.", "id": "idb7bfccd3dfb5416abb9fc59d8fca7d0f", "header": "Termination", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section: (1) Domestic business \nThe term domestic business has the meaning given the term U.S. business in section 800.252 of title 31, Code of Federal Regulations, or successor regulation. (2) Domestic small businesses or nontraditional businesses \nThe term domestic small businesses or nontraditional businesses means— (A) a small business that is a domestic business; or (B) a nontraditional business that is a domestic business. (3) Nontraditional business \nThe term nontraditional business has the meaning given the term nontraditional defense contractor in section 3014 of title 10, United States Code. (4) Small business \nThe term small business has the meaning given the term small business concern in section 3 of the Small Business Act ( 15 U.S.C. 632 ).", "id": "id503b918743a2435cb872b9897f07f0f3", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] } ], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "832. Department of Defense notification of certain transactions \n(a) In general \nThe parties to a covered transaction required to file the notification and provide supplementary information to the Department of Justice or the Federal Trade Commission under section 7A of the Clayton Act ( 15 U.S.C. 18a ) shall concurrently provide such information to the Department of Defense during the waiting period under section 7A of the Clayton Act ( 15 U.S.C. 18a ). (b) Definitions \nIn this section: (1) Covered transaction \nThe term covered transaction means an actual or proposed merger, acquisition, joint venture, strategic alliance, or investment— (A) for which the parties are required to file a notification under section 7A of the Clayton Act ( 15 U.S.C. 18a ); and (B) any party to which is, owns, or controls a major defense supplier. (2) Major defense supplier \nThe term major defense supplier means— (A) a current prime contractor of a major defense acquisition program as defined in chapter 201 of title 10, United States Code; (B) a current prime contractor of a middle tier acquisition as defined pursuant to section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 882); (C) a current prime contractor of a software acquisition program described under section 800 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1478); (D) a current prime contractor of a defense business system as defined in section 2222 of title 10, United States Code; or (E) a current prime contractor of a service contract with the Department of Defense, as defined in part 237 of the Defense Federal Acquisition Regulation Supplement, above the simplified acquisition threshold.", "id": "IDbdad7945a32d465cab0a8371e3e9c658", "header": "Department of Defense notification of certain transactions", "nested": [ { "text": "(a) In general \nThe parties to a covered transaction required to file the notification and provide supplementary information to the Department of Justice or the Federal Trade Commission under section 7A of the Clayton Act ( 15 U.S.C. 18a ) shall concurrently provide such information to the Department of Defense during the waiting period under section 7A of the Clayton Act ( 15 U.S.C. 18a ).", "id": "id69f605a6fb5145d0b7f05a2c2ca13ad4", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 18a", "legal-doc": "usc", "parsable-cite": "usc/15/18a" }, { "text": "15 U.S.C. 18a", "legal-doc": "usc", "parsable-cite": "usc/15/18a" } ] }, { "text": "(b) Definitions \nIn this section: (1) Covered transaction \nThe term covered transaction means an actual or proposed merger, acquisition, joint venture, strategic alliance, or investment— (A) for which the parties are required to file a notification under section 7A of the Clayton Act ( 15 U.S.C. 18a ); and (B) any party to which is, owns, or controls a major defense supplier. (2) Major defense supplier \nThe term major defense supplier means— (A) a current prime contractor of a major defense acquisition program as defined in chapter 201 of title 10, United States Code; (B) a current prime contractor of a middle tier acquisition as defined pursuant to section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 882); (C) a current prime contractor of a software acquisition program described under section 800 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1478); (D) a current prime contractor of a defense business system as defined in section 2222 of title 10, United States Code; or (E) a current prime contractor of a service contract with the Department of Defense, as defined in part 237 of the Defense Federal Acquisition Regulation Supplement, above the simplified acquisition threshold.", "id": "idfd0c7ec051f6487f8ac5fed2b6a520a3", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 18a", "legal-doc": "usc", "parsable-cite": "usc/15/18a" }, { "text": "chapter 201", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/201" }, { "text": "Public Law 114–92", "legal-doc": "public-law", "parsable-cite": "pl/114/92" }, { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" } ] } ], "links": [ { "text": "15 U.S.C. 18a", "legal-doc": "usc", "parsable-cite": "usc/15/18a" }, { "text": "15 U.S.C. 18a", "legal-doc": "usc", "parsable-cite": "usc/15/18a" }, { "text": "15 U.S.C. 18a", "legal-doc": "usc", "parsable-cite": "usc/15/18a" }, { "text": "chapter 201", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/201" }, { "text": "Public Law 114–92", "legal-doc": "public-law", "parsable-cite": "pl/114/92" }, { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" } ] }, { "text": "833. Analyses of certain activities for action to address sourcing and industrial capacity \n(a) Analysis required \n(1) In general \nThe Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and other appropriate officials, shall review the items under subsection (c) to determine and develop appropriate actions, consistent with the policies, programs, and activities required under subpart I of part V of subtitle A of title 10, United States Code, chapter 83 of title 41, United States Code, and the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ), including— (A) restricting procurement, with appropriate waivers for cost, emergency requirements, and non-availability of suppliers, including restricting procurement to— (i) suppliers in the United States; (ii) suppliers in the national technology and industrial base (as defined in section 4801 of title 10, United States Code); (iii) suppliers in other allied nations; or (iv) other suppliers; (B) increasing investment through use of research and development or procurement activities and acquisition authorities to— (i) expand production capacity; (ii) diversify sources of supply; or (iii) promote alternative approaches for addressing military requirements; (C) prohibiting procurement from selected sources or nations; (D) taking a combination of actions described under subparagraphs (A), (B), and (C); or (E) taking no action. (2) Considerations \nThe analyses conducted pursuant to paragraph (1) shall consider national security, economic, and treaty implications, as well as impacts on current and potential suppliers of goods and services. (b) Reporting on analyses, recommendations, and actions \n(1) Briefing required \nNot later than January 15, 2025, the Secretary of Defense shall submit to the congressional defense committees, in writing— (A) a summary of the findings of the analyses undertaken for each item pursuant to subsection (a); (B) relevant recommendations resulting from the analyses; and (C) descriptions of specific activities undertaken as a result of the analyses, including schedule and resources allocated for any planned actions. (2) Reporting \nThe Secretary of Defense shall include the analyses conducted under subsection (a), and any relevant recommendations and descriptions of activities resulting from such analyses, as appropriate, in each of the following during the 2025 calendar year: (A) The annual report or quarterly briefings to Congress required under section 4814 of title 10, United States Code. (B) The annual report on unfunded priorities of the national technology and industrial base required under section 4815 of such title. (C) Department of Defense technology and industrial base policy guidance prescribed under section 4811(c) of such title. (D) Activities to modernize acquisition processes to ensure the integrity of the industrial base pursuant to section 4819 of such title. (E) Defense memoranda of understanding and related agreements considered in accordance with section 4851 of such title. (F) Industrial base or acquisition policy changes. (G) Legislative proposals for changes to relevant statutes which the Department shall consider, develop, and submit to the Committees on Armed Services of the Senate and the House of Representatives not less frequently than once per fiscal year. (H) Other actions as the Secretary of Defense determines appropriate. (c) List of goods and services for analyses, recommendations, and actions \nThe items described in this subsection are the following: (1) Traveling Wave Tubes and Traveling Wave Tube Amplifiers.", "id": "ID1435655c733742b188676327b818c56e", "header": "Analyses of certain activities for action to address sourcing and industrial capacity", "nested": [ { "text": "(a) Analysis required \n(1) In general \nThe Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and other appropriate officials, shall review the items under subsection (c) to determine and develop appropriate actions, consistent with the policies, programs, and activities required under subpart I of part V of subtitle A of title 10, United States Code, chapter 83 of title 41, United States Code, and the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ), including— (A) restricting procurement, with appropriate waivers for cost, emergency requirements, and non-availability of suppliers, including restricting procurement to— (i) suppliers in the United States; (ii) suppliers in the national technology and industrial base (as defined in section 4801 of title 10, United States Code); (iii) suppliers in other allied nations; or (iv) other suppliers; (B) increasing investment through use of research and development or procurement activities and acquisition authorities to— (i) expand production capacity; (ii) diversify sources of supply; or (iii) promote alternative approaches for addressing military requirements; (C) prohibiting procurement from selected sources or nations; (D) taking a combination of actions described under subparagraphs (A), (B), and (C); or (E) taking no action. (2) Considerations \nThe analyses conducted pursuant to paragraph (1) shall consider national security, economic, and treaty implications, as well as impacts on current and potential suppliers of goods and services.", "id": "id0aadf364d87c49b1aa32864f5dbc9706", "header": "Analysis required", "nested": [], "links": [ { "text": "chapter 83", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/41/83" }, { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" } ] }, { "text": "(b) Reporting on analyses, recommendations, and actions \n(1) Briefing required \nNot later than January 15, 2025, the Secretary of Defense shall submit to the congressional defense committees, in writing— (A) a summary of the findings of the analyses undertaken for each item pursuant to subsection (a); (B) relevant recommendations resulting from the analyses; and (C) descriptions of specific activities undertaken as a result of the analyses, including schedule and resources allocated for any planned actions. (2) Reporting \nThe Secretary of Defense shall include the analyses conducted under subsection (a), and any relevant recommendations and descriptions of activities resulting from such analyses, as appropriate, in each of the following during the 2025 calendar year: (A) The annual report or quarterly briefings to Congress required under section 4814 of title 10, United States Code. (B) The annual report on unfunded priorities of the national technology and industrial base required under section 4815 of such title. (C) Department of Defense technology and industrial base policy guidance prescribed under section 4811(c) of such title. (D) Activities to modernize acquisition processes to ensure the integrity of the industrial base pursuant to section 4819 of such title. (E) Defense memoranda of understanding and related agreements considered in accordance with section 4851 of such title. (F) Industrial base or acquisition policy changes. (G) Legislative proposals for changes to relevant statutes which the Department shall consider, develop, and submit to the Committees on Armed Services of the Senate and the House of Representatives not less frequently than once per fiscal year. (H) Other actions as the Secretary of Defense determines appropriate.", "id": "id5c858dcbd72d409abd2008ec45548e7c", "header": "Reporting on analyses, recommendations, and actions", "nested": [], "links": [ { "text": "section 4815", "legal-doc": "usc", "parsable-cite": "usc/26/4815" }, { "text": "section 4811(c)", "legal-doc": "usc", "parsable-cite": "usc/26/4811" }, { "text": "section 4819", "legal-doc": "usc", "parsable-cite": "usc/26/4819" }, { "text": "section 4851", "legal-doc": "usc", "parsable-cite": "usc/26/4851" } ] }, { "text": "(c) List of goods and services for analyses, recommendations, and actions \nThe items described in this subsection are the following: (1) Traveling Wave Tubes and Traveling Wave Tube Amplifiers.", "id": "id54881e6ee2fe4c97b94ed2c5ef3ed05e", "header": "List of goods and services for analyses, recommendations, and actions", "nested": [], "links": [] } ], "links": [ { "text": "chapter 83", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/41/83" }, { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" }, { "text": "section 4815", "legal-doc": "usc", "parsable-cite": "usc/26/4815" }, { "text": "section 4811(c)", "legal-doc": "usc", "parsable-cite": "usc/26/4811" }, { "text": "section 4819", "legal-doc": "usc", "parsable-cite": "usc/26/4819" }, { "text": "section 4851", "legal-doc": "usc", "parsable-cite": "usc/26/4851" } ] }, { "text": "834. Pilot program on capital assistance to support defense investment in the industrial base \n(a) In general \nThe Secretary of Defense may carry out a pilot program under this section to use capital assistance to support the duties and elements of sections 901 and 907. (b) Eligibility and application process \n(1) In general \nAn eligible entity seeking capital assistance for an eligible investment under this section shall submit to the Secretary of Defense an application at such time, in such manner, and containing such information as the Secretary may require. (2) Selection of investments \nThe Secretary shall establish criteria for selecting among eligible investments for which applications are submitted under subsection (c)(2). The criteria shall include— (A) the extent to which an investment supports the national security of the United States; (B) the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and (C) the creditworthiness of an investment. (c) Capital assistance \n(1) Loans and loan guarantees \n(A) In general \nThe Secretary may provide loans or loan guarantees to finance or refinance the costs of an eligible investment selected pursuant to subsection (b)(2). (B) Administration of loans \n(i) Interest rate \n(I) In general \nExcept as provided under subclause (II), the interest rate on a loan provided under subparagraph (A) shall be not less than the yield on marketable United States Treasury securities of a similar maturity to the maturity of the loan on the date of execution of the loan agreement. (II) Exception \nThe Secretary may waive the requirement under subclause (I) with respect to an investment if the investment is determined by the Secretary of Defense to be vital to the national security of the United States. (III) Criteria \nThe Secretary shall establish separate and distinct criteria for interest rates for loan guarantees with private sector lending institutions. (ii) Final maturity date \nThe final maturity date of a loan provided under subparagraph (A) shall be not later than 50 years after the date of substantial completion of the investment for which the loan was provided. (iii) Prepayment \nA loan provided under subparagraph (A) may be paid earlier than is provided for under the loan agreement without a penalty. (iv) Nonsubordination \n(I) In general \nA loan provided under subparagraph (A) shall not be subordinated to the claims of any holder of investment obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (II) Exception \nThe Secretary may waive the requirement under subclause (I) with respect to the investment in order to mitigate risks to loan repayment. (v) Sale of loans \nThe Secretary may sell to another entity or reoffer into the capital markets a loan provided under subparagraph (A) if the Secretary determines that the sale or reoffering can be made on favorable terms. (vi) Loan guarantees \nAny loan guarantee provided under subparagraph (A) shall specify the percentage of the principal amount guaranteed. If the Secretary determines that the holder of a loan guaranteed by the Department of Defense defaults on the loan, the Secretary shall pay the holder as specified in the loan guarantee agreement. (vii) Investment-grade rating \nThe Secretary shall establish a credit rating system to ensure a reasonable reassurance of repayment. The system may include use of existing credit rating agencies where appropriate. (viii) Terms and conditions \nLoans and loan guarantees provided under subparagraph (A) shall be subject to such other terms and conditions and contain such other covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate. (ix) Applicability of Federal Credit Reform Act of 1990 \nLoans and loan guarantees provided under subparagraph (A) shall be subject to the requirements of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ). (2) Equity investments \n(A) In general \nThe Secretary may, as a minority investor, support an eligible investment selected pursuant to subsection (b)(2) with funds or use other mechanisms for the purpose of purchasing, and may make and fund commitments to purchase, invest in, make pledges in respect of, or otherwise acquire, equity or quasi-equity securities (such as warrants), or shares or financial interests of the eligible entity receiving support for the eligible investment, including as a limited partner or other investor in investment funds, upon such terms and conditions as the Secretary may determine. (B) Sales and liquidation of position \nThe Secretary shall seek to sell and liquidate any support for an investment provided under subparagraph (A) as soon as commercially feasible, commensurate with other similar investors in the investment and taking into consideration the national security interests of the United States. (3) Technical assistance \nSubjection to Appropriations acts, the Secretary may provide technical assistance with respect to developing and financing investments to eligible entities seeking capital assistance for eligible investments and eligible entities receiving capital assistance under this section. (4) Terms and conditions \n(A) Amount of capital assistance \nThe Secretary shall provide to an eligible investment selected pursuant to subsection (b)(2) the amount of assistance necessary to carry out the investment. (B) Use of United States dollars \nAll financial transactions conducted under this section shall be conducted in United States dollars. (d) Establishment of accounts \n(1) Credit program account \n(A) Establishment \nThere is established in the Treasury of the United States a Department of Defense Credit Program Account to execute loans and loan guarantees in accordance with section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (B) Funding \nThe Credit Program Account shall consist of amounts appropriated pursuant to the authorization of appropriations and fees collected pursuant to subparagraph (C). (C) Fee authority \nThe Secretary may charge and collect fees for providing capital assistance in amounts to be determined by the Secretary. The Secretary shall establish the amount of such fees in regulations at an amount sufficient to cover but not exceed the administrative costs to the Office of providing capital assistance. (2) Equity account \n(A) Establishment \nThere is established in the Treasury of the United States a Department of Defense Strategic Capital Equity Account. (B) Funding \nThe Strategic Capital Equity Account shall consist of all amounts appropriated pursuant to the authorization of appropriations. (3) Use of funds \nSubject to appropriations Acts, the Secretary is authorized to pay, from the Department of Defense Credit Program Account or the Department of Defense Strategic Capital Equity Account— (A) the cost, as defined in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ), of loans and loan guarantees and other capital assistance; (B) administrative expenses associated with activities under this section; (C) project-specific transaction costs; (D) the cost of providing support authorized by this section; and (E) the costs of equity investments. (e) Regulations \nThe Secretary of Defense shall prescribe such regulations as are necessary to carry out this section. The Secretary may not exercise the authorities available under this section until such time as these regulations have been issued and adopted by the Department. (f) Annual report \nNot later than the first Monday in February of a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report describing activities carried out pursuant to this section in the preceding fiscal year and the goals of the Department of Defense in accordance with this section for the next fiscal year. (g) Notification requirement \nThe Secretary of Defense shall notify the congressional defense committees not later than 30 days after a use of loans, loan guarantees, equity investments, insurance, or reinsurance under this section. (h) Sunset \nThe authorities provided under this section shall expire on October 1, 2028. (i) Definitions \nIn this section: (1) Capital assistance \nThe term capital assistance means loans, loan guarantees, equity investments, insurance and reinsurance, or technical assistance provided under subsection (c). (2) Eligible entity \nThe term eligible entity means— (A) an individual; (B) a corporation, including a limited liability corporation; (C) a partnership, including a public-private, limited, or general partnership; (D) a joint venture, including a strategic alliance; (E) a trust; (F) a State of the United States, including a political subdivision or any other instrumentality of a State; (G) a Tribal government or consortium of Tribal governments; (H) any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; or (I) a multi-State or multi-jurisdictional group of public entities within the United States. (3) Eligible investment \nThe term eligible investment means an investment that facilitates the efforts of the Office— (A) to identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, or repair of tangible and intangible assets vital to national security; or (B) to protect vital tangible and intangible assets from theft, acquisition, and transfer by adversaries of the United States. (4) Obligor \nThe term obligor means a party that is primarily liable for payment of the principal of or interest on a loan.", "id": "id5224BF0190A74E2C9AA049043C50156C", "header": "Pilot program on capital assistance to support defense investment in the industrial base", "nested": [ { "text": "(a) In general \nThe Secretary of Defense may carry out a pilot program under this section to use capital assistance to support the duties and elements of sections 901 and 907.", "id": "idc53cc98a1ba34858bbc19e16fd476ea3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligibility and application process \n(1) In general \nAn eligible entity seeking capital assistance for an eligible investment under this section shall submit to the Secretary of Defense an application at such time, in such manner, and containing such information as the Secretary may require. (2) Selection of investments \nThe Secretary shall establish criteria for selecting among eligible investments for which applications are submitted under subsection (c)(2). The criteria shall include— (A) the extent to which an investment supports the national security of the United States; (B) the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and (C) the creditworthiness of an investment.", "id": "idef39120e8d6c44899958708edbf05f5c", "header": "Eligibility and application process", "nested": [], "links": [] }, { "text": "(c) Capital assistance \n(1) Loans and loan guarantees \n(A) In general \nThe Secretary may provide loans or loan guarantees to finance or refinance the costs of an eligible investment selected pursuant to subsection (b)(2). (B) Administration of loans \n(i) Interest rate \n(I) In general \nExcept as provided under subclause (II), the interest rate on a loan provided under subparagraph (A) shall be not less than the yield on marketable United States Treasury securities of a similar maturity to the maturity of the loan on the date of execution of the loan agreement. (II) Exception \nThe Secretary may waive the requirement under subclause (I) with respect to an investment if the investment is determined by the Secretary of Defense to be vital to the national security of the United States. (III) Criteria \nThe Secretary shall establish separate and distinct criteria for interest rates for loan guarantees with private sector lending institutions. (ii) Final maturity date \nThe final maturity date of a loan provided under subparagraph (A) shall be not later than 50 years after the date of substantial completion of the investment for which the loan was provided. (iii) Prepayment \nA loan provided under subparagraph (A) may be paid earlier than is provided for under the loan agreement without a penalty. (iv) Nonsubordination \n(I) In general \nA loan provided under subparagraph (A) shall not be subordinated to the claims of any holder of investment obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (II) Exception \nThe Secretary may waive the requirement under subclause (I) with respect to the investment in order to mitigate risks to loan repayment. (v) Sale of loans \nThe Secretary may sell to another entity or reoffer into the capital markets a loan provided under subparagraph (A) if the Secretary determines that the sale or reoffering can be made on favorable terms. (vi) Loan guarantees \nAny loan guarantee provided under subparagraph (A) shall specify the percentage of the principal amount guaranteed. If the Secretary determines that the holder of a loan guaranteed by the Department of Defense defaults on the loan, the Secretary shall pay the holder as specified in the loan guarantee agreement. (vii) Investment-grade rating \nThe Secretary shall establish a credit rating system to ensure a reasonable reassurance of repayment. The system may include use of existing credit rating agencies where appropriate. (viii) Terms and conditions \nLoans and loan guarantees provided under subparagraph (A) shall be subject to such other terms and conditions and contain such other covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate. (ix) Applicability of Federal Credit Reform Act of 1990 \nLoans and loan guarantees provided under subparagraph (A) shall be subject to the requirements of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ). (2) Equity investments \n(A) In general \nThe Secretary may, as a minority investor, support an eligible investment selected pursuant to subsection (b)(2) with funds or use other mechanisms for the purpose of purchasing, and may make and fund commitments to purchase, invest in, make pledges in respect of, or otherwise acquire, equity or quasi-equity securities (such as warrants), or shares or financial interests of the eligible entity receiving support for the eligible investment, including as a limited partner or other investor in investment funds, upon such terms and conditions as the Secretary may determine. (B) Sales and liquidation of position \nThe Secretary shall seek to sell and liquidate any support for an investment provided under subparagraph (A) as soon as commercially feasible, commensurate with other similar investors in the investment and taking into consideration the national security interests of the United States. (3) Technical assistance \nSubjection to Appropriations acts, the Secretary may provide technical assistance with respect to developing and financing investments to eligible entities seeking capital assistance for eligible investments and eligible entities receiving capital assistance under this section. (4) Terms and conditions \n(A) Amount of capital assistance \nThe Secretary shall provide to an eligible investment selected pursuant to subsection (b)(2) the amount of assistance necessary to carry out the investment. (B) Use of United States dollars \nAll financial transactions conducted under this section shall be conducted in United States dollars.", "id": "id08d785141cf2410dbc39b6e89b159f71", "header": "Capital assistance", "nested": [], "links": [ { "text": "2 U.S.C. 661 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/661" } ] }, { "text": "(d) Establishment of accounts \n(1) Credit program account \n(A) Establishment \nThere is established in the Treasury of the United States a Department of Defense Credit Program Account to execute loans and loan guarantees in accordance with section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (B) Funding \nThe Credit Program Account shall consist of amounts appropriated pursuant to the authorization of appropriations and fees collected pursuant to subparagraph (C). (C) Fee authority \nThe Secretary may charge and collect fees for providing capital assistance in amounts to be determined by the Secretary. The Secretary shall establish the amount of such fees in regulations at an amount sufficient to cover but not exceed the administrative costs to the Office of providing capital assistance. (2) Equity account \n(A) Establishment \nThere is established in the Treasury of the United States a Department of Defense Strategic Capital Equity Account. (B) Funding \nThe Strategic Capital Equity Account shall consist of all amounts appropriated pursuant to the authorization of appropriations. (3) Use of funds \nSubject to appropriations Acts, the Secretary is authorized to pay, from the Department of Defense Credit Program Account or the Department of Defense Strategic Capital Equity Account— (A) the cost, as defined in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ), of loans and loan guarantees and other capital assistance; (B) administrative expenses associated with activities under this section; (C) project-specific transaction costs; (D) the cost of providing support authorized by this section; and (E) the costs of equity investments.", "id": "idb8ae8b75c436490c8729f88a539c7b7d", "header": "Establishment of accounts", "nested": [], "links": [ { "text": "2 U.S.C. 661a", "legal-doc": "usc", "parsable-cite": "usc/2/661a" }, { "text": "2 U.S.C. 661a", "legal-doc": "usc", "parsable-cite": "usc/2/661a" } ] }, { "text": "(e) Regulations \nThe Secretary of Defense shall prescribe such regulations as are necessary to carry out this section. The Secretary may not exercise the authorities available under this section until such time as these regulations have been issued and adopted by the Department.", "id": "id73fda883a92f442eb19e4e38cb6ab765", "header": "Regulations", "nested": [], "links": [] }, { "text": "(f) Annual report \nNot later than the first Monday in February of a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report describing activities carried out pursuant to this section in the preceding fiscal year and the goals of the Department of Defense in accordance with this section for the next fiscal year.", "id": "iddaef874026c04344bb3493bbe6abcac1", "header": "Annual report", "nested": [], "links": [] }, { "text": "(g) Notification requirement \nThe Secretary of Defense shall notify the congressional defense committees not later than 30 days after a use of loans, loan guarantees, equity investments, insurance, or reinsurance under this section.", "id": "idb80452819acd44f3a8e494bd89608a35", "header": "Notification requirement", "nested": [], "links": [] }, { "text": "(h) Sunset \nThe authorities provided under this section shall expire on October 1, 2028.", "id": "id5b8d29cb57bc439fa22be49848525193", "header": "Sunset", "nested": [], "links": [] }, { "text": "(i) Definitions \nIn this section: (1) Capital assistance \nThe term capital assistance means loans, loan guarantees, equity investments, insurance and reinsurance, or technical assistance provided under subsection (c). (2) Eligible entity \nThe term eligible entity means— (A) an individual; (B) a corporation, including a limited liability corporation; (C) a partnership, including a public-private, limited, or general partnership; (D) a joint venture, including a strategic alliance; (E) a trust; (F) a State of the United States, including a political subdivision or any other instrumentality of a State; (G) a Tribal government or consortium of Tribal governments; (H) any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; or (I) a multi-State or multi-jurisdictional group of public entities within the United States. (3) Eligible investment \nThe term eligible investment means an investment that facilitates the efforts of the Office— (A) to identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, or repair of tangible and intangible assets vital to national security; or (B) to protect vital tangible and intangible assets from theft, acquisition, and transfer by adversaries of the United States. (4) Obligor \nThe term obligor means a party that is primarily liable for payment of the principal of or interest on a loan.", "id": "id04b534f1b47845dab96223efd394bea6", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "2 U.S.C. 661 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/661" }, { "text": "2 U.S.C. 661a", "legal-doc": "usc", "parsable-cite": "usc/2/661a" }, { "text": "2 U.S.C. 661a", "legal-doc": "usc", "parsable-cite": "usc/2/661a" } ] }, { "text": "835. Requirement to buy certain satellite components from national technology and industrial base \n(a) In general \nSection 4864(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (6) Traveling-wave tube and traveling wave tube amplifiers \nA traveling-wave tube and traveling wave tube amplifier, that meets established technical and reliability requirements, used in a satellite weighing more than 400 pounds whose principle purpose is to support the national security, defense, or intelligence needs of the United States Government.. (b) Exception \nParagraph (6) of section 4864(a) of title 10, United States Code, as added by subsection (a), shall not apply with respect to programs that received Milestone A approval (as defined in section 2431a of such title) before October 1, 2022. (c) Clarification of delegation authority \nSubject to subsection (i) of section 4864 of title 10, United States Code, the Secretary of Defense may delegate to a service acquisition executive the authority to make a waiver under subsection (d) of such section with respect to the limitation under subsection (a)(6) of such section, as added by subsection (a) of this section.", "id": "id0481644dfbe0451e98b298630ee63245", "header": "Requirement to buy certain satellite components from national technology and industrial base", "nested": [ { "text": "(a) In general \nSection 4864(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (6) Traveling-wave tube and traveling wave tube amplifiers \nA traveling-wave tube and traveling wave tube amplifier, that meets established technical and reliability requirements, used in a satellite weighing more than 400 pounds whose principle purpose is to support the national security, defense, or intelligence needs of the United States Government..", "id": "id9d16dcf7b5864d158bfb5609c7824627", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exception \nParagraph (6) of section 4864(a) of title 10, United States Code, as added by subsection (a), shall not apply with respect to programs that received Milestone A approval (as defined in section 2431a of such title) before October 1, 2022.", "id": "idd88f88f0b66443d28f527c19a86c34c5", "header": "Exception", "nested": [], "links": [ { "text": "section 2431a", "legal-doc": "usc", "parsable-cite": "usc/26/2431a" } ] }, { "text": "(c) Clarification of delegation authority \nSubject to subsection (i) of section 4864 of title 10, United States Code, the Secretary of Defense may delegate to a service acquisition executive the authority to make a waiver under subsection (d) of such section with respect to the limitation under subsection (a)(6) of such section, as added by subsection (a) of this section.", "id": "id008c3b5889c646b580086af1f2f906c3", "header": "Clarification of delegation authority", "nested": [], "links": [] } ], "links": [ { "text": "section 2431a", "legal-doc": "usc", "parsable-cite": "usc/26/2431a" } ] }, { "text": "836. Sense of Congress relating to rubber supply \nIt is the sense of Congress that— (1) the Department of Defense should take all appropriate action to lessen the dependence of the Armed Forces on adversarial nations for the procurement of strategic and critical materials, and that one such material in short supply according to the most recent report from Defense Logistics Agency Strategic Material is natural rubber, undermining our national security and jeopardizing the military’s ability to rely on a stable source of natural rubber for tire manufacturing and production of other goods; and (2) the Secretary of Defense should take all appropriate action, pursuant with the authority provided by the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98a et seq. ) to engage in activities that may include stockpiling, but shall also include research and development aspects for increasing the domestic supply of natural rubber.", "id": "H794C4F7604824630972F378F88060DA3", "header": "Sense of Congress relating to rubber supply", "nested": [], "links": [ { "text": "50 U.S.C. 98a et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/98a" } ] }, { "text": "841. Amendments to Defense Research and Development Rapid Innovation Program \nSection 4061 of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting to enable and assist small businesses after merit-based program ; (ii) by striking fielding of technologies and inserting commercialization of various technologies, including critical technologies ; and (iii) by inserting capabilities developed through competitively awarded prototype agreements after defense laboratories, ; and (B) in paragraph (2), by inserting support full-scale integration, after evaluation outcomes, ; (2) in subsection (b)— (A) in paragraph (1), by inserting primarily major defense acquisition programs, but also other after candidate proposals in support of ; and (B) in paragraph (2), by striking by each military department and inserting by each component small business office of each military department ; and (3) in subsection (d)(2), by striking $3,000,000 and inserting $6,000,000.", "id": "idDC41B34DCDF4470E98340453FB28ABF4", "header": "Amendments to Defense Research and Development Rapid Innovation Program", "nested": [], "links": [] }, { "text": "842. Department of Defense Mentor-Protégé Program \nSection 4902(e) of title 10, United States Code, is amended— (1) in paragraph (1), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) by striking Before providing assistance and inserting (1) Before providing assistance ; and (4) by adding at the end the following new paragraph: (2) An agreement under this subsection may be a contract, cooperative agreement, or a partnership intermediary agreement..", "id": "idEA08C7C92A4A4D928195E653897FEE41", "header": "Department of Defense Mentor-Protégé Program", "nested": [], "links": [] }, { "text": "843. Consideration of the past performance of affiliate companies of small businesses \nNot later than July 1, 2024, the Secretary of Defense shall amend section 215.305 of the Defense Federal Acquisition Supplement (or any successor regulation) to require that when small business concerns bid on Department of Defense contracts, the past performance evaluation and source selection processes shall consider, if relevant, the past performance information of affiliate companies of the small business concerns.", "id": "idCBDFD7BDBB2A475C8711633E26B7B49F", "header": "Consideration of the past performance of affiliate companies of small businesses", "nested": [], "links": [] }, { "text": "844. Timely payments for Department of Defense small business subcontractors \n(a) Reduction in time for contractor explanation and past performance consideration of unjustified withholding of payments to Department of Defense small business subcontractors \nSection 8(d)(13)(B)(i) of the Small Business Act ( 15 U.S.C. 637(d)(13)(B)(i) ) is amended by inserting , or, for a covered contract awarded by the Department of Defense, more than 30 days past due, after 90 days past due. (b) Clarification that contracting officers of the Department of Defense are authorized to enter or modify past performance information related to unjustified non-payment or reduced payment before or after contract close-out \nSection 8(d)(13)(C) of the Small Business Act ( 15 U.S.C. 637(d)(13)(C) ) is amended— (1) by striking A contracting officer and inserting the following: (i) In general \nA contracting officer ; and (2) by adding at the end the following: (ii) Past performance information for DOD contracts \nThe contracting officer for a covered contract awarded by the Department of Defense may enter or modify past performance information of the prime contractor in connection with the unjustified failure to make a full or timely payment to a subcontractor before or after close-out of the covered contract.. (c) Duty of cooperation to correct and mitigate unjustified failure by Department of Defense prime contractors to make full or timely payments to subcontractors \nSection 8(d)(13) of the Small Business Act ( 15 U.S.C. 637(d)(13) ) is amended— (1) by redesignating subparagraph (E) as subparagraph (F); (2) by inserting after subparagraph (D) the following: (E) Cooperation on DOD contracts \n(i) In general \nIf a contracting officer of the Department of Defense determines, with respect to a prime contractor’s past performance, that there was an unjustified failure by the prime contractor on a covered contract awarded by the Department of Defense to make a full or timely payment to a subcontractor covered by subparagraph (B) or (C), such prime contractor is required to cooperate with the contracting officer, who shall consult with the Director of Small Business Programs or Director of Small and Disadvantaged Business Utilization acting pursuant to section 15(k)(6) and other representatives of the Department of Defense, with regards to correcting and mitigating such unjustified failure to make a full or timely payment to the subcontractor. (ii) Period \nThe duty of cooperation under this subparagraph continues until the subcontractor is made whole or the contracting officer’s determination is no longer effective, and regardless of performance or close-out status of the covered contract. ; and (3) in subparagraph (D), by striking subparagraph (E) and inserting subparagraph (F). (d) Applicability \nThe amendments made by this section shall apply to any covered contract (as defined in section 8(d)(13)(A) of the Small Business Act ( 15 U.S.C. 637(d)(13)(A) ) that is entered into or modified by the Department of Defense on or after the date of enactment of this Act.", "id": "ID0dea7e28c68e42418bcdbbe96f94470f", "header": "Timely payments for Department of Defense small business subcontractors", "nested": [ { "text": "(a) Reduction in time for contractor explanation and past performance consideration of unjustified withholding of payments to Department of Defense small business subcontractors \nSection 8(d)(13)(B)(i) of the Small Business Act ( 15 U.S.C. 637(d)(13)(B)(i) ) is amended by inserting , or, for a covered contract awarded by the Department of Defense, more than 30 days past due, after 90 days past due.", "id": "id1ae094792d8d4742ac8064a6afcb8493", "header": "Reduction in time for contractor explanation and past performance consideration of unjustified withholding of payments to Department of Defense small business subcontractors", "nested": [], "links": [ { "text": "15 U.S.C. 637(d)(13)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/15/637" } ] }, { "text": "(b) Clarification that contracting officers of the Department of Defense are authorized to enter or modify past performance information related to unjustified non-payment or reduced payment before or after contract close-out \nSection 8(d)(13)(C) of the Small Business Act ( 15 U.S.C. 637(d)(13)(C) ) is amended— (1) by striking A contracting officer and inserting the following: (i) In general \nA contracting officer ; and (2) by adding at the end the following: (ii) Past performance information for DOD contracts \nThe contracting officer for a covered contract awarded by the Department of Defense may enter or modify past performance information of the prime contractor in connection with the unjustified failure to make a full or timely payment to a subcontractor before or after close-out of the covered contract..", "id": "id31ad4622dcab480bb75ddfd1ad637ebd", "header": "Clarification that contracting officers of the Department of Defense are authorized to enter or modify past performance information related to unjustified non-payment or reduced payment before or after contract close-out", "nested": [], "links": [ { "text": "15 U.S.C. 637(d)(13)(C)", "legal-doc": "usc", "parsable-cite": "usc/15/637" } ] }, { "text": "(c) Duty of cooperation to correct and mitigate unjustified failure by Department of Defense prime contractors to make full or timely payments to subcontractors \nSection 8(d)(13) of the Small Business Act ( 15 U.S.C. 637(d)(13) ) is amended— (1) by redesignating subparagraph (E) as subparagraph (F); (2) by inserting after subparagraph (D) the following: (E) Cooperation on DOD contracts \n(i) In general \nIf a contracting officer of the Department of Defense determines, with respect to a prime contractor’s past performance, that there was an unjustified failure by the prime contractor on a covered contract awarded by the Department of Defense to make a full or timely payment to a subcontractor covered by subparagraph (B) or (C), such prime contractor is required to cooperate with the contracting officer, who shall consult with the Director of Small Business Programs or Director of Small and Disadvantaged Business Utilization acting pursuant to section 15(k)(6) and other representatives of the Department of Defense, with regards to correcting and mitigating such unjustified failure to make a full or timely payment to the subcontractor. (ii) Period \nThe duty of cooperation under this subparagraph continues until the subcontractor is made whole or the contracting officer’s determination is no longer effective, and regardless of performance or close-out status of the covered contract. ; and (3) in subparagraph (D), by striking subparagraph (E) and inserting subparagraph (F).", "id": "id8e740d978da140859be38c1d92ae236b", "header": "Duty of cooperation to correct and mitigate unjustified failure by Department of Defense prime contractors to make full or timely payments to subcontractors", "nested": [], "links": [ { "text": "15 U.S.C. 637(d)(13)", "legal-doc": "usc", "parsable-cite": "usc/15/637" } ] }, { "text": "(d) Applicability \nThe amendments made by this section shall apply to any covered contract (as defined in section 8(d)(13)(A) of the Small Business Act ( 15 U.S.C. 637(d)(13)(A) ) that is entered into or modified by the Department of Defense on or after the date of enactment of this Act.", "id": "iddecc3857a4244958b1e01d633003a635", "header": "Applicability", "nested": [], "links": [ { "text": "15 U.S.C. 637(d)(13)(A)", "legal-doc": "usc", "parsable-cite": "usc/15/637" } ] } ], "links": [ { "text": "15 U.S.C. 637(d)(13)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "15 U.S.C. 637(d)(13)(C)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "15 U.S.C. 637(d)(13)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "15 U.S.C. 637(d)(13)(A)", "legal-doc": "usc", "parsable-cite": "usc/15/637" } ] }, { "text": "845. Extension of Pilot Program for streamlined technology transition from the SBIR and STTR Programs of the Department of Defense \nSection 1710(e) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ) is amended by striking September 30, 2023 and inserting September 30, 2028.", "id": "ID977bdc232f964c439c1fc93c49882474", "header": "Extension of Pilot Program for streamlined technology transition from the SBIR and STTR Programs of the Department of Defense", "nested": [], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" } ] }, { "text": "846. Annual reports regarding the SBIR program of the Department of Defense \nSection 279(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3507) is amended by striking each fiscal years 2021, 2022, and 2023 and replacing with each fiscal year through fiscal year 2028.", "id": "ID757ada3e6a644d379b357089cc3b1314", "header": "Annual reports regarding the SBIR program of the Department of Defense", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "847. Modifications to the Procurement Technical Assistance Program \n(a) Definitions \nSection 4951 of title 10, United States Code, is amended— (1) in paragraph (1)(C), by striking private, nonprofit organization and inserting nonprofit organization ; and (2) by adding at the end the following new paragraph: (5) The term business entity means a corporation, association, partnership, limited liability company, limited liability partnership, consortia, not-for-profit, or other legal entity.. (b) Cooperative agreements \nSection 4954 of title 10, United States Code, is amended— (1) in subsection (b)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); (B) by inserting (1) before Under ; and (C) by adding at the end the following new paragraph: (2) The Secretary shall have the ability to waive or modify the percentages specified in paragraph (1), on a case-by-case basis, if the Secretary determines that it would be in the best interest of the program. ; (2) by striking subsection (c) and redesignating subsections (d), (e), and (f) as subsections (e), (f), and (h); and (3) by inserting after subsection (f), as redesignated by paragraph (2), the following new subsection: (g) Waiver of Government cost share restriction \nIf the Secretary of Defense determines it to be in the best interests of the Federal Government, the Secretary may waive the restrictions on the percentage of eligible costs covered by the program under section (b). The Secretary shall submit to the congressional defense committees a written justification for such determination.. (c) Authority to provide certain types of technical assistance \nSection 4958(c) of title 10, United States Code, is amended— (1) in paragraph (1), by striking ; and and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraphs: (3) under clause 252.204–7012 of the Defense Acquisition Regulation Supplement, or any successor regulation, and on compliance with those requirements (and any successor requirements); and (4) under section 847 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1505), and on compliance with those requirements (and any such successor requirements)..", "id": "IDe0f93131d9a242149739df5c554bbf63", "header": "Modifications to the Procurement Technical Assistance Program", "nested": [ { "text": "(a) Definitions \nSection 4951 of title 10, United States Code, is amended— (1) in paragraph (1)(C), by striking private, nonprofit organization and inserting nonprofit organization ; and (2) by adding at the end the following new paragraph: (5) The term business entity means a corporation, association, partnership, limited liability company, limited liability partnership, consortia, not-for-profit, or other legal entity..", "id": "idc0cdf2bac9e74323bcb49057cae049ca", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Cooperative agreements \nSection 4954 of title 10, United States Code, is amended— (1) in subsection (b)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); (B) by inserting (1) before Under ; and (C) by adding at the end the following new paragraph: (2) The Secretary shall have the ability to waive or modify the percentages specified in paragraph (1), on a case-by-case basis, if the Secretary determines that it would be in the best interest of the program. ; (2) by striking subsection (c) and redesignating subsections (d), (e), and (f) as subsections (e), (f), and (h); and (3) by inserting after subsection (f), as redesignated by paragraph (2), the following new subsection: (g) Waiver of Government cost share restriction \nIf the Secretary of Defense determines it to be in the best interests of the Federal Government, the Secretary may waive the restrictions on the percentage of eligible costs covered by the program under section (b). The Secretary shall submit to the congressional defense committees a written justification for such determination..", "id": "id8f237f80977347ee8ca817ce5c9c0d21", "header": "Cooperative agreements", "nested": [], "links": [] }, { "text": "(c) Authority to provide certain types of technical assistance \nSection 4958(c) of title 10, United States Code, is amended— (1) in paragraph (1), by striking ; and and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraphs: (3) under clause 252.204–7012 of the Defense Acquisition Regulation Supplement, or any successor regulation, and on compliance with those requirements (and any successor requirements); and (4) under section 847 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1505), and on compliance with those requirements (and any such successor requirements)..", "id": "id593ffb33a4664b2b9258c0a7eb569367", "header": "Authority to provide certain types of technical assistance", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" } ] } ], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" } ] }, { "text": "848. Extension of pilot program to incentivize contracting with employee-owned businesses \nSection 874 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 3204 note) is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting and prescribe regulations after establish a pilot program ; and (B) in paragraph (3), by striking A qualified and inserting Each contract held by a qualified ; (2) in subsection (c)(2), by striking expended on subcontracts, subject to such necessary and reasonable waivers and inserting the following: “expended on subcontracts, except— (A) to the extent subcontracted amounts exceeding 50 percent are subcontracted to other qualified businesses wholly-owned through an Employee Stock Ownership Plan; (B) in the case of contracts for products, to the extent subcontracted amounts exceeding 50 percent are for materials not available from another qualified business wholly-owned through an Employee Stock Ownership Plan; or (C) pursuant to such necessary and reasonable waivers ; and (3) in subsection (e), by striking five years after and inserting eight years after.", "id": "ID0ae08c390fba4a8dbf1f522d4332b687", "header": "Extension of pilot program to incentivize contracting with employee-owned businesses", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 3204", "legal-doc": "usc", "parsable-cite": "usc/10/3204" } ] }, { "text": "849. Eliminating self-certification for service-disabled veteran-owned small businesses \n(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Small Business Administration. (2) Small business concern; small business concerns owned and controlled by service-disabled veterans \nThe terms small business concern and small business concerns owned and controlled by service-disabled veterans have the meanings given those terms in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (b) Eliminating Self-Certification in Prime Contracting and Subcontracting for SDVOSBs \n(1) In general \nEach prime contract award and subcontract award that is counted for the purpose of meeting the goals for participation by small business concerns owned and controlled by service-disabled veterans in procurement contracts for Federal agencies, as established in section 15(g)(2) of the Small Business Act ( 15 U.S.C. 644(g)(2) ), shall be entered into with small business concerns certified by the Administrator as small business concerns owned and controlled by service-disabled veterans under section 36 of such Act ( 15 U.S.C. 657f ). (2) Effective date \nParagraph (1) shall take effect on October 1 of the fiscal year beginning after the Administrator promulgates the regulations required under subsection (d). (c) Phased Approach to Eliminating Self-Certification for SDVOSBs \nNotwithstanding any other provision of law, any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans may— (1) if the small business concern files a certification application with the Administrator before the end of the 1-year period beginning on the date of enactment of this Act, maintain such self-certification until the Administrator makes a determination with respect to such certification; and (2) if the small business concern does not file a certification application before the end of the 1-year period beginning on the date of enactment of this Act, lose, at the end of such 1-year period, any self-certification of the small business concern as a small business concern owned and controlled by service-disabled veterans. (d) Rulemaking \nNot later than 180 days after the date of enactment of this Act, the Administrator shall promulgate regulations to carry out this section.", "id": "id45aff737a4f646b2a8e8d47188be65cc", "header": "Eliminating self-certification for service-disabled veteran-owned small businesses", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Small Business Administration. (2) Small business concern; small business concerns owned and controlled by service-disabled veterans \nThe terms small business concern and small business concerns owned and controlled by service-disabled veterans have the meanings given those terms in section 3 of the Small Business Act ( 15 U.S.C. 632 ).", "id": "id0ca4af47279a4575a886b67d8106efaa", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "(b) Eliminating Self-Certification in Prime Contracting and Subcontracting for SDVOSBs \n(1) In general \nEach prime contract award and subcontract award that is counted for the purpose of meeting the goals for participation by small business concerns owned and controlled by service-disabled veterans in procurement contracts for Federal agencies, as established in section 15(g)(2) of the Small Business Act ( 15 U.S.C. 644(g)(2) ), shall be entered into with small business concerns certified by the Administrator as small business concerns owned and controlled by service-disabled veterans under section 36 of such Act ( 15 U.S.C. 657f ). (2) Effective date \nParagraph (1) shall take effect on October 1 of the fiscal year beginning after the Administrator promulgates the regulations required under subsection (d).", "id": "id4a6d76eba6b946708d90d1c289bf611e", "header": "Eliminating Self-Certification in Prime Contracting and Subcontracting for SDVOSBs", "nested": [], "links": [ { "text": "15 U.S.C. 644(g)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/644" }, { "text": "15 U.S.C. 657f", "legal-doc": "usc", "parsable-cite": "usc/15/657f" } ] }, { "text": "(c) Phased Approach to Eliminating Self-Certification for SDVOSBs \nNotwithstanding any other provision of law, any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans may— (1) if the small business concern files a certification application with the Administrator before the end of the 1-year period beginning on the date of enactment of this Act, maintain such self-certification until the Administrator makes a determination with respect to such certification; and (2) if the small business concern does not file a certification application before the end of the 1-year period beginning on the date of enactment of this Act, lose, at the end of such 1-year period, any self-certification of the small business concern as a small business concern owned and controlled by service-disabled veterans.", "id": "id6cec935b38c541db857dbeaa05932967", "header": "Phased Approach to Eliminating Self-Certification for SDVOSBs", "nested": [], "links": [] }, { "text": "(d) Rulemaking \nNot later than 180 days after the date of enactment of this Act, the Administrator shall promulgate regulations to carry out this section.", "id": "id8392729e095246f48252071666acc0c0", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" }, { "text": "15 U.S.C. 644(g)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/644" }, { "text": "15 U.S.C. 657f", "legal-doc": "usc", "parsable-cite": "usc/15/657f" } ] }, { "text": "850. Payment of subcontractors \nSection 8(d)(13) of the Small Business Act ( 15 U.S.C. 637(d)(13) ) is amended— (1) in subparagraph (B)(i), by striking 90 days and inserting 30 days ; (2) in subparagraph (C)— (A) by striking contractor shall and inserting contractor— (i) shall ; (B) in clause (i), as so designated, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (i) may enter or modify past performance information of the prime contractor in connection with the unjustified failure to make a full or timely payment to a subcontractor subject to this paragraph before or after close-out of the covered contract.. (3) in subparagraph (D), by striking subparagraph (E) and inserting subparagraph (F) ; (4) by redesignating subparagraph (E) as subparagraph (F); and (5) by inserting after subparagraph (D) the following”: (E) Cooperation \n(i) In general \nOnce a contracting officer determines, with respect to the past performance of a prime contractor, that there was an unjustified failure by the prime contractor on a covered contract to make a full or timely payment to a subcontractor covered by subparagraph (B) or (C), the prime contractor is required to cooperate with the contracting officer, who shall consult with the Director of Small Business Programs or the Director of Small and Disadvantaged Business Utilization acting pursuant to section 15(k)(6) and other representatives of the Government, regarding correcting and mitigating the unjustified failure to make a full or timely payment to a subcontractor. (ii) Duration \nThe duty of cooperation under this subparagraph for a prime contractor described in clause (i) continues until the subcontractor is made whole or the determination of the contracting officer determination is no longer effective, and regardless of performance or close-out status of the covered contract..", "id": "id1557f9989547480e8f0982a2fa946ee8", "header": "Payment of subcontractors", "nested": [], "links": [ { "text": "15 U.S.C. 637(d)(13)", "legal-doc": "usc", "parsable-cite": "usc/15/637" } ] }, { "text": "851. Increase in Governmentwide goal for participation in Federal contracts by small business concerns owned and controlled by service-disabled veterans \nSection 15(g)(1)(A)(ii) of the Small Business Act ( 15 U.S.C. 644(g)(1)(A)(ii) ) is amended by striking 3 percent and inserting 5 percent.", "id": "HF4462C0FD4534544942ADC38C2AF673C", "header": "Increase in Governmentwide goal for participation in Federal contracts by small business concerns owned and controlled by service-disabled veterans", "nested": [], "links": [ { "text": "15 U.S.C. 644(g)(1)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/15/644" } ] }, { "text": "852. Amendments to contracting authority for certain small business concerns \n(a) Socially and economically disadvantaged small business concerns \nSection 8(a)(1)(D)(i)(II) of the Small Business Act ( 15 U.S.C. 637(a)(1)(D)(i)(II) ) is amended— (1) by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $7,000,000 ; and (2) by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $3,000,000. (b) Certain small business concerns owned and controlled by women \nSection 8(m) of the Small Business Act (15 U.S.C.637(m)) is amended— (1) in paragraph (7)(B)— (A) in clause (i), by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $7,000,000 ; and (B) in clause (ii), by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $4,000,000 ; and (2) in paragraph (8)(B)— (A) in clause (i), by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $7,000,000 ; and (B) in clause (ii), by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $4,000,000. (c) Qualified hubzone small business concerns \nSection 31(c)(2)(A)(ii) of the Small Business Act ( 15 U.S.C. 657a(c)(2)(A)(ii) ) is amended— (1) in subclause (I), by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $7,000,000 ; and (2) in subclause (II), by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $3,000,000. (d) Small business concerns owned and controlled by service-disabled veterans \nSection 36(c)(2) of the Small Business Act ( 15 U.S.C. 657f(c)(2) ) is amended— (1) in subparagraph (A), by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $7,000,000 ; and (2) in subparagraph (B), by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $3,000,000. (e) Certain veteran-owned concerns \nSection 8127(c) of title 38, United States Code, is amended by striking $5,000,000 and inserting “the dollar thresholds under section 36(c)(2) of the Small Business Act ( 15 U.S.C. 657f(c)(2) )”.", "id": "idCC16F6E32C4A4030803930FF122B1145", "header": "Amendments to contracting authority for certain small business concerns", "nested": [ { "text": "(a) Socially and economically disadvantaged small business concerns \nSection 8(a)(1)(D)(i)(II) of the Small Business Act ( 15 U.S.C. 637(a)(1)(D)(i)(II) ) is amended— (1) by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $7,000,000 ; and (2) by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $3,000,000.", "id": "idDC5C5BE06F5946DBADDE44FC80B379EE", "header": "Socially and economically disadvantaged small business concerns", "nested": [], "links": [ { "text": "15 U.S.C. 637(a)(1)(D)(i)(II)", "legal-doc": "usc", "parsable-cite": "usc/15/637" } ] }, { "text": "(b) Certain small business concerns owned and controlled by women \nSection 8(m) of the Small Business Act (15 U.S.C.637(m)) is amended— (1) in paragraph (7)(B)— (A) in clause (i), by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $7,000,000 ; and (B) in clause (ii), by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $4,000,000 ; and (2) in paragraph (8)(B)— (A) in clause (i), by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $7,000,000 ; and (B) in clause (ii), by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $4,000,000.", "id": "id31A17F15613A48F0A09D6316F51BFA2F", "header": "Certain small business concerns owned and controlled by women", "nested": [], "links": [] }, { "text": "(c) Qualified hubzone small business concerns \nSection 31(c)(2)(A)(ii) of the Small Business Act ( 15 U.S.C. 657a(c)(2)(A)(ii) ) is amended— (1) in subclause (I), by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $7,000,000 ; and (2) in subclause (II), by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $3,000,000.", "id": "id03387b5ca756424bb41c682c0e00a650", "header": "Qualified hubzone small business concerns", "nested": [], "links": [ { "text": "15 U.S.C. 657a(c)(2)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/15/657a" } ] }, { "text": "(d) Small business concerns owned and controlled by service-disabled veterans \nSection 36(c)(2) of the Small Business Act ( 15 U.S.C. 657f(c)(2) ) is amended— (1) in subparagraph (A), by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $7,000,000 ; and (2) in subparagraph (B), by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) after $3,000,000.", "id": "ida7119510a4ba4c0e9a94862f1a509247", "header": "Small business concerns owned and controlled by service-disabled veterans", "nested": [], "links": [ { "text": "15 U.S.C. 657f(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/657f" } ] }, { "text": "(e) Certain veteran-owned concerns \nSection 8127(c) of title 38, United States Code, is amended by striking $5,000,000 and inserting “the dollar thresholds under section 36(c)(2) of the Small Business Act ( 15 U.S.C. 657f(c)(2) )”.", "id": "id2d28965efdb4409d8a745390b8229f21", "header": "Certain veteran-owned concerns", "nested": [], "links": [ { "text": "15 U.S.C. 657f(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/657f" } ] } ], "links": [ { "text": "15 U.S.C. 637(a)(1)(D)(i)(II)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "15 U.S.C. 657a(c)(2)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/15/657a" }, { "text": "15 U.S.C. 657f(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/657f" }, { "text": "15 U.S.C. 657f(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/657f" } ] }, { "text": "861. Limitation on the availability of funds pending a plan for implementing the replacement for the Selected Acquisition Reporting system \nOf the funds authorized to be appropriated by this Act for Operation and Maintenance, Defense-Wide, for travel for the Office of the Under Secretary of Defense for Acquisition and Sustainment, not more than 85 percent may be obligated or expended until the Secretary of Defense submits to the congressional defense committees a plan for implementing the replacement for the Selected Acquisition Reporting system as required by section 809 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), including— (1) a timeline and process for implementing the requirements of such section 809; (2) a timeline and process for implementing quarterly reporting versus annually for the replacement system, including identification of policy, procedural, or technical challenges to implementing that reporting periodicity; (3) a timeline and process for providing access to the replacement reporting system to congressional staff; and (4) a timeline and process for providing access to the replacement reporting system to the Government Accountability Office, the public, and other relevant stakeholders.", "id": "id7B4D4E2903864ED39BF6499F4670EF2D", "header": "Limitation on the availability of funds pending a plan for implementing the replacement for the Selected Acquisition Reporting system", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "862. Extension of pilot program for distribution support and services for weapons systems contractors \nSection 883 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 4292 note prec.) is amended— (1) in subsection (a), by striking seven-year pilot program and inserting eight-year pilot program ; and (2) in subsection (g), by striking seven years and inserting eight years.", "id": "ID7e68d38f28a64353bff92e8d664925b0", "header": "Extension of pilot program for distribution support and services for weapons systems contractors", "nested": [], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "10 U.S.C. 4292", "legal-doc": "usc", "parsable-cite": "usc/10/4292" } ] }, { "text": "863. Modification of effective date for expansion on the prohibition on acquiring certain metal products \nSection 844(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3766) is amended by striking 5 years and inserting 6 years.", "id": "IDfd106ff76d584aaa8afeb8ffadfaa500", "header": "Modification of effective date for expansion on the prohibition on acquiring certain metal products", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "864. Foreign sources of specialty metals \nSection 4863(d) of title 10, United States Code, is amended— (1) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) by inserting (1) before Subsection (a)(1) ; and (4) by adding at the end the following new paragraph: (2) Any specialty metal procured as mill product or incorporated into a component other than an end item pursuant to this subsection shall be melted or produced— (A) in the United States; (B) in the country from which the mill product or component is procured; or (C) in another country covered under paragraph (1)(A)(ii)..", "id": "ID8f1d759441444ac0b85b37f380623dad", "header": "Foreign sources of specialty metals", "nested": [], "links": [] }, { "text": "865. University Affiliated Research Center for critical minerals \n(a) Plan to establish a university affiliated research center for critical minerals \n(1) In general \nThe Secretary of Defense, in consultation with the Under Secretary of Defense for Research and Engineering, shall develop a plan to establish a new University Affiliated Research Center (UARC), or to expand a current relevant UARC or consortia of universities, for the purposes of contributing to the capacity of the Department to conduct research, development, engineering or workforce expansion related to critical minerals for national security needs. The plan should focus on institutional capacity at a mining school or schools with expertise in engineering, applied research, commercial and workforce development activities related to critical minerals. (2) Elements \nThe plan required by paragraph (1) shall include the following: (A) An assessment of the engineering, applied research, commercialization, and workforce development capabilities relating to critical minerals of mining schools, including an assessment of the workforce and physical research infrastructure of such schools. (B) An assessment of the ability of mining schools— (i) to participate in defense-related engineering, applied research, commercialization, and workforce development activities relating to critical minerals; (ii) to effectively compete for defense-related engineering, applied research, commercialization, and workforce development contracts and grants; and (iii) to support the mission of the Under Secretary to extend the capabilities of current war fighting systems, develop breakthrough capabilities, hedge against an uncertain future through a set of scientific and engineering options, and counter strategic surprise. (C) An assessment of the activities and investments necessary— (i) to augment facilities or educational programming at mining schools or a consortium of mining schools— (I) to support the mission of the Under Secretary; (II) to access, secure, and conduct research relating to sensitive or classified information; and (III) to respond quickly to emerging engineering, applied research, commercialization, and workforce needs relating to critical minerals. (ii) to increase the participation of mining schools in defense-related engineering, applied research, commercialization, and workforce development activities; and (iii) to increase the ability of mining schools to effectively compete for defense-related engineering, applied research, commercialization, and workforce development contracts and grants. (D) Recommendations identifying actions that may be taken by the Secretary, the Under Secretary, Congress, mining schools, and other organizations to increase the participation of mining schools in defense-related engineering, applied research, commercialization, and workforce development activities, contracts, and grants. (E) The specific goals, incentives, and metrics developed by the Secretary under subparagraph (D) to increase and measure the capacity of mining schools to address the engineering, applied research, commercialization, and workforce development needs of the Department of Defense. (3) Consultations \nIn developing the plan required by paragraph (1), the Secretary and the Under Secretary shall consult with such other public and private sector organizations as the Secretary and the Under Secretary determine appropriate. (4) Report required \nNot later than one year after the date of the enactment of this Act, the Secretary shall— (A) submit to the congressional defense committees a report that includes the plan developed under paragraph (1); and (B) make the plan available on a publicly accessible website of the Department of Defense. (b) Activities to support the engineering, applied research, commercialization, and workforce development capacity of mining schools \n(1) In general \nSubject to the availability of appropriations, the Under Secretary may establish a program to award contracts, grants, or other agreements on a competitive basis, and to perform other appropriate activities, for the purposes described in paragraph (2). (2) Purposes \nThe purposes described in this paragraph are the following: (A) Developing the capability, including workforce and research infrastructure, for mining schools to more effectively compete for Federal engineering, applied research, commercialization, and workforce development funding opportunities. (B) Improving the capability of mining schools to recruit and retain research faculty, and to participate in appropriate personnel exchange programs and educational and career development activities. (C) Any other purposes the Under Secretary determines appropriate for enhancing the defense-related engineering, applied research, commercialization, and development capabilities of mining schools. (c) Increasing partnerships for mining schools with national security research and engineering organizations \n(1) In general \nChapter 305 of title 10, United States Code, is amended by adding at the end the following new section: 4145. Research and educational programs and activities: critical minerals \n(a) Program established \n(1) In general \nThe Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and the Secretary of each military department, shall carry out a program to provide assistance to covered educational institutions to assist the Department of Defense in defense-related critical minerals engineering, applied research, commercialization, and workforce development activities. (2) Limitation on delegation \nThe Secretary of Defense may not delegate or transfer to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of the program established by this section that is carried out by the Under Secretary of Defense for Research and Engineering. (b) Program objective \nThe objective of the program established by subsection (a)(1) is to enhance defense-related critical minerals research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to— (1) enhance the critical minerals research and educational capabilities of such institutions in areas of importance to national defense, as determined by the Secretary; (2) encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense relating to critical minerals; (3) increase the number of graduates from such institutions engaged in critical minerals-related disciplines important to the national security functions of the Department of Defense, as determined by the Secretary; and (4) encourage research and educational collaborations between such institutions and other institutions of higher education, Government defense organizations, and the defense industry relating to critical minerals. (c) Assistance provided \nUnder the program established under subsection (a)(1), the Secretary of Defense may provide covered educational institutions with funding or technical assistance, including any of the following: (1) Support for research, development, testing, evaluation, or educational enhancements in areas important to national defense through the competitive awarding of grants, cooperative agreements, contracts, scholarships, fellowships, or the acquisition of research equipment or instrumentation. (2) Support to assist in the attraction and retention of faculty in scientific disciplines important to the national security functions of the Department of Defense. (3) Establishing partnerships between such institutions and defense laboratories, Government defense organizations, the defense industry, and other institutions of higher education in research, development, testing, and evaluation in areas important to the national security functions of the Department of Defense. (4) Other such non-monetary assistance as the Secretary finds appropriate to enhance defense-related research, development, testing, and evaluation activities at such institutions. (d) Incentives \n(1) In general \nThe Secretary of Defense may develop incentives to encourage critical minerals-related research and educational collaborations between covered educational institutions and other institutions of higher education. (2) Goals \nThe Secretary of Defense shall establish goals and incentives to encourage Federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense— (A) to assess the capacity of covered educational institutions to address the critical minerals research and development needs of the Department through partnerships and collaborations; and (B) if appropriate, to enter into partnerships and collaborations with such institutions. (e) Criteria for funding \nThe Secretary of Defense may establish procedures under which the Secretary may limit funding under this section to institutions that have not otherwise received a significant amount of funding from the Department of Defense for research, development, testing, and evaluation programs supporting the national security functions of the Department. (f) Definition of covered educational institution \n(1) In general \nIn this section, the term covered educational institution means— (A) a mining, metallurgical, geological, or mineral engineering program— (i) accredited by the Accreditation Board for Engineering and Technology, Inc.; and (ii) located at an institution of higher education; or (B) an institution of higher learning or community college with a geology or engineering program or department that has experience in mining research or work with the mining industry. (2) Institution of higher education \nFor purposes of paragraph (1), the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).. (2) Clerical amendment \nThe table of sections at the beginning of chapter 305 of such title is amended by adding at the end the following new item: 4145. Research and educational programs and activities: critical minerals.. (d) Mining school defined \n(1) In general \nIn this section, the term mining school means— (A) a mining, metallurgical, geological, or mineral engineering program— (i) accredited by the Accreditation Board for Engineering and Technology, Inc.; and (ii) located at an institution of higher education; or (B) an institution of higher learning or community college with a geology or engineering program or department that has experience in mining research or work with the mining industry. (2) Institution of higher education \nFor purposes of paragraph (1), the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "id8603b848b35a40048e65ab8a317786d4", "header": "University Affiliated Research Center for critical minerals", "nested": [ { "text": "(a) Plan to establish a university affiliated research center for critical minerals \n(1) In general \nThe Secretary of Defense, in consultation with the Under Secretary of Defense for Research and Engineering, shall develop a plan to establish a new University Affiliated Research Center (UARC), or to expand a current relevant UARC or consortia of universities, for the purposes of contributing to the capacity of the Department to conduct research, development, engineering or workforce expansion related to critical minerals for national security needs. The plan should focus on institutional capacity at a mining school or schools with expertise in engineering, applied research, commercial and workforce development activities related to critical minerals. (2) Elements \nThe plan required by paragraph (1) shall include the following: (A) An assessment of the engineering, applied research, commercialization, and workforce development capabilities relating to critical minerals of mining schools, including an assessment of the workforce and physical research infrastructure of such schools. (B) An assessment of the ability of mining schools— (i) to participate in defense-related engineering, applied research, commercialization, and workforce development activities relating to critical minerals; (ii) to effectively compete for defense-related engineering, applied research, commercialization, and workforce development contracts and grants; and (iii) to support the mission of the Under Secretary to extend the capabilities of current war fighting systems, develop breakthrough capabilities, hedge against an uncertain future through a set of scientific and engineering options, and counter strategic surprise. (C) An assessment of the activities and investments necessary— (i) to augment facilities or educational programming at mining schools or a consortium of mining schools— (I) to support the mission of the Under Secretary; (II) to access, secure, and conduct research relating to sensitive or classified information; and (III) to respond quickly to emerging engineering, applied research, commercialization, and workforce needs relating to critical minerals. (ii) to increase the participation of mining schools in defense-related engineering, applied research, commercialization, and workforce development activities; and (iii) to increase the ability of mining schools to effectively compete for defense-related engineering, applied research, commercialization, and workforce development contracts and grants. (D) Recommendations identifying actions that may be taken by the Secretary, the Under Secretary, Congress, mining schools, and other organizations to increase the participation of mining schools in defense-related engineering, applied research, commercialization, and workforce development activities, contracts, and grants. (E) The specific goals, incentives, and metrics developed by the Secretary under subparagraph (D) to increase and measure the capacity of mining schools to address the engineering, applied research, commercialization, and workforce development needs of the Department of Defense. (3) Consultations \nIn developing the plan required by paragraph (1), the Secretary and the Under Secretary shall consult with such other public and private sector organizations as the Secretary and the Under Secretary determine appropriate. (4) Report required \nNot later than one year after the date of the enactment of this Act, the Secretary shall— (A) submit to the congressional defense committees a report that includes the plan developed under paragraph (1); and (B) make the plan available on a publicly accessible website of the Department of Defense.", "id": "ideca27f9ac903432eb0313c9a83b39393", "header": "Plan to establish a university affiliated research center for critical minerals", "nested": [], "links": [] }, { "text": "(b) Activities to support the engineering, applied research, commercialization, and workforce development capacity of mining schools \n(1) In general \nSubject to the availability of appropriations, the Under Secretary may establish a program to award contracts, grants, or other agreements on a competitive basis, and to perform other appropriate activities, for the purposes described in paragraph (2). (2) Purposes \nThe purposes described in this paragraph are the following: (A) Developing the capability, including workforce and research infrastructure, for mining schools to more effectively compete for Federal engineering, applied research, commercialization, and workforce development funding opportunities. (B) Improving the capability of mining schools to recruit and retain research faculty, and to participate in appropriate personnel exchange programs and educational and career development activities. (C) Any other purposes the Under Secretary determines appropriate for enhancing the defense-related engineering, applied research, commercialization, and development capabilities of mining schools.", "id": "id4700ed2a9f3b4651b4937c752bd0428e", "header": "Activities to support the engineering, applied research, commercialization, and workforce development capacity of mining schools", "nested": [], "links": [] }, { "text": "(c) Increasing partnerships for mining schools with national security research and engineering organizations \n(1) In general \nChapter 305 of title 10, United States Code, is amended by adding at the end the following new section: 4145. Research and educational programs and activities: critical minerals \n(a) Program established \n(1) In general \nThe Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and the Secretary of each military department, shall carry out a program to provide assistance to covered educational institutions to assist the Department of Defense in defense-related critical minerals engineering, applied research, commercialization, and workforce development activities. (2) Limitation on delegation \nThe Secretary of Defense may not delegate or transfer to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of the program established by this section that is carried out by the Under Secretary of Defense for Research and Engineering. (b) Program objective \nThe objective of the program established by subsection (a)(1) is to enhance defense-related critical minerals research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to— (1) enhance the critical minerals research and educational capabilities of such institutions in areas of importance to national defense, as determined by the Secretary; (2) encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense relating to critical minerals; (3) increase the number of graduates from such institutions engaged in critical minerals-related disciplines important to the national security functions of the Department of Defense, as determined by the Secretary; and (4) encourage research and educational collaborations between such institutions and other institutions of higher education, Government defense organizations, and the defense industry relating to critical minerals. (c) Assistance provided \nUnder the program established under subsection (a)(1), the Secretary of Defense may provide covered educational institutions with funding or technical assistance, including any of the following: (1) Support for research, development, testing, evaluation, or educational enhancements in areas important to national defense through the competitive awarding of grants, cooperative agreements, contracts, scholarships, fellowships, or the acquisition of research equipment or instrumentation. (2) Support to assist in the attraction and retention of faculty in scientific disciplines important to the national security functions of the Department of Defense. (3) Establishing partnerships between such institutions and defense laboratories, Government defense organizations, the defense industry, and other institutions of higher education in research, development, testing, and evaluation in areas important to the national security functions of the Department of Defense. (4) Other such non-monetary assistance as the Secretary finds appropriate to enhance defense-related research, development, testing, and evaluation activities at such institutions. (d) Incentives \n(1) In general \nThe Secretary of Defense may develop incentives to encourage critical minerals-related research and educational collaborations between covered educational institutions and other institutions of higher education. (2) Goals \nThe Secretary of Defense shall establish goals and incentives to encourage Federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense— (A) to assess the capacity of covered educational institutions to address the critical minerals research and development needs of the Department through partnerships and collaborations; and (B) if appropriate, to enter into partnerships and collaborations with such institutions. (e) Criteria for funding \nThe Secretary of Defense may establish procedures under which the Secretary may limit funding under this section to institutions that have not otherwise received a significant amount of funding from the Department of Defense for research, development, testing, and evaluation programs supporting the national security functions of the Department. (f) Definition of covered educational institution \n(1) In general \nIn this section, the term covered educational institution means— (A) a mining, metallurgical, geological, or mineral engineering program— (i) accredited by the Accreditation Board for Engineering and Technology, Inc.; and (ii) located at an institution of higher education; or (B) an institution of higher learning or community college with a geology or engineering program or department that has experience in mining research or work with the mining industry. (2) Institution of higher education \nFor purposes of paragraph (1), the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).. (2) Clerical amendment \nThe table of sections at the beginning of chapter 305 of such title is amended by adding at the end the following new item: 4145. Research and educational programs and activities: critical minerals..", "id": "id7e1ded6238ab42f6a63220e580c35cda", "header": "Increasing partnerships for mining schools with national security research and engineering organizations", "nested": [], "links": [ { "text": "Chapter 305", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/305" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "chapter 305", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/305" } ] }, { "text": "(d) Mining school defined \n(1) In general \nIn this section, the term mining school means— (A) a mining, metallurgical, geological, or mineral engineering program— (i) accredited by the Accreditation Board for Engineering and Technology, Inc.; and (ii) located at an institution of higher education; or (B) an institution of higher learning or community college with a geology or engineering program or department that has experience in mining research or work with the mining industry. (2) Institution of higher education \nFor purposes of paragraph (1), the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "id6f18da5e94514edd914ee94313ac007b", "header": "Mining school defined", "nested": [], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] } ], "links": [ { "text": "Chapter 305", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/305" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "chapter 305", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/305" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "4145. Research and educational programs and activities: critical minerals \n(a) Program established \n(1) In general \nThe Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and the Secretary of each military department, shall carry out a program to provide assistance to covered educational institutions to assist the Department of Defense in defense-related critical minerals engineering, applied research, commercialization, and workforce development activities. (2) Limitation on delegation \nThe Secretary of Defense may not delegate or transfer to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of the program established by this section that is carried out by the Under Secretary of Defense for Research and Engineering. (b) Program objective \nThe objective of the program established by subsection (a)(1) is to enhance defense-related critical minerals research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to— (1) enhance the critical minerals research and educational capabilities of such institutions in areas of importance to national defense, as determined by the Secretary; (2) encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense relating to critical minerals; (3) increase the number of graduates from such institutions engaged in critical minerals-related disciplines important to the national security functions of the Department of Defense, as determined by the Secretary; and (4) encourage research and educational collaborations between such institutions and other institutions of higher education, Government defense organizations, and the defense industry relating to critical minerals. (c) Assistance provided \nUnder the program established under subsection (a)(1), the Secretary of Defense may provide covered educational institutions with funding or technical assistance, including any of the following: (1) Support for research, development, testing, evaluation, or educational enhancements in areas important to national defense through the competitive awarding of grants, cooperative agreements, contracts, scholarships, fellowships, or the acquisition of research equipment or instrumentation. (2) Support to assist in the attraction and retention of faculty in scientific disciplines important to the national security functions of the Department of Defense. (3) Establishing partnerships between such institutions and defense laboratories, Government defense organizations, the defense industry, and other institutions of higher education in research, development, testing, and evaluation in areas important to the national security functions of the Department of Defense. (4) Other such non-monetary assistance as the Secretary finds appropriate to enhance defense-related research, development, testing, and evaluation activities at such institutions. (d) Incentives \n(1) In general \nThe Secretary of Defense may develop incentives to encourage critical minerals-related research and educational collaborations between covered educational institutions and other institutions of higher education. (2) Goals \nThe Secretary of Defense shall establish goals and incentives to encourage Federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense— (A) to assess the capacity of covered educational institutions to address the critical minerals research and development needs of the Department through partnerships and collaborations; and (B) if appropriate, to enter into partnerships and collaborations with such institutions. (e) Criteria for funding \nThe Secretary of Defense may establish procedures under which the Secretary may limit funding under this section to institutions that have not otherwise received a significant amount of funding from the Department of Defense for research, development, testing, and evaluation programs supporting the national security functions of the Department. (f) Definition of covered educational institution \n(1) In general \nIn this section, the term covered educational institution means— (A) a mining, metallurgical, geological, or mineral engineering program— (i) accredited by the Accreditation Board for Engineering and Technology, Inc.; and (ii) located at an institution of higher education; or (B) an institution of higher learning or community college with a geology or engineering program or department that has experience in mining research or work with the mining industry. (2) Institution of higher education \nFor purposes of paragraph (1), the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "idb9efbf9f52434b5fb7f0fe6759932f54", "header": "Research and educational programs and activities: critical minerals", "nested": [ { "text": "(a) Program established \n(1) In general \nThe Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and the Secretary of each military department, shall carry out a program to provide assistance to covered educational institutions to assist the Department of Defense in defense-related critical minerals engineering, applied research, commercialization, and workforce development activities. (2) Limitation on delegation \nThe Secretary of Defense may not delegate or transfer to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of the program established by this section that is carried out by the Under Secretary of Defense for Research and Engineering.", "id": "id339d26a1f403481db9be826e0a53285b", "header": "Program established", "nested": [], "links": [] }, { "text": "(b) Program objective \nThe objective of the program established by subsection (a)(1) is to enhance defense-related critical minerals research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to— (1) enhance the critical minerals research and educational capabilities of such institutions in areas of importance to national defense, as determined by the Secretary; (2) encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense relating to critical minerals; (3) increase the number of graduates from such institutions engaged in critical minerals-related disciplines important to the national security functions of the Department of Defense, as determined by the Secretary; and (4) encourage research and educational collaborations between such institutions and other institutions of higher education, Government defense organizations, and the defense industry relating to critical minerals.", "id": "id4975ea694d2a4bc69930983b4982a9dc", "header": "Program objective", "nested": [], "links": [] }, { "text": "(c) Assistance provided \nUnder the program established under subsection (a)(1), the Secretary of Defense may provide covered educational institutions with funding or technical assistance, including any of the following: (1) Support for research, development, testing, evaluation, or educational enhancements in areas important to national defense through the competitive awarding of grants, cooperative agreements, contracts, scholarships, fellowships, or the acquisition of research equipment or instrumentation. (2) Support to assist in the attraction and retention of faculty in scientific disciplines important to the national security functions of the Department of Defense. (3) Establishing partnerships between such institutions and defense laboratories, Government defense organizations, the defense industry, and other institutions of higher education in research, development, testing, and evaluation in areas important to the national security functions of the Department of Defense. (4) Other such non-monetary assistance as the Secretary finds appropriate to enhance defense-related research, development, testing, and evaluation activities at such institutions.", "id": "iddf240afd7b734432aaf4afba59614946", "header": "Assistance provided", "nested": [], "links": [] }, { "text": "(d) Incentives \n(1) In general \nThe Secretary of Defense may develop incentives to encourage critical minerals-related research and educational collaborations between covered educational institutions and other institutions of higher education. (2) Goals \nThe Secretary of Defense shall establish goals and incentives to encourage Federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense— (A) to assess the capacity of covered educational institutions to address the critical minerals research and development needs of the Department through partnerships and collaborations; and (B) if appropriate, to enter into partnerships and collaborations with such institutions.", "id": "id35bf861a85ec42cd9aa1c3d6cdf99c61", "header": "Incentives", "nested": [], "links": [] }, { "text": "(e) Criteria for funding \nThe Secretary of Defense may establish procedures under which the Secretary may limit funding under this section to institutions that have not otherwise received a significant amount of funding from the Department of Defense for research, development, testing, and evaluation programs supporting the national security functions of the Department.", "id": "idd8e65e3ac5a44d4c9d92f1e5084710a8", "header": "Criteria for funding", "nested": [], "links": [] }, { "text": "(f) Definition of covered educational institution \n(1) In general \nIn this section, the term covered educational institution means— (A) a mining, metallurgical, geological, or mineral engineering program— (i) accredited by the Accreditation Board for Engineering and Technology, Inc.; and (ii) located at an institution of higher education; or (B) an institution of higher learning or community college with a geology or engineering program or department that has experience in mining research or work with the mining industry. (2) Institution of higher education \nFor purposes of paragraph (1), the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).", "id": "idd0a7dc296dd44d4b9e6869f1710526ef", "header": "Definition of covered educational institution", "nested": [], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] } ], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "866. Enhanced domestic content requirement for navy shipbuilding programs \n(a) Enhanced domestic content requirement \n(1) Contracting requirements \nExcept as provided in paragraph (2), for purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured as part of a Navy shipbuilding program are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of such component articles, materials, or supplies— (A) supplied during the period beginning January 1, 2026, and ending December 31, 2027, exceeds 65 percent of the cost of the manufactured articles, materials, or supplies; (B) supplied during the period beginning January 1, 2028, and ending December 31, 2032, exceeds 75 percent of the cost of the manufactured articles, materials, or supplies; and (C) supplied on or after January 1, 2033, equals 100 percent of the cost of the manufactured articles, materials, or supplies. (2) Applicability to research, development, test, and evaluation activities \nContracts related to shipbuilding programs entered into under paragraph (1) to carry out research, development, test, and evaluation activities shall require that these activities and the components specified during these activities must meet the domestic content requirements delineated under paragraph (1). (3) Exclusion for certain manufactured articles \nParagraph (1) shall not apply to manufactured articles that consist wholly or predominantly of iron, steel, or a combination of iron and steel. (4) Waiver \nThe Secretary of Defense may request a waiver from the requirements under paragraph (1) in order to expand sourcing to members of the national technical industrial base (as that term is defined in section 4801 of title 10, United States Code). Any such waiver shall be subject to the approval of the Director of the Made in America Office and may only be requested if it is determined that any of the following apply: (A) Application of the limitation would increase the cost of the overall acquisition by more than 25 percent or cause unreasonable delays to be incurred. (B) Satisfactory quality items manufactured by a domestic entity are not available or domestic production of such items cannot be initiated without significantly delaying the project for which the item is to be acquired. (C) It is inconsistent with the public interest. (5) Rulemaking \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in concurrence with the Director of the Made in America Office, shall issue rules to determine the treatment of the lowest price offered for a foreign end product for which 55 percent or more of the component articles, materials, or supplies of such foreign end product are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if— (A) the application of paragraph (1) results in an unreasonable cost; or (B) no offers are submitted to supply manufactured articles, materials, or supplies manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States. (6) Applicability \nThe requirements of this subsection shall apply to contracts entered into on or after January 1, 2026. (b) Reporting on country of origin manufacturing \nNot later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to Congress a report on country of origin tracking and reporting as it relates to manufactured content procured as part of Navy shipbuilding programs, including through primary contracts and subcontracts at the second and third tiers. The report shall describe measures taken to ensure that the country of origin information pertaining to such content is reported accurately in terms of the location of manufacture and not determined by the location of sale.", "id": "id61fc3f2abbc34b1fb18a7a0b3333ca00", "header": "Enhanced domestic content requirement for navy shipbuilding programs", "nested": [ { "text": "(a) Enhanced domestic content requirement \n(1) Contracting requirements \nExcept as provided in paragraph (2), for purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured as part of a Navy shipbuilding program are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of such component articles, materials, or supplies— (A) supplied during the period beginning January 1, 2026, and ending December 31, 2027, exceeds 65 percent of the cost of the manufactured articles, materials, or supplies; (B) supplied during the period beginning January 1, 2028, and ending December 31, 2032, exceeds 75 percent of the cost of the manufactured articles, materials, or supplies; and (C) supplied on or after January 1, 2033, equals 100 percent of the cost of the manufactured articles, materials, or supplies. (2) Applicability to research, development, test, and evaluation activities \nContracts related to shipbuilding programs entered into under paragraph (1) to carry out research, development, test, and evaluation activities shall require that these activities and the components specified during these activities must meet the domestic content requirements delineated under paragraph (1). (3) Exclusion for certain manufactured articles \nParagraph (1) shall not apply to manufactured articles that consist wholly or predominantly of iron, steel, or a combination of iron and steel. (4) Waiver \nThe Secretary of Defense may request a waiver from the requirements under paragraph (1) in order to expand sourcing to members of the national technical industrial base (as that term is defined in section 4801 of title 10, United States Code). Any such waiver shall be subject to the approval of the Director of the Made in America Office and may only be requested if it is determined that any of the following apply: (A) Application of the limitation would increase the cost of the overall acquisition by more than 25 percent or cause unreasonable delays to be incurred. (B) Satisfactory quality items manufactured by a domestic entity are not available or domestic production of such items cannot be initiated without significantly delaying the project for which the item is to be acquired. (C) It is inconsistent with the public interest. (5) Rulemaking \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in concurrence with the Director of the Made in America Office, shall issue rules to determine the treatment of the lowest price offered for a foreign end product for which 55 percent or more of the component articles, materials, or supplies of such foreign end product are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if— (A) the application of paragraph (1) results in an unreasonable cost; or (B) no offers are submitted to supply manufactured articles, materials, or supplies manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States. (6) Applicability \nThe requirements of this subsection shall apply to contracts entered into on or after January 1, 2026.", "id": "ide974307af3b2433f86ce01e6324516de", "header": "Enhanced domestic content requirement", "nested": [], "links": [ { "text": "chapter 83", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/41/83" } ] }, { "text": "(b) Reporting on country of origin manufacturing \nNot later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to Congress a report on country of origin tracking and reporting as it relates to manufactured content procured as part of Navy shipbuilding programs, including through primary contracts and subcontracts at the second and third tiers. The report shall describe measures taken to ensure that the country of origin information pertaining to such content is reported accurately in terms of the location of manufacture and not determined by the location of sale.", "id": "id5cf184d1a357462db0409ef00c5f7cf2", "header": "Reporting on country of origin manufacturing", "nested": [], "links": [] } ], "links": [ { "text": "chapter 83", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/41/83" } ] }, { "text": "867. Addition of Administrator of the Small Business Administration to the Federal Acquisition Regulatory Council \nSection 1302(b)(1) of title 41, United States Code, is amended— (1) in subparagraph (C), by striking ; and and inserting a semicolon; (2) in subparagraph (D), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (E) the Administrator of the Small Business Administration..", "id": "id000db31914eb4062bb567f176a66c9c6", "header": "Addition of Administrator of the Small Business Administration to the Federal Acquisition Regulatory Council", "nested": [], "links": [] }, { "text": "868. Modifications to rights in technical data \nSection 3771(b) of title 10, United States Code, is amended— (1) in paragraph (3)(C), by inserting for which the United States shall have government purpose rights, unless the Government and the contractor negotiate different license rights after component) ; and (2) in paragraph (4)(A)— (A) in clause (ii), by striking ; or and inserting a semicolon; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following new clause (iii): (iii) is a release, disclosure, or use of detailed manufacturing or process data— (I) that is necessary for operation, maintenance, installation, or training and shall be used only for operation, maintenance, installation, or training purposes supporting wartime operations or contingency operations; and (II) for which the head of an agency determines that the original supplier of such data will be unable to satisfy military readiness or operational requirements for such operations; or.", "id": "id0621c8e8a4f94f96847babc8ec3fbf02", "header": "Modifications to rights in technical data", "nested": [], "links": [] }, { "text": "901. Establishment of Office of Strategic Capital \n(a) In general \nChapter 4 of title 10, United States Code, is amended by adding at the end the following new section: 148. Office of Strategic Capital \n(a) Establishment \nThere is in the Office of the Secretary of Defense an office to be known as the Office of Strategic Capital (in this section referred to as the Office ). (b) Director \nThe Office shall be headed by a Director (in this section referred to as the Director ), who shall be appointed by the Secretary from among employees of the Department of Defense in Senior Executive Service positions (as defined in section 3132 of title 5). (c) Duties \nThe Office shall— (1) develop, integrate, and implement proven capital strategies of partners of the Department of Defense to shape and scale investment in critical technologies and assets; (2) identify and prioritize promising critical technologies and assets for the Department in need of capital assistance; and (3) fund investments in such technologies and assets, including supply chain technologies not always supported through direct investment. (d) Applications \nAn eligible entity seeking capital assistance for an eligible investment shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (e) Selection of investments \n(1) In general \nThe Director shall establish criteria for selecting among eligible investments for which applications are submitted under subsection (d). Such criteria shall include— (A) the extent to which an investment is significant to the national security of the United States; (B) the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and (C) the creditworthiness of an investment. (2) Notice and wait requirement \nThe criteria established under paragraph (1) shall not apply until— (A) the Secretary of Defense submits the criteria to the congressional defense committees; and (B) a period of 30 days has elapsed after such submission. (f) Notification \nNot less than 30 days before exercising the authority provided by section 834 of the National Defense Authorization Act for Fiscal Year 2024, the Director, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering, shall notify the congressional defense committees of the purpose and terms of any capital assistance proposed to be provided under that section. Such notification may be made in classified form, if necessary. (g) Strategic Capital Advisory Board \nThe Secretary of Defense shall establish a Strategic Capital Advisory Board to advise the Director with respect to activities carried out under this section. (h) Regulations \nThe Secretary shall prescribe such regulations as are necessary to carry out this section, including regulations to ensure internal and external coordination to avoid duplication of effort, reduce inefficiency, and ensure policy coherence across the Department. (i) Effective date \nThe authorities made available under this section may not be exercised until the date that is 30 days after the regulations required by subsection (i) have been— (1) prescribed and adopted by the Department; and (2) submitted to the congressional defense committees. (j) Annual report \nNot later than December 31 of each ye ar, the Director shall submit to the congressional defense committees a report that— (1) describes the activities of the Office during the most recent fiscal year ending before submission of the report, including— (A) an identification of entities that received capital assistance from the Office during that fiscal year; (B) a description of the status of the financial obligations of those entities as a result of receiving such assistance; and (C) any success stories as a result of such assistance; (2) assesses the status of the finances of the Office as of the end of that fiscal year; and (3) describes the goals of the Office for the fiscal year that begins after submission of the report. (k) Definitions \nIn this section: (1) Capital assistance \nThe term capital assistance means loans, loan guarantees, equity investments, or technical assistance provided under section 834. (2) Eligible entity \nThe term eligible entity means— (A) an individual; (B) a corporation; (C) a partnership, including a public-private partnership; (D) a joint venture; (E) a trust; (F) a State, including a political subdivision or any other instrumentality of a State; (G) a Tribal government or consortium of Tribal governments; (H) any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; or (I) a multi-State or multi-jurisdictional group of public entities. (3) Eligible investment \nThe term eligible investment means an investment that facilitates the efforts of the Office— (A) to identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, or repair of tangible and intangible assets vital to United States national security; or (B) to protect tangible and intangible assets vital to United States national security from theft, acquisition, and transfer by countries that are adversaries of the United States.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item: 148. Office of Strategic Capital..", "id": "idc4c93902f4264b2ba41a56172f794c30", "header": "Establishment of Office of Strategic Capital", "nested": [ { "text": "(a) In general \nChapter 4 of title 10, United States Code, is amended by adding at the end the following new section: 148. Office of Strategic Capital \n(a) Establishment \nThere is in the Office of the Secretary of Defense an office to be known as the Office of Strategic Capital (in this section referred to as the Office ). (b) Director \nThe Office shall be headed by a Director (in this section referred to as the Director ), who shall be appointed by the Secretary from among employees of the Department of Defense in Senior Executive Service positions (as defined in section 3132 of title 5). (c) Duties \nThe Office shall— (1) develop, integrate, and implement proven capital strategies of partners of the Department of Defense to shape and scale investment in critical technologies and assets; (2) identify and prioritize promising critical technologies and assets for the Department in need of capital assistance; and (3) fund investments in such technologies and assets, including supply chain technologies not always supported through direct investment. (d) Applications \nAn eligible entity seeking capital assistance for an eligible investment shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (e) Selection of investments \n(1) In general \nThe Director shall establish criteria for selecting among eligible investments for which applications are submitted under subsection (d). Such criteria shall include— (A) the extent to which an investment is significant to the national security of the United States; (B) the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and (C) the creditworthiness of an investment. (2) Notice and wait requirement \nThe criteria established under paragraph (1) shall not apply until— (A) the Secretary of Defense submits the criteria to the congressional defense committees; and (B) a period of 30 days has elapsed after such submission. (f) Notification \nNot less than 30 days before exercising the authority provided by section 834 of the National Defense Authorization Act for Fiscal Year 2024, the Director, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering, shall notify the congressional defense committees of the purpose and terms of any capital assistance proposed to be provided under that section. Such notification may be made in classified form, if necessary. (g) Strategic Capital Advisory Board \nThe Secretary of Defense shall establish a Strategic Capital Advisory Board to advise the Director with respect to activities carried out under this section. (h) Regulations \nThe Secretary shall prescribe such regulations as are necessary to carry out this section, including regulations to ensure internal and external coordination to avoid duplication of effort, reduce inefficiency, and ensure policy coherence across the Department. (i) Effective date \nThe authorities made available under this section may not be exercised until the date that is 30 days after the regulations required by subsection (i) have been— (1) prescribed and adopted by the Department; and (2) submitted to the congressional defense committees. (j) Annual report \nNot later than December 31 of each ye ar, the Director shall submit to the congressional defense committees a report that— (1) describes the activities of the Office during the most recent fiscal year ending before submission of the report, including— (A) an identification of entities that received capital assistance from the Office during that fiscal year; (B) a description of the status of the financial obligations of those entities as a result of receiving such assistance; and (C) any success stories as a result of such assistance; (2) assesses the status of the finances of the Office as of the end of that fiscal year; and (3) describes the goals of the Office for the fiscal year that begins after submission of the report. (k) Definitions \nIn this section: (1) Capital assistance \nThe term capital assistance means loans, loan guarantees, equity investments, or technical assistance provided under section 834. (2) Eligible entity \nThe term eligible entity means— (A) an individual; (B) a corporation; (C) a partnership, including a public-private partnership; (D) a joint venture; (E) a trust; (F) a State, including a political subdivision or any other instrumentality of a State; (G) a Tribal government or consortium of Tribal governments; (H) any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; or (I) a multi-State or multi-jurisdictional group of public entities. (3) Eligible investment \nThe term eligible investment means an investment that facilitates the efforts of the Office— (A) to identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, or repair of tangible and intangible assets vital to United States national security; or (B) to protect tangible and intangible assets vital to United States national security from theft, acquisition, and transfer by countries that are adversaries of the United States..", "id": "idd2564d1772e14b7ab05631deaeab104f", "header": "In general", "nested": [], "links": [ { "text": "Chapter 4", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/4" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item: 148. Office of Strategic Capital..", "id": "id016d4a9632414bd29eb266c84bcffef9", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 4", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/4" } ] }, { "text": "148. Office of Strategic Capital \n(a) Establishment \nThere is in the Office of the Secretary of Defense an office to be known as the Office of Strategic Capital (in this section referred to as the Office ). (b) Director \nThe Office shall be headed by a Director (in this section referred to as the Director ), who shall be appointed by the Secretary from among employees of the Department of Defense in Senior Executive Service positions (as defined in section 3132 of title 5). (c) Duties \nThe Office shall— (1) develop, integrate, and implement proven capital strategies of partners of the Department of Defense to shape and scale investment in critical technologies and assets; (2) identify and prioritize promising critical technologies and assets for the Department in need of capital assistance; and (3) fund investments in such technologies and assets, including supply chain technologies not always supported through direct investment. (d) Applications \nAn eligible entity seeking capital assistance for an eligible investment shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (e) Selection of investments \n(1) In general \nThe Director shall establish criteria for selecting among eligible investments for which applications are submitted under subsection (d). Such criteria shall include— (A) the extent to which an investment is significant to the national security of the United States; (B) the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and (C) the creditworthiness of an investment. (2) Notice and wait requirement \nThe criteria established under paragraph (1) shall not apply until— (A) the Secretary of Defense submits the criteria to the congressional defense committees; and (B) a period of 30 days has elapsed after such submission. (f) Notification \nNot less than 30 days before exercising the authority provided by section 834 of the National Defense Authorization Act for Fiscal Year 2024, the Director, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering, shall notify the congressional defense committees of the purpose and terms of any capital assistance proposed to be provided under that section. Such notification may be made in classified form, if necessary. (g) Strategic Capital Advisory Board \nThe Secretary of Defense shall establish a Strategic Capital Advisory Board to advise the Director with respect to activities carried out under this section. (h) Regulations \nThe Secretary shall prescribe such regulations as are necessary to carry out this section, including regulations to ensure internal and external coordination to avoid duplication of effort, reduce inefficiency, and ensure policy coherence across the Department. (i) Effective date \nThe authorities made available under this section may not be exercised until the date that is 30 days after the regulations required by subsection (i) have been— (1) prescribed and adopted by the Department; and (2) submitted to the congressional defense committees. (j) Annual report \nNot later than December 31 of each ye ar, the Director shall submit to the congressional defense committees a report that— (1) describes the activities of the Office during the most recent fiscal year ending before submission of the report, including— (A) an identification of entities that received capital assistance from the Office during that fiscal year; (B) a description of the status of the financial obligations of those entities as a result of receiving such assistance; and (C) any success stories as a result of such assistance; (2) assesses the status of the finances of the Office as of the end of that fiscal year; and (3) describes the goals of the Office for the fiscal year that begins after submission of the report. (k) Definitions \nIn this section: (1) Capital assistance \nThe term capital assistance means loans, loan guarantees, equity investments, or technical assistance provided under section 834. (2) Eligible entity \nThe term eligible entity means— (A) an individual; (B) a corporation; (C) a partnership, including a public-private partnership; (D) a joint venture; (E) a trust; (F) a State, including a political subdivision or any other instrumentality of a State; (G) a Tribal government or consortium of Tribal governments; (H) any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; or (I) a multi-State or multi-jurisdictional group of public entities. (3) Eligible investment \nThe term eligible investment means an investment that facilitates the efforts of the Office— (A) to identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, or repair of tangible and intangible assets vital to United States national security; or (B) to protect tangible and intangible assets vital to United States national security from theft, acquisition, and transfer by countries that are adversaries of the United States.", "id": "id13592789cd6a4d1bb7d9c20f01b574d2", "header": "Office of Strategic Capital", "nested": [ { "text": "(a) Establishment \nThere is in the Office of the Secretary of Defense an office to be known as the Office of Strategic Capital (in this section referred to as the Office ).", "id": "ide66ad23d973f422caa2070bbb815d7f1", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Director \nThe Office shall be headed by a Director (in this section referred to as the Director ), who shall be appointed by the Secretary from among employees of the Department of Defense in Senior Executive Service positions (as defined in section 3132 of title 5).", "id": "idd3716af05d0f45b6ba4ed8ec63345f2b", "header": "Director", "nested": [], "links": [] }, { "text": "(c) Duties \nThe Office shall— (1) develop, integrate, and implement proven capital strategies of partners of the Department of Defense to shape and scale investment in critical technologies and assets; (2) identify and prioritize promising critical technologies and assets for the Department in need of capital assistance; and (3) fund investments in such technologies and assets, including supply chain technologies not always supported through direct investment.", "id": "id9daa3313565d49b7bf5f987b59067933", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Applications \nAn eligible entity seeking capital assistance for an eligible investment shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require.", "id": "id370712a528a94ffa966ba29720c5048a", "header": "Applications", "nested": [], "links": [] }, { "text": "(e) Selection of investments \n(1) In general \nThe Director shall establish criteria for selecting among eligible investments for which applications are submitted under subsection (d). Such criteria shall include— (A) the extent to which an investment is significant to the national security of the United States; (B) the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and (C) the creditworthiness of an investment. (2) Notice and wait requirement \nThe criteria established under paragraph (1) shall not apply until— (A) the Secretary of Defense submits the criteria to the congressional defense committees; and (B) a period of 30 days has elapsed after such submission.", "id": "id82106a7bee5f4e34ae1d01209beaba39", "header": "Selection of investments", "nested": [], "links": [] }, { "text": "(f) Notification \nNot less than 30 days before exercising the authority provided by section 834 of the National Defense Authorization Act for Fiscal Year 2024, the Director, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering, shall notify the congressional defense committees of the purpose and terms of any capital assistance proposed to be provided under that section. Such notification may be made in classified form, if necessary.", "id": "idb5cecca8e5ed4f938701eff474375ee7", "header": "Notification", "nested": [], "links": [] }, { "text": "(g) Strategic Capital Advisory Board \nThe Secretary of Defense shall establish a Strategic Capital Advisory Board to advise the Director with respect to activities carried out under this section.", "id": "idd0f83a5f437a48aa9641d02db1b108a0", "header": "Strategic Capital Advisory Board", "nested": [], "links": [] }, { "text": "(h) Regulations \nThe Secretary shall prescribe such regulations as are necessary to carry out this section, including regulations to ensure internal and external coordination to avoid duplication of effort, reduce inefficiency, and ensure policy coherence across the Department.", "id": "idb6ea41c5279b4739b4f061f1dfe4554a", "header": "Regulations", "nested": [], "links": [] }, { "text": "(i) Effective date \nThe authorities made available under this section may not be exercised until the date that is 30 days after the regulations required by subsection (i) have been— (1) prescribed and adopted by the Department; and (2) submitted to the congressional defense committees.", "id": "id2aeec3cc7c3544cca6a1878646170b03", "header": "Effective date", "nested": [], "links": [] }, { "text": "(j) Annual report \nNot later than December 31 of each ye ar, the Director shall submit to the congressional defense committees a report that— (1) describes the activities of the Office during the most recent fiscal year ending before submission of the report, including— (A) an identification of entities that received capital assistance from the Office during that fiscal year; (B) a description of the status of the financial obligations of those entities as a result of receiving such assistance; and (C) any success stories as a result of such assistance; (2) assesses the status of the finances of the Office as of the end of that fiscal year; and (3) describes the goals of the Office for the fiscal year that begins after submission of the report.", "id": "id7b13120551164a23a8c08027aa80e0ae", "header": "Annual report", "nested": [], "links": [] }, { "text": "(k) Definitions \nIn this section: (1) Capital assistance \nThe term capital assistance means loans, loan guarantees, equity investments, or technical assistance provided under section 834. (2) Eligible entity \nThe term eligible entity means— (A) an individual; (B) a corporation; (C) a partnership, including a public-private partnership; (D) a joint venture; (E) a trust; (F) a State, including a political subdivision or any other instrumentality of a State; (G) a Tribal government or consortium of Tribal governments; (H) any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; or (I) a multi-State or multi-jurisdictional group of public entities. (3) Eligible investment \nThe term eligible investment means an investment that facilitates the efforts of the Office— (A) to identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, or repair of tangible and intangible assets vital to United States national security; or (B) to protect tangible and intangible assets vital to United States national security from theft, acquisition, and transfer by countries that are adversaries of the United States.", "id": "id7775025c0dca4f9b9c78be64fc3a024b", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "902. Reinstatement of position of Chief Management Officer of Department of Defense \n(a) Reinstatement of position \n(1) In general \nChapter 4 of title 10, United States Code, is amended by inserting after the item relating to section 132 the following new item: 132a. Chief Management Officer \n(a) Appointment and qualifications \n(1) There is a Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) The Chief Management Officer shall be appointed from among persons who have an extensive management or business background and experience with managing large or complex organizations. A person may not be appointed as Chief Management Officer within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. (b) Responsibilities \nSubject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense, the Chief Management Officer shall perform such duties and exercise such powers as the Secretary or the Deputy Secretary may prescribe, including the following: (1) Serving as the chief management officer of the Department of Defense with the mission of managing enterprise business operations and shared services of the Department of Defense. (2) Serving as the principal advisor to the Secretary and the Deputy Secretary on establishing policies for, and directing, all enterprise business operations of the Department, including planning and processes, business transformation, and performance measurement and management activities and programs, including the allocation of resources for enterprise business operations and unifying business management efforts across the Department. (3) Exercising authority, direction, and control over the Defense Agencies and Department of Defense Field Activities providing shared business services for the Department. (4) Authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Chief Management Officer has responsibility under this section. (5) Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts, maximizing efficiency and effectiveness, and establishing metrics for performance among and for all organizations and elements of the Department. (c) Budget authority \n(1) (A) Beginning in fiscal year 2025, the Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the head of each Defense Agency and Department of Defense Field Activity (other than such agencies and activities that are under the direction of the Director of National Intelligence or are elements of the intelligence community) to transmit the proposed budget of such Agency or Activity for enterprise business operations for a fiscal year, and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year, to the Chief Management Officer for review under subparagraph (B) at the same time the proposed budget is submitted to the Under Secretary of Defense (Comptroller). (B) The Chief Management Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary a report containing the comments of the Chief Management Officer with respect to all such proposed budgets, together with the certification of the Chief Management Officer regarding whether each such proposed budget achieves the required level of efficiency and effectiveness for enterprise business operations, consistent with guidance for budget review established by the Chief Management Officer. (C) Not later than March 31 each year, the Secretary shall submit to Congress a report that includes the following: (i) Each proposed budget for the enterprise business operations of a Defense Agency or Department of Defense Field Activity that was transmitted to the Chief Management Officer under subparagraph (A). (ii) Identification of each proposed budget contained in the most recent report submitted under subparagraph (B) that the Chief Management Officer did not certify as achieving the required level of efficiency and effectiveness for enterprise business operations. (iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets identified in the report. (iv) Any additional comments that the Secretary considers appropriate regarding inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets. (2) Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence. (d) Precedence \nThe Chief Management Officer takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense. (e) Enterprise business operation defined \nIn this section, the term enterprise business operations means those activities that constitute the cross-cutting business operations used by multiple components of the Department of Defense, but not those activities that are directly tied to a single military department or Department of Defense component. The term includes business-support functions designated by the Secretary of Defense or the Deputy Secretary of Defense for purposes of this section, such as aspects of financial management, healthcare, acquisition and procurement, supply chain and logistics, certain information technology, real property, and human resources operations.. (2) Clerical amendment \nThe table of sections at the beginning of chapter 4 of such title is amended by inserting after the item relating to section 132 the following new item: 132a. Chief Management Officer.. (b) Management and oversight of defense business systems \nSection 2222 of such title is amended— (1) in subsection (c)(2), by striking the Chief Information Officer of the Department of Defense and inserting the Chief Management Officer of the Department of Defense ; (2) in subsection (e)— (A) in paragraph (1), by striking the Chief Information Officer and inserting the Chief Management Officer ; and (B) in paragraph (6)— (i) in subparagraph (A), in the matter preceding clause (i)— (I) in the first sentence, by striking The Chief Information Officer of the Department of Defense, in coordination with the Chief Data and Artificial Intelligence Officer, and inserting The Chief Management Officer of the Department of Defense ; and (II) in the second sentence, by striking the Chief Information Officer shall and inserting the Chief Management Officer shall ; (ii) in subparagraph (B), in the matter preceding clause (i), by striking The Chief Information Officer and inserting The Chief Management Officer ; (3) in subsection (f)(1), in the second sentence, by inserting the Chief Management Officer and after chaired by ; (4) in subsection (g)(2), by striking the Chief Information Officer of the Department of Defense each place it appears and inserting the Chief Management Officer of the Department of Defense ; and (5) in subsection (i)(5)(B), by striking the Chief Information Officer and inserting the Chief Management Officer. (c) Conforming amendment \nSection 131(b) of title 10, United States Code, is amended by inserting after paragraph (1) the following new paragraph (2): (2) The Chief Management Officer of the Department of Defense.. (d) Guidance required \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) issue guidance to clearly delineate the authorities and responsibilities of the Chief Management Officer of the Department of Defense; and (2) provide a charter for the position of the Chief Management Officer to fully vest the authority of the Chief Management Officer within the Department of Defense. (e) Report on effect of lapse in management oversight on defense business systems \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a report on the effect on defense business systems of the abolishment of the position of Chief Management Officer and the failure to reassign the responsibilities of the Chief Management Officer with respect to defense business systems for two years. (2) Defense business system defined \nIn this subsection, the term defense business system has the meaning given that term in section 2222(i) of title 10, United States Code.", "id": "id539ee9d84b9847d59d29ff88eb39ee78", "header": "Reinstatement of position of Chief Management Officer of Department of Defense", "nested": [ { "text": "(a) Reinstatement of position \n(1) In general \nChapter 4 of title 10, United States Code, is amended by inserting after the item relating to section 132 the following new item: 132a. Chief Management Officer \n(a) Appointment and qualifications \n(1) There is a Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) The Chief Management Officer shall be appointed from among persons who have an extensive management or business background and experience with managing large or complex organizations. A person may not be appointed as Chief Management Officer within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. (b) Responsibilities \nSubject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense, the Chief Management Officer shall perform such duties and exercise such powers as the Secretary or the Deputy Secretary may prescribe, including the following: (1) Serving as the chief management officer of the Department of Defense with the mission of managing enterprise business operations and shared services of the Department of Defense. (2) Serving as the principal advisor to the Secretary and the Deputy Secretary on establishing policies for, and directing, all enterprise business operations of the Department, including planning and processes, business transformation, and performance measurement and management activities and programs, including the allocation of resources for enterprise business operations and unifying business management efforts across the Department. (3) Exercising authority, direction, and control over the Defense Agencies and Department of Defense Field Activities providing shared business services for the Department. (4) Authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Chief Management Officer has responsibility under this section. (5) Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts, maximizing efficiency and effectiveness, and establishing metrics for performance among and for all organizations and elements of the Department. (c) Budget authority \n(1) (A) Beginning in fiscal year 2025, the Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the head of each Defense Agency and Department of Defense Field Activity (other than such agencies and activities that are under the direction of the Director of National Intelligence or are elements of the intelligence community) to transmit the proposed budget of such Agency or Activity for enterprise business operations for a fiscal year, and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year, to the Chief Management Officer for review under subparagraph (B) at the same time the proposed budget is submitted to the Under Secretary of Defense (Comptroller). (B) The Chief Management Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary a report containing the comments of the Chief Management Officer with respect to all such proposed budgets, together with the certification of the Chief Management Officer regarding whether each such proposed budget achieves the required level of efficiency and effectiveness for enterprise business operations, consistent with guidance for budget review established by the Chief Management Officer. (C) Not later than March 31 each year, the Secretary shall submit to Congress a report that includes the following: (i) Each proposed budget for the enterprise business operations of a Defense Agency or Department of Defense Field Activity that was transmitted to the Chief Management Officer under subparagraph (A). (ii) Identification of each proposed budget contained in the most recent report submitted under subparagraph (B) that the Chief Management Officer did not certify as achieving the required level of efficiency and effectiveness for enterprise business operations. (iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets identified in the report. (iv) Any additional comments that the Secretary considers appropriate regarding inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets. (2) Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence. (d) Precedence \nThe Chief Management Officer takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense. (e) Enterprise business operation defined \nIn this section, the term enterprise business operations means those activities that constitute the cross-cutting business operations used by multiple components of the Department of Defense, but not those activities that are directly tied to a single military department or Department of Defense component. The term includes business-support functions designated by the Secretary of Defense or the Deputy Secretary of Defense for purposes of this section, such as aspects of financial management, healthcare, acquisition and procurement, supply chain and logistics, certain information technology, real property, and human resources operations.. (2) Clerical amendment \nThe table of sections at the beginning of chapter 4 of such title is amended by inserting after the item relating to section 132 the following new item: 132a. Chief Management Officer..", "id": "id98d83ebd631f489a8280bbb3f1d1d226", "header": "Reinstatement of position", "nested": [], "links": [ { "text": "Chapter 4", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/4" }, { "text": "section 132", "legal-doc": "usc", "parsable-cite": "usc/10/132" } ] }, { "text": "(b) Management and oversight of defense business systems \nSection 2222 of such title is amended— (1) in subsection (c)(2), by striking the Chief Information Officer of the Department of Defense and inserting the Chief Management Officer of the Department of Defense ; (2) in subsection (e)— (A) in paragraph (1), by striking the Chief Information Officer and inserting the Chief Management Officer ; and (B) in paragraph (6)— (i) in subparagraph (A), in the matter preceding clause (i)— (I) in the first sentence, by striking The Chief Information Officer of the Department of Defense, in coordination with the Chief Data and Artificial Intelligence Officer, and inserting The Chief Management Officer of the Department of Defense ; and (II) in the second sentence, by striking the Chief Information Officer shall and inserting the Chief Management Officer shall ; (ii) in subparagraph (B), in the matter preceding clause (i), by striking The Chief Information Officer and inserting The Chief Management Officer ; (3) in subsection (f)(1), in the second sentence, by inserting the Chief Management Officer and after chaired by ; (4) in subsection (g)(2), by striking the Chief Information Officer of the Department of Defense each place it appears and inserting the Chief Management Officer of the Department of Defense ; and (5) in subsection (i)(5)(B), by striking the Chief Information Officer and inserting the Chief Management Officer.", "id": "id102d079237ba4856a638d4059d0143b4", "header": "Management and oversight of defense business systems", "nested": [], "links": [] }, { "text": "(c) Conforming amendment \nSection 131(b) of title 10, United States Code, is amended by inserting after paragraph (1) the following new paragraph (2): (2) The Chief Management Officer of the Department of Defense..", "id": "id0379e7984f2044198edd74ccd424ccc2", "header": "Conforming amendment", "nested": [], "links": [] }, { "text": "(d) Guidance required \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) issue guidance to clearly delineate the authorities and responsibilities of the Chief Management Officer of the Department of Defense; and (2) provide a charter for the position of the Chief Management Officer to fully vest the authority of the Chief Management Officer within the Department of Defense.", "id": "id25f4c0ed1d864f5fbb12691dfdaf01ce", "header": "Guidance required", "nested": [], "links": [] }, { "text": "(e) Report on effect of lapse in management oversight on defense business systems \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a report on the effect on defense business systems of the abolishment of the position of Chief Management Officer and the failure to reassign the responsibilities of the Chief Management Officer with respect to defense business systems for two years. (2) Defense business system defined \nIn this subsection, the term defense business system has the meaning given that term in section 2222(i) of title 10, United States Code.", "id": "id85627a8ddb5244248e520f21dc8d071d", "header": "Report on effect of lapse in management oversight on defense business systems", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 4", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/4" }, { "text": "section 132", "legal-doc": "usc", "parsable-cite": "usc/10/132" } ] }, { "text": "132a. Chief Management Officer \n(a) Appointment and qualifications \n(1) There is a Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) The Chief Management Officer shall be appointed from among persons who have an extensive management or business background and experience with managing large or complex organizations. A person may not be appointed as Chief Management Officer within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. (b) Responsibilities \nSubject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense, the Chief Management Officer shall perform such duties and exercise such powers as the Secretary or the Deputy Secretary may prescribe, including the following: (1) Serving as the chief management officer of the Department of Defense with the mission of managing enterprise business operations and shared services of the Department of Defense. (2) Serving as the principal advisor to the Secretary and the Deputy Secretary on establishing policies for, and directing, all enterprise business operations of the Department, including planning and processes, business transformation, and performance measurement and management activities and programs, including the allocation of resources for enterprise business operations and unifying business management efforts across the Department. (3) Exercising authority, direction, and control over the Defense Agencies and Department of Defense Field Activities providing shared business services for the Department. (4) Authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Chief Management Officer has responsibility under this section. (5) Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts, maximizing efficiency and effectiveness, and establishing metrics for performance among and for all organizations and elements of the Department. (c) Budget authority \n(1) (A) Beginning in fiscal year 2025, the Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the head of each Defense Agency and Department of Defense Field Activity (other than such agencies and activities that are under the direction of the Director of National Intelligence or are elements of the intelligence community) to transmit the proposed budget of such Agency or Activity for enterprise business operations for a fiscal year, and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year, to the Chief Management Officer for review under subparagraph (B) at the same time the proposed budget is submitted to the Under Secretary of Defense (Comptroller). (B) The Chief Management Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary a report containing the comments of the Chief Management Officer with respect to all such proposed budgets, together with the certification of the Chief Management Officer regarding whether each such proposed budget achieves the required level of efficiency and effectiveness for enterprise business operations, consistent with guidance for budget review established by the Chief Management Officer. (C) Not later than March 31 each year, the Secretary shall submit to Congress a report that includes the following: (i) Each proposed budget for the enterprise business operations of a Defense Agency or Department of Defense Field Activity that was transmitted to the Chief Management Officer under subparagraph (A). (ii) Identification of each proposed budget contained in the most recent report submitted under subparagraph (B) that the Chief Management Officer did not certify as achieving the required level of efficiency and effectiveness for enterprise business operations. (iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets identified in the report. (iv) Any additional comments that the Secretary considers appropriate regarding inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets. (2) Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence. (d) Precedence \nThe Chief Management Officer takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense. (e) Enterprise business operation defined \nIn this section, the term enterprise business operations means those activities that constitute the cross-cutting business operations used by multiple components of the Department of Defense, but not those activities that are directly tied to a single military department or Department of Defense component. The term includes business-support functions designated by the Secretary of Defense or the Deputy Secretary of Defense for purposes of this section, such as aspects of financial management, healthcare, acquisition and procurement, supply chain and logistics, certain information technology, real property, and human resources operations.", "id": "ide8acca02aaaf4b8b87265c48d28abe73", "header": "Chief Management Officer", "nested": [ { "text": "(a) Appointment and qualifications \n(1) There is a Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) The Chief Management Officer shall be appointed from among persons who have an extensive management or business background and experience with managing large or complex organizations. A person may not be appointed as Chief Management Officer within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.", "id": "idd388a4cadf144b558421184c547d5545", "header": "Appointment and qualifications", "nested": [], "links": [] }, { "text": "(b) Responsibilities \nSubject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense, the Chief Management Officer shall perform such duties and exercise such powers as the Secretary or the Deputy Secretary may prescribe, including the following: (1) Serving as the chief management officer of the Department of Defense with the mission of managing enterprise business operations and shared services of the Department of Defense. (2) Serving as the principal advisor to the Secretary and the Deputy Secretary on establishing policies for, and directing, all enterprise business operations of the Department, including planning and processes, business transformation, and performance measurement and management activities and programs, including the allocation of resources for enterprise business operations and unifying business management efforts across the Department. (3) Exercising authority, direction, and control over the Defense Agencies and Department of Defense Field Activities providing shared business services for the Department. (4) Authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Chief Management Officer has responsibility under this section. (5) Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts, maximizing efficiency and effectiveness, and establishing metrics for performance among and for all organizations and elements of the Department.", "id": "id46dd5ec62f62446fa02b2ceaa8ae2324", "header": "Responsibilities", "nested": [], "links": [] }, { "text": "(c) Budget authority \n(1) (A) Beginning in fiscal year 2025, the Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the head of each Defense Agency and Department of Defense Field Activity (other than such agencies and activities that are under the direction of the Director of National Intelligence or are elements of the intelligence community) to transmit the proposed budget of such Agency or Activity for enterprise business operations for a fiscal year, and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year, to the Chief Management Officer for review under subparagraph (B) at the same time the proposed budget is submitted to the Under Secretary of Defense (Comptroller). (B) The Chief Management Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary a report containing the comments of the Chief Management Officer with respect to all such proposed budgets, together with the certification of the Chief Management Officer regarding whether each such proposed budget achieves the required level of efficiency and effectiveness for enterprise business operations, consistent with guidance for budget review established by the Chief Management Officer. (C) Not later than March 31 each year, the Secretary shall submit to Congress a report that includes the following: (i) Each proposed budget for the enterprise business operations of a Defense Agency or Department of Defense Field Activity that was transmitted to the Chief Management Officer under subparagraph (A). (ii) Identification of each proposed budget contained in the most recent report submitted under subparagraph (B) that the Chief Management Officer did not certify as achieving the required level of efficiency and effectiveness for enterprise business operations. (iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets identified in the report. (iv) Any additional comments that the Secretary considers appropriate regarding inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets. (2) Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence.", "id": "id35783d143ca24c0e9ea3984940c6faa7", "header": "Budget authority", "nested": [], "links": [] }, { "text": "(d) Precedence \nThe Chief Management Officer takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense.", "id": "idf9ff9eaabcc8441ab06eb74336327742", "header": "Precedence", "nested": [], "links": [] }, { "text": "(e) Enterprise business operation defined \nIn this section, the term enterprise business operations means those activities that constitute the cross-cutting business operations used by multiple components of the Department of Defense, but not those activities that are directly tied to a single military department or Department of Defense component. The term includes business-support functions designated by the Secretary of Defense or the Deputy Secretary of Defense for purposes of this section, such as aspects of financial management, healthcare, acquisition and procurement, supply chain and logistics, certain information technology, real property, and human resources operations.", "id": "idff6f777cfc90435092223662c7db4c75", "header": "Enterprise business operation defined", "nested": [], "links": [] } ], "links": [] }, { "text": "903. Modification of responsibilities of Director of Cost Assessment and Program Evaluation \n(a) In general \nSubsection (d) of section 139a of title 10, United States Code, is amended— (1) in paragraph (5)— (A) by striking , ensuring and inserting and ensuring ; and (B) by striking , and assessing and all that follows through economy ; and (2) in paragraph (8), by inserting after defense resources the following: , including the standardization of analytical methodologies and the establishment and maintenance of a centralized knowledge repository of physical attributes or other data for modeling and simulation purposes. (b) Annual reports \nSuch section is amended by adding at the end the following new subsection: (e) Annual reports \n(1) In general \nNot later than February 1, 2024, and annually thereafter, the Director shall submit to the congressional defense committees a report on activities to conduct strategic and operational analysis under paragraphs (2), (3), (6), (7), and (8) of subsection (d) that includes— (A) a review of strategic portfolio reviews completed in the fiscal year preceding submission of the report and a description of such reviews planned for the fiscal year that begins after submission of the report; (B) a review of analyses of alternatives completed in the fiscal year preceding submission of the report and a description of such analyses planned for the fiscal year that begins after submission of the report; and (C) a review of defense program projections completed in the fiscal year preceding submission of the report and a description of such projections planned for the fiscal year that begins after submission of the report. (2) Form \nEach report required by paragraph (1) shall be submitted in classified form, but shall include an unclassified summary. (3) Briefings \nNot later than 15 days after submission of each report required by paragraph (1), the Director shall brief the congressional defense committees on the contents of the report.. (c) Program evaluation competitive analysis cell \nSuch section is further amended by adding after subsection (e), as added by subsection (b), the following new subsection: (f) Program evaluation competitive analysis cell \n(1) In general \nNot later than June 1, 2024, the Secretary of Defense shall— (A) establish a team, to be known as the Program Evaluation Competitive Analysis Cell , to critically assess the analytical methodologies, assumptions, and data used in key strategic and operational analyses conducted by the Director; and (B) ensure that the team has a sufficient number of personnel to carry out the duties of the team. (2) Independence \nThe Program Evaluation Competitive Analysis Cell shall be independent of the Director and shall report only to the Secretary of Defense.. (d) Pilot program on alternative analysis \n(1) In general \nThe Director of Cost Assessment and Program Evaluation shall establish a pilot program on alternative analysis. (2) Structure \nThe Director shall establish, under the pilot program established under paragraph (1), three analytical groups, focused on programmatic analysis in the following: (A) Year 1 of the future-years defense program under section 221 of title 10, United States Code. (B) Years 2 through 5 of the future-years defense program. (C) Years outside the future-years defense program. (3) Requirements \nThe pilot program established under paragraph (1) shall run at least one strategic portfolio review or equivalent analytical effort per year. (e) Establishment of Analysis Working Group \n(1) In general \nNot later than May 1, 2024, the Secretary of Defense shall— (A) establish the Analysis Working Group in the Department of Defense; and (B) ensure that the Analysis Working Group possesses sufficient full-time equivalent support personnel to carry out the duties of the Group. (2) Membership \nThe Analysis Working Group shall be composed of representatives of the following components of the Department of Defense: (A) The Office of the Director of Cost Assessment and Program Evaluation. (B) The Directorate for Joint Force Development (J7) of the Joint Staff. (C) The Directorate for Force Structure, Resources, and Assessment (J8) of the Joint Staff. (D) The Office of the Secretary of Defense for Policy. (E) The Chief Data and Artificial Intelligence Office. (F) The Office of the Chief Information Officer. (G) The United States Indo-Pacific Command. (H) The United States European Command. (3) Duties \nThe Analysis Working Group shall— (A) establish clear priorities and standards to focus analysts on decision support; (B) improve transparency of methodologies, tools, and tradecraft across the analytic community, including testing and validation for new or emerging methodologies, tools, and tradecraft; (C) improve quality of and expand access to data, including evaluation of new data sets, or application of existing data sets in new or novel ways; (D) evolve the methodologies, tools, and tradecraft methods and tools used in strategic analysis; (E) resolve classified access and infrastructure challenges; (F) foster a workforce and organizations that are innovative, creative, and provide high-quality strategic decision support; and (G) conduct such other tasks as the Secretary of Defense considers appropriate. (f) Rule of construction \nNothing in this section shall be construed to interfere with the requirements of the Chiefs of Staff of the Armed Forces to establish military requirements, performance requirements, and joint performance requirements, or the requirement of the Joint Requirements Oversight Council to validate such requirements under section 181 of title 10, United States Code.", "id": "id49ae1c2078084eaa8f1900e02d97ecf2", "header": "Modification of responsibilities of Director of Cost Assessment and Program Evaluation", "nested": [ { "text": "(a) In general \nSubsection (d) of section 139a of title 10, United States Code, is amended— (1) in paragraph (5)— (A) by striking , ensuring and inserting and ensuring ; and (B) by striking , and assessing and all that follows through economy ; and (2) in paragraph (8), by inserting after defense resources the following: , including the standardization of analytical methodologies and the establishment and maintenance of a centralized knowledge repository of physical attributes or other data for modeling and simulation purposes.", "id": "id64668479afea43b5ad2edc462b016364", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Annual reports \nSuch section is amended by adding at the end the following new subsection: (e) Annual reports \n(1) In general \nNot later than February 1, 2024, and annually thereafter, the Director shall submit to the congressional defense committees a report on activities to conduct strategic and operational analysis under paragraphs (2), (3), (6), (7), and (8) of subsection (d) that includes— (A) a review of strategic portfolio reviews completed in the fiscal year preceding submission of the report and a description of such reviews planned for the fiscal year that begins after submission of the report; (B) a review of analyses of alternatives completed in the fiscal year preceding submission of the report and a description of such analyses planned for the fiscal year that begins after submission of the report; and (C) a review of defense program projections completed in the fiscal year preceding submission of the report and a description of such projections planned for the fiscal year that begins after submission of the report. (2) Form \nEach report required by paragraph (1) shall be submitted in classified form, but shall include an unclassified summary. (3) Briefings \nNot later than 15 days after submission of each report required by paragraph (1), the Director shall brief the congressional defense committees on the contents of the report..", "id": "id00a9feb013884ef8818c8dbd58bf481e", "header": "Annual reports", "nested": [], "links": [] }, { "text": "(c) Program evaluation competitive analysis cell \nSuch section is further amended by adding after subsection (e), as added by subsection (b), the following new subsection: (f) Program evaluation competitive analysis cell \n(1) In general \nNot later than June 1, 2024, the Secretary of Defense shall— (A) establish a team, to be known as the Program Evaluation Competitive Analysis Cell , to critically assess the analytical methodologies, assumptions, and data used in key strategic and operational analyses conducted by the Director; and (B) ensure that the team has a sufficient number of personnel to carry out the duties of the team. (2) Independence \nThe Program Evaluation Competitive Analysis Cell shall be independent of the Director and shall report only to the Secretary of Defense..", "id": "idF4B21F56D1F14C909D17FF519DA38353", "header": "Program evaluation competitive analysis cell", "nested": [], "links": [] }, { "text": "(d) Pilot program on alternative analysis \n(1) In general \nThe Director of Cost Assessment and Program Evaluation shall establish a pilot program on alternative analysis. (2) Structure \nThe Director shall establish, under the pilot program established under paragraph (1), three analytical groups, focused on programmatic analysis in the following: (A) Year 1 of the future-years defense program under section 221 of title 10, United States Code. (B) Years 2 through 5 of the future-years defense program. (C) Years outside the future-years defense program. (3) Requirements \nThe pilot program established under paragraph (1) shall run at least one strategic portfolio review or equivalent analytical effort per year.", "id": "id6176d908e2d64aaa8eb955964e1eb3cb", "header": "Pilot program on alternative analysis", "nested": [], "links": [] }, { "text": "(e) Establishment of Analysis Working Group \n(1) In general \nNot later than May 1, 2024, the Secretary of Defense shall— (A) establish the Analysis Working Group in the Department of Defense; and (B) ensure that the Analysis Working Group possesses sufficient full-time equivalent support personnel to carry out the duties of the Group. (2) Membership \nThe Analysis Working Group shall be composed of representatives of the following components of the Department of Defense: (A) The Office of the Director of Cost Assessment and Program Evaluation. (B) The Directorate for Joint Force Development (J7) of the Joint Staff. (C) The Directorate for Force Structure, Resources, and Assessment (J8) of the Joint Staff. (D) The Office of the Secretary of Defense for Policy. (E) The Chief Data and Artificial Intelligence Office. (F) The Office of the Chief Information Officer. (G) The United States Indo-Pacific Command. (H) The United States European Command. (3) Duties \nThe Analysis Working Group shall— (A) establish clear priorities and standards to focus analysts on decision support; (B) improve transparency of methodologies, tools, and tradecraft across the analytic community, including testing and validation for new or emerging methodologies, tools, and tradecraft; (C) improve quality of and expand access to data, including evaluation of new data sets, or application of existing data sets in new or novel ways; (D) evolve the methodologies, tools, and tradecraft methods and tools used in strategic analysis; (E) resolve classified access and infrastructure challenges; (F) foster a workforce and organizations that are innovative, creative, and provide high-quality strategic decision support; and (G) conduct such other tasks as the Secretary of Defense considers appropriate.", "id": "idf7dab692d3dd4ec695cb5a9a81773048", "header": "Establishment of Analysis Working Group", "nested": [], "links": [] }, { "text": "(f) Rule of construction \nNothing in this section shall be construed to interfere with the requirements of the Chiefs of Staff of the Armed Forces to establish military requirements, performance requirements, and joint performance requirements, or the requirement of the Joint Requirements Oversight Council to validate such requirements under section 181 of title 10, United States Code.", "id": "idf3267d1ab7d54253aab95e2bcea2f280", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "904. Roles and responsibilities for components of Office of Secretary of Defense for joint all-domain command and control in support of integrated joint warfighting \n(a) In general \nThe Secretary of Defense shall establish the roles and responsibilities of components of the Office of the Secretary of Defense for development and delivery to combatant commands of capabilities that are essential to integrated joint warfighting capabilities, as follows: (1) The Deputy Chief Technology Officer for Mission Capabilities of the Office of the Under Secretary of Defense for Research and Engineering shall be responsible for— (A) identifying new technology and operational concepts for experimentation and prototyping for delivery to the Joint Force to address key operational challenges; (B) providing technical support for the Joint Force in exploring and analyzing new capabilities, operational concepts, and systems-of-systems composition, including through advanced modeling and simulation; and (C) executing associated experimentation, through the Rapid Defense Experimentation Reserve (RDER) or another mechanism. (2) The Executive Director for Acquisition, Integration, and Interoperability of the Office of the Under Secretary of Defense for Acquisition and Sustainment shall be responsible for— (A) enabling the acquisition of cross-domain, joint, and cross-system kill chains and mission capabilities, including resourcing of modifications necessary for integration and interoperability among kill chain and mission components; and (B) ensuring the effectiveness of cross-domain, joint, and cross-system kill chains and mission capabilities through analysis and testing. (3) The Chief Digital and Artificial Intelligence Officer shall be responsible for creating and operating a factory-based approach for software development that allows for iterative, secure, and continuous deployment of developmental, prototype, and operational tools and capabilities from multiple vendors to test networks and operational networks for combatant commanders to— (A) gain operational awareness, make decisions, and take actions; (B) integrate relevant data sources to support target selection, target prioritization, and weapon-target pairing; and (C) prosecute targets through military service and combat support agency networks, tools, and systems. (b) Coordination \nThe officials referred to in paragraphs (1), (2), and (3) of subsection (a) shall coordinate and align their plans and activities to implement subsection (a) among themselves and with the combatant commanders. (c) Initial prioritization \nIn developing an initial set of capabilities described in subsection (a), the officials referred to in paragraphs (1), (2), and (3) of that subsection shall prioritize the requirements of the United States Indo-Pacific Command. (d) Briefings required \nNot later than 90 days after the date of the enactment of this Act, and every 180 days thereafter through December 31, 2026, the officials referred to in paragraphs (1), (2), and (3) of subsection (a) shall provide briefings to the congressional defense committees on their plans and activities to implement subsection (a). (e) Report required \nNot later than March 1, 2024, the Chief Data and Artificial Intelligence Officer, in consultation with the Deputy Chief Technology Officer for Mission Capabilities of the Office of the Under Secretary of Defense for Research and Engineering and the Executive Director for Acquisition, Integration, and Interoperability of the Office of the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report that includes— (1) a plan and associated timelines for deploying and demonstrating a joint data integration layer prototype in the United States Indo-Pacific Command area of operations; (2) a plan and associated timelines for transitioning such a prototype, upon its successful demonstration, to fielding as soon as practicable given the urgent need for a joint all-domain command and control (commonly referred to as JADC2 ) capability; (3) a plan and associated timelines for reaching initial operational capability for a joint data integration layer within the United States Indo-Pacific Command area of operations; (4) a plan and associated timelines for scaling that capability to future areas of operation across the combatant commands; (5) an assessment of the required type and number of personnel at the United States Indo-Pacific Command to enable sustained growth in JADC2 capabilities; and (6) a plan and associated timelines for— (A) identifying specific critical effects chains necessary to overcome anti-access and area denial capabilities and offensive military operations of foreign adversaries; and (B) creating, demonstrating, deploying, and sustaining such chains.", "id": "idfac6ee2636be4059b24c8bdd314d99d2", "header": "Roles and responsibilities for components of Office of Secretary of Defense for joint all-domain command and control in support of integrated joint warfighting", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall establish the roles and responsibilities of components of the Office of the Secretary of Defense for development and delivery to combatant commands of capabilities that are essential to integrated joint warfighting capabilities, as follows: (1) The Deputy Chief Technology Officer for Mission Capabilities of the Office of the Under Secretary of Defense for Research and Engineering shall be responsible for— (A) identifying new technology and operational concepts for experimentation and prototyping for delivery to the Joint Force to address key operational challenges; (B) providing technical support for the Joint Force in exploring and analyzing new capabilities, operational concepts, and systems-of-systems composition, including through advanced modeling and simulation; and (C) executing associated experimentation, through the Rapid Defense Experimentation Reserve (RDER) or another mechanism. (2) The Executive Director for Acquisition, Integration, and Interoperability of the Office of the Under Secretary of Defense for Acquisition and Sustainment shall be responsible for— (A) enabling the acquisition of cross-domain, joint, and cross-system kill chains and mission capabilities, including resourcing of modifications necessary for integration and interoperability among kill chain and mission components; and (B) ensuring the effectiveness of cross-domain, joint, and cross-system kill chains and mission capabilities through analysis and testing. (3) The Chief Digital and Artificial Intelligence Officer shall be responsible for creating and operating a factory-based approach for software development that allows for iterative, secure, and continuous deployment of developmental, prototype, and operational tools and capabilities from multiple vendors to test networks and operational networks for combatant commanders to— (A) gain operational awareness, make decisions, and take actions; (B) integrate relevant data sources to support target selection, target prioritization, and weapon-target pairing; and (C) prosecute targets through military service and combat support agency networks, tools, and systems.", "id": "idd4115442aa324bbf92f636e7add01c5c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Coordination \nThe officials referred to in paragraphs (1), (2), and (3) of subsection (a) shall coordinate and align their plans and activities to implement subsection (a) among themselves and with the combatant commanders.", "id": "idc4e080b88d24498098c55a7060335b37", "header": "Coordination", "nested": [], "links": [] }, { "text": "(c) Initial prioritization \nIn developing an initial set of capabilities described in subsection (a), the officials referred to in paragraphs (1), (2), and (3) of that subsection shall prioritize the requirements of the United States Indo-Pacific Command.", "id": "id4e531fd2ecc64a378f28e6bac6cef898", "header": "Initial prioritization", "nested": [], "links": [] }, { "text": "(d) Briefings required \nNot later than 90 days after the date of the enactment of this Act, and every 180 days thereafter through December 31, 2026, the officials referred to in paragraphs (1), (2), and (3) of subsection (a) shall provide briefings to the congressional defense committees on their plans and activities to implement subsection (a).", "id": "id3917dfc064e74daaad5a39e56866254d", "header": "Briefings required", "nested": [], "links": [] }, { "text": "(e) Report required \nNot later than March 1, 2024, the Chief Data and Artificial Intelligence Officer, in consultation with the Deputy Chief Technology Officer for Mission Capabilities of the Office of the Under Secretary of Defense for Research and Engineering and the Executive Director for Acquisition, Integration, and Interoperability of the Office of the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report that includes— (1) a plan and associated timelines for deploying and demonstrating a joint data integration layer prototype in the United States Indo-Pacific Command area of operations; (2) a plan and associated timelines for transitioning such a prototype, upon its successful demonstration, to fielding as soon as practicable given the urgent need for a joint all-domain command and control (commonly referred to as JADC2 ) capability; (3) a plan and associated timelines for reaching initial operational capability for a joint data integration layer within the United States Indo-Pacific Command area of operations; (4) a plan and associated timelines for scaling that capability to future areas of operation across the combatant commands; (5) an assessment of the required type and number of personnel at the United States Indo-Pacific Command to enable sustained growth in JADC2 capabilities; and (6) a plan and associated timelines for— (A) identifying specific critical effects chains necessary to overcome anti-access and area denial capabilities and offensive military operations of foreign adversaries; and (B) creating, demonstrating, deploying, and sustaining such chains.", "id": "id50d7909adacd4ea0b2298f5464ac345f", "header": "Report required", "nested": [], "links": [] } ], "links": [] }, { "text": "905. Principal Deputy Assistant Secretaries to support Assistant Secretary of Defense for Special Operations and Low Intensity Conflict \nThe Secretary of Defense may appoint two Principal Deputy Assistant Secretaries to report to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict— (1) one of whom may be assigned to support the Assistant Secretary in the discharge of responsibilities specified in clause (i) of section 138(b)(2)(A) of title 10, United States Code; and (2) one of whom may be assigned to support the Assistant Secretary in the discharge of responsibilities specified in clause (ii) of that section.", "id": "idcdc9c91783e74c0486a1f39b5dff0b93", "header": "Principal Deputy Assistant Secretaries to support Assistant Secretary of Defense for Special Operations and Low Intensity Conflict", "nested": [], "links": [] }, { "text": "906. Modification of cross-functional team to address emerging threat relating to directed energy capabilities \nSection 910 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 111 note) is amended— (1) in the section heading, by striking anomalous health incidents and inserting directed energy capabilities ; (2) in subsection (a), by striking anomalous health incidents (as defined by the Secretary) and inserting emerging directed energy capabilities, including such capabilities that could plausibly result in anomalous health incidents (as defined by the Secretary), ; (3) in subsection (b)— (A) in the matter preceding paragraph (1), by inserting to assist the Secretary of Defense after shall be ; (B) by amending paragraph (1) to read as follows: (1) to address the threat posed by emerging directed energy capabilities, such as anti-personnel weapons, including the detection and mitigation of, and development of countermeasures for, such capabilities; ; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (D) by inserting after paragraph (1) the following new paragraph (2): (2) to conduct necessary investigation and activities to understand the causation, attribution, mitigation, identification, and treatment for anomalous health incidents; ; and (E) in paragraph (4), as redesignated by subparagraph (C), by striking any other efforts regarding such incidents and inserting with any other efforts regarding emerging directed energy capabilities, hazards of electromagnetic radiation to personnel, and anomalous health incidents ; (4) in subsection (d), by striking in consultation with the Director of National Intelligence and ; and (5) in subsection (e)(2)— (A) by striking March 1, 2026 and inserting March 1, 2028 ; and (B) by striking anomalous health incidents and inserting emerging directed energy capabilities, including such capabilities that could plausibly result in anomalous health incidents.", "id": "idd78d31e7de154f60a4588a1f05a35284", "header": "Modification of cross-functional team to address emerging threat relating to directed energy capabilities", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 111", "legal-doc": "usc", "parsable-cite": "usc/10/111" } ] }, { "text": "907. Pilot program on protecting access to critical assets \n(a) In general \nThe Secretary of Defense shall establish a pilot program within the Office of the Under Secretary of Defense for Acquisition and Sustainment under which the Under Secretary will conduct and coordinate assessments, support industrial base decision-making, and provide mitigation measures to counter adversarial capital flows into industries or businesses of interest to the Department of Defense intended to undermine or deny— (1) the access of the United States to key capabilities; or (2) the ability of the United States to place such capabilities in physical locations necessary for national security functions. (b) Elements \n(1) In general \nUnder the pilot program required by subsection (a), the Under Secretary may perform the following tasks: (A) Conduct coordinated and integrated analysis of adversarial capital flows into industries or businesses of interest to the Department of Defense. (B) Support coordination and outreach with technology scouting and acquisition elements of the Department to support the investment decision-making of those elements and consideration of how to counteract entities employing adversarial capital flows against industries or businesses described in subparagraph (A), including the employment of relevant authorities vested in other components of the Department and the Federal Government. (C) Identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, modernization, and repair of tangible and intangible assets vital to the national security of the United States. (D) Protect tangible and intangible assets vital to the national security of the United States from theft, acquisition, and transfer by adversaries or strategic competitors of the United States. (E) Provide capital assistance to entities engaged in investments that facilitate the efforts of the Under Secretary under subparagraphs (C) and (D) utilizing existing authorities available to the Department, such as the authority provided under section 834. (F) Experiment, prototype, test, or validate Government-developed or commercially developed analytical tools, processes, and tradecraft to improve the due diligence and investment analysis processes for the Department. (2) Use of certain financial instruments \nThe Under Secretary may perform the tasks described in paragraph (1) using the authorities provided by section 834. (c) Coordination \nIn establishing the pilot program required by subsection (a), the Secretary shall coordinate the activities being carried out under the pilot program with the following entities: (1) The Air Force Office of Concepts, Development, and Management. (2) The Air Force Office of Commercial and Economic Analysis. (3) The Special Operations Command. (4) The Defense Innovation Unit. (5) The Office of Strategic Capital established under section 148 of title 10, United States Code, as added by section 901. (6) Such other entities as the Secretary considers appropriate. (d) Regulations \nThe Secretary of Defense shall prescribe such regulations as are necessary to carry out this section. (e) Effective date \nThe Secretary may not carry out activities or exercise authorities under this section until the date that is 30 days after the date on which the Secretary submits to the congressional defense committees the regulations required by subsection (d). (f) Briefing required \nNot later than 90 days after the date of the enactment of this Act, the Under Secretary shall provide a briefing to the congressional defense committees that details implementation of the pilot program required by subsection (a). (g) Termination \nThe pilot program required by subsection (a) shall terminate on September 30, 2028. (h) Definitions \nIn this section: (1) Adversarial capital flow \nThe term adversarial capital flow means an investment by— (A) the government of a country that is an adversary of the United States; or (B) an entity organized under the laws of, or otherwise subject to the jurisdiction of, such a country. (2) Capital assistance \nThe term capital assistance has the meaning given that term in section 834.", "id": "idac03f8ff8e354490bc31870968620c76", "header": "Pilot program on protecting access to critical assets", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall establish a pilot program within the Office of the Under Secretary of Defense for Acquisition and Sustainment under which the Under Secretary will conduct and coordinate assessments, support industrial base decision-making, and provide mitigation measures to counter adversarial capital flows into industries or businesses of interest to the Department of Defense intended to undermine or deny— (1) the access of the United States to key capabilities; or (2) the ability of the United States to place such capabilities in physical locations necessary for national security functions.", "id": "idf7242d690eb749efa118d1743b053bb8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \n(1) In general \nUnder the pilot program required by subsection (a), the Under Secretary may perform the following tasks: (A) Conduct coordinated and integrated analysis of adversarial capital flows into industries or businesses of interest to the Department of Defense. (B) Support coordination and outreach with technology scouting and acquisition elements of the Department to support the investment decision-making of those elements and consideration of how to counteract entities employing adversarial capital flows against industries or businesses described in subparagraph (A), including the employment of relevant authorities vested in other components of the Department and the Federal Government. (C) Identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, modernization, and repair of tangible and intangible assets vital to the national security of the United States. (D) Protect tangible and intangible assets vital to the national security of the United States from theft, acquisition, and transfer by adversaries or strategic competitors of the United States. (E) Provide capital assistance to entities engaged in investments that facilitate the efforts of the Under Secretary under subparagraphs (C) and (D) utilizing existing authorities available to the Department, such as the authority provided under section 834. (F) Experiment, prototype, test, or validate Government-developed or commercially developed analytical tools, processes, and tradecraft to improve the due diligence and investment analysis processes for the Department. (2) Use of certain financial instruments \nThe Under Secretary may perform the tasks described in paragraph (1) using the authorities provided by section 834.", "id": "ide239af0a5d2d416b8f77b3318c9c4344", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Coordination \nIn establishing the pilot program required by subsection (a), the Secretary shall coordinate the activities being carried out under the pilot program with the following entities: (1) The Air Force Office of Concepts, Development, and Management. (2) The Air Force Office of Commercial and Economic Analysis. (3) The Special Operations Command. (4) The Defense Innovation Unit. (5) The Office of Strategic Capital established under section 148 of title 10, United States Code, as added by section 901. (6) Such other entities as the Secretary considers appropriate.", "id": "idacc6ee3d505a45fdbab32bae8f631907", "header": "Coordination", "nested": [], "links": [] }, { "text": "(d) Regulations \nThe Secretary of Defense shall prescribe such regulations as are necessary to carry out this section.", "id": "ida88954935fc94b72963d247136f79d89", "header": "Regulations", "nested": [], "links": [] }, { "text": "(e) Effective date \nThe Secretary may not carry out activities or exercise authorities under this section until the date that is 30 days after the date on which the Secretary submits to the congressional defense committees the regulations required by subsection (d).", "id": "idc062f02a06a64e94ba5dfa83ce42d22e", "header": "Effective date", "nested": [], "links": [] }, { "text": "(f) Briefing required \nNot later than 90 days after the date of the enactment of this Act, the Under Secretary shall provide a briefing to the congressional defense committees that details implementation of the pilot program required by subsection (a).", "id": "id6de3590929ff44a2b1cfd0a8f459fc8d", "header": "Briefing required", "nested": [], "links": [] }, { "text": "(g) Termination \nThe pilot program required by subsection (a) shall terminate on September 30, 2028.", "id": "ida0ed0862594a4ff9b2382baa4188825e", "header": "Termination", "nested": [], "links": [] }, { "text": "(h) Definitions \nIn this section: (1) Adversarial capital flow \nThe term adversarial capital flow means an investment by— (A) the government of a country that is an adversary of the United States; or (B) an entity organized under the laws of, or otherwise subject to the jurisdiction of, such a country. (2) Capital assistance \nThe term capital assistance has the meaning given that term in section 834.", "id": "id9865698b023b481c8a8b5c657352399a", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "908. Extension of mission management pilot program \nSection 871 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 191 note) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking In general.—Except and inserting the following: “ In general.— (A) Selection \nExcept ; and (ii) by adding at the end the following new subparagraph: (B) Delegation of oversight and management \nThe Deputy Secretary of Defense may delegate one or more mission managers to oversee the selected missions and provide management around mission outcomes. ; and (B) by adding at the end the following new paragraph: (4) Identification of funding \nFor each mission selected under paragraph (1), the Deputy Secretary of Defense shall identify funding sources in detail in defense budget materials for budgets submitted to Congress pursuant to section 1105 of title 31, United States Code, with selected missions and solution detailed in materials for each budgetary item associated with a selected mission. ; (2) in subsection (c)(2)— (A) in subparagraph (E), by striking ; and and inserting a semicolon; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following new subparagraph: (F) assist the Deputy Secretary of Defense in the identification of funding that could contribute to the mission, including through existing authorized methods to realign, reprogram, or transfer funds; and ; (3) in subsection (f)(1)(A), by striking every six months thereafter until the date that is five years after the date of the enactment of this Act and inserting annually thereafter until September 30, 2031 ; and (4) in subsection (h), by striking terminate on the date that is five years after the date of the enactment of this Act and inserting terminate on September 30, 2031.", "id": "ID8f78a4fe936449d4924a7e658cd47ae8", "header": "Extension of mission management pilot program", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 191", "legal-doc": "usc", "parsable-cite": "usc/10/191" } ] }, { "text": "909. Conforming amendments to carry out elimination of position of Chief Management Officer \n(a) Removal of references to Chief Management Officer in provisions of law relating to precedence \nChapter 4 of title 10, United States Code, is amended— (1) in section 133a(c)— (A) in paragraph (1), by striking , the Deputy Secretary of Defense, and the Chief Management Officer of the Department of Defense and inserting and the Deputy Secretary of Defense ; and (B) in paragraph (2), by striking the Chief Management Officer, ; (2) in section 133b(c)— (A) in paragraph (1), by striking the Chief Management Officer of the Department of Defense, ; and (B) in paragraph (2), by striking the Chief Management Officer, ; (3) in section 137a(d), by striking the Chief Management Officer of the Department of Defense, ; and (4) in section 138(d), by striking the Chief Management Officer of the Department of Defense,. (b) Assignment of periodic review of Defense Agencies and Department of Defense field activities to Secretary of Defense \nSection 192(c) of such title is amended— (1) in paragraph (1)— (A) in subparagraph (A), in the first sentence, by striking the Chief Management Officer of the Department of Defense and inserting the Secretary of Defense ; and (B) in subparagraphs (B) and (C), by striking the Chief Management Officer and inserting the Secretary ; and (2) in paragraph (2), by striking the Chief Management Officer each place it appears and inserting the Secretary. (c) Assignment of responsibility for financial improvement and audit remediation to under Secretary of Defense (Comptroller) \nSection 240b of such title is amended— (1) in subsection (a)(1), by striking The Chief Management Officer of the Department of Defense shall, in consultation with the Under Secretary of Defense (Comptroller), and inserting The Under Secretary of Defense (Comptroller) shall, in consultation with the Performance Improvement Officer of the Department of Defense, ; and (2) in subsection (b)(1)(C)(ii), by striking the Chief Management Officer and inserting the Performance Improvement Officer. (d) Removal of Chief Management Officer as recipient of reports of audits by external auditors \nSection 240d(d)(1)(A) of such title is amended by striking and the Chief Management Officer of the Department of Defense. (e) Conforming amendments to provisions of law related to Freedom of Information Act exemptions \nSuch title is further amended— (1) in section 130e— (A) by striking subsection (d); (B) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and (C) in subsection (d), as so redesignated— (i) in the first sentence, by striking , or the Secretary's designee, ; and (ii) in the second sentence, by striking , through the Office of the Director of Administration and Management ; and (2) in section 2254a— (A) by striking subsection (c); (B) by redesignating subsection (d) as subsection (c); and (C) in subsection (c), as so redesignated— (i) in the first sentence, by striking , or the Secretary's designee, ; and (ii) in the second sentence, by striking , through the Office of the Director of Administration and Management. (f) Removal of Chief Management Officer as required coordinator on defense resale matters \nSection 631(a) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2481 note) is amended by striking , in coordination with the Chief Management Officer of the Department of Defense,.", "id": "idefe33d491bc5466eae7cb1f3f7cb47f1", "header": "Conforming amendments to carry out elimination of position of Chief Management Officer", "nested": [ { "text": "(a) Removal of references to Chief Management Officer in provisions of law relating to precedence \nChapter 4 of title 10, United States Code, is amended— (1) in section 133a(c)— (A) in paragraph (1), by striking , the Deputy Secretary of Defense, and the Chief Management Officer of the Department of Defense and inserting and the Deputy Secretary of Defense ; and (B) in paragraph (2), by striking the Chief Management Officer, ; (2) in section 133b(c)— (A) in paragraph (1), by striking the Chief Management Officer of the Department of Defense, ; and (B) in paragraph (2), by striking the Chief Management Officer, ; (3) in section 137a(d), by striking the Chief Management Officer of the Department of Defense, ; and (4) in section 138(d), by striking the Chief Management Officer of the Department of Defense,.", "id": "id5dda71533e75409f93b5e6593c04aa5b", "header": "Removal of references to Chief Management Officer in provisions of law relating to precedence", "nested": [], "links": [ { "text": "Chapter 4", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/4" } ] }, { "text": "(b) Assignment of periodic review of Defense Agencies and Department of Defense field activities to Secretary of Defense \nSection 192(c) of such title is amended— (1) in paragraph (1)— (A) in subparagraph (A), in the first sentence, by striking the Chief Management Officer of the Department of Defense and inserting the Secretary of Defense ; and (B) in subparagraphs (B) and (C), by striking the Chief Management Officer and inserting the Secretary ; and (2) in paragraph (2), by striking the Chief Management Officer each place it appears and inserting the Secretary.", "id": "id775ff14ee6b641f79692e901373d6b7e", "header": "Assignment of periodic review of Defense Agencies and Department of Defense field activities to Secretary of Defense", "nested": [], "links": [] }, { "text": "(c) Assignment of responsibility for financial improvement and audit remediation to under Secretary of Defense (Comptroller) \nSection 240b of such title is amended— (1) in subsection (a)(1), by striking The Chief Management Officer of the Department of Defense shall, in consultation with the Under Secretary of Defense (Comptroller), and inserting The Under Secretary of Defense (Comptroller) shall, in consultation with the Performance Improvement Officer of the Department of Defense, ; and (2) in subsection (b)(1)(C)(ii), by striking the Chief Management Officer and inserting the Performance Improvement Officer.", "id": "id81320c0175834db6be3594d3b99ad1c8", "header": "Assignment of responsibility for financial improvement and audit remediation to under Secretary of Defense (Comptroller)", "nested": [], "links": [] }, { "text": "(d) Removal of Chief Management Officer as recipient of reports of audits by external auditors \nSection 240d(d)(1)(A) of such title is amended by striking and the Chief Management Officer of the Department of Defense.", "id": "idd5b1e87214f848a8aae461be84d22930", "header": "Removal of Chief Management Officer as recipient of reports of audits by external auditors", "nested": [], "links": [] }, { "text": "(e) Conforming amendments to provisions of law related to Freedom of Information Act exemptions \nSuch title is further amended— (1) in section 130e— (A) by striking subsection (d); (B) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and (C) in subsection (d), as so redesignated— (i) in the first sentence, by striking , or the Secretary's designee, ; and (ii) in the second sentence, by striking , through the Office of the Director of Administration and Management ; and (2) in section 2254a— (A) by striking subsection (c); (B) by redesignating subsection (d) as subsection (c); and (C) in subsection (c), as so redesignated— (i) in the first sentence, by striking , or the Secretary's designee, ; and (ii) in the second sentence, by striking , through the Office of the Director of Administration and Management.", "id": "id11f4a8ebb22c4779b1a2795ec1ff58c5", "header": "Conforming amendments to provisions of law related to Freedom of Information Act exemptions", "nested": [], "links": [] }, { "text": "(f) Removal of Chief Management Officer as required coordinator on defense resale matters \nSection 631(a) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2481 note) is amended by striking , in coordination with the Chief Management Officer of the Department of Defense,.", "id": "id91f0702be2b2494aa315dd020fdc8ce6", "header": "Removal of Chief Management Officer as required coordinator on defense resale matters", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "10 U.S.C. 2481", "legal-doc": "usc", "parsable-cite": "usc/10/2481" } ] } ], "links": [ { "text": "Chapter 4", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/4" }, { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "10 U.S.C. 2481", "legal-doc": "usc", "parsable-cite": "usc/10/2481" } ] }, { "text": "921. Joint Energetics Transition Office \n(a) In general \nThe Secretary of Defense shall realign roles, responsibilities, and resources as necessary to establish a Joint Energetics Transition Office (in this section referred to as the Office ). (b) Responsibilities \nThe Office shall— (1) develop and periodically update an energetic materials strategic plan and investment strategy to guide current and future investments in new and legacy energetic materials and technologies, including by— (A) developing or supporting the development of strategies and roadmaps, under the future-years defense program under section 221 of title 10, United States Code, and the program objective memorandum process, for energetic materials and technologies; and (B) initiating special studies or analyses to inform the program objective memorandum process; (2) coordinate and synchronize existing research, development, test, and evaluation efforts in energetic materials across the Department of Defense to identify promising new energetic materials and technologies— (A) to mature, integrate, prototype, and demonstrate novel energetic materials and technologies, including classification and characterization testing of new materials and manufacturing technologies; (B) to expedite testing, evaluation, and acquisition of energetic materials and technologies to meet the emergent needs of the Department, including the rapid integration of promising new materials and other promising energetic compounds into existing and planned weapons platforms; and (C) to identify existing or establish new prototyping demonstration venues to integrate advanced technologies that speed the maturation and deployment of future energetic materials; (3) oversee a process to expedite the qualification process for energetic materials, from discovery through integration into weapon systems, and recommend changes to laws, regulations, and policies that present barriers that extend timelines for that process; and (4) carry out such other responsibilities relating to energetic materials as the Secretary shall specify. (c) Report required \nThe Deputy Secretary of Defense shall submit to the congressional defense committees— (1) not later than 60 days after the date of the enactment of this Act, a report on the status of the establishment of the Office under subsection (a); and (2) not later than one year after such date of enactment, a report on the measures taken to provide the Office with the staff and resources necessary for the Office to carry out its responsibilities under subsection (b).", "id": "id39eef4e74e4c439f89dff2386941bc67", "header": "Joint Energetics Transition Office", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall realign roles, responsibilities, and resources as necessary to establish a Joint Energetics Transition Office (in this section referred to as the Office ).", "id": "idb2a1170169744eb6ae1748e6e233863d", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Responsibilities \nThe Office shall— (1) develop and periodically update an energetic materials strategic plan and investment strategy to guide current and future investments in new and legacy energetic materials and technologies, including by— (A) developing or supporting the development of strategies and roadmaps, under the future-years defense program under section 221 of title 10, United States Code, and the program objective memorandum process, for energetic materials and technologies; and (B) initiating special studies or analyses to inform the program objective memorandum process; (2) coordinate and synchronize existing research, development, test, and evaluation efforts in energetic materials across the Department of Defense to identify promising new energetic materials and technologies— (A) to mature, integrate, prototype, and demonstrate novel energetic materials and technologies, including classification and characterization testing of new materials and manufacturing technologies; (B) to expedite testing, evaluation, and acquisition of energetic materials and technologies to meet the emergent needs of the Department, including the rapid integration of promising new materials and other promising energetic compounds into existing and planned weapons platforms; and (C) to identify existing or establish new prototyping demonstration venues to integrate advanced technologies that speed the maturation and deployment of future energetic materials; (3) oversee a process to expedite the qualification process for energetic materials, from discovery through integration into weapon systems, and recommend changes to laws, regulations, and policies that present barriers that extend timelines for that process; and (4) carry out such other responsibilities relating to energetic materials as the Secretary shall specify.", "id": "id317bcfe80cbe41359fae8345156b0784", "header": "Responsibilities", "nested": [], "links": [] }, { "text": "(c) Report required \nThe Deputy Secretary of Defense shall submit to the congressional defense committees— (1) not later than 60 days after the date of the enactment of this Act, a report on the status of the establishment of the Office under subsection (a); and (2) not later than one year after such date of enactment, a report on the measures taken to provide the Office with the staff and resources necessary for the Office to carry out its responsibilities under subsection (b).", "id": "idb6366a958e9f4b6babc03382b669ac43", "header": "Report required", "nested": [], "links": [] } ], "links": [] }, { "text": "922. Transition of oversight responsibility for the Defense Technology Security Administration \n(a) Plan required \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall develop a transition plan to realign the Defense Technology Security Administration under the authority, direction, and control of the Assistant Secretary of Defense for Industrial Base Policy. (b) Submission of plan \nNot later than 7 days after the date on which the Secretary completes development of the plan required by subsection (a), the Secretary shall submit the plan to the congressional defense committees. (c) Implementation of plan \nNot later than 180 days after the date on which the Secretary completes development of the plan required by subsection (a), the Secretary shall realign the Defense Technology Security Administration under the authority, direction, and control of the Assistant Secretary of Defense for Industrial Base Policy.", "id": "id549827c140414ad1bebe46c5e4e1ea64", "header": "Transition of oversight responsibility for the Defense Technology Security Administration", "nested": [ { "text": "(a) Plan required \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall develop a transition plan to realign the Defense Technology Security Administration under the authority, direction, and control of the Assistant Secretary of Defense for Industrial Base Policy.", "id": "ida76a88546bbe4444bcdc68a386684bdf", "header": "Plan required", "nested": [], "links": [] }, { "text": "(b) Submission of plan \nNot later than 7 days after the date on which the Secretary completes development of the plan required by subsection (a), the Secretary shall submit the plan to the congressional defense committees.", "id": "id580f55dde0c9405ba4941852a1187f3f", "header": "Submission of plan", "nested": [], "links": [] }, { "text": "(c) Implementation of plan \nNot later than 180 days after the date on which the Secretary completes development of the plan required by subsection (a), the Secretary shall realign the Defense Technology Security Administration under the authority, direction, and control of the Assistant Secretary of Defense for Industrial Base Policy.", "id": "id4cecaba7dc274d9eb2ff7da8d610afa1", "header": "Implementation of plan", "nested": [], "links": [] } ], "links": [] }, { "text": "923. Integrated and authenticated access to Department of Defense systems for certain congressional staff for oversight purposes \nSection 1046(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended— (1) in paragraph (1)(B), by striking ; and and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) to the extent feasible, be integrated with software used by the Department of Defense Parking Management Office to validate parking requests..", "id": "id770FEAB6641A41CB92EBD0E549A09531", "header": "Integrated and authenticated access to Department of Defense systems for certain congressional staff for oversight purposes", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "924. Integration of productivity software suites for scheduling data \nThe Secretary of Defense shall ensure that the Department of Defense is capable of scheduling congressional engagements in a digitally interoperable manner by not later than February 25, 2024, either through— (1) integrating the productivity software suite of the Department of Defense with the productivity software suite of the congressional defense committees; or (2) enabling the automated transmission of scheduling data through another software solution.", "id": "idFC0E95A7BD744C379956468D3B9E1047", "header": "Integration of productivity software suites for scheduling data", "nested": [], "links": [] }, { "text": "925. Operationalizing audit readiness \n(a) Metrics required \n(1) In general \nThe Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a set of command audit metrics that link existing audit readiness goals and metrics for the financial management community with unit leadership goals and metrics to provide operationally relevant performance measures for use by unit commanders. (2) Leveraging support \nIn developing the metrics required by paragraph (1), the Secretary may leverage support from an existing federally funded research and development center or university-affiliated research center. (3) Deadline \nAn initial set of metrics shall be developed and implemented under paragraph (1) not later than April 30, 2025. (b) Training \n(1) In general \nThe President of the Defense Acquisition University shall develop training curricula to support the workforce of the Department of Defense in understanding, implementing, and utilizing the metrics developed under subsection (a) in the day-to-day performance of their command and leadership duties. (2) Deadline \nAn initial training curriculum shall be developed and implemented under paragraph (1) not later than April 30, 2025. (c) Leader performance assessments \n(1) In general \nThe Secretary of Defense, in coordination with the Secretaries of the military departments, shall evaluate means by which the metrics developed under subsection (a) can be used in the performance evaluation of unit commanders. (2) Briefing required \nNot later than September 30, 2024, the Secretary shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the evaluation conducted under paragraph (1). The briefing shall include the following elements: (A) Identification of the appropriate command echelon at which to assess unit leader performance using the metrics developed under subsection (a). (B) Evaluations of available measures to reward superior or above average performance with respect to such metrics. (C) Assessment of the potential value, and challenges, to integrating such measures into the annual performance evaluations for designated unit leaders. (D) Any other issues the Secretary considers appropriate.", "id": "ide23298eb5f854a21bb47f42c11509848", "header": "Operationalizing audit readiness", "nested": [ { "text": "(a) Metrics required \n(1) In general \nThe Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a set of command audit metrics that link existing audit readiness goals and metrics for the financial management community with unit leadership goals and metrics to provide operationally relevant performance measures for use by unit commanders. (2) Leveraging support \nIn developing the metrics required by paragraph (1), the Secretary may leverage support from an existing federally funded research and development center or university-affiliated research center. (3) Deadline \nAn initial set of metrics shall be developed and implemented under paragraph (1) not later than April 30, 2025.", "id": "id763d1ae100cb4d4fa5ecbadcf48c6c7f", "header": "Metrics required", "nested": [], "links": [] }, { "text": "(b) Training \n(1) In general \nThe President of the Defense Acquisition University shall develop training curricula to support the workforce of the Department of Defense in understanding, implementing, and utilizing the metrics developed under subsection (a) in the day-to-day performance of their command and leadership duties. (2) Deadline \nAn initial training curriculum shall be developed and implemented under paragraph (1) not later than April 30, 2025.", "id": "id43920edcea074f0aae3cd5a6dd908a09", "header": "Training", "nested": [], "links": [] }, { "text": "(c) Leader performance assessments \n(1) In general \nThe Secretary of Defense, in coordination with the Secretaries of the military departments, shall evaluate means by which the metrics developed under subsection (a) can be used in the performance evaluation of unit commanders. (2) Briefing required \nNot later than September 30, 2024, the Secretary shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the evaluation conducted under paragraph (1). The briefing shall include the following elements: (A) Identification of the appropriate command echelon at which to assess unit leader performance using the metrics developed under subsection (a). (B) Evaluations of available measures to reward superior or above average performance with respect to such metrics. (C) Assessment of the potential value, and challenges, to integrating such measures into the annual performance evaluations for designated unit leaders. (D) Any other issues the Secretary considers appropriate.", "id": "ida3d6fa1799454d81a8f7454179467fa0", "header": "Leader performance assessments", "nested": [], "links": [] } ], "links": [] }, { "text": "926. Next generation business health metrics \n(a) Metrics required \nThe Secretary of Defense, acting through the Director of Administration and Management and in coordination with the Secretaries of the military departments, shall develop an updated set of business health metrics to inform decision-making by senior leaders of the Department of Defense. (b) Elements \nIn developing the metrics required by subsection (a), the Director shall— (1) using the current literature on performance measurement, determine what additional new metrics should be implemented, or current metrics should be adapted, to reduce output-based measures and emphasize objective, measurable indicators aligned to enduring strategic goals of the Department of Defense; (2) assess the current business processes of the Department and provide recommendations to align the metrics with available data sources to determine what gaps might exist in such processes; (3) ensure that data can be collected automatically and, on a long-term basis, in a manner that provides for longitudinal analysis; (4) link the metrics with the Strategic Management Plan and other performance documents guiding the Department; (5) identify any shortfalls in resources, data, training, policy, or law that could be an impediment to implementing the metrics; (6) revise leading and lagging indicators associated with each such metric to provide a benchmark against which to assess progress; (7) improve visualization of and comprehension for the use of the metrics in data-driven decision-making, including adoption of new policies and training as needed; (8) incorporate the ability to aggregate and disaggregate data to provide the ability to focus on functional, component-level metrics; and (9) increase standardization of the use and collection of business health metrics across the Department. (c) Additional support \nIn developing the metrics required by subsection (a), the Director may leverage support from an existing federally funded research and development center or university-affiliated research center. (d) Briefing required \nNot later than January 30, 2025, the Director shall brief the Committees on Armed Services of the Senate and the House of Representatives on the development of the metrics required by subsection (a).", "id": "id4e6034be1cc04e42931496295313c34a", "header": "Next generation business health metrics", "nested": [ { "text": "(a) Metrics required \nThe Secretary of Defense, acting through the Director of Administration and Management and in coordination with the Secretaries of the military departments, shall develop an updated set of business health metrics to inform decision-making by senior leaders of the Department of Defense.", "id": "id185474a0c43c4ee6ac08650b8126329f", "header": "Metrics required", "nested": [], "links": [] }, { "text": "(b) Elements \nIn developing the metrics required by subsection (a), the Director shall— (1) using the current literature on performance measurement, determine what additional new metrics should be implemented, or current metrics should be adapted, to reduce output-based measures and emphasize objective, measurable indicators aligned to enduring strategic goals of the Department of Defense; (2) assess the current business processes of the Department and provide recommendations to align the metrics with available data sources to determine what gaps might exist in such processes; (3) ensure that data can be collected automatically and, on a long-term basis, in a manner that provides for longitudinal analysis; (4) link the metrics with the Strategic Management Plan and other performance documents guiding the Department; (5) identify any shortfalls in resources, data, training, policy, or law that could be an impediment to implementing the metrics; (6) revise leading and lagging indicators associated with each such metric to provide a benchmark against which to assess progress; (7) improve visualization of and comprehension for the use of the metrics in data-driven decision-making, including adoption of new policies and training as needed; (8) incorporate the ability to aggregate and disaggregate data to provide the ability to focus on functional, component-level metrics; and (9) increase standardization of the use and collection of business health metrics across the Department.", "id": "id8e89d840e02f4fd59baa0414e106dc1a", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Additional support \nIn developing the metrics required by subsection (a), the Director may leverage support from an existing federally funded research and development center or university-affiliated research center.", "id": "idbe371807b04247f39bcdcdbef9e1e4ad", "header": "Additional support", "nested": [], "links": [] }, { "text": "(d) Briefing required \nNot later than January 30, 2025, the Director shall brief the Committees on Armed Services of the Senate and the House of Representatives on the development of the metrics required by subsection (a).", "id": "idd5794c789a134899b5b9e31498ece7c9", "header": "Briefing required", "nested": [], "links": [] } ], "links": [] }, { "text": "927. Independent assessment of defense business enterprise architecture \n(a) In general \nThe Secretary of Defense shall select a federally funded research and development center or a university affiliated research center to conduct an independent assessment of the defense business enterprise architecture developed under section 2222(e) of title 10, United States Code. (b) Elements \nThe assessment required by subsection (a) shall include the following elements: (1) An assessment of the effectiveness of the defense business enterprise architecture as of the date of the enactment of this Act in providing an adequate and useful framework for planning, managing, and integrating the business systems of the Department of Defense. (2) A comparison of the defense business enterprise architecture with similar models in use by other government agencies in the United States, foreign governments, and major commercial entities, including an assessment of any lessons from such models that might be applied to the defense business enterprise architecture. (3) An assessment of the adequacy of the defense business enterprise architecture in informing business process reengineering and being sufficiently responsive to changes in business processes over time. (4) An identification of any shortfalls or implementation challenges in the utility of the defense business enterprise architecture. (5) Recommendations for replacement of the existing defense business enterprise architecture or for modifications to the existing architecture to make that architecture and the process for updating that architecture more effective and responsive to the business process needs of the Department. (c) Interim briefing \nNot later than April 1, 2024, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the assessment required by subsection (a). (d) Final report \nNot later than January 30, 2025, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the assessment required by subsection (a).", "id": "id367f3cbfe1d14356b4fbfa8773bb211e", "header": "Independent assessment of defense business enterprise architecture", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall select a federally funded research and development center or a university affiliated research center to conduct an independent assessment of the defense business enterprise architecture developed under section 2222(e) of title 10, United States Code.", "id": "ida97fb8361d5540b68f0b0351ba325fa2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe assessment required by subsection (a) shall include the following elements: (1) An assessment of the effectiveness of the defense business enterprise architecture as of the date of the enactment of this Act in providing an adequate and useful framework for planning, managing, and integrating the business systems of the Department of Defense. (2) A comparison of the defense business enterprise architecture with similar models in use by other government agencies in the United States, foreign governments, and major commercial entities, including an assessment of any lessons from such models that might be applied to the defense business enterprise architecture. (3) An assessment of the adequacy of the defense business enterprise architecture in informing business process reengineering and being sufficiently responsive to changes in business processes over time. (4) An identification of any shortfalls or implementation challenges in the utility of the defense business enterprise architecture. (5) Recommendations for replacement of the existing defense business enterprise architecture or for modifications to the existing architecture to make that architecture and the process for updating that architecture more effective and responsive to the business process needs of the Department.", "id": "id46841badc9e84ad888052f38ef3d8c96", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Interim briefing \nNot later than April 1, 2024, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the assessment required by subsection (a).", "id": "idb86bb1507a5847e69bc6b14d35934683", "header": "Interim briefing", "nested": [], "links": [] }, { "text": "(d) Final report \nNot later than January 30, 2025, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the assessment required by subsection (a).", "id": "iddd407d5f425448b484dcea213ea28d00", "header": "Final report", "nested": [], "links": [] } ], "links": [] }, { "text": "928. Limitation on establishment of new diversity, equity, and inclusion positions; hiring freeze \n(a) In general \nDuring the period described in subsection (b), the Secretary of Defense may not— (1) establish any new positions within the Department of Defense with responsibility for matters relating to diversity, equity, and inclusion; or (2) fill any vacancies in positions in the Department with responsibility for such matters. (b) Period described \nThe period described in this subsection is the period— (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the Comptroller General of the United States submits to Congress the review of the Department of Defense diversity, equity, and inclusion workforce required by the report of the Committee on Armed Services of the Senate accompanying the National Defense Authorization Act for Fiscal Year 2024.", "id": "id1c527547ffde41dd9e9cfa73dd343a23", "header": "Limitation on establishment of new diversity, equity, and inclusion positions; hiring freeze", "nested": [ { "text": "(a) In general \nDuring the period described in subsection (b), the Secretary of Defense may not— (1) establish any new positions within the Department of Defense with responsibility for matters relating to diversity, equity, and inclusion; or (2) fill any vacancies in positions in the Department with responsibility for such matters.", "id": "id74768bde6c604b38a236044b277d00a4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Period described \nThe period described in this subsection is the period— (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the Comptroller General of the United States submits to Congress the review of the Department of Defense diversity, equity, and inclusion workforce required by the report of the Committee on Armed Services of the Senate accompanying the National Defense Authorization Act for Fiscal Year 2024.", "id": "id058f5c16537041a5bc84617a8cc65d0a", "header": "Period described", "nested": [], "links": [] } ], "links": [] }, { "text": "1001. General transfer authority \n(a) Authority To transfer authorizations \n(1) Authority \nUpon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2024 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) Limitation \nExcept as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000. (3) Exception for transfers between military personnel authorizations \nA transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). (b) Limitations \nThe authority provided by subsection (a) to transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) Effect on authorization amounts \nA transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (d) Notice to Congress \nThe Secretary shall promptly notify Congress of each transfer made under subsection (a).", "id": "id2F47BDF4D0F44C13B3311968918F0F4B", "header": "General transfer authority", "nested": [ { "text": "(a) Authority To transfer authorizations \n(1) Authority \nUpon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2024 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) Limitation \nExcept as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000. (3) Exception for transfers between military personnel authorizations \nA transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).", "id": "ida28189711c344fbb8f2119b0de7933b8", "header": "Authority To transfer authorizations", "nested": [], "links": [] }, { "text": "(b) Limitations \nThe authority provided by subsection (a) to transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress.", "id": "id9e7d937209034e0fa0818a5adf414e61", "header": "Limitations", "nested": [], "links": [] }, { "text": "(c) Effect on authorization amounts \nA transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.", "id": "idfbdfab9761aa4b62bebd257a45d551b0", "header": "Effect on authorization amounts", "nested": [], "links": [] }, { "text": "(d) Notice to Congress \nThe Secretary shall promptly notify Congress of each transfer made under subsection (a).", "id": "id03227dd5173f4830804abde7c985e080", "header": "Notice to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "1002. Annual report on budget prioritization by Secretary of Defense and military departments \n(a) In general \nChapter 9 of title 10, United States Code, is amended by inserting after section 222d the following new section: 222e. Programs, projects, and activities that were internally reduced or eliminated in the submission of the President’s budget: annual report \n(a) In general \nThe Secretary of Defense, acting through the Secretaries of the military departments and the officers of Department of Defense agencies and offices not under the control of a Secretary of a military department, shall submit to the congressional defense committees each year, not later than 15 days after the submission of the budget of the President for the fiscal year beginning in such year under section 1105(a) of title 31, a report that includes organized tabulations of programs, projects, and activities the total obligational authority for which was reduced or eliminated in the current budget year proposal compared to the prior-year projection for the current year. (b) Elements \nThe tabulations required under subsection (a) shall include, for each program, project, or activity that was internally reduced or eliminated, the following elements: (1) Whether the program, project, or activity was eliminated or reduced and which fiscal year it was eliminated or reduced in. (2) Appropriations sub-account. (3) The appropriate program element, line item number, or sub-activity group. (4) Program, project, or activity name. (5) Prior year enacted appropriation. (6) Prior year projected current year budget. (7) Current year budget request. (8) If applicable, the amount reduced or saved by the current year elimination or reduction over the future years defense plan. (9) The rationale for reduction or elimination. (c) Form \nThe report required under subsection (a) shall be submitted in machine readable, electronic form.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 222d the following new item: 222e. Programs, projects, and activities that were internally reduced or eliminated in the submission of the President’s budget: annual report..", "id": "ID972d10357c93417dbd6d4b7c2ee139d9", "header": "Annual report on budget prioritization by Secretary of Defense and military departments", "nested": [ { "text": "(a) In general \nChapter 9 of title 10, United States Code, is amended by inserting after section 222d the following new section: 222e. Programs, projects, and activities that were internally reduced or eliminated in the submission of the President’s budget: annual report \n(a) In general \nThe Secretary of Defense, acting through the Secretaries of the military departments and the officers of Department of Defense agencies and offices not under the control of a Secretary of a military department, shall submit to the congressional defense committees each year, not later than 15 days after the submission of the budget of the President for the fiscal year beginning in such year under section 1105(a) of title 31, a report that includes organized tabulations of programs, projects, and activities the total obligational authority for which was reduced or eliminated in the current budget year proposal compared to the prior-year projection for the current year. (b) Elements \nThe tabulations required under subsection (a) shall include, for each program, project, or activity that was internally reduced or eliminated, the following elements: (1) Whether the program, project, or activity was eliminated or reduced and which fiscal year it was eliminated or reduced in. (2) Appropriations sub-account. (3) The appropriate program element, line item number, or sub-activity group. (4) Program, project, or activity name. (5) Prior year enacted appropriation. (6) Prior year projected current year budget. (7) Current year budget request. (8) If applicable, the amount reduced or saved by the current year elimination or reduction over the future years defense plan. (9) The rationale for reduction or elimination. (c) Form \nThe report required under subsection (a) shall be submitted in machine readable, electronic form..", "id": "id92C6C692FB094EB38C264D5349F288D2", "header": "In general", "nested": [], "links": [ { "text": "Chapter 9", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/9" }, { "text": "section 222d", "legal-doc": "usc", "parsable-cite": "usc/10/222d" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 222d the following new item: 222e. Programs, projects, and activities that were internally reduced or eliminated in the submission of the President’s budget: annual report..", "id": "idD1141A2097104309B5BC2D5BE39FE7AA", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 9", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/9" }, { "text": "section 222d", "legal-doc": "usc", "parsable-cite": "usc/10/222d" } ] }, { "text": "222e. Programs, projects, and activities that were internally reduced or eliminated in the submission of the President’s budget: annual report \n(a) In general \nThe Secretary of Defense, acting through the Secretaries of the military departments and the officers of Department of Defense agencies and offices not under the control of a Secretary of a military department, shall submit to the congressional defense committees each year, not later than 15 days after the submission of the budget of the President for the fiscal year beginning in such year under section 1105(a) of title 31, a report that includes organized tabulations of programs, projects, and activities the total obligational authority for which was reduced or eliminated in the current budget year proposal compared to the prior-year projection for the current year. (b) Elements \nThe tabulations required under subsection (a) shall include, for each program, project, or activity that was internally reduced or eliminated, the following elements: (1) Whether the program, project, or activity was eliminated or reduced and which fiscal year it was eliminated or reduced in. (2) Appropriations sub-account. (3) The appropriate program element, line item number, or sub-activity group. (4) Program, project, or activity name. (5) Prior year enacted appropriation. (6) Prior year projected current year budget. (7) Current year budget request. (8) If applicable, the amount reduced or saved by the current year elimination or reduction over the future years defense plan. (9) The rationale for reduction or elimination. (c) Form \nThe report required under subsection (a) shall be submitted in machine readable, electronic form.", "id": "id345C6B90042A44A9B26E2008712B247B", "header": "Programs, projects, and activities that were internally reduced or eliminated in the submission of the President’s budget: annual report", "nested": [ { "text": "(a) In general \nThe Secretary of Defense, acting through the Secretaries of the military departments and the officers of Department of Defense agencies and offices not under the control of a Secretary of a military department, shall submit to the congressional defense committees each year, not later than 15 days after the submission of the budget of the President for the fiscal year beginning in such year under section 1105(a) of title 31, a report that includes organized tabulations of programs, projects, and activities the total obligational authority for which was reduced or eliminated in the current budget year proposal compared to the prior-year projection for the current year.", "id": "idBDC2DC67D6DD4E579B87C368B1DF3B9A", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe tabulations required under subsection (a) shall include, for each program, project, or activity that was internally reduced or eliminated, the following elements: (1) Whether the program, project, or activity was eliminated or reduced and which fiscal year it was eliminated or reduced in. (2) Appropriations sub-account. (3) The appropriate program element, line item number, or sub-activity group. (4) Program, project, or activity name. (5) Prior year enacted appropriation. (6) Prior year projected current year budget. (7) Current year budget request. (8) If applicable, the amount reduced or saved by the current year elimination or reduction over the future years defense plan. (9) The rationale for reduction or elimination.", "id": "id520e7837352040ffb8026c4ea6d78fbf", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Form \nThe report required under subsection (a) shall be submitted in machine readable, electronic form.", "id": "idd99c146aca7a4426a709e6049d55cd77", "header": "Form", "nested": [], "links": [] } ], "links": [] }, { "text": "1003. Additional reporting requirements related to unfunded priorities \nSection 222a(c)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (E) For each priority— (i) the requirement that will be addressed which is not in the base budget request; (ii) the reason why the priority was not included in the base budget request; (iii) a description of previous funding to address the requirement; (iv) an assessment of the impact of the priority on the future years defense plan..", "id": "id7d939f0b587543abbf57aa26c54eb5d5", "header": "Additional reporting requirements related to unfunded priorities", "nested": [], "links": [] }, { "text": "1004. Sense of the Senate on need for emergency supplemental appropriations \nIt is the sense of the Senate that— (1) section 101 of the Fiscal Responsibility Act of 2023 ( Public Law 118–5 ) imposes limits on discretionary spending in the defense and nondefense categories; (2) if those spending limits for either category are breached, then across-the-board sequestration cuts are triggered on that category to eliminate the breach; (3) the enactment of authorization and appropriations legislation for the Department of Defense will provide inherent cost savings that continuing resolutions do not provide; (4) there are growing national security concerns that require additional funds beyond the revised security spending limit, to include continued support to the Ukrainian armed forces, additional munitions production, additional large surface combatants, shipbuilding industrial base modernization investments, submarine industrial base and supply chain management, additional production of wheeled and tracked combat vehicles, and emergent capabilities and exercises in the United States Indo-Pacific Command; (5) as the Senate Majority Leader Chuck Schumer stated on June 1, 2023, This debt ceiling deal does nothing to limit the Senate’s ability to appropriate emergency/supplemental funds to ensure our military capabilities are sufficient to deter China, Russia, and our other adversaries and respond to ongoing and growing national security threats, including Russia’s ongoing war of aggression against Ukraine, our ongoing competition with China and its growing threat to Taiwan, Iranian threats to American interests and those of our partners in the Middle East, or any other emerging security crisis; nor does this debt ceiling deal limit the Senate’s ability to appropriate emergency/supplemental funds to respond to various national issues, such as disaster relief, or combating the fentanyl crisis, or other issues of national importance. ; and (6) the President should expeditiously send emergency funding requests to the Senate for consideration so that those needs can receive sufficient and additional funds.", "id": "id32d8f13c8d364325bb411607b988caff", "header": " Sense of the Senate on need for emergency supplemental appropriations", "nested": [], "links": [ { "text": "Public Law 118–5", "legal-doc": "public-law", "parsable-cite": "pl/118/5" } ] }, { "text": "1011. Disruption of fentanyl trafficking \n(a) Sense of Senate \nIt is the sense of the Senate that— (1) fentanyl trafficking across the borders of the United States, and the consequences of that trafficking, constitute an unprecedented, nontraditional, and long-term threat to the national security of the United States; (2) transnational criminal organizations have established effective control over significant areas within Mexico, which has enabled the development of fentanyl production and trafficking infrastructure; (3) combating fentanyl trafficking demands— (A) improved interagency command, control, communications, and intelligence sharing to enhance the effectiveness of the interdiction of fentanyl at the borders of the United States; and (B) whole-of-government solutions comprised of an integrated and synchronized interagency organizational construct committed to dismantling the process of trafficking fentanyl from chemical precursor to production to delivery in the United States and enabling partner nations to do the same; (4) it is within the national security interest of the United States for Federal, State, and local law enforcement agencies, the Department of Defense, the Department of State, other counter-drug agencies, and stakeholders to effectively communicate and that the failure of effective communication affects the prevention, interdiction, and prosecution of fentanyl trafficking and distribution into and within the United States; and (5) the United States must partner with Mexico and Canada to combat fentanyl trafficking through institution building, the dismantling of cartels, and seizures of fentanyl in Mexico, Canada, and intrastate transit zones. (b) Development of strategy to counter fentanyl trafficking and report \n(1) Strategy \n(A) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with other Federal agencies as the Secretary considers appropriate, shall develop and submit to the appropriate congressional committees a strategy to use existing authorities, including the authorities under section 124 of title 10, United States Code, as appropriate, to target, disrupt, or degrade threats to the national security of the United States caused or exacerbated by fentanyl trafficking. (B) Contents \nThe strategy required by subparagraph (A) shall outline how the Secretary of Defense will— (i) leverage existing authorities regarding counterdrug and counter-transnational organized crime activities with a counter-fentanyl nexus to detect and monitor activities related to fentanyl trafficking; (ii) support operations to counter fentanyl trafficking carried out by other Federal agencies, State, Tribal, and local law enforcement agencies, or foreign security forces; (iii) coordinate efforts of the Department of Defense for the detection and monitoring of aerial, maritime, and surface traffic suspected of carrying fentanyl bound for the United States, including efforts to unify the use of technology, surveillance, and related resources across air, land, and maritime domains to counter fentanyl trafficking, including with respect to data collection, data processing, and integrating sensors across such domains; (iv) provide military-unique capabilities to support activities by the United States Government and foreign security forces to detect and monitor the trafficking of fentanyl and precursor chemicals used in fentanyl production, consistent with section 284(b)(10) of title 10, United States Code; (v) leverage existing counterdrug and counter-transnational organized crime programs of the Department to counter fentanyl trafficking; (vi) assess existing training programs of the Department and provide training for Federal, State, Tribal, and local law enforcement agencies conducted by special operations forces to counter fentanyl trafficking, consistent with section 284(b) of title 10, United States Code; (vii) engage with foreign security forces to ensure the counterdrug and counter-transnational organized crime programs of the Department— (I) support efforts to counter fentanyl trafficking; and (II) build capacity to interdict fentanyl in foreign countries, including programs to train security forces in partner countries to counter fentanyl trafficking, including countering illicit flows of fentanyl precursors, consistent with sections 284(c) and 333 of title 10, United States Code; (viii) use the North American Defense Ministerial and the bilateral defense working groups and bilateral military cooperation round tables with Canada and Mexico to increase domain awareness to detect and monitor fentanyl trafficking; and (ix) evaluate existing policies, procedures, processes, and resources that affect the ability of the Department to counter fentanyl trafficking consistent with existing counterdrug and counter-transnational organized crime authorities. (C) Form \nThe strategy required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. (D) Briefing \nNot later than 45 days after the submission of the strategy required by subparagraph (A), the Secretary shall provide to the appropriate congressional committees a briefing on the strategy and plans for its implementation. (2) Report on law enforcement reimbursement \nThe Secretary of Defense shall submit to the appropriate congressional committees a report on— (A) any goods or services provided under section 1535 of title 31, United States Code (commonly known as the Economy Act ), during the period beginning on January 1, 2010, and ending on the date on which the report is submitted, by the Department of Defense to Federal civilian law enforcement agencies for counterdrug and counter-transnational organized crime operations on the southern border of the United States; and (B) any payments made for such goods or services under such section during such period. (c) Cooperation with Mexico \n(1) In general \nThe Secretary of Defense shall seek to enhance cooperation with defense officials of the Government of Mexico to target, disrupt, and degrade transnational criminal organizations within Mexico that traffic fentanyl. (2) Report on enhanced security cooperation \n(A) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on efforts to enhance cooperation with defense officials of the Government of Mexico specified in paragraph (1). (B) Contents \nThe report required by subparagraph (A) shall include— (i) an assessment of the impact of the efforts to enhance cooperation described in paragraph (1) on targeting, disrupting, and degrading fentanyl trafficking; (ii) a description of limitations on such efforts, including limitations imposed by the Government of Mexico; (iii) recommendations by the Secretary on actions to further improve cooperation with defense officials of the Government of Mexico; (iv) recommendations by the Secretary on actions of the Department of Defense to further improve the capabilities of the Government of Mexico to target, disrupt, and degrade fentanyl trafficking; and (v) any other matter the Secretary considers relevant. (C) Form \nThe report required by subparagraph (A) may be submitted in unclassified form but shall include a classified annex. (d) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (2) Fentanyl \nThe term fentanyl means fentanyl and any fentanyl-related substance. (3) Fentanyl-related substance \nThe term fentanyl-related substance — (A) means any substance that is structurally related to fentanyl by 1 or more modifications of— (i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle; (ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iv) replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and (v) replacement of the N-propionyl group with another acyl group; and (B) does not include a substance described in subparagraph (A) that is— (i) controlled by action of the Attorney General pursuant to section 201 of the Controlled Substances Act ( 21 U.S.C. 811 ); (ii) expressly listed in Schedule I of section 202(c) of that Act ( 21 U.S.C. 812 ) or another schedule by a statutory provision; or (iii) removed from Schedule I, or rescheduled to another schedule, pursuant to section 201(k) of that Act ( 21 U.S.C. 811(k) ). (4) Illegal means \nThe term illegal means includes the trafficking of money, human trafficking, illicit financial flows, illegal trade in natural resources and wildlife, trade in illegal drugs and weapons, and other forms of illegal means determined by the Secretary of Defense. (5) Security cooperation program \nThe term security cooperation program has the meaning given that term in section 301 of title 10, United States Code. (6) Transnational criminal organization \n(A) In general \nThe term transnational criminal organization means a group, network, and associated individuals who operate transnationally for the purpose of obtaining power, influence, or monetary or commercial gain, wholly or in part by illegal means, while advancing their activities through a pattern of crime, corruption, or violence and protecting their illegal activities through a transnational organizational structure and the exploitation of public corruption or transnational logistics, financial, or communication mechanisms. (B) Additional organizations \nThe term transnational criminal organization includes any transnational criminal organization identified in the most recent Drug Threat Assessment of the Drug Enforcement Agency.", "id": "idb617a85ca060449dbe8c2ed10315ac84", "header": "Disruption of fentanyl trafficking", "nested": [ { "text": "(a) Sense of Senate \nIt is the sense of the Senate that— (1) fentanyl trafficking across the borders of the United States, and the consequences of that trafficking, constitute an unprecedented, nontraditional, and long-term threat to the national security of the United States; (2) transnational criminal organizations have established effective control over significant areas within Mexico, which has enabled the development of fentanyl production and trafficking infrastructure; (3) combating fentanyl trafficking demands— (A) improved interagency command, control, communications, and intelligence sharing to enhance the effectiveness of the interdiction of fentanyl at the borders of the United States; and (B) whole-of-government solutions comprised of an integrated and synchronized interagency organizational construct committed to dismantling the process of trafficking fentanyl from chemical precursor to production to delivery in the United States and enabling partner nations to do the same; (4) it is within the national security interest of the United States for Federal, State, and local law enforcement agencies, the Department of Defense, the Department of State, other counter-drug agencies, and stakeholders to effectively communicate and that the failure of effective communication affects the prevention, interdiction, and prosecution of fentanyl trafficking and distribution into and within the United States; and (5) the United States must partner with Mexico and Canada to combat fentanyl trafficking through institution building, the dismantling of cartels, and seizures of fentanyl in Mexico, Canada, and intrastate transit zones.", "id": "id8fd69cbb5dcd45b7a237d411a976163f", "header": "Sense of Senate", "nested": [], "links": [] }, { "text": "(b) Development of strategy to counter fentanyl trafficking and report \n(1) Strategy \n(A) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with other Federal agencies as the Secretary considers appropriate, shall develop and submit to the appropriate congressional committees a strategy to use existing authorities, including the authorities under section 124 of title 10, United States Code, as appropriate, to target, disrupt, or degrade threats to the national security of the United States caused or exacerbated by fentanyl trafficking. (B) Contents \nThe strategy required by subparagraph (A) shall outline how the Secretary of Defense will— (i) leverage existing authorities regarding counterdrug and counter-transnational organized crime activities with a counter-fentanyl nexus to detect and monitor activities related to fentanyl trafficking; (ii) support operations to counter fentanyl trafficking carried out by other Federal agencies, State, Tribal, and local law enforcement agencies, or foreign security forces; (iii) coordinate efforts of the Department of Defense for the detection and monitoring of aerial, maritime, and surface traffic suspected of carrying fentanyl bound for the United States, including efforts to unify the use of technology, surveillance, and related resources across air, land, and maritime domains to counter fentanyl trafficking, including with respect to data collection, data processing, and integrating sensors across such domains; (iv) provide military-unique capabilities to support activities by the United States Government and foreign security forces to detect and monitor the trafficking of fentanyl and precursor chemicals used in fentanyl production, consistent with section 284(b)(10) of title 10, United States Code; (v) leverage existing counterdrug and counter-transnational organized crime programs of the Department to counter fentanyl trafficking; (vi) assess existing training programs of the Department and provide training for Federal, State, Tribal, and local law enforcement agencies conducted by special operations forces to counter fentanyl trafficking, consistent with section 284(b) of title 10, United States Code; (vii) engage with foreign security forces to ensure the counterdrug and counter-transnational organized crime programs of the Department— (I) support efforts to counter fentanyl trafficking; and (II) build capacity to interdict fentanyl in foreign countries, including programs to train security forces in partner countries to counter fentanyl trafficking, including countering illicit flows of fentanyl precursors, consistent with sections 284(c) and 333 of title 10, United States Code; (viii) use the North American Defense Ministerial and the bilateral defense working groups and bilateral military cooperation round tables with Canada and Mexico to increase domain awareness to detect and monitor fentanyl trafficking; and (ix) evaluate existing policies, procedures, processes, and resources that affect the ability of the Department to counter fentanyl trafficking consistent with existing counterdrug and counter-transnational organized crime authorities. (C) Form \nThe strategy required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. (D) Briefing \nNot later than 45 days after the submission of the strategy required by subparagraph (A), the Secretary shall provide to the appropriate congressional committees a briefing on the strategy and plans for its implementation. (2) Report on law enforcement reimbursement \nThe Secretary of Defense shall submit to the appropriate congressional committees a report on— (A) any goods or services provided under section 1535 of title 31, United States Code (commonly known as the Economy Act ), during the period beginning on January 1, 2010, and ending on the date on which the report is submitted, by the Department of Defense to Federal civilian law enforcement agencies for counterdrug and counter-transnational organized crime operations on the southern border of the United States; and (B) any payments made for such goods or services under such section during such period.", "id": "id37ab0ecc71a94591ba1158fdda28b92c", "header": "Development of strategy to counter fentanyl trafficking and report", "nested": [], "links": [] }, { "text": "(c) Cooperation with Mexico \n(1) In general \nThe Secretary of Defense shall seek to enhance cooperation with defense officials of the Government of Mexico to target, disrupt, and degrade transnational criminal organizations within Mexico that traffic fentanyl. (2) Report on enhanced security cooperation \n(A) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on efforts to enhance cooperation with defense officials of the Government of Mexico specified in paragraph (1). (B) Contents \nThe report required by subparagraph (A) shall include— (i) an assessment of the impact of the efforts to enhance cooperation described in paragraph (1) on targeting, disrupting, and degrading fentanyl trafficking; (ii) a description of limitations on such efforts, including limitations imposed by the Government of Mexico; (iii) recommendations by the Secretary on actions to further improve cooperation with defense officials of the Government of Mexico; (iv) recommendations by the Secretary on actions of the Department of Defense to further improve the capabilities of the Government of Mexico to target, disrupt, and degrade fentanyl trafficking; and (v) any other matter the Secretary considers relevant. (C) Form \nThe report required by subparagraph (A) may be submitted in unclassified form but shall include a classified annex.", "id": "id549562059cd14841ab098b278c285fca", "header": "Cooperation with Mexico", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (2) Fentanyl \nThe term fentanyl means fentanyl and any fentanyl-related substance. (3) Fentanyl-related substance \nThe term fentanyl-related substance — (A) means any substance that is structurally related to fentanyl by 1 or more modifications of— (i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle; (ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iv) replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and (v) replacement of the N-propionyl group with another acyl group; and (B) does not include a substance described in subparagraph (A) that is— (i) controlled by action of the Attorney General pursuant to section 201 of the Controlled Substances Act ( 21 U.S.C. 811 ); (ii) expressly listed in Schedule I of section 202(c) of that Act ( 21 U.S.C. 812 ) or another schedule by a statutory provision; or (iii) removed from Schedule I, or rescheduled to another schedule, pursuant to section 201(k) of that Act ( 21 U.S.C. 811(k) ). (4) Illegal means \nThe term illegal means includes the trafficking of money, human trafficking, illicit financial flows, illegal trade in natural resources and wildlife, trade in illegal drugs and weapons, and other forms of illegal means determined by the Secretary of Defense. (5) Security cooperation program \nThe term security cooperation program has the meaning given that term in section 301 of title 10, United States Code. (6) Transnational criminal organization \n(A) In general \nThe term transnational criminal organization means a group, network, and associated individuals who operate transnationally for the purpose of obtaining power, influence, or monetary or commercial gain, wholly or in part by illegal means, while advancing their activities through a pattern of crime, corruption, or violence and protecting their illegal activities through a transnational organizational structure and the exploitation of public corruption or transnational logistics, financial, or communication mechanisms. (B) Additional organizations \nThe term transnational criminal organization includes any transnational criminal organization identified in the most recent Drug Threat Assessment of the Drug Enforcement Agency.", "id": "ide83423ef3cf648e08a9f46eabb6dab48", "header": "Definitions", "nested": [], "links": [ { "text": "21 U.S.C. 811", "legal-doc": "usc", "parsable-cite": "usc/21/811" }, { "text": "21 U.S.C. 812", "legal-doc": "usc", "parsable-cite": "usc/21/812" }, { "text": "21 U.S.C. 811(k)", "legal-doc": "usc", "parsable-cite": "usc/21/811" } ] } ], "links": [ { "text": "21 U.S.C. 811", "legal-doc": "usc", "parsable-cite": "usc/21/811" }, { "text": "21 U.S.C. 812", "legal-doc": "usc", "parsable-cite": "usc/21/812" }, { "text": "21 U.S.C. 811(k)", "legal-doc": "usc", "parsable-cite": "usc/21/811" } ] }, { "text": "1012. Enhanced support for counterdrug activities and activities to counter transnational organized crime \nSection 284(b)(9) of title 10, United States Code, is amended by striking linguist and intelligence analysis and inserting linguist, intelligence analysis, and planning.", "id": "idCB46C2FE88244B36BB2ACDBD1A2D6C24", "header": "Enhanced support for counterdrug activities and activities to counter transnational organized crime", "nested": [], "links": [] }, { "text": "1013. Modification of support for counterdrug activities and activities to counter transnational organized crime: increase in cap for small scale construction projects \nSection 284(i)(3) of title 10, United States Code, is amended by striking $750,000 and inserting $1,500,000.", "id": "id3850a69a8b0b4be3af28f030f60b033f", "header": "Modification of support for counterdrug activities and activities to counter transnational organized crime: increase in cap for small scale construction projects", "nested": [], "links": [] }, { "text": "1014. Building the capacity of armed forces of Mexico to counter the threat posed by transnational criminal organizations \n(a) Pilot program \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall establish a pilot program to assess the feasibility and advisability of building the capacity of armed forces of Mexico in the United States on goals, jointly agreed to by the Governments of the United States and Mexico, to counter the threat posed by transnational criminal organizations, including through— (1) operations designed, at least in part, by the United States, to counter that threat; and (2) in consultation with the appropriate civilian government agencies specializing in countering transnational criminal organizations— (A) joint network analysis; (B) counter threat financing; (C) counter illicit trafficking (including narcotics, weapons, and human trafficking, and illicit trafficking in natural resources); and (D) assessments of key nodes of activity of transnational criminal organizations. (b) Plan \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a plan for implementing the pilot program required by subsection (a) over a period of five years, including the costs of administering the program during such period. (2) Definition of appropriate congressional committees \nIn this subsection, the term appropriate congressional committees means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.", "id": "id736f58f077db438e8b5a88c5ca915cb8", "header": "Building the capacity of armed forces of Mexico to counter the threat posed by transnational criminal organizations", "nested": [ { "text": "(a) Pilot program \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall establish a pilot program to assess the feasibility and advisability of building the capacity of armed forces of Mexico in the United States on goals, jointly agreed to by the Governments of the United States and Mexico, to counter the threat posed by transnational criminal organizations, including through— (1) operations designed, at least in part, by the United States, to counter that threat; and (2) in consultation with the appropriate civilian government agencies specializing in countering transnational criminal organizations— (A) joint network analysis; (B) counter threat financing; (C) counter illicit trafficking (including narcotics, weapons, and human trafficking, and illicit trafficking in natural resources); and (D) assessments of key nodes of activity of transnational criminal organizations.", "id": "id4bb7f80f089f4ab2bfd62cc293e79cc3", "header": "Pilot program", "nested": [], "links": [] }, { "text": "(b) Plan \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a plan for implementing the pilot program required by subsection (a) over a period of five years, including the costs of administering the program during such period. (2) Definition of appropriate congressional committees \nIn this subsection, the term appropriate congressional committees means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.", "id": "id24ebc0ef515f4d17b02ebfe93433d077", "header": "Plan", "nested": [], "links": [] } ], "links": [] }, { "text": "1021. Modification of authority to purchase used vessels under the National Defense Sealift Fund \nSection 2218(f)(3) of title 10, United States Code, is amended— (1) by striking subparagraphs (C), (E) and (G); and (2) by redesignating subparagraphs (D) and (F) as subparagraphs (C) and (D), respectively.", "id": "IDe884435815fa4515aa92a21fb2e8598d", "header": "Modification of authority to purchase used vessels under the National Defense Sealift Fund", "nested": [], "links": [] }, { "text": "1022. Amphibious warship force availability \nSection 8062 of title 10, United States Code, is amended— (1) in subsection (e)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) the Navy adjusts scheduled maintenance and repair actions to maintain a minimum of 24 amphibious warfare ships operationally available for worldwide deployment. ; and (2) by redesignating the second subsection (g) (defining amphibious warfare ship) as subsection (h).", "id": "id41590E5A971742008C4E9E7BA174929E", "header": "Amphibious warship force availability", "nested": [], "links": [] }, { "text": "1023. Prohibition on retirement of certain naval vessels \nNone of the funds authorized to be appropriated by this Act for fiscal year 2024 may be obligated or expended to retire, prepare to retire, or place in storage any of the following naval vessels: (1) USS Germantown (LSD 42). (2) USS Gunston Hall (LSD 44). (3) USS Tortuga (LSD 46). (4) USS Shiloh (CG 67).", "id": "id9afaf22709f14fe186689b9458d9076f", "header": "Prohibition on retirement of certain naval vessels", "nested": [], "links": [] }, { "text": "1024. Report on the potential for an Army and Navy joint effort for watercraft vessels \n(a) Report required \nNot later than February 29, 2024, the Secretary of the Navy, in coordination with the Secretary of the Army, shall submit to the congressional defense committees a report on the feasibility of conducting a joint Army and Navy effort to develop and field a family of watercraft vessels to support the implementation of the Marine Corps concept of expeditionary advanced base operations and Army operations in maritime environments. (b) Elements \nThe report required by subsection (a) shall include an assessment of whether a shared base platform could meet requirements of the Department of the Navy and the Department of the Army, and, if so, an assessment of the benefits and challenges of procuring a technical data package to allow simultaneous construction of such platform by multiple builders and using block buy authorities.", "id": "id3da363da557b4bf09b478dd09f46a5e8", "header": "Report on the potential for an Army and Navy joint effort for watercraft vessels", "nested": [ { "text": "(a) Report required \nNot later than February 29, 2024, the Secretary of the Navy, in coordination with the Secretary of the Army, shall submit to the congressional defense committees a report on the feasibility of conducting a joint Army and Navy effort to develop and field a family of watercraft vessels to support the implementation of the Marine Corps concept of expeditionary advanced base operations and Army operations in maritime environments.", "id": "ide46742547ba84cee863c14455c8c80d8", "header": "Report required", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall include an assessment of whether a shared base platform could meet requirements of the Department of the Navy and the Department of the Army, and, if so, an assessment of the benefits and challenges of procuring a technical data package to allow simultaneous construction of such platform by multiple builders and using block buy authorities.", "id": "idd82d120250014bcc96eba8602465d621", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "1031. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba \nSection 1036 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1551), as most recently amended by section 1034 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is further amended by striking 2023 and inserting 2024.", "id": "id3837FE6E0595473D8B53100D105C7627", "header": "Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba", "nested": [], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States \nSection 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1953), as most recently amended by section 1031 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is further amended by striking December 31, 2023 and inserting December 31, 2024.", "id": "id70C3E4818C574B109CAF2246E77D2CB0", "header": "Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1033. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba \nSection 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1954), as most recently amended by section 1032 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is further amended by striking December 31, 2023 and inserting December 31, 2024.", "id": "id8A8AD3ADBDEF47CEA37D67CBD0C36297", "header": "Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1034. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries \nSection 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1954), as most recently amended by section 1033 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is further amended by striking December 31, 2023 and inserting December 31, 2024.", "id": "idE507DA4DC2124FC6A43FDE5144144EF6", "header": "Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1041. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers \nSection 6(b)(1)(B) of the Joint Resolution entitled A Joint Resolution to approve the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America , and for other purposes , approved March 24, 1976 ( 48 U.S.C. 1806(b)(1)(B) ), is amended, in the matter preceding clause (i), by striking December 31, 2023 and inserting December 31, 2029.", "id": "IDb6a92aa730374331a87b7de76fc2e27a", "header": "Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers", "nested": [], "links": [ { "text": "48 U.S.C. 1806(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/48/1806" } ] }, { "text": "1042. Authority to include funding requests for the chemical and biological defense program in budget accounts of military departments \nSection 1701(d)(2) of the National Defense Authorization Act for Fiscal Year 1994 ( 50 U.S.C. 1522(d)(2) ) is amended by striking may not be included in the budget accounts and inserting may be included in the budget accounts.", "id": "IDe020ba94be5d46d7ba8cd2371a380f23", "header": "Authority to include funding requests for the chemical and biological defense program in budget accounts of military departments", "nested": [], "links": [ { "text": "50 U.S.C. 1522(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/50/1522" } ] }, { "text": "1043. Unfavorable security clearance eligibility determinations and appeals \n(a) Administrative due process procedures for covered individuals seeking or having access to classified information or sensitive compartment information \n(1) In general \nEach head of a component of the Department of Defense shall provide to each covered individual described in paragraph (2) of such component seeking or having access to classified information or sensitive compartment information with administrative due process procedures described in paragraph (3) through the Defense Office of Hearings and Appeals. (2) Covered individual described \nA covered individual described in this paragraph is a member of the Armed Forces, a civilian employee employed by a component of the Department of Defense, or a contractor employee described in Department of Defense Manual 5220.22, Volume 2 (relating to National Industrial Security Program: Industrial Security Procedures for Government Activities), or successor manual. (3) Administrative due process procedures described \nThe administrative due process procedures described in this paragraph are the administrative due process procedures described in Department of Defense Directive 5220.6 (relating to Defense Industrial Personnel Security Clearance Review Program), or successor directive, and Executive Order 10865 ( 50 U.S.C. 3161 note; relating to safeguarding classified information within industry). (b) Hearings, appeals, and final denials and revocations of security clearance eligibility \nIn order to simplify, centralize, and unify the administrative processes for unfavorable security clearance eligibility determinations for covered individuals described in subsection (a)(2), the Secretary of Defense shall ensure that all hearings, appeals, and final denials and revocations of security clearance eligibility are performed by the Defense Office of Hearings and Appeals with administrative due process procedures. (c) Updates to Department of Defense manuals \nThe Secretary of Defense shall update Department of Defense Manual 5200.02 (relating to procedures for Department of Defense Personnel Security Program) and Department of Defense Manual 5220.22, Volume 2 (relating to National Industrial Security Program: Industrial Security Procedures for Government Activities) to conform with the requirements of subsections (a) and (b). (d) Authority of Director of Defense Office of Hearings and Appeals to render eligibility determinations for access to classified information and sensitive compartmented information \nThe Director of the Defense Office of Hearings and Appeals may render eligibility determinations for access to classified information and sensitive compartmented information pursuant to procedures and guidelines that the Director shall issue in consultation with the Director of National Intelligence. (e) Dissemination of security relevant information \n(1) Request for sharing required \nIn a case in which a contractor or civilian employee of the Federal Government holding an active security clearance is seeking to transfer that clearance for a new position in the Department of Defense and in which an agency or department of the Federal Government possesses security relevant information about that clearance holder that is related to eligibility for access to classified information and makes known the existence of such security relevant information in the commonly accessible security clearance databases of the Federal Government, but without taking any action to suspend or revoke that clearance holder’s security clearance, the Department of Defense component considering the transfer of a clearance shall promptly make a request to receive the security relevant information from the agency or department in possession of such information. (2) Failure to share \nIn a case in which an agency or department of the Federal Government receives a request to share security relevant information about a clearance holder pursuant to paragraph (1) but fails to do so within 30 days of the date on which the request is made, such failure shall trigger procedural and substantive due process rights, established for the purposes of carrying out this section, for the clearance holder to challenge the security relevant information as if the information were the equivalent of a suspension, denial, or revocation of the underlying clearance. (f) Protections \nMembers of the Armed Forces and civilian employees of the Department of Defense may not be suspended without pay because a security clearance is suspended or revoked prior to the conclusion of any appeal process to enable such members and employee to support themselves during an appeal process and to support themselves without resigning from Government employment and thereby losing standing to appeal the suspension or revocation of access to classified information. (g) Effective date; applicability \n(1) Effective date \nThis section shall take effect on the earlier of— (A) the date on which the General Counsel of the Department of Defense certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the Defense Office of Hearings and Appeals is prepared for the provisions of this section to take effect; or (B) September 30, 2024. (2) Applicability \nThis section shall apply to revocations of eligibility to access classified information or sensitive compartmented information that occur on or after the date on which this section takes effect pursuant to paragraph (1). (h) Rule of construction \nNothing in this section shall be construed to diminish or otherwise affect the authority of the head of a component of the Department to suspend access to classified information or a special access program, including sensitive compartmented information, in exigent circumstances, should the head determine that continued access of a covered individual is inconsistent with protecting the national security of the United States.", "id": "idad3c3d58f59049858a8267d2a2e4430e", "header": "Unfavorable security clearance eligibility determinations and appeals", "nested": [ { "text": "(a) Administrative due process procedures for covered individuals seeking or having access to classified information or sensitive compartment information \n(1) In general \nEach head of a component of the Department of Defense shall provide to each covered individual described in paragraph (2) of such component seeking or having access to classified information or sensitive compartment information with administrative due process procedures described in paragraph (3) through the Defense Office of Hearings and Appeals. (2) Covered individual described \nA covered individual described in this paragraph is a member of the Armed Forces, a civilian employee employed by a component of the Department of Defense, or a contractor employee described in Department of Defense Manual 5220.22, Volume 2 (relating to National Industrial Security Program: Industrial Security Procedures for Government Activities), or successor manual. (3) Administrative due process procedures described \nThe administrative due process procedures described in this paragraph are the administrative due process procedures described in Department of Defense Directive 5220.6 (relating to Defense Industrial Personnel Security Clearance Review Program), or successor directive, and Executive Order 10865 ( 50 U.S.C. 3161 note; relating to safeguarding classified information within industry).", "id": "idefcbb6df22e04408bdb9b6494aa9095e", "header": "Administrative due process procedures for covered individuals seeking or having access to classified information or sensitive compartment information", "nested": [], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "(b) Hearings, appeals, and final denials and revocations of security clearance eligibility \nIn order to simplify, centralize, and unify the administrative processes for unfavorable security clearance eligibility determinations for covered individuals described in subsection (a)(2), the Secretary of Defense shall ensure that all hearings, appeals, and final denials and revocations of security clearance eligibility are performed by the Defense Office of Hearings and Appeals with administrative due process procedures.", "id": "id1c51327e488f4fce93a056c6e5f8c91a", "header": "Hearings, appeals, and final denials and revocations of security clearance eligibility", "nested": [], "links": [] }, { "text": "(c) Updates to Department of Defense manuals \nThe Secretary of Defense shall update Department of Defense Manual 5200.02 (relating to procedures for Department of Defense Personnel Security Program) and Department of Defense Manual 5220.22, Volume 2 (relating to National Industrial Security Program: Industrial Security Procedures for Government Activities) to conform with the requirements of subsections (a) and (b).", "id": "id590325cdf04048d7b614e88bd9f1d954", "header": "Updates to Department of Defense manuals", "nested": [], "links": [] }, { "text": "(d) Authority of Director of Defense Office of Hearings and Appeals to render eligibility determinations for access to classified information and sensitive compartmented information \nThe Director of the Defense Office of Hearings and Appeals may render eligibility determinations for access to classified information and sensitive compartmented information pursuant to procedures and guidelines that the Director shall issue in consultation with the Director of National Intelligence.", "id": "ide1995b3075cd43d19808ae3ab0dbbe04", "header": "Authority of Director of Defense Office of Hearings and Appeals to render eligibility determinations for access to classified information and sensitive compartmented information", "nested": [], "links": [] }, { "text": "(e) Dissemination of security relevant information \n(1) Request for sharing required \nIn a case in which a contractor or civilian employee of the Federal Government holding an active security clearance is seeking to transfer that clearance for a new position in the Department of Defense and in which an agency or department of the Federal Government possesses security relevant information about that clearance holder that is related to eligibility for access to classified information and makes known the existence of such security relevant information in the commonly accessible security clearance databases of the Federal Government, but without taking any action to suspend or revoke that clearance holder’s security clearance, the Department of Defense component considering the transfer of a clearance shall promptly make a request to receive the security relevant information from the agency or department in possession of such information. (2) Failure to share \nIn a case in which an agency or department of the Federal Government receives a request to share security relevant information about a clearance holder pursuant to paragraph (1) but fails to do so within 30 days of the date on which the request is made, such failure shall trigger procedural and substantive due process rights, established for the purposes of carrying out this section, for the clearance holder to challenge the security relevant information as if the information were the equivalent of a suspension, denial, or revocation of the underlying clearance.", "id": "id13d5ae79e1644e1ba5eb2ecf982f7e69", "header": "Dissemination of security relevant information", "nested": [], "links": [] }, { "text": "(f) Protections \nMembers of the Armed Forces and civilian employees of the Department of Defense may not be suspended without pay because a security clearance is suspended or revoked prior to the conclusion of any appeal process to enable such members and employee to support themselves during an appeal process and to support themselves without resigning from Government employment and thereby losing standing to appeal the suspension or revocation of access to classified information.", "id": "ide16b450a43d14655b5234fcc4259c3e2", "header": "Protections", "nested": [], "links": [] }, { "text": "(g) Effective date; applicability \n(1) Effective date \nThis section shall take effect on the earlier of— (A) the date on which the General Counsel of the Department of Defense certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the Defense Office of Hearings and Appeals is prepared for the provisions of this section to take effect; or (B) September 30, 2024. (2) Applicability \nThis section shall apply to revocations of eligibility to access classified information or sensitive compartmented information that occur on or after the date on which this section takes effect pursuant to paragraph (1).", "id": "id290523262fd742e899f75f08027bac96", "header": "Effective date; applicability", "nested": [], "links": [] }, { "text": "(h) Rule of construction \nNothing in this section shall be construed to diminish or otherwise affect the authority of the head of a component of the Department to suspend access to classified information or a special access program, including sensitive compartmented information, in exigent circumstances, should the head determine that continued access of a covered individual is inconsistent with protecting the national security of the United States.", "id": "id892380c76ebe4b6085b11529b3739b83", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "1044. Assistance in support of Department of Defense accounting for missing United States Government personnel \n(a) In general \nSection 408 of title 10, United States Code, is amended— (1) in the section heading, by striking Equipment and training of foreign personnel to assist in and inserting Assistance in support of ; (2) in subsection (b), by adding at the end the following new paragraph: (5) Funds. ; (3) by striking subsections (d) and (f); (4) by redesignating subsection (e) as subsection (d); and (5) by adding at the end the following new subsection: (e) Annual report \nNot later than December 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the preceding fiscal year.. (b) Table of sections amendment \nThe table of sections at the beginning of chapter 20 of title 10, United States Code, is amended by striking the item relating to section 408 and inserting the following new item: 408. Assistance in support of Department of Defense accounting for missing United States Government personnel..", "id": "ID892e68b0e02a4923b82872f366576e93", "header": "Assistance in support of Department of Defense accounting for missing United States Government personnel", "nested": [ { "text": "(a) In general \nSection 408 of title 10, United States Code, is amended— (1) in the section heading, by striking Equipment and training of foreign personnel to assist in and inserting Assistance in support of ; (2) in subsection (b), by adding at the end the following new paragraph: (5) Funds. ; (3) by striking subsections (d) and (f); (4) by redesignating subsection (e) as subsection (d); and (5) by adding at the end the following new subsection: (e) Annual report \nNot later than December 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the preceding fiscal year..", "id": "idd9c38e4bcb324216beb38bc351efa074", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Table of sections amendment \nThe table of sections at the beginning of chapter 20 of title 10, United States Code, is amended by striking the item relating to section 408 and inserting the following new item: 408. Assistance in support of Department of Defense accounting for missing United States Government personnel..", "id": "idf1a3cbb6e04d41e3a41f78a73e6770cf", "header": "Table of sections amendment", "nested": [], "links": [ { "text": "chapter 20", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/20" } ] } ], "links": [ { "text": "chapter 20", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/20" } ] }, { "text": "1045. Implementation of arrangements to build transparency, confidence, and security \nSection 2241 of title 10, United States Code, is amended by adding at the end the following new subsection: (d) Implementation of Vienna Document 2011 \nAmounts appropriated for operation and maintenance may be used by the Secretary of Defense for travel, transportation, and subsistence expenses for meetings and demonstrations hosted by the Department of Defense for the implementation of the Vienna Document 2011 on Confidence and Security-Building Measures..", "id": "ID20363b759c9c40e1b28e05ee85c6cf4f", "header": "Implementation of arrangements to build transparency, confidence, and security", "nested": [], "links": [] }, { "text": "1046. Access to and use of military post offices by United States citizens employed overseas by the North Atlantic Treaty Organization who perform functions in support of military operations of the Armed Forces \n(a) Requirement to authorize use of post office \nSection 406 of title 39, United States Code, is amended by striking may authorize the use and inserting shall authorize the use. (b) Briefing requirement \nNot later than March 1, 2024, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the revision of the Financial Management Regulation to authorize individuals under subparagraph (A) of section 406(c)(1) of title 39, United States Code, as amended by subsection (a), to utilize the authority provided under such subparagraph. If there is a determination that this authority is not feasible for a legal or financial reason, the Secretary shall include the background for those determinations in the briefing.", "id": "IDa970397bffcf4a0abe7bfd1ec926d4a5", "header": "Access to and use of military post offices by United States citizens employed overseas by the North Atlantic Treaty Organization who perform functions in support of military operations of the Armed Forces", "nested": [ { "text": "(a) Requirement to authorize use of post office \nSection 406 of title 39, United States Code, is amended by striking may authorize the use and inserting shall authorize the use.", "id": "id8a298e2cbf08418d8e95e2c969d81d15", "header": "Requirement to authorize use of post office", "nested": [], "links": [] }, { "text": "(b) Briefing requirement \nNot later than March 1, 2024, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the revision of the Financial Management Regulation to authorize individuals under subparagraph (A) of section 406(c)(1) of title 39, United States Code, as amended by subsection (a), to utilize the authority provided under such subparagraph. If there is a determination that this authority is not feasible for a legal or financial reason, the Secretary shall include the background for those determinations in the briefing.", "id": "id86daf990f4914264af65702b66a3139a", "header": "Briefing requirement", "nested": [], "links": [] } ], "links": [] }, { "text": "1047. Removal of time limitations of temporary protection and authorization of reimbursement for security services and equipment for former or retired Department of Defense personnel \n(a) Removal of time limitations \nSection 714(b) of title 10, United States Code, is amended— (1) by redesignating paragraph (6) as paragraph (7); (2) in paragraph (5)— (A) by redesignating subparagraph (C) as paragraph (6) and moving such paragraph, as so redesignated, two ems to the left; and (B) by striking Duration of protection.— and all that follows through the period at the end of subparagraph (B) and inserting Duration of protection.—The Secretary of Defense shall require periodic reviews, not less than once every six months, of the duration of protection provided to individuals under this subsection. ; (3) in subparagraph (A) of paragraph (7), as redesignated by paragraph (1) of this subsection, by striking and of each determination under paragraph (5)(B) to extend such protection and security. (b) Authorization of reimbursement or acquisition of security services \nSection 714 of title 10, United States Code, is further amended by adding at the end the following new subsection: (e) Reimbursement \nThe Secretary of Defense may reimburse a former or retired official who faces serious and credible threats arising from duties performed while employed by the Department for security services and equipment procured at the personal expense of the official, not to exceed an aggregate of $15,000,000 in any fiscal year for all former and retired officials authorized by the Secretary of Defense for such reimbursement..", "id": "id6CF765D11E2B4670A3E7BF6091C07781", "header": "Removal of time limitations of temporary protection and authorization of reimbursement for security services and equipment for former or retired Department of Defense personnel", "nested": [ { "text": "(a) Removal of time limitations \nSection 714(b) of title 10, United States Code, is amended— (1) by redesignating paragraph (6) as paragraph (7); (2) in paragraph (5)— (A) by redesignating subparagraph (C) as paragraph (6) and moving such paragraph, as so redesignated, two ems to the left; and (B) by striking Duration of protection.— and all that follows through the period at the end of subparagraph (B) and inserting Duration of protection.—The Secretary of Defense shall require periodic reviews, not less than once every six months, of the duration of protection provided to individuals under this subsection. ; (3) in subparagraph (A) of paragraph (7), as redesignated by paragraph (1) of this subsection, by striking and of each determination under paragraph (5)(B) to extend such protection and security.", "id": "idb8efcaa629834b4dae7854cf2f80307a", "header": "Removal of time limitations", "nested": [], "links": [] }, { "text": "(b) Authorization of reimbursement or acquisition of security services \nSection 714 of title 10, United States Code, is further amended by adding at the end the following new subsection: (e) Reimbursement \nThe Secretary of Defense may reimburse a former or retired official who faces serious and credible threats arising from duties performed while employed by the Department for security services and equipment procured at the personal expense of the official, not to exceed an aggregate of $15,000,000 in any fiscal year for all former and retired officials authorized by the Secretary of Defense for such reimbursement..", "id": "id44d0e3b1777948d0b550d55b1a5f6780", "header": "Authorization of reimbursement or acquisition of security services", "nested": [], "links": [] } ], "links": [] }, { "text": "1048. Annual Defense POW/MIA Accounting Agency (DPAA) capabilities required to expand accounting for persons missing from designated past conflicts \n(a) In general \nNot later than March 1, 2024, and annually thereafter, the Defense POW/MIA Accounting Agency (DPAA) shall post on a publicly available internet website a list of capabilities required to expand accounting for persons missing from designated past conflicts and provide a briefing to Congress on those capabilities. (b) Authority to enter into agreements \nThe Defense POW/MIA Accounting Agency may enter into agreements with universities or research organizations to provide additional capabilities for specialized missions or research requirements.", "id": "idd0c130f15d044c6daa22507122729f7a", "header": "Annual Defense POW/MIA Accounting Agency (DPAA) capabilities required to expand accounting for persons missing from designated past conflicts", "nested": [ { "text": "(a) In general \nNot later than March 1, 2024, and annually thereafter, the Defense POW/MIA Accounting Agency (DPAA) shall post on a publicly available internet website a list of capabilities required to expand accounting for persons missing from designated past conflicts and provide a briefing to Congress on those capabilities.", "id": "idd1429ae875744152ab5379b3b2f5f9f8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authority to enter into agreements \nThe Defense POW/MIA Accounting Agency may enter into agreements with universities or research organizations to provide additional capabilities for specialized missions or research requirements.", "id": "id05b697342ece464e8780988f0328fcf9", "header": "Authority to enter into agreements", "nested": [], "links": [] } ], "links": [] }, { "text": "1049. Access to commissary and exchange privileges for remarried spouses \n(a) Benefits \nSection 1062 of title 10, United States Code, is amended— (1) by striking The Secretary of Defense and inserting the following: (a) Certain unremarried former spouses \nThe Secretary of Defense ; (2) by striking commissary and exchange privileges and inserting use commissary stores and MWR retail facilities ; (3) by adding at the end the following new subsection: (b) Certain remarried surviving spouses \nThe Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services. ; and (4) by adding at the end the following new subsection: (c) MWR retail facilities defined \nIn this section, the term MWR retail facilities has the meaning given that term in section 1063(e) of this title.. (b) Clerical amendments \n(1) Section heading \nThe heading of section 1062 of title 10, United States Code, is amended to read as follows: 1062. Certain former spouses and surviving spouses \n. (2) Table of sections \nThe table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by striking the item relating to section 1062 and inserting the following new item: 1062. Certain former spouses and surviving spouses.. (c) Regulations \nThe Secretary of Defense shall publish the regulations required under section 1062(b) of title 10, United States Code, as added by subsection (a)(3), by not later than October 1, 2025.", "id": "idd2866d2c180141d597dbb3cb2a4617e9", "header": "Access to commissary and exchange privileges for remarried spouses", "nested": [ { "text": "(a) Benefits \nSection 1062 of title 10, United States Code, is amended— (1) by striking The Secretary of Defense and inserting the following: (a) Certain unremarried former spouses \nThe Secretary of Defense ; (2) by striking commissary and exchange privileges and inserting use commissary stores and MWR retail facilities ; (3) by adding at the end the following new subsection: (b) Certain remarried surviving spouses \nThe Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services. ; and (4) by adding at the end the following new subsection: (c) MWR retail facilities defined \nIn this section, the term MWR retail facilities has the meaning given that term in section 1063(e) of this title..", "id": "ide70a35b4f8d04f0bbb662c12f55d3f11", "header": "Benefits", "nested": [], "links": [] }, { "text": "(b) Clerical amendments \n(1) Section heading \nThe heading of section 1062 of title 10, United States Code, is amended to read as follows: 1062. Certain former spouses and surviving spouses \n. (2) Table of sections \nThe table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by striking the item relating to section 1062 and inserting the following new item: 1062. Certain former spouses and surviving spouses..", "id": "HB5F95F9E69A64A969CBA69C023C47037", "header": "Clerical amendments", "nested": [], "links": [ { "text": "chapter 54", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/54" } ] }, { "text": "(c) Regulations \nThe Secretary of Defense shall publish the regulations required under section 1062(b) of title 10, United States Code, as added by subsection (a)(3), by not later than October 1, 2025.", "id": "id9b3412412e85487788d03478c62d4ff8", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "chapter 54", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/54" } ] }, { "text": "1062. Certain former spouses and surviving spouses", "id": "H01C5D790225E4079BFD3E16EB2BE2BDE", "header": "Certain former spouses and surviving spouses", "nested": [], "links": [] }, { "text": "1051. Annual report and briefing on implementation of Force Design 2030 \n(a) In general \nNot later than March 31, 2024, and annually thereafter through March 31, 2030, the Commandant of the Marine Corps shall submit to the congressional defense committees a report detailing the programmatic choices made to implement Force Design 2030, including both new developmental and fielded capabilities, as well as capabilities and capacity divested to accelerate implementation of Force Design 2030. (b) Briefing requirement \nNot later than September 30, 2024, and annually thereafter through September 30, 2030, the Commandant of the Marine Corps shall provide a briefing on the elements described under subsection (c). (c) Elements \nThe report required under subsection (a) and briefing required under subsection (b) shall include the following elements: (1) An assessment of changes in the National Defense Strategy, Defense Planning Guidance, Joint Warfighting Concept (and associated Concept Required Capabilities), and other planning processes that informed Force Design 2030. (2) An inventory and assessment of Force Design-related exercises and experimentation beginning in fiscal year 2020, including which capabilities were involved and the extent to which such exercises and experiments validated or militated against proposed capability investments. (3) An inventory of divestments of capability or capacity, whether force structure or equipment, starting in fiscal year 2020, including— (A) a timeline of the progress of each divestment; (B) the type of force structure or equipment divested or reduced; (C) the percentage of force structure or equipment divested or reduced, including any equipment entered into inventory management or another form of storage; (D) the rationale and context behind such divestment; (E) an identification of whether such divestment affects the Marine Corps’ ability to meet the requirements of Global Force Management process and the operational plans, including an explanation of how the Marine Corps plans to mitigate the loss of such capability or capacity if the divestment affects the Marine Corps’ ability to meet the requirements of the Global Force Management process and the operational plans, including through new investments, additional joint planning and training, or other methods; and (F) an assessment of the Marine Corps’ recruitment and retention actual and projected percentages starting in fiscal year 2020. (4) An inventory of extant or planned investments as a part of Force Design 2030, disaggregated by integrated air and missile defense, littoral mobility and maneuver, sea denial, and reconnaissance and counter-reconnaissance forces, including— (A) capability name; (B) capability purpose and context; (C) capability being replaced (or not applicable); (D) date of initial operational capability; (E) date of full operational capability; (F) deliveries of units by year; and (G) approved acquisition objective or similar inventory objective. (5) A description of the amphibious warfare ship and maritime mobility requirements the Marine Corps submitted to the Department of the Navy in support of the Marine Corps organization and concepts under Force Design 2030 and its statutory requirements, including a detailed statement of the planning assumptions about readiness of amphibious warfare ships and maritime mobility platforms that were used in developing the requirements. (6) An assessment of how the capability investments described in paragraph (4) contribute to joint force efficacy in new ways, including through support of other military services. (7) An assessment of the ability of the Marine Corps to generate required force elements for the Immediate Ready Force and the Contingency Ready Force over the previous two fiscal years and the expected ability to generate forces for the next two fiscal years. (8) An assessment of Marine Corps force structure and the readiness of Marine Expeditionary Units compared to availability of amphibious ships comprising an Amphibious Ready Group over the previous two fiscal years and the expected availability for the next two fiscal years. (9) An assessment by the Marine Corps of its compliance with the statutory organization prescribed in section 8063 of title 10, United States Code, that [t]he Marine Corps, within the Department of the Navy, shall be so organized as to include not less than three combat divisions and three air wings, and such other land combat, aviation, and other services as may be organic therein. (10) An assessment by the Marine Corps of its compliance with the statutory functions prescribed in section 8063 of title 10, United States Code, that [t]he Marine Corps shall be organized, trained, and equipped to provide fleet marine forces of combined arms, together with supporting air components, for service with the fleet in the seizure or defense of advanced naval bases and for the conduct of such land operations as may be essential to the prosecution of a naval campaign.", "id": "IDa4281ef7cfc045478eff94b33f600d02", "header": "Annual report and briefing on implementation of Force Design 2030", "nested": [ { "text": "(a) In general \nNot later than March 31, 2024, and annually thereafter through March 31, 2030, the Commandant of the Marine Corps shall submit to the congressional defense committees a report detailing the programmatic choices made to implement Force Design 2030, including both new developmental and fielded capabilities, as well as capabilities and capacity divested to accelerate implementation of Force Design 2030.", "id": "id2d16b44009044ad094d97d6460f3fd03", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Briefing requirement \nNot later than September 30, 2024, and annually thereafter through September 30, 2030, the Commandant of the Marine Corps shall provide a briefing on the elements described under subsection (c).", "id": "id773b9b85c99d43cab22cc404d8f5005f", "header": "Briefing requirement", "nested": [], "links": [] }, { "text": "(c) Elements \nThe report required under subsection (a) and briefing required under subsection (b) shall include the following elements: (1) An assessment of changes in the National Defense Strategy, Defense Planning Guidance, Joint Warfighting Concept (and associated Concept Required Capabilities), and other planning processes that informed Force Design 2030. (2) An inventory and assessment of Force Design-related exercises and experimentation beginning in fiscal year 2020, including which capabilities were involved and the extent to which such exercises and experiments validated or militated against proposed capability investments. (3) An inventory of divestments of capability or capacity, whether force structure or equipment, starting in fiscal year 2020, including— (A) a timeline of the progress of each divestment; (B) the type of force structure or equipment divested or reduced; (C) the percentage of force structure or equipment divested or reduced, including any equipment entered into inventory management or another form of storage; (D) the rationale and context behind such divestment; (E) an identification of whether such divestment affects the Marine Corps’ ability to meet the requirements of Global Force Management process and the operational plans, including an explanation of how the Marine Corps plans to mitigate the loss of such capability or capacity if the divestment affects the Marine Corps’ ability to meet the requirements of the Global Force Management process and the operational plans, including through new investments, additional joint planning and training, or other methods; and (F) an assessment of the Marine Corps’ recruitment and retention actual and projected percentages starting in fiscal year 2020. (4) An inventory of extant or planned investments as a part of Force Design 2030, disaggregated by integrated air and missile defense, littoral mobility and maneuver, sea denial, and reconnaissance and counter-reconnaissance forces, including— (A) capability name; (B) capability purpose and context; (C) capability being replaced (or not applicable); (D) date of initial operational capability; (E) date of full operational capability; (F) deliveries of units by year; and (G) approved acquisition objective or similar inventory objective. (5) A description of the amphibious warfare ship and maritime mobility requirements the Marine Corps submitted to the Department of the Navy in support of the Marine Corps organization and concepts under Force Design 2030 and its statutory requirements, including a detailed statement of the planning assumptions about readiness of amphibious warfare ships and maritime mobility platforms that were used in developing the requirements. (6) An assessment of how the capability investments described in paragraph (4) contribute to joint force efficacy in new ways, including through support of other military services. (7) An assessment of the ability of the Marine Corps to generate required force elements for the Immediate Ready Force and the Contingency Ready Force over the previous two fiscal years and the expected ability to generate forces for the next two fiscal years. (8) An assessment of Marine Corps force structure and the readiness of Marine Expeditionary Units compared to availability of amphibious ships comprising an Amphibious Ready Group over the previous two fiscal years and the expected availability for the next two fiscal years. (9) An assessment by the Marine Corps of its compliance with the statutory organization prescribed in section 8063 of title 10, United States Code, that [t]he Marine Corps, within the Department of the Navy, shall be so organized as to include not less than three combat divisions and three air wings, and such other land combat, aviation, and other services as may be organic therein. (10) An assessment by the Marine Corps of its compliance with the statutory functions prescribed in section 8063 of title 10, United States Code, that [t]he Marine Corps shall be organized, trained, and equipped to provide fleet marine forces of combined arms, together with supporting air components, for service with the fleet in the seizure or defense of advanced naval bases and for the conduct of such land operations as may be essential to the prosecution of a naval campaign.", "id": "id4e82ab26171946c0873a1b16fe282c4a", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "1052. Plan for conversion of Joint Task Force North into Joint Interagency Task Force North \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the head of any relevant Federal department or agency and acting through the Under Secretary of Defense for Policy, shall submit to the congressional defense committees a plan for converting the Joint Task Force North of the United States Northern Command into a joint interagency task force to be known as the Joint Interagency Task Force North. (b) Elements \nThe plan required by subsection (a) shall include the following: (1) A description of the mission of the Joint Interagency Task Force North. (2) A detailed description of the resources of the Department of Defense, including personnel, facilities, and operating costs, necessary to convert the Joint Task Force North into a joint interagency task force. (3) An identification of— (A) each relevant department and agency of the United States Government the participation in the Joint Interagency Task Force North of which is necessary in order to enable the Joint Interagency Task Force North to effectively carry out its mission; and (B) the interagency arrangements necessary to ensure effective participation by each such department and agency. (4) An identification of each international liaison necessary for the Joint Interagency Task Force North to effectively carry out its mission. (5) A description of the bilateral and multilateral agreements with foreign partners and regional and international organizations that would support the implementation of the mission of the Joint Interagency Task Force North. (6) A description of the relationship between the Joint Interagency Task Force North and the Joint Interagency Task Force South of the United States Southern Command. (7) A description of the relationship between the Joint Interagency Task Force North and the relevant security forces of the Government of Mexico and the Government of the Bahamas. (8) A recommendation on whether the Joint Interagency Task Force North should be an enduring entity and a discussion of the circumstances under which the mission of the Joint Interagency Task Force North would transition to one or more entities within the United States Government other than the United States Northern Command. (9) Any recommendations for additional legal authority needed for the Joint Interagency Task Force North to effectively carry out its mission. (c) Form \nThe plan required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Interim briefing \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall provide a briefing to the congressional defense committees on progress made in developing the plan required by subsection (a).", "id": "ID957e5a51548140ba9fa86f9d82aaeeed", "header": "Plan for conversion of Joint Task Force North into Joint Interagency Task Force North", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the head of any relevant Federal department or agency and acting through the Under Secretary of Defense for Policy, shall submit to the congressional defense committees a plan for converting the Joint Task Force North of the United States Northern Command into a joint interagency task force to be known as the Joint Interagency Task Force North.", "id": "idc59fb22cf3f247339bb55d086201b0ab", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe plan required by subsection (a) shall include the following: (1) A description of the mission of the Joint Interagency Task Force North. (2) A detailed description of the resources of the Department of Defense, including personnel, facilities, and operating costs, necessary to convert the Joint Task Force North into a joint interagency task force. (3) An identification of— (A) each relevant department and agency of the United States Government the participation in the Joint Interagency Task Force North of which is necessary in order to enable the Joint Interagency Task Force North to effectively carry out its mission; and (B) the interagency arrangements necessary to ensure effective participation by each such department and agency. (4) An identification of each international liaison necessary for the Joint Interagency Task Force North to effectively carry out its mission. (5) A description of the bilateral and multilateral agreements with foreign partners and regional and international organizations that would support the implementation of the mission of the Joint Interagency Task Force North. (6) A description of the relationship between the Joint Interagency Task Force North and the Joint Interagency Task Force South of the United States Southern Command. (7) A description of the relationship between the Joint Interagency Task Force North and the relevant security forces of the Government of Mexico and the Government of the Bahamas. (8) A recommendation on whether the Joint Interagency Task Force North should be an enduring entity and a discussion of the circumstances under which the mission of the Joint Interagency Task Force North would transition to one or more entities within the United States Government other than the United States Northern Command. (9) Any recommendations for additional legal authority needed for the Joint Interagency Task Force North to effectively carry out its mission.", "id": "id8e6ecef7efcc47fe895270acaf0f9a5d", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Form \nThe plan required by subsection (a) shall be submitted in unclassified form but may include a classified annex.", "id": "idd7243c0899b6475f88589486ee2e9605", "header": "Form", "nested": [], "links": [] }, { "text": "(d) Interim briefing \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall provide a briefing to the congressional defense committees on progress made in developing the plan required by subsection (a).", "id": "id1d35fc1acf024517997e7b62c0677555", "header": "Interim briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "1053. Report on use of tactical fighter aircraft and bomber aircraft for deployments and homeland defense missions \n(a) In general \nNot later than May 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report including the results of a study on the use of tactical fighter aircraft and bomber aircraft for deployments and homeland defense missions. (b) Scope \nThe study conducted pursuant to subsection (a) shall— (1) review both deployment and exercise requirements for tactical fighter aircraft and bomber aircraft levied by each geographic combatant command; (2) assess deployable forces currently available to fulfill each of those requirements, and whether those forces are adequate to meet the global requirements; (3) review any relevant tactical fighter forces or bomber forces that are not considered deployable or available to meet combatant command requirements, and consider whether that status can or should change; (4) assess whether adequate consideration has been put into fighter coverage of the homeland during these deployments, in particular within the Alaska Area of Responsibility and the Hawaii Area of Responsibility; and (5) assess Air Force and Navy active duty, Air National Guard, and reserve land-based tactical fighter units that could be considered for inclusion into homeland defense mission requirements.", "id": "IDf000f031c47e44fdb74987618178a669", "header": "Report on use of tactical fighter aircraft and bomber aircraft for deployments and homeland defense missions", "nested": [ { "text": "(a) In general \nNot later than May 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report including the results of a study on the use of tactical fighter aircraft and bomber aircraft for deployments and homeland defense missions.", "id": "idf360d4de4c7746f5936c8f94e75f64e7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Scope \nThe study conducted pursuant to subsection (a) shall— (1) review both deployment and exercise requirements for tactical fighter aircraft and bomber aircraft levied by each geographic combatant command; (2) assess deployable forces currently available to fulfill each of those requirements, and whether those forces are adequate to meet the global requirements; (3) review any relevant tactical fighter forces or bomber forces that are not considered deployable or available to meet combatant command requirements, and consider whether that status can or should change; (4) assess whether adequate consideration has been put into fighter coverage of the homeland during these deployments, in particular within the Alaska Area of Responsibility and the Hawaii Area of Responsibility; and (5) assess Air Force and Navy active duty, Air National Guard, and reserve land-based tactical fighter units that could be considered for inclusion into homeland defense mission requirements.", "id": "ideaf07d3c820941f39e333a2cc40606b9", "header": "Scope", "nested": [], "links": [] } ], "links": [] }, { "text": "1054. Modifications of reporting requirements \n(a) Consolidated budget quarterly report on use of funds \nSection 381(b) of title 10, United States Code, is amended— (1) in the subsection heading, by striking Quarterly report and inserting Semiannual report ; (2) by striking calendar quarter and inserting calendar half ; and (3) by striking such calendar quarter and inserting such calendar half. (b) Monthly counterterrorism operations briefing \n(1) In general \nSection 485 of title 10, United States Code, is amended— (A) in the section heading, by striking Monthly and inserting Quarterly ; and (B) in subsection (a), by striking monthly and inserting quarterly. (2) Clerical amendment \nThe table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 485 and inserting the following new item: 485. Quarterly counterterrorism operations briefings.. (c) National security strategy for the National Technology and Industrial Base \nSection 4811(a) of title 10, United States Code, is amended by striking The Secretary shall submit such strategy to Congress not later than 180 days after the date of submission of the national security strategy report required under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ). and inserting The Secretary shall submit such strategy to Congress as an integrated part of the report submitted under section 4814 of this title.. (d) National Technology and Industrial Base report and quarterly briefing \n(1) In general \nSection 4814 of title 10, United States Code, is amended— (A) by amending the section heading to read as follows: 4814. National Technology and Industrial Base: biennial report \n; (B) by striking (a) Annual report.— ; (C) by striking March 1 of each year and inserting March 1 of each odd-numbered year ; and (D) by striking subsection (b). (2) Clerical amendment \nThe table of sections at the beginning of chapter 382 of such title is amended by striking the item relating to section 4814 and inserting the following: 4814. National Technology and Industrial Base: biennial report.. (3) Conforming amendment \nSection 858(b)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended by striking subparagraph (A). (e) Annual military cyberspace operations report \nSection 1644 of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 394 note; Public Law 116–92 ) is amended— (1) in subsection (a) in the matter preceding paragraph (1) in the first sentence— (A) by inserting effects after all named military cyberspace ; and (B) by striking , operations, cyber effects enabling operations, and cyber operations conducted as defensive operations and inserting conducted for either offensive or defensive purposes ; and (2) in subsection (c), by inserting or cyber effects operations for which Congress has otherwise been provided notice before the period. (f) Independent studies regarding potential cost savings with respect to the nuclear security enterprise and force structure \nSection 1753 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 , 133 Stat. 1852) is hereby repealed. (g) Extension and modification of authority to provide assistance to the vetted syrian opposition \nSection 1231(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ) is amended— (1) in the subsection heading, by striking Quarterly and inserting Semiannual ; and (2) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking quarterly and inserting semiannual ; and (B) in subparagraph (A), by striking 90-day and inserting 180-day. (h) Extension of authority to provide assistance to counter the islamic state of Iraq and Syria \nSection 1233(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ) is amended— (1) in the heading, by striking Quarterly and inserting Semiannual ; and (2) in paragraph (1) in the second sentence of the matter preceding subparagraph (A), by striking quarterly and inserting semiannual. (i) Theft, loss, or release of biological select agents or toxins involving Department of Defense \nSection 1067(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 50 U.S.C. 1528(a) ) is amended to read as follows: (a) Notification \n(1) Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs, shall provide to the congressional defense committees notice of such theft, loss, or release. (2) The Secretary shall provide to the congressional defense committees notice of a release under paragraph (1) only if the Secretary, acting through the Assistant Secretary, determines that the release is outside the barriers of secondary containment into the ambient air or environment or is causing occupational exposure that presents a threat to public safety. (3) In this subsection, the term covered report means a report filed under any of the following (or any successor regulations): (A) Section 331.19 of title 7, Code of Federal Regulations. (B) Section 121.19 of title 9, Code of Federal Regulations. (C) Section 73.19 of title 42, Code of Federal Regulations.. (j) Department of Defense security cooperation workforce development \nSection 1250(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2529) is amended— (1) in paragraph (1), by striking each year and inserting every other year ; and (2) in paragraph (2) in the matter preceding subparagraph (A), by striking for the fiscal year and inserting for the fiscal years. (k) Audit of Department of Defense financial statements \nSection 240a of title 10, United States Code, is amended— (1) by striking (a) Annual audit required.— ; and (2) by striking subsection (b). (l) Financial improvement and audit remediation plan \nSection 240b(b) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking June 30, 2019, and annually thereafter and inserting July 31 each year ; (B) in subparagraph (B)— (i) by striking clauses (vii) through (x); and (ii) by redesignating clauses (xi), (xii), and (xiii) as clauses (vii), (viii), and (ix), respectively; and (C) by striking subparagraph (C); and (2) in paragraph (2)— (A) in subparagraph (A)— (i) by striking June 30 and inserting July 31 ; and (ii) by striking the second sentence; and (B) in subparagraph (b)— (i) by striking June 30 and inserting July 31 ; and (ii) by striking the second sentence. (m) Annual reports on funding \nSection 1009(c) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 240b note) is amended by striking five days and inserting 10 days.", "id": "ID379aa8bc1c704d8994f045f7abfcd8b4", "header": "Modifications of reporting requirements", "nested": [ { "text": "(a) Consolidated budget quarterly report on use of funds \nSection 381(b) of title 10, United States Code, is amended— (1) in the subsection heading, by striking Quarterly report and inserting Semiannual report ; (2) by striking calendar quarter and inserting calendar half ; and (3) by striking such calendar quarter and inserting such calendar half.", "id": "iddf8e59474cb945d690c91c79dd04823b", "header": "Consolidated budget quarterly report on use of funds", "nested": [], "links": [] }, { "text": "(b) Monthly counterterrorism operations briefing \n(1) In general \nSection 485 of title 10, United States Code, is amended— (A) in the section heading, by striking Monthly and inserting Quarterly ; and (B) in subsection (a), by striking monthly and inserting quarterly. (2) Clerical amendment \nThe table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 485 and inserting the following new item: 485. Quarterly counterterrorism operations briefings..", "id": "ida6accb2ec4a84a62b7b1769dfb83fe0a", "header": "Monthly counterterrorism operations briefing", "nested": [], "links": [] }, { "text": "(c) National security strategy for the National Technology and Industrial Base \nSection 4811(a) of title 10, United States Code, is amended by striking The Secretary shall submit such strategy to Congress not later than 180 days after the date of submission of the national security strategy report required under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ). and inserting The Secretary shall submit such strategy to Congress as an integrated part of the report submitted under section 4814 of this title..", "id": "id3b53812f3db24892a5ce016f21566be0", "header": "National security strategy for the National Technology and Industrial Base", "nested": [], "links": [ { "text": "50 U.S.C. 3043", "legal-doc": "usc", "parsable-cite": "usc/50/3043" } ] }, { "text": "(d) National Technology and Industrial Base report and quarterly briefing \n(1) In general \nSection 4814 of title 10, United States Code, is amended— (A) by amending the section heading to read as follows: 4814. National Technology and Industrial Base: biennial report \n; (B) by striking (a) Annual report.— ; (C) by striking March 1 of each year and inserting March 1 of each odd-numbered year ; and (D) by striking subsection (b). (2) Clerical amendment \nThe table of sections at the beginning of chapter 382 of such title is amended by striking the item relating to section 4814 and inserting the following: 4814. National Technology and Industrial Base: biennial report.. (3) Conforming amendment \nSection 858(b)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended by striking subparagraph (A).", "id": "ide1bdc1f1031644ab938c8254301e9039", "header": "National Technology and Industrial Base report and quarterly briefing", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(e) Annual military cyberspace operations report \nSection 1644 of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 394 note; Public Law 116–92 ) is amended— (1) in subsection (a) in the matter preceding paragraph (1) in the first sentence— (A) by inserting effects after all named military cyberspace ; and (B) by striking , operations, cyber effects enabling operations, and cyber operations conducted as defensive operations and inserting conducted for either offensive or defensive purposes ; and (2) in subsection (c), by inserting or cyber effects operations for which Congress has otherwise been provided notice before the period.", "id": "id06430c816fea4b2ba88d471f1e7c090a", "header": "Annual military cyberspace operations report", "nested": [], "links": [ { "text": "10 U.S.C. 394", "legal-doc": "usc", "parsable-cite": "usc/10/394" }, { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" } ] }, { "text": "(f) Independent studies regarding potential cost savings with respect to the nuclear security enterprise and force structure \nSection 1753 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 , 133 Stat. 1852) is hereby repealed.", "id": "id2d4bc6d6093648419d12dedf3df2ec6e", "header": "Independent studies regarding potential cost savings with respect to the nuclear security enterprise and force structure", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" } ] }, { "text": "(g) Extension and modification of authority to provide assistance to the vetted syrian opposition \nSection 1231(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ) is amended— (1) in the subsection heading, by striking Quarterly and inserting Semiannual ; and (2) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking quarterly and inserting semiannual ; and (B) in subparagraph (A), by striking 90-day and inserting 180-day.", "id": "idbb181c252d6342e9acfa8e2e3b2c4a12", "header": "Extension and modification of authority to provide assistance to the vetted syrian opposition", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "(h) Extension of authority to provide assistance to counter the islamic state of Iraq and Syria \nSection 1233(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ) is amended— (1) in the heading, by striking Quarterly and inserting Semiannual ; and (2) in paragraph (1) in the second sentence of the matter preceding subparagraph (A), by striking quarterly and inserting semiannual.", "id": "id68279325dbba40ffbe69e2c7f499bae7", "header": "Extension of authority to provide assistance to counter the islamic state of Iraq and Syria", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "(i) Theft, loss, or release of biological select agents or toxins involving Department of Defense \nSection 1067(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 50 U.S.C. 1528(a) ) is amended to read as follows: (a) Notification \n(1) Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs, shall provide to the congressional defense committees notice of such theft, loss, or release. (2) The Secretary shall provide to the congressional defense committees notice of a release under paragraph (1) only if the Secretary, acting through the Assistant Secretary, determines that the release is outside the barriers of secondary containment into the ambient air or environment or is causing occupational exposure that presents a threat to public safety. (3) In this subsection, the term covered report means a report filed under any of the following (or any successor regulations): (A) Section 331.19 of title 7, Code of Federal Regulations. (B) Section 121.19 of title 9, Code of Federal Regulations. (C) Section 73.19 of title 42, Code of Federal Regulations..", "id": "idfbe9f20599c340e68ab8f02821417938", "header": "Theft, loss, or release of biological select agents or toxins involving Department of Defense", "nested": [], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "50 U.S.C. 1528(a)", "legal-doc": "usc", "parsable-cite": "usc/50/1528" } ] }, { "text": "(j) Department of Defense security cooperation workforce development \nSection 1250(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2529) is amended— (1) in paragraph (1), by striking each year and inserting every other year ; and (2) in paragraph (2) in the matter preceding subparagraph (A), by striking for the fiscal year and inserting for the fiscal years.", "id": "id5d5ed139d23649ae82ab0220db984833", "header": "Department of Defense security cooperation workforce development", "nested": [], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" } ] }, { "text": "(k) Audit of Department of Defense financial statements \nSection 240a of title 10, United States Code, is amended— (1) by striking (a) Annual audit required.— ; and (2) by striking subsection (b).", "id": "id87c6483c9cfb41a39378f62dce5ad21b", "header": "Audit of Department of Defense financial statements", "nested": [], "links": [] }, { "text": "(l) Financial improvement and audit remediation plan \nSection 240b(b) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking June 30, 2019, and annually thereafter and inserting July 31 each year ; (B) in subparagraph (B)— (i) by striking clauses (vii) through (x); and (ii) by redesignating clauses (xi), (xii), and (xiii) as clauses (vii), (viii), and (ix), respectively; and (C) by striking subparagraph (C); and (2) in paragraph (2)— (A) in subparagraph (A)— (i) by striking June 30 and inserting July 31 ; and (ii) by striking the second sentence; and (B) in subparagraph (b)— (i) by striking June 30 and inserting July 31 ; and (ii) by striking the second sentence.", "id": "id045b7745317148ad963cf983780a5a81", "header": "Financial improvement and audit remediation plan", "nested": [], "links": [] }, { "text": "(m) Annual reports on funding \nSection 1009(c) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 240b note) is amended by striking five days and inserting 10 days.", "id": "id85bed7eb1a074c969a8545948361d861", "header": "Annual reports on funding", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "10 U.S.C. 240b", "legal-doc": "usc", "parsable-cite": "usc/10/240b" } ] } ], "links": [ { "text": "50 U.S.C. 3043", "legal-doc": "usc", "parsable-cite": "usc/50/3043" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "10 U.S.C. 394", "legal-doc": "usc", "parsable-cite": "usc/10/394" }, { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "50 U.S.C. 1528(a)", "legal-doc": "usc", "parsable-cite": "usc/50/1528" }, { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "10 U.S.C. 240b", "legal-doc": "usc", "parsable-cite": "usc/10/240b" } ] }, { "text": "4814. National Technology and Industrial Base: biennial report", "id": "id6F8E0038599E470DAE0DC7DF9AC1F007", "header": "National Technology and Industrial Base: biennial report", "nested": [], "links": [] }, { "text": "1055. Report on equipping certain ground combat units with small unmanned aerial systems \n(a) Report required \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the congressional defense committees a report on equipping platoon-sized ground combat formations with covered small unmanned aerial systems. (b) Elements \nThe report submitted pursuant to subsection (a) shall address the following: (1) The use of covered small unmanned aerial systems in the Ukraine conflict and best practices learned. (2) The potential use of covered small unmanned aerial systems to augment small unit tactics and lethality in the ground combat forces. (3) Procurement challenges, legal restrictions, training shortfalls, operational limitations, or other impediments to fielding covered small unmanned aerial systems at the platoon level. (4) A plan to equip platoon-sized ground combat formations in the close combat force with covered small unmanned aerial systems at a basis of issue deemed appropriate by the relevant secretary, including a proposed timeline and fielding strategy. (5) A plan to equip such other ground combat units with covered small unmanned aerial systems as deemed appropriate by the relevant secretaries. (6) An assessment of appropriate mission allocation between Group 3 unmanned aerial systems, Group 1 unmanned aerial systems, and covered small unmanned aerial systems. (c) Definition of covered small unmanned aerial system \nIn this section, the term covered small unmanned aerial system means a lightweight, low-cost, and commercially available unmanned aerial system or drone able to be quickly deployed for— (1) intelligence, surveillance, target acquisition, and reconnaissance; (2) conducting offensive strikes; or (3) other functions as deemed appropriate by the relevant secretaries.", "id": "id95f33ff0d9314effbdffc22c045d71ed", "header": "Report on equipping certain ground combat units with small unmanned aerial systems", "nested": [ { "text": "(a) Report required \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the congressional defense committees a report on equipping platoon-sized ground combat formations with covered small unmanned aerial systems.", "id": "ide733515a738b441da9758b17021bf87b", "header": "Report required", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report submitted pursuant to subsection (a) shall address the following: (1) The use of covered small unmanned aerial systems in the Ukraine conflict and best practices learned. (2) The potential use of covered small unmanned aerial systems to augment small unit tactics and lethality in the ground combat forces. (3) Procurement challenges, legal restrictions, training shortfalls, operational limitations, or other impediments to fielding covered small unmanned aerial systems at the platoon level. (4) A plan to equip platoon-sized ground combat formations in the close combat force with covered small unmanned aerial systems at a basis of issue deemed appropriate by the relevant secretary, including a proposed timeline and fielding strategy. (5) A plan to equip such other ground combat units with covered small unmanned aerial systems as deemed appropriate by the relevant secretaries. (6) An assessment of appropriate mission allocation between Group 3 unmanned aerial systems, Group 1 unmanned aerial systems, and covered small unmanned aerial systems.", "id": "id4998d4429be944cb929c4817a878a89f", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Definition of covered small unmanned aerial system \nIn this section, the term covered small unmanned aerial system means a lightweight, low-cost, and commercially available unmanned aerial system or drone able to be quickly deployed for— (1) intelligence, surveillance, target acquisition, and reconnaissance; (2) conducting offensive strikes; or (3) other functions as deemed appropriate by the relevant secretaries.", "id": "idcbb22718806240cc9e084c72ad6d69d1", "header": "Definition of covered small unmanned aerial system", "nested": [], "links": [] } ], "links": [] }, { "text": "1056. Comprehensive assessment of Marine Corps Force Design 2030 \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a Federally Funded Research and Development Center to conduct an independent review, assessment, and analysis of the Marine Corps modernization initiatives. The required report shall be submitted to the congressional defense committees in written report form not later than one year after entering into the contract. (b) Elements \nThe report required under subsection (a) shall include the following elements: (1) An assessment of changes in the National Defense Strategy, Defense Planning Guidance, the Joint Warfighting Concept, and other strategic documents and concepts that informed Force Design modernization requirements. (2) An assessment of how the Marine Corps, consistent with authorized end strength, can be structured, organized, trained, equipped, and postured to meet the challenges of future competition, crisis, and conflict to include discussion of multiple structural options as relevant and the tradeoffs between different options. (3) An assessment of the ability of the defense innovation base and defense industrial base to develop and produce the technologies required to implement the Marine Corps’ published Force Design modernization plan on a timeline and at production rates sufficient to sustain military operations. (4) An assessment of forward infrastructure and the extent to which installations are operationalized to deter, compete, and prevail during conflict in support of the Marine Corps modernization. (5) An assessment of whether the Marine Corps is in compliance with the statutory organization and functions prescribed in section 8063 of title 10, United States Code. (6) An assessment of the current retention and recruiting environment and the ability of the Marine Corps to sustain manpower requirements necessary for operational requirements levied by title 10, in light of the published Force Design plan. (7) The extent to which the modernization initiatives within the Marine Corps are nested within applicable joint warfighting concepts. (8) An assessment of whether the Marine Corps’ modernization is consistent with the strategy of integrated deterrence. (9) An assessment of the ability of the Marine Corps to generate required force elements for the Immediate Ready Force and the Contingency Ready Force, based on current and planned end strength and structure. (10) The extent to which the Marine Corps’ published plan for modernized capabilities can be integrated across the Joint Force, to include warfighting concepts at the combatant command level. (11) The extent to which the Marine Corps’ modernization efforts currently meet the requirements of combatant commanders’ current plans and global force management operations, to include a description of what mechanisms exist to ensure geographic combatant requirements inform Marine Corps modernization efforts. (12) The extent to which modeling and simulation, experimentation, wargaming, and other analytic methods support the changes incorporated into the Marine Corps’ modernization initiatives, to include underlying assumptions and outcomes of such analyses. (13) An inventory of extant or planned investments as part of the Marine Corps’ modernization efforts, disaggregated by the following capability areas and including actual or projected dates of Initial Operational Capability and Full Operational Capability: (A) Command and Control. (B) Information. (C) Intelligence. (D) Fires. (E) Movement and Maneuver. (F) Protection. (G) Sustainment. (14) An inventory of divestments of capability or capacity, whether force structure or equipment, starting in fiscal year 2020, including— (A) a timeline of the progress of each divestment; (B) the type of force structure or equipment divested or reduced; (C) the percentage of force structure of equipment divested or reduced, including any equipment entered into inventory management or other form of storage; (D) the rationale and context behind such divestment; and (E) an identification of whether such divestment affects the Marine Corps’ ability to meet the requirements of Global Force Management process and the operational plans. (15) An assessment of how observations regarding the invasion and defense of Ukraine affect the feasibility, advisability, and suitability of the Marine Corps’ published modernization plans. (c) Classification of report \nThe report required under subsection (a) shall be submitted in unclassified form, but may include a classified appendix to the extent required to ensure that the report is accurate and complete.", "id": "id35380f9c126a49aa8fa3d8f4627ae4c4", "header": "Comprehensive assessment of Marine Corps Force Design 2030", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a Federally Funded Research and Development Center to conduct an independent review, assessment, and analysis of the Marine Corps modernization initiatives. The required report shall be submitted to the congressional defense committees in written report form not later than one year after entering into the contract.", "id": "idbde0ed0257dd492c94c2992a39bd8aff", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required under subsection (a) shall include the following elements: (1) An assessment of changes in the National Defense Strategy, Defense Planning Guidance, the Joint Warfighting Concept, and other strategic documents and concepts that informed Force Design modernization requirements. (2) An assessment of how the Marine Corps, consistent with authorized end strength, can be structured, organized, trained, equipped, and postured to meet the challenges of future competition, crisis, and conflict to include discussion of multiple structural options as relevant and the tradeoffs between different options. (3) An assessment of the ability of the defense innovation base and defense industrial base to develop and produce the technologies required to implement the Marine Corps’ published Force Design modernization plan on a timeline and at production rates sufficient to sustain military operations. (4) An assessment of forward infrastructure and the extent to which installations are operationalized to deter, compete, and prevail during conflict in support of the Marine Corps modernization. (5) An assessment of whether the Marine Corps is in compliance with the statutory organization and functions prescribed in section 8063 of title 10, United States Code. (6) An assessment of the current retention and recruiting environment and the ability of the Marine Corps to sustain manpower requirements necessary for operational requirements levied by title 10, in light of the published Force Design plan. (7) The extent to which the modernization initiatives within the Marine Corps are nested within applicable joint warfighting concepts. (8) An assessment of whether the Marine Corps’ modernization is consistent with the strategy of integrated deterrence. (9) An assessment of the ability of the Marine Corps to generate required force elements for the Immediate Ready Force and the Contingency Ready Force, based on current and planned end strength and structure. (10) The extent to which the Marine Corps’ published plan for modernized capabilities can be integrated across the Joint Force, to include warfighting concepts at the combatant command level. (11) The extent to which the Marine Corps’ modernization efforts currently meet the requirements of combatant commanders’ current plans and global force management operations, to include a description of what mechanisms exist to ensure geographic combatant requirements inform Marine Corps modernization efforts. (12) The extent to which modeling and simulation, experimentation, wargaming, and other analytic methods support the changes incorporated into the Marine Corps’ modernization initiatives, to include underlying assumptions and outcomes of such analyses. (13) An inventory of extant or planned investments as part of the Marine Corps’ modernization efforts, disaggregated by the following capability areas and including actual or projected dates of Initial Operational Capability and Full Operational Capability: (A) Command and Control. (B) Information. (C) Intelligence. (D) Fires. (E) Movement and Maneuver. (F) Protection. (G) Sustainment. (14) An inventory of divestments of capability or capacity, whether force structure or equipment, starting in fiscal year 2020, including— (A) a timeline of the progress of each divestment; (B) the type of force structure or equipment divested or reduced; (C) the percentage of force structure of equipment divested or reduced, including any equipment entered into inventory management or other form of storage; (D) the rationale and context behind such divestment; and (E) an identification of whether such divestment affects the Marine Corps’ ability to meet the requirements of Global Force Management process and the operational plans. (15) An assessment of how observations regarding the invasion and defense of Ukraine affect the feasibility, advisability, and suitability of the Marine Corps’ published modernization plans.", "id": "id6be05064d1654e3ba4b890daa23ff302", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Classification of report \nThe report required under subsection (a) shall be submitted in unclassified form, but may include a classified appendix to the extent required to ensure that the report is accurate and complete.", "id": "ide8131f1329d94c99882f937e20fa97f1", "header": "Classification of report", "nested": [], "links": [] } ], "links": [] }, { "text": "1057. Strategy to achieve critical mineral supply chain independence for the Department of Defense \n(a) Strategy required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate committees of Congress a strategy to develop supply chains for the Department of Defense that are not dependent on mining or processing of critical minerals in or by covered countries, prioritizing production and processing in the United States, in order to achieve critical mineral supply chain independence from covered countries for the Department by 2035. (2) Elements \nThe strategy required by paragraph (1) shall— (A) identify and assess significant vulnerabilities in the supply chains of contractors and subcontractors of the Department of Defense involving critical minerals that are mined or processed in or by covered countries; (B) identify and recommend changes to the acquisition laws, regulations, and policies of the Department of Defense to ensure contractors and subcontractors of the Department use supply chains involving critical minerals that are not mined or processed in or by covered countries to the greatest extent practicable, prioritizing production and processing in the United States; (C) evaluate the utility and desirability of using authorities provided by the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) to expand supply chains and processing capacity for critical minerals in the United States; (D) evaluate the utility and desirability of expanding authorities provided by the Defense Production Act of 1950 to be used to expand supply chains and processing capacity for critical minerals by countries that are allies or partners of the United States; (E) evaluate the utility and desirability of leveraging the process for acquiring shortfall materials for the National Defense Stockpile under the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq. ) to expand supply chains and processing capacity for critical minerals in the United States and in countries that are allies or partners of the United States; (F) identify areas of potential engagement and partnership with the governments of countries that are allies or partners of the United States to jointly reduce dependence on critical minerals mined or processed in or by covered countries; (G) identify and recommend other policy changes that may be needed to achieve critical mineral supply chain independence from covered countries for the Department; (H) identify and recommend measures to streamline authorities and policies with respect to critical minerals and supply chains for critical minerals; and (I) prioritize the recommendations made in the strategy to achieve critical mineral supply chain independence from covered countries for the Department, prioritizing production and processing in the United States, and taking into consideration economic costs and varying degrees of vulnerability posed to the national security of the United States by reliance on different types of critical minerals. (3) Form of strategy \nThe strategy required by paragraph (1) shall be submitted in classified form but shall include an unclassified summary. (b) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (2) Covered country \nThe term covered country means— (A) a covered nation, as defined in section 4872, title 10, United States Code; and (B) any other country determined by the Secretary of Defense to be a geostrategic competitor or adversary of the United States for purposes of this Act. (3) Critical mineral \nThe term critical mineral means a critical mineral (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) )) that the Secretary of Defense determines to be important to the national security of the United States for purposes of this Act. (4) Shortfall material \nThe term shortfall material means materials determined to be in shortfall in the most recent report on stockpile requirements submitted to Congress under subsection (a) of section 14 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–5 ) and included in the most recent briefing required by subsection (f) of that section.", "id": "id9c841b7e27974c8fabf7b00fe25add89", "header": "Strategy to achieve critical mineral supply chain independence for the Department of Defense", "nested": [ { "text": "(a) Strategy required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate committees of Congress a strategy to develop supply chains for the Department of Defense that are not dependent on mining or processing of critical minerals in or by covered countries, prioritizing production and processing in the United States, in order to achieve critical mineral supply chain independence from covered countries for the Department by 2035. (2) Elements \nThe strategy required by paragraph (1) shall— (A) identify and assess significant vulnerabilities in the supply chains of contractors and subcontractors of the Department of Defense involving critical minerals that are mined or processed in or by covered countries; (B) identify and recommend changes to the acquisition laws, regulations, and policies of the Department of Defense to ensure contractors and subcontractors of the Department use supply chains involving critical minerals that are not mined or processed in or by covered countries to the greatest extent practicable, prioritizing production and processing in the United States; (C) evaluate the utility and desirability of using authorities provided by the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) to expand supply chains and processing capacity for critical minerals in the United States; (D) evaluate the utility and desirability of expanding authorities provided by the Defense Production Act of 1950 to be used to expand supply chains and processing capacity for critical minerals by countries that are allies or partners of the United States; (E) evaluate the utility and desirability of leveraging the process for acquiring shortfall materials for the National Defense Stockpile under the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq. ) to expand supply chains and processing capacity for critical minerals in the United States and in countries that are allies or partners of the United States; (F) identify areas of potential engagement and partnership with the governments of countries that are allies or partners of the United States to jointly reduce dependence on critical minerals mined or processed in or by covered countries; (G) identify and recommend other policy changes that may be needed to achieve critical mineral supply chain independence from covered countries for the Department; (H) identify and recommend measures to streamline authorities and policies with respect to critical minerals and supply chains for critical minerals; and (I) prioritize the recommendations made in the strategy to achieve critical mineral supply chain independence from covered countries for the Department, prioritizing production and processing in the United States, and taking into consideration economic costs and varying degrees of vulnerability posed to the national security of the United States by reliance on different types of critical minerals. (3) Form of strategy \nThe strategy required by paragraph (1) shall be submitted in classified form but shall include an unclassified summary.", "id": "idbbeca4f9964d4c2a9948083bd360b0cd", "header": "Strategy required", "nested": [], "links": [ { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" }, { "text": "50 U.S.C. 98 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/98" } ] }, { "text": "(b) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (2) Covered country \nThe term covered country means— (A) a covered nation, as defined in section 4872, title 10, United States Code; and (B) any other country determined by the Secretary of Defense to be a geostrategic competitor or adversary of the United States for purposes of this Act. (3) Critical mineral \nThe term critical mineral means a critical mineral (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) )) that the Secretary of Defense determines to be important to the national security of the United States for purposes of this Act. (4) Shortfall material \nThe term shortfall material means materials determined to be in shortfall in the most recent report on stockpile requirements submitted to Congress under subsection (a) of section 14 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–5 ) and included in the most recent briefing required by subsection (f) of that section.", "id": "id9aaf389ff21a41749ac04f20c20c0256", "header": "Definitions", "nested": [], "links": [ { "text": "30 U.S.C. 1606(a)", "legal-doc": "usc", "parsable-cite": "usc/30/1606" }, { "text": "50 U.S.C. 98h–5", "legal-doc": "usc", "parsable-cite": "usc/50/98h-5" } ] } ], "links": [ { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" }, { "text": "50 U.S.C. 98 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/98" }, { "text": "30 U.S.C. 1606(a)", "legal-doc": "usc", "parsable-cite": "usc/30/1606" }, { "text": "50 U.S.C. 98h–5", "legal-doc": "usc", "parsable-cite": "usc/50/98h-5" } ] }, { "text": "1058. Quarterly briefing on homeland defense planning \n(a) In general \nNot later than February 1, 2024, and every 90 days thereafter through February 1, 2026, the Secretary of Defense shall provide a briefing to the congressional defense committees on efforts to bolster homeland defense, which is the top priority under the 2022 National Defense Strategy. (b) Contents \nEach briefing required by subsection (a) shall include the following: (1) A summary of any update made to the homeland defense planning guidance of the Department of Defense during the preceding quarter. (2) An update on the latest threats to the homeland posed by the Government of the People's Republic of China, the Government of the Russian Federation, the Government of the Democratic People's Republic of Korea, the Government of Iran, and any other adversary. (3) A description of actions taken by the Department during the preceding quarter to mitigate such threats. (4) An assessment of threats to the homeland in the event of a conflict with any adversary referred to in paragraph (2). (5) A description of actions taken by the Department during the preceding quarter to bolster homeland defense in the event of such a conflict. (6) An update on coordination by the Department with Federal, State, and Tribal agencies to bolster homeland defense. (7) Any other matter the Secretary considers relevant.", "id": "id682b9f71cc5d4667a5fea828c5b208ab", "header": "Quarterly briefing on homeland defense planning", "nested": [ { "text": "(a) In general \nNot later than February 1, 2024, and every 90 days thereafter through February 1, 2026, the Secretary of Defense shall provide a briefing to the congressional defense committees on efforts to bolster homeland defense, which is the top priority under the 2022 National Defense Strategy.", "id": "id757b0bd32e894d6889908da7e3b8fe5f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nEach briefing required by subsection (a) shall include the following: (1) A summary of any update made to the homeland defense planning guidance of the Department of Defense during the preceding quarter. (2) An update on the latest threats to the homeland posed by the Government of the People's Republic of China, the Government of the Russian Federation, the Government of the Democratic People's Republic of Korea, the Government of Iran, and any other adversary. (3) A description of actions taken by the Department during the preceding quarter to mitigate such threats. (4) An assessment of threats to the homeland in the event of a conflict with any adversary referred to in paragraph (2). (5) A description of actions taken by the Department during the preceding quarter to bolster homeland defense in the event of such a conflict. (6) An update on coordination by the Department with Federal, State, and Tribal agencies to bolster homeland defense. (7) Any other matter the Secretary considers relevant.", "id": "id65b89f32cd8148379b4019103f4fca62", "header": "Contents", "nested": [], "links": [] } ], "links": [] }, { "text": "1059. Special operations force structure \n(a) Sense of Senate \nIt is the sense of the Senate that— (1) special operations forces have a vital and increasing role to play in strategic competition in addition to conducting counterterrorism operations and responding to crises; (2) the demand for special operations forces and related capabilities by combatant commanders continues to exceed supply; (3) special operations forces cannot be mass produced during a crisis; (4) most special operations require non-special operations forces support, including engineers, technicians, intelligence analysts, and logisticians; (5) reductions to special operations forces, including critical enablers, would dramatically and negatively impact available options for combatant commanders to engage in strategic competition, carry out counterterrorism operations, and respond to crises; and (6) the Secretary of Defense should not consider any reductions to special operations force structure until after the completion of a comprehensive analysis of special operations force structure and a determination that any planned changes would not have a negative impact on the ability of combatant commanders to support strategic competition, counter terrorism, and respond to crises. (b) Report \nNot later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report assessing the optimal force structure for special operations forces that includes the following elements: (1) A description of the role of special operations forces in implementing the most recent national defense strategy under section 113(g) of title 10, United States Code. (2) A description of ongoing special operations activities, as described in section 167(k) of title 10, United States Code. (3) An assessment of potential future national security threats to the United States across the spectrum of competition and conflict. (4) A description of ongoing counterterrorism and contingency operations of the United States. (5) A detailed accounting of the demand for special operations forces by geographic combatant command. (6) A description of the role of emerging technology on special operations forces. (7) An assessment of current and projected capabilities of other United States Armed Forces that could affect force structure capability and capacity requirements of special operations forces. (8) An assessment of the size, composition, and organizational structure of the military services’ special operations command headquarters and subordinate headquarters elements. (9) An assessment of the readiness of special operations forces for assigned missions and future conflicts. (10) An assessment of the adequacy of special operations force structure for meeting the goals of the National Military Strategy under section 153(b) of title 10, United States Code. (11) A description of the role of special operations forces in supporting the Joint Concept for Competing. (12) Any other matters deemed relevant by the Secretary.", "id": "id3cc4d1a2e27a4f8ebbd957e7a4dbd5bd", "header": "Special operations force structure", "nested": [ { "text": "(a) Sense of Senate \nIt is the sense of the Senate that— (1) special operations forces have a vital and increasing role to play in strategic competition in addition to conducting counterterrorism operations and responding to crises; (2) the demand for special operations forces and related capabilities by combatant commanders continues to exceed supply; (3) special operations forces cannot be mass produced during a crisis; (4) most special operations require non-special operations forces support, including engineers, technicians, intelligence analysts, and logisticians; (5) reductions to special operations forces, including critical enablers, would dramatically and negatively impact available options for combatant commanders to engage in strategic competition, carry out counterterrorism operations, and respond to crises; and (6) the Secretary of Defense should not consider any reductions to special operations force structure until after the completion of a comprehensive analysis of special operations force structure and a determination that any planned changes would not have a negative impact on the ability of combatant commanders to support strategic competition, counter terrorism, and respond to crises.", "id": "id1f117560860c4b5e85ff6d89269e257b", "header": "Sense of Senate", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report assessing the optimal force structure for special operations forces that includes the following elements: (1) A description of the role of special operations forces in implementing the most recent national defense strategy under section 113(g) of title 10, United States Code. (2) A description of ongoing special operations activities, as described in section 167(k) of title 10, United States Code. (3) An assessment of potential future national security threats to the United States across the spectrum of competition and conflict. (4) A description of ongoing counterterrorism and contingency operations of the United States. (5) A detailed accounting of the demand for special operations forces by geographic combatant command. (6) A description of the role of emerging technology on special operations forces. (7) An assessment of current and projected capabilities of other United States Armed Forces that could affect force structure capability and capacity requirements of special operations forces. (8) An assessment of the size, composition, and organizational structure of the military services’ special operations command headquarters and subordinate headquarters elements. (9) An assessment of the readiness of special operations forces for assigned missions and future conflicts. (10) An assessment of the adequacy of special operations force structure for meeting the goals of the National Military Strategy under section 153(b) of title 10, United States Code. (11) A description of the role of special operations forces in supporting the Joint Concept for Competing. (12) Any other matters deemed relevant by the Secretary.", "id": "idf08c63c356c949c4b5741002e35f5e7a", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "1060. Briefing on commercial tools employed by the Department of Defense to assess foreign ownership, control, or influence \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on countering industrial espionage. (b) Elements \nThe request required under subsection (a) shall include the following elements: (1) A description of commercial and organically developed tools employed by the Department of Defense to— (A) assess the risks of foreign malign ownership, control, or influence within the defense industrial base; (B) mitigate vulnerability associated with, but no limited to, the People's Republic of China's, the Russian Federation's, Iran's, or North Korea's foreign ownership, control, or influence of any part of the acquisition supply chain; and (C) vet program personnel to identify technologies and program components most at risk for industrial espionage. (2) A description of specific commercial solutions the Department is currently leveraging to assess and mitigate these risks.", "id": "id2a6aa30958f44262840b59dddae9c659", "header": "Briefing on commercial tools employed by the Department of Defense to assess foreign ownership, control, or influence", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on countering industrial espionage.", "id": "id99713abffcbc4e4caa8bfbf16f7ae5a7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe request required under subsection (a) shall include the following elements: (1) A description of commercial and organically developed tools employed by the Department of Defense to— (A) assess the risks of foreign malign ownership, control, or influence within the defense industrial base; (B) mitigate vulnerability associated with, but no limited to, the People's Republic of China's, the Russian Federation's, Iran's, or North Korea's foreign ownership, control, or influence of any part of the acquisition supply chain; and (C) vet program personnel to identify technologies and program components most at risk for industrial espionage. (2) A description of specific commercial solutions the Department is currently leveraging to assess and mitigate these risks.", "id": "id2b7912dba59f436a88bd40ed5e4ddf5a", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "1061. Plan on countering human trafficking \n(a) Plan \nNot later than 120 days after the date of enactment of this Act, the Secretary of Defense shall submit a plan to the congressional defense committees for coordinating with defense partners in North America and South America and supporting interagency departments and agencies, as appropriate, in countering human trafficking operations, including human trafficking by transnational criminal organizations. (b) Elements of plan \nThe plan under subsection (a) shall include— (1) a description of the threat to United States security from human trafficking operations; (2) a description of the authorities of the Department of Defense for the purposes specified in subsection (a); (3) a description of any current or proposed Department of Defense programs or activities to coordinate with defense partners or provide support to interagency departments and agencies as described in subsection (a); and (4) any recommendations of the Secretary of Defense for additional authorities for the purposes of countering human trafficking, including by transnational criminal organizations. (c) Briefing \nNot later than 180 days after the submission of the plan required under subsection (a), the Secretary of Defense shall brief the congressional defense committees regarding the authorities, programs, and activities of the Department of Defense to counter human trafficking operations.", "id": "id41ed2897edb74ee1a617c0312183759a", "header": "Plan on countering human trafficking", "nested": [ { "text": "(a) Plan \nNot later than 120 days after the date of enactment of this Act, the Secretary of Defense shall submit a plan to the congressional defense committees for coordinating with defense partners in North America and South America and supporting interagency departments and agencies, as appropriate, in countering human trafficking operations, including human trafficking by transnational criminal organizations.", "id": "id8d01bc2e3e384552949df37413a76acf", "header": "Plan", "nested": [], "links": [] }, { "text": "(b) Elements of plan \nThe plan under subsection (a) shall include— (1) a description of the threat to United States security from human trafficking operations; (2) a description of the authorities of the Department of Defense for the purposes specified in subsection (a); (3) a description of any current or proposed Department of Defense programs or activities to coordinate with defense partners or provide support to interagency departments and agencies as described in subsection (a); and (4) any recommendations of the Secretary of Defense for additional authorities for the purposes of countering human trafficking, including by transnational criminal organizations.", "id": "iddf8b79c696704dceaf2cc771abadc8e2", "header": "Elements of plan", "nested": [], "links": [] }, { "text": "(c) Briefing \nNot later than 180 days after the submission of the plan required under subsection (a), the Secretary of Defense shall brief the congressional defense committees regarding the authorities, programs, and activities of the Department of Defense to counter human trafficking operations.", "id": "idcc54025363a14237a8271a7413d987f5", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "1062. Briefing and report on use and effectiveness of United States Naval Station, Guantanamo Bay, Cuba \n(a) In general \nNot later than April 30, 2024, the Secretary of Defense shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and report on whether United States Naval Station, Guantanamo Bay, Cuba, is being used effectively to defend the national security interests of the United States. (b) Elements \nThe briefing and report required by subsection (a) shall— (1) consider— (A) the presence and activities in Cuba of the militaries of foreign governments, such as the Russian Federation and the People's Republic of China; and (B) to what extent the presence and activities of those militaries could compromise the national security of the United States or of United States allies and partners; and (2) discuss— (A) options for dealing with the presence and activities of those militaries in Cuba; and (B) how different use by the United States of United States Naval Station, Guantanamo Bay, might mitigate risk.", "id": "id84fb755d47d34b55bc6f286df2857ca1", "header": "Briefing and report on use and effectiveness of United States Naval Station, Guantanamo Bay, Cuba", "nested": [ { "text": "(a) In general \nNot later than April 30, 2024, the Secretary of Defense shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and report on whether United States Naval Station, Guantanamo Bay, Cuba, is being used effectively to defend the national security interests of the United States.", "id": "idbb2cc2ca59084916b3a6fa0afed393d7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe briefing and report required by subsection (a) shall— (1) consider— (A) the presence and activities in Cuba of the militaries of foreign governments, such as the Russian Federation and the People's Republic of China; and (B) to what extent the presence and activities of those militaries could compromise the national security of the United States or of United States allies and partners; and (2) discuss— (A) options for dealing with the presence and activities of those militaries in Cuba; and (B) how different use by the United States of United States Naval Station, Guantanamo Bay, might mitigate risk.", "id": "id77b2aabc243a41bba1b9ad2163c94d18", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "1063. Ensuring reliable supply of critical minerals \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the People's Republic of China’s dominant share of the global minerals market is a threat to the economic stability, well being, and competitiveness of key industries in the United States; (2) the United States should reduce reliance on the People's Republic of China for critical minerals through— (A) strategic investments in development projects, production technologies, and refining facilities in the United States; and (B) in partnership with strategic allies of the United States that are reliable trading partners, including members of the Quadrilateral Security Dialogue; and (3) the United States Trade Representative should initiate multilateral talks among the countries of the Quadrilateral Security Dialogue to promote shared investment and development of critical minerals. (b) Report required \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the United States Trade Representative, in consultation with the officials specified in paragraph (3), shall submit to the appropriate congressional committees a report on the work of the Trade Representative to address the national security threat posed by the People’s Republic of China’s control of nearly 2/3 of the global supply of critical minerals. (2) Elements \nThe report required by paragraph (1) shall include— (A) a description of the extent of the engagement of the United States with the other countries of the Quadrilateral Security Dialogue to promote shared investment and development of critical minerals during the period beginning on the date of the enactment of this Act and ending on the date of the report; and (B) a description of the plans of the President to leverage the partnership of the countries of the Quadrilateral Security Dialogue to produce a more reliable and secure global supply chain of critical minerals. (3) Officials specified \nThe officials specified in this paragraph are the following: (A) The Secretary of Commerce. (B) The Chief Executive Officer of the United States International Development Finance Corporation. (C) The Secretary of Energy. (D) The Director of the United States Geological Survey. (4) Appropriate congressional committees defined \nIn this subsection, the term appropriate congressional committees means— (A) the Committee on Finance and the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives.", "id": "id567C3550EE594BEE91AB799CFE77D19A", "header": "Ensuring reliable supply of critical minerals", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that— (1) the People's Republic of China’s dominant share of the global minerals market is a threat to the economic stability, well being, and competitiveness of key industries in the United States; (2) the United States should reduce reliance on the People's Republic of China for critical minerals through— (A) strategic investments in development projects, production technologies, and refining facilities in the United States; and (B) in partnership with strategic allies of the United States that are reliable trading partners, including members of the Quadrilateral Security Dialogue; and (3) the United States Trade Representative should initiate multilateral talks among the countries of the Quadrilateral Security Dialogue to promote shared investment and development of critical minerals.", "id": "ida2d84cd5c0d84d43a4162ddbc7c13709", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Report required \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the United States Trade Representative, in consultation with the officials specified in paragraph (3), shall submit to the appropriate congressional committees a report on the work of the Trade Representative to address the national security threat posed by the People’s Republic of China’s control of nearly 2/3 of the global supply of critical minerals. (2) Elements \nThe report required by paragraph (1) shall include— (A) a description of the extent of the engagement of the United States with the other countries of the Quadrilateral Security Dialogue to promote shared investment and development of critical minerals during the period beginning on the date of the enactment of this Act and ending on the date of the report; and (B) a description of the plans of the President to leverage the partnership of the countries of the Quadrilateral Security Dialogue to produce a more reliable and secure global supply chain of critical minerals. (3) Officials specified \nThe officials specified in this paragraph are the following: (A) The Secretary of Commerce. (B) The Chief Executive Officer of the United States International Development Finance Corporation. (C) The Secretary of Energy. (D) The Director of the United States Geological Survey. (4) Appropriate congressional committees defined \nIn this subsection, the term appropriate congressional committees means— (A) the Committee on Finance and the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives.", "id": "idee65b086f6db45c8ba2f8c3ebe0d1b8d", "header": "Report required", "nested": [], "links": [] } ], "links": [] }, { "text": "1071. Matters related to irregular warfare \n(a) Affirming the authority of the Secretary of Defense to conduct irregular warfare \nCongress affirms that the Secretary of Defense is authorized to conduct irregular warfare operations, including clandestine irregular warfare operations, to defend the United States, allies of the United States, and interests of the United States. (b) Definition required \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, for the purposes of joint doctrine, define the term irregular warfare. (c) Rule of construction \nNothing in this section shall be construed to constitute a specific statutory authorization for any of the following: (1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) ). (2) The introduction of United States Armed Forces, within the meaning of the War Powers Resolution ( Public Law 93–148 ; 50 U.S.C. 1541 et seq. ), into hostilities or into situations wherein hostilities are clearly indicated by the circumstances.", "id": "IDa9aecd64ede140ef83efc2284651e27b", "header": "Matters related to irregular warfare", "nested": [ { "text": "(a) Affirming the authority of the Secretary of Defense to conduct irregular warfare \nCongress affirms that the Secretary of Defense is authorized to conduct irregular warfare operations, including clandestine irregular warfare operations, to defend the United States, allies of the United States, and interests of the United States.", "id": "idc57e291d1a184286b1112e35d8bc41ad", "header": "Affirming the authority of the Secretary of Defense to conduct irregular warfare", "nested": [], "links": [] }, { "text": "(b) Definition required \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, for the purposes of joint doctrine, define the term irregular warfare.", "id": "ida42e6e72a0134a4cb9b3dd22e5af06fa", "header": "Definition required", "nested": [], "links": [] }, { "text": "(c) Rule of construction \nNothing in this section shall be construed to constitute a specific statutory authorization for any of the following: (1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) ). (2) The introduction of United States Armed Forces, within the meaning of the War Powers Resolution ( Public Law 93–148 ; 50 U.S.C. 1541 et seq. ), into hostilities or into situations wherein hostilities are clearly indicated by the circumstances.", "id": "idb90d8bbf32bb46059438a1352b3e951d", "header": "Rule of construction", "nested": [], "links": [ { "text": "50 U.S.C. 3093(e)", "legal-doc": "usc", "parsable-cite": "usc/50/3093" }, { "text": "Public Law 93–148", "legal-doc": "public-law", "parsable-cite": "pl/93/148" }, { "text": "50 U.S.C. 1541 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1541" } ] } ], "links": [ { "text": "50 U.S.C. 3093(e)", "legal-doc": "usc", "parsable-cite": "usc/50/3093" }, { "text": "Public Law 93–148", "legal-doc": "public-law", "parsable-cite": "pl/93/148" }, { "text": "50 U.S.C. 1541 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1541" } ] }, { "text": "1072. Joint concept for competing implementation updates \n(a) Implementation update and briefings required \nNot later than March 1, 2024, and every 180 days thereafter through March 1, 2026, the Chairman of the Joint Chiefs of Staff shall provide the congressional defense committees with a written update with accompanying briefing on the implementation of the Joint Concept for Competing, released on February 10, 2023. (b) Elements \nAt a minimum, the written updates and briefings required by subsection (a) shall include— (1) a detailed description of the Joint Staff’s efforts to develop integrated competitive strategies to address the challenges posed by specific adversaries, including those designed to— (A) deter aggression; (B) prepare for armed conflict, if necessary; (C) counter the competitive strategies of adversaries; and (D) support the efforts of interagency, allies and foreign partners, and interorganizational partners; (2) an identification of relevant updates to joint doctrine and professional military education; (3) an update on the Joint Concept for Competing’s concept required capabilities; (4) an explanation of the integration of the Joint Concept for Competing with other ongoing and future joint force development and design efforts; (5) a description of efforts to operationalize the Joint Concept for Competing through a structured approach, including to provide strategic guidance and direction, identify and optimize Joint Force interdependencies with interagency and allied partners, and inform and guide joint force development and design processes; (6) an articulation of concept-required capabilities that are necessary for joint force development and design in support of the Joint Concept for Competing; (7) a description of efforts to coordinate and synchronize Department of Defense activities with those of other interagency and foreign partners for the purpose of integrated campaigning; (8) an identification of any recommendations to better integrate the role of the Joint Force, as identified by the Joint Concept for Competing, with national security efforts of other interagency and foreign partners; (9) an identification of any changes to authorities and resources necessary to fully implement the Joint Concept for Competing; and (10) a description of any other matters deemed relevant by the Chairman of the Joint Chiefs of Staff.", "id": "ID208c070d97de476caf230f99bfa813e9", "header": "Joint concept for competing implementation updates", "nested": [ { "text": "(a) Implementation update and briefings required \nNot later than March 1, 2024, and every 180 days thereafter through March 1, 2026, the Chairman of the Joint Chiefs of Staff shall provide the congressional defense committees with a written update with accompanying briefing on the implementation of the Joint Concept for Competing, released on February 10, 2023.", "id": "id402f93cc86a340a4b4577d0d005c0664", "header": "Implementation update and briefings required", "nested": [], "links": [] }, { "text": "(b) Elements \nAt a minimum, the written updates and briefings required by subsection (a) shall include— (1) a detailed description of the Joint Staff’s efforts to develop integrated competitive strategies to address the challenges posed by specific adversaries, including those designed to— (A) deter aggression; (B) prepare for armed conflict, if necessary; (C) counter the competitive strategies of adversaries; and (D) support the efforts of interagency, allies and foreign partners, and interorganizational partners; (2) an identification of relevant updates to joint doctrine and professional military education; (3) an update on the Joint Concept for Competing’s concept required capabilities; (4) an explanation of the integration of the Joint Concept for Competing with other ongoing and future joint force development and design efforts; (5) a description of efforts to operationalize the Joint Concept for Competing through a structured approach, including to provide strategic guidance and direction, identify and optimize Joint Force interdependencies with interagency and allied partners, and inform and guide joint force development and design processes; (6) an articulation of concept-required capabilities that are necessary for joint force development and design in support of the Joint Concept for Competing; (7) a description of efforts to coordinate and synchronize Department of Defense activities with those of other interagency and foreign partners for the purpose of integrated campaigning; (8) an identification of any recommendations to better integrate the role of the Joint Force, as identified by the Joint Concept for Competing, with national security efforts of other interagency and foreign partners; (9) an identification of any changes to authorities and resources necessary to fully implement the Joint Concept for Competing; and (10) a description of any other matters deemed relevant by the Chairman of the Joint Chiefs of Staff.", "id": "id5109f19bc42a41808820942a6af35448", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "1073. Limitation on certain funding until submission of the Chairman’s Risk Assessment and briefing requirement \n(a) Office of the Chairman of the Joint Chiefs of Staff \nOf the amounts authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Chairman of the Joint Chiefs of Staff, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the following reports are submitted to the Committees on Armed Services of the Senate and the House of Representatives: (1) The 2021 risk assessment mandated by paragraph (2) of subsection (b) of section 153 of title 10, United States Code, and required to be delivered pursuant to paragraph (3) of such subsection by not later than February 15, 2021. (2) The 2023 risk assessment mandated by paragraph (2) of subsection (b) of section 153 of title 10, United States Code, and required to be delivered pursuant to paragraph (3) of such subsection by not later than February 15, 2023. (b) Office of the Secretary of Defense \nOf the amounts authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives: (1) The risk mitigation plan required to be submitted as part of the assessment described under subsection (a)(1), if applicable. (2) The risk mitigation plan required to be submitted as part of the assessment described under subsection (a)(2), if applicable. (c) Briefing requirement \nSection 153 of title 10, United States Code, is amended by adding at the end the following new subsection: (d) Briefing requirement \n(1) Not later than 15 days after the submission of the risk assessment required under subsection (b)(2) or March 1 of each year, whichever is earlier, the Chairman shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the activities of the Chairman under this section. (2) The briefing shall include— (A) a detailed review of the risk assessment required under paragraph (2) of subsection (b), including how it addresses the elements required in subparagraph (B) of such paragraph; (B) an analysis of how the risk assessment informs, and supports, other Joint Staff assessments, including joint capability development assessments, joint force development assessments, comprehensive joint readiness assessments, and global military integration assessments; and (C) if the risk assessment is not delivered at the time of the briefing, a timeline for when the risk assessment will be submitted to the Committees on Armed Services of the Senate and the House of Representatives..", "id": "IDa000b0a39b754e55b41832d864f9a470", "header": "Limitation on certain funding until submission of the Chairman’s Risk Assessment and briefing requirement", "nested": [ { "text": "(a) Office of the Chairman of the Joint Chiefs of Staff \nOf the amounts authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Chairman of the Joint Chiefs of Staff, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the following reports are submitted to the Committees on Armed Services of the Senate and the House of Representatives: (1) The 2021 risk assessment mandated by paragraph (2) of subsection (b) of section 153 of title 10, United States Code, and required to be delivered pursuant to paragraph (3) of such subsection by not later than February 15, 2021. (2) The 2023 risk assessment mandated by paragraph (2) of subsection (b) of section 153 of title 10, United States Code, and required to be delivered pursuant to paragraph (3) of such subsection by not later than February 15, 2023.", "id": "id5133b04a3d284d8e86a6074e1a8a8885", "header": "Office of the Chairman of the Joint Chiefs of Staff", "nested": [], "links": [] }, { "text": "(b) Office of the Secretary of Defense \nOf the amounts authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives: (1) The risk mitigation plan required to be submitted as part of the assessment described under subsection (a)(1), if applicable. (2) The risk mitigation plan required to be submitted as part of the assessment described under subsection (a)(2), if applicable.", "id": "id6d1267cdcab74d94837526f9806b08fa", "header": "Office of the Secretary of Defense", "nested": [], "links": [] }, { "text": "(c) Briefing requirement \nSection 153 of title 10, United States Code, is amended by adding at the end the following new subsection: (d) Briefing requirement \n(1) Not later than 15 days after the submission of the risk assessment required under subsection (b)(2) or March 1 of each year, whichever is earlier, the Chairman shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the activities of the Chairman under this section. (2) The briefing shall include— (A) a detailed review of the risk assessment required under paragraph (2) of subsection (b), including how it addresses the elements required in subparagraph (B) of such paragraph; (B) an analysis of how the risk assessment informs, and supports, other Joint Staff assessments, including joint capability development assessments, joint force development assessments, comprehensive joint readiness assessments, and global military integration assessments; and (C) if the risk assessment is not delivered at the time of the briefing, a timeline for when the risk assessment will be submitted to the Committees on Armed Services of the Senate and the House of Representatives..", "id": "idf61fea72a3ff4960a85a550ba18b8fc0", "header": "Briefing requirement", "nested": [], "links": [] } ], "links": [] }, { "text": "1074. Notification of safety and security concerns at certain Department of Defense laboratories \n(a) In general \nThe Secretary of Defense shall notify the congressional defense committees within 7 days after ceasing operations at any Department of Defense laboratory or facility rated at biosafety level (BSL)–3 or higher for safety or security reasons. (b) Content \nThe notification required under subsection (a) shall include— (1) the reason why operations have ceased at the laboratory or facility; (2) whether appropriate notification to other Federal agencies has occurred; (3) a description of the actions taken to determine the root cause of the cessation; and (4) a description of the actions taken to restore operations at the laboratory or facility.", "id": "ID628449c4ae784f5683c5034ded222c25", "header": "Notification of safety and security concerns at certain Department of Defense laboratories", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall notify the congressional defense committees within 7 days after ceasing operations at any Department of Defense laboratory or facility rated at biosafety level (BSL)–3 or higher for safety or security reasons.", "id": "idfbcf2173ff1a415f9ad9bc560b709a79", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Content \nThe notification required under subsection (a) shall include— (1) the reason why operations have ceased at the laboratory or facility; (2) whether appropriate notification to other Federal agencies has occurred; (3) a description of the actions taken to determine the root cause of the cessation; and (4) a description of the actions taken to restore operations at the laboratory or facility.", "id": "idf9106f0bad804fc8b1ec9c8e0db230d8", "header": "Content", "nested": [], "links": [] } ], "links": [] }, { "text": "1075. Assessment and recommendations relating to infrastructure, capacity, resources, and personnel in Guam \n(a) Assessment \nThe Secretary of Defense, in coordination with the Commander of United States Indo-Pacific Command, shall assess the capacity of existing infrastructure, resources, and personnel available in Guam to meet Indo-Pacific Command strategic objectives. (b) Elements \nThe assessment under subsection (a) shall include the following elements: (1) An appraisal of the potential role Guam could play as a key logistics and operational hub for the United States military in the Indo-Pacific region. (2) An assessment of whether current infrastructure, capacity, resources, and personnel in Guam is sufficient to meet the expected demands during relevant operations and contingency scenarios. (3) An assessment of the adequacy of civilian infrastructure in Guam for supporting the requirements of United States Indo-Pacific Command, including the resilience of such infrastructure in the event of a natural disaster and the vulnerability of such infrastructure to cyber threats. (4) Recommendations to improve current infrastructure, capacity, resources, and personnel in Guam, to include the need for recruiting and retention programs, such as cost-of-living adjustments, initiatives for dealing with any shortages of civilian employees, and programs to improve quality-of-life for personnel assigned to Guam. (5) An assessment of the implementation of Joint Task Force Micronesia, including the Commander’s assessment of requirements for funding, resources, and personnel as compared to what has been programmed in the fiscal year 2024 Future Years Defense Program. (6) Timeline and estimated costs by location and project to support both existing and future roles in the region. (7) Any other matters determined relevant by the Secretary. (c) Report \nNot later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report including the results of the assessment required under subsection (a).", "id": "IDbbcc8a93c36b4fcd908a1d227880461b", "header": "Assessment and recommendations relating to infrastructure, capacity, resources, and personnel in Guam", "nested": [ { "text": "(a) Assessment \nThe Secretary of Defense, in coordination with the Commander of United States Indo-Pacific Command, shall assess the capacity of existing infrastructure, resources, and personnel available in Guam to meet Indo-Pacific Command strategic objectives.", "id": "id48bf93516a1d410c9490e10aed3c0521", "header": "Assessment", "nested": [], "links": [] }, { "text": "(b) Elements \nThe assessment under subsection (a) shall include the following elements: (1) An appraisal of the potential role Guam could play as a key logistics and operational hub for the United States military in the Indo-Pacific region. (2) An assessment of whether current infrastructure, capacity, resources, and personnel in Guam is sufficient to meet the expected demands during relevant operations and contingency scenarios. (3) An assessment of the adequacy of civilian infrastructure in Guam for supporting the requirements of United States Indo-Pacific Command, including the resilience of such infrastructure in the event of a natural disaster and the vulnerability of such infrastructure to cyber threats. (4) Recommendations to improve current infrastructure, capacity, resources, and personnel in Guam, to include the need for recruiting and retention programs, such as cost-of-living adjustments, initiatives for dealing with any shortages of civilian employees, and programs to improve quality-of-life for personnel assigned to Guam. (5) An assessment of the implementation of Joint Task Force Micronesia, including the Commander’s assessment of requirements for funding, resources, and personnel as compared to what has been programmed in the fiscal year 2024 Future Years Defense Program. (6) Timeline and estimated costs by location and project to support both existing and future roles in the region. (7) Any other matters determined relevant by the Secretary.", "id": "id6d67b9fb07b74668accd76ea081e20bf", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report including the results of the assessment required under subsection (a).", "id": "id95d0daf3f1714693beb987236513703b", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "1076. Program and processes relating to foreign acquisition \n(a) Pilot program for combatant command use of Defense Acquisition Workforce Development Account \nEach geographic combatant command may use amounts from the Defense Acquisition Workforce Development Account established under section 1705 of title 10, United States Code, to hire not more than two acquisition specialists or contracting officers to advise the combatant command on foreign arms transfer processes, including the foreign military sales and direct commercial sales processes, for the purpose of facilitating the effective implementation of such processes. (b) Industry day \n(1) In general \nNot later than March 1, 2024, and not less frequently than annually thereafter, the Secretary of Defense shall conduct an industry day— (A) to raise awareness and understanding among officials of foreign governments, embassy personnel, and industry representatives with respect to the role of the Department of Defense in implementing the foreign military sales and direct commercial sales processes; and (B) to raise awareness— (i) within the United States private sector with respect to— (I) foreign demand for United States weapon systems; and (II) potential foreign industry partnering opportunities; and (ii) among officials of foreign governments and embassy personal with respect to potential United States material solutions for capability needs. (2) Format \nIn conducting each industry day under paragraph (1), the Secretary of Defense, to the extent practicable, shall seek to maximize participation by representatives of the commercial defense industry and government officials while minimizing cost, by— (A) convening the industry day at the unclassified security level; (B) making the industry day publicly accessible through teleconference or other virtual means; and (C) disseminating any supporting materials by posting the materials on a publicly accessible internet website. (c) Senior-level industry advisory group \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with representatives of the commercial defense industry, shall establish a senior-level industry advisory group, modeled on the Defense Trade Advisory Group of the Department of State and the Industry Trade Advisory Committees of the Department of Commerce, for the purpose of focusing on the role of the Department of Defense in the foreign military sales process. (2) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on plans to establish the group described in paragraph (1). (d) Department of Defense points of contact for foreign military sales \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each establish a single point of contact— (A) to coordinate information and outreach on Department of Defense implementation of the foreign military sales process; and (B) to respond to inquiries from representatives of the commercial defense industry and partner countries. (2) Points of contact \nThe Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each ensure that the contact information for the corresponding point of contact established under paragraph (1) is— (A) publicized at each industry day conducted under subsection (b); and (B) disseminated among the members of the advisory group established under subsection (f). (e) Combatant command needs for exportability \nNot later than July 1 each year until 2030, the commander of each geographic combatant command shall provide to the Under Secretary of Defense for Acquisition and Sustainment a list of systems relating to research and development or sustainment that would benefit from investment for exportability features in support of the security cooperation objectives of the commander. (f) Sunset \nThis section shall cease to have effect on December 31, 2028.", "id": "ID2cb8837cedaa4964b9207273d9ed701c", "header": "Program and processes relating to foreign acquisition", "nested": [ { "text": "(a) Pilot program for combatant command use of Defense Acquisition Workforce Development Account \nEach geographic combatant command may use amounts from the Defense Acquisition Workforce Development Account established under section 1705 of title 10, United States Code, to hire not more than two acquisition specialists or contracting officers to advise the combatant command on foreign arms transfer processes, including the foreign military sales and direct commercial sales processes, for the purpose of facilitating the effective implementation of such processes.", "id": "idc3ee28df318a4118a245a3fa7ff325ba", "header": "Pilot program for combatant command use of Defense Acquisition Workforce Development Account", "nested": [], "links": [] }, { "text": "(b) Industry day \n(1) In general \nNot later than March 1, 2024, and not less frequently than annually thereafter, the Secretary of Defense shall conduct an industry day— (A) to raise awareness and understanding among officials of foreign governments, embassy personnel, and industry representatives with respect to the role of the Department of Defense in implementing the foreign military sales and direct commercial sales processes; and (B) to raise awareness— (i) within the United States private sector with respect to— (I) foreign demand for United States weapon systems; and (II) potential foreign industry partnering opportunities; and (ii) among officials of foreign governments and embassy personal with respect to potential United States material solutions for capability needs. (2) Format \nIn conducting each industry day under paragraph (1), the Secretary of Defense, to the extent practicable, shall seek to maximize participation by representatives of the commercial defense industry and government officials while minimizing cost, by— (A) convening the industry day at the unclassified security level; (B) making the industry day publicly accessible through teleconference or other virtual means; and (C) disseminating any supporting materials by posting the materials on a publicly accessible internet website.", "id": "id821e336af5ed45c18d0699e395c1ab70", "header": "Industry day", "nested": [], "links": [] }, { "text": "(c) Senior-level industry advisory group \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with representatives of the commercial defense industry, shall establish a senior-level industry advisory group, modeled on the Defense Trade Advisory Group of the Department of State and the Industry Trade Advisory Committees of the Department of Commerce, for the purpose of focusing on the role of the Department of Defense in the foreign military sales process. (2) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on plans to establish the group described in paragraph (1).", "id": "ide2567347587e411e8c7ce53dfd4eb8df", "header": "Senior-level industry advisory group", "nested": [], "links": [] }, { "text": "(d) Department of Defense points of contact for foreign military sales \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each establish a single point of contact— (A) to coordinate information and outreach on Department of Defense implementation of the foreign military sales process; and (B) to respond to inquiries from representatives of the commercial defense industry and partner countries. (2) Points of contact \nThe Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each ensure that the contact information for the corresponding point of contact established under paragraph (1) is— (A) publicized at each industry day conducted under subsection (b); and (B) disseminated among the members of the advisory group established under subsection (f).", "id": "id969e343f976b4e4db84f823b606a4f1f", "header": "Department of Defense points of contact for foreign military sales", "nested": [], "links": [] }, { "text": "(e) Combatant command needs for exportability \nNot later than July 1 each year until 2030, the commander of each geographic combatant command shall provide to the Under Secretary of Defense for Acquisition and Sustainment a list of systems relating to research and development or sustainment that would benefit from investment for exportability features in support of the security cooperation objectives of the commander.", "id": "ida5ae5c1cd2bc40529769e67a86d09ecf", "header": "Combatant command needs for exportability", "nested": [], "links": [] }, { "text": "(f) Sunset \nThis section shall cease to have effect on December 31, 2028.", "id": "ideb32deb49dd9486fa5268e3829dd3c77", "header": "Sunset", "nested": [], "links": [] } ], "links": [] }, { "text": "1077. Technical and conforming amendments related to the Space Force \n(a) Appointment of Chairman; grade and rank \nSection 152(c) of title 10, United States Code, is amended by striking or, in the case of an officer of the Space Force, the equivalent grade,. (b) Joint Requirements Oversight Council \nSection 181(c)(1)(F) of such title is amended by striking in the grade equivalent to the grade of general in the Army, Air Force, or Marine Corps, or admiral in the Navy and inserting in the grade of general. (c) Original appointments of commissioned officers \nSection 531(a) of such title is amended— (1) in paragraph (1), by striking and Regular Marine Corps in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy, and in the equivalent grades in the Regular Space Force and inserting Regular Marine Corps, and Regular Space Force, and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy ; and (2) in paragraph (2), by striking and Regular Marine Corps in the grades of lieutenant commander, commander, and captain in the Regular Navy, and in the equivalent grades in the Regular Space Force and inserting Regular Marine Corps, and Regular Space Force, and in the grades of lieutenant commander, commander, and captain in the Regular Navy. (d) Service credit upon original appointment as a commissioned officer \nSection 533(b)(2) of such title is amended— (1) by striking , or Marine Corps, captain in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force or captain in the Navy. (e) Positions of importance and responsibility \nSection 601(e) of such title is amended— (1) by striking or Marine Corps and inserting Marine Corps, or Space Force, or ; and (2) by striking or the commensurate grades in the Space Force,. (f) Convening of selection boards \nSection 611(a) of such title is amended by striking or Marine Corps and inserting Marine Corps, or Space Force. (g) Information furnished to selection boards \nSection 615(a)(3) of such title is amended— (1) in subparagraph (B)(i), by striking , in the case of the Navy, lieutenant, or in the case of the Space Force, the equivalent grade and inserting or, in the case of the Navy, lieutenant ; and (2) in subparagraph (D), by striking in the case of the Navy, rear admiral, or, in the case of the Space Force, the equivalent grade and inserting or, in the case of the Navy, rear admiral. (h) Special selection review boards \nSection 628a(a)(1)(A) of such title is amended by striking , rear admiral in the Navy, or an equivalent grade in the Space Force and inserting or rear admiral in the Navy. (i) Rank: commissioned officers of the armed forces \nSection 741(a) of such title is amended in the table by striking and Marine Corps and inserting Marine Corps, and Space Force. (j) Regular commissioned officers \nSection 1370 of such title is amended— (1) in subsection (a)(2), by striking rear admiral in the Navy, or the equivalent grade in the Space Force both places it appears and inserting or rear admiral in the Navy ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking or Marine Corps, lieutenant in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or lieutenant in the Navy ; and (ii) in subparagraph (B), by striking or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or rear admiral in the Navy ; (B) in paragraph (4), by striking or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or captain in the Navy ; (C) in paragraph (5)— (i) in subparagraph (A), by striking or Marine Corps, lieutenant commander in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or lieutenant commander in the Navy ; (ii) in subparagraph (B), by striking or Marine Corps, commander or captain in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or commander or captain in the Navy ; and (iii) in subparagraph (C), by striking or Marine Corps, rear admiral (lower half) or rear admiral in the Navy and inserting Marine Corps, or Space Corps, or rear admiral (lower half) or rear admiral in the Navy ; and (D) in paragraph (6), by striking , or an equivalent grade in the Space Force, ; (3) in subsection (c)(1), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or vice admiral or admiral in the Navy ; (4) in subsection (d)— (A) in paragraph (1), by striking or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or rear admiral in the Navy ; and (B) in paragraph (3), by striking or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or captain in the Navy ; (5) in subsection (e)(2), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or vice admiral or admiral in the Navy ; (6) in subsection (f)— (A) in paragraph (3)— (i) in subparagraph (A), by striking or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or rear admiral in the Navy ; and (ii) in subparagraph (B), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or vice admiral or admiral in the Navy ; and (B) in paragraph (6)— (i) in subparagraph (A), by striking or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force and inserting , Marine Corps, or Space Force, or rear admiral in the Navy ; and (ii) in subparagraph (B), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or vice admiral or admiral in the Navy ; and (7) in subsection (g), by striking or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or rear admiral in the Navy. (k) Officers entitled to retired pay for non-regular service \nSection 1370a of such title is amended— (1) in subsection (d)(1), by striking or Marine Corps both places it appears and inserting Marine Corps, or Space Force ; and (2) in subsection (h), by striking or Marine Corps and inserting Marine Corps, or Space Force. (l) Retired base pay \nSection 1406(i)(3)(B)(v) of such title is amended by striking The senior enlisted advisor of the Space Force and inserting Chief Master Sergeant of the Space Force. (m) Financial assistance program for specially selected members \nSection 2107 of such title is amended— (1) in subsection (a)— (A) by striking , as a and inserting or as a ; and (B) by striking or Marine Corps, or as an officer in the equivalent grade in the Space Force and inserting Marine Corps, or Space Force ; and (2) in subsection (d), by striking lieutenant, ensign, or an equivalent grade in the Space Force, and inserting lieutenant or ensign,. (n) Designation of Space Systems Command as a field command of the United States Space Force \nSection 9016(b)(6)(B)(iv)(II) of title 10, United States Code, is amended by striking Space and Missile Systems Center and inserting Space Systems Command. (o) Chief of Space Operations \nSection 9082 of such title is amended— (1) in subsection (a), by striking , flag, or equivalent both places it appears; and (2) in subsection (b), by striking grade in the Space Force equivalent to the grade of general in the Army, Air Force, and Marine Corps, or admiral in the Navy and inserting grade of general. (p) Distinguished flying cross \nSection 9279(a) of such title is amended– (1) by adding or Space Force after Air Force ; and (2) by adding or space after aerial. (q) Airman’s medal \nSection 9280(a)(1) of such title is amended by adding or Space Force after Air Force. (r) Retired grade of commissioned officers \nSection 9341 of such title is amended— (1) in subsection (a)(2), by striking or the Space Force ; and (2) in subsection (b), by striking or Reserve. (s) United States Air Force Institute of Technology: Administration \nSection 9414b(a)(2)(B) of such title is amended by striking or the equivalent grade in the Space Force. (t) Air Force Academy permanent professors; Director of Admissions \nSection 9436 of such title is amended— (1) in subsection (a)— (A) in the first sentence, by striking in the Air Force or the equivalent grade in the Space Force ; (B) in the second sentence— (i) by inserting or Regular Space Force after Regular Air Force ; and (ii) by striking and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force ; and (C) in the third sentence, by striking in the Air Force or the equivalent grade in the Space Force ; and (2) in subsection (b)— (A) in the first sentence, by striking in the Air Force or the equivalent grade in the Space Force both places it appears; and (B) in the second sentence— (i) by inserting or Regular Space Force after Regular Air Force ; and (ii) by striking and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force. (u) Cadets: degree and commission on graduation \nSection 9453(b) of such title is amended by striking in the equivalent grade in. (v) Basic pay rates for enlisted members \nFootnote 2 of the table titled ENLISTED MEMBERS in section 601(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 37 U.S.C. 1009 note) is amended by striking the senior enlisted advisor of the Space Force and inserting Chief Master Sergeant of the Space Force. (w) Pay of senior enlisted members \nSection 210(c)(5) of title 37, United States Code, is amended by striking the senior enlisted advisor of the Space Force and inserting the Chief Master Sergeant of the Space Force. (x) Personal money allowance \nSection 414(b) of title 37, United States Code, is amended by striking the senior enlisted advisor of the Space Force and inserting the Chief Master Sergeant of the Space Force.", "id": "ID22d9432e3905466080aa8d34420009aa", "header": "Technical and conforming amendments related to the Space Force", "nested": [ { "text": "(a) Appointment of Chairman; grade and rank \nSection 152(c) of title 10, United States Code, is amended by striking or, in the case of an officer of the Space Force, the equivalent grade,.", "id": "ide56be414774f4cb1bac383b5e79d9f42", "header": "Appointment of Chairman; grade and rank", "nested": [], "links": [] }, { "text": "(b) Joint Requirements Oversight Council \nSection 181(c)(1)(F) of such title is amended by striking in the grade equivalent to the grade of general in the Army, Air Force, or Marine Corps, or admiral in the Navy and inserting in the grade of general.", "id": "id87edf4060b474d4b81358bb532a329a7", "header": "Joint Requirements Oversight Council", "nested": [], "links": [] }, { "text": "(c) Original appointments of commissioned officers \nSection 531(a) of such title is amended— (1) in paragraph (1), by striking and Regular Marine Corps in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy, and in the equivalent grades in the Regular Space Force and inserting Regular Marine Corps, and Regular Space Force, and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy ; and (2) in paragraph (2), by striking and Regular Marine Corps in the grades of lieutenant commander, commander, and captain in the Regular Navy, and in the equivalent grades in the Regular Space Force and inserting Regular Marine Corps, and Regular Space Force, and in the grades of lieutenant commander, commander, and captain in the Regular Navy.", "id": "iddf0e0e53299946fa879ef38d4f7bba17", "header": "Original appointments of commissioned officers", "nested": [], "links": [] }, { "text": "(d) Service credit upon original appointment as a commissioned officer \nSection 533(b)(2) of such title is amended— (1) by striking , or Marine Corps, captain in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force or captain in the Navy.", "id": "idf750f1febf564ecea4de548c7339a34f", "header": "Service credit upon original appointment as a commissioned officer", "nested": [], "links": [] }, { "text": "(e) Positions of importance and responsibility \nSection 601(e) of such title is amended— (1) by striking or Marine Corps and inserting Marine Corps, or Space Force, or ; and (2) by striking or the commensurate grades in the Space Force,.", "id": "id94b5031bcb5d4811a5c9fd0305e68278", "header": "Positions of importance and responsibility", "nested": [], "links": [] }, { "text": "(f) Convening of selection boards \nSection 611(a) of such title is amended by striking or Marine Corps and inserting Marine Corps, or Space Force.", "id": "ideefed3afe3da4ab982e5e8bfb588bc1d", "header": "Convening of selection boards", "nested": [], "links": [] }, { "text": "(g) Information furnished to selection boards \nSection 615(a)(3) of such title is amended— (1) in subparagraph (B)(i), by striking , in the case of the Navy, lieutenant, or in the case of the Space Force, the equivalent grade and inserting or, in the case of the Navy, lieutenant ; and (2) in subparagraph (D), by striking in the case of the Navy, rear admiral, or, in the case of the Space Force, the equivalent grade and inserting or, in the case of the Navy, rear admiral.", "id": "id62c482947c3b4747b80847ee59616b88", "header": "Information furnished to selection boards", "nested": [], "links": [] }, { "text": "(h) Special selection review boards \nSection 628a(a)(1)(A) of such title is amended by striking , rear admiral in the Navy, or an equivalent grade in the Space Force and inserting or rear admiral in the Navy.", "id": "id29630b4cda71492d92d44429f5939ab1", "header": "Special selection review boards", "nested": [], "links": [] }, { "text": "(i) Rank: commissioned officers of the armed forces \nSection 741(a) of such title is amended in the table by striking and Marine Corps and inserting Marine Corps, and Space Force.", "id": "id5d1ef3b89cc14bea953cdcd52be36192", "header": "Rank: commissioned officers of the armed forces", "nested": [], "links": [] }, { "text": "(j) Regular commissioned officers \nSection 1370 of such title is amended— (1) in subsection (a)(2), by striking rear admiral in the Navy, or the equivalent grade in the Space Force both places it appears and inserting or rear admiral in the Navy ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking or Marine Corps, lieutenant in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or lieutenant in the Navy ; and (ii) in subparagraph (B), by striking or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or rear admiral in the Navy ; (B) in paragraph (4), by striking or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or captain in the Navy ; (C) in paragraph (5)— (i) in subparagraph (A), by striking or Marine Corps, lieutenant commander in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or lieutenant commander in the Navy ; (ii) in subparagraph (B), by striking or Marine Corps, commander or captain in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or commander or captain in the Navy ; and (iii) in subparagraph (C), by striking or Marine Corps, rear admiral (lower half) or rear admiral in the Navy and inserting Marine Corps, or Space Corps, or rear admiral (lower half) or rear admiral in the Navy ; and (D) in paragraph (6), by striking , or an equivalent grade in the Space Force, ; (3) in subsection (c)(1), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or vice admiral or admiral in the Navy ; (4) in subsection (d)— (A) in paragraph (1), by striking or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or rear admiral in the Navy ; and (B) in paragraph (3), by striking or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or captain in the Navy ; (5) in subsection (e)(2), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or vice admiral or admiral in the Navy ; (6) in subsection (f)— (A) in paragraph (3)— (i) in subparagraph (A), by striking or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or rear admiral in the Navy ; and (ii) in subparagraph (B), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or vice admiral or admiral in the Navy ; and (B) in paragraph (6)— (i) in subparagraph (A), by striking or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force and inserting , Marine Corps, or Space Force, or rear admiral in the Navy ; and (ii) in subparagraph (B), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or vice admiral or admiral in the Navy ; and (7) in subsection (g), by striking or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force and inserting Marine Corps, or Space Force, or rear admiral in the Navy.", "id": "id1cca578843b142408310a13506176f0d", "header": "Regular commissioned officers", "nested": [], "links": [] }, { "text": "(k) Officers entitled to retired pay for non-regular service \nSection 1370a of such title is amended— (1) in subsection (d)(1), by striking or Marine Corps both places it appears and inserting Marine Corps, or Space Force ; and (2) in subsection (h), by striking or Marine Corps and inserting Marine Corps, or Space Force.", "id": "idaae93639aa5d4e74a23de45f09aaacd0", "header": "Officers entitled to retired pay for non-regular service", "nested": [], "links": [] }, { "text": "(l) Retired base pay \nSection 1406(i)(3)(B)(v) of such title is amended by striking The senior enlisted advisor of the Space Force and inserting Chief Master Sergeant of the Space Force.", "id": "idee5a24f5fdb348c1aaf62b1233e3f33e", "header": "Retired base pay", "nested": [], "links": [] }, { "text": "(m) Financial assistance program for specially selected members \nSection 2107 of such title is amended— (1) in subsection (a)— (A) by striking , as a and inserting or as a ; and (B) by striking or Marine Corps, or as an officer in the equivalent grade in the Space Force and inserting Marine Corps, or Space Force ; and (2) in subsection (d), by striking lieutenant, ensign, or an equivalent grade in the Space Force, and inserting lieutenant or ensign,.", "id": "id8d7d8bd7af59452fad197aaea866e661", "header": "Financial assistance program for specially selected members", "nested": [], "links": [] }, { "text": "(n) Designation of Space Systems Command as a field command of the United States Space Force \nSection 9016(b)(6)(B)(iv)(II) of title 10, United States Code, is amended by striking Space and Missile Systems Center and inserting Space Systems Command.", "id": "idbe657a04b64c4bb593b5df3139e968ca", "header": "Designation of Space Systems Command as a field command of the United States Space Force", "nested": [], "links": [] }, { "text": "(o) Chief of Space Operations \nSection 9082 of such title is amended— (1) in subsection (a), by striking , flag, or equivalent both places it appears; and (2) in subsection (b), by striking grade in the Space Force equivalent to the grade of general in the Army, Air Force, and Marine Corps, or admiral in the Navy and inserting grade of general.", "id": "id8053594b94574d948504f94edf04604a", "header": "Chief of Space Operations", "nested": [], "links": [] }, { "text": "(p) Distinguished flying cross \nSection 9279(a) of such title is amended– (1) by adding or Space Force after Air Force ; and (2) by adding or space after aerial.", "id": "id7df3062d04164e428e080c9cc9681150", "header": "Distinguished flying cross", "nested": [], "links": [] }, { "text": "(q) Airman’s medal \nSection 9280(a)(1) of such title is amended by adding or Space Force after Air Force.", "id": "idb230ec42f6b4485ca0c518c85a8fa9b8", "header": "Airman’s medal", "nested": [], "links": [] }, { "text": "(r) Retired grade of commissioned officers \nSection 9341 of such title is amended— (1) in subsection (a)(2), by striking or the Space Force ; and (2) in subsection (b), by striking or Reserve.", "id": "id32ecac535eee41a299b08fac30d1c83b", "header": "Retired grade of commissioned officers", "nested": [], "links": [] }, { "text": "(s) United States Air Force Institute of Technology: Administration \nSection 9414b(a)(2)(B) of such title is amended by striking or the equivalent grade in the Space Force.", "id": "idae012dece62c4e45a53293f4773dc641", "header": "United States Air Force Institute of Technology: Administration", "nested": [], "links": [] }, { "text": "(t) Air Force Academy permanent professors; Director of Admissions \nSection 9436 of such title is amended— (1) in subsection (a)— (A) in the first sentence, by striking in the Air Force or the equivalent grade in the Space Force ; (B) in the second sentence— (i) by inserting or Regular Space Force after Regular Air Force ; and (ii) by striking and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force ; and (C) in the third sentence, by striking in the Air Force or the equivalent grade in the Space Force ; and (2) in subsection (b)— (A) in the first sentence, by striking in the Air Force or the equivalent grade in the Space Force both places it appears; and (B) in the second sentence— (i) by inserting or Regular Space Force after Regular Air Force ; and (ii) by striking and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force.", "id": "id042ba21e814d4e599978fc62ef9159f6", "header": "Air Force Academy permanent professors; Director of Admissions", "nested": [], "links": [] }, { "text": "(u) Cadets: degree and commission on graduation \nSection 9453(b) of such title is amended by striking in the equivalent grade in.", "id": "id846e3b84e796490e824c43924f5ffe71", "header": "Cadets: degree and commission on graduation", "nested": [], "links": [] }, { "text": "(v) Basic pay rates for enlisted members \nFootnote 2 of the table titled ENLISTED MEMBERS in section 601(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 37 U.S.C. 1009 note) is amended by striking the senior enlisted advisor of the Space Force and inserting Chief Master Sergeant of the Space Force.", "id": "idbb480b2f71ba4da89592cc6e5a8e3659", "header": "Basic pay rates for enlisted members", "nested": [], "links": [ { "text": "Public Law 109–364", "legal-doc": "public-law", "parsable-cite": "pl/109/364" }, { "text": "37 U.S.C. 1009", "legal-doc": "usc", "parsable-cite": "usc/37/1009" } ] }, { "text": "(w) Pay of senior enlisted members \nSection 210(c)(5) of title 37, United States Code, is amended by striking the senior enlisted advisor of the Space Force and inserting the Chief Master Sergeant of the Space Force.", "id": "id333149072cfd496fbac9a347df461c1e", "header": "Pay of senior enlisted members", "nested": [], "links": [] }, { "text": "(x) Personal money allowance \nSection 414(b) of title 37, United States Code, is amended by striking the senior enlisted advisor of the Space Force and inserting the Chief Master Sergeant of the Space Force.", "id": "id41378f9f76d147489836ebf2d88ba3ea", "header": "Personal money allowance", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 109–364", "legal-doc": "public-law", "parsable-cite": "pl/109/364" }, { "text": "37 U.S.C. 1009", "legal-doc": "usc", "parsable-cite": "usc/37/1009" } ] }, { "text": "1078. Authority to establish commercial integration cells within certain combatant commands \n(a) In general \nThe Commander of the United States Africa Command, the Commander of the United States European Command, the Commander of the United States Indo-Pacific Command, the Commander of the United States Northern Command, and the Commander of the United States Southern Command may each establish— (1) a commercial integration cell within their respective combatant command for the purpose of closely integrating public and private entities with capabilities relevant to the area of operation of such combatant command; and (2) a chief technology officer position within their respective combatant command, who may— (A) oversee such commercial integration cell; and (B) report directly to the commander of the applicable combatant command. (b) Requirements and authorities \nIn establishing the commercial integration cells under subsection (a)(1), each commander described in that paragraph may— (1) make the applicable commercial integration cell available to commercial entities with existing Government contracts up to the Top Secret/Sensitive Compartmented Information clearance level; (2) ensure that such commercial integration cell is an information-sharing partnership rather than a service contract; (3) in the case of a solution identified within the commercial integration cell that requires resources, work within existing resources or processes to request such resources; and (4) integrate lessons learned from the commercial integration cells of the United States Space Command and the United States Central Command. (c) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Commander of the United States Africa Command, the Commander of the United States European Command, the Commander of the United States Indo-Pacific Command, the Commander of the United States Northern Command, and the Commander of the United States Southern Command shall each provide to the Committees on Armed Services of the Senate and the House of Representatives— (1) a briefing on whether a commercial integration cell was implemented and any related progress, including any challenges to implementation; (2) in the case of a commander of a combatant command who chooses not to use the authority provided in this section to establish a commercial integration cell or a chief technology officer— (A) an explanation for not using such authority; and (B) a description of the manner in which such commander is otherwise addressing the need to integrate commercial solutions; and (3) in the case of a combatant command that has an official performing a role similar to the role described for a chief technology officer under subsection (a)(2), a detailed description of the role performed by such official.", "id": "id77f48adfe9a5478b9384a73ec2964817", "header": "Authority to establish commercial integration cells within certain combatant commands", "nested": [ { "text": "(a) In general \nThe Commander of the United States Africa Command, the Commander of the United States European Command, the Commander of the United States Indo-Pacific Command, the Commander of the United States Northern Command, and the Commander of the United States Southern Command may each establish— (1) a commercial integration cell within their respective combatant command for the purpose of closely integrating public and private entities with capabilities relevant to the area of operation of such combatant command; and (2) a chief technology officer position within their respective combatant command, who may— (A) oversee such commercial integration cell; and (B) report directly to the commander of the applicable combatant command.", "id": "id7e8210e05bb1401984eaa77ceefd4f76", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements and authorities \nIn establishing the commercial integration cells under subsection (a)(1), each commander described in that paragraph may— (1) make the applicable commercial integration cell available to commercial entities with existing Government contracts up to the Top Secret/Sensitive Compartmented Information clearance level; (2) ensure that such commercial integration cell is an information-sharing partnership rather than a service contract; (3) in the case of a solution identified within the commercial integration cell that requires resources, work within existing resources or processes to request such resources; and (4) integrate lessons learned from the commercial integration cells of the United States Space Command and the United States Central Command.", "id": "idc7417e9238044f3193e5d89cf012bd72", "header": "Requirements and authorities", "nested": [], "links": [] }, { "text": "(c) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Commander of the United States Africa Command, the Commander of the United States European Command, the Commander of the United States Indo-Pacific Command, the Commander of the United States Northern Command, and the Commander of the United States Southern Command shall each provide to the Committees on Armed Services of the Senate and the House of Representatives— (1) a briefing on whether a commercial integration cell was implemented and any related progress, including any challenges to implementation; (2) in the case of a commander of a combatant command who chooses not to use the authority provided in this section to establish a commercial integration cell or a chief technology officer— (A) an explanation for not using such authority; and (B) a description of the manner in which such commander is otherwise addressing the need to integrate commercial solutions; and (3) in the case of a combatant command that has an official performing a role similar to the role described for a chief technology officer under subsection (a)(2), a detailed description of the role performed by such official.", "id": "idb4f785bfc8454f78affaf44b3c6c750e", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "1079. Modification on limitation on funding for institutions of higher education hosting Confucius Institutes \nSection 1062 of the William M. ( Mac ) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 2241 note) is amended by striking subsection (b).", "id": "id3effe03f62f0433abf470d203c5f8bae", "header": "Modification on limitation on funding for institutions of higher education hosting Confucius Institutes", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 2241", "legal-doc": "usc", "parsable-cite": "usc/10/2241" } ] }, { "text": "1080. Modification of definition of domestic source for title III of Defense Production Act of 1950 \n(a) In general \nSection 702(7) of such Act ( 50 U.S.C. 4552(7) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, two ems to the right; (2) by striking The term and inserting the following: (A) In general \nExcept as provided in subparagraph (B), the term ; (3) in clause (ii), as redesignated by paragraph (1), by striking subparagraph (A) and inserting clause (i) ; and (4) by adding at the end the following new subparagraph (B): (B) Domestic source for title III \n(i) In general \nFor purposes of title III, the term domestic source means a business concern that— (I) performs substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item in— (aa) the United States or Canada; or (bb) subject to clause (ii), Australia or the United Kingdom; and (II) procures from business concerns described in subclause (I) substantially all of any components or assemblies required under a contract with the United States relating to a critical component or critical technology item. (ii) Limitations on use of business concerns in Australia and United Kingdom \n(I) In general \nA business concern described in clause (i)(I)(bb) may be treated as a domestic source only for purposes of the exercise of authorities under title III relating to national defense matters that cannot be fully addressed with business concerns described in clause (i)(I)(aa). (II) National defense matters \nFor purposes of subclause (I), a national defense matter is a matter relating to the development or production of— (aa) a defense article, as defined in section 301 of title 10, United States Code; or (bb) a material critical to national defense or national security, as defined in section 10(f) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–1(f) ).. (b) Reports on exercise of title III authorities \nTitle III of the Defense Production Act of 1950 ( 50 U.S.C. 4531 et seq. ) is amended by adding at the end the following new section: 305. Reports on exercise of authorities \n(a) In general \nThe President, or the head of an agency to which the President has delegated authorities under this title, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities— (1) except as provided by paragraph (2), not later than 30 days after taking the action; and (2) in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action. (b) Elements \n(1) In general \nEach report and briefing required by subsection (a) with respect to an action described in that subsection shall include— (A) a justification of the necessity of the use of authorities under this title; and (B) a description of the financial terms of any related financial transaction. (2) Additional elements relating to business concerns in the United Kingdom or Australia \nEach report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)— (A) a certification that business concerns in the United States or Canada were not available with respect to the action; and (B) an analysis of why such business concerns were not available. (c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and (2) in the case of an action described in subsection (a) involving strategic and critical materials relating to national defense matters (as described in section 702(7)(B)(ii)(II)), the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives..", "id": "id00216ea2003d4c97851d2f75c6601725", "header": "Modification of definition of domestic source for title III of Defense Production Act of 1950", "nested": [ { "text": "(a) In general \nSection 702(7) of such Act ( 50 U.S.C. 4552(7) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, two ems to the right; (2) by striking The term and inserting the following: (A) In general \nExcept as provided in subparagraph (B), the term ; (3) in clause (ii), as redesignated by paragraph (1), by striking subparagraph (A) and inserting clause (i) ; and (4) by adding at the end the following new subparagraph (B): (B) Domestic source for title III \n(i) In general \nFor purposes of title III, the term domestic source means a business concern that— (I) performs substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item in— (aa) the United States or Canada; or (bb) subject to clause (ii), Australia or the United Kingdom; and (II) procures from business concerns described in subclause (I) substantially all of any components or assemblies required under a contract with the United States relating to a critical component or critical technology item. (ii) Limitations on use of business concerns in Australia and United Kingdom \n(I) In general \nA business concern described in clause (i)(I)(bb) may be treated as a domestic source only for purposes of the exercise of authorities under title III relating to national defense matters that cannot be fully addressed with business concerns described in clause (i)(I)(aa). (II) National defense matters \nFor purposes of subclause (I), a national defense matter is a matter relating to the development or production of— (aa) a defense article, as defined in section 301 of title 10, United States Code; or (bb) a material critical to national defense or national security, as defined in section 10(f) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–1(f) )..", "id": "id9806cd32e7424e8cb571863bd66c7b6e", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 4552(7)", "legal-doc": "usc", "parsable-cite": "usc/50/4552" }, { "text": "50 U.S.C. 98h–1(f)", "legal-doc": "usc", "parsable-cite": "usc/50/98h-1" } ] }, { "text": "(b) Reports on exercise of title III authorities \nTitle III of the Defense Production Act of 1950 ( 50 U.S.C. 4531 et seq. ) is amended by adding at the end the following new section: 305. Reports on exercise of authorities \n(a) In general \nThe President, or the head of an agency to which the President has delegated authorities under this title, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities— (1) except as provided by paragraph (2), not later than 30 days after taking the action; and (2) in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action. (b) Elements \n(1) In general \nEach report and briefing required by subsection (a) with respect to an action described in that subsection shall include— (A) a justification of the necessity of the use of authorities under this title; and (B) a description of the financial terms of any related financial transaction. (2) Additional elements relating to business concerns in the United Kingdom or Australia \nEach report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)— (A) a certification that business concerns in the United States or Canada were not available with respect to the action; and (B) an analysis of why such business concerns were not available. (c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and (2) in the case of an action described in subsection (a) involving strategic and critical materials relating to national defense matters (as described in section 702(7)(B)(ii)(II)), the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives..", "id": "id419cde8e88094002b1a17fe015bb0638", "header": "Reports on exercise of title III authorities", "nested": [], "links": [ { "text": "50 U.S.C. 4531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4531" } ] } ], "links": [ { "text": "50 U.S.C. 4552(7)", "legal-doc": "usc", "parsable-cite": "usc/50/4552" }, { "text": "50 U.S.C. 98h–1(f)", "legal-doc": "usc", "parsable-cite": "usc/50/98h-1" }, { "text": "50 U.S.C. 4531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4531" } ] }, { "text": "305. Reports on exercise of authorities \n(a) In general \nThe President, or the head of an agency to which the President has delegated authorities under this title, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities— (1) except as provided by paragraph (2), not later than 30 days after taking the action; and (2) in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action. (b) Elements \n(1) In general \nEach report and briefing required by subsection (a) with respect to an action described in that subsection shall include— (A) a justification of the necessity of the use of authorities under this title; and (B) a description of the financial terms of any related financial transaction. (2) Additional elements relating to business concerns in the United Kingdom or Australia \nEach report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)— (A) a certification that business concerns in the United States or Canada were not available with respect to the action; and (B) an analysis of why such business concerns were not available. (c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and (2) in the case of an action described in subsection (a) involving strategic and critical materials relating to national defense matters (as described in section 702(7)(B)(ii)(II)), the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.", "id": "ida032258699e54aea95b363eba4908854", "header": "Reports on exercise of authorities", "nested": [ { "text": "(a) In general \nThe President, or the head of an agency to which the President has delegated authorities under this title, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities— (1) except as provided by paragraph (2), not later than 30 days after taking the action; and (2) in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action.", "id": "id021874f24d8d49299498bf813f47a87d", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \n(1) In general \nEach report and briefing required by subsection (a) with respect to an action described in that subsection shall include— (A) a justification of the necessity of the use of authorities under this title; and (B) a description of the financial terms of any related financial transaction. (2) Additional elements relating to business concerns in the United Kingdom or Australia \nEach report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)— (A) a certification that business concerns in the United States or Canada were not available with respect to the action; and (B) an analysis of why such business concerns were not available.", "id": "ida4aed9d05901440f8debe6a18d304a6d", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and (2) in the case of an action described in subsection (a) involving strategic and critical materials relating to national defense matters (as described in section 702(7)(B)(ii)(II)), the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.", "id": "idefec12d14ab340f59ef05cc5ea874480", "header": "Appropriate congressional committees defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1081. Comprehensive strategy for talent development and management of Department of Defense computer programming workforce \n(a) Policy \nIt shall be a policy of the Armed Forces, including the reserve components, to establish appropriate and effective talent development and management policies and practices that allow for the military departments to present an adaptable, qualified workforce training and education standard with respect to computer programming skill needs for the workforce of the Department of Defense, including technical and nontechnical skills related to artificial intelligence and software coding. (b) Strategy required \n(1) In general \nThe Secretary of Defense, in consultation with the Secretaries of each military department and the Chairman of the Joint Chiefs of Staff, shall develop a strategy to achieve the policy set forth in subsection (a). (2) Elements \nThe strategy required by paragraph (1) shall include— (A) the development, funding, and execution of a coherent approach and transparent strategy across digital platforms and applications that enable development and presentation of forces with appropriate programmatic oversight for both active and reserve component workforces; (B) the evaluation of the potential need for career field occupational codes or other service-specific talent management mechanisms aligned with the work roles related to computer programming, artificial intelligence and machine learning competency, and software engineering under the Department of Defense Cyber Workforce Framework to allow for the military departments to identify, assess, track, manage, and assign personnel with computer programming, coding, and artificial intelligence skills through established mechanisms, under the policies of the military departments with respect to career field management, including— (i) development, modification, or revalidation of a career field or separate occupational code for computer programming occupational areas aligned with such work roles; and (ii) development, modification, or revalidation of a unique special skills or experience designator or qualification, tracked independently of a career field, for computer programming occupational areas aligned with such work roles; (C) the evaluation of current talent management processes to incorporate equivalency assessment as part of the qualification standard to accommodate experiences, training, or skills developed as a result of other work experience or training opportunities, including potentially from civilian occupations or commercially-available training courses (D) assessment of members of the Armed Forces who have completed the qualification process of the military department concerned or who qualify based on existing skills and training across computer programming occupational areas; and (E) maintaining data on, and longitudinal tracking of, members of the Armed Forces described in subparagraph (D). (c) Responsibilities \nThe Secretary of each military department, in consultation with the Assistant Secretary of the military department for Manpower and Reserve Affairs, the Chief Information Officer of the Department of Defense, and the Chief Digital and Artificial Intelligence Officer of the Office of the Secretary of Defense, shall— (1) be responsible for development and implementation of the policy set forth in subsection (a) and strategy required by subsection (b); and (2) carry out that responsibility through an officer or employee of the military department assigned by the Secretary for that purpose. (d) Duties \nIn developing and providing for the implementation of the policy set forth in subsection (a) and strategy required by subsection (b), the Secretary of each military department, in consultation with the Assistant Secretary of the military department for Manpower and Reserve Affairs, the Chief Information Officer of the military department, the Chief Information Officer of the Department of Defense, and the Chief Digital and Artificial Intelligence Officer of the Office of the Secretary of Defense, shall establish and update relevant policies and practices to enable the talent development and management to provide a workforce capable of conducting computer programming, software coding, and artificial intelligence activities, including by meeting related manning, systems, training, and other related funding requirements. (e) Strategy and implementation plans \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of each military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives the strategy required by subsection (b). (2) Implementation plans required \nNot later than one year after the date of the enactment of this Act, the Secretary of each military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a implementation plan for the strategy required by subsection (b), including identification of resource needs and areas where current internal policy or legal statutes may need to be updated. (f) Definitions \nIn this section: (1) Computer programming occupational area \nThe term computer programming occupational area means a technical or nontechnical occupational position that supports computer programming, coding, or artificial intelligence operations and development, including the following positions: (A) Data scientists. (B) Data engineers. (C) Data analysts. (D) Software developers. (E) Machine learning engineers. (F) Program managers. (G) Acquisition professionals. (2) Digital platform or application \nThe term digital platform or application means an online integrated personnel management system or human capital solution. (3) Qualification process \nThe term qualification process — (A) means the process, modeled on a streamlined version of the process for obtaining joint qualifications, for training and verifying members of the Armed Forces to receive career field or occupational codes associated with computer programming occupational areas; and (B) may include— (i) experiences, education, and training received as a part of military service, including fellowships, talent exchanges, positions within government, and educational courses; and (ii) in the case of members of the reserve components, experiences, education, and training received in their civilian occupations. (4) Standard \nThe term standard means the defined, reviewed, and published standard for occupational series or career fields that provides a measurable standard by which the military departments can assess the ability to meet their operational planning and steady-state force presentation requirements during the global force management process.", "id": "idc673305c3ec94dcf917a8c184135993a", "header": "Comprehensive strategy for talent development and management of Department of Defense computer programming workforce", "nested": [ { "text": "(a) Policy \nIt shall be a policy of the Armed Forces, including the reserve components, to establish appropriate and effective talent development and management policies and practices that allow for the military departments to present an adaptable, qualified workforce training and education standard with respect to computer programming skill needs for the workforce of the Department of Defense, including technical and nontechnical skills related to artificial intelligence and software coding.", "id": "id0a2e79f4d9ce45789cdb69d6aaa87368", "header": "Policy", "nested": [], "links": [] }, { "text": "(b) Strategy required \n(1) In general \nThe Secretary of Defense, in consultation with the Secretaries of each military department and the Chairman of the Joint Chiefs of Staff, shall develop a strategy to achieve the policy set forth in subsection (a). (2) Elements \nThe strategy required by paragraph (1) shall include— (A) the development, funding, and execution of a coherent approach and transparent strategy across digital platforms and applications that enable development and presentation of forces with appropriate programmatic oversight for both active and reserve component workforces; (B) the evaluation of the potential need for career field occupational codes or other service-specific talent management mechanisms aligned with the work roles related to computer programming, artificial intelligence and machine learning competency, and software engineering under the Department of Defense Cyber Workforce Framework to allow for the military departments to identify, assess, track, manage, and assign personnel with computer programming, coding, and artificial intelligence skills through established mechanisms, under the policies of the military departments with respect to career field management, including— (i) development, modification, or revalidation of a career field or separate occupational code for computer programming occupational areas aligned with such work roles; and (ii) development, modification, or revalidation of a unique special skills or experience designator or qualification, tracked independently of a career field, for computer programming occupational areas aligned with such work roles; (C) the evaluation of current talent management processes to incorporate equivalency assessment as part of the qualification standard to accommodate experiences, training, or skills developed as a result of other work experience or training opportunities, including potentially from civilian occupations or commercially-available training courses (D) assessment of members of the Armed Forces who have completed the qualification process of the military department concerned or who qualify based on existing skills and training across computer programming occupational areas; and (E) maintaining data on, and longitudinal tracking of, members of the Armed Forces described in subparagraph (D).", "id": "idf722a8c3ddf24d7eb2eb9f7e21b524e0", "header": "Strategy required", "nested": [], "links": [] }, { "text": "(c) Responsibilities \nThe Secretary of each military department, in consultation with the Assistant Secretary of the military department for Manpower and Reserve Affairs, the Chief Information Officer of the Department of Defense, and the Chief Digital and Artificial Intelligence Officer of the Office of the Secretary of Defense, shall— (1) be responsible for development and implementation of the policy set forth in subsection (a) and strategy required by subsection (b); and (2) carry out that responsibility through an officer or employee of the military department assigned by the Secretary for that purpose.", "id": "id35516e2728504643aafb302661b11979", "header": "Responsibilities", "nested": [], "links": [] }, { "text": "(d) Duties \nIn developing and providing for the implementation of the policy set forth in subsection (a) and strategy required by subsection (b), the Secretary of each military department, in consultation with the Assistant Secretary of the military department for Manpower and Reserve Affairs, the Chief Information Officer of the military department, the Chief Information Officer of the Department of Defense, and the Chief Digital and Artificial Intelligence Officer of the Office of the Secretary of Defense, shall establish and update relevant policies and practices to enable the talent development and management to provide a workforce capable of conducting computer programming, software coding, and artificial intelligence activities, including by meeting related manning, systems, training, and other related funding requirements.", "id": "id349447a8390741c3ba7d7fed184ae0fa", "header": "Duties", "nested": [], "links": [] }, { "text": "(e) Strategy and implementation plans \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of each military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives the strategy required by subsection (b). (2) Implementation plans required \nNot later than one year after the date of the enactment of this Act, the Secretary of each military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a implementation plan for the strategy required by subsection (b), including identification of resource needs and areas where current internal policy or legal statutes may need to be updated.", "id": "id4930a1c70bcb48aaafb8505e70ca00e9", "header": "Strategy and implementation plans", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Computer programming occupational area \nThe term computer programming occupational area means a technical or nontechnical occupational position that supports computer programming, coding, or artificial intelligence operations and development, including the following positions: (A) Data scientists. (B) Data engineers. (C) Data analysts. (D) Software developers. (E) Machine learning engineers. (F) Program managers. (G) Acquisition professionals. (2) Digital platform or application \nThe term digital platform or application means an online integrated personnel management system or human capital solution. (3) Qualification process \nThe term qualification process — (A) means the process, modeled on a streamlined version of the process for obtaining joint qualifications, for training and verifying members of the Armed Forces to receive career field or occupational codes associated with computer programming occupational areas; and (B) may include— (i) experiences, education, and training received as a part of military service, including fellowships, talent exchanges, positions within government, and educational courses; and (ii) in the case of members of the reserve components, experiences, education, and training received in their civilian occupations. (4) Standard \nThe term standard means the defined, reviewed, and published standard for occupational series or career fields that provides a measurable standard by which the military departments can assess the ability to meet their operational planning and steady-state force presentation requirements during the global force management process.", "id": "ida98c2418ff8846de8cd5491b57c94b27", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "1082. Limitation on availability of funds for destruction of landmines \n(a) Limitation \nExcept as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Department of Defense may be obligated or expended for the destruction of anti-personnel landmine munitions before the date on which the Secretary of Defense submits the report required by subsection (c). (b) Exception for safety \nSubsection (a) shall not apply to any anti-personnel landmine munitions that the Secretary of Defense determines are unsafe or could pose a safety risk to the United States Armed Forces if not demilitarized or destroyed. (c) Report required \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes each of the following: (A) A description of the policy of the Department of Defense regarding the use of anti-personnel landmines, including methods for commanders to seek waivers to use such munitions. (B) Projections covering the period of 10 years following the date of the report of— (i) the inventory levels for all anti-personnel landmine munitions, taking into account future production of anti-personnel landmine munitions, any plans for demilitarization of such munitions, the age of the munitions, storage and safety considerations, and any other factors that are expected to impact the size of the inventory; (ii) the cost to achieve the inventory levels projected in clause (i), including the cost for potential demilitarization or disposal of such munitions; and (iii) the cost to develop and produce new anti-personnel landmine munitions the Secretary determines are necessary to meet the demands of operational plans. (C) An assessment by the Chairman of the Joint Chiefs of Staff of the effects of the inventory levels projected under subparagraph (B)(i) on operational plans. (D) Any inputs by the Chairman and the commanders of the combatant commands to a policy process that resulted in a change in landmine policy during the calendar year preceding the date of the enactment of this Act. (E) Any other matters that the Secretary determines appropriate for inclusion in the report. (2) Form of report \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (d) Briefing required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the status, as of the date of the briefing, of research and development into operational alternatives to anti-personnel landmine munitions. (2) Form of briefing \nThe briefing required by paragraph (1) may contain classified information. (e) Anti-personnel landmine munitions defined \nIn this section, the term anti-personnel landmine munitions includes anti-personnel landmines and submunitions, as defined by the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, concluded at Oslo September 18, 1997, as determined by the Secretary.", "id": "ID5189e258c61a44deb0cb9f27f02c3a10", "header": "Limitation on availability of funds for destruction of landmines", "nested": [ { "text": "(a) Limitation \nExcept as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Department of Defense may be obligated or expended for the destruction of anti-personnel landmine munitions before the date on which the Secretary of Defense submits the report required by subsection (c).", "id": "H10BF6691F05341CB9722C2055116881B", "header": "Limitation", "nested": [], "links": [] }, { "text": "(b) Exception for safety \nSubsection (a) shall not apply to any anti-personnel landmine munitions that the Secretary of Defense determines are unsafe or could pose a safety risk to the United States Armed Forces if not demilitarized or destroyed.", "id": "H5CE1A4B4BAC744CAA30FD53BF37EB0D8", "header": "Exception for safety", "nested": [], "links": [] }, { "text": "(c) Report required \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes each of the following: (A) A description of the policy of the Department of Defense regarding the use of anti-personnel landmines, including methods for commanders to seek waivers to use such munitions. (B) Projections covering the period of 10 years following the date of the report of— (i) the inventory levels for all anti-personnel landmine munitions, taking into account future production of anti-personnel landmine munitions, any plans for demilitarization of such munitions, the age of the munitions, storage and safety considerations, and any other factors that are expected to impact the size of the inventory; (ii) the cost to achieve the inventory levels projected in clause (i), including the cost for potential demilitarization or disposal of such munitions; and (iii) the cost to develop and produce new anti-personnel landmine munitions the Secretary determines are necessary to meet the demands of operational plans. (C) An assessment by the Chairman of the Joint Chiefs of Staff of the effects of the inventory levels projected under subparagraph (B)(i) on operational plans. (D) Any inputs by the Chairman and the commanders of the combatant commands to a policy process that resulted in a change in landmine policy during the calendar year preceding the date of the enactment of this Act. (E) Any other matters that the Secretary determines appropriate for inclusion in the report. (2) Form of report \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.", "id": "H07F0B01571314D7DB66D7C58D3327123", "header": "Report required", "nested": [], "links": [] }, { "text": "(d) Briefing required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the status, as of the date of the briefing, of research and development into operational alternatives to anti-personnel landmine munitions. (2) Form of briefing \nThe briefing required by paragraph (1) may contain classified information.", "id": "H47F70CE51FEC427E8798EBDABEC93617", "header": "Briefing required", "nested": [], "links": [] }, { "text": "(e) Anti-personnel landmine munitions defined \nIn this section, the term anti-personnel landmine munitions includes anti-personnel landmines and submunitions, as defined by the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, concluded at Oslo September 18, 1997, as determined by the Secretary.", "id": "HCFBBD11E723143D791E5F3F27B5B5174", "header": "Anti-personnel landmine munitions defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1083. Nogales wastewater improvement \n(a) Amendment to the Act of July 27, 1953 \nThe first section of the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 ), is amended by striking the period at the end and inserting : Provided further , That the equitable portion of the Nogales sanitation project for the city of Nogales, Arizona, shall be limited to the costs directly associated with the treatment and conveyance of the wastewater of the city and, to the extent practicable, shall not include any costs directly associated with the quality or quantity of wastewater originating in Mexico.. (b) Nogales sanitation project \n(1) Definitions \nIn this subsection: (A) City \nThe term City means the City of Nogales, Arizona. (B) Commission \nThe term Commission means the United States Section of the International Boundary and Water Commission. (C) International Outfall Interceptor \nThe term International Outfall Interceptor means the pipeline that conveys wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant. (D) Nogales International Wastewater Treatment Plant \nThe term Nogales International Wastewater Treatment Plant means the wastewater treatment plant that— (i) is operated by the Commission; (ii) is located in Rio Rico, Santa Cruz County, Arizona, after manhole 99; and (iii) treats sewage and wastewater originating from— (I) Nogales, Sonora, Mexico; and (II) Nogales, Arizona. (2) Ownership and control \n(A) In general \nSubject to subparagraph (B) and in accordance with authority under the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 et seq. ), on transfer by donation from the City of the current stake of the City in the International Outfall Interceptor to the Commission, the Commission shall enter into such agreements as are necessary to assume full ownership and control over the International Outfall Interceptor. (B) Agreements required \nThe Commission shall assume full ownership and control over the International Outfall Interceptor under subparagraph (A) after all applicable governing bodies in the State of Arizona, including the City, have— (i) signed memoranda of understanding granting to the Commission access to existing easements for a right of entry to the International Outfall Interceptor for the life of the International Outfall Interceptor; (ii) entered into an agreement with respect to the flows entering the International Outfall Interceptor that are controlled by the City; and (iii) agreed to work in good faith to expeditiously enter into such other agreements as are necessary for the Commission to operate and maintain the International Outfall Interceptor. (3) Operations and maintenance \n(A) In general \nBeginning on the date on which the Commission assumes full ownership and control of the International Outfall Interceptor under paragraph (2)(A), but subject to paragraph (5), the Commission shall be responsible for the operations and maintenance of the International Outfall Interceptor. (B) Authorization of appropriations \nThere are authorized to be appropriated to the Commission to carry out this paragraph, to remain available until expended— (i) $6,500,000 for fiscal year 2025; and (ii) not less than $2,500,000 for fiscal year 2026 and each fiscal year thereafter. (4) Debris screen \n(A) Debris screen required \n(i) In general \nThe Commission shall construct, operate, and maintain a debris screen at Manhole One of the International Outfall Interceptor for intercepting debris and drug bundles coming to the United States from Nogales, Sonora, Mexico. (ii) Requirement \nIn constructing and operating the debris screen under clause (i), the Commission and the Commissioner of U.S. Customs and Border Protection shall coordinate— (I) the removal of drug bundles and other illicit goods caught in the debris screen; and (II) other operations at the International Outfall Interceptor that require coordination. (B) Authorization of appropriations \nThere are authorized to be appropriated to the Commission, to remain available until expended— (i) for fiscal year 2025— (I) $8,000,000 for construction of the debris screen described in subparagraph (A)(i); and (II) not less than $1,000,000 for the operations and maintenance of the debris screen described in subparagraph (A)(i); and (ii) not less than $1,000,000 for fiscal year 2026 and each fiscal year thereafter for the operations and maintenance of the debris screen described in subparagraph (A)(i). (5) Limitation of claims \nChapter 171 and section 1346(b) of title 28, United States Code (commonly known as the Federal Tort Claims Act ), shall not apply to any claim arising from the activities of the Commission in carrying out this subsection, including any claim arising from damages that result from overflow of the International Outfall Interceptor due to excess inflow to the International Outfall Interceptor originating from Nogales, Sonora, Mexico. (c) Effective date \nThis section (including the amendments made by this section) takes effect on October 1, 2024.", "id": "idFCB4534482AB419A8A9A62CE3F6544B4", "header": "Nogales wastewater improvement", "nested": [ { "text": "(a) Amendment to the Act of July 27, 1953 \nThe first section of the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 ), is amended by striking the period at the end and inserting : Provided further , That the equitable portion of the Nogales sanitation project for the city of Nogales, Arizona, shall be limited to the costs directly associated with the treatment and conveyance of the wastewater of the city and, to the extent practicable, shall not include any costs directly associated with the quality or quantity of wastewater originating in Mexico..", "id": "id9D49B50F6F6F4BB69D8C1A75DD5178D6", "header": "Amendment to the Act of July 27, 1953", "nested": [], "links": [ { "text": "22 U.S.C. 277d–10", "legal-doc": "usc", "parsable-cite": "usc/22/277d-10" } ] }, { "text": "(b) Nogales sanitation project \n(1) Definitions \nIn this subsection: (A) City \nThe term City means the City of Nogales, Arizona. (B) Commission \nThe term Commission means the United States Section of the International Boundary and Water Commission. (C) International Outfall Interceptor \nThe term International Outfall Interceptor means the pipeline that conveys wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant. (D) Nogales International Wastewater Treatment Plant \nThe term Nogales International Wastewater Treatment Plant means the wastewater treatment plant that— (i) is operated by the Commission; (ii) is located in Rio Rico, Santa Cruz County, Arizona, after manhole 99; and (iii) treats sewage and wastewater originating from— (I) Nogales, Sonora, Mexico; and (II) Nogales, Arizona. (2) Ownership and control \n(A) In general \nSubject to subparagraph (B) and in accordance with authority under the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 et seq. ), on transfer by donation from the City of the current stake of the City in the International Outfall Interceptor to the Commission, the Commission shall enter into such agreements as are necessary to assume full ownership and control over the International Outfall Interceptor. (B) Agreements required \nThe Commission shall assume full ownership and control over the International Outfall Interceptor under subparagraph (A) after all applicable governing bodies in the State of Arizona, including the City, have— (i) signed memoranda of understanding granting to the Commission access to existing easements for a right of entry to the International Outfall Interceptor for the life of the International Outfall Interceptor; (ii) entered into an agreement with respect to the flows entering the International Outfall Interceptor that are controlled by the City; and (iii) agreed to work in good faith to expeditiously enter into such other agreements as are necessary for the Commission to operate and maintain the International Outfall Interceptor. (3) Operations and maintenance \n(A) In general \nBeginning on the date on which the Commission assumes full ownership and control of the International Outfall Interceptor under paragraph (2)(A), but subject to paragraph (5), the Commission shall be responsible for the operations and maintenance of the International Outfall Interceptor. (B) Authorization of appropriations \nThere are authorized to be appropriated to the Commission to carry out this paragraph, to remain available until expended— (i) $6,500,000 for fiscal year 2025; and (ii) not less than $2,500,000 for fiscal year 2026 and each fiscal year thereafter. (4) Debris screen \n(A) Debris screen required \n(i) In general \nThe Commission shall construct, operate, and maintain a debris screen at Manhole One of the International Outfall Interceptor for intercepting debris and drug bundles coming to the United States from Nogales, Sonora, Mexico. (ii) Requirement \nIn constructing and operating the debris screen under clause (i), the Commission and the Commissioner of U.S. Customs and Border Protection shall coordinate— (I) the removal of drug bundles and other illicit goods caught in the debris screen; and (II) other operations at the International Outfall Interceptor that require coordination. (B) Authorization of appropriations \nThere are authorized to be appropriated to the Commission, to remain available until expended— (i) for fiscal year 2025— (I) $8,000,000 for construction of the debris screen described in subparagraph (A)(i); and (II) not less than $1,000,000 for the operations and maintenance of the debris screen described in subparagraph (A)(i); and (ii) not less than $1,000,000 for fiscal year 2026 and each fiscal year thereafter for the operations and maintenance of the debris screen described in subparagraph (A)(i). (5) Limitation of claims \nChapter 171 and section 1346(b) of title 28, United States Code (commonly known as the Federal Tort Claims Act ), shall not apply to any claim arising from the activities of the Commission in carrying out this subsection, including any claim arising from damages that result from overflow of the International Outfall Interceptor due to excess inflow to the International Outfall Interceptor originating from Nogales, Sonora, Mexico.", "id": "id63C42CC1D6EE4BC28C6D124E5A427BDD", "header": "Nogales sanitation project", "nested": [], "links": [ { "text": "22 U.S.C. 277d–10 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/277d-10" }, { "text": "Chapter 171", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/171" }, { "text": "section 1346(b)", "legal-doc": "usc", "parsable-cite": "usc/28/1346" } ] }, { "text": "(c) Effective date \nThis section (including the amendments made by this section) takes effect on October 1, 2024.", "id": "id9B756AC355464329A576D70BC46A0978", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 277d–10", "legal-doc": "usc", "parsable-cite": "usc/22/277d-10" }, { "text": "22 U.S.C. 277d–10 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/277d-10" }, { "text": "Chapter 171", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/171" }, { "text": "section 1346(b)", "legal-doc": "usc", "parsable-cite": "usc/28/1346" } ] }, { "text": "1084. Authorization of amounts to support initiatives for mobile mammography services for veterans \nThere is authorized to be appropriated to the Secretary of Veterans Affairs $10,000,000 for the Office of Women's Health of the Department of Veterans Affairs under section 7310 of title 38, United States Code, to be used by the Secretary to expand access of women veterans to— (1) mobile mammography initiatives; (2) advanced mammography equipment; and (3) outreach activities to publicize those initiatives and equipment.", "id": "id322a7424fb1449c6982c4fe762a99280", "header": "Authorization of amounts to support initiatives for mobile mammography services for veterans", "nested": [], "links": [] }, { "text": "1085. Protection of covered sectors \nThe Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) is amended by adding at the end the following: VIII Protection of covered sectors \n801. Definitions \nIn this title: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Armed Services, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Ways and Means, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives. (2) Country of concern \nThe term country of concern means, subject to such regulations as may be prescribed in accordance with section 806, a country specified in section 4872(d)(2) of title 10, United States Code. (3) Covered activity \n(A) In general \nSubject to such regulations as may be prescribed in accordance with section 806, and except as provided in subparagraph (B), the term covered activity means any activity engaged in by a United States person in a related to a covered sector that involves— (i) an acquisition by such United States person of an equity interest or contingent equity interest, or monetary capital contribution, in a covered foreign entity, directly or indirectly, by contractual commitment or otherwise, with the goal of generating income or gain; (ii) an arrangement for an interest held by such United States person in the short- or long-term debt obligations of a covered foreign entity that includes governance rights that are characteristic of an equity investment, management, or other important rights, as defined in regulations prescribed in accordance with section 806; (iii) the establishment of a wholly owned subsidiary in a country of concern, such as a greenfield investment, for the purpose of production, design, testing, manufacturing, fabrication, or development related to one or more covered sectors; (iv) the establishment by such United States person of a joint venture in a country of concern or with a covered foreign entity for the purpose of production, design, testing, manufacturing, fabrication, or research involving one or more covered sectors, or other contractual or other commitments involving a covered foreign entity to jointly research and develop new innovation, including through the transfer of capital or intellectual property or other business proprietary information; or (v) the acquisition by a United States person with a covered foreign entity of— (I) operational cooperation, such as through supply or support arrangements; (II) the right to board representation (as an observer, even if limited, or as a member) or an executive role (as may be defined through regulation) in a covered foreign entity; (III) the ability to direct or influence such operational decisions as may be defined through such regulations; (IV) formal governance representation in any operating affiliate, like a portfolio company, of a covered foreign entity; or (V) a new relationship to share or provide business services, such as but not limited to financial services, marketing services, maintenance, or assembly functions, related to a covered sectors. (B) Exceptions \nThe term covered activity does not include— (i) any transaction the value of which the Secretary of the Treasury determines is de minimis, as defined in regulations prescribed in accordance with section 806; (ii) any category of transactions that the Secretary determines is in the national interest of the United States, as may be defined in regulations prescribed in accordance with section 806; or (iii) any ordinary or administrative business transaction as may be defined in such regulations. (4) Covered foreign entity \n(A) In general \nSubject to regulations prescribed in accordance with section 806, and except as provided in subparagraph (B), the term covered foreign entity means— (i) any entity that is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern; (ii) any entity the equity securities of which are primarily traded in the ordinary course of business on one or more exchanges in a country of concern; (iii) any entity in which any entity described in subclause (i) or (ii) holds, individually or in the aggregate, directly or indirectly, an ownership interest of greater than 50 percent; or (iv) any other entity that is not a United States person and that meets such criteria as may be specified by the Secretary of the Treasury in such regulations. (B) Exception \nThe term covered foreign entity does not include any entity described in subparagraph (A) that can demonstrate that a majority of the equity interest in the entity is ultimately owned by— (i) nationals of the United States; or (ii) nationals of such countries (other than countries of concern) as are identified for purposes of this subparagraph pursuant to regulations prescribed in accordance with section 806. (5) covered sectors \nSubject to regulations prescribed in accordance with section 806, the term covered sectors includes sectors within the following areas, as specified in such regulations: (A) Advanced semiconductors and microelectronics. (B) Artificial intelligence. (C) Quantum information science and technology. (D) Hypersonics. (E) Satellite-based communications. (F) Networked laser scanning systems with dual-use applications. (6) Party \nThe term party , with respect to an activity, has the meaning given that term in regulations prescribed in accordance with section 806. (7) United States \nThe term United States means the several States, the District of Columbia, and any territory or possession of the United States. (8) United States person \nThe term United States person means— (A) an individual who is a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States; and (B) any corporation, partnership, or other entity organized under the laws of the United States or the laws of any jurisdiction within the United States. 802. Administration of United States investment notification \n(a) In general \nThe President shall delegate the authorities and functions under this title to the Secretary of the Treasury. (b) Coordination \nIn carrying out the duties of the Secretary under this title, the Secretary shall— (1) coordinate with the Secretary of Commerce; and (2) consult with the United States Trade Representative, the Secretary of Defense, the Secretary of State, and the Director of National Intelligence. 803. Mandatory notification of covered activities \n(a) Mandatory notification \n(1) In general \nSubject to regulations prescribed in accordance with section 806, beginning on the date that is 90 days after such regulations take effect, a United States person that plans to engage in a covered activity shall— (A) if such covered activity is not a secured transaction, submit to the Secretary of the Treasury a complete written notification of the activity not later than 14 days before the anticipated completion date of the activity; and (B) if such covered activity is a secured transaction, submit to the Secretary of the Treasury a complete written notification of the activity not later than 14 days after the completion date of the activity. (2) Circulation of notification \n(A) In general \nThe Secretary shall, upon receipt of a notification under paragraph (1), promptly inspect the notification for completeness. (B) Incomplete notifications \nIf a notification submitted under paragraph (1) is incomplete, the Secretary shall promptly inform the United States person that submits the notification that the notification is not complete and provide an explanation of relevant material respects in which the notification is not complete. (3) Identification of non-notified activity \nThe Secretary shall establish a process to identify covered activity for which— (A) a notification is not submitted to the Secretary under paragraph (1); and (B) information is reasonably available. (b) Confidentiality of information \n(1) In general \nExcept as provided in paragraph (2), any information or documentary material filed with the Secretary of the Treasury pursuant to this section shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public by any government agency or Member of Congress. (2) Exceptions \nThe exemption from disclosure provided by paragraph (1) shall not prevent the disclosure of the following: (A) Information relevant to any administrative or judicial action or proceeding. (B) Information provided to Congress or any of the appropriate congressional committees. (C) Information important to the national security analysis or actions of the President to any domestic governmental entity, or to any foreign governmental entity of an ally or partner of the United States, under the direction and authorization of the President or the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements. (D) Information that the parties have consented to be disclosed to third parties. 804. Reporting requirements \n(a) In general \nNot later than 360 days after the date on which the regulations prescribed under section 806 take effect, and not less frequently than annually thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that— (1) lists all notifications submitted under section 803(a) during the year preceding submission of the report and includes, with respect to each such notification— (A) basic information on each party to the covered activity with respect to which the notification was submitted; and (B) the nature of the covered activity that was the subject to the notification, including the elements of the covered activity that necessitated a notification; (2) includes a summary of those notifications, disaggregated by sector, by covered activity, and by country of concern; (3) provides additional context and information regarding trends in the sectors, the types of covered activities, and the countries involved in those notifications; (4) includes a description of the national security risks associated with— (A) the covered activities with respect to which those notifications were submitted; or (B) categories of such activities; and (5) assesses the overall impact of those notifications, including recommendations for— (A) expanding existing Federal programs to support the production or supply of covered sectors in the United States, including the potential of existing authorities to address any related national security concerns; (B) investments needed to enhance covered sectors and reduce dependence on countries of concern regarding those sectors; and (C) the continuation, expansion, or modification of the implementation and administration of this title, including recommendations with respect to whether the definition of country of concern under section 801(2) should be amended to add or remove countries. (b) Form of report \nEach report required by this section shall be submitted in unclassified form, but may include a classified annex. (c) Testimony required \nNot later than one year after the date of enactment of this title, and annually thereafter, the Secretary of the Treasury and the Secretary of Commerce shall each provide to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives testimony with respect to the national security threats relating to investments by the United States persons in countries of concern and broader international capital flows. 805. Penalties and enforcement \n(a) Penalties with respect to unlawful acts \nSubject to regulations prescribed in accordance with section 806, it shall be unlawful— (1) to fail to submit a notification under subsection (a) of section 803 with respect to a covered activity or to submit other information as required by the Secretary of the Treasury; or (2) to make a material misstatement or to omit a material fact in any information submitted to the Secretary under this title. (b) Enforcement \nThe President may direct the Attorney General to seek appropriate relief in the district courts of the United States, in order to implement and enforce this title. 806. Requirement for regulations \n(a) In general \nNot later than 360 days after the date of the enactment of this title, the Secretary of the Treasury shall finalize regulations to carry out this title. (b) Elements \nRegulations prescribed to carry out this title shall include specific examples of the types of— (1) activities that will be considered to be covered activities; and (2) the specific sectors and subsectors that may be considered to be covered sectors. (c) Requirements for certain regulations \nThe Secretary of the Treasury shall prescribe regulations further defining the terms used in this title, including covered activity , covered foreign entity , and party , in accordance with subchapter II of chapter 5 and chapter 7 of title 5 (commonly known as the Administrative Procedure Act ). (d) Public participation in rulemaking \nThe provisions of section 709 shall apply to any regulations issued under this title. (e) Low-burden regulations \nIn prescribing regulations under this section, the Secretary of the Treasury shall structure the regulations— (1) to minimize the cost and complexity of compliance for affected parties;. (2) to ensure the benefits of the regulations outweigh their costs; (3) to adopt the least burdensome alternative that achieves regulatory objectives; (4) to prioritize transparency and stakeholder involvement in the process of prescribing the regulations; and (5) to regularly review and streamline existing regulations to reduce redundancy and complexity. 807. Multilateral engagement and coordination \n(a) In general \nThe President shall delegate the authorities and functions under this section to the Secretary of State. (b) Authorities \nThe Secretary of State, in coordination with the Secretary of the Treasury, the Secretary of Commerce, the United States Trade Representative, and the Director of National Intelligence, shall— (1) conduct bilateral and multilateral engagement with the governments of countries that are allies and partners of the United States to ensure coordination of protocols and procedures with respect to covered activities with countries of concern and covered foreign entities; and (2) upon adoption of protocols and procedures described in paragraph (1), work with those governments to establish mechanisms for sharing information, including trends, with respect to such activities. (c) Strategy for development of outbound investment screening mechanisms \nThe Secretary of State, in coordination with the Secretary of the Treasury and in consultation with the Attorney General, shall— (1) develop a strategy to work with countries that are allies and partners of the United States to develop mechanisms comparable to this title for the notification of covered activities; and (2) provide technical assistance to those countries with respect to the development of those mechanisms. (d) Report \nNot later than 90 days after the development of the strategy required by subsection (b), and annually thereafter for a period of 5 years, the Secretary of State shall submit to the appropriate congressional committees a report that includes the strategy, the status of implementing the strategy, and a description of any impediments to the establishment of mechanisms comparable to this title by allies and partners, 808. Authorization of appropriations \n(a) In general \nThere are authorized to be appropriated such sums as may be necessary to carry out this title, including to provide outreach to industry and persons affected by this title. (b) Hiring authority \nThe head of any agency designated as a lead agency under section 802(b) may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, not more than 25 candidates directly to positions in the competitive service (as defined in section 2102 of that title) in that agency. The primary responsibility of individuals in positions authorized under the preceding sentence shall be to administer this title. 809. Rule of construction with respect to free and fair commerce \nNothing in this title may be construed to restrain or deter foreign investment in the United States, United States investment abroad, or trade in goods or services, if such investment and trade do not pose a risk to the national security of the United States..", "id": "id5AE5E9632E744C559AE3D051DEF4357F", "header": "Protection of covered sectors", "nested": [], "links": [ { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" }, { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" } ] }, { "text": "801. Definitions \nIn this title: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Armed Services, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Ways and Means, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives. (2) Country of concern \nThe term country of concern means, subject to such regulations as may be prescribed in accordance with section 806, a country specified in section 4872(d)(2) of title 10, United States Code. (3) Covered activity \n(A) In general \nSubject to such regulations as may be prescribed in accordance with section 806, and except as provided in subparagraph (B), the term covered activity means any activity engaged in by a United States person in a related to a covered sector that involves— (i) an acquisition by such United States person of an equity interest or contingent equity interest, or monetary capital contribution, in a covered foreign entity, directly or indirectly, by contractual commitment or otherwise, with the goal of generating income or gain; (ii) an arrangement for an interest held by such United States person in the short- or long-term debt obligations of a covered foreign entity that includes governance rights that are characteristic of an equity investment, management, or other important rights, as defined in regulations prescribed in accordance with section 806; (iii) the establishment of a wholly owned subsidiary in a country of concern, such as a greenfield investment, for the purpose of production, design, testing, manufacturing, fabrication, or development related to one or more covered sectors; (iv) the establishment by such United States person of a joint venture in a country of concern or with a covered foreign entity for the purpose of production, design, testing, manufacturing, fabrication, or research involving one or more covered sectors, or other contractual or other commitments involving a covered foreign entity to jointly research and develop new innovation, including through the transfer of capital or intellectual property or other business proprietary information; or (v) the acquisition by a United States person with a covered foreign entity of— (I) operational cooperation, such as through supply or support arrangements; (II) the right to board representation (as an observer, even if limited, or as a member) or an executive role (as may be defined through regulation) in a covered foreign entity; (III) the ability to direct or influence such operational decisions as may be defined through such regulations; (IV) formal governance representation in any operating affiliate, like a portfolio company, of a covered foreign entity; or (V) a new relationship to share or provide business services, such as but not limited to financial services, marketing services, maintenance, or assembly functions, related to a covered sectors. (B) Exceptions \nThe term covered activity does not include— (i) any transaction the value of which the Secretary of the Treasury determines is de minimis, as defined in regulations prescribed in accordance with section 806; (ii) any category of transactions that the Secretary determines is in the national interest of the United States, as may be defined in regulations prescribed in accordance with section 806; or (iii) any ordinary or administrative business transaction as may be defined in such regulations. (4) Covered foreign entity \n(A) In general \nSubject to regulations prescribed in accordance with section 806, and except as provided in subparagraph (B), the term covered foreign entity means— (i) any entity that is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern; (ii) any entity the equity securities of which are primarily traded in the ordinary course of business on one or more exchanges in a country of concern; (iii) any entity in which any entity described in subclause (i) or (ii) holds, individually or in the aggregate, directly or indirectly, an ownership interest of greater than 50 percent; or (iv) any other entity that is not a United States person and that meets such criteria as may be specified by the Secretary of the Treasury in such regulations. (B) Exception \nThe term covered foreign entity does not include any entity described in subparagraph (A) that can demonstrate that a majority of the equity interest in the entity is ultimately owned by— (i) nationals of the United States; or (ii) nationals of such countries (other than countries of concern) as are identified for purposes of this subparagraph pursuant to regulations prescribed in accordance with section 806. (5) covered sectors \nSubject to regulations prescribed in accordance with section 806, the term covered sectors includes sectors within the following areas, as specified in such regulations: (A) Advanced semiconductors and microelectronics. (B) Artificial intelligence. (C) Quantum information science and technology. (D) Hypersonics. (E) Satellite-based communications. (F) Networked laser scanning systems with dual-use applications. (6) Party \nThe term party , with respect to an activity, has the meaning given that term in regulations prescribed in accordance with section 806. (7) United States \nThe term United States means the several States, the District of Columbia, and any territory or possession of the United States. (8) United States person \nThe term United States person means— (A) an individual who is a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States; and (B) any corporation, partnership, or other entity organized under the laws of the United States or the laws of any jurisdiction within the United States.", "id": "idE1F8B1F68A404D20834D3A19D44CB3DE", "header": "Definitions", "nested": [], "links": [] }, { "text": "802. Administration of United States investment notification \n(a) In general \nThe President shall delegate the authorities and functions under this title to the Secretary of the Treasury. (b) Coordination \nIn carrying out the duties of the Secretary under this title, the Secretary shall— (1) coordinate with the Secretary of Commerce; and (2) consult with the United States Trade Representative, the Secretary of Defense, the Secretary of State, and the Director of National Intelligence.", "id": "ID64f4e94da1954220ac16549259aa9bd6", "header": "Administration of United States investment notification", "nested": [ { "text": "(a) In general \nThe President shall delegate the authorities and functions under this title to the Secretary of the Treasury.", "id": "id88db8ce2bd59451295c413da2d554170", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Coordination \nIn carrying out the duties of the Secretary under this title, the Secretary shall— (1) coordinate with the Secretary of Commerce; and (2) consult with the United States Trade Representative, the Secretary of Defense, the Secretary of State, and the Director of National Intelligence.", "id": "id7e17e32e749b4430878dc5b6aa441ac5", "header": "Coordination", "nested": [], "links": [] } ], "links": [] }, { "text": "803. Mandatory notification of covered activities \n(a) Mandatory notification \n(1) In general \nSubject to regulations prescribed in accordance with section 806, beginning on the date that is 90 days after such regulations take effect, a United States person that plans to engage in a covered activity shall— (A) if such covered activity is not a secured transaction, submit to the Secretary of the Treasury a complete written notification of the activity not later than 14 days before the anticipated completion date of the activity; and (B) if such covered activity is a secured transaction, submit to the Secretary of the Treasury a complete written notification of the activity not later than 14 days after the completion date of the activity. (2) Circulation of notification \n(A) In general \nThe Secretary shall, upon receipt of a notification under paragraph (1), promptly inspect the notification for completeness. (B) Incomplete notifications \nIf a notification submitted under paragraph (1) is incomplete, the Secretary shall promptly inform the United States person that submits the notification that the notification is not complete and provide an explanation of relevant material respects in which the notification is not complete. (3) Identification of non-notified activity \nThe Secretary shall establish a process to identify covered activity for which— (A) a notification is not submitted to the Secretary under paragraph (1); and (B) information is reasonably available. (b) Confidentiality of information \n(1) In general \nExcept as provided in paragraph (2), any information or documentary material filed with the Secretary of the Treasury pursuant to this section shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public by any government agency or Member of Congress. (2) Exceptions \nThe exemption from disclosure provided by paragraph (1) shall not prevent the disclosure of the following: (A) Information relevant to any administrative or judicial action or proceeding. (B) Information provided to Congress or any of the appropriate congressional committees. (C) Information important to the national security analysis or actions of the President to any domestic governmental entity, or to any foreign governmental entity of an ally or partner of the United States, under the direction and authorization of the President or the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements. (D) Information that the parties have consented to be disclosed to third parties.", "id": "ID2ab1da504efb485fb171758d06724ef3", "header": "Mandatory notification of covered activities", "nested": [ { "text": "(a) Mandatory notification \n(1) In general \nSubject to regulations prescribed in accordance with section 806, beginning on the date that is 90 days after such regulations take effect, a United States person that plans to engage in a covered activity shall— (A) if such covered activity is not a secured transaction, submit to the Secretary of the Treasury a complete written notification of the activity not later than 14 days before the anticipated completion date of the activity; and (B) if such covered activity is a secured transaction, submit to the Secretary of the Treasury a complete written notification of the activity not later than 14 days after the completion date of the activity. (2) Circulation of notification \n(A) In general \nThe Secretary shall, upon receipt of a notification under paragraph (1), promptly inspect the notification for completeness. (B) Incomplete notifications \nIf a notification submitted under paragraph (1) is incomplete, the Secretary shall promptly inform the United States person that submits the notification that the notification is not complete and provide an explanation of relevant material respects in which the notification is not complete. (3) Identification of non-notified activity \nThe Secretary shall establish a process to identify covered activity for which— (A) a notification is not submitted to the Secretary under paragraph (1); and (B) information is reasonably available.", "id": "ID70878fc11ecd44aaaec22b7013eef473", "header": "Mandatory notification", "nested": [], "links": [] }, { "text": "(b) Confidentiality of information \n(1) In general \nExcept as provided in paragraph (2), any information or documentary material filed with the Secretary of the Treasury pursuant to this section shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public by any government agency or Member of Congress. (2) Exceptions \nThe exemption from disclosure provided by paragraph (1) shall not prevent the disclosure of the following: (A) Information relevant to any administrative or judicial action or proceeding. (B) Information provided to Congress or any of the appropriate congressional committees. (C) Information important to the national security analysis or actions of the President to any domestic governmental entity, or to any foreign governmental entity of an ally or partner of the United States, under the direction and authorization of the President or the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements. (D) Information that the parties have consented to be disclosed to third parties.", "id": "ID27d129d7eee749efbc44a3791be8830e", "header": "Confidentiality of information", "nested": [], "links": [] } ], "links": [] }, { "text": "804. Reporting requirements \n(a) In general \nNot later than 360 days after the date on which the regulations prescribed under section 806 take effect, and not less frequently than annually thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that— (1) lists all notifications submitted under section 803(a) during the year preceding submission of the report and includes, with respect to each such notification— (A) basic information on each party to the covered activity with respect to which the notification was submitted; and (B) the nature of the covered activity that was the subject to the notification, including the elements of the covered activity that necessitated a notification; (2) includes a summary of those notifications, disaggregated by sector, by covered activity, and by country of concern; (3) provides additional context and information regarding trends in the sectors, the types of covered activities, and the countries involved in those notifications; (4) includes a description of the national security risks associated with— (A) the covered activities with respect to which those notifications were submitted; or (B) categories of such activities; and (5) assesses the overall impact of those notifications, including recommendations for— (A) expanding existing Federal programs to support the production or supply of covered sectors in the United States, including the potential of existing authorities to address any related national security concerns; (B) investments needed to enhance covered sectors and reduce dependence on countries of concern regarding those sectors; and (C) the continuation, expansion, or modification of the implementation and administration of this title, including recommendations with respect to whether the definition of country of concern under section 801(2) should be amended to add or remove countries. (b) Form of report \nEach report required by this section shall be submitted in unclassified form, but may include a classified annex. (c) Testimony required \nNot later than one year after the date of enactment of this title, and annually thereafter, the Secretary of the Treasury and the Secretary of Commerce shall each provide to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives testimony with respect to the national security threats relating to investments by the United States persons in countries of concern and broader international capital flows.", "id": "IDb0ce42112e9a43d4804fb8954ac71729", "header": "Reporting requirements", "nested": [ { "text": "(a) In general \nNot later than 360 days after the date on which the regulations prescribed under section 806 take effect, and not less frequently than annually thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that— (1) lists all notifications submitted under section 803(a) during the year preceding submission of the report and includes, with respect to each such notification— (A) basic information on each party to the covered activity with respect to which the notification was submitted; and (B) the nature of the covered activity that was the subject to the notification, including the elements of the covered activity that necessitated a notification; (2) includes a summary of those notifications, disaggregated by sector, by covered activity, and by country of concern; (3) provides additional context and information regarding trends in the sectors, the types of covered activities, and the countries involved in those notifications; (4) includes a description of the national security risks associated with— (A) the covered activities with respect to which those notifications were submitted; or (B) categories of such activities; and (5) assesses the overall impact of those notifications, including recommendations for— (A) expanding existing Federal programs to support the production or supply of covered sectors in the United States, including the potential of existing authorities to address any related national security concerns; (B) investments needed to enhance covered sectors and reduce dependence on countries of concern regarding those sectors; and (C) the continuation, expansion, or modification of the implementation and administration of this title, including recommendations with respect to whether the definition of country of concern under section 801(2) should be amended to add or remove countries.", "id": "id723bb593eb2a41e7990bca76e195026c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Form of report \nEach report required by this section shall be submitted in unclassified form, but may include a classified annex.", "id": "IDd554e01ab73c43adb765d2a757da3b2b", "header": "Form of report", "nested": [], "links": [] }, { "text": "(c) Testimony required \nNot later than one year after the date of enactment of this title, and annually thereafter, the Secretary of the Treasury and the Secretary of Commerce shall each provide to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives testimony with respect to the national security threats relating to investments by the United States persons in countries of concern and broader international capital flows.", "id": "idb679b9c2abe54cc489547569807dac06", "header": "Testimony required", "nested": [], "links": [] } ], "links": [] }, { "text": "805. Penalties and enforcement \n(a) Penalties with respect to unlawful acts \nSubject to regulations prescribed in accordance with section 806, it shall be unlawful— (1) to fail to submit a notification under subsection (a) of section 803 with respect to a covered activity or to submit other information as required by the Secretary of the Treasury; or (2) to make a material misstatement or to omit a material fact in any information submitted to the Secretary under this title. (b) Enforcement \nThe President may direct the Attorney General to seek appropriate relief in the district courts of the United States, in order to implement and enforce this title.", "id": "IDa37319b9adc5467999ea67ada87563c8", "header": "Penalties and enforcement", "nested": [ { "text": "(a) Penalties with respect to unlawful acts \nSubject to regulations prescribed in accordance with section 806, it shall be unlawful— (1) to fail to submit a notification under subsection (a) of section 803 with respect to a covered activity or to submit other information as required by the Secretary of the Treasury; or (2) to make a material misstatement or to omit a material fact in any information submitted to the Secretary under this title.", "id": "ID56f37a3ef0844a6e935b4b3a6d31a403", "header": "Penalties with respect to unlawful acts", "nested": [], "links": [] }, { "text": "(b) Enforcement \nThe President may direct the Attorney General to seek appropriate relief in the district courts of the United States, in order to implement and enforce this title.", "id": "IDd692de8d17b94dceaf015a005371bff4", "header": "Enforcement", "nested": [], "links": [] } ], "links": [] }, { "text": "806. Requirement for regulations \n(a) In general \nNot later than 360 days after the date of the enactment of this title, the Secretary of the Treasury shall finalize regulations to carry out this title. (b) Elements \nRegulations prescribed to carry out this title shall include specific examples of the types of— (1) activities that will be considered to be covered activities; and (2) the specific sectors and subsectors that may be considered to be covered sectors. (c) Requirements for certain regulations \nThe Secretary of the Treasury shall prescribe regulations further defining the terms used in this title, including covered activity , covered foreign entity , and party , in accordance with subchapter II of chapter 5 and chapter 7 of title 5 (commonly known as the Administrative Procedure Act ). (d) Public participation in rulemaking \nThe provisions of section 709 shall apply to any regulations issued under this title. (e) Low-burden regulations \nIn prescribing regulations under this section, the Secretary of the Treasury shall structure the regulations— (1) to minimize the cost and complexity of compliance for affected parties;. (2) to ensure the benefits of the regulations outweigh their costs; (3) to adopt the least burdensome alternative that achieves regulatory objectives; (4) to prioritize transparency and stakeholder involvement in the process of prescribing the regulations; and (5) to regularly review and streamline existing regulations to reduce redundancy and complexity.", "id": "ID3b5ab05e95af46e48d8f5d185d9d2702", "header": "Requirement for regulations", "nested": [ { "text": "(a) In general \nNot later than 360 days after the date of the enactment of this title, the Secretary of the Treasury shall finalize regulations to carry out this title.", "id": "ID51329341c38f4c4981385d15bf11876f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nRegulations prescribed to carry out this title shall include specific examples of the types of— (1) activities that will be considered to be covered activities; and (2) the specific sectors and subsectors that may be considered to be covered sectors.", "id": "ID7a0550c38c4b4f4f90fb6e9f8c7758fc", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Requirements for certain regulations \nThe Secretary of the Treasury shall prescribe regulations further defining the terms used in this title, including covered activity , covered foreign entity , and party , in accordance with subchapter II of chapter 5 and chapter 7 of title 5 (commonly known as the Administrative Procedure Act ).", "id": "ID92596587ddcf45cc8290a08a5b18c528", "header": "Requirements for certain regulations", "nested": [], "links": [ { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" } ] }, { "text": "(d) Public participation in rulemaking \nThe provisions of section 709 shall apply to any regulations issued under this title.", "id": "id41592a0188884b8bb1bf378e144b9ae9", "header": "Public participation in rulemaking", "nested": [], "links": [] }, { "text": "(e) Low-burden regulations \nIn prescribing regulations under this section, the Secretary of the Treasury shall structure the regulations— (1) to minimize the cost and complexity of compliance for affected parties;. (2) to ensure the benefits of the regulations outweigh their costs; (3) to adopt the least burdensome alternative that achieves regulatory objectives; (4) to prioritize transparency and stakeholder involvement in the process of prescribing the regulations; and (5) to regularly review and streamline existing regulations to reduce redundancy and complexity.", "id": "id182eff1cc93e4301af8e5511d8e65cc0", "header": "Low-burden regulations", "nested": [], "links": [] } ], "links": [ { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" } ] }, { "text": "807. Multilateral engagement and coordination \n(a) In general \nThe President shall delegate the authorities and functions under this section to the Secretary of State. (b) Authorities \nThe Secretary of State, in coordination with the Secretary of the Treasury, the Secretary of Commerce, the United States Trade Representative, and the Director of National Intelligence, shall— (1) conduct bilateral and multilateral engagement with the governments of countries that are allies and partners of the United States to ensure coordination of protocols and procedures with respect to covered activities with countries of concern and covered foreign entities; and (2) upon adoption of protocols and procedures described in paragraph (1), work with those governments to establish mechanisms for sharing information, including trends, with respect to such activities. (c) Strategy for development of outbound investment screening mechanisms \nThe Secretary of State, in coordination with the Secretary of the Treasury and in consultation with the Attorney General, shall— (1) develop a strategy to work with countries that are allies and partners of the United States to develop mechanisms comparable to this title for the notification of covered activities; and (2) provide technical assistance to those countries with respect to the development of those mechanisms. (d) Report \nNot later than 90 days after the development of the strategy required by subsection (b), and annually thereafter for a period of 5 years, the Secretary of State shall submit to the appropriate congressional committees a report that includes the strategy, the status of implementing the strategy, and a description of any impediments to the establishment of mechanisms comparable to this title by allies and partners,", "id": "ID70b1c7b2a41143b783d803cf37bb6a4d", "header": "Multilateral engagement and coordination", "nested": [ { "text": "(a) In general \nThe President shall delegate the authorities and functions under this section to the Secretary of State.", "id": "id1b6234fdc3404bebb61ca1ad89b6c336", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorities \nThe Secretary of State, in coordination with the Secretary of the Treasury, the Secretary of Commerce, the United States Trade Representative, and the Director of National Intelligence, shall— (1) conduct bilateral and multilateral engagement with the governments of countries that are allies and partners of the United States to ensure coordination of protocols and procedures with respect to covered activities with countries of concern and covered foreign entities; and (2) upon adoption of protocols and procedures described in paragraph (1), work with those governments to establish mechanisms for sharing information, including trends, with respect to such activities.", "id": "id0ccf8f695702447ead2c7c96f8003fd4", "header": "Authorities", "nested": [], "links": [] }, { "text": "(c) Strategy for development of outbound investment screening mechanisms \nThe Secretary of State, in coordination with the Secretary of the Treasury and in consultation with the Attorney General, shall— (1) develop a strategy to work with countries that are allies and partners of the United States to develop mechanisms comparable to this title for the notification of covered activities; and (2) provide technical assistance to those countries with respect to the development of those mechanisms.", "id": "ided87aa0fff2947bcaef60d64b8d89886", "header": "Strategy for development of outbound investment screening mechanisms", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 90 days after the development of the strategy required by subsection (b), and annually thereafter for a period of 5 years, the Secretary of State shall submit to the appropriate congressional committees a report that includes the strategy, the status of implementing the strategy, and a description of any impediments to the establishment of mechanisms comparable to this title by allies and partners,", "id": "idf31987c4c6f24cc48f7151cd0d7d8217", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "808. Authorization of appropriations \n(a) In general \nThere are authorized to be appropriated such sums as may be necessary to carry out this title, including to provide outreach to industry and persons affected by this title. (b) Hiring authority \nThe head of any agency designated as a lead agency under section 802(b) may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, not more than 25 candidates directly to positions in the competitive service (as defined in section 2102 of that title) in that agency. The primary responsibility of individuals in positions authorized under the preceding sentence shall be to administer this title.", "id": "ID26cabf3dc7704e95af2ce68fba9140cb", "header": "Authorization of appropriations", "nested": [ { "text": "(a) In general \nThere are authorized to be appropriated such sums as may be necessary to carry out this title, including to provide outreach to industry and persons affected by this title.", "id": "ID5018494101274905a4f316380b48a613", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Hiring authority \nThe head of any agency designated as a lead agency under section 802(b) may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, not more than 25 candidates directly to positions in the competitive service (as defined in section 2102 of that title) in that agency. The primary responsibility of individuals in positions authorized under the preceding sentence shall be to administer this title.", "id": "IDb856bd4b9a714f268f7b117528612991", "header": "Hiring authority", "nested": [], "links": [] } ], "links": [] }, { "text": "809. Rule of construction with respect to free and fair commerce \nNothing in this title may be construed to restrain or deter foreign investment in the United States, United States investment abroad, or trade in goods or services, if such investment and trade do not pose a risk to the national security of the United States.", "id": "IDa548b9024540472386a90adf4e0c2b29", "header": "Rule of construction with respect to free and fair commerce", "nested": [], "links": [] }, { "text": "1086. Review of agriculture-related transactions by Committee on Foreign Investment in the United States \nSection 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ) is amended— (1) in subsection (a)— (A) in paragraph (4)— (i) in subparagraph (A)— (I) in clause (i), by striking ; and and inserting a semicolon; (II) in clause (ii), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (iii) any transaction described in clause (vi) or (vii) of subparagraph (B) proposed or pending on or after the date of the enactment of this clause. ; (ii) in subparagraph (B), by adding at the end the following: (vi) Any other investment, subject to regulations prescribed under subparagraphs (D) and (E), by a foreign person in any unaffiliated United States business that is engaged in agriculture or biotechnology related to agriculture. (vii) Subject to subparagraphs (C) and (E), the purchase or lease by, or a concession to, a foreign person of private real estate that is— (I) located in the United States; (II) used in agriculture; and (III) more than 320 acres or valued in excess of $5,000,000. ; (iii) in subparagraph (C)(i), by striking subparagraph (B)(ii) and inserting clause (ii) or (vii) of subparagraph (B) ; (iv) in subparagraph (D)— (I) in clause (i), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; (II) in clause (iii)(I), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; (III) in clause (iv)(I), by striking subparagraph (B)(iii) each place it appears and inserting clauses (iii) and (vi) of subparagraph (B) ; and (IV) in clause (v), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B) ; and (v) in subparagraph (E), by striking clauses (ii) and (iii) and inserting clauses (ii), (iii), (iv), and (vii) ; and (B) by adding at the end the following: (14) Agriculture \nThe term agriculture has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). ; (2) in subsection (k)(2)— (A) by redesignating subparagraphs (H), (I), and (J), as subparagraphs (I), (J), and (K), respectively; and (B) inserting after subparagraph (G) the following new subparagraph: (H) The Secretary of Agriculture (nonvoting, ex officio). ; and (3) by adding at the end the following: (r) Prohibition with respect to agricultural companies and real estate \n(1) In general \nNotwithstanding any other provision of this section, if the Committee, in conducting a review and investigation under this section, determines that a transaction described in clause (i), (vi), or (vii) of subsection (a)(4)(B) would result in control by a covered foreign person of or investment by a covered foreign person in a United States business engaged in agriculture or private real estate used in agriculture, the President shall prohibit such transaction. (2) Waiver \nThe President may waive, on a case-by-case basis, the requirement to prohibit a transaction under paragraph (1), not less than 30 days after the President determines and reports to the relevant committees of jurisdiction that it is vital to the national security interests of the United States to waive such prohibition. (3) Defined terms \nIn this subsection: (A) Covered person \n(i) In general \nExcept as provided by clause (ii), the term covered person — (I) has the meaning given the term a person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary in section 7.2 of title 15, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024), except that each reference to foreign adversary in that definition shall be deemed to be a reference to the government of a covered country; and (II) includes an entity that— (aa) is registered in or organized under the laws of a covered country; (bb) has a principal place of business in a covered country; or (cc) has a subsidiary with a principal place of business in a covered country. (ii) Exclusions \nThe term covered person does not include a United States citizen or an alien lawfully admitted for permanent residence to the United States. (B) Covered country \nThe term covered country means any of the following: (i) The People's Republic of China. (ii) The Russian Federation. (iii) The Islamic Republic of Iran. (iv) The Democratic People's Republic of Korea..", "id": "H53B58D2FEF4D485B9B8A197A45D3BAD9", "header": "Review of agriculture-related transactions by Committee on Foreign Investment in the United States", "nested": [], "links": [ { "text": "50 U.S.C. 4565", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "29 U.S.C. 203", "legal-doc": "usc", "parsable-cite": "usc/29/203" } ] }, { "text": "1087. 9/11 Responder and Survivor Health Funding Correction Act of 2023 \n(a) Department of Defense, Armed Forces, or other Federal worker responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania \nTitle XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. ) is amended— (1) in section 3306 ( 42 U.S.C. 300mm–5 )— (A) by redesignating paragraphs (5) through (11) and paragraphs (12) through (17) as paragraphs (6) through (12) and paragraphs (14) through (19), respectively; (B) by inserting after paragraph (4) the following: (5) The term Federal agency means an agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government. ; and (C) by inserting after paragraph (12), as so redesignated, the following: (13) The term uniformed services has the meaning given the term in section 101(a) of title 10, United States Code. ; and (2) in section 3311(a) ( 42 U.S.C. 300mm–21(a) )— (A) in paragraph (2)(C)(i)— (i) in subclause (I), by striking ; or and inserting a semicolon; (ii) in subclause (II), by striking ; and and inserting a semicolon; and (iii) by adding at the end the following: (III) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; or (IV) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania, site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; and ; and (B) in paragraph (4)(A)— (i) by striking (A) In general.—The and inserting the following: (A) Limit \n(i) In general \nThe ; (ii) by inserting or subclause (III) or (IV) of paragraph (2)(C)(i) after or (2)(A)(ii) ; and (iii) by adding at the end the following: (ii) Certain responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania \nThe total number of individuals who may be enrolled under paragraph (3)(A)(ii) based on eligibility criteria described in subclause (III) or (IV) of paragraph (2)(C)(i) shall not exceed 500 at any time.. (b) Additional funding for the World Trade Center Health Program \nTitle XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. ) is amended by adding at the end the following: 3353. Special Fund \n(a) In general \nThere is established a fund to be known as the World Trade Center Health Program Special Fund (referred to in this section as the Special Fund ), consisting of amounts deposited into the Special Fund under subsection (b). (b) Amount \nOut of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $444,000,000 for deposit into the Special Fund, which amounts shall remain available in such Fund through fiscal year 2033. (c) Uses of funds \nAmounts deposited into the Special Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator as needed at the discretion of such Administrator, for carrying out any provision in this title (including sections 3303 and 3341(c)). (d) Remaining amounts \nAny amounts that remain in the Special Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts. 3354. Pentagon/Shanksville Fund \n(a) In general \nThere is established a fund to be known as the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania (referred to in this section as the Pentagon/Shanksville Fund ), consisting of amounts deposited into the Pentagon/Shanksville Fund under subsection (b). (b) Amount \nOut of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $232,000,000 for deposit into the Pentagon/Shanksville Fund, which amounts shall remain available in such Fund through fiscal year 2033. (c) Uses of funds \n(1) In general \nAmounts deposited into the Pentagon/Shanksville Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator for the purpose of carrying out section 3312 with regard to WTC responders enrolled in the WTC Program based on eligibility criteria described in subclause (III) or (IV) of section 3311(a)(2)(C)(i). (2) Limitation on other funding \nNotwithstanding sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other provision in this title, for the period of fiscal years 2024 through 2033, no amounts made available under this title other than those amounts appropriated under subsection (b) may be available for the purpose described in paragraph (1). (d) Remaining amounts \nAny amounts that remain in the Pentagon/Shanksville Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.. (c) Conforming amendments \nTitle XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. ) is amended— (1) in section 3311(a)(4)(B)(i)(II) ( 42 U.S.C. 300mm–21(a)(4)(B)(i)(II) ), by striking sections 3351 and 3352 and inserting this title ; (2) in section 3321(a)(3)(B)(i)(II) ( 42 U.S.C. 300mm–31(a)(3)(B)(i)(II) ), by striking sections 3351 and 3352 and inserting this title ; (3) in section 3331 ( 42 U.S.C. 300mm–41 )— (A) in subsection (a), by striking the World Trade Center Health Program Fund and the World Trade Center Health Program Supplemental Fund and inserting (as applicable) the Funds established under sections 3351, 3352, 3353, and 3354 ; and (B) in subsection (d)— (i) in paragraph (1)(A), by inserting or the World Trade Center Health Program Special Fund under section 3353 after section 3351 ; (ii) in paragraph (1)(B), by inserting or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 after section 3352 ; and (iii) in paragraph (2), in the flush text following subparagraph (C), by inserting or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 after section 3352 ; and (4) in section 3351(b) ( 42 U.S.C. 300mm–61(b) )— (A) in paragraph (2), by inserting , the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 before the period at the end; and (B) in paragraph (3), by inserting , the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 before the period at the end. (d) Ensuring timely access to generics \nSection 505(q) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(q) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by inserting , 10.31, after 10.30 ; (B) in subparagraph (E)— (i) by striking application and and inserting application or ; (ii) by striking If the Secretary and inserting the following: (i) In general \nIf the Secretary ; and (iii) by striking the second sentence and inserting the following: (ii) Primary purpose of delaying \n(I) In general \nIn determining whether a petition was submitted with the primary purpose of delaying an application, the Secretary may consider the following factors: (aa) Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew the relevant information relied upon to form the basis of such petition. (bb) When the petition was submitted in relation to when the petitioner reasonably should have known the relevant information relied upon to form the basis of such petition. (cc) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions. (dd) Whether the petition was submitted close in time to a known, first date upon which an application under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act could be approved. (ee) Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition. (ff) Whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, including if the subsequent submission follows such response from the Secretary closely in time. (gg) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner’s version of the same drug. (hh) The petitioner's record of submitting petitions to the Food and Drug Administration that have been determined by the Secretary to have been submitted with the primary purpose of delay. (ii) Other relevant and appropriate factors, which the Secretary shall describe in guidance. (II) Guidance \nThe Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I). ; (C) by striking subparagraph (F); (D) by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and (E) in subparagraph (H), as so redesignated, by striking submission of this petition and inserting submission of this document ; (2) in paragraph (2)— (A) by redesignating subparagraphs (A) through (C) as subparagraphs (C) through (E), respectively; (B) by inserting before subparagraph (C), as so redesignated, the following: (A) In general \nA person shall submit a petition to the Secretary under paragraph (1) before filing a civil action in which the person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence. (B) Timely submission of citizen petition \nA petition and any supplement to a petition shall be submitted within 180 days after the person knew the information that forms the basis of the request made in the petition or supplement. ; (C) in subparagraph (C), as so redesignated— (i) in the heading, by striking within 150 days ; (ii) in clause (i), by striking during the 150-day period referred to in paragraph (1)(F), ; and (iii) by amending clause (ii) to read as follows: (ii) on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision. ; (D) by amending subparagraph (D), as so redesignated, to read as follows: (D) Dismissal of certain civil actions \n(i) Petition \nIf a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (A), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies. (ii) Timeliness \nIf a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition. (iii) Final response \nIf a civil action is filed against the Secretary with respect to any issue raised in a petition timely filed under paragraph (1) in which the petitioner requests that the Secretary take any form of action that could, if taken, set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act before the Secretary has taken final agency action on the petition within the meaning of subparagraph (C), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies. ; and (E) in clause (iii) of subparagraph (E), as so redesignated, by striking as defined under subparagraph (2)(A) and inserting within the meaning of subparagraph (C) ; and (3) in paragraph (4)— (A) by striking Exceptions in the paragraph heading and all that follows through This subsection does and inserting Exceptions.— This subsection does ; (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly.", "id": "idb64787d408524618bea95d76f988140e", "header": "9/11 Responder and Survivor Health Funding Correction Act of 2023", "nested": [ { "text": "(a) Department of Defense, Armed Forces, or other Federal worker responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania \nTitle XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. ) is amended— (1) in section 3306 ( 42 U.S.C. 300mm–5 )— (A) by redesignating paragraphs (5) through (11) and paragraphs (12) through (17) as paragraphs (6) through (12) and paragraphs (14) through (19), respectively; (B) by inserting after paragraph (4) the following: (5) The term Federal agency means an agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government. ; and (C) by inserting after paragraph (12), as so redesignated, the following: (13) The term uniformed services has the meaning given the term in section 101(a) of title 10, United States Code. ; and (2) in section 3311(a) ( 42 U.S.C. 300mm–21(a) )— (A) in paragraph (2)(C)(i)— (i) in subclause (I), by striking ; or and inserting a semicolon; (ii) in subclause (II), by striking ; and and inserting a semicolon; and (iii) by adding at the end the following: (III) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; or (IV) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania, site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; and ; and (B) in paragraph (4)(A)— (i) by striking (A) In general.—The and inserting the following: (A) Limit \n(i) In general \nThe ; (ii) by inserting or subclause (III) or (IV) of paragraph (2)(C)(i) after or (2)(A)(ii) ; and (iii) by adding at the end the following: (ii) Certain responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania \nThe total number of individuals who may be enrolled under paragraph (3)(A)(ii) based on eligibility criteria described in subclause (III) or (IV) of paragraph (2)(C)(i) shall not exceed 500 at any time..", "id": "idB7F6DF8A48C2429EA66B1900B38128C7", "header": "Department of Defense, Armed Forces, or other Federal worker responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania", "nested": [], "links": [ { "text": "42 U.S.C. 300mm et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300mm" }, { "text": "42 U.S.C. 300mm–5", "legal-doc": "usc", "parsable-cite": "usc/42/300mm-5" }, { "text": "42 U.S.C. 300mm–21(a)", "legal-doc": "usc", "parsable-cite": "usc/42/300mm-21" } ] }, { "text": "(b) Additional funding for the World Trade Center Health Program \nTitle XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. ) is amended by adding at the end the following: 3353. Special Fund \n(a) In general \nThere is established a fund to be known as the World Trade Center Health Program Special Fund (referred to in this section as the Special Fund ), consisting of amounts deposited into the Special Fund under subsection (b). (b) Amount \nOut of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $444,000,000 for deposit into the Special Fund, which amounts shall remain available in such Fund through fiscal year 2033. (c) Uses of funds \nAmounts deposited into the Special Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator as needed at the discretion of such Administrator, for carrying out any provision in this title (including sections 3303 and 3341(c)). (d) Remaining amounts \nAny amounts that remain in the Special Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts. 3354. Pentagon/Shanksville Fund \n(a) In general \nThere is established a fund to be known as the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania (referred to in this section as the Pentagon/Shanksville Fund ), consisting of amounts deposited into the Pentagon/Shanksville Fund under subsection (b). (b) Amount \nOut of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $232,000,000 for deposit into the Pentagon/Shanksville Fund, which amounts shall remain available in such Fund through fiscal year 2033. (c) Uses of funds \n(1) In general \nAmounts deposited into the Pentagon/Shanksville Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator for the purpose of carrying out section 3312 with regard to WTC responders enrolled in the WTC Program based on eligibility criteria described in subclause (III) or (IV) of section 3311(a)(2)(C)(i). (2) Limitation on other funding \nNotwithstanding sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other provision in this title, for the period of fiscal years 2024 through 2033, no amounts made available under this title other than those amounts appropriated under subsection (b) may be available for the purpose described in paragraph (1). (d) Remaining amounts \nAny amounts that remain in the Pentagon/Shanksville Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts..", "id": "id81C74222A5914865861FEC96E4589344", "header": "Additional funding for the World Trade Center Health Program", "nested": [], "links": [ { "text": "42 U.S.C. 300mm et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300mm" } ] }, { "text": "(c) Conforming amendments \nTitle XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. ) is amended— (1) in section 3311(a)(4)(B)(i)(II) ( 42 U.S.C. 300mm–21(a)(4)(B)(i)(II) ), by striking sections 3351 and 3352 and inserting this title ; (2) in section 3321(a)(3)(B)(i)(II) ( 42 U.S.C. 300mm–31(a)(3)(B)(i)(II) ), by striking sections 3351 and 3352 and inserting this title ; (3) in section 3331 ( 42 U.S.C. 300mm–41 )— (A) in subsection (a), by striking the World Trade Center Health Program Fund and the World Trade Center Health Program Supplemental Fund and inserting (as applicable) the Funds established under sections 3351, 3352, 3353, and 3354 ; and (B) in subsection (d)— (i) in paragraph (1)(A), by inserting or the World Trade Center Health Program Special Fund under section 3353 after section 3351 ; (ii) in paragraph (1)(B), by inserting or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 after section 3352 ; and (iii) in paragraph (2), in the flush text following subparagraph (C), by inserting or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 after section 3352 ; and (4) in section 3351(b) ( 42 U.S.C. 300mm–61(b) )— (A) in paragraph (2), by inserting , the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 before the period at the end; and (B) in paragraph (3), by inserting , the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 before the period at the end.", "id": "id339643AD4C8F4438BF52562F6F7DB2CB", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 300mm et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300mm" }, { "text": "42 U.S.C. 300mm–21(a)(4)(B)(i)(II)", "legal-doc": "usc", "parsable-cite": "usc/42/300mm-21" }, { "text": "42 U.S.C. 300mm–31(a)(3)(B)(i)(II)", "legal-doc": "usc", "parsable-cite": "usc/42/300mm-31" }, { "text": "42 U.S.C. 300mm–41", "legal-doc": "usc", "parsable-cite": "usc/42/300mm-41" }, { "text": "42 U.S.C. 300mm–61(b)", "legal-doc": "usc", "parsable-cite": "usc/42/300mm-61" } ] }, { "text": "(d) Ensuring timely access to generics \nSection 505(q) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(q) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by inserting , 10.31, after 10.30 ; (B) in subparagraph (E)— (i) by striking application and and inserting application or ; (ii) by striking If the Secretary and inserting the following: (i) In general \nIf the Secretary ; and (iii) by striking the second sentence and inserting the following: (ii) Primary purpose of delaying \n(I) In general \nIn determining whether a petition was submitted with the primary purpose of delaying an application, the Secretary may consider the following factors: (aa) Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew the relevant information relied upon to form the basis of such petition. (bb) When the petition was submitted in relation to when the petitioner reasonably should have known the relevant information relied upon to form the basis of such petition. (cc) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions. (dd) Whether the petition was submitted close in time to a known, first date upon which an application under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act could be approved. (ee) Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition. (ff) Whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, including if the subsequent submission follows such response from the Secretary closely in time. (gg) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner’s version of the same drug. (hh) The petitioner's record of submitting petitions to the Food and Drug Administration that have been determined by the Secretary to have been submitted with the primary purpose of delay. (ii) Other relevant and appropriate factors, which the Secretary shall describe in guidance. (II) Guidance \nThe Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I). ; (C) by striking subparagraph (F); (D) by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and (E) in subparagraph (H), as so redesignated, by striking submission of this petition and inserting submission of this document ; (2) in paragraph (2)— (A) by redesignating subparagraphs (A) through (C) as subparagraphs (C) through (E), respectively; (B) by inserting before subparagraph (C), as so redesignated, the following: (A) In general \nA person shall submit a petition to the Secretary under paragraph (1) before filing a civil action in which the person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence. (B) Timely submission of citizen petition \nA petition and any supplement to a petition shall be submitted within 180 days after the person knew the information that forms the basis of the request made in the petition or supplement. ; (C) in subparagraph (C), as so redesignated— (i) in the heading, by striking within 150 days ; (ii) in clause (i), by striking during the 150-day period referred to in paragraph (1)(F), ; and (iii) by amending clause (ii) to read as follows: (ii) on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision. ; (D) by amending subparagraph (D), as so redesignated, to read as follows: (D) Dismissal of certain civil actions \n(i) Petition \nIf a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (A), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies. (ii) Timeliness \nIf a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition. (iii) Final response \nIf a civil action is filed against the Secretary with respect to any issue raised in a petition timely filed under paragraph (1) in which the petitioner requests that the Secretary take any form of action that could, if taken, set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act before the Secretary has taken final agency action on the petition within the meaning of subparagraph (C), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies. ; and (E) in clause (iii) of subparagraph (E), as so redesignated, by striking as defined under subparagraph (2)(A) and inserting within the meaning of subparagraph (C) ; and (3) in paragraph (4)— (A) by striking Exceptions in the paragraph heading and all that follows through This subsection does and inserting Exceptions.— This subsection does ; (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly.", "id": "id27901355-18b8-40b1-85cf-dad5805fafec", "header": "Ensuring timely access to generics", "nested": [], "links": [ { "text": "21 U.S.C. 355(q)", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] } ], "links": [ { "text": "42 U.S.C. 300mm et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300mm" }, { "text": "42 U.S.C. 300mm–5", "legal-doc": "usc", "parsable-cite": "usc/42/300mm-5" }, { "text": "42 U.S.C. 300mm–21(a)", "legal-doc": "usc", "parsable-cite": "usc/42/300mm-21" }, { "text": "42 U.S.C. 300mm et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300mm" }, { "text": "42 U.S.C. 300mm et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300mm" }, { "text": "42 U.S.C. 300mm–21(a)(4)(B)(i)(II)", "legal-doc": "usc", "parsable-cite": "usc/42/300mm-21" }, { "text": "42 U.S.C. 300mm–31(a)(3)(B)(i)(II)", "legal-doc": "usc", "parsable-cite": "usc/42/300mm-31" }, { "text": "42 U.S.C. 300mm–41", "legal-doc": "usc", "parsable-cite": "usc/42/300mm-41" }, { "text": "42 U.S.C. 300mm–61(b)", "legal-doc": "usc", "parsable-cite": "usc/42/300mm-61" }, { "text": "21 U.S.C. 355(q)", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "3353. Special Fund \n(a) In general \nThere is established a fund to be known as the World Trade Center Health Program Special Fund (referred to in this section as the Special Fund ), consisting of amounts deposited into the Special Fund under subsection (b). (b) Amount \nOut of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $444,000,000 for deposit into the Special Fund, which amounts shall remain available in such Fund through fiscal year 2033. (c) Uses of funds \nAmounts deposited into the Special Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator as needed at the discretion of such Administrator, for carrying out any provision in this title (including sections 3303 and 3341(c)). (d) Remaining amounts \nAny amounts that remain in the Special Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.", "id": "id9FB058114D714435A3C151D8D3FBC025", "header": "Special Fund", "nested": [ { "text": "(a) In general \nThere is established a fund to be known as the World Trade Center Health Program Special Fund (referred to in this section as the Special Fund ), consisting of amounts deposited into the Special Fund under subsection (b).", "id": "id676370A32FE1488D81C98C5764F94447", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Amount \nOut of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $444,000,000 for deposit into the Special Fund, which amounts shall remain available in such Fund through fiscal year 2033.", "id": "id23386688849C4860A56016B794655A19", "header": "Amount", "nested": [], "links": [] }, { "text": "(c) Uses of funds \nAmounts deposited into the Special Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator as needed at the discretion of such Administrator, for carrying out any provision in this title (including sections 3303 and 3341(c)).", "id": "id5C269A801E434347843E62C2AEE81629", "header": "Uses of funds", "nested": [], "links": [] }, { "text": "(d) Remaining amounts \nAny amounts that remain in the Special Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.", "id": "id6E9AA8A2DF8146BB9F82490A1936DCAC", "header": "Remaining amounts", "nested": [], "links": [] } ], "links": [] }, { "text": "3354. Pentagon/Shanksville Fund \n(a) In general \nThere is established a fund to be known as the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania (referred to in this section as the Pentagon/Shanksville Fund ), consisting of amounts deposited into the Pentagon/Shanksville Fund under subsection (b). (b) Amount \nOut of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $232,000,000 for deposit into the Pentagon/Shanksville Fund, which amounts shall remain available in such Fund through fiscal year 2033. (c) Uses of funds \n(1) In general \nAmounts deposited into the Pentagon/Shanksville Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator for the purpose of carrying out section 3312 with regard to WTC responders enrolled in the WTC Program based on eligibility criteria described in subclause (III) or (IV) of section 3311(a)(2)(C)(i). (2) Limitation on other funding \nNotwithstanding sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other provision in this title, for the period of fiscal years 2024 through 2033, no amounts made available under this title other than those amounts appropriated under subsection (b) may be available for the purpose described in paragraph (1). (d) Remaining amounts \nAny amounts that remain in the Pentagon/Shanksville Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.", "id": "idFC1C09DC5AAB465B8D8F35D42861894B", "header": "Pentagon/Shanksville Fund", "nested": [ { "text": "(a) In general \nThere is established a fund to be known as the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania (referred to in this section as the Pentagon/Shanksville Fund ), consisting of amounts deposited into the Pentagon/Shanksville Fund under subsection (b).", "id": "idAC5F73308B03403F98C7C2CAA431CBA3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Amount \nOut of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $232,000,000 for deposit into the Pentagon/Shanksville Fund, which amounts shall remain available in such Fund through fiscal year 2033.", "id": "idCA074BCA53D04BCE8C44DDFC41ED0D2F", "header": "Amount", "nested": [], "links": [] }, { "text": "(c) Uses of funds \n(1) In general \nAmounts deposited into the Pentagon/Shanksville Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator for the purpose of carrying out section 3312 with regard to WTC responders enrolled in the WTC Program based on eligibility criteria described in subclause (III) or (IV) of section 3311(a)(2)(C)(i). (2) Limitation on other funding \nNotwithstanding sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other provision in this title, for the period of fiscal years 2024 through 2033, no amounts made available under this title other than those amounts appropriated under subsection (b) may be available for the purpose described in paragraph (1).", "id": "id1BC18C8180F647418149FAA6536FB58B", "header": "Uses of funds", "nested": [], "links": [] }, { "text": "(d) Remaining amounts \nAny amounts that remain in the Pentagon/Shanksville Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.", "id": "id2141512964E14ABE995815F4FF3A1523", "header": "Remaining amounts", "nested": [], "links": [] } ], "links": [] }, { "text": "1088. Reauthorization of voluntary registry for firefighter cancer incidence \nSection 2(h) of the Firefighter Cancer Registry Act of 2018 ( 42 U.S.C. 280e–5(h) ) is amended by striking $2,500,000 for each of the fiscal years 2018 through 2022 and inserting $5,500,000 for each of fiscal years 2024 through 2028.", "id": "H196CF35FC23540F982D577E3BB6D0990", "header": "Reauthorization of voluntary registry for firefighter cancer incidence", "nested": [], "links": [ { "text": "42 U.S.C. 280e–5(h)", "legal-doc": "usc", "parsable-cite": "usc/42/280e-5" } ] }, { "text": "1089. Requirement for unqualified opinion on financial statement \nThe Secretary of Defense shall ensure that the Department of Defense has received an unqualified opinion on its financial statements by October 1, 2027.", "id": "id000db31914eb4062bb567f176a66c9c66080QR", "header": "Requirement for unqualified opinion on financial statement", "nested": [], "links": [] }, { "text": "1090. Briefing on Air National Guard active associations \nNot later than November 1, 2023, the Secretary of the Air Force shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the potential increase in air refueling capacity and cost savings, including manpower, to be achieved by making all Air National Guard KC–135 units active associations.", "id": "idd7ecd07b1ae143e9b59178f026cf122a", "header": "Briefing on Air National Guard active associations", "nested": [], "links": [] }, { "text": "1090A. Informing Consumers about Smart Devices Act \n(a) Required disclosure of a camera or recording capability in certain internet-connected devices \nEach manufacturer of a covered device shall disclose, clearly and conspicuously and prior to purchase, whether the covered device manufactured by the manufacturer contains a camera or microphone as a component of the covered device. (b) Enforcement by the Federal Trade Commission \n(1) Unfair or deceptive acts or practices \nA violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Actions by the Commission \n(A) In general \nThe Federal Trade Commission (in this section referred to as the Commission ) shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. (B) Penalties and privileges \nAny person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Savings clause \nNothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (3) Commission guidance \nNot later than 180 days after the date of enactment of this section, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this section, including guidance about best practices for making the disclosure required by subsection (a) as clear and conspicuous and age appropriate as practicable and about best practices for the use of a pictorial (as defined in section 2(a) of the Consumer Review Fairness Act of 2016 ( 15 U.S.C. 45b(a) )) visual representation of the information to be disclosed. (4) Tailored guidance \nA manufacturer of a covered device may petition the Commission for tailored guidance as to how to meet the requirements of subsection (a) consistent with existing rules of practice or any successor rules. (5) Limitation on Commission Guidance \nNo guidance issued by the Commission with respect to this section shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this section, the Commission shall allege a specific violation of a provision of this section. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate subsection (a). (c) Definition of covered device \nIn this section, the term covered device — (1) means a consumer product, as defined by section 3(a) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a) ) that is capable of connecting to the internet, a component of which is a camera or microphone; and (2) does not include— (A) a telephone (including a mobile phone), a laptop, tablet, or any device that a consumer would reasonably expect to have a microphone or camera; (B) any device that is specifically marketed as a camera, telecommunications device, or microphone; or (C) any device or apparatus described in sections 255, 716, and 718, and subsections (aa) and (bb) of section 303 of the Communications Act of 1934 ( 47 U.S.C. 255 ; 617; 619; and 303(aa) and (bb)), and any regulations promulgated thereunder. (d) Effective date \nThis section shall apply to all covered devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under subsection (b)(3), and shall not apply to covered devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date.", "id": "id57afb6d6277b40e6b9fd7c2716b52034", "header": "Informing Consumers about Smart Devices Act", "nested": [ { "text": "(a) Required disclosure of a camera or recording capability in certain internet-connected devices \nEach manufacturer of a covered device shall disclose, clearly and conspicuously and prior to purchase, whether the covered device manufactured by the manufacturer contains a camera or microphone as a component of the covered device.", "id": "HF2AD8FF5F04D4B41A2BF12B4E124A3FF", "header": "Required disclosure of a camera or recording capability in certain internet-connected devices", "nested": [], "links": [] }, { "text": "(b) Enforcement by the Federal Trade Commission \n(1) Unfair or deceptive acts or practices \nA violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Actions by the Commission \n(A) In general \nThe Federal Trade Commission (in this section referred to as the Commission ) shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. (B) Penalties and privileges \nAny person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Savings clause \nNothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (3) Commission guidance \nNot later than 180 days after the date of enactment of this section, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this section, including guidance about best practices for making the disclosure required by subsection (a) as clear and conspicuous and age appropriate as practicable and about best practices for the use of a pictorial (as defined in section 2(a) of the Consumer Review Fairness Act of 2016 ( 15 U.S.C. 45b(a) )) visual representation of the information to be disclosed. (4) Tailored guidance \nA manufacturer of a covered device may petition the Commission for tailored guidance as to how to meet the requirements of subsection (a) consistent with existing rules of practice or any successor rules. (5) Limitation on Commission Guidance \nNo guidance issued by the Commission with respect to this section shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this section, the Commission shall allege a specific violation of a provision of this section. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate subsection (a).", "id": "HA9A22BC9E6EA46F190EDC54E38C5296F", "header": "Enforcement by the Federal Trade Commission", "nested": [], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 45b(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45b" } ] }, { "text": "(c) Definition of covered device \nIn this section, the term covered device — (1) means a consumer product, as defined by section 3(a) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a) ) that is capable of connecting to the internet, a component of which is a camera or microphone; and (2) does not include— (A) a telephone (including a mobile phone), a laptop, tablet, or any device that a consumer would reasonably expect to have a microphone or camera; (B) any device that is specifically marketed as a camera, telecommunications device, or microphone; or (C) any device or apparatus described in sections 255, 716, and 718, and subsections (aa) and (bb) of section 303 of the Communications Act of 1934 ( 47 U.S.C. 255 ; 617; 619; and 303(aa) and (bb)), and any regulations promulgated thereunder.", "id": "H78BF421ABE4E4CD7ADA58BB77680D889", "header": "Definition of covered device", "nested": [], "links": [ { "text": "15 U.S.C. 2052(a)", "legal-doc": "usc", "parsable-cite": "usc/15/2052" }, { "text": "47 U.S.C. 255", "legal-doc": "usc", "parsable-cite": "usc/47/255" } ] }, { "text": "(d) Effective date \nThis section shall apply to all covered devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under subsection (b)(3), and shall not apply to covered devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date.", "id": "H5030E4E4685C41E997FA947538D4FC18", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 45b(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45b" }, { "text": "15 U.S.C. 2052(a)", "legal-doc": "usc", "parsable-cite": "usc/15/2052" }, { "text": "47 U.S.C. 255", "legal-doc": "usc", "parsable-cite": "usc/47/255" } ] }, { "text": "1090B. Improving processing by Department of Veterans Affairs of disability claims for post-traumatic stress disorder through improved training \n(a) Short title \nThis section may be cited as the Department of Veterans Affairs Post-Traumatic Stress Disorder Processing Claims Improvement Act of 2023. (b) Formal process for conduct of annual analysis of training needs based on trends \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Under Secretary for Benefits, shall establish a formal process to analyze, on an annual basis, training needs of employees of the Department who review claims for disability compensation for service-connected post-traumatic stress disorder, based on identified processing error trends. (c) Formal process for conduct of annual studies to support annual analysis \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to conduct, on an annual basis, studies to help guide the process established under subsection (b). (2) Elements \nEach study conducted under paragraph (1) shall cover the following: (A) Military post-traumatic stress disorder stressors. (B) Decision-making claims for claims processors.", "id": "id6bc1ffeb260941a9acd8f506a3603ee1", "header": "Improving processing by Department of Veterans Affairs of disability claims for post-traumatic stress disorder through improved training", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Department of Veterans Affairs Post-Traumatic Stress Disorder Processing Claims Improvement Act of 2023.", "id": "idA2FA9B2037DF44E2A51EC06233AA95DF", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Formal process for conduct of annual analysis of training needs based on trends \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Under Secretary for Benefits, shall establish a formal process to analyze, on an annual basis, training needs of employees of the Department who review claims for disability compensation for service-connected post-traumatic stress disorder, based on identified processing error trends.", "id": "idE6DA3E34735644FE94DC8826D73847DA", "header": "Formal process for conduct of annual analysis of training needs based on trends", "nested": [], "links": [] }, { "text": "(c) Formal process for conduct of annual studies to support annual analysis \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to conduct, on an annual basis, studies to help guide the process established under subsection (b). (2) Elements \nEach study conducted under paragraph (1) shall cover the following: (A) Military post-traumatic stress disorder stressors. (B) Decision-making claims for claims processors.", "id": "id1F8C0C8F49764B4BAA8E65FBA8217BFD", "header": "Formal process for conduct of annual studies to support annual analysis", "nested": [], "links": [] } ], "links": [] }, { "text": "1090C. U.S. Hostage and Wrongful Detainee Day Act of 2023 \n(a) Short title \nThis section may be cited as the U.S. Hostage and Wrongful Detainee Day Act of 2023. (b) Designation \n(1) Hostage and Wrongful Detainee Day \n(A) In general \nChapter 1 of title 36, United States Code, is amended— (i) by redesignating the second section 146 (relating to Choose Respect Day) as section 147; and (ii) by adding at the end the following: 148. U.S. Hostage and Wrongful Detainee Day \n(a) Designation \nMarch 9 is U.S. Hostage and Wrongful Detainee Day. (b) Proclamation \nThe President is requested to issue each year a proclamation calling on the people of the United States to observe U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and activities.. (B) Technical and conforming amendment \nThe table of sections for chapter 1 of title 36, United States Code, is amended by striking the item relating to the second section 146 and inserting the following new items: 147. Choose Respect Day. 148. U.S. Hostage and Wrongful Detainee Day.. (2) Hostage and Wrongful Detainee flag \n(A) In general \nChapter 9 of title 36, United States Code, is amended by adding at the end the following new section: 904. Hostage and Wrongful Detainee flag \n(a) Designation \nThe Hostage and Wrongful Detainee flag championed by the Bring Our Families Home Campaign is designated as the symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents of the United States held as hostages or wrongfully detained abroad. (b) Required display \n(1) In general \nThe Hostage and Wrongful Detainee flag shall be displayed at the locations specified in paragraph (3) on the days specified in paragraph (2). (2) Days specified \nThe days specified in this paragraph are the following: (A) U.S. Hostage and Wrongful Detainee Day, March 9. (B) Flag Day, June 14. (C) Independence Day, July 4. (D) Any day on which a citizen or lawful permanent resident of the United States— (i) returns to the United States from being held hostage or wrongfully detained abroad; or (ii) dies while being held hostage or wrongfully detained abroad. (3) Locations specified \nThe locations specified in this paragraph are the following: (A) The Capitol. (B) The White House. (C) The buildings containing the official office of— (i) the Secretary of State; and (ii) the Secretary of Defense. (c) Display To be in a manner visible to the public \nDisplay of the Hostage and Wrongful Detainee flag pursuant to this section shall be in a manner designed to ensure visibility to the public. (d) Limitation \nThis section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the Hostage and Wrongful Detainee flag.. (B) Technical and conforming amendment \nThe table of sections for chapter 9 of title 36, United States Code, is amended by adding at the end the following: 904. Hostage and Wrongful Detainee flag..", "id": "id50001aad8388495991c128ae96e32b1a", "header": "U.S. Hostage and Wrongful Detainee Day Act of 2023", "nested": [ { "text": "(a) Short title \nThis section may be cited as the U.S. Hostage and Wrongful Detainee Day Act of 2023.", "id": "id7ed08bf71c554f6489d8b7f87f19d3fd", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Designation \n(1) Hostage and Wrongful Detainee Day \n(A) In general \nChapter 1 of title 36, United States Code, is amended— (i) by redesignating the second section 146 (relating to Choose Respect Day) as section 147; and (ii) by adding at the end the following: 148. U.S. Hostage and Wrongful Detainee Day \n(a) Designation \nMarch 9 is U.S. Hostage and Wrongful Detainee Day. (b) Proclamation \nThe President is requested to issue each year a proclamation calling on the people of the United States to observe U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and activities.. (B) Technical and conforming amendment \nThe table of sections for chapter 1 of title 36, United States Code, is amended by striking the item relating to the second section 146 and inserting the following new items: 147. Choose Respect Day. 148. U.S. Hostage and Wrongful Detainee Day.. (2) Hostage and Wrongful Detainee flag \n(A) In general \nChapter 9 of title 36, United States Code, is amended by adding at the end the following new section: 904. Hostage and Wrongful Detainee flag \n(a) Designation \nThe Hostage and Wrongful Detainee flag championed by the Bring Our Families Home Campaign is designated as the symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents of the United States held as hostages or wrongfully detained abroad. (b) Required display \n(1) In general \nThe Hostage and Wrongful Detainee flag shall be displayed at the locations specified in paragraph (3) on the days specified in paragraph (2). (2) Days specified \nThe days specified in this paragraph are the following: (A) U.S. Hostage and Wrongful Detainee Day, March 9. (B) Flag Day, June 14. (C) Independence Day, July 4. (D) Any day on which a citizen or lawful permanent resident of the United States— (i) returns to the United States from being held hostage or wrongfully detained abroad; or (ii) dies while being held hostage or wrongfully detained abroad. (3) Locations specified \nThe locations specified in this paragraph are the following: (A) The Capitol. (B) The White House. (C) The buildings containing the official office of— (i) the Secretary of State; and (ii) the Secretary of Defense. (c) Display To be in a manner visible to the public \nDisplay of the Hostage and Wrongful Detainee flag pursuant to this section shall be in a manner designed to ensure visibility to the public. (d) Limitation \nThis section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the Hostage and Wrongful Detainee flag.. (B) Technical and conforming amendment \nThe table of sections for chapter 9 of title 36, United States Code, is amended by adding at the end the following: 904. Hostage and Wrongful Detainee flag..", "id": "idE0CB8FDD326A48538C0DD0FFF48C5B55", "header": "Designation", "nested": [], "links": [ { "text": "Chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/1" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/1" }, { "text": "Chapter 9", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/9" }, { "text": "chapter 9", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/9" } ] } ], "links": [ { "text": "Chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/1" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/1" }, { "text": "Chapter 9", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/9" }, { "text": "chapter 9", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/9" } ] }, { "text": "148. U.S. Hostage and Wrongful Detainee Day \n(a) Designation \nMarch 9 is U.S. Hostage and Wrongful Detainee Day. (b) Proclamation \nThe President is requested to issue each year a proclamation calling on the people of the United States to observe U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and activities.", "id": "idF61A3005278C4497B35A95F5EF353729", "header": "U.S. Hostage and Wrongful Detainee Day", "nested": [ { "text": "(a) Designation \nMarch 9 is U.S. Hostage and Wrongful Detainee Day.", "id": "id02E754EADF88497983722E326B9588B3", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) Proclamation \nThe President is requested to issue each year a proclamation calling on the people of the United States to observe U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and activities.", "id": "idFA52203C14F844EB974C103324AF8D82", "header": "Proclamation", "nested": [], "links": [] } ], "links": [] }, { "text": "904. Hostage and Wrongful Detainee flag \n(a) Designation \nThe Hostage and Wrongful Detainee flag championed by the Bring Our Families Home Campaign is designated as the symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents of the United States held as hostages or wrongfully detained abroad. (b) Required display \n(1) In general \nThe Hostage and Wrongful Detainee flag shall be displayed at the locations specified in paragraph (3) on the days specified in paragraph (2). (2) Days specified \nThe days specified in this paragraph are the following: (A) U.S. Hostage and Wrongful Detainee Day, March 9. (B) Flag Day, June 14. (C) Independence Day, July 4. (D) Any day on which a citizen or lawful permanent resident of the United States— (i) returns to the United States from being held hostage or wrongfully detained abroad; or (ii) dies while being held hostage or wrongfully detained abroad. (3) Locations specified \nThe locations specified in this paragraph are the following: (A) The Capitol. (B) The White House. (C) The buildings containing the official office of— (i) the Secretary of State; and (ii) the Secretary of Defense. (c) Display To be in a manner visible to the public \nDisplay of the Hostage and Wrongful Detainee flag pursuant to this section shall be in a manner designed to ensure visibility to the public. (d) Limitation \nThis section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the Hostage and Wrongful Detainee flag.", "id": "id9A98D22F78104E81AB7F346072ECBF11", "header": "Hostage and Wrongful Detainee flag", "nested": [ { "text": "(a) Designation \nThe Hostage and Wrongful Detainee flag championed by the Bring Our Families Home Campaign is designated as the symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents of the United States held as hostages or wrongfully detained abroad.", "id": "id3080B29310974B72955577C818AFDA7D", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) Required display \n(1) In general \nThe Hostage and Wrongful Detainee flag shall be displayed at the locations specified in paragraph (3) on the days specified in paragraph (2). (2) Days specified \nThe days specified in this paragraph are the following: (A) U.S. Hostage and Wrongful Detainee Day, March 9. (B) Flag Day, June 14. (C) Independence Day, July 4. (D) Any day on which a citizen or lawful permanent resident of the United States— (i) returns to the United States from being held hostage or wrongfully detained abroad; or (ii) dies while being held hostage or wrongfully detained abroad. (3) Locations specified \nThe locations specified in this paragraph are the following: (A) The Capitol. (B) The White House. (C) The buildings containing the official office of— (i) the Secretary of State; and (ii) the Secretary of Defense.", "id": "id3e465a0cbb8548eaaa6d7383d3c20b8e", "header": "Required display", "nested": [], "links": [] }, { "text": "(c) Display To be in a manner visible to the public \nDisplay of the Hostage and Wrongful Detainee flag pursuant to this section shall be in a manner designed to ensure visibility to the public.", "id": "idC2A0B8D7D9F54F278AD5AAE186A7187E", "header": "Display To be in a manner visible to the public", "nested": [], "links": [] }, { "text": "(d) Limitation \nThis section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the Hostage and Wrongful Detainee flag.", "id": "id73024E8814D3439F967202A4782AB641", "header": "Limitation", "nested": [], "links": [] } ], "links": [] }, { "text": "1090D. Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities \n(a) In general \nDuring the period beginning on the date that is 30 days after the date of the enactment of this section, amounts provided as project grants under subchapter I of chapter 471 of title 49, United States Code, may not be used to enter into a contract described in subsection (b) with any entity on the list required by subsection (c). (b) Contract described \nA contract described in this subsection is a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport. (c) List required \n(1) In general \nNot later than 30 days after the date of enactment of this Act, and thereafter as required by paragraph (2), the United States Trade Representative, and the Administrator of the Federal Aviation Administration shall make available to the Administrator of the Federal Aviation Administration a publicly-available a list of entities manufacturing airport passenger boarding infrastructure or equipment that— (A) are owned, directed by, or subsidized in whole, or in part by the People’s Republic of China; (B) have been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States; (C) own or control, are owned or controlled by, are under common ownership or control with, or are successors to, an entity described in subparagraph (A); (D) own or control, are under common ownership or control with, or are successors to, an entity described in subparagraph (A); or (E) have entered into an agreement with or accepted funding from, whether in the form of minority investment interest or debt, have entered into a partnership with, or have entered into another contractual or other written arrangement with, an entity described in subparagraph (A). (2) Updates to list \nThe United States Trade Representative shall update the list required by paragraph (1), based on information provided by the Administrator of the Federal Aviation Administration, in consultation with the Attorney General— (A) not less frequently than every 90 days during the 180-day period following the initial publication of the list under paragraph (1); and (B) not less frequently than annually thereafter. (d) Definitions \nIn this section, the definitions in section 47102 of title 49, United States Code, shall apply.", "id": "id2c52a1710c814cb19b8b88e405470fa8", "header": "Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities", "nested": [ { "text": "(a) In general \nDuring the period beginning on the date that is 30 days after the date of the enactment of this section, amounts provided as project grants under subchapter I of chapter 471 of title 49, United States Code, may not be used to enter into a contract described in subsection (b) with any entity on the list required by subsection (c).", "id": "id20793fa5a11d43bdb18023307d61b358", "header": "In general", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "(b) Contract described \nA contract described in this subsection is a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport.", "id": "ida428396ed62544618dfb1ff2092138f0", "header": "Contract described", "nested": [], "links": [] }, { "text": "(c) List required \n(1) In general \nNot later than 30 days after the date of enactment of this Act, and thereafter as required by paragraph (2), the United States Trade Representative, and the Administrator of the Federal Aviation Administration shall make available to the Administrator of the Federal Aviation Administration a publicly-available a list of entities manufacturing airport passenger boarding infrastructure or equipment that— (A) are owned, directed by, or subsidized in whole, or in part by the People’s Republic of China; (B) have been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States; (C) own or control, are owned or controlled by, are under common ownership or control with, or are successors to, an entity described in subparagraph (A); (D) own or control, are under common ownership or control with, or are successors to, an entity described in subparagraph (A); or (E) have entered into an agreement with or accepted funding from, whether in the form of minority investment interest or debt, have entered into a partnership with, or have entered into another contractual or other written arrangement with, an entity described in subparagraph (A). (2) Updates to list \nThe United States Trade Representative shall update the list required by paragraph (1), based on information provided by the Administrator of the Federal Aviation Administration, in consultation with the Attorney General— (A) not less frequently than every 90 days during the 180-day period following the initial publication of the list under paragraph (1); and (B) not less frequently than annually thereafter.", "id": "idc105ba3e0cd143ebb50f817e30938e14", "header": "List required", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section, the definitions in section 47102 of title 49, United States Code, shall apply.", "id": "id155944d2420b488fb214abb74757a288", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "1090E. Conduct of winter season reconnaissance of atmospheric rivers in the western United States \n(a) Conduct of reconnaissance \n(1) In general \nSubject to the availability of appropriations, the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the Administrator of the National Oceanic and Atmospheric Administration may use aircraft, personnel, and equipment necessary to meet the mission requirements of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the National Oceanic and Atmospheric Administration if those aircraft, personnel, and equipment are not otherwise needed for hurricane monitoring and response. (2) Activities \nIn carrying out paragraph (1), the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and appropriate line offices of the National Oceanic and Atmospheric Administration, may— (A) improve the accuracy and timeliness of observations to support the forecast and warning services of the National Weather Service for the coasts of the United States; (B) collect data in data-sparse regions where conventional, upper-air observations are lacking; (C) support water management decisions and flood forecasting through the execution of targeted airborne dropsonde, buoys, autonomous platform observations, satellite observations, remote sensing observations, and other observation platforms as appropriate, including enhanced assimilation of the data from those observations over the eastern, central, and western north Pacific Ocean, the Gulf of Mexico, and the western Atlantic Ocean to improve forecasts of large storms for civil authorities and military decision makers; (D) participate in the research and operations partnership that guides flight planning and uses research methods to improve and expand the capabilities and effectiveness of weather reconnaissance over time; and (E) undertake such other additional activities as the Administrator of the National Oceanic and Atmospheric Administration, in collaboration with the 53rd Weather Reconnaissance Squadron, considers appropriate to further prediction of dangerous weather events. (b) Reports \n(1) Air Force \n(A) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, shall submit to the appropriate committees of Congress a comprehensive report on the resources necessary for the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command to continue to support, through December 31, 2035— (i) the National Hurricane Operations Plan; (ii) the National Winter Season Operations Plan; and (iii) any other operational requirements relating to weather reconnaissance. (B) Appropriate committees of Congress \nIn this paragraph, the term appropriate committees of Congress means— (i) the Committee on Armed Services of the Senate; (ii) the Subcommittee on Defense of the Committee on Appropriations of the Senate; (iii) the Committee on Commerce, Science, and Transportation of the Senate; (iv) the Committee on Science, Space, and Technology of the House of Representatives; (v) the Committee on Armed Services of the House of Representatives; and (vi) the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) Commerce \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a comprehensive report on the resources necessary for the National Oceanic and Atmospheric Administration to continue to support, through December 31, 2035— (A) the National Hurricane Operations Plan; (B) the National Winter Season Operations Plan; and (C) any other operational requirements relating to weather reconnaissance.", "id": "id9ee8178d9f1f40fe8dff0061bc0f9050", "header": "Conduct of winter season reconnaissance of atmospheric rivers in the western United States", "nested": [ { "text": "(a) Conduct of reconnaissance \n(1) In general \nSubject to the availability of appropriations, the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the Administrator of the National Oceanic and Atmospheric Administration may use aircraft, personnel, and equipment necessary to meet the mission requirements of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the National Oceanic and Atmospheric Administration if those aircraft, personnel, and equipment are not otherwise needed for hurricane monitoring and response. (2) Activities \nIn carrying out paragraph (1), the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and appropriate line offices of the National Oceanic and Atmospheric Administration, may— (A) improve the accuracy and timeliness of observations to support the forecast and warning services of the National Weather Service for the coasts of the United States; (B) collect data in data-sparse regions where conventional, upper-air observations are lacking; (C) support water management decisions and flood forecasting through the execution of targeted airborne dropsonde, buoys, autonomous platform observations, satellite observations, remote sensing observations, and other observation platforms as appropriate, including enhanced assimilation of the data from those observations over the eastern, central, and western north Pacific Ocean, the Gulf of Mexico, and the western Atlantic Ocean to improve forecasts of large storms for civil authorities and military decision makers; (D) participate in the research and operations partnership that guides flight planning and uses research methods to improve and expand the capabilities and effectiveness of weather reconnaissance over time; and (E) undertake such other additional activities as the Administrator of the National Oceanic and Atmospheric Administration, in collaboration with the 53rd Weather Reconnaissance Squadron, considers appropriate to further prediction of dangerous weather events.", "id": "id126868a30b744009870917aae8a4687e", "header": "Conduct of reconnaissance", "nested": [], "links": [] }, { "text": "(b) Reports \n(1) Air Force \n(A) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, shall submit to the appropriate committees of Congress a comprehensive report on the resources necessary for the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command to continue to support, through December 31, 2035— (i) the National Hurricane Operations Plan; (ii) the National Winter Season Operations Plan; and (iii) any other operational requirements relating to weather reconnaissance. (B) Appropriate committees of Congress \nIn this paragraph, the term appropriate committees of Congress means— (i) the Committee on Armed Services of the Senate; (ii) the Subcommittee on Defense of the Committee on Appropriations of the Senate; (iii) the Committee on Commerce, Science, and Transportation of the Senate; (iv) the Committee on Science, Space, and Technology of the House of Representatives; (v) the Committee on Armed Services of the House of Representatives; and (vi) the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) Commerce \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a comprehensive report on the resources necessary for the National Oceanic and Atmospheric Administration to continue to support, through December 31, 2035— (A) the National Hurricane Operations Plan; (B) the National Winter Season Operations Plan; and (C) any other operational requirements relating to weather reconnaissance.", "id": "id81ef3b3f10494af7860eb5483608d7ba", "header": "Reports", "nested": [], "links": [] } ], "links": [] }, { "text": "1090F. National Cold War Center designation \n(a) Purposes \nThe purposes of this section are— (1) to designate the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, including its future and expanded exhibits, collections, and educational programs, as a National Cold War Center ; (2) to recognize the preservation, maintenance, and interpretation of the artifacts, documents, images, and history collected by the Center; (3) to enhance the knowledge of the American people of the experience of the United States during the Cold War years; and (4) to ensure that all future generations understand the sacrifices made to preserve freedom and democracy, and the benefits of peace for all future generations in the 21st century and beyond. (b) Designation \n(1) In general \nThe museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, is designated as a National Cold War Center. (2) Rule of construction \nNothing in this section shall preclude the designation of other national centers or museums in the United States interpreting the Cold War. (c) Effect of designation \nThe National Cold War Center designated by this section is not a unit of the National Park System, and the designation of the center as a National Cold War Center shall not be construed to require or permit Federal funds to be expended for any purpose related to the designation made by this section.", "id": "H843C0EAA04CF44D79C9726AA30E93065", "header": "National Cold War Center designation", "nested": [ { "text": "(a) Purposes \nThe purposes of this section are— (1) to designate the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, including its future and expanded exhibits, collections, and educational programs, as a National Cold War Center ; (2) to recognize the preservation, maintenance, and interpretation of the artifacts, documents, images, and history collected by the Center; (3) to enhance the knowledge of the American people of the experience of the United States during the Cold War years; and (4) to ensure that all future generations understand the sacrifices made to preserve freedom and democracy, and the benefits of peace for all future generations in the 21st century and beyond.", "id": "H4DAFBB4EF4804F0492CE112AC1784BF8", "header": "Purposes", "nested": [], "links": [] }, { "text": "(b) Designation \n(1) In general \nThe museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, is designated as a National Cold War Center. (2) Rule of construction \nNothing in this section shall preclude the designation of other national centers or museums in the United States interpreting the Cold War.", "id": "ide48590dee2ee40ebb333c7f57fd83cda", "header": "Designation", "nested": [], "links": [] }, { "text": "(c) Effect of designation \nThe National Cold War Center designated by this section is not a unit of the National Park System, and the designation of the center as a National Cold War Center shall not be construed to require or permit Federal funds to be expended for any purpose related to the designation made by this section.", "id": "id709b2ab518534483a3769844ccdd230f", "header": "Effect of designation", "nested": [], "links": [] } ], "links": [] }, { "text": "1090G. Semiconductor program \nTitle XCIX of division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 15 U.S.C. 4651 et seq. ) is amended— (1) in section 9902 ( 15 U.S.C. 4652 )— (A) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (B) by inserting after subsection (g) the following: (h) Authority relating to environmental review \n(1) In general \nNotwithstanding any other provision of law, the provision by the Secretary of Federal financial assistance for a project described in this section that satisfies the requirements under subsection (a)(2)(C)(i) of this section shall not be considered to be a major Federal action under NEPA or an undertaking for the purposes of division A of subtitle III of title 54, United States Code, if— (A) the activity described in the application for that project has commenced not later than 1 year after the date of enactment of the National Defense Authorization Act for Fiscal Year 2024; (B) the Federal financial assistance provided is in the form of a loan or loan guarantee; or (C) the Federal financial assistance provided, excluding any loan or loan guarantee, comprises not more than 10 percent of the total estimated cost of the project. (2) Savings clause \nNothing in this subsection may be construed as altering whether an activity described in subparagraph (A), (B), or (C) of paragraph (1) is considered to be a major Federal action under NEPA, or an undertaking under division A of subtitle III of title 54, United States Code, for a reason other than that the activity is eligible for Federal financial assistance provided under this section. ; and (2) in section 9909 ( 15 U.S.C. 4659 ), by adding at the end the following: (c) Lead Federal agency and cooperating agencies \n(1) Definition \nIn this subsection, the term lead agency has the meaning given the term in section 111 of NEPA. (2) Option to serve as lead agency \nWith respect to a covered activity that is a major Federal action under NEPA, and with respect to which the Department of Commerce is authorized or required by law to issue an authorization or take action for or relating to that covered activity, the Department of Commerce shall have the first right to serve as the lead agency with respect to that covered activity under NEPA. (d) Categorical exclusions \n(1) Establishment of categorical exclusions \nEach of the following categorical exclusions is established for the National Institute of Standards and Technology with respect to a covered activity and, beginning on the date of enactment of this subsection, is available for use by the Secretary with respect to a covered activity: (A) Categorical exclusion 17.04.d (relating to the acquisition of machinery and equipment) in the document entitled EDA Program to Implement the National Environmental Policy Act of 1969 and Other Federal Environmental Mandates As Required (Directive No. 17.02–2; effective date October 14, 1992). (B) Categorical exclusion A9 in Appendix A to subpart D of part 1021 of title 10, Code of Federal Regulations, or any successor regulation. (C) Categorical exclusions B1.24, B1.31, B2.5, and B5.1 in Appendix B to subpart D of part 1021 of title 10, Code of Federal Regulations, or any successor regulation. (D) The categorical exclusions described in paragraphs (4) and (13) of section 50.19(b) of title 24, Code of Federal Regulations, or any successor regulation. (E) Categorical exclusion (c)(1) in Appendix B to part 651 of title 32, Code of Federal Regulations, or any successor regulation. (F) Categorical exclusions A2.3.8 and A2.3.14 in Appendix B to part 989 of title 32, Code of Federal Regulations, or any successor regulation. (2) Additional categorical exclusions \nNotwithstanding any other provision of law, each of the following shall be treated as a category of action categorically excluded from the requirements relating to environmental assessments and environmental impact statements under section 1501.4 of title 40, Code of Federal Regulations, or any successor regulation: (A) The provision by the Secretary of any Federal financial assistance for a project described in section 9902, if the facility that is the subject of the project is on or adjacent to a site— (i) that is owned or leased by the covered entity to which Federal financial assistance is provided for that project; and (ii) on which, as of the date on which the Secretary provides that Federal financial assistance, substantially similar construction, expansion, or modernization is being or has been carried out, such that the facility would not more than double existing developed acreage or on-site supporting infrastructure. (B) The provision by the Secretary of Defense of any Federal financial assistance relating to— (i) the creation, expansion, or modernization of one or more facilities described in the second sentence of section 9903(a)(1); or (ii) carrying out section 9903(b), as in effect on the date of enactment of this subsection. (C) Any activity undertaken by the Secretary relating to carrying out section 9906, as in effect on the date of enactment of this subsection. (e) Incorporation of prior planning decisions \n(1) Definition \nIn this subsection, the term prior studies and decisions means baseline data, planning documents, studies, analyses, decisions, and documentation that a Federal agency has completed for a project (or that have been completed under the laws and procedures of a State or Indian Tribe), including for determining the reasonable range of alternatives for that project. (2) Reliance on prior studies and decisions \nIn completing an environmental review under NEPA for a covered activity, the Secretary may consider and, as appropriate, rely on or adopt prior studies and decisions, if the Secretary determines that— (A) those prior studies and decisions meet the standards for an adequate statement, assessment, or determination under applicable procedures of the Department of Commerce implementing the requirements of NEPA; (B) in the case of prior studies and decisions completed under the laws and procedures of a State or Indian Tribe, those laws and procedures are of equal or greater rigor than those of each applicable Federal law, including NEPA, implementing procedures of the Department of Commerce; or (C) if applicable, the prior studies and decisions are informed by other analysis or documentation that would have been prepared if the prior studies and decisions were prepared by the Secretary under NEPA. (f) Definitions \nIn this section: (1) Covered activity \nThe term covered activity means any activity relating to the construction, expansion, or modernization of a facility, the investment in which is eligible for Federal financial assistance under section 9902 or 9906. (2) NEPA \nThe term NEPA means the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. )..", "id": "id9BA5FFBA7A014DAEA3D24C43C428C656", "header": "Semiconductor program", "nested": [], "links": [ { "text": "15 U.S.C. 4651 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/4651" }, { "text": "15 U.S.C. 4652", "legal-doc": "usc", "parsable-cite": "usc/15/4652" }, { "text": "15 U.S.C. 4659", "legal-doc": "usc", "parsable-cite": "usc/15/4659" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "1090H. Prohibition of demand for bribe \nSection 201 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (4) the term foreign official means— (A) (i) any official or employee of a foreign government or any department, agency, or instrumentality thereof; or (ii) any senior foreign political figure, as defined in section 1010.605 of title 31, Code of Federal Regulations, or any successor regulation; (B) any official or employee of a public international organization; (C) any person acting in an official capacity for or on behalf of— (i) a government, department, agency, or instrumentality described in subparagraph (A)(i); or (ii) a public international organization; or (D) any person acting in an unofficial capacity for or on behalf of— (i) a government, department, agency, or instrumentality described in subparagraph (A)(i); or (ii) a public international organization; and (5) the term public international organization means— (A) an organization that is designated by Executive order pursuant to section 1 of the International Organizations Immunities Act ( 22 U.S.C. 288 ); or (B) any other international organization that is designated by the President by Executive order for the purposes of this section, effective as of the date of publication of such order in the Federal Register. ; and (2) by adding at the end the following: (f) Prohibition of demand for a bribe \n(1) Offense \nIt shall be unlawful for any foreign official or person selected to be a foreign official to corruptly demand, seek, receive, accept, or agree to receive or accept, directly or indirectly, anything of value personally or for any other person or nongovernmental entity, by making use of the mails or any means or instrumentality of interstate commerce, from any person (as defined in section 104A of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–3 ), except that that definition shall be applied without regard to whether the person is an offender) while in the territory of the United States, from an issuer (as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )), or from a domestic concern (as defined in section 104 of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–2 )), in return for— (A) being influenced in the performance of any official act; (B) being induced to do or omit to do any act in violation of the official duty of such foreign official or person; or (C) conferring any improper advantage, in connection with obtaining or retaining business for or with, or directing business to, any person. (2) Penalties \nAny person who violates paragraph (1) shall be fined not more than $250,000 or 3 times the monetary equivalent of the thing of value, imprisoned for not more than 15 years, or both. (3) Jurisdiction \nAn offense under paragraph (1) shall be subject to extraterritorial Federal jurisdiction. (4) Report \nNot later than 1 year after the date of enactment of the Foreign Extortion Prevention Act, and annually thereafter, the Attorney General, in consultation with the Secretary of State as relevant, shall submit to the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives, and post on the publicly available website of the Department of Justice, a report— (A) focusing, in part, on demands by foreign officials for bribes from entities domiciled or incorporated in the United States, and the efforts of foreign governments to prosecute such cases; (B) addressing United States diplomatic efforts to protect entities domiciled or incorporated in the United States from foreign bribery, and the effectiveness of those efforts in protecting such entities; (C) summarizing major actions taken under this section in the previous year, including enforcement actions taken and penalties imposed; (D) evaluating the effectiveness of the Department of Justice in enforcing this section; and (E) detailing what resources or legislative action the Department of Justice needs to ensure adequate enforcement of this section. (5) Rule of construction \nThis subsection shall not be construed as encompassing conduct that would violate section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 ) or section 104 or 104A of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–2 ; 15 U.S.C. 78dd–3 ) whether pursuant to a theory of direct liability, conspiracy, complicity, or otherwise..", "id": "id9f52f7fcff564eb1a18e62dfb32a9d3f", "header": "Prohibition of demand for bribe", "nested": [], "links": [ { "text": "22 U.S.C. 288", "legal-doc": "usc", "parsable-cite": "usc/22/288" }, { "text": "15 U.S.C. 78dd–3", "legal-doc": "usc", "parsable-cite": "usc/15/78dd-3" }, { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78dd–2", "legal-doc": "usc", "parsable-cite": "usc/15/78dd-2" }, { "text": "15 U.S.C. 78dd–1", "legal-doc": "usc", "parsable-cite": "usc/15/78dd-1" }, { "text": "15 U.S.C. 78dd–2", "legal-doc": "usc", "parsable-cite": "usc/15/78dd-2" }, { "text": "15 U.S.C. 78dd–3", "legal-doc": "usc", "parsable-cite": "usc/15/78dd-3" } ] }, { "text": "1090I. Studies and reports on treatment of service of certain members of the Armed Forces who served in female cultural support teams \n(a) Findings \nCongress finds the following: (1) In 2010, the Commander of United States Special Operations Command established the Cultural Support Team Program to overcome significant intelligence gaps during the Global War on Terror. (2) From 2010 through 2021, approximately 310 female members, from every Armed Force, passed and were selected as members of female cultural support teams, and deployed with special operations forces. (3) Members of female cultural support teams served honorably, demonstrated commendable courage, overcame such intelligence gaps, engaged in direct action, and suffered casualties during the Global War on Terror. (4) The Federal Government has a duty to recognize members and veterans of female cultural support teams who volunteered to join the Armed Forces, to undergo arduous training for covered service, and to execute dangerous and classified missions in the course of such covered service. (5) Members who performed covered service have sought treatment from the Department of Veterans Affairs for traumatic brain injuries, post-traumatic stress, and disabling physical trauma incurred in the course of such covered service, but have been denied such care. (b) Sense of Congress \nIt is the Sense of Congress that— (1) individuals who performed covered service performed exceptional service to the United States; and (2) the Secretary of Defense should ensure that the performance of covered service is included in the military service record of each individual who performed covered service so that those with service-connected injuries can receive proper care and benefits for their service. (c) Secretary of Defense study and report \n(1) In general \nNot later than March 31, 2024, the Secretary of Defense shall— (A) carry out a study on the treatment of covered service for purposes of retired pay under laws administered by the Secretary; and (B) submit to the appropriate committees of Congress a report on the findings of the Secretary with respect to the study carried out under paragraph (1). (2) List \nThe report submitted under paragraph (1)(B) shall include a list of each individual who performed covered service whose military service record should be modified on account of covered service. (d) Secretary of Veterans Affairs study and report \n(1) In general \nNot later than March 31, 2024, the Secretary of Veterans Affairs shall— (A) carry out a study on the treatment of covered service for purposes of compensation under laws administered by the Secretary; and (B) submit to the appropriate committees of Congress a report on the findings of the Secretary with respect to the study carried out under paragraph (1). (2) Contents \nThe report submitted under paragraph (1)(B) shall include the following: (A) A list of each veteran who performed covered service whose claim for disability compensation under a law administered by the Secretary was denied due to the inability of the Department of Veterans Affairs to determine the injury was service-connected. (B) An estimate of the cost that would be incurred by the Department to provide veterans described in subparagraph (A) with the health care and benefits they are entitled to under the laws administered by the Secretary on account of their covered service. (e) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (2) Covered service \nThe term covered service means service— (A) as a member of the Armed Forces; (B) in a female cultural support team; (C) with the personnel development skill identifier of R2J or 5DK, or any other validation methods, such as valid sworn statements, officer and enlisted performance evaluations, training certificates, or records of an award from completion of tour with a cultural support team; and (D) during the period beginning on January 1, 2010, and ending on August 31, 2021.", "id": "HD9143274DB9844AC92361C331B6A8041", "header": "Studies and reports on treatment of service of certain members of the Armed Forces who served in female cultural support teams", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) In 2010, the Commander of United States Special Operations Command established the Cultural Support Team Program to overcome significant intelligence gaps during the Global War on Terror. (2) From 2010 through 2021, approximately 310 female members, from every Armed Force, passed and were selected as members of female cultural support teams, and deployed with special operations forces. (3) Members of female cultural support teams served honorably, demonstrated commendable courage, overcame such intelligence gaps, engaged in direct action, and suffered casualties during the Global War on Terror. (4) The Federal Government has a duty to recognize members and veterans of female cultural support teams who volunteered to join the Armed Forces, to undergo arduous training for covered service, and to execute dangerous and classified missions in the course of such covered service. (5) Members who performed covered service have sought treatment from the Department of Veterans Affairs for traumatic brain injuries, post-traumatic stress, and disabling physical trauma incurred in the course of such covered service, but have been denied such care.", "id": "H362FF4B910574481A95D4178183A5A73", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of Congress \nIt is the Sense of Congress that— (1) individuals who performed covered service performed exceptional service to the United States; and (2) the Secretary of Defense should ensure that the performance of covered service is included in the military service record of each individual who performed covered service so that those with service-connected injuries can receive proper care and benefits for their service.", "id": "H4DA7F3991DD745D89CA08D2A6E144B39", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(c) Secretary of Defense study and report \n(1) In general \nNot later than March 31, 2024, the Secretary of Defense shall— (A) carry out a study on the treatment of covered service for purposes of retired pay under laws administered by the Secretary; and (B) submit to the appropriate committees of Congress a report on the findings of the Secretary with respect to the study carried out under paragraph (1). (2) List \nThe report submitted under paragraph (1)(B) shall include a list of each individual who performed covered service whose military service record should be modified on account of covered service.", "id": "id0d6175bb3f184c45955bc8904453da3e", "header": "Secretary of Defense study and report", "nested": [], "links": [] }, { "text": "(d) Secretary of Veterans Affairs study and report \n(1) In general \nNot later than March 31, 2024, the Secretary of Veterans Affairs shall— (A) carry out a study on the treatment of covered service for purposes of compensation under laws administered by the Secretary; and (B) submit to the appropriate committees of Congress a report on the findings of the Secretary with respect to the study carried out under paragraph (1). (2) Contents \nThe report submitted under paragraph (1)(B) shall include the following: (A) A list of each veteran who performed covered service whose claim for disability compensation under a law administered by the Secretary was denied due to the inability of the Department of Veterans Affairs to determine the injury was service-connected. (B) An estimate of the cost that would be incurred by the Department to provide veterans described in subparagraph (A) with the health care and benefits they are entitled to under the laws administered by the Secretary on account of their covered service.", "id": "id526748CD21D74655A7250EAE577C5261", "header": "Secretary of Veterans Affairs study and report", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (2) Covered service \nThe term covered service means service— (A) as a member of the Armed Forces; (B) in a female cultural support team; (C) with the personnel development skill identifier of R2J or 5DK, or any other validation methods, such as valid sworn statements, officer and enlisted performance evaluations, training certificates, or records of an award from completion of tour with a cultural support team; and (D) during the period beginning on January 1, 2010, and ending on August 31, 2021.", "id": "HF60882C718814BE5A92E3F7BC3782348", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "1090J. Global cooperative framework to end human rights abuses in sourcing critical minerals \n(a) In general \nThe Secretary of State shall seek to convene a meeting of foreign leaders to establish a multilateral framework to end human rights abuses, including the exploitation of forced labor and child labor, related to the mining and sourcing of critical minerals. (b) Implementation report \nThe Secretary shall lead the development of an annual global report on the implementation of the framework under subsection (a), including progress and recommendations to fully end human rights abuses, including the exploitation of forced labor and child labor, related to the extraction of critical minerals around the world. (c) Consultations \nThe Secretary shall consult closely on a timely basis with the following with respect to developing and implementing the framework under subsection (a): (1) The Forced Labor Enforcement Task Force established under section 741 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4681 ); and (2) Congress. (d) Relationship to United States law \nNothing in the framework under subsection (a) shall be construed— (1) to amend or modify any law of the United States; or (2) to limit any authority conferred under any law of the United States. (e) Extractive Industries Transparency Initiative and Certain Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act \nNothing in this section shall— (1) affect the authority of the President to take any action to join and subsequently comply with the terms and obligations of the Extractive Industries Transparency Initiative (EITI); or (2) affect section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 15 U.S.C. 78m note), or subsection (q) of section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ), as added by section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 ; 124 Stat. 2220), or any rule prescribed under either such section. (f) Critical mineral defined \nIn this section, the term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ).", "id": "id1A720BFD75EE46FBAC3DBE776A3FD3C3", "header": "Global cooperative framework to end human rights abuses in sourcing critical minerals", "nested": [ { "text": "(a) In general \nThe Secretary of State shall seek to convene a meeting of foreign leaders to establish a multilateral framework to end human rights abuses, including the exploitation of forced labor and child labor, related to the mining and sourcing of critical minerals.", "id": "id7AEEDCA81FCB4334BD8C02F98612A8A8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Implementation report \nThe Secretary shall lead the development of an annual global report on the implementation of the framework under subsection (a), including progress and recommendations to fully end human rights abuses, including the exploitation of forced labor and child labor, related to the extraction of critical minerals around the world.", "id": "id3850215c78a84f54b9e7da7e185b696d", "header": "Implementation report", "nested": [], "links": [] }, { "text": "(c) Consultations \nThe Secretary shall consult closely on a timely basis with the following with respect to developing and implementing the framework under subsection (a): (1) The Forced Labor Enforcement Task Force established under section 741 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4681 ); and (2) Congress.", "id": "id4e9cf2f7d02e419ba825fe4b296604bd", "header": "Consultations", "nested": [], "links": [ { "text": "19 U.S.C. 4681", "legal-doc": "usc", "parsable-cite": "usc/19/4681" } ] }, { "text": "(d) Relationship to United States law \nNothing in the framework under subsection (a) shall be construed— (1) to amend or modify any law of the United States; or (2) to limit any authority conferred under any law of the United States.", "id": "ida3e1a6adea3d45149c44149760754baa", "header": "Relationship to United States law", "nested": [], "links": [] }, { "text": "(e) Extractive Industries Transparency Initiative and Certain Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act \nNothing in this section shall— (1) affect the authority of the President to take any action to join and subsequently comply with the terms and obligations of the Extractive Industries Transparency Initiative (EITI); or (2) affect section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 15 U.S.C. 78m note), or subsection (q) of section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ), as added by section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 ; 124 Stat. 2220), or any rule prescribed under either such section.", "id": "id59e0b2f498d240c3bfdfc38a7ad2d8f8", "header": "Extractive Industries Transparency Initiative and Certain Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act", "nested": [], "links": [ { "text": "15 U.S.C. 78m", "legal-doc": "usc", "parsable-cite": "usc/15/78m" }, { "text": "15 U.S.C. 78m", "legal-doc": "usc", "parsable-cite": "usc/15/78m" }, { "text": "Public Law 111–203", "legal-doc": "public-law", "parsable-cite": "pl/111/203" } ] }, { "text": "(f) Critical mineral defined \nIn this section, the term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ).", "id": "id2de64efe84fb43e982da06728307771b", "header": "Critical mineral defined", "nested": [], "links": [ { "text": "30 U.S.C. 1606(a)", "legal-doc": "usc", "parsable-cite": "usc/30/1606" } ] } ], "links": [ { "text": "19 U.S.C. 4681", "legal-doc": "usc", "parsable-cite": "usc/19/4681" }, { "text": "15 U.S.C. 78m", "legal-doc": "usc", "parsable-cite": "usc/15/78m" }, { "text": "15 U.S.C. 78m", "legal-doc": "usc", "parsable-cite": "usc/15/78m" }, { "text": "Public Law 111–203", "legal-doc": "public-law", "parsable-cite": "pl/111/203" }, { "text": "30 U.S.C. 1606(a)", "legal-doc": "usc", "parsable-cite": "usc/30/1606" } ] }, { "text": "1090K. Readmission requirements for servicemembers \nSection 484C(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1091c(a) ) is amended to read as follows: (a) Definition of Service in the Uniformed Services \nIn this section, the term service in the uniformed services means service (whether voluntary or involuntary) on active duty in the Armed Forces, including such service by a member of the National Guard or Reserve..", "id": "idf765780401854d63aa2ee6a432928410", "header": "Readmission requirements for servicemembers", "nested": [], "links": [ { "text": "20 U.S.C. 1091c(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1091c" } ] }, { "text": "1091. Short title \nThis subtitle may be cited as the American Security Drone Act of 2023.", "id": "idee689ef2a961432b8136ab5606728abd", "header": "Short title", "nested": [], "links": [] }, { "text": "1092. Definitions \nIn this subtitle: (1) Covered foreign entity \nThe term covered foreign entity means an entity included on a list developed and maintained by the Federal Acquisition Security Council and published in the System for Award Management (SAM). This list will include entities in the following categories: (A) An entity included on the Consolidated Screening List. (B) Any entity that is subject to extrajudicial direction from a foreign government, as determined by the Secretary of Homeland Security. (C) Any entity the Secretary of Homeland Security, in coordination with the Attorney General, Director of National Intelligence, and the Secretary of Defense, determines poses a national security risk. (D) Any entity domiciled in the People’s Republic of China or subject to influence or control by the Government of the People’s Republic of China or the Communist Party of the People’s Republic of China, as determined by the Secretary of Homeland Security. (E) Any subsidiary or affiliate of an entity described in subparagraphs (A) through (D). (2) Covered unmanned aircraft system \nThe term covered unmanned aircraft system has the meaning given the term unmanned aircraft system in section 44801 of title 49, United States Code. (3) Intelligence; intelligence community \nThe terms intelligence and intelligence community have the meanings given those terms in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ).", "id": "HCA47850744AF4C36B226934F60A71977", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "1093. Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities \n(a) In general \nExcept as provided under subsections (b) through (f), the head of an executive agency may not procure any covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity, which includes associated elements related to the collection and transmission of sensitive information (consisting of communication links and the components that control the unmanned aircraft) that enable the operator to operate the aircraft in the National Airspace System. The Federal Acquisition Security Council, in coordination with the Secretary of Transportation, shall develop and update a list of associated elements. (b) Exemption \nThe Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the procurement is required in the national interest of the United States and— (1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology; (2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or (3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official. (c) Department of Transportation and Federal Aviation Administration exemption \nThe Secretary of Transportation is exempt from the restriction under subsection (a) if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee. (d) National Transportation Safety Board exemption \nThe National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the sole purpose of conducting safety investigations. (e) National Oceanic and Atmospheric Administration exemption \nThe Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission. (f) Waiver \nThe head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and (2) upon notification to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform in the House of Representatives; and (C) other appropriate congressional committees of jurisdiction.", "id": "H6403CA82752248B2B478770D70FF7DF0", "header": "Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities", "nested": [ { "text": "(a) In general \nExcept as provided under subsections (b) through (f), the head of an executive agency may not procure any covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity, which includes associated elements related to the collection and transmission of sensitive information (consisting of communication links and the components that control the unmanned aircraft) that enable the operator to operate the aircraft in the National Airspace System. The Federal Acquisition Security Council, in coordination with the Secretary of Transportation, shall develop and update a list of associated elements.", "id": "H36DE047812724A84888F58AC7E0A4BDF", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exemption \nThe Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the procurement is required in the national interest of the United States and— (1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology; (2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or (3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official.", "id": "H4E4BFE45D5FB4CC7A180BDFF016FC6D4", "header": "Exemption", "nested": [], "links": [] }, { "text": "(c) Department of Transportation and Federal Aviation Administration exemption \nThe Secretary of Transportation is exempt from the restriction under subsection (a) if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee.", "id": "HE037B5A92C0643E4B020C526A821AF09", "header": "Department of Transportation and Federal Aviation Administration exemption", "nested": [], "links": [] }, { "text": "(d) National Transportation Safety Board exemption \nThe National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the sole purpose of conducting safety investigations.", "id": "H35256779AECB47A0996F80AAAB8C37C1", "header": "National Transportation Safety Board exemption", "nested": [], "links": [] }, { "text": "(e) National Oceanic and Atmospheric Administration exemption \nThe Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission.", "id": "H8A451C06D40C4BB58BD0AF4D385A93C1", "header": "National Oceanic and Atmospheric Administration exemption", "nested": [], "links": [] }, { "text": "(f) Waiver \nThe head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and (2) upon notification to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform in the House of Representatives; and (C) other appropriate congressional committees of jurisdiction.", "id": "H7A5801E3E1344468B9ECFCB233768EFE", "header": "Waiver", "nested": [], "links": [] } ], "links": [] }, { "text": "1094. Prohibition on operation of covered unmanned aircraft systems from covered foreign entities \n(a) Prohibition \n(1) In general \nBeginning on the date that is two years after the date of the enactment of this Act, no Federal department or agency may operate a covered unmanned aircraft system manufactured or assembled by a covered foreign entity. (2) Applicability to contracted services \nThe prohibition under paragraph (1) applies to any covered unmanned aircraft systems that are being used by any executive agency through the method of contracting for the services of covered unmanned aircraft systems. (b) Exemption \nThe Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the operation is required in the national interest of the United States and— (1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology; (2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or (3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official. (c) Department of Transportation and Federal Aviation Administration exemption \nThe Secretary of Transportation is exempt from the restriction under subsection (a) if the operation is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee. (d) National Transportation Safety Board exemption \nThe National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation is necessary for the sole purpose of conducting safety investigations. (e) National Oceanic and Atmospheric Administration exemption \nThe Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission. (f) Waiver \nThe head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and (2) upon notification to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform in the House of Representatives; and (C) other appropriate congressional committees of jurisdiction. (g) Regulations and guidance \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of Transportation, shall prescribe regulations or guidance to implement this section.", "id": "H205565E5EF674B059BCC870E7D233D73", "header": "Prohibition on operation of covered unmanned aircraft systems from covered foreign entities", "nested": [ { "text": "(a) Prohibition \n(1) In general \nBeginning on the date that is two years after the date of the enactment of this Act, no Federal department or agency may operate a covered unmanned aircraft system manufactured or assembled by a covered foreign entity. (2) Applicability to contracted services \nThe prohibition under paragraph (1) applies to any covered unmanned aircraft systems that are being used by any executive agency through the method of contracting for the services of covered unmanned aircraft systems.", "id": "H7F7DE5542FDF4C93B2C2957CF6A0A8D5", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Exemption \nThe Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the operation is required in the national interest of the United States and— (1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology; (2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or (3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official.", "id": "idD222D96269154A1483C9A06679A845B9", "header": "Exemption", "nested": [], "links": [] }, { "text": "(c) Department of Transportation and Federal Aviation Administration exemption \nThe Secretary of Transportation is exempt from the restriction under subsection (a) if the operation is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee.", "id": "HDC746B1F08284F5CBCCEB056A14764B6", "header": "Department of Transportation and Federal Aviation Administration exemption", "nested": [], "links": [] }, { "text": "(d) National Transportation Safety Board exemption \nThe National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation is necessary for the sole purpose of conducting safety investigations.", "id": "H76AF7ABFBB184A8CB9E7C731305F3EC7", "header": "National Transportation Safety Board exemption", "nested": [], "links": [] }, { "text": "(e) National Oceanic and Atmospheric Administration exemption \nThe Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission.", "id": "H761905EA4C0D400E94D7971B6FA7A3F9", "header": "National Oceanic and Atmospheric Administration exemption", "nested": [], "links": [] }, { "text": "(f) Waiver \nThe head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and (2) upon notification to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform in the House of Representatives; and (C) other appropriate congressional committees of jurisdiction.", "id": "HC412BBE7A8274339AEF18C02EC87A7C6", "header": "Waiver", "nested": [], "links": [] }, { "text": "(g) Regulations and guidance \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of Transportation, shall prescribe regulations or guidance to implement this section.", "id": "H38DCA86DE3B94FA7A065DB5C2261155E", "header": "Regulations and guidance", "nested": [], "links": [] } ], "links": [] }, { "text": "1095. Prohibition on use of Federal funds for procurement and operation of covered unmanned aircraft systems from covered foreign entities \n(a) In general \nBeginning on the date that is two years after the date of the enactment of this Act, except as provided in subsection (b), no Federal funds awarded through a contract, grant, or cooperative agreement, or otherwise made available may be used— (1) to procure a covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity; or (2) in connection with the operation of such a drone or unmanned aircraft system. (b) Exemption \nThe Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the procurement or operation is required in the national interest of the United States and— (1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology; (2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or (3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official. (c) Department of Transportation and Federal Aviation Administration exemption \nThe Secretary of Transportation is exempt from the restriction under subsection (a) if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee. (d) National Oceanic and Atmospheric Administration exemption \nThe Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission. (e) Waiver \nThe head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and (2) upon notification to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform in the House of Representatives; and (C) other appropriate congressional committees of jurisdiction. (f) Regulations \nNot later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall prescribe regulations or guidance, as necessary, to implement the requirements of this section pertaining to Federal contracts.", "id": "H7E8919DDE42F4C709B2FF12233DF0656", "header": "Prohibition on use of Federal funds for procurement and operation of covered unmanned aircraft systems from covered foreign entities", "nested": [ { "text": "(a) In general \nBeginning on the date that is two years after the date of the enactment of this Act, except as provided in subsection (b), no Federal funds awarded through a contract, grant, or cooperative agreement, or otherwise made available may be used— (1) to procure a covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity; or (2) in connection with the operation of such a drone or unmanned aircraft system.", "id": "H6DA037A397E4459980AD64A1E2B988BE", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exemption \nThe Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the procurement or operation is required in the national interest of the United States and— (1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology; (2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or (3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official.", "id": "idAEFF1241634C4004A93320389066F42E", "header": "Exemption", "nested": [], "links": [] }, { "text": "(c) Department of Transportation and Federal Aviation Administration exemption \nThe Secretary of Transportation is exempt from the restriction under subsection (a) if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee.", "id": "HB884C7E74CD2491C9AFD389427BD3367", "header": "Department of Transportation and Federal Aviation Administration exemption", "nested": [], "links": [] }, { "text": "(d) National Oceanic and Atmospheric Administration exemption \nThe Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission.", "id": "HAA0CF47CEC6D495B8E22560D72D575B2", "header": "National Oceanic and Atmospheric Administration exemption", "nested": [], "links": [] }, { "text": "(e) Waiver \nThe head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and (2) upon notification to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform in the House of Representatives; and (C) other appropriate congressional committees of jurisdiction.", "id": "H0D0A36B4D1C74F139B2B03E2FEE7FCB5", "header": "Waiver", "nested": [], "links": [] }, { "text": "(f) Regulations \nNot later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall prescribe regulations or guidance, as necessary, to implement the requirements of this section pertaining to Federal contracts.", "id": "HC567A781F1574764AD54B3C580D52809", "header": "Regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "1096. Prohibition on use of Government-issued Purchase Cards to purchase covered unmanned aircraft systems from covered foreign entities \nEffective immediately, Government-issued Purchase Cards may not be used to procure any covered unmanned aircraft system from a covered foreign entity.", "id": "HB66AE2A70B59431FA2A45648F8C9563A", "header": "Prohibition on use of Government-issued Purchase Cards to purchase covered unmanned aircraft systems from covered foreign entities", "nested": [], "links": [] }, { "text": "1097. Management of existing inventories of covered unmanned aircraft systems from covered foreign entities \n(a) In general \nAll executive agencies must account for existing inventories of covered unmanned aircraft systems manufactured or assembled by a covered foreign entity in their personal property accounting systems, within one year of the date of enactment of this Act, regardless of the original procurement cost, or the purpose of procurement due to the special monitoring and accounting measures necessary to track the items’ capabilities. (b) Classified tracking \nDue to the sensitive nature of missions and operations conducted by the United States Government, inventory data related to covered unmanned aircraft systems manufactured or assembled by a covered foreign entity may be tracked at a classified level, as determined by the Secretary of Homeland Security or the Secretary’s designee. (c) Exceptions \nThe Department of Defense, the Department of Homeland Security, the Department of Justice, the Department of Transportation, and the National Oceanic and Atmospheric Administration may exclude from the full inventory process, covered unmanned aircraft systems that are deemed expendable due to mission risk such as recovery issues, or that are one-time-use covered unmanned aircraft due to requirements and low cost.", "id": "H8E4CC8DD12044D669B5AD26ED2AE7EAE", "header": "Management of existing inventories of covered unmanned aircraft systems from covered foreign entities", "nested": [ { "text": "(a) In general \nAll executive agencies must account for existing inventories of covered unmanned aircraft systems manufactured or assembled by a covered foreign entity in their personal property accounting systems, within one year of the date of enactment of this Act, regardless of the original procurement cost, or the purpose of procurement due to the special monitoring and accounting measures necessary to track the items’ capabilities.", "id": "HF0619BEF863D4CD2A138225E3D624B62", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Classified tracking \nDue to the sensitive nature of missions and operations conducted by the United States Government, inventory data related to covered unmanned aircraft systems manufactured or assembled by a covered foreign entity may be tracked at a classified level, as determined by the Secretary of Homeland Security or the Secretary’s designee.", "id": "HD715D7D793AF41F0822AB2EE801DF2D1", "header": "Classified tracking", "nested": [], "links": [] }, { "text": "(c) Exceptions \nThe Department of Defense, the Department of Homeland Security, the Department of Justice, the Department of Transportation, and the National Oceanic and Atmospheric Administration may exclude from the full inventory process, covered unmanned aircraft systems that are deemed expendable due to mission risk such as recovery issues, or that are one-time-use covered unmanned aircraft due to requirements and low cost.", "id": "H166CF972510441FD982DC3366AF800C2", "header": "Exceptions", "nested": [], "links": [] } ], "links": [] }, { "text": "1098. Comptroller General report \nNot later than 275 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the amount of commercial off-the-shelf drones and covered unmanned aircraft systems procured by Federal departments and agencies from covered foreign entities.", "id": "HA4B14ED126994C15AE47925C34C26A83", "header": "Comptroller General report", "nested": [], "links": [] }, { "text": "1099. Government-wide policy for procurement of unmanned aircraft systems \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Department of Homeland Security, Department of Transportation, the Department of Justice, and other Departments as determined by the Director of the Office of Management and Budget, and in consultation with the National Institute of Standards and Technology, shall establish a government-wide policy for the procurement of an unmanned aircraft system— (1) for non-Department of Defense and non-intelligence community operations; and (2) through grants and cooperative agreements entered into with non-Federal entities. (b) Information security \nThe policy developed under subsection (a) shall include the following specifications, which to the extent practicable, shall be based on industry standards and technical guidance from the National Institute of Standards and Technology, to address the risks associated with processing, storing, and transmitting Federal information in an unmanned aircraft system: (1) Protections to ensure controlled access to an unmanned aircraft system. (2) Protecting software, firmware, and hardware by ensuring changes to an unmanned aircraft system are properly managed, including by ensuring an unmanned aircraft system can be updated using a secure, controlled, and configurable mechanism. (3) Cryptographically securing sensitive collected, stored, and transmitted data, including proper handling of privacy data and other controlled unclassified information. (4) Appropriate safeguards necessary to protect sensitive information, including during and after use of an unmanned aircraft system. (5) Appropriate data security to ensure that data is not transmitted to or stored in non-approved locations. (6) The ability to opt out of the uploading, downloading, or transmitting of data that is not required by law or regulation and an ability to choose with whom and where information is shared when it is required. (c) Requirement \nThe policy developed under subsection (a) shall reflect an appropriate risk-based approach to information security related to use of an unmanned aircraft system. (d) Revision of acquisition regulations \nNot later than 180 days after the date on which the policy required under subsection (a) is issued— (1) the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation, as necessary, to implement the policy; and (2) any Federal department or agency or other Federal entity not subject to, or not subject solely to, the Federal Acquisition Regulation shall revise applicable policy, guidance, or regulations, as necessary, to implement the policy. (e) Exemption \nIn developing the policy required under subsection (a), the Director of the Office of Management and Budget shall— (1) incorporate policies to implement the exemptions contained in this subtitle; and (2) incorporate an exemption to the policy in the case of a head of the procuring department or agency determining, in writing, that no product that complies with the information security requirements described in subsection (b) is capable of fulfilling mission critical performance requirements, and such determination— (A) may not be delegated below the level of the Deputy Secretary, or Administrator, of the procuring department or agency; (B) shall specify— (i) the quantity of end items to which the waiver applies and the procurement value of those items; and (ii) the time period over which the waiver applies, which shall not exceed three years; (C) shall be reported to the Office of Management and Budget following issuance of such a determination; and (D) not later than 30 days after the date on which the determination is made, shall be provided to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives.", "id": "HFE32AA5784B9434C87BE14214670D9EE", "header": "Government-wide policy for procurement of unmanned aircraft systems", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Department of Homeland Security, Department of Transportation, the Department of Justice, and other Departments as determined by the Director of the Office of Management and Budget, and in consultation with the National Institute of Standards and Technology, shall establish a government-wide policy for the procurement of an unmanned aircraft system— (1) for non-Department of Defense and non-intelligence community operations; and (2) through grants and cooperative agreements entered into with non-Federal entities.", "id": "H2E669CCCE65A409FA006A743F970424F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Information security \nThe policy developed under subsection (a) shall include the following specifications, which to the extent practicable, shall be based on industry standards and technical guidance from the National Institute of Standards and Technology, to address the risks associated with processing, storing, and transmitting Federal information in an unmanned aircraft system: (1) Protections to ensure controlled access to an unmanned aircraft system. (2) Protecting software, firmware, and hardware by ensuring changes to an unmanned aircraft system are properly managed, including by ensuring an unmanned aircraft system can be updated using a secure, controlled, and configurable mechanism. (3) Cryptographically securing sensitive collected, stored, and transmitted data, including proper handling of privacy data and other controlled unclassified information. (4) Appropriate safeguards necessary to protect sensitive information, including during and after use of an unmanned aircraft system. (5) Appropriate data security to ensure that data is not transmitted to or stored in non-approved locations. (6) The ability to opt out of the uploading, downloading, or transmitting of data that is not required by law or regulation and an ability to choose with whom and where information is shared when it is required.", "id": "H049C859C92914F62956523A7FF581FAC", "header": "Information security", "nested": [], "links": [] }, { "text": "(c) Requirement \nThe policy developed under subsection (a) shall reflect an appropriate risk-based approach to information security related to use of an unmanned aircraft system.", "id": "H41BEC48A140A40CD8F75BD62016BBAE5", "header": "Requirement", "nested": [], "links": [] }, { "text": "(d) Revision of acquisition regulations \nNot later than 180 days after the date on which the policy required under subsection (a) is issued— (1) the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation, as necessary, to implement the policy; and (2) any Federal department or agency or other Federal entity not subject to, or not subject solely to, the Federal Acquisition Regulation shall revise applicable policy, guidance, or regulations, as necessary, to implement the policy.", "id": "H849B87FD0572428D98F882477D9780F5", "header": "Revision of acquisition regulations", "nested": [], "links": [] }, { "text": "(e) Exemption \nIn developing the policy required under subsection (a), the Director of the Office of Management and Budget shall— (1) incorporate policies to implement the exemptions contained in this subtitle; and (2) incorporate an exemption to the policy in the case of a head of the procuring department or agency determining, in writing, that no product that complies with the information security requirements described in subsection (b) is capable of fulfilling mission critical performance requirements, and such determination— (A) may not be delegated below the level of the Deputy Secretary, or Administrator, of the procuring department or agency; (B) shall specify— (i) the quantity of end items to which the waiver applies and the procurement value of those items; and (ii) the time period over which the waiver applies, which shall not exceed three years; (C) shall be reported to the Office of Management and Budget following issuance of such a determination; and (D) not later than 30 days after the date on which the determination is made, shall be provided to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives.", "id": "H4EAD162F3893445DA426707FDC70656A", "header": "Exemption", "nested": [], "links": [] } ], "links": [] }, { "text": "1099A. State, local, and territorial law enforcement and emergency service exemption \n(a) Rule of construction \nNothing in this subtitle shall prevent a State, local, or territorial law enforcement or emergency service agency from procuring or operating a covered unmanned aircraft system purchased with non-Federal dollars. (b) Continuity of arrangements \nThe Federal Government may continue entering into contracts, grants, and cooperative agreements or other Federal funding instruments with State, local, or territorial law enforcement or emergency service agencies under which a covered unmanned aircraft system will be purchased or operated if the agency has received approval or waiver to purchase or operate a covered unmanned aircraft system pursuant to section 1095.", "id": "H37A785AC88724D2BB8C66B7EF09238A6", "header": "State, local, and territorial law enforcement and emergency service exemption", "nested": [ { "text": "(a) Rule of construction \nNothing in this subtitle shall prevent a State, local, or territorial law enforcement or emergency service agency from procuring or operating a covered unmanned aircraft system purchased with non-Federal dollars.", "id": "H7B417A58E5CC49C3A73EFAAE4AE0967C", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(b) Continuity of arrangements \nThe Federal Government may continue entering into contracts, grants, and cooperative agreements or other Federal funding instruments with State, local, or territorial law enforcement or emergency service agencies under which a covered unmanned aircraft system will be purchased or operated if the agency has received approval or waiver to purchase or operate a covered unmanned aircraft system pursuant to section 1095.", "id": "H00C818F7A50342B3AA471148C845989B", "header": "Continuity of arrangements", "nested": [], "links": [] } ], "links": [] }, { "text": "1099B. Study \n(a) Study on the Supply Chain for Unmanned Aircraft Systems and Components \n(1) Report required \nNot later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the appropriate congressional committees a report on the supply chain for covered unmanned aircraft systems, including a discussion of current and projected future demand for covered unmanned aircraft systems. (2) Elements \nThe report under paragraph (1) shall include the following: (A) A description of the current and future global and domestic market for covered unmanned aircraft systems that are not widely commercially available except from a covered foreign entity. (B) A description of the sustainability, availability, cost, and quality of secure sources of covered unmanned aircraft systems domestically and from sources in allied and partner countries. (C) The plan of the Secretary of Defense to address any gaps or deficiencies identified in subparagraph (B), including through the use of funds available under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) and partnerships with the National Aeronautics and Space Administration and other interested persons. (D) Such other information as the Under Secretary of Defense for Acquisition and Sustainment determines to be appropriate. (3) Appropriate congressional committees defined \nIn this section the term appropriate congressional committees means: (A) The Committees on Armed Services of the Senate and the House of Representatives. (B) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (C) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. (D) The Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. (E) The Committee on Transportation and Infrastructure of the House of Representatives. (F) The Committee on Homeland Security of the House of Representatives.", "id": "HD47813D12378420A96DF3AB49B1AAC28", "header": "Study", "nested": [ { "text": "(a) Study on the Supply Chain for Unmanned Aircraft Systems and Components \n(1) Report required \nNot later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the appropriate congressional committees a report on the supply chain for covered unmanned aircraft systems, including a discussion of current and projected future demand for covered unmanned aircraft systems. (2) Elements \nThe report under paragraph (1) shall include the following: (A) A description of the current and future global and domestic market for covered unmanned aircraft systems that are not widely commercially available except from a covered foreign entity. (B) A description of the sustainability, availability, cost, and quality of secure sources of covered unmanned aircraft systems domestically and from sources in allied and partner countries. (C) The plan of the Secretary of Defense to address any gaps or deficiencies identified in subparagraph (B), including through the use of funds available under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) and partnerships with the National Aeronautics and Space Administration and other interested persons. (D) Such other information as the Under Secretary of Defense for Acquisition and Sustainment determines to be appropriate. (3) Appropriate congressional committees defined \nIn this section the term appropriate congressional committees means: (A) The Committees on Armed Services of the Senate and the House of Representatives. (B) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (C) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. (D) The Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. (E) The Committee on Transportation and Infrastructure of the House of Representatives. (F) The Committee on Homeland Security of the House of Representatives.", "id": "HD635276F7B904D5BABA7BE2EDFC625AC", "header": "Study on the Supply Chain for Unmanned Aircraft Systems and Components", "nested": [], "links": [ { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" } ] } ], "links": [ { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" } ] }, { "text": "1099C. Exceptions \n(a) Exception for wildfire management operations and search and rescue operations \nThe appropriate Federal agencies, in consultation with the Secretary of Homeland Security, are exempt from the procurement and operation restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting the full range of wildfire management operations or search and rescue operations. (b) Exception for intelligence activities \nThe elements of the intelligence community, in consultation with the Director of National Intelligence, are exempt from the procurement and operation restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting intelligence activities. (c) Exception for tribal law enforcement or emergency service agency \nTribal law enforcement or Tribal emergency service agencies, in consultation with the Secretary of Homeland Security, are exempt from the procurement, operation, and purchase restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting the full range of law enforcement operations or search and rescue operations on Indian lands.", "id": "id431BE9DA167442B09536129B682DD4AF", "header": "Exceptions", "nested": [ { "text": "(a) Exception for wildfire management operations and search and rescue operations \nThe appropriate Federal agencies, in consultation with the Secretary of Homeland Security, are exempt from the procurement and operation restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting the full range of wildfire management operations or search and rescue operations.", "id": "id6EEECD70FE2E4243B15B29880074ACAC", "header": "Exception for wildfire management operations and search and rescue operations", "nested": [], "links": [] }, { "text": "(b) Exception for intelligence activities \nThe elements of the intelligence community, in consultation with the Director of National Intelligence, are exempt from the procurement and operation restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting intelligence activities.", "id": "id4622d9963eff4cafb4502186cd1a0737", "header": "Exception for intelligence activities", "nested": [], "links": [] }, { "text": "(c) Exception for tribal law enforcement or emergency service agency \nTribal law enforcement or Tribal emergency service agencies, in consultation with the Secretary of Homeland Security, are exempt from the procurement, operation, and purchase restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting the full range of law enforcement operations or search and rescue operations on Indian lands.", "id": "id5a487df7168a4eab9fa984a0b7e87446", "header": "Exception for tribal law enforcement or emergency service agency", "nested": [], "links": [] } ], "links": [] }, { "text": "1099D. Sunset \nSections 1093, 1094, and 1095 shall cease to have effect on the date that is five years after the date of the enactment of this Act.", "id": "HFD1A3ED748024034A50D927305EC8E99", "header": "Sunset", "nested": [], "links": [] }, { "text": "1099AA. Claims relating to Manhattan Project waste \n(a) Short title \nThis section may be cited as the Radiation Exposure Compensation Expansion Act. (b) Claims relating to Manhattan Project waste \nThe Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note) is amended by inserting after section 5 the following: 5A. Claims relating to Manhattan Project waste \n(a) In general \nA claimant shall receive compensation for a claim made under this Act, as described in subsection (b) or (c), if— (1) a claim for compensation is filed with the Attorney General— (A) by an individual described in paragraph (2); or (B) on behalf of that individual by an authorized agent of that individual, if the individual is deceased or incapacitated, such as— (i) an executor of estate of that individual; or (ii) a legal guardian or conservator of that individual; (2) that individual, or if applicable, an authorized agent of that individual, demonstrates that the individual— (A) was physically present in an affected area for a period of at least 2 years after January 1, 1949; and (B) contracted a specified disease after such period of physical presence; (3) the Attorney General certifies that the identity of that individual, and if applicable, the authorized agent of that individual, is not fraudulent or otherwise misrepresented; and (4) the Attorney General determines that the claimant has satisfied the applicable requirements of this Act. (b) Losses available to living affected individuals \n(1) In general \nIn the event of a claim qualifying for compensation under subsection (a) that is submitted to the Attorney General to be eligible for compensation under this section at a time when the individual described in subsection (a)(2) is living, the amount of compensation under this section shall be in an amount that is the greater of $50,000 or the total amount of compensation for which the individual is eligible under paragraph (2). (2) Losses due to medical expenses \nA claimant described in paragraph (1) shall be eligible to receive, upon submission of contemporaneous written medical records, reports, or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suffered by that claimant, such as any medical expenses not covered, paid for, or reimbursed through— (A) any public or private health insurance; (B) any employee health insurance; (C) any workers’ compensation program; or (D) any other public, private, or employee health program or benefit. (c) Payments to beneficiaries of deceased individuals \nIn the event that an individual described in subsection (a)(2) who qualifies for compensation under subsection (a) is deceased at the time of submission of the claim— (1) a surviving spouse may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the amount of $25,000; or (2) in the event that there is no surviving spouse, the surviving children, minor or otherwise, of the deceased individual may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the total amount of $25,000, paid in equal shares to each surviving child. (d) Affected area \nFor purposes of this section, the term affected area means, in the State of Missouri, the ZIP Codes of 63031, 63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 63044, 63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341, 63368, and 63367. (e) Specified disease \nFor purposes of this section, the term specified disease means any of the following: (1) Any leukemia, other than chronic lymphocytic leukemia, provided that the initial exposure occurred after the age of 20 and the onset of the disease was at least 2 years after first exposure. (2) Any of the following diseases, provided that the onset was at least 2 years after the initial exposure: (A) Multiple myeloma. (B) Lymphoma, other than Hodgkin’s disease. (C) Type 1 or type 2 diabetes. (D) Systemic lupus erythematosus. (E) Multiple sclerosis. (F) Hashimoto’s disease. (G) Primary cancer of the— (i) thyroid; (ii) male or female breast; (iii) esophagus; (iv) stomach; (v) pharynx; (vi) small intestine; (vii) pancreas; (viii) bile ducts; (ix) gall bladder; (x) salivary gland; (xi) urinary bladder; (xii) brain; (xiii) colon; (xiv) ovary; (xv) liver, except if cirrhosis or hepatitis B is indicated; (xvi) lung; (xvii) bone; or (xviii) kidney. (f) Physical presence \nFor purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written residential documentation and at least one additional employer-issued or government-issued document or record that the claimant, for a period of at least 2 years after January 1, 1949, was physically present in an affected area. (g) Disease contraction in affected areas \nFor purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written medical records or reports created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, that the claimant, after such period of physical presence, contracted a specified disease..", "id": "id38de856a0f0548ff830bf4792c358353", "header": "Claims relating to Manhattan Project waste", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Radiation Exposure Compensation Expansion Act.", "id": "id1486DD40EB514F11B1B9EA9990B377CB", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Claims relating to Manhattan Project waste \nThe Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note) is amended by inserting after section 5 the following: 5A. Claims relating to Manhattan Project waste \n(a) In general \nA claimant shall receive compensation for a claim made under this Act, as described in subsection (b) or (c), if— (1) a claim for compensation is filed with the Attorney General— (A) by an individual described in paragraph (2); or (B) on behalf of that individual by an authorized agent of that individual, if the individual is deceased or incapacitated, such as— (i) an executor of estate of that individual; or (ii) a legal guardian or conservator of that individual; (2) that individual, or if applicable, an authorized agent of that individual, demonstrates that the individual— (A) was physically present in an affected area for a period of at least 2 years after January 1, 1949; and (B) contracted a specified disease after such period of physical presence; (3) the Attorney General certifies that the identity of that individual, and if applicable, the authorized agent of that individual, is not fraudulent or otherwise misrepresented; and (4) the Attorney General determines that the claimant has satisfied the applicable requirements of this Act. (b) Losses available to living affected individuals \n(1) In general \nIn the event of a claim qualifying for compensation under subsection (a) that is submitted to the Attorney General to be eligible for compensation under this section at a time when the individual described in subsection (a)(2) is living, the amount of compensation under this section shall be in an amount that is the greater of $50,000 or the total amount of compensation for which the individual is eligible under paragraph (2). (2) Losses due to medical expenses \nA claimant described in paragraph (1) shall be eligible to receive, upon submission of contemporaneous written medical records, reports, or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suffered by that claimant, such as any medical expenses not covered, paid for, or reimbursed through— (A) any public or private health insurance; (B) any employee health insurance; (C) any workers’ compensation program; or (D) any other public, private, or employee health program or benefit. (c) Payments to beneficiaries of deceased individuals \nIn the event that an individual described in subsection (a)(2) who qualifies for compensation under subsection (a) is deceased at the time of submission of the claim— (1) a surviving spouse may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the amount of $25,000; or (2) in the event that there is no surviving spouse, the surviving children, minor or otherwise, of the deceased individual may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the total amount of $25,000, paid in equal shares to each surviving child. (d) Affected area \nFor purposes of this section, the term affected area means, in the State of Missouri, the ZIP Codes of 63031, 63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 63044, 63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341, 63368, and 63367. (e) Specified disease \nFor purposes of this section, the term specified disease means any of the following: (1) Any leukemia, other than chronic lymphocytic leukemia, provided that the initial exposure occurred after the age of 20 and the onset of the disease was at least 2 years after first exposure. (2) Any of the following diseases, provided that the onset was at least 2 years after the initial exposure: (A) Multiple myeloma. (B) Lymphoma, other than Hodgkin’s disease. (C) Type 1 or type 2 diabetes. (D) Systemic lupus erythematosus. (E) Multiple sclerosis. (F) Hashimoto’s disease. (G) Primary cancer of the— (i) thyroid; (ii) male or female breast; (iii) esophagus; (iv) stomach; (v) pharynx; (vi) small intestine; (vii) pancreas; (viii) bile ducts; (ix) gall bladder; (x) salivary gland; (xi) urinary bladder; (xii) brain; (xiii) colon; (xiv) ovary; (xv) liver, except if cirrhosis or hepatitis B is indicated; (xvi) lung; (xvii) bone; or (xviii) kidney. (f) Physical presence \nFor purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written residential documentation and at least one additional employer-issued or government-issued document or record that the claimant, for a period of at least 2 years after January 1, 1949, was physically present in an affected area. (g) Disease contraction in affected areas \nFor purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written medical records or reports created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, that the claimant, after such period of physical presence, contracted a specified disease..", "id": "ida6198f4af66d451faec349e7bc8af553", "header": "Claims relating to Manhattan Project waste", "nested": [], "links": [ { "text": "Public Law 101–426", "legal-doc": "public-law", "parsable-cite": "pl/101/426" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" } ] } ], "links": [ { "text": "Public Law 101–426", "legal-doc": "public-law", "parsable-cite": "pl/101/426" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" } ] }, { "text": "5A. Claims relating to Manhattan Project waste \n(a) In general \nA claimant shall receive compensation for a claim made under this Act, as described in subsection (b) or (c), if— (1) a claim for compensation is filed with the Attorney General— (A) by an individual described in paragraph (2); or (B) on behalf of that individual by an authorized agent of that individual, if the individual is deceased or incapacitated, such as— (i) an executor of estate of that individual; or (ii) a legal guardian or conservator of that individual; (2) that individual, or if applicable, an authorized agent of that individual, demonstrates that the individual— (A) was physically present in an affected area for a period of at least 2 years after January 1, 1949; and (B) contracted a specified disease after such period of physical presence; (3) the Attorney General certifies that the identity of that individual, and if applicable, the authorized agent of that individual, is not fraudulent or otherwise misrepresented; and (4) the Attorney General determines that the claimant has satisfied the applicable requirements of this Act. (b) Losses available to living affected individuals \n(1) In general \nIn the event of a claim qualifying for compensation under subsection (a) that is submitted to the Attorney General to be eligible for compensation under this section at a time when the individual described in subsection (a)(2) is living, the amount of compensation under this section shall be in an amount that is the greater of $50,000 or the total amount of compensation for which the individual is eligible under paragraph (2). (2) Losses due to medical expenses \nA claimant described in paragraph (1) shall be eligible to receive, upon submission of contemporaneous written medical records, reports, or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suffered by that claimant, such as any medical expenses not covered, paid for, or reimbursed through— (A) any public or private health insurance; (B) any employee health insurance; (C) any workers’ compensation program; or (D) any other public, private, or employee health program or benefit. (c) Payments to beneficiaries of deceased individuals \nIn the event that an individual described in subsection (a)(2) who qualifies for compensation under subsection (a) is deceased at the time of submission of the claim— (1) a surviving spouse may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the amount of $25,000; or (2) in the event that there is no surviving spouse, the surviving children, minor or otherwise, of the deceased individual may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the total amount of $25,000, paid in equal shares to each surviving child. (d) Affected area \nFor purposes of this section, the term affected area means, in the State of Missouri, the ZIP Codes of 63031, 63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 63044, 63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341, 63368, and 63367. (e) Specified disease \nFor purposes of this section, the term specified disease means any of the following: (1) Any leukemia, other than chronic lymphocytic leukemia, provided that the initial exposure occurred after the age of 20 and the onset of the disease was at least 2 years after first exposure. (2) Any of the following diseases, provided that the onset was at least 2 years after the initial exposure: (A) Multiple myeloma. (B) Lymphoma, other than Hodgkin’s disease. (C) Type 1 or type 2 diabetes. (D) Systemic lupus erythematosus. (E) Multiple sclerosis. (F) Hashimoto’s disease. (G) Primary cancer of the— (i) thyroid; (ii) male or female breast; (iii) esophagus; (iv) stomach; (v) pharynx; (vi) small intestine; (vii) pancreas; (viii) bile ducts; (ix) gall bladder; (x) salivary gland; (xi) urinary bladder; (xii) brain; (xiii) colon; (xiv) ovary; (xv) liver, except if cirrhosis or hepatitis B is indicated; (xvi) lung; (xvii) bone; or (xviii) kidney. (f) Physical presence \nFor purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written residential documentation and at least one additional employer-issued or government-issued document or record that the claimant, for a period of at least 2 years after January 1, 1949, was physically present in an affected area. (g) Disease contraction in affected areas \nFor purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written medical records or reports created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, that the claimant, after such period of physical presence, contracted a specified disease.", "id": "id72bf9562f1b242939d94192f842437d9", "header": "Claims relating to Manhattan Project waste", "nested": [ { "text": "(a) In general \nA claimant shall receive compensation for a claim made under this Act, as described in subsection (b) or (c), if— (1) a claim for compensation is filed with the Attorney General— (A) by an individual described in paragraph (2); or (B) on behalf of that individual by an authorized agent of that individual, if the individual is deceased or incapacitated, such as— (i) an executor of estate of that individual; or (ii) a legal guardian or conservator of that individual; (2) that individual, or if applicable, an authorized agent of that individual, demonstrates that the individual— (A) was physically present in an affected area for a period of at least 2 years after January 1, 1949; and (B) contracted a specified disease after such period of physical presence; (3) the Attorney General certifies that the identity of that individual, and if applicable, the authorized agent of that individual, is not fraudulent or otherwise misrepresented; and (4) the Attorney General determines that the claimant has satisfied the applicable requirements of this Act.", "id": "id1bed1ff2131e41e882e6099e49005287", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Losses available to living affected individuals \n(1) In general \nIn the event of a claim qualifying for compensation under subsection (a) that is submitted to the Attorney General to be eligible for compensation under this section at a time when the individual described in subsection (a)(2) is living, the amount of compensation under this section shall be in an amount that is the greater of $50,000 or the total amount of compensation for which the individual is eligible under paragraph (2). (2) Losses due to medical expenses \nA claimant described in paragraph (1) shall be eligible to receive, upon submission of contemporaneous written medical records, reports, or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suffered by that claimant, such as any medical expenses not covered, paid for, or reimbursed through— (A) any public or private health insurance; (B) any employee health insurance; (C) any workers’ compensation program; or (D) any other public, private, or employee health program or benefit.", "id": "id9bea8152fea943eab364382c509137ed", "header": "Losses available to living affected individuals", "nested": [], "links": [] }, { "text": "(c) Payments to beneficiaries of deceased individuals \nIn the event that an individual described in subsection (a)(2) who qualifies for compensation under subsection (a) is deceased at the time of submission of the claim— (1) a surviving spouse may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the amount of $25,000; or (2) in the event that there is no surviving spouse, the surviving children, minor or otherwise, of the deceased individual may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the total amount of $25,000, paid in equal shares to each surviving child.", "id": "id11a9a02d0d424ec0add1c47751b9fc40", "header": "Payments to beneficiaries of deceased individuals", "nested": [], "links": [] }, { "text": "(d) Affected area \nFor purposes of this section, the term affected area means, in the State of Missouri, the ZIP Codes of 63031, 63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 63044, 63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341, 63368, and 63367.", "id": "idb6129a8bd644461ca3594f0801f488b7", "header": "Affected area", "nested": [], "links": [] }, { "text": "(e) Specified disease \nFor purposes of this section, the term specified disease means any of the following: (1) Any leukemia, other than chronic lymphocytic leukemia, provided that the initial exposure occurred after the age of 20 and the onset of the disease was at least 2 years after first exposure. (2) Any of the following diseases, provided that the onset was at least 2 years after the initial exposure: (A) Multiple myeloma. (B) Lymphoma, other than Hodgkin’s disease. (C) Type 1 or type 2 diabetes. (D) Systemic lupus erythematosus. (E) Multiple sclerosis. (F) Hashimoto’s disease. (G) Primary cancer of the— (i) thyroid; (ii) male or female breast; (iii) esophagus; (iv) stomach; (v) pharynx; (vi) small intestine; (vii) pancreas; (viii) bile ducts; (ix) gall bladder; (x) salivary gland; (xi) urinary bladder; (xii) brain; (xiii) colon; (xiv) ovary; (xv) liver, except if cirrhosis or hepatitis B is indicated; (xvi) lung; (xvii) bone; or (xviii) kidney.", "id": "idfa2518e3862e421c9fb9411ba7f7c55b", "header": "Specified disease", "nested": [], "links": [] }, { "text": "(f) Physical presence \nFor purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written residential documentation and at least one additional employer-issued or government-issued document or record that the claimant, for a period of at least 2 years after January 1, 1949, was physically present in an affected area.", "id": "ide27817ba417f42ba890abc28417fbea2", "header": "Physical presence", "nested": [], "links": [] }, { "text": "(g) Disease contraction in affected areas \nFor purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written medical records or reports created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, that the claimant, after such period of physical presence, contracted a specified disease.", "id": "idfd86ac59fe2940a4bf681c9fff6243cb", "header": "Disease contraction in affected areas", "nested": [], "links": [] } ], "links": [] }, { "text": "1099BB. Short title \nThis part may be cited as the Radiation Exposure Compensation Act Amendments of 2023.", "id": "HCE56A3F50AE24C88BEAD951C96CF2687", "header": "Short title", "nested": [], "links": [] }, { "text": "1099CC. References \nExcept as otherwise specifically provided, whenever in this part an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision of law, the reference shall be considered to be made to a section or other provision of the Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note).", "id": "idba6a2c7a2fde4e3791c3b40715459e0f", "header": "References", "nested": [], "links": [ { "text": "Public Law 101–426", "legal-doc": "public-law", "parsable-cite": "pl/101/426" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" } ] }, { "text": "1099DD. Extension of fund \nSection 3(d) is amended— (1) by striking the first sentence and inserting The Fund shall terminate 19 years after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2023. ; and (2) by striking 2-year and inserting 19-year.", "id": "H8E6EDE9FE05542D5BC3E168789E7A6BA", "header": "Extension of fund", "nested": [], "links": [] }, { "text": "1099EE. Claims relating to atmospheric testing \n(a) Leukemia claims relating to Trinity Test in New Mexico and tests at the Nevada site and in the Pacific \nSection 4(a)(1)(A) is amended— (1) in clause (i)— (A) in subclause (I), by striking October 31, 1958 and inserting November 6, 1962 ; (B) in subclause (II)— (i) by striking in the affected area and inserting in an affected area ; and (ii) by striking or after the semicolon; (C) by redesignating subclause (III) as subclause (V); and (D) by inserting after subclause (II) the following: (III) was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962; (IV) was physically present in an affected area— (aa) for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or (bb) for the period beginning on April 25, 1962, and ending on November 6, 1962; or ; and (2) in clause (ii)(I), by striking physical presence described in subclause (I) or (II) of clause (i) or onsite participation described in clause (i)(III) and inserting physical presence described in subclause (I), (II), (III), or (IV) of clause (i) or onsite participation described in clause (i)(V). (b) Amounts for claims related to leukemia \nSection 4(a)(1) is amended— (1) in subparagraph (A), by striking an amount and inserting the amount ; and (2) by striking subparagraph (B) and inserting the following: (B) Amount \nIf the conditions described in subparagraph (C) are met, an individual who is described in subparagraph (A) shall receive $150,000.. (c) Conditions for claims related to leukemia \nSection 4(a)(1)(C) is amended— (1) by striking clause (i); and (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (d) Specified diseases claims relating to Trinity Test in New Mexico and tests at the Nevada site and in the Pacific \nSection 4(a)(2) is amended— (1) in subparagraph (A)— (A) by striking in the affected area and inserting in an affected area ; (B) by striking 2 years and inserting 1 year ; and (C) by striking October 31, 1958 and inserting November 6, 1962 ; (2) in subparagraph (B)— (A) by striking in the affected area and inserting in an affected area ; and (B) by striking or at the end; (3) by redesignating subparagraph (C) as subparagraph (E); and (4) by inserting after subparagraph (B) the following: (C) was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962; (D) was physically present in an affected area— (i) for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or (ii) for the period beginning on April 25, 1962, and ending on November 6, 1962; or. (e) Amounts for claims related to specified diseases \nSection 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking $50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)), and inserting $150,000. (f) Medical Benefits \nSection 4(a) is amended by adding at the end the following: (5) Medical Benefits \nAn individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384t ).. (g) Downwind States \nSection 4(b)(1) is amended to read as follows: (1) affected area means— (A) except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Guam; (B) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only New Mexico; and (C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only Guam.. (h) Chronic lymphocytic leukemia as a specified disease \nSection 4(b)(2) is amended by striking other than chronic lymphocytic leukemia and inserting including chronic lymphocytic leukemia.", "id": "HB0C12E4B7F63414F86B3B297BCFA56D", "header": "Claims relating to atmospheric testing", "nested": [ { "text": "(a) Leukemia claims relating to Trinity Test in New Mexico and tests at the Nevada site and in the Pacific \nSection 4(a)(1)(A) is amended— (1) in clause (i)— (A) in subclause (I), by striking October 31, 1958 and inserting November 6, 1962 ; (B) in subclause (II)— (i) by striking in the affected area and inserting in an affected area ; and (ii) by striking or after the semicolon; (C) by redesignating subclause (III) as subclause (V); and (D) by inserting after subclause (II) the following: (III) was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962; (IV) was physically present in an affected area— (aa) for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or (bb) for the period beginning on April 25, 1962, and ending on November 6, 1962; or ; and (2) in clause (ii)(I), by striking physical presence described in subclause (I) or (II) of clause (i) or onsite participation described in clause (i)(III) and inserting physical presence described in subclause (I), (II), (III), or (IV) of clause (i) or onsite participation described in clause (i)(V).", "id": "id19FC0311184F4A4DBBE44805E4861840", "header": "Leukemia claims relating to Trinity Test in New Mexico and tests at the Nevada site and in the Pacific", "nested": [], "links": [] }, { "text": "(b) Amounts for claims related to leukemia \nSection 4(a)(1) is amended— (1) in subparagraph (A), by striking an amount and inserting the amount ; and (2) by striking subparagraph (B) and inserting the following: (B) Amount \nIf the conditions described in subparagraph (C) are met, an individual who is described in subparagraph (A) shall receive $150,000..", "id": "HAF2BA007FC284C97B5A0FB57F4AE28DA", "header": "Amounts for claims related to leukemia", "nested": [], "links": [] }, { "text": "(c) Conditions for claims related to leukemia \nSection 4(a)(1)(C) is amended— (1) by striking clause (i); and (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively.", "id": "id626E48BBDF784862A87E5F0450F667FD", "header": "Conditions for claims related to leukemia", "nested": [], "links": [] }, { "text": "(d) Specified diseases claims relating to Trinity Test in New Mexico and tests at the Nevada site and in the Pacific \nSection 4(a)(2) is amended— (1) in subparagraph (A)— (A) by striking in the affected area and inserting in an affected area ; (B) by striking 2 years and inserting 1 year ; and (C) by striking October 31, 1958 and inserting November 6, 1962 ; (2) in subparagraph (B)— (A) by striking in the affected area and inserting in an affected area ; and (B) by striking or at the end; (3) by redesignating subparagraph (C) as subparagraph (E); and (4) by inserting after subparagraph (B) the following: (C) was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962; (D) was physically present in an affected area— (i) for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or (ii) for the period beginning on April 25, 1962, and ending on November 6, 1962; or.", "id": "id3EC86D602A3A4CDAB51A656B25FA637A", "header": "Specified diseases claims relating to Trinity Test in New Mexico and tests at the Nevada site and in the Pacific", "nested": [], "links": [] }, { "text": "(e) Amounts for claims related to specified diseases \nSection 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking $50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)), and inserting $150,000.", "id": "H793A64A7656E4374A287AD11CC697590", "header": "Amounts for claims related to specified diseases", "nested": [], "links": [] }, { "text": "(f) Medical Benefits \nSection 4(a) is amended by adding at the end the following: (5) Medical Benefits \nAn individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384t )..", "id": "HD6677E4A29CE4F73971CC0385D45D0E3", "header": "Medical Benefits", "nested": [], "links": [ { "text": "42 U.S.C. 7384t", "legal-doc": "usc", "parsable-cite": "usc/42/7384t" } ] }, { "text": "(g) Downwind States \nSection 4(b)(1) is amended to read as follows: (1) affected area means— (A) except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Guam; (B) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only New Mexico; and (C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only Guam..", "id": "H44E2C17AF5D040AA8FCD64ED16CF16B6", "header": "Downwind States", "nested": [], "links": [] }, { "text": "(h) Chronic lymphocytic leukemia as a specified disease \nSection 4(b)(2) is amended by striking other than chronic lymphocytic leukemia and inserting including chronic lymphocytic leukemia.", "id": "idA853C144193C41019F364CD646498E94", "header": "Chronic lymphocytic leukemia as a specified disease", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 7384t", "legal-doc": "usc", "parsable-cite": "usc/42/7384t" } ] }, { "text": "1099FF. Claims relating to uranium mining \n(a) Employees of mines and mills \nSection 5(a)(1)(A)(i) is amended— (1) by inserting (I) after (i) ; (2) by striking December 31, 1971; and and inserting December 31, 1990; or ; and (3) by adding at the end the following: (II) was employed as a core driller in a State referred to in subclause (I) during the period described in such subclause; and. (b) Miners \nSection 5(a)(1)(A)(ii)(I) is amended by inserting or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury after nonmalignant respiratory disease. (c) Millers, core drillers, and ore transporters \nSection 5(a)(1)(A)(ii)(II) is amended— (1) by inserting , core driller, after was a miller ; (2) by inserting , or was involved in remediation efforts at such a uranium mine or uranium mill, after ore transporter ; (3) by inserting (I) after clause (i) ; and (4) by striking all that follows nonmalignant respiratory disease and inserting or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or. (d) Combined work histories \nSection 5(a)(1)(A)(ii) is further amended— (1) by striking or at the end of subclause (I); and (2) by adding at the end the following: (III) (aa) does not meet the conditions of subclause (I) or (II); (bb) worked, during the period described in clause (i)(I), in two or more of the following positions: miner, miller, core driller, and ore transporter; (cc) meets the requirements of paragraph (4) or (5), or both; and (dd) submits written medical documentation that the individual developed lung cancer or a nonmalignant respiratory disease or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury after exposure to radiation through work in one or more of the positions referred to in item (bb);. (e) Dates of operation of uranium mine \nSection 5(a)(2)(A) is amended by striking December 31, 1971 and inserting December 31, 1990. (f) Special rules relating to combined work histories \nSection 5(a) is amended by adding at the end the following: (4) Special rule relating to combined work histories for individuals with at least one year of experience \nAn individual meets the requirements of this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I). (5) Special rule relating to combined work histories for miners \nAn individual meets the requirements of this paragraph if the individual, during the period described in paragraph (1)(A)(i)(I), worked as a miner and was exposed to such number of working level months that the Attorney General determines, when combined with the exposure of such individual to radiation through work as a miller, core driller, or ore transporter during the period described in paragraph (1)(A)(i)(I), results in such individual being exposed to a total level of radiation that is greater or equal to the level of exposure of an individual described in paragraph (4).. (g) Definition of Core driller \nSection 5(b) is amended— (1) by striking and at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ; and ; and (3) by adding at the end the following: (9) the term core driller means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium..", "id": "H15EC6E94604849EF880094E09B529C00", "header": "Claims relating to uranium mining", "nested": [ { "text": "(a) Employees of mines and mills \nSection 5(a)(1)(A)(i) is amended— (1) by inserting (I) after (i) ; (2) by striking December 31, 1971; and and inserting December 31, 1990; or ; and (3) by adding at the end the following: (II) was employed as a core driller in a State referred to in subclause (I) during the period described in such subclause; and.", "id": "H6CFE5EA027FC4151AE7EE2F51E661450", "header": "Employees of mines and mills", "nested": [], "links": [] }, { "text": "(b) Miners \nSection 5(a)(1)(A)(ii)(I) is amended by inserting or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury after nonmalignant respiratory disease.", "id": "H00C9E2B60A034815828B081774AB665F", "header": "Miners", "nested": [], "links": [] }, { "text": "(c) Millers, core drillers, and ore transporters \nSection 5(a)(1)(A)(ii)(II) is amended— (1) by inserting , core driller, after was a miller ; (2) by inserting , or was involved in remediation efforts at such a uranium mine or uranium mill, after ore transporter ; (3) by inserting (I) after clause (i) ; and (4) by striking all that follows nonmalignant respiratory disease and inserting or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or.", "id": "HBE027BF3E1F24ABE8F002E15ABD8C201", "header": "Millers, core drillers, and ore transporters", "nested": [], "links": [] }, { "text": "(d) Combined work histories \nSection 5(a)(1)(A)(ii) is further amended— (1) by striking or at the end of subclause (I); and (2) by adding at the end the following: (III) (aa) does not meet the conditions of subclause (I) or (II); (bb) worked, during the period described in clause (i)(I), in two or more of the following positions: miner, miller, core driller, and ore transporter; (cc) meets the requirements of paragraph (4) or (5), or both; and (dd) submits written medical documentation that the individual developed lung cancer or a nonmalignant respiratory disease or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury after exposure to radiation through work in one or more of the positions referred to in item (bb);.", "id": "H0D50512E23BC45A88DBF5F769700E822", "header": "Combined work histories", "nested": [], "links": [] }, { "text": "(e) Dates of operation of uranium mine \nSection 5(a)(2)(A) is amended by striking December 31, 1971 and inserting December 31, 1990.", "id": "H3817516E3A744AE2BFD2115D0217A0FF", "header": "Dates of operation of uranium mine", "nested": [], "links": [] }, { "text": "(f) Special rules relating to combined work histories \nSection 5(a) is amended by adding at the end the following: (4) Special rule relating to combined work histories for individuals with at least one year of experience \nAn individual meets the requirements of this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I). (5) Special rule relating to combined work histories for miners \nAn individual meets the requirements of this paragraph if the individual, during the period described in paragraph (1)(A)(i)(I), worked as a miner and was exposed to such number of working level months that the Attorney General determines, when combined with the exposure of such individual to radiation through work as a miller, core driller, or ore transporter during the period described in paragraph (1)(A)(i)(I), results in such individual being exposed to a total level of radiation that is greater or equal to the level of exposure of an individual described in paragraph (4)..", "id": "H9BDFF1619886428EA744A2585E09169D", "header": "Special rules relating to combined work histories", "nested": [], "links": [] }, { "text": "(g) Definition of Core driller \nSection 5(b) is amended— (1) by striking and at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ; and ; and (3) by adding at the end the following: (9) the term core driller means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium..", "id": "H13D91BEC4982414BBB4923465E5627A2", "header": "Definition of Core driller", "nested": [], "links": [] } ], "links": [] }, { "text": "1099GG. Expansion of use of affidavits in determination of claims; regulations \n(a) Affidavits \nSection 6(b) is amended by adding at the end the following: (3) Affidavits \n(A) Employment History \nFor purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate the employment history of an individual as a miner, miller, core driller, or ore transporter if the affidavit— (i) is provided in addition to other material that may be used to substantiate the employment history of the individual; (ii) attests to the employment history of the individual; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. (B) Physical Presence in Affected Area \nFor purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s physical presence in an affected area during a period described in section 4(a)(1)(A)(i) or section 4(a)(2) if the affidavit— (i) is provided in addition to other material that may be used to substantiate the individual’s presence in an affected area during that time period; (ii) attests to the individual’s presence in an affected area during that period; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. (C) Participation at Testing Site \nFor purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device if the affidavit— (i) is provided in addition to other material that may be used to substantiate the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device; (ii) attests to the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim.. (b) Technical and conforming amendments \nSection 6 is amended— (1) in subsection (b)(2)(C), by striking section 4(a)(2)(C) and inserting section 4(a)(2)(E) ; (2) in subsection (c)(2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4 ; and (ii) in clause (i), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4 ; and (B) in subparagraph (B), by striking section 4(a)(2)(C) and inserting section 4(a)(2)(E) ; and (3) in subsection (e), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4. (c) Regulations \n(1) In general \nSection 6(k) is amended by adding at the end the following: Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 , the Attorney General shall issue revised regulations to carry out this Act.. (2) Considerations in revisions \nIn issuing revised regulations under section 6(k) of the Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note), as amended under paragraph (1), the Attorney General shall ensure that procedures with respect to the submission and processing of claims under such Act take into account and make allowances for the law, tradition, and customs of Indian tribes, including by accepting as a record of proof of physical presence for a claimant a grazing permit, a homesite lease, a record of being a holder of a post office box, a letter from an elected leader of an Indian tribe, or a record of any recognized tribal association or organization.", "id": "H931EBAA8161140329541A02E8B38DF3B", "header": "Expansion of use of affidavits in determination of claims; regulations", "nested": [ { "text": "(a) Affidavits \nSection 6(b) is amended by adding at the end the following: (3) Affidavits \n(A) Employment History \nFor purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate the employment history of an individual as a miner, miller, core driller, or ore transporter if the affidavit— (i) is provided in addition to other material that may be used to substantiate the employment history of the individual; (ii) attests to the employment history of the individual; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. (B) Physical Presence in Affected Area \nFor purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s physical presence in an affected area during a period described in section 4(a)(1)(A)(i) or section 4(a)(2) if the affidavit— (i) is provided in addition to other material that may be used to substantiate the individual’s presence in an affected area during that time period; (ii) attests to the individual’s presence in an affected area during that period; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. (C) Participation at Testing Site \nFor purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device if the affidavit— (i) is provided in addition to other material that may be used to substantiate the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device; (ii) attests to the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim..", "id": "HD3C3E63985604CADBE2DCFE92C4FB630", "header": "Affidavits", "nested": [], "links": [] }, { "text": "(b) Technical and conforming amendments \nSection 6 is amended— (1) in subsection (b)(2)(C), by striking section 4(a)(2)(C) and inserting section 4(a)(2)(E) ; (2) in subsection (c)(2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4 ; and (ii) in clause (i), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4 ; and (B) in subparagraph (B), by striking section 4(a)(2)(C) and inserting section 4(a)(2)(E) ; and (3) in subsection (e), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4.", "id": "id7B5C22E5A8BE469C9AA7E6C65569F4D1", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "Section 6", "legal-doc": "usc", "parsable-cite": "usc/28/6" } ] }, { "text": "(c) Regulations \n(1) In general \nSection 6(k) is amended by adding at the end the following: Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 , the Attorney General shall issue revised regulations to carry out this Act.. (2) Considerations in revisions \nIn issuing revised regulations under section 6(k) of the Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note), as amended under paragraph (1), the Attorney General shall ensure that procedures with respect to the submission and processing of claims under such Act take into account and make allowances for the law, tradition, and customs of Indian tribes, including by accepting as a record of proof of physical presence for a claimant a grazing permit, a homesite lease, a record of being a holder of a post office box, a letter from an elected leader of an Indian tribe, or a record of any recognized tribal association or organization.", "id": "H16CBE7C2A733405E8DE6FF35977D4497", "header": "Regulations", "nested": [], "links": [ { "text": "Section 6(k)", "legal-doc": "usc", "parsable-cite": "usc/28/6" }, { "text": "Public Law 101–426", "legal-doc": "public-law", "parsable-cite": "pl/101/426" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" } ] } ], "links": [ { "text": "Section 6", "legal-doc": "usc", "parsable-cite": "usc/28/6" }, { "text": "Section 6(k)", "legal-doc": "usc", "parsable-cite": "usc/28/6" }, { "text": "Public Law 101–426", "legal-doc": "public-law", "parsable-cite": "pl/101/426" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" } ] }, { "text": "1099HH. Limitation on claims \n(a) Extension of filing time \nSection 8(a) is amended— (1) by striking 2 years and inserting 19 years ; and (2) by striking 2022 and inserting 2023. (b) Resubmittal of claims \nSection 8(b) is amended to read as follows: (b) Resubmittal of claims \n(1) Denied claims \nAfter the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 , any claimant who has been denied compensation under this Act may resubmit a claim for consideration by the Attorney General in accordance with this Act not more than three times. Any resubmittal made before the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2023 shall not be applied to the limitation under the preceding sentence. (2) Previously successful claims \n(A) In general \nAfter the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 , any claimant who received compensation under this Act may submit a request to the Attorney General for additional compensation and benefits. Such request shall contain— (i) the claimant’s name, social security number, and date of birth; (ii) the amount of award received under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 ; (iii) any additional benefits and compensation sought through such request; and (iv) any additional information required by the Attorney General. (B) Additional Compensation \nIf the claimant received compensation under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 and submits a request under subparagraph (A) , the Attorney General shall— (i) pay the claimant the amount that is equal to any excess of— (I) the amount the claimant is eligible to receive under this Act (as amended by the Radiation Exposure Compensation Act Amendments of 2023 ); minus (II) the aggregate amount paid to the claimant under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 ; and (ii) in any case in which the claimant was compensated under section 4, provide the claimant with medical benefits under section 4(a)(5)..", "id": "HD25F3C859E634098AE2D13FB60F13F00", "header": "Limitation on claims", "nested": [ { "text": "(a) Extension of filing time \nSection 8(a) is amended— (1) by striking 2 years and inserting 19 years ; and (2) by striking 2022 and inserting 2023.", "id": "H2E1477C072D0460A83127C2C408698B8", "header": "Extension of filing time", "nested": [], "links": [ { "text": "Section 8(a)", "legal-doc": "usc", "parsable-cite": "usc/28/8" } ] }, { "text": "(b) Resubmittal of claims \nSection 8(b) is amended to read as follows: (b) Resubmittal of claims \n(1) Denied claims \nAfter the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 , any claimant who has been denied compensation under this Act may resubmit a claim for consideration by the Attorney General in accordance with this Act not more than three times. Any resubmittal made before the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2023 shall not be applied to the limitation under the preceding sentence. (2) Previously successful claims \n(A) In general \nAfter the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 , any claimant who received compensation under this Act may submit a request to the Attorney General for additional compensation and benefits. Such request shall contain— (i) the claimant’s name, social security number, and date of birth; (ii) the amount of award received under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 ; (iii) any additional benefits and compensation sought through such request; and (iv) any additional information required by the Attorney General. (B) Additional Compensation \nIf the claimant received compensation under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 and submits a request under subparagraph (A) , the Attorney General shall— (i) pay the claimant the amount that is equal to any excess of— (I) the amount the claimant is eligible to receive under this Act (as amended by the Radiation Exposure Compensation Act Amendments of 2023 ); minus (II) the aggregate amount paid to the claimant under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 ; and (ii) in any case in which the claimant was compensated under section 4, provide the claimant with medical benefits under section 4(a)(5)..", "id": "HECF2BA1839DD4B6581727532F325EECA", "header": "Resubmittal of claims", "nested": [], "links": [ { "text": "Section 8(b)", "legal-doc": "usc", "parsable-cite": "usc/28/8" } ] } ], "links": [ { "text": "Section 8(a)", "legal-doc": "usc", "parsable-cite": "usc/28/8" }, { "text": "Section 8(b)", "legal-doc": "usc", "parsable-cite": "usc/28/8" } ] }, { "text": "1099II. Grant program on epidemiological impacts of uranium mining and milling \n(a) Definitions \nIn this section— (1) the term institution of higher education has the meaning given under section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); (2) the term program means the grant program established under subsection (b); and (3) the term Secretary means the Secretary of Health and Human Services. (b) Establishment \nThe Secretary shall establish a grant program relating to the epidemiological impacts of uranium mining and milling. Grants awarded under the program shall be used for the study of the epidemiological impacts of uranium mining and milling among non-occupationally exposed individuals, including family members of uranium miners and millers. (c) Administration \nThe Secretary shall administer the program through the National Institute of Environmental Health Sciences. (d) Eligibility and application \nAny institution of higher education or nonprofit private entity shall be eligible to apply for a grant. To apply for a grant an eligible institution or entity shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2024 through 2026.", "id": "id0EF091CAB7774C69AA5986CBC2EDE34B", "header": "Grant program on epidemiological impacts of uranium mining and milling", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the term institution of higher education has the meaning given under section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); (2) the term program means the grant program established under subsection (b); and (3) the term Secretary means the Secretary of Health and Human Services.", "id": "id3B113F64B07F4A1C89375BE750E3B41F", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "(b) Establishment \nThe Secretary shall establish a grant program relating to the epidemiological impacts of uranium mining and milling. Grants awarded under the program shall be used for the study of the epidemiological impacts of uranium mining and milling among non-occupationally exposed individuals, including family members of uranium miners and millers.", "id": "idEA781614BBCC4516869CA6D55941FD70", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Administration \nThe Secretary shall administer the program through the National Institute of Environmental Health Sciences.", "id": "id56ABAF4037644732A7386068BC37B215", "header": "Administration", "nested": [], "links": [] }, { "text": "(d) Eligibility and application \nAny institution of higher education or nonprofit private entity shall be eligible to apply for a grant. To apply for a grant an eligible institution or entity shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.", "id": "idAACBA58742634E5391846827AAE40C5B", "header": "Eligibility and application", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2024 through 2026.", "id": "ID8F61DCA28AD140DFBD3B7672EC07DCC0", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "1099JJ. Energy Employees Occupational Illness Compensation Program \n(a) Covered employees with cancer \nSection 3621(9) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l(9) ) is amended by striking subparagraph (A) and inserting the following: (A) An individual with a specified cancer who is a member of the Special Exposure Cohort, if and only if— (i) that individual contracted that specified cancer after beginning employment at a Department of Energy facility (in the case of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons employee); or (ii) that individual— (I) contracted that specified cancer after beginning employment in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, or any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act; and (II) was employed in a uranium mine or uranium mill described under subclause (I) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) at any time during the period beginning on January 1, 1942, and ending on December 31, 1990.. (b) Members of Special Exposure Cohort \nSection 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384q ) is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) The Advisory Board on Radiation and Worker Health under section 3624 shall advise the President whether there is a class of employees— (A) at any Department of Energy facility who likely were exposed to radiation at that facility but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received; and (B) employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990, who likely were exposed to radiation at that mine or mill but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received. ; and (2) by striking subsection (b) and inserting the following: (b) Designation of additional members \n(1) Subject to the provisions of section 3621(14)(C), the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer facility, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that— (A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and (B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class. (2) Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that— (A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and (B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class..", "id": "id5A5141F3481743E98769E7F3F7FE71C2", "header": "Energy Employees Occupational Illness Compensation Program", "nested": [ { "text": "(a) Covered employees with cancer \nSection 3621(9) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l(9) ) is amended by striking subparagraph (A) and inserting the following: (A) An individual with a specified cancer who is a member of the Special Exposure Cohort, if and only if— (i) that individual contracted that specified cancer after beginning employment at a Department of Energy facility (in the case of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons employee); or (ii) that individual— (I) contracted that specified cancer after beginning employment in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, or any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act; and (II) was employed in a uranium mine or uranium mill described under subclause (I) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) at any time during the period beginning on January 1, 1942, and ending on December 31, 1990..", "id": "id90DB4DAC99F041E6B47374C3F70658ED", "header": "Covered employees with cancer", "nested": [], "links": [ { "text": "42 U.S.C. 7384l(9)", "legal-doc": "usc", "parsable-cite": "usc/42/7384l" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" } ] }, { "text": "(b) Members of Special Exposure Cohort \nSection 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384q ) is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) The Advisory Board on Radiation and Worker Health under section 3624 shall advise the President whether there is a class of employees— (A) at any Department of Energy facility who likely were exposed to radiation at that facility but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received; and (B) employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990, who likely were exposed to radiation at that mine or mill but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received. ; and (2) by striking subsection (b) and inserting the following: (b) Designation of additional members \n(1) Subject to the provisions of section 3621(14)(C), the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer facility, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that— (A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and (B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class. (2) Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that— (A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and (B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class..", "id": "idAAECEE5D56614139878A0102E61EC215", "header": "Members of Special Exposure Cohort", "nested": [], "links": [ { "text": "42 U.S.C. 7384q", "legal-doc": "usc", "parsable-cite": "usc/42/7384q" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" } ] } ], "links": [ { "text": "42 U.S.C. 7384l(9)", "legal-doc": "usc", "parsable-cite": "usc/42/7384l" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 7384q", "legal-doc": "usc", "parsable-cite": "usc/42/7384q" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" } ] }, { "text": "1099AAA. Crypto asset anti-money laundering examination standards \nNot later than 2 years after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Conference of State Bank Supervisors and Federal functional regulators, as defined in section 1010.100 of title 31, Code of Federal Regulations, shall establish a risk-focused examination and review process for financial institutions, as defined in that section, to assess the following relating to crypto assets, as determined by the Secretary: (1) The adequacy of reporting obligations and anti-money laundering programs under subsections (g) and (h) of section 5318 of title 31, United States Code, respectively as applied to those institutions. (2) Compliance of those institutions with anti-money laundering and countering the financing of terrorism requirements under subchapter II of chapter 53 of title 31, United States Code.", "id": "id811cdb792d6946bbbfdbd2c452ec03b9", "header": "Crypto asset anti-money laundering examination standards", "nested": [], "links": [ { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/53" } ] }, { "text": "1099BBB. Combating anonymous crypto asset transactions \nNot later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall submit a report and provide a briefing, as determined by the Secretary, to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that assess the following issues: (1) Categories of anonymity-enhancing technologies or services used in connection with crypto assets, such as mixers and tumblers, in use as of the date on which the report is submitted. (2) As data are available, estimates of the magnitude of transactions related to the categories in paragraph (1) that are believed to be connected, directly or indirectly, to illicit finance, including crypto asset transaction volumes associated with sanctioned entities and entities subject to special measures pursuant to section 5318A of title 31, United States Code, and a description of any limitations applicable to the data used in such estimates. (3) Categories of privacy-enhancing technologies or services used in connection with crypto assets in use as of the date on which the report is submitted. (4) Legislative and regulatory approaches employed by other jurisdictions relating to the technologies and services described in paragraphs (1) and (3). (5) Recommendations for legislation or regulation relating to the technologies and services described in paragraphs (1) and (3).", "id": "idbf97124004ae48119f4ae507e295265f", "header": "Combating anonymous crypto asset transactions", "nested": [], "links": [] }, { "text": "1099AAAA. Short title \nThis subtitle may be cited as the Combating Cartels on Social Media Act of 2023.", "id": "idf54522ab07e842d096e25dbffdcfd408", "header": "Short title", "nested": [], "links": [] }, { "text": "1099BBBB. Definitions \nIn this subtitle: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate; and (B) the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives. (2) Covered operator \nThe term covered operator means the operator, developer, or publisher of a covered service. (3) Covered service \nThe term covered service means— (A) a social media platform; (B) a mobile or desktop service with direct or group messaging capabilities, but not including text messaging services without other substantial social functionalities or electronic mail services, that the Secretary of Homeland Security determines is being or has been used by transnational criminal organizations in connection with matters described in section 1093; and (C) a digital platform, or an electronic application utilizing the digital platform, involving real-time interactive communication between multiple individuals, including multi-player gaming services and immersive technology platforms or applications, that the Secretary of Homeland Security determines is being or has been used by transnational criminal organizations in connection with matters described in section 1093. (4) Criminal enterprise \nThe term criminal enterprise has the meaning given the term continuing criminal enterprise in section 408 of the Controlled Substances Act ( 21 U.S.C. 848 ). (5) Illicit activities \nThe term illicit activities means the following criminal activities that transcend national borders: (A) A violation of section 401 of the Controlled Substances Act ( 21 U.S.C. 841 ). (B) Narcotics trafficking, as defined in section 808 of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1907 ). (C) Trafficking of weapons, as defined in section 922 of title 18, United States Code. (D) Migrant smuggling, defined as a violation of section 274(a)(1)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(A)(ii) ). (E) Human trafficking, defined as— (i) a violation of section 1590, 1591, or 1592 of title 18, United States Code; or (ii) engaging in severe forms of trafficking in persons, as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7102 ). (F) Cyber crime, defined as a violation of section 1030 of title 18, United States Code. (G) A violation of any provision that is subject to intellectual property enforcement, as defined in section 302 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 ( 15 U.S.C. 8112 ). (H) Bulk cash smuggling of currency, defined as a violation of section 5332 of title 31, United States Code. (I) Laundering the proceeds of the criminal activities described in subparagraphs (A) through (H). (6) Transnational criminal organization \nThe term transnational criminal organization means groups, networks, and associated individuals who operate transnationally for the purposes of obtaining power, influence, or monetary or commercial gain, wholly or in part by certain illegal means, while advancing their activities through a pattern of crime, corruption, or violence, and while protecting their illegal activities through a transnational organizational structure and the exploitation of public corruption or transnational logistics, financial, or communication mechanisms.", "id": "id157dcbcaac404a4799d8cd711e0002be", "header": "Definitions", "nested": [], "links": [ { "text": "21 U.S.C. 848", "legal-doc": "usc", "parsable-cite": "usc/21/848" }, { "text": "21 U.S.C. 841", "legal-doc": "usc", "parsable-cite": "usc/21/841" }, { "text": "21 U.S.C. 1907", "legal-doc": "usc", "parsable-cite": "usc/21/1907" }, { "text": "8 U.S.C. 1324(a)(1)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/8/1324" }, { "text": "22 U.S.C. 7102", "legal-doc": "usc", "parsable-cite": "usc/22/7102" }, { "text": "15 U.S.C. 8112", "legal-doc": "usc", "parsable-cite": "usc/15/8112" } ] }, { "text": "1099CCCC. Assessment of illicit usage \nNot later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint assessment describing— (1) the use of covered services by transnational criminal organizations, or criminal enterprises acting on behalf of transnational criminal organizations, to engage in recruitment efforts, including the recruitment of individuals, including individuals under the age of 18, located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States; (2) the use of covered services by transnational criminal organizations to engage in illicit activities or conduct in support of illicit activities, including— (A) smuggling or trafficking involving narcotics, other controlled substances, precursors thereof, or other items prohibited under the laws of the United States, Mexico, or another relevant jurisdiction, including firearms; (B) human smuggling or trafficking, including the exploitation of children; and (C) transportation of bulk currency or monetary instruments in furtherance of smuggling activity; and (3) the existing efforts of the Secretary of Homeland Security, the Secretary of State, and relevant government and law enforcement entities to counter, monitor, or otherwise respond to the usage of covered services described in paragraphs (1) and (2).", "id": "idf0b085c5d4174feebf3cd2c6d3595b58", "header": "Assessment of illicit usage", "nested": [], "links": [] }, { "text": "1099DDDD. Strategy to combat cartel recruitment on social media and online platforms \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint strategy, to be known as the National Strategy to Combat Illicit Recruitment Activity by Transnational Criminal Organizations on Social Media and Online Platforms, to combat the use of covered services by transnational criminal organizations, or criminal enterprises acting on behalf of transnational criminal organizations, to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States. (b) Elements \n(1) In general \nThe strategy required under subsection (a) shall, at a minimum, include the following: (A) A proposal to improve cooperation and thereafter maintain cooperation between the Secretary of Homeland Security, the Secretary of State, and relevant law enforcement entities with respect to the matters described in subsection (a). (B) Recommendations to implement a process for the voluntary reporting of information regarding the recruitment efforts of transnational criminal organizations in the United States involving covered services. (C) A proposal to improve intragovernmental coordination with respect to the matters described in subsection (a), including between the Department of Homeland Security, the Department of State, and State, Tribal, and local governments. (D) A proposal to improve coordination within the Department of Homeland Security and the Department of State and between the components of those Departments with respect to the matters described in subsection (a). (E) Activities to facilitate increased intelligence analysis for law enforcement purposes of efforts of transnational criminal organizations to utilize covered services for recruitment to engage in or provide support with respect to illicit activities. (F) Activities to foster international partnerships and enhance collaboration with foreign governments and, as applicable, multilateral institutions with respect to the matters described in subsection (a). (G) Activities to specifically increase engagement and outreach with youth in border communities, including regarding the recruitment tactics of transnational criminal organizations and the consequences of participation in illicit activities. (H) A detailed description of the measures used to ensure— (i) law enforcement and intelligence activities focus on the recruitment activities of transitional criminal organizations not individuals the transnational criminal organizations attempt to or successfully recruit; and (ii) the privacy rights, civil rights, and civil liberties protections in carrying out the activities described in clause (i), with a particular focus on the protections in place to protect minors and constitutionally protected activities. (2) Limitation \nThe strategy required under subsection (a) shall not include legislative recommendations or elements predicated on the passage of legislation that is not enacted as of the date on which the strategy is submitted under subsection (a). (c) Consultation \nIn drafting and implementing the strategy required under subsection (a), the Secretary of Homeland Security and the Secretary of State shall, at a minimum, consult and engage with— (1) the heads of relevant components of the Department of Homeland Security, including— (A) the Under Secretary for Intelligence and Analysis; (B) the Under Secretary for Strategy, Policy, and Plans; (C) the Under Secretary for Science and Technology; (D) the Commissioner of U.S. Customs and Border Protection; (E) the Director of U.S. Immigration and Customs Enforcement; (F) the Officer for Civil Rights and Civil Liberties; (G) the Privacy Officer; and (H) the Assistant Secretary of the Office for State and Local Law Enforcement; (2) the heads of relevant components of the Department of State, including— (A) the Assistant Secretary for International Narcotics and Law Enforcement Affairs; (B) the Assistant Secretary for Western Hemisphere Affairs; and (C) the Coordinator of the Global Engagement Center; (3) the Attorney General; (4) the Secretary of Health and Human Services; and (5) the Secretary of Education; and (6) as selected by the Secretary of Homeland Security, or his or her designee in the Office of Public Engagement, representatives of border communities, including representatives of— (A) State, Tribal, and local governments, including school districts and local law enforcement; and (B) nongovernmental experts in the fields of— (i) civil rights and civil liberties; (ii) online privacy; (iii) humanitarian assistance for migrants; and (iv) youth outreach and rehabilitation. (d) Implementation \n(1) In general \nNot later than 90 days after the date on which the strategy required under subsection (a) is submitted to the appropriate congressional committees, the Secretary of Homeland Security and the Secretary of State shall commence implementation of the strategy. (2) Report \n(A) In general \nNot later than 180 days after the date on which the strategy required under subsection (a) is implemented under paragraph (1), and semiannually thereafter for 5 years, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint report describing the efforts of the Secretary of Homeland Security and the Secretary of State to implement the strategy required under subsection (a) and the progress of those efforts, which shall include a description of— (i) the recommendations, and corresponding implementation of those recommendations, with respect to the matters described in subsection (b)(1)(B); (ii) the interagency posture with respect to the matters covered by the strategy required under subsection (a), which shall include a description of collaboration between the Secretary of Homeland Security, the Secretary of State, other Federal entities, State, local, and Tribal entities, and foreign governments; and (iii) the threat landscape, including new developments related to the United States recruitment efforts of transnational criminal organizations and the use by those organizations of new or emergent covered services and recruitment methods. (B) Form \nEach report required under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex. (3) Civil rights, civil liberties, and privacy assessment \nNot later than 2 years after the date on which the strategy required under subsection (a) is implemented under paragraph (1), the Office for Civil Rights and Civil Liberties and the Privacy Office of the Department of Homeland Security shall submit to the appropriate congressional committees a joint report that includes— (A) a detailed assessment of the measures used to ensure the protection of civil rights, civil liberties, and privacy rights in carrying out this section; and (B) recommendations to improve the implementation of the strategy required under subsection (a). (4) Rulemaking \nPrior to implementation of the strategy required under subsection (a) at the Department of Homeland Security, the Secretary of Homeland Security shall issue rules to carry out this section in accordance with section 553 of title 5, United States Code.", "id": "idc1eed61fed62479cbc13485b8f03bc9a", "header": "Strategy to combat cartel recruitment on social media and online platforms", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint strategy, to be known as the National Strategy to Combat Illicit Recruitment Activity by Transnational Criminal Organizations on Social Media and Online Platforms, to combat the use of covered services by transnational criminal organizations, or criminal enterprises acting on behalf of transnational criminal organizations, to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States.", "id": "id415b02d03ce64240b44be6d15480f53e", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \n(1) In general \nThe strategy required under subsection (a) shall, at a minimum, include the following: (A) A proposal to improve cooperation and thereafter maintain cooperation between the Secretary of Homeland Security, the Secretary of State, and relevant law enforcement entities with respect to the matters described in subsection (a). (B) Recommendations to implement a process for the voluntary reporting of information regarding the recruitment efforts of transnational criminal organizations in the United States involving covered services. (C) A proposal to improve intragovernmental coordination with respect to the matters described in subsection (a), including between the Department of Homeland Security, the Department of State, and State, Tribal, and local governments. (D) A proposal to improve coordination within the Department of Homeland Security and the Department of State and between the components of those Departments with respect to the matters described in subsection (a). (E) Activities to facilitate increased intelligence analysis for law enforcement purposes of efforts of transnational criminal organizations to utilize covered services for recruitment to engage in or provide support with respect to illicit activities. (F) Activities to foster international partnerships and enhance collaboration with foreign governments and, as applicable, multilateral institutions with respect to the matters described in subsection (a). (G) Activities to specifically increase engagement and outreach with youth in border communities, including regarding the recruitment tactics of transnational criminal organizations and the consequences of participation in illicit activities. (H) A detailed description of the measures used to ensure— (i) law enforcement and intelligence activities focus on the recruitment activities of transitional criminal organizations not individuals the transnational criminal organizations attempt to or successfully recruit; and (ii) the privacy rights, civil rights, and civil liberties protections in carrying out the activities described in clause (i), with a particular focus on the protections in place to protect minors and constitutionally protected activities. (2) Limitation \nThe strategy required under subsection (a) shall not include legislative recommendations or elements predicated on the passage of legislation that is not enacted as of the date on which the strategy is submitted under subsection (a).", "id": "id5d5b371c21004aaeab876bce2d08351f", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Consultation \nIn drafting and implementing the strategy required under subsection (a), the Secretary of Homeland Security and the Secretary of State shall, at a minimum, consult and engage with— (1) the heads of relevant components of the Department of Homeland Security, including— (A) the Under Secretary for Intelligence and Analysis; (B) the Under Secretary for Strategy, Policy, and Plans; (C) the Under Secretary for Science and Technology; (D) the Commissioner of U.S. Customs and Border Protection; (E) the Director of U.S. Immigration and Customs Enforcement; (F) the Officer for Civil Rights and Civil Liberties; (G) the Privacy Officer; and (H) the Assistant Secretary of the Office for State and Local Law Enforcement; (2) the heads of relevant components of the Department of State, including— (A) the Assistant Secretary for International Narcotics and Law Enforcement Affairs; (B) the Assistant Secretary for Western Hemisphere Affairs; and (C) the Coordinator of the Global Engagement Center; (3) the Attorney General; (4) the Secretary of Health and Human Services; and (5) the Secretary of Education; and (6) as selected by the Secretary of Homeland Security, or his or her designee in the Office of Public Engagement, representatives of border communities, including representatives of— (A) State, Tribal, and local governments, including school districts and local law enforcement; and (B) nongovernmental experts in the fields of— (i) civil rights and civil liberties; (ii) online privacy; (iii) humanitarian assistance for migrants; and (iv) youth outreach and rehabilitation.", "id": "id5c03a7446ae44999a4e2aef63307014b", "header": "Consultation", "nested": [], "links": [] }, { "text": "(d) Implementation \n(1) In general \nNot later than 90 days after the date on which the strategy required under subsection (a) is submitted to the appropriate congressional committees, the Secretary of Homeland Security and the Secretary of State shall commence implementation of the strategy. (2) Report \n(A) In general \nNot later than 180 days after the date on which the strategy required under subsection (a) is implemented under paragraph (1), and semiannually thereafter for 5 years, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint report describing the efforts of the Secretary of Homeland Security and the Secretary of State to implement the strategy required under subsection (a) and the progress of those efforts, which shall include a description of— (i) the recommendations, and corresponding implementation of those recommendations, with respect to the matters described in subsection (b)(1)(B); (ii) the interagency posture with respect to the matters covered by the strategy required under subsection (a), which shall include a description of collaboration between the Secretary of Homeland Security, the Secretary of State, other Federal entities, State, local, and Tribal entities, and foreign governments; and (iii) the threat landscape, including new developments related to the United States recruitment efforts of transnational criminal organizations and the use by those organizations of new or emergent covered services and recruitment methods. (B) Form \nEach report required under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex. (3) Civil rights, civil liberties, and privacy assessment \nNot later than 2 years after the date on which the strategy required under subsection (a) is implemented under paragraph (1), the Office for Civil Rights and Civil Liberties and the Privacy Office of the Department of Homeland Security shall submit to the appropriate congressional committees a joint report that includes— (A) a detailed assessment of the measures used to ensure the protection of civil rights, civil liberties, and privacy rights in carrying out this section; and (B) recommendations to improve the implementation of the strategy required under subsection (a). (4) Rulemaking \nPrior to implementation of the strategy required under subsection (a) at the Department of Homeland Security, the Secretary of Homeland Security shall issue rules to carry out this section in accordance with section 553 of title 5, United States Code.", "id": "id38f349e6c1284c38ae09c7c54039f78a", "header": "Implementation", "nested": [], "links": [] } ], "links": [] }, { "text": "1099EEEE. Rule of construction \nNothing in this subtitle shall be construed to expand the statutory law enforcement or regulatory authority of the Department of Homeland Security or the Department of State.", "id": "id8158c89653464a59b2064df04e961657", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "1099FFFF. No additional funds \nNo additional funds are authorized to be appropriated for the purpose of carrying out this subtitle.", "id": "id7076f5385028418890ca42667daf46eb", "header": "No additional funds", "nested": [], "links": [] }, { "text": "1101. Short title; table of contents \n(a) Short title \nThis title may be cited as the Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment or the CONVENE Act of 2023. (b) Table of contents \nThe table of contents for this title is as follows: TITLE XI—Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment Sec. 1101. Short title; table of contents. Sec. 1102. Definitions. Sec. 1103. National security councils of specified countries.", "id": "id803d7aec643945da87b6db8367197af1", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis title may be cited as the Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment or the CONVENE Act of 2023.", "id": "idC4AB221EF06241C3872B7DF5AC07F6EA", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this title is as follows: TITLE XI—Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment Sec. 1101. Short title; table of contents. Sec. 1102. Definitions. Sec. 1103. National security councils of specified countries.", "id": "id08AE4363EA1B45DC828E33194902AE46", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "1102. Definitions \nIn this title: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (B) the Committees on Foreign Affairs and the Committee on Armed Services of the House of Representatives. (2) Congressional defense committees \nThe term congressional defense committees has the meaning given such term in section 101(a) of title 10, United States Code. (3) National security council \nThe term national security council means, with respect to a specified country, an intergovernmental body under the jurisdiction of the freely elected government of the specified country that acts as the primary coordinating entity for security cooperation, disaster response, and the activities described section 6103(f). (4) Specified country \nThe term specified country means— (A) the Federated States of Micronesia; (B) the Republic of the Marshall Islands; and (C) the Republic of Palau.", "id": "id055FB48521D54B3BBD4EB9CD09903382", "header": "Definitions", "nested": [], "links": [] }, { "text": "1103. National security councils of specified countries \n(a) In general \nThe Secretary of State, in consultation with other relevant Federal departments and agencies, as appropriate, may consult and engage with each specified country to advise and provide assistance to a national security council (including by developing a national security council, if appropriate), or to identify a similar coordinating body for national security matters, comprised of citizens of the specified country— (1) that enables the specified country— (A) to better coordinate with the United States Government, including the Armed Forces, as appropriate; (B) to increase cohesion on activities, including emergency humanitarian response, law enforcement, and maritime security activities; and (C) to provide trained professionals to serve as members of the committees of the specified country established under the applicable Compact of Free Association; and (2) for the purpose of enhancing resilience capabilities and protecting the people, infrastructure, and territory of the specified country from malign actions. (b) Composition \nThe Secretary of State, respecting the unique needs of each specified country, may seek to ensure that the national security council, or other identified coordinating body, of the specified country is composed of sufficient staff and members to enable the activities described in subsection (f). (c) Access to sensitive information \nThe Secretary of State, with the concurrence of the Director of National Intelligence, may establish, as appropriate, for use by the members and staff of the national security council, or other identified coordinating body, of each specified country standards and a process for vetting and sharing sensitive information. (d) Standards for equipment and services \nThe Secretary of State may work with the national security council, or other identified coordinating body, of each specified country to ensure that— (1) the equipment and services used by the national security council or other identified coordinating body are compliant with security standards so as to minimize the risk of cyberattacks or espionage; (2) the national security council or other identified coordinating body takes all reasonable efforts not to procure or use systems, equipment, or software that originates from any entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3965; 10 U.S.C. 113 note); and (3) to the extent practicable, the equipment and services used by the national security council or other identified coordinating body are interoperable with the equipment and services used by the national security councils, or other identified coordinating bodies, of the other specified countries. (e) Report on implementation \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for two years, the Secretary of State shall submit to the appropriate committees of Congress a report that includes— (A) an assessment as to whether a national security council or a similar formal coordinating body is helping or would help achieve the objectives described in subsection (a) at acceptable financial and opportunity cost; (B) a description of all actions taken by the United States Government to assist in the identification or maintenance of a national security council, or other identified coordinating body, in each specified country; (C) with respect to each specified country, an assessment as to whether— (i) the specified country has appropriately staffed its national security council or other identified coordinating body; and (ii) the extent to which the national security council, or other identified coordinating body, of the specified country is capable of carrying out the activities described in subsection (f); (D) an assessment of— (i) any challenge to cooperation and coordination with the national security council, or other identified coordinating body, of any specified country; (ii) current efforts by the Secretary of State to coordinate with the specified countries on the activities described in subsection (f); and (iii) existing governmental entities within each specified country that are capable of supporting such activities; (E) a description of any challenge with respect to— (i) the implementation of the national security council, or other identified coordinating body, of any specified country; and (ii) the implementation of subsections (a) through (d); (F) an assessment of any attempt or campaign by a malign actor to influence the political, security, or economic policy of a specified country, a member of a national security council or other identified coordinating body, or an immediate family member of such a member; and (G) any other matter the Secretary of State considers relevant. (2) Form \nEach report required by paragraph (1) may be submitted in unclassified form and may include a classified annex. (f) Activities described \nThe activities described in this subsection are the following: (1) Homeland security activities \n(A) Coordination of— (i) the prosecution and investigation of transnational criminal enterprises; (ii) responses to national emergencies, such as natural disasters; (iii) counterintelligence and counter-coercion responses to foreign threats; and (iv) efforts to combat illegal, unreported, or unregulated fishing. (B) Coordination with United States Government officials on humanitarian response, military exercises, law enforcement, and other issues of security concern. (C) Identification and development of an existing governmental entity to support homeland defense and civil support activities.", "id": "id54d2abfe449f49c79bdd959a972fce77", "header": "National security councils of specified countries", "nested": [ { "text": "(a) In general \nThe Secretary of State, in consultation with other relevant Federal departments and agencies, as appropriate, may consult and engage with each specified country to advise and provide assistance to a national security council (including by developing a national security council, if appropriate), or to identify a similar coordinating body for national security matters, comprised of citizens of the specified country— (1) that enables the specified country— (A) to better coordinate with the United States Government, including the Armed Forces, as appropriate; (B) to increase cohesion on activities, including emergency humanitarian response, law enforcement, and maritime security activities; and (C) to provide trained professionals to serve as members of the committees of the specified country established under the applicable Compact of Free Association; and (2) for the purpose of enhancing resilience capabilities and protecting the people, infrastructure, and territory of the specified country from malign actions.", "id": "id03138c9fe6074a9898651980ce16ffc7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Composition \nThe Secretary of State, respecting the unique needs of each specified country, may seek to ensure that the national security council, or other identified coordinating body, of the specified country is composed of sufficient staff and members to enable the activities described in subsection (f).", "id": "id6fe010c233864852b40b142feb681ba7", "header": "Composition", "nested": [], "links": [] }, { "text": "(c) Access to sensitive information \nThe Secretary of State, with the concurrence of the Director of National Intelligence, may establish, as appropriate, for use by the members and staff of the national security council, or other identified coordinating body, of each specified country standards and a process for vetting and sharing sensitive information.", "id": "id2b835e40de9141c1860836d592235134", "header": "Access to sensitive information", "nested": [], "links": [] }, { "text": "(d) Standards for equipment and services \nThe Secretary of State may work with the national security council, or other identified coordinating body, of each specified country to ensure that— (1) the equipment and services used by the national security council or other identified coordinating body are compliant with security standards so as to minimize the risk of cyberattacks or espionage; (2) the national security council or other identified coordinating body takes all reasonable efforts not to procure or use systems, equipment, or software that originates from any entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3965; 10 U.S.C. 113 note); and (3) to the extent practicable, the equipment and services used by the national security council or other identified coordinating body are interoperable with the equipment and services used by the national security councils, or other identified coordinating bodies, of the other specified countries.", "id": "idd5458c37c63645638bc955fb8b821a6c", "header": "Standards for equipment and services", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 113", "legal-doc": "usc", "parsable-cite": "usc/10/113" } ] }, { "text": "(e) Report on implementation \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for two years, the Secretary of State shall submit to the appropriate committees of Congress a report that includes— (A) an assessment as to whether a national security council or a similar formal coordinating body is helping or would help achieve the objectives described in subsection (a) at acceptable financial and opportunity cost; (B) a description of all actions taken by the United States Government to assist in the identification or maintenance of a national security council, or other identified coordinating body, in each specified country; (C) with respect to each specified country, an assessment as to whether— (i) the specified country has appropriately staffed its national security council or other identified coordinating body; and (ii) the extent to which the national security council, or other identified coordinating body, of the specified country is capable of carrying out the activities described in subsection (f); (D) an assessment of— (i) any challenge to cooperation and coordination with the national security council, or other identified coordinating body, of any specified country; (ii) current efforts by the Secretary of State to coordinate with the specified countries on the activities described in subsection (f); and (iii) existing governmental entities within each specified country that are capable of supporting such activities; (E) a description of any challenge with respect to— (i) the implementation of the national security council, or other identified coordinating body, of any specified country; and (ii) the implementation of subsections (a) through (d); (F) an assessment of any attempt or campaign by a malign actor to influence the political, security, or economic policy of a specified country, a member of a national security council or other identified coordinating body, or an immediate family member of such a member; and (G) any other matter the Secretary of State considers relevant. (2) Form \nEach report required by paragraph (1) may be submitted in unclassified form and may include a classified annex.", "id": "ide549623ddd1d44f18e343090b57b75fd", "header": "Report on implementation", "nested": [], "links": [] }, { "text": "(f) Activities described \nThe activities described in this subsection are the following: (1) Homeland security activities \n(A) Coordination of— (i) the prosecution and investigation of transnational criminal enterprises; (ii) responses to national emergencies, such as natural disasters; (iii) counterintelligence and counter-coercion responses to foreign threats; and (iv) efforts to combat illegal, unreported, or unregulated fishing. (B) Coordination with United States Government officials on humanitarian response, military exercises, law enforcement, and other issues of security concern. (C) Identification and development of an existing governmental entity to support homeland defense and civil support activities.", "id": "id95020ea2fd0f4778869a8246b9de4a3c", "header": "Activities described", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 113", "legal-doc": "usc", "parsable-cite": "usc/10/113" } ] }, { "text": "1201. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas \nSubsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4615), as most recently amended by section 1102 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is further amended by striking through 2023 and inserting through 2024.", "id": "id2a0bd933d4504338a6ad2fdb0c408636", "header": "One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas", "nested": [], "links": [ { "text": "Public Law 110–417", "legal-doc": "public-law", "parsable-cite": "pl/110/417" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1202. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone \nParagraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 ( Public Law 109–234 ; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4616) and as most recently amended by section 1103 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is further amended by striking 2024 and inserting 2025.", "id": "id23364b0304804d9594a87f56a29da395", "header": "One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone", "nested": [], "links": [ { "text": "Public Law 109–234", "legal-doc": "public-law", "parsable-cite": "pl/109/234" }, { "text": "Public Law 110–417", "legal-doc": "public-law", "parsable-cite": "pl/110/417" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1203. Exclusion of positions in nonappropriated fund instrumentalities from limitations on dual pay \nSection 5531(2) of title 5, United States Code, is amended by striking Government corporation and and inserting Government corporation, but excluding.", "id": "idEEDB4AA678B344F39BF7B7E2CC2E387B", "header": "Exclusion of positions in nonappropriated fund instrumentalities from limitations on dual pay", "nested": [], "links": [] }, { "text": "1204. Exception to limitation on number of Senior Executive Service positions for the Department of Defense \nSection 1109(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2449; 5 U.S.C. 3133 note) is amended by adding at the end the following new paragraph: (3) Exception \nThe limitation under this subsection shall not apply to positions described in this subsection that are fully funded through amounts appropriated to an agency other than the Department of Defense..", "id": "id1F2E0B99A1CF4EF3AEF5EF3B6680C643", "header": "Exception to limitation on number of Senior Executive Service positions for the Department of Defense", "nested": [], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "5 U.S.C. 3133", "legal-doc": "usc", "parsable-cite": "usc/5/3133" } ] }, { "text": "1205. Removal of Washington Headquarters Services direct support from personnel limitation on the Office of the Secretary of Defense \nSection 143(b) of title 10, United States Code, is amended by striking “(including Direct Support Activities of that Office and the Washington Headquarters Services of the Department of Defense)”.", "id": "IDcdd03e8b59634295a1f0fe826e05b3f4", "header": "Removal of Washington Headquarters Services direct support from personnel limitation on the Office of the Secretary of Defense", "nested": [], "links": [] }, { "text": "1206. Consolidation of direct hire authorities for candidates with specified degrees at science and technology reinvention laboratories \nSection 4091 of title 10, United States Code, is amended— (1) in subsection (a)(1), by striking bachelor’s degree and inserting bachelor’s or advanced degree ; (2) in subsection (c)— (A) in the subsection heading, by striking calendar year and inserting fiscal year ; (B) in the matter preceding paragraph (1), by striking calendar year and inserting fiscal year ; (C) in paragraph (1), by striking 6 percent and inserting 11 percent ; and (D) in paragraphs (1), (2), and (3), by striking the fiscal year last ending before the start of such calendar year and inserting the preceding fiscal year ; (3) by striking subsection (f); and (4) by redesignating subsection (g) as subsection (f).", "id": "ida2cd4084a6804c8d83eb43167f8f9555", "header": "Consolidation of direct hire authorities for candidates with specified degrees at science and technology reinvention laboratories", "nested": [], "links": [] }, { "text": "1207. Expansion and extension of direct hire authority for certain personnel of the Department of Defense \nSection 9905 of title 5, United States Code, is amended— (1) in subsection (a), by adding at the end the following new paragraphs: (12) Any position in support of aircraft operations for which the Secretary determines there is a critical hiring need and shortage of candidates. (13) Any position in support of the safety of the public, law enforcement, or first response for which the Secretary determines there is a critical hiring need and shortage of candidates. (14) Any position in support of the Office of the Inspector General of the Department relating to oversight of the conflict in Ukraine for which the Secretary determines there is a critical hiring need and shortage of candidates. ; and (2) in subsection (b)(1), by striking September 30, 2025 and inserting September 30, 2030.", "id": "idd49aa1fdc27045b29b064848c9a9274c", "header": "Expansion and extension of direct hire authority for certain personnel of the Department of Defense", "nested": [], "links": [] }, { "text": "1208. Extension of direct hire authority for the Department of Defense for post-secondary students and recent graduates \nSection 1106(d) of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 note prec.) is amended by striking September 30, 2025 and inserting September 30, 2030.", "id": "id07330432D31C4DDF8870495725B04B61", "header": "Extension of direct hire authority for the Department of Defense for post-secondary students and recent graduates", "nested": [], "links": [ { "text": "10 U.S.C. 1580", "legal-doc": "usc", "parsable-cite": "usc/10/1580" } ] }, { "text": "1209. Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base \nSection 1125(a) of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 note prec.; Public Law 114–328 ) is amended by striking through 2025, and inserting through 2028,.", "id": "id14F9C77969604E59966F198AC17DCE2F", "header": "Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base", "nested": [], "links": [ { "text": "10 U.S.C. 1580", "legal-doc": "usc", "parsable-cite": "usc/10/1580" }, { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" } ] }, { "text": "1210. Authority to employ civilian faculty members at Space Force schools \n(a) In general \nSection 9371 of title 10, United States Code, is amended— (1) in the section heading, by inserting and Space Delta 13 after Air University (2) in subsection (a), by inserting or of the Space Delta 13 after Air University ; and (3) in subsection (c)— (A) in paragraphs (1), by inserting or of the Space Delta 13 after Air University ; and (B) in paragraph (2), by inserting or of the Space Delta 13 after Air University. (b) Clerical amendment \nThe table of sections at the beginning of chapter 947 of such title is amended by striking the item relating to section 9371 and inserting the following new item: 9371. Air University and Space Delta 13: civilian faculty members..", "id": "id132BFF73D4794B8BA3F4EFE2CC1A3E87", "header": "Authority to employ civilian faculty members at Space Force schools", "nested": [ { "text": "(a) In general \nSection 9371 of title 10, United States Code, is amended— (1) in the section heading, by inserting and Space Delta 13 after Air University (2) in subsection (a), by inserting or of the Space Delta 13 after Air University ; and (3) in subsection (c)— (A) in paragraphs (1), by inserting or of the Space Delta 13 after Air University ; and (B) in paragraph (2), by inserting or of the Space Delta 13 after Air University.", "id": "idD19D1F75F2864170887C2AE8C6D72AFC", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of chapter 947 of such title is amended by striking the item relating to section 9371 and inserting the following new item: 9371. Air University and Space Delta 13: civilian faculty members..", "id": "id07104D8FE93C41D5BB8F0B525ABE3B2C", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "1211. Report and sunset relating to inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Management \nSection 1109 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 5 U.S.C. 3393 note) is amended— (1) in subsection (d)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking paragraph (3) and inserting paragraph (4) ; (B) in paragraph (2), in the matter preceding subparagraph (A), by striking paragraph (3) and inserting paragraph (4) ; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph (3): (3) Additional report \nNot later than December 1, 2024, the Secretary shall submit to the committees of Congress specified in paragraph (4) and the Comptroller General of the United States a report on the use of the authority provided in this section. The report shall include the following: (A) The number and type of appointments made under this section between August 13, 2018, and the date of the report. (B) Data on and an assessment of whether appointments under the authority in this section reduced the time to hire when compared with the time to hire under the review system of the Office of Personnel Management in use as of the date of the report. (C) An assessment of the utility of the appointment authority and process under this section. (D) An assessment of whether the appointments made under this section resulted in higher quality new executives for the Senior Executive Service of the Department when compared with the executives produced in the Department under the review system in use between August 13, 2013, and August 13, 2018. (E) Any recommendation for the improvement of the selection and qualification process for the Senior Executive Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive Service. ; and (2) in subsection (e), by striking August 13, 2023 and inserting September 30, 2025.", "id": "id514341E17E4245F6A00DE3A5CCF80B0C", "header": "Report and sunset relating to inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Management", "nested": [], "links": [ { "text": "5 U.S.C. 3393", "legal-doc": "usc", "parsable-cite": "usc/5/3393" } ] }, { "text": "1212. Extension of date of first employment for acquisition of competitive status for employees of Inspectors General for overseas contingency operations \nSection 419(d)(5)(B) of title 5, United States Code, is amended by striking 2 years and inserting 5 years.", "id": "id5E7690E81AB34F26912FA828DD514C7A", "header": "Extension of date of first employment for acquisition of competitive status for employees of Inspectors General for overseas contingency operations", "nested": [], "links": [] }, { "text": "1213. Expansion of noncompetitive appointment eligibility to spouses of Department of Defense civilians \n(a) In general \nSection 3330d of title 5, United States Code, is amended— (1) in the section heading, by inserting and Department of Defense civilian after military ; (2) in subsection (a), by adding at the end the following: (4) The term spouse of an employee of the Department of Defense means an individual who is married to an employee of the Department of Defense who is transferred in the interest of the Government from one official station within the Department to another within the Department (that is outside of normal commuting distance) for permanent duty. ; and (3) in subsection (b)— (A) in paragraph (1), by striking or at the end; (B) in paragraph (2), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (3) a spouse of an employee of the Department of Defense.. (b) Technical and conforming amendment \nThe table of sections for subchapter I of chapter 33 of title 5, United States Code, is amended by striking the item relating to section 3330d and inserting the following: 3330d. Appointment of military and Department of Defense civilian spouses.. (c) OPM limitation and reports \n(1) Relocating spouses \nWith respect to the noncompetitive appointment of a relocating spouse of an employee of the Department of Defense under paragraph (3) of section 3330d(b) of title 5, United States Code, as added by subsection (a), the Director of the Office of Personnel Management shall— (A) monitor the number of those appointments; (B) require the head of each agency with the authority to make those appointments under that provision to submit to the Director an annual report on those appointments, including information on the number of individuals so appointed, the types of positions filled, and the effectiveness of the authority for those appointments; and (C) not later than 18 months after the date of enactment of this Act, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the use and effectiveness of the authority described in subparagraph (B). (2) Non-relocating spouses \nWith respect to the noncompetitive appointment of a spouse of an employee of the Department of Defense other than a relocating spouse described in paragraph (1), the Director of the Office of Personnel Management— (A) shall treat the spouse as a relocating spouse under paragraph (1); and (B) may limit the number of those appointments. (d) Sunset \nEffective on December 31, 2028— (1) the authority provided by this section, and the amendments made by this section, shall expire; and (2) the provisions of section 3330d of title 5, United States Code, amended or repealed by this section are restored or revived as if this section had not been enacted.", "id": "idCDE4C805EFD54DBD8E20DAAEADF73E2B", "header": "Expansion of noncompetitive appointment eligibility to spouses of Department of Defense civilians", "nested": [ { "text": "(a) In general \nSection 3330d of title 5, United States Code, is amended— (1) in the section heading, by inserting and Department of Defense civilian after military ; (2) in subsection (a), by adding at the end the following: (4) The term spouse of an employee of the Department of Defense means an individual who is married to an employee of the Department of Defense who is transferred in the interest of the Government from one official station within the Department to another within the Department (that is outside of normal commuting distance) for permanent duty. ; and (3) in subsection (b)— (A) in paragraph (1), by striking or at the end; (B) in paragraph (2), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (3) a spouse of an employee of the Department of Defense..", "id": "id781a7b7575e24d03860b72e46dc31292", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Technical and conforming amendment \nThe table of sections for subchapter I of chapter 33 of title 5, United States Code, is amended by striking the item relating to section 3330d and inserting the following: 3330d. Appointment of military and Department of Defense civilian spouses..", "id": "id016483ce3bda43e0b63268729557d242", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/33" } ] }, { "text": "(c) OPM limitation and reports \n(1) Relocating spouses \nWith respect to the noncompetitive appointment of a relocating spouse of an employee of the Department of Defense under paragraph (3) of section 3330d(b) of title 5, United States Code, as added by subsection (a), the Director of the Office of Personnel Management shall— (A) monitor the number of those appointments; (B) require the head of each agency with the authority to make those appointments under that provision to submit to the Director an annual report on those appointments, including information on the number of individuals so appointed, the types of positions filled, and the effectiveness of the authority for those appointments; and (C) not later than 18 months after the date of enactment of this Act, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the use and effectiveness of the authority described in subparagraph (B). (2) Non-relocating spouses \nWith respect to the noncompetitive appointment of a spouse of an employee of the Department of Defense other than a relocating spouse described in paragraph (1), the Director of the Office of Personnel Management— (A) shall treat the spouse as a relocating spouse under paragraph (1); and (B) may limit the number of those appointments.", "id": "ide5450f0004584349a4cdf042a367dec9", "header": "OPM limitation and reports", "nested": [], "links": [] }, { "text": "(d) Sunset \nEffective on December 31, 2028— (1) the authority provided by this section, and the amendments made by this section, shall expire; and (2) the provisions of section 3330d of title 5, United States Code, amended or repealed by this section are restored or revived as if this section had not been enacted.", "id": "id7649c065436f4a2aabb3120cca762063", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/33" } ] }, { "text": "1214. Elimination of Government Accountability Office review requirement relating to Department of Defense personnel authorities \nSection 9902(h) of title 5, United States Code, is amended— (1) in paragraph (1)(B), by striking and the Comptroller General, ; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2).", "id": "id912385B6DB5E4FEF836C8E2FC47417DD", "header": "Elimination of Government Accountability Office review requirement relating to Department of Defense personnel authorities", "nested": [], "links": [] }, { "text": "1215. Amendments to the John S. McCain Strategic Defense Fellows Program \n(a) Selection of participants \nSubsection (d)(2) of section 932 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 1580 note prec.; Public Law 115–232 ) is amended to read as follows: (2) Geographical representation \nOut of the total number of individuals selected to participate in the fellows program in any year, not more than 20 percent may be from any of the following geographic regions: (A) The Northeast United States. (B) The Southeast United States. (C) The Midwest United States. (D) The Southwest United States. (E) The Western United States. (F) Alaska, Hawaii, United States territories, and areas outside the United States.. (b) Appointment and career development \nSuch section is further amended— (1) in subsection (d)(3)— (A) by striking assigned and inserting appointed ; and (B) by striking assignment and inserting appointment ; and (2) by amending subsections (e) and (f) to read as follows: (e) Appointment during participation in fellows program \n(1) In general \nThe Secretary of Defense shall appoint each individual who participates in the fellows program to an excepted service position in an element of the Department. (2) Placement opportunities \nEach year, the head of each element of the Department shall submit to the Secretary an identification of placement opportunities for participants in the fellows program. Such placement opportunities shall provide for leadership development and potential commencement of a career track toward a position of senior leadership in the Department. (3) Qualification requirements \nThe Secretary, in coordination with the heads of elements of the Department, shall establish qualification requirements for the appointment of participants under paragraph (1). (4) Matching qualifications, skills, and requirements \nIn making appointments under paragraph (1), the Secretary shall seek to best match the qualifications and skills of the participants with the requirements for positions available for appointment. (5) Term \nThe term of each appointment under the fellows program shall be one year, but the Secretary may extend a term of appointment up to one additional year. (6) Grade \nThe Secretary shall appoint an individual under paragraph (1) to a position at the level of GS–10, GS–11, or GS–12 of the General Schedule based on the directly related qualifications, skills, and professional experience of the individual. (7) Education loan repayment \nTo the extent that funds are provided in advance in appropriations Acts, the Secretary may repay a loan of a participant in the fellows program if the loan is described by subparagraph (A), (B), or (C) of section 16301(a)(1) of title 10, United States Code. Any repayment of a loan under this paragraph may require a minimum service agreement, as determined by the Secretary. (8) Element of the Department defined \nIn this subsection, the term element of the Department means an element of the Department specified in section 111(b) of title 10, United States Code. (f) Career development \n(1) In general \nThe Secretary of Defense shall ensure that participants in the fellows program— (A) receive career development opportunities and support appropriate for the commencement of a career track within the Department leading toward a future position of senior leadership within the Department, including ongoing mentorship support through appropriate personnel from entities within the Department; and (B) are provided appropriate employment opportunities for excepted service positions in the Department upon successful completion of the fellows program. (2) Publication of selection \nThe Secretary shall publish, on an internet website of the Department available to the public, the names of the individuals selected to participate in the fellows program..", "id": "idFE8650BF177B4011AF5FD611347E8792", "header": "Amendments to the John S. McCain Strategic Defense Fellows Program", "nested": [ { "text": "(a) Selection of participants \nSubsection (d)(2) of section 932 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 1580 note prec.; Public Law 115–232 ) is amended to read as follows: (2) Geographical representation \nOut of the total number of individuals selected to participate in the fellows program in any year, not more than 20 percent may be from any of the following geographic regions: (A) The Northeast United States. (B) The Southeast United States. (C) The Midwest United States. (D) The Southwest United States. (E) The Western United States. (F) Alaska, Hawaii, United States territories, and areas outside the United States..", "id": "id734e1520c84e47b6b2904937839c90de", "header": "Selection of participants", "nested": [], "links": [ { "text": "10 U.S.C. 1580", "legal-doc": "usc", "parsable-cite": "usc/10/1580" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "(b) Appointment and career development \nSuch section is further amended— (1) in subsection (d)(3)— (A) by striking assigned and inserting appointed ; and (B) by striking assignment and inserting appointment ; and (2) by amending subsections (e) and (f) to read as follows: (e) Appointment during participation in fellows program \n(1) In general \nThe Secretary of Defense shall appoint each individual who participates in the fellows program to an excepted service position in an element of the Department. (2) Placement opportunities \nEach year, the head of each element of the Department shall submit to the Secretary an identification of placement opportunities for participants in the fellows program. Such placement opportunities shall provide for leadership development and potential commencement of a career track toward a position of senior leadership in the Department. (3) Qualification requirements \nThe Secretary, in coordination with the heads of elements of the Department, shall establish qualification requirements for the appointment of participants under paragraph (1). (4) Matching qualifications, skills, and requirements \nIn making appointments under paragraph (1), the Secretary shall seek to best match the qualifications and skills of the participants with the requirements for positions available for appointment. (5) Term \nThe term of each appointment under the fellows program shall be one year, but the Secretary may extend a term of appointment up to one additional year. (6) Grade \nThe Secretary shall appoint an individual under paragraph (1) to a position at the level of GS–10, GS–11, or GS–12 of the General Schedule based on the directly related qualifications, skills, and professional experience of the individual. (7) Education loan repayment \nTo the extent that funds are provided in advance in appropriations Acts, the Secretary may repay a loan of a participant in the fellows program if the loan is described by subparagraph (A), (B), or (C) of section 16301(a)(1) of title 10, United States Code. Any repayment of a loan under this paragraph may require a minimum service agreement, as determined by the Secretary. (8) Element of the Department defined \nIn this subsection, the term element of the Department means an element of the Department specified in section 111(b) of title 10, United States Code. (f) Career development \n(1) In general \nThe Secretary of Defense shall ensure that participants in the fellows program— (A) receive career development opportunities and support appropriate for the commencement of a career track within the Department leading toward a future position of senior leadership within the Department, including ongoing mentorship support through appropriate personnel from entities within the Department; and (B) are provided appropriate employment opportunities for excepted service positions in the Department upon successful completion of the fellows program. (2) Publication of selection \nThe Secretary shall publish, on an internet website of the Department available to the public, the names of the individuals selected to participate in the fellows program..", "id": "id6e165d1d3e784d6fa0a1ea9206fa7b8f", "header": "Appointment and career development", "nested": [], "links": [] } ], "links": [ { "text": "10 U.S.C. 1580", "legal-doc": "usc", "parsable-cite": "usc/10/1580" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "1216. Civilian Cybersecurity Reserve pilot project \n(a) Definition \nIn this section, the term temporary position means a position in the competitive or excepted service for a period of 180 days or less. (b) Pilot project \n(1) In general \nThe Secretary of the Army shall carry out a pilot project to establish a Civilian Cybersecurity Reserve. (2) Purpose \nThe purpose of the Civilian Cybersecurity Reserve is to enable the Army to provide manpower to the United States Cyber Command to effectively— (A) preempt, defeat, deter, or respond to malicious cyber activity; (B) conduct cyberspace operations; (C) secure information and systems of the Department of Defense against malicious cyber activity; and (D) assist in solving cyber workforce-related challenges. (3) Hiring authority \nIn carrying out this section, the Secretary may use any authority otherwise available to the Secretary for the recruitment, employment, and retention of civilian personnel within the Department, including authority under section 1599f of title 10, United States Code. (4) Employment protections \nThe Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of individuals appointed under this section, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38, United States Code. (5) Status in reserve \nDuring the period beginning on the date on which an individual is recruited to serve in the Civilian Cybersecurity Reserve and ending on the date on which the individual is appointed under this section, and during any period in between any such appointments, the individual shall not be considered a Federal employee. (c) Eligibility; application and selection \n(1) In general \nUnder the pilot project required under subsection (b)(1), the Secretary of the Army shall establish criteria for— (A) individuals to be eligible for the Civilian Cybersecurity Reserve; and (B) the application and selection processes for the Civilian Cybersecurity Reserve. (2) Requirements for individuals \nThe criteria established under paragraph (1)(A) with respect to an individual shall include— (A) if the individual has previously served as a member of the Civilian Cybersecurity Reserve, that the previous appointment ended not less than 60 days before the individual may be appointed for a subsequent temporary position in the Civilian Cybersecurity Reserve; and (B) cybersecurity expertise. (3) Prescreening \nThe Secretary shall— (A) conduct a prescreening of each individual prior to appointment under this section for any topic or product that would create a conflict of interest; and (B) require each individual appointed under this section to notify the Secretary if a potential conflict of interest arises during the appointment. (4) Agreement required \nAn individual may become a member of the Civilian Cybersecurity Reserve only if the individual enters into an agreement with the Secretary to become such a member, which shall set forth the rights and obligations of the individual and the Army. (5) Exception for continuing military service commitments \nA member of the Selected Reserve under section 10143 of title 10, United States Code, may not be a member of the Civilian Cybersecurity Reserve. (6) Prohibition \nAny individual who is an employee of the executive branch may not be recruited or appointed to serve in the Civilian Cybersecurity Reserve. (d) Security clearances \n(1) In general \nThe Secretary of the Army shall ensure that all members of the Civilian Cybersecurity Reserve undergo the appropriate personnel vetting and adjudication commensurate with the duties of the position, including a determination of eligibility for access to classified information where a security clearance is necessary, according to applicable policy and authorities. (2) Cost of sponsoring clearances \nIf a member of the Civilian Cybersecurity Reserve requires a security clearance in order to carry out the duties of the member, the Army shall be responsible for the cost of sponsoring the security clearance of the member. (e) Implementation plan \n(1) In general \nNot later than 180 days after the date on which the Secretary of Defense submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the report required under section 1540(d)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) on the feasibility and advisability of creating and maintaining a civilian cybersecurity reserve corps, the Secretary of the Army shall— (A) submit to the congressional defense committees an implementation plan for the pilot project required under subsection (b)(1); and (B) provide to the congressional defense committees a briefing on the implementation plan. (2) Prohibition \nThe Secretary of the Army may not take any action to begin implementation of the pilot project required under subsection (b)(1) until the Secretary fulfills the requirements under paragraph (1). (f) Project guidance \nNot later than two years after the date of the enactment of this Act, the Secretary of the Army shall, in consultation with the Office of Personnel Management and the Office of Government Ethics, issue guidance establishing and implementing the pilot project required under subsection (b)(1). (g) Briefings and report \n(1) Briefings \nNot later than one year after the date on which the guidance required under subsection (f) is issued, and every year thereafter until the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary of the Army shall provide to the congressional defense committees a briefing on activities carried out under the pilot project, including— (A) participation in the Civilian Cybersecurity Reserve, including the number of participants, the diversity of participants, and any barriers to recruitment or retention of members; (B) an evaluation of the ethical requirements of the pilot project; (C) whether the Civilian Cybersecurity Reserve has been effective in providing additional capacity to the Army; and (D) an evaluation of the eligibility requirements for the pilot project. (2) Report \nNot earlier than 180 days and not later than 90 days before the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary shall submit to the congressional defense committees a report and provide a briefing on recommendations relating to the pilot project, including recommendations for— (A) whether the pilot project should be modified, extended in duration, or established as a permanent program, and if so, an appropriate scope for the program; (B) how to attract participants, ensure a diversity of participants, and address any barriers to recruitment or retention of members of the Civilian Cybersecurity Reserve; (C) the ethical requirements of the pilot project and the effectiveness of mitigation efforts to address any conflict of interest concerns; and (D) an evaluation of the eligibility requirements for the pilot project. (h) Evaluation \nNot later than three years after the pilot project required under subsection (b)(1) is established, the Comptroller General of the United States shall— (1) conduct a study evaluating the pilot project; and (2) submit to Congress— (A) a report on the results of the study; and (B) a recommendation with respect to whether the pilot project should be modified. (i) Sunset \nThe pilot project required under subsection (b)(1) shall terminate on the date that is four years after the date on which the pilot project is established.", "id": "iddf9300f36a424555b2ca45c6508d18a1", "header": "Civilian Cybersecurity Reserve pilot project", "nested": [ { "text": "(a) Definition \nIn this section, the term temporary position means a position in the competitive or excepted service for a period of 180 days or less.", "id": "id9629880f1cde4fdf89da671969deec0e", "header": "Definition", "nested": [], "links": [] }, { "text": "(b) Pilot project \n(1) In general \nThe Secretary of the Army shall carry out a pilot project to establish a Civilian Cybersecurity Reserve. (2) Purpose \nThe purpose of the Civilian Cybersecurity Reserve is to enable the Army to provide manpower to the United States Cyber Command to effectively— (A) preempt, defeat, deter, or respond to malicious cyber activity; (B) conduct cyberspace operations; (C) secure information and systems of the Department of Defense against malicious cyber activity; and (D) assist in solving cyber workforce-related challenges. (3) Hiring authority \nIn carrying out this section, the Secretary may use any authority otherwise available to the Secretary for the recruitment, employment, and retention of civilian personnel within the Department, including authority under section 1599f of title 10, United States Code. (4) Employment protections \nThe Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of individuals appointed under this section, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38, United States Code. (5) Status in reserve \nDuring the period beginning on the date on which an individual is recruited to serve in the Civilian Cybersecurity Reserve and ending on the date on which the individual is appointed under this section, and during any period in between any such appointments, the individual shall not be considered a Federal employee.", "id": "id6d382610ad7e444ba8f0297e7df157ef", "header": "Pilot project", "nested": [], "links": [ { "text": "chapter 43", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/43" } ] }, { "text": "(c) Eligibility; application and selection \n(1) In general \nUnder the pilot project required under subsection (b)(1), the Secretary of the Army shall establish criteria for— (A) individuals to be eligible for the Civilian Cybersecurity Reserve; and (B) the application and selection processes for the Civilian Cybersecurity Reserve. (2) Requirements for individuals \nThe criteria established under paragraph (1)(A) with respect to an individual shall include— (A) if the individual has previously served as a member of the Civilian Cybersecurity Reserve, that the previous appointment ended not less than 60 days before the individual may be appointed for a subsequent temporary position in the Civilian Cybersecurity Reserve; and (B) cybersecurity expertise. (3) Prescreening \nThe Secretary shall— (A) conduct a prescreening of each individual prior to appointment under this section for any topic or product that would create a conflict of interest; and (B) require each individual appointed under this section to notify the Secretary if a potential conflict of interest arises during the appointment. (4) Agreement required \nAn individual may become a member of the Civilian Cybersecurity Reserve only if the individual enters into an agreement with the Secretary to become such a member, which shall set forth the rights and obligations of the individual and the Army. (5) Exception for continuing military service commitments \nA member of the Selected Reserve under section 10143 of title 10, United States Code, may not be a member of the Civilian Cybersecurity Reserve. (6) Prohibition \nAny individual who is an employee of the executive branch may not be recruited or appointed to serve in the Civilian Cybersecurity Reserve.", "id": "idc29389cf075c496798c66caebb86396d", "header": "Eligibility; application and selection", "nested": [], "links": [] }, { "text": "(d) Security clearances \n(1) In general \nThe Secretary of the Army shall ensure that all members of the Civilian Cybersecurity Reserve undergo the appropriate personnel vetting and adjudication commensurate with the duties of the position, including a determination of eligibility for access to classified information where a security clearance is necessary, according to applicable policy and authorities. (2) Cost of sponsoring clearances \nIf a member of the Civilian Cybersecurity Reserve requires a security clearance in order to carry out the duties of the member, the Army shall be responsible for the cost of sponsoring the security clearance of the member.", "id": "ide411413270234c1eba9c435e88736c75", "header": "Security clearances", "nested": [], "links": [] }, { "text": "(e) Implementation plan \n(1) In general \nNot later than 180 days after the date on which the Secretary of Defense submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the report required under section 1540(d)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) on the feasibility and advisability of creating and maintaining a civilian cybersecurity reserve corps, the Secretary of the Army shall— (A) submit to the congressional defense committees an implementation plan for the pilot project required under subsection (b)(1); and (B) provide to the congressional defense committees a briefing on the implementation plan. (2) Prohibition \nThe Secretary of the Army may not take any action to begin implementation of the pilot project required under subsection (b)(1) until the Secretary fulfills the requirements under paragraph (1).", "id": "id47DFBF50819E42F88D2B52AF28DF6E89", "header": "Implementation plan", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(f) Project guidance \nNot later than two years after the date of the enactment of this Act, the Secretary of the Army shall, in consultation with the Office of Personnel Management and the Office of Government Ethics, issue guidance establishing and implementing the pilot project required under subsection (b)(1).", "id": "id21b720c38f044ba6af2f572c4b5481b6", "header": "Project guidance", "nested": [], "links": [] }, { "text": "(g) Briefings and report \n(1) Briefings \nNot later than one year after the date on which the guidance required under subsection (f) is issued, and every year thereafter until the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary of the Army shall provide to the congressional defense committees a briefing on activities carried out under the pilot project, including— (A) participation in the Civilian Cybersecurity Reserve, including the number of participants, the diversity of participants, and any barriers to recruitment or retention of members; (B) an evaluation of the ethical requirements of the pilot project; (C) whether the Civilian Cybersecurity Reserve has been effective in providing additional capacity to the Army; and (D) an evaluation of the eligibility requirements for the pilot project. (2) Report \nNot earlier than 180 days and not later than 90 days before the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary shall submit to the congressional defense committees a report and provide a briefing on recommendations relating to the pilot project, including recommendations for— (A) whether the pilot project should be modified, extended in duration, or established as a permanent program, and if so, an appropriate scope for the program; (B) how to attract participants, ensure a diversity of participants, and address any barriers to recruitment or retention of members of the Civilian Cybersecurity Reserve; (C) the ethical requirements of the pilot project and the effectiveness of mitigation efforts to address any conflict of interest concerns; and (D) an evaluation of the eligibility requirements for the pilot project.", "id": "id7EC2E4E7748F4C99847846600A5013FD", "header": "Briefings and report", "nested": [], "links": [] }, { "text": "(h) Evaluation \nNot later than three years after the pilot project required under subsection (b)(1) is established, the Comptroller General of the United States shall— (1) conduct a study evaluating the pilot project; and (2) submit to Congress— (A) a report on the results of the study; and (B) a recommendation with respect to whether the pilot project should be modified.", "id": "id2e37b6100f68449cad2ff9ae2b99f1d6", "header": "Evaluation", "nested": [], "links": [] }, { "text": "(i) Sunset \nThe pilot project required under subsection (b)(1) shall terminate on the date that is four years after the date on which the pilot project is established.", "id": "idF21D35E887894A178E1FA9A814616B6B", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "chapter 43", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/43" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1301. Middle East integrated maritime domain awareness and interdiction capability \n(a) In general \nThe Secretary of Defense, using existing authorities, shall seek to build upon the incorporation of Israel into the area of responsibility of the United States Central Command to develop a Middle East integrated maritime domain awareness and interdiction capability for the purpose of protecting the people, infrastructure, and territory of such countries from— (1) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (2) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways within the area of responsibility of the United States Naval Forces Central Command. (b) Strategy \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a strategy for the cooperation described in subsection (a). (2) Matters to be included \nThe strategy required by paragraph (1) shall include the following: (A) An assessment of the threats posed to ally or partner countries in the Middle East by— (i) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (ii) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways within the area of responsibility of the United States Naval Forces Central Command. (B) A description of existing multilateral maritime partnerships currently led by the United States Naval Forces Central Command, including the Combined Maritime Forces (including its associated Task Forces 150, 151, 152, and 153), the International Maritime Security Construct, and the Navy's Task Force 59, and a discussion of the role of such partnerships in building an integrated maritime security capability. (C) A description of progress made in advancing the integration of Israel into the existing multilateral maritime partnerships described in subparagraph (B). (D) A description of efforts among countries in the Middle East to coordinate intelligence, reconnaissance, and surveillance capabilities and indicators and warnings with respect to the threats described in subparagraph (A), and a description of any impediment to optimizing such efforts. (E) A description of the current Department of Defense systems that, in coordination with ally and partner countries in the Middle East— (i) provide awareness of and defend against such threats; and (ii) address current capability gaps. (F) An explanation of the manner in which an integrated maritime domain awareness and interdiction architecture would improve collective security in the Middle East. (G) A description of existing and planned efforts to engage ally and partner countries in the Middle East in establishing such an architecture. (H) An identification of the elements of such an architecture that may be acquired and operated by ally and partner countries in the Middle East, and a list of such elements for each such ally and partner. (I) An identification of the elements of such an architecture that may only be provided and operated by members of the United States Armed Forces. (J) An identification of any challenge to optimizing such an architecture in the Middle East. (K) An assessment of progress and key challenges in the implementation of the strategy required by paragraph (1) using the metrics identified in accordance with paragraph (3). (L) Recommendations for improvements in the implementation of such strategy based on such metrics. (M) An assessment of any capabilities or lessons from the Navy’s Task Force 59 that may be leveraged to support an integrated maritime domain awareness and interdiction capability in the Middle East. (N) Any other matter the Secretary of Defense considers relevant. (3) Metrics \nThe Secretary of Defense shall identify metrics to assess progress in the implementation of the strategy required by paragraph (1). (4) Format \nThe strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (c) Feasibility study \n(1) In general \nThe Secretary of Defense shall conduct a study on the feasibility and advisability of establishing an integrated maritime domain awareness and interdiction capability to protect the people, infrastructure, and territory of ally and partner countries in the Middle East from— (A) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (B) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways of the Middle East. (2) Elements \nThe study required by paragraph (1) shall include— (A) an assessment of funds that could be contributed by ally and partner countries of the United States; and (B) a cost estimate of establishing such an integrated maritime domain awareness and interdiction capability. (3) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the results of the study conducted under paragraph (1). (d) Protection of sensitive information \nAny activity carried out under this section shall be conducted in a manner that appropriately protects sensitive information and the national security interests of the United States. (e) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.", "id": "idae52c5e21034411f843c33637337ed98", "header": "Middle East integrated maritime domain awareness and interdiction capability", "nested": [ { "text": "(a) In general \nThe Secretary of Defense, using existing authorities, shall seek to build upon the incorporation of Israel into the area of responsibility of the United States Central Command to develop a Middle East integrated maritime domain awareness and interdiction capability for the purpose of protecting the people, infrastructure, and territory of such countries from— (1) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (2) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways within the area of responsibility of the United States Naval Forces Central Command.", "id": "idf5009fce892142cab074d3aeecf9c4b8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Strategy \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a strategy for the cooperation described in subsection (a). (2) Matters to be included \nThe strategy required by paragraph (1) shall include the following: (A) An assessment of the threats posed to ally or partner countries in the Middle East by— (i) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (ii) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways within the area of responsibility of the United States Naval Forces Central Command. (B) A description of existing multilateral maritime partnerships currently led by the United States Naval Forces Central Command, including the Combined Maritime Forces (including its associated Task Forces 150, 151, 152, and 153), the International Maritime Security Construct, and the Navy's Task Force 59, and a discussion of the role of such partnerships in building an integrated maritime security capability. (C) A description of progress made in advancing the integration of Israel into the existing multilateral maritime partnerships described in subparagraph (B). (D) A description of efforts among countries in the Middle East to coordinate intelligence, reconnaissance, and surveillance capabilities and indicators and warnings with respect to the threats described in subparagraph (A), and a description of any impediment to optimizing such efforts. (E) A description of the current Department of Defense systems that, in coordination with ally and partner countries in the Middle East— (i) provide awareness of and defend against such threats; and (ii) address current capability gaps. (F) An explanation of the manner in which an integrated maritime domain awareness and interdiction architecture would improve collective security in the Middle East. (G) A description of existing and planned efforts to engage ally and partner countries in the Middle East in establishing such an architecture. (H) An identification of the elements of such an architecture that may be acquired and operated by ally and partner countries in the Middle East, and a list of such elements for each such ally and partner. (I) An identification of the elements of such an architecture that may only be provided and operated by members of the United States Armed Forces. (J) An identification of any challenge to optimizing such an architecture in the Middle East. (K) An assessment of progress and key challenges in the implementation of the strategy required by paragraph (1) using the metrics identified in accordance with paragraph (3). (L) Recommendations for improvements in the implementation of such strategy based on such metrics. (M) An assessment of any capabilities or lessons from the Navy’s Task Force 59 that may be leveraged to support an integrated maritime domain awareness and interdiction capability in the Middle East. (N) Any other matter the Secretary of Defense considers relevant. (3) Metrics \nThe Secretary of Defense shall identify metrics to assess progress in the implementation of the strategy required by paragraph (1). (4) Format \nThe strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.", "id": "id1cbec98e26db40b5841fdd91362c9f02", "header": "Strategy", "nested": [], "links": [] }, { "text": "(c) Feasibility study \n(1) In general \nThe Secretary of Defense shall conduct a study on the feasibility and advisability of establishing an integrated maritime domain awareness and interdiction capability to protect the people, infrastructure, and territory of ally and partner countries in the Middle East from— (A) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (B) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways of the Middle East. (2) Elements \nThe study required by paragraph (1) shall include— (A) an assessment of funds that could be contributed by ally and partner countries of the United States; and (B) a cost estimate of establishing such an integrated maritime domain awareness and interdiction capability. (3) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the results of the study conducted under paragraph (1).", "id": "id082f93834c874873b04ba25c534e9eb8", "header": "Feasibility study", "nested": [], "links": [] }, { "text": "(d) Protection of sensitive information \nAny activity carried out under this section shall be conducted in a manner that appropriately protects sensitive information and the national security interests of the United States.", "id": "id4819f3181bad43fe86c73b8846777fb3", "header": "Protection of sensitive information", "nested": [], "links": [] }, { "text": "(e) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.", "id": "id87b5a32621174c698d266d9b636b5a20", "header": "Appropriate committees of Congress defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1302. Authority to provide mission training through distributed simulation \n(a) Authority for training and distribution \nTo enhance the interoperability and integration between the United States Armed Forces and the military forces of friendly foreign countries, the Secretary of Defense, with the concurrence of the Secretary of State, is authorized— (1) to provide to military personnel of a friendly foreign government persistent advanced networked training and exercise activities (in this section referred to as mission training through distributed simulation ); and (2) to provide information technology, including hardware and computer software developed for mission training through distributed simulation activities. (b) Scope of mission training \nMission training through distributed simulation provided under subsection (a) may include advanced distributed network training events and computer-assisted exercises. (c) Applicability of export control authorities \nThe provision of mission training through distributed simulation and information technology under this section shall be subject to the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) and any other export control authority under law relating to the transfer of military technology to foreign countries. (d) Guidance on use of authority \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall develop and issue guidance on the procedures for the use of the authority provided in this section. (e) Report \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of mission training through distributed simulation by military personnel of friendly foreign countries. (2) Elements \nThe report required by paragraph (1) shall include the following: (A) A description of ongoing mission training through distributed simulation activities between the United States Armed Forces and the military forces of friendly foreign countries. (B) A description of the current capabilities of the military forces of friendly foreign countries to support mission training through distributed simulation activities with the United States Armed Forces. (C) A description of the manner in which the Department intends to use mission training through distributed simulation activities to support implementation of the National Defense Strategy, including in areas of responsibility of the United States European Command and the United States Indo-Pacific Command. (D) Any recommendation of the Secretary of Defense for legislative proposals or policy guidance regarding the use of mission training through distributed simulation activities. (3) Appropriate committees of Congress defined \nIn this subsection, the term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. (f) Sunset \nThe authority provided in this section shall terminate on December 31, 2025.", "id": "idB4FA3E45213241D1BCBA2E598460351D", "header": "Authority to provide mission training through distributed simulation", "nested": [ { "text": "(a) Authority for training and distribution \nTo enhance the interoperability and integration between the United States Armed Forces and the military forces of friendly foreign countries, the Secretary of Defense, with the concurrence of the Secretary of State, is authorized— (1) to provide to military personnel of a friendly foreign government persistent advanced networked training and exercise activities (in this section referred to as mission training through distributed simulation ); and (2) to provide information technology, including hardware and computer software developed for mission training through distributed simulation activities.", "id": "idac99dffa4ec4421297eb6f928443170e", "header": "Authority for training and distribution", "nested": [], "links": [] }, { "text": "(b) Scope of mission training \nMission training through distributed simulation provided under subsection (a) may include advanced distributed network training events and computer-assisted exercises.", "id": "id02411ecf0ca64d4082b13e63ba9e25d9", "header": "Scope of mission training", "nested": [], "links": [] }, { "text": "(c) Applicability of export control authorities \nThe provision of mission training through distributed simulation and information technology under this section shall be subject to the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) and any other export control authority under law relating to the transfer of military technology to foreign countries.", "id": "id2fdbfb62251b45e3826360f80bc749b5", "header": "Applicability of export control authorities", "nested": [], "links": [ { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" } ] }, { "text": "(d) Guidance on use of authority \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall develop and issue guidance on the procedures for the use of the authority provided in this section.", "id": "ide5be2e8f5d9b4e3a9201f1f17b13ac67", "header": "Guidance on use of authority", "nested": [], "links": [] }, { "text": "(e) Report \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of mission training through distributed simulation by military personnel of friendly foreign countries. (2) Elements \nThe report required by paragraph (1) shall include the following: (A) A description of ongoing mission training through distributed simulation activities between the United States Armed Forces and the military forces of friendly foreign countries. (B) A description of the current capabilities of the military forces of friendly foreign countries to support mission training through distributed simulation activities with the United States Armed Forces. (C) A description of the manner in which the Department intends to use mission training through distributed simulation activities to support implementation of the National Defense Strategy, including in areas of responsibility of the United States European Command and the United States Indo-Pacific Command. (D) Any recommendation of the Secretary of Defense for legislative proposals or policy guidance regarding the use of mission training through distributed simulation activities. (3) Appropriate committees of Congress defined \nIn this subsection, the term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.", "id": "id3b07c822acf3428d9f42f71603336ddf", "header": "Report", "nested": [], "links": [] }, { "text": "(f) Sunset \nThe authority provided in this section shall terminate on December 31, 2025.", "id": "id9961d76291f94bcea9519897454ba641", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" } ] }, { "text": "1303. Increase in small-scale construction limit and modification of authority to build capacity \n(a) Definition of small-scale construction \nSection 301(8) of title 10, United States Code, is amended by striking $1,500,000 and inserting $2,000,000. (b) Modification of authority to build capacity \n(1) In general \nSubsection (a) of section 333 of title 10, United States Code, is amended— (A) in paragraph (3), by inserting or other counter-illicit trafficking operations before the period at the end; and (B) by adding at the end the following new paragraph: (10) Foreign internal defense operations.. (2) Increase in threshold for small-scale construction projects requiring additional documentation \nSubsection (e)(8) of such section is amended by striking $750,000 and inserting $1,000,000. (3) Equipment disposition \nSuch section is further amended by adding at the end the following new subsection: (h) Equipment disposition \nThe Secretary of Defense may treat as stocks of the Department of Defense— (1) equipment procured to carry out a program pursuant to subsection (a) that has not yet been transferred to a foreign country and is no longer needed to support such program or any other program carried out pursuant to such subsection; and (2) equipment that has been transferred to a foreign country to carry out a program pursuant to subsection (a) and is returned by the foreign country to the United States.. (4) International agreements \nSuch section is further amended by adding at the end the following new subsection: (i) International agreements \n(1) In general \nThe Secretary of Defense, with the concurrence of the Secretary of State, may— (A) allow a foreign country to provide sole-source direction for assistance in support of a program carried out pursuant to subsection (a); and (B) enter into an agreement with a foreign country to provide such sole-source direction. (2) Notification \nNot later than 72 hours after the Secretary of Defense enters into an agreement under paragraph (1), the Secretary shall submit to the congressional defense committees a written notification that includes the following: (A) A description of the parameters of the agreement, including types of support, objectives, and duration of support and cooperation under the agreement. (B) A description and justification of any anticipated use of sole-source direction pursuant to such agreement. (C) A determination as to whether the anticipated costs to incurred under the agreement are fair and reasonable. (D) A certification that the agreement is in the national security interests of the United States. (E) Any other matter relating to the agreement, as determined by the Secretary of Defense.. (5) Foreign internal defense defined \nSuch section is further amended by adding at the end of the following new subsection: (j) Foreign internal defense defined \nIn this section, the term foreign internal defense has the meaning given such term in the publication of the Chairman of the Joint Chiefs of Staff entitled Joint Publication 3–22 Foreign Internal Defense issued on August 17, 2018 and validated on February 2, 2021..", "id": "id5CB0FC84C9384A7CA01C7AB428834132", "header": "Increase in small-scale construction limit and modification of authority to build capacity", "nested": [ { "text": "(a) Definition of small-scale construction \nSection 301(8) of title 10, United States Code, is amended by striking $1,500,000 and inserting $2,000,000.", "id": "id39939c869d3b46fbbd0fd34883b27b17", "header": "Definition of small-scale construction", "nested": [], "links": [] }, { "text": "(b) Modification of authority to build capacity \n(1) In general \nSubsection (a) of section 333 of title 10, United States Code, is amended— (A) in paragraph (3), by inserting or other counter-illicit trafficking operations before the period at the end; and (B) by adding at the end the following new paragraph: (10) Foreign internal defense operations.. (2) Increase in threshold for small-scale construction projects requiring additional documentation \nSubsection (e)(8) of such section is amended by striking $750,000 and inserting $1,000,000. (3) Equipment disposition \nSuch section is further amended by adding at the end the following new subsection: (h) Equipment disposition \nThe Secretary of Defense may treat as stocks of the Department of Defense— (1) equipment procured to carry out a program pursuant to subsection (a) that has not yet been transferred to a foreign country and is no longer needed to support such program or any other program carried out pursuant to such subsection; and (2) equipment that has been transferred to a foreign country to carry out a program pursuant to subsection (a) and is returned by the foreign country to the United States.. (4) International agreements \nSuch section is further amended by adding at the end the following new subsection: (i) International agreements \n(1) In general \nThe Secretary of Defense, with the concurrence of the Secretary of State, may— (A) allow a foreign country to provide sole-source direction for assistance in support of a program carried out pursuant to subsection (a); and (B) enter into an agreement with a foreign country to provide such sole-source direction. (2) Notification \nNot later than 72 hours after the Secretary of Defense enters into an agreement under paragraph (1), the Secretary shall submit to the congressional defense committees a written notification that includes the following: (A) A description of the parameters of the agreement, including types of support, objectives, and duration of support and cooperation under the agreement. (B) A description and justification of any anticipated use of sole-source direction pursuant to such agreement. (C) A determination as to whether the anticipated costs to incurred under the agreement are fair and reasonable. (D) A certification that the agreement is in the national security interests of the United States. (E) Any other matter relating to the agreement, as determined by the Secretary of Defense.. (5) Foreign internal defense defined \nSuch section is further amended by adding at the end of the following new subsection: (j) Foreign internal defense defined \nIn this section, the term foreign internal defense has the meaning given such term in the publication of the Chairman of the Joint Chiefs of Staff entitled Joint Publication 3–22 Foreign Internal Defense issued on August 17, 2018 and validated on February 2, 2021..", "id": "idb87df6cc313040d7affbda2609fc78b5", "header": "Modification of authority to build capacity", "nested": [], "links": [] } ], "links": [] }, { "text": "1304. Extension of legal institutional capacity building initiative for foreign defense institutions \nSection 1210(e) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1626) is amended by striking December 31, 2024 and inserting December 31, 2028.", "id": "id535F95CE0F014B21B4080A894C06791A", "header": "Extension of legal institutional capacity building initiative for foreign defense institutions", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" } ] }, { "text": "1305. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations \n(a) Extension \nSubsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 393) is amended by striking beginning on October 1, 2022, and ending on December 31, 2023 and inserting beginning on October 1, 2023, and ending on December 31, 2024. (b) Modification to limitation \nSubsection (d)(1) of such section is amended— (1) by striking beginning on October 1, 2022, and ending on December 31, 2023 and inserting beginning on October 1, 2023, and ending on December 31, 2024 ; and (2) by striking $30,000,000 and inserting $15,000,000.", "id": "ID887cb3690d2b48788bc0bb87ef5d4db3", "header": "Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations", "nested": [ { "text": "(a) Extension \nSubsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 393) is amended by striking beginning on October 1, 2022, and ending on December 31, 2023 and inserting beginning on October 1, 2023, and ending on December 31, 2024.", "id": "id90726ee10e1a41d1a53cd66b5eddc238", "header": "Extension", "nested": [], "links": [ { "text": "Public Law 110–181", "legal-doc": "public-law", "parsable-cite": "pl/110/181" } ] }, { "text": "(b) Modification to limitation \nSubsection (d)(1) of such section is amended— (1) by striking beginning on October 1, 2022, and ending on December 31, 2023 and inserting beginning on October 1, 2023, and ending on December 31, 2024 ; and (2) by striking $30,000,000 and inserting $15,000,000.", "id": "idc15e50acdcd24fbda944604d8917eade", "header": "Modification to limitation", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 110–181", "legal-doc": "public-law", "parsable-cite": "pl/110/181" } ] }, { "text": "1306. Extension of authority for Department of Defense support for stabilization activities in national security interest of the United States \nSection 1210A(h) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1626) is amended by striking December 31, 2023 and inserting December 31, 2025.", "id": "id0CC4B2B35EE14CC99AB8556634E0FCD9", "header": "Extension of authority for Department of Defense support for stabilization activities in national security interest of the United States", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" } ] }, { "text": "1307. Extension of cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations \nSection 1207(f) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 10 U.S.C. 2342 note) is amended by striking December 31, 2024 and inserting December 31, 2029.", "id": "idCF3E7279C7A24C869D315B137921D9B6", "header": "Extension of cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations", "nested": [], "links": [ { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" }, { "text": "10 U.S.C. 2342", "legal-doc": "usc", "parsable-cite": "usc/10/2342" } ] }, { "text": "1308. Limitation on availability of funds for International Security Cooperation Program \nOf the funds authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Defense Security Cooperation Agency for the International Security Cooperation Program, not more than 75 percent may be obligated or expended until the Secretary of Defense submits the security cooperation strategy for each covered combatant command required by section 1206 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1960).", "id": "id6F270E13479D42F285E57184BD25E770", "header": "Limitation on availability of funds for International Security Cooperation Program", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "1309. Modification of Department of Defense security cooperation workforce development \nSection 384 of title 10, United States Code, is amended— (1) in subsection (d)— (A) by striking The Program and inserting the following: (1) In general \nThe Program ; and (B) by adding at the end the following new paragraphs: (2) Managing entity \n(A) Designation \nThe Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Director of the Defense Security Cooperation Agency, shall designate an entity within the Department of Defense to serve as the lead entity for managing the implementation of the Program. (B) Duties \nThe entity designated under subparagraph (A) shall carry out the management and implementation of the Program, consistent with objectives formulated by the Secretary of Defense, which shall include the following: (i) Providing for comprehensive tracking of and accounting for all Department of Defense employees engaged in the security cooperation enterprise. (ii) Providing training requirements specified at the requisite proficiency levels for each position. (C) Reporting \nThe Secretary of Defense shall ensure that, not less frequently than annually, each military department, combatant command, defense agency, and any other entity involved in managing the security cooperation workforce submits to the entity designated under subparagraph (A) a report containing information necessary for the management and career development of the security cooperation workforce, as determined by the Director of the Defense Security Cooperation Agency. (3) Security cooperation workforce management information system \nThe Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall prescribe regulations to ensure that each military department, combatant command, and defense agency provides standardized information and data to the Secretary on persons serving in positions within the security cooperation workforce. ; (2) in subsection (e), by adding at the end the following new paragraph: (4) Updated guidance \n(A) In general \nNot later than 270 days after the date of the enactment of this paragraph, and biannually thereafter through fiscal year 2028, the Secretary of Defense, in coordination with the Secretary of State, shall issue updated guidance for the execution and administration of the Program. (B) Scope \nThe updated guidance required by subparagraph (A) shall— (i) fulfill each requirement set forth in paragraph (3), as appropriate; and (ii) include an identification of the manner in which the Department of Defense shall ensure that personnel assigned to security cooperation offices within embassies of the United States are trained and managed to a level of proficiency that is at least equal to the level of proficiency provided to the attaché workforce by the Defense Attaché Service. ; (3) by redesignating subsections (f) through (h) as subsections (h) through (j), respectively; and (4) by inserting after subsection (e) the following new subsections (f) and (g): (f) Foreign Military Sales Center of Excellence \n(1) Establishment \nThe Secretary of Defense shall direct an existing schoolhouse within the Department of Defense to serve as a Foreign Military Sales Center of Excellence to improve the training and education of personnel engaged in foreign military sales planning and execution. (2) Objectives \nThe objectives of the Foreign Military Sales Center of Excellence shall include— (A) conducting research on and promoting best practices for ensuring that foreign military sales are timely and effective; and (B) enhancing existing curricula for the purpose of ensuring that the foreign military sales workforce is fully trained and prepared to execute the foreign military sales program. (g) Defense Security Cooperation University \n(1) Charter \nThe Secretary of Defense shall develop and promulgate a charter for the operation of the Defense Security Cooperation University. (2) Mission \nThe charter required by paragraph (1) shall set forth the mission, and associated structures and organizations, of the Defense Security Cooperation University, which shall include— (A) management and implementation of international military training and education security cooperation programs and authorities executed by the Department of Defense; (B) management and provision of institutional capacity-building services executed by the Department of Defense; and (C) advancement of the profession of security cooperation through research, data collection, analysis, publication, and learning. (3) Cooperative research and development arrangements \n(A) In general \nIn engaging in research and development projects pursuant to subsection (a) of section 4001 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such section, the Secretary of Defense may enter into such contract or cooperative agreement, or award such grant, through the Defense Security Cooperation University. (B) Treatment as Government-operated Federal laboratory \nThe Defense Security Cooperation University shall be considered a Government-operated Federal laboratory for purposes of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a ). (4) Acceptance of research grants \n(A) In general \nThe Secretary of Defense, through the Under Secretary of Defense for Policy, may authorize the President of the Defense Security Cooperation University to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Defense Security Cooperation University for a scientific, literary, or educational purpose. (B) Qualifying grants \nA qualifying research grant under this paragraph is a grant that is awarded on a competitive basis by an entity described in subparagraph (C) for a research project with a scientific, literary, or educational purpose. (C) Entities from which grants may be accepted \nA grant may be accepted under this paragraph only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes. (D) Administration of grant funds \nThe Director of the Defense Security Cooperation Agency shall establish an account for administering funds received as research grants under this section. The President of the Defense Security Cooperation University shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received. (E) Related expenses \nSubject to such limitations as may be provided in appropriations Acts, appropriations available for the Defense Security Cooperation University may be used to pay expenses incurred by the Defense Security Cooperation University in applying for, and otherwise pursuing, the award of qualifying research grants. (F) Regulations \nThe Secretary of Defense, through the Under Secretary of Defense for Policy, shall prescribe regulations for the administration of this section..", "id": "id1A65EDCEF1CE4670B718CDC790A83809", "header": "Modification of Department of Defense security cooperation workforce development", "nested": [], "links": [ { "text": "15 U.S.C. 3710a", "legal-doc": "usc", "parsable-cite": "usc/15/3710a" } ] }, { "text": "1310. Modification of authority to provide support to certain governments for border security operations \nSection 1226(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 ( 22 U.S.C. 2151 note) is amended by adding at the end the following: (G) To the Government of Tajikistan for purposes of supporting and enhancing efforts of the armed forces of Tajikistan to increase security and sustain increased security along the border of Tajikistan and Afghanistan. (H) To the Government of Uzbekistan for purposes of supporting and enhancing efforts of the armed forces of Uzbekistan to increase security and sustain increased security along the border of Uzbekistan and Afghanistan. (I) To the Government of Turkmenistan for purposes of supporting and enhancing efforts of the armed forces of Turkmenistan to increase security and sustain increased security along the border of Turkmenistan and Afghanistan..", "id": "id93ABA29AF61C4D249C01C34EE07CBEF6", "header": "Modification of authority to provide support to certain governments for border security operations", "nested": [], "links": [ { "text": "22 U.S.C. 2151", "legal-doc": "usc", "parsable-cite": "usc/22/2151" } ] }, { "text": "1311. Modification of Defense Operational Resilience International Cooperation Pilot Program \nSection 1212 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2834; 10 U.S.C. 311 note) is amended— (1) in subsection (a), by striking military forces and inserting national security forces ; (2) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (A), by striking military-to-military relationships and inserting relationships with the national security forces of partner countries ; and (ii) in subparagraph (C), by striking military forces and inserting national security forces ; and (B) by adding at the end the following new paragraph: (4) Sustainment and non-lethal assistance \nA program under subsection (a) may include the provision of sustainment and non-lethal assistance, including training, defense services, supplies (including consumables), and small-scale construction (as such terms are defined in section 301 of title 10, United States Code). ; (3) in subsection (e)(3)(A), by striking military force and inserting national security forces ; and (4) by adding at the end the following new subsection: (g) National security forces defined \nIn this section, the term national security forces has the meaning given the term in section 301 of title 10, United States Code..", "id": "id3f6e223a00684b5f9846c1e805f27da7", "header": "Modification of Defense Operational Resilience International Cooperation Pilot Program", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "10 U.S.C. 311", "legal-doc": "usc", "parsable-cite": "usc/10/311" } ] }, { "text": "1312. Assistance to Israel for aerial refueling \n(a) Training Israeli pilots to operate KC–46 aircraft \n(1) In general \nThe Secretary of the Air Force shall— (A) make available sufficient resources and accommodations within the United States to train members of the Israeli Air Force on the operation of KC–46 aircraft; (B) conduct training for members of the Israeli Air Force, including— (i) training for pilots and crew on the operation of the KC–46 aircraft in accordance with standards considered sufficient to conduct coalition operations of the United States Air Force and the Israeli Air Force; and (ii) training for ground personnel on the maintenance and sustainment requirements of the KC–46 aircraft considered sufficient for such operations; and (C) conduct the timing of such training so as to ensure that the first group of trainee members of the Israeli Air Force is anticipated to complete the training not later than 2 weeks after the date on which the first KC–46 aircraft is delivered to Israel. (2) United States Air Force military personnel exchange program \nThe Secretary of Defense shall, with respect to members of the Israeli Air Force associated with the operation of KC–46 aircraft— (A) before the completion of the training required by paragraph (1)(B), authorize the participation of such members of the Israeli Air Force in the United States Air Force Military Personnel Exchange Program; (B) make available billets in the United States Air Force Military Personnel Exchange Program necessary for such members of the Israeli Air Force to participate in such program; and (C) to the extent practicable, ensure that such members of the Israeli Air Force are able to participate in the United States Air Force Military Personnel Exchange Program immediately after such members complete such training. (3) Termination \nThis subsection shall cease to have effect on the date that is ten years after the date of the enactment of this Act. (b) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes the following: (1) An assessment of— (A) the current operational requirements of the Government of Israel for aerial refueling; and (B) any gaps in current or near-term capabilities. (2) The estimated date of delivery to Israel of KC–46 aircraft procured by the Government of Israel. (3) A detailed description of— (A) any actions the United States Government is taking to expedite the delivery to Israel of KC–46 aircraft procured by the Government of Israel, while minimizing adverse impacts to United States defense readiness, including strategic forces readiness; (B) any additional actions the United States Government could take to expedite such delivery; and (C) additional authorities Congress could provide to help expedite such delivery. (4) A description of the availability of any United States aerial refueling tanker aircraft that is retired or is expected to be retired during the two-year period beginning on the date of the enactment of this Act that could be provided to Israel. (c) Forward deployment of United States KC–46 aircraft to Israel \n(1) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that describes the capacity of and requirements for the United States Air Force to forward deploy KC–46 aircraft to Israel on a rotational basis until the date on which a KC–46 aircraft procured by the Government of Israel is commissioned into the Israeli Air Force and achieves full combat capability. (2) Rotational forces \n(A) In general \nSubject to subparagraphs (B) and (C), the Secretary of Defense shall, consistent with maintaining United States defense readiness, rotationally deploy one or more KC–46 aircraft to Israel until the earlier of— (i) the date on which a KC–46 aircraft procured by the military forces of Israel is commissioned into such military forces and achieves full combat capability; or (ii) five years after the date of the enactment of this Act. (B) Limitation \nThe Secretary of Defense may only carry out a rotational deployment under subparagraph (A) if the Government of Israel consents to the deployment. (C) Presence \nThe Secretary of Defense shall consult with the Government of Israel to determine the length of rotational deployments of United States KC–46 aircraft to Israel until the applicable date under subparagraph (A).", "id": "id8cf7e4736fd64e40be76aa40fa09036d", "header": "Assistance to Israel for aerial refueling", "nested": [ { "text": "(a) Training Israeli pilots to operate KC–46 aircraft \n(1) In general \nThe Secretary of the Air Force shall— (A) make available sufficient resources and accommodations within the United States to train members of the Israeli Air Force on the operation of KC–46 aircraft; (B) conduct training for members of the Israeli Air Force, including— (i) training for pilots and crew on the operation of the KC–46 aircraft in accordance with standards considered sufficient to conduct coalition operations of the United States Air Force and the Israeli Air Force; and (ii) training for ground personnel on the maintenance and sustainment requirements of the KC–46 aircraft considered sufficient for such operations; and (C) conduct the timing of such training so as to ensure that the first group of trainee members of the Israeli Air Force is anticipated to complete the training not later than 2 weeks after the date on which the first KC–46 aircraft is delivered to Israel. (2) United States Air Force military personnel exchange program \nThe Secretary of Defense shall, with respect to members of the Israeli Air Force associated with the operation of KC–46 aircraft— (A) before the completion of the training required by paragraph (1)(B), authorize the participation of such members of the Israeli Air Force in the United States Air Force Military Personnel Exchange Program; (B) make available billets in the United States Air Force Military Personnel Exchange Program necessary for such members of the Israeli Air Force to participate in such program; and (C) to the extent practicable, ensure that such members of the Israeli Air Force are able to participate in the United States Air Force Military Personnel Exchange Program immediately after such members complete such training. (3) Termination \nThis subsection shall cease to have effect on the date that is ten years after the date of the enactment of this Act.", "id": "id9452E6048A6D46CDABD1CDF34F352350", "header": "Training Israeli pilots to operate KC–46 aircraft", "nested": [], "links": [] }, { "text": "(b) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes the following: (1) An assessment of— (A) the current operational requirements of the Government of Israel for aerial refueling; and (B) any gaps in current or near-term capabilities. (2) The estimated date of delivery to Israel of KC–46 aircraft procured by the Government of Israel. (3) A detailed description of— (A) any actions the United States Government is taking to expedite the delivery to Israel of KC–46 aircraft procured by the Government of Israel, while minimizing adverse impacts to United States defense readiness, including strategic forces readiness; (B) any additional actions the United States Government could take to expedite such delivery; and (C) additional authorities Congress could provide to help expedite such delivery. (4) A description of the availability of any United States aerial refueling tanker aircraft that is retired or is expected to be retired during the two-year period beginning on the date of the enactment of this Act that could be provided to Israel.", "id": "id0fa4f0bfc8a74cfd838e231dbd1b28df", "header": "Briefing", "nested": [], "links": [] }, { "text": "(c) Forward deployment of United States KC–46 aircraft to Israel \n(1) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that describes the capacity of and requirements for the United States Air Force to forward deploy KC–46 aircraft to Israel on a rotational basis until the date on which a KC–46 aircraft procured by the Government of Israel is commissioned into the Israeli Air Force and achieves full combat capability. (2) Rotational forces \n(A) In general \nSubject to subparagraphs (B) and (C), the Secretary of Defense shall, consistent with maintaining United States defense readiness, rotationally deploy one or more KC–46 aircraft to Israel until the earlier of— (i) the date on which a KC–46 aircraft procured by the military forces of Israel is commissioned into such military forces and achieves full combat capability; or (ii) five years after the date of the enactment of this Act. (B) Limitation \nThe Secretary of Defense may only carry out a rotational deployment under subparagraph (A) if the Government of Israel consents to the deployment. (C) Presence \nThe Secretary of Defense shall consult with the Government of Israel to determine the length of rotational deployments of United States KC–46 aircraft to Israel until the applicable date under subparagraph (A).", "id": "id6f140c37d22c440d923e7c07c0b822a8", "header": "Forward deployment of United States KC–46 aircraft to Israel", "nested": [], "links": [] } ], "links": [] }, { "text": "1313. Report on coordination with private entities and State governments with respect to the State Partnership Program \n(a) In general \nThe Secretary of Defense shall submit to Congress a report on the feasibility of coordinating with private entities and State governments to provide resources and personnel to support technical exchanges under the Department of Defense State Partnership Program established under section 341 of title 10, United States Code. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An analysis of the limitations of the State Partnership Program. (2) The types of personnel and expertise that could be helpful to partner country participants in the State Partnership Program. (3) Any authority needed to leverage such expertise from private entities and State governments, as applicable.", "id": "H3B5FAB46D64A4EE5B1E9CA59AF2048E1", "header": "Report on coordination with private entities and State governments with respect to the State Partnership Program", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall submit to Congress a report on the feasibility of coordinating with private entities and State governments to provide resources and personnel to support technical exchanges under the Department of Defense State Partnership Program established under section 341 of title 10, United States Code.", "id": "id64b21928a301401992bbe6f1667a6455", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall include the following: (1) An analysis of the limitations of the State Partnership Program. (2) The types of personnel and expertise that could be helpful to partner country participants in the State Partnership Program. (3) Any authority needed to leverage such expertise from private entities and State governments, as applicable.", "id": "idea3c1c621e48406ea930151483c5cbc2", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "1321. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals \n(a) Extension \nSubsection (a) of section 1209 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3541) is amended, in the matter preceding paragraph (1), by striking December 31, 2023 and inserting December 31, 2024. (b) Limitation on cost of construction and repair projects \nSubsection (l)(3) of such section is amended— (1) in subparagraph (A), by striking The President and all that follows through if the President and inserting The Secretary of Defense may waive the limitations under paragraph (1) for the purposes of providing support under subsection (a)(4) if the Secretary ; (2) by striking subparagraph (B); (3) in subparagraph (C), by striking as required by subparagraph (B)(ii)(I) ; (4) in subparagraph (D), by striking December 31, 2023 and inserting December 31, 2024 ; and (5) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.", "id": "id280B89CE4C59448A88316044478E2403", "header": "Extension and modification of authority to provide assistance to vetted Syrian groups and individuals", "nested": [ { "text": "(a) Extension \nSubsection (a) of section 1209 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3541) is amended, in the matter preceding paragraph (1), by striking December 31, 2023 and inserting December 31, 2024.", "id": "idfe63bca87b8e42478784b9bd54d66b6b", "header": "Extension", "nested": [], "links": [ { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" } ] }, { "text": "(b) Limitation on cost of construction and repair projects \nSubsection (l)(3) of such section is amended— (1) in subparagraph (A), by striking The President and all that follows through if the President and inserting The Secretary of Defense may waive the limitations under paragraph (1) for the purposes of providing support under subsection (a)(4) if the Secretary ; (2) by striking subparagraph (B); (3) in subparagraph (C), by striking as required by subparagraph (B)(ii)(I) ; (4) in subparagraph (D), by striking December 31, 2023 and inserting December 31, 2024 ; and (5) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.", "id": "idfdb772d3f7fa4212b538b8f2d833601a", "header": "Limitation on cost of construction and repair projects", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" } ] }, { "text": "1322. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq \n(a) Limitation on amount \nSubsection (c) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 113 note) is amended— (1) by striking fiscal year 2023 and inserting fiscal year 2024 ; and (2) by striking $25,000,000 and inserting $18,000,000. (b) Source of funds \nSubsection (d) of such section is amended by striking fiscal year 2023 and inserting fiscal year 2024.", "id": "id3C20E82AD78B4F2CAF37D923D8158A2D", "header": "Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq", "nested": [ { "text": "(a) Limitation on amount \nSubsection (c) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 113 note) is amended— (1) by striking fiscal year 2023 and inserting fiscal year 2024 ; and (2) by striking $25,000,000 and inserting $18,000,000.", "id": "id06f3077e60cb4eab8c6dc74f6e250d48", "header": "Limitation on amount", "nested": [], "links": [ { "text": "10 U.S.C. 113", "legal-doc": "usc", "parsable-cite": "usc/10/113" } ] }, { "text": "(b) Source of funds \nSubsection (d) of such section is amended by striking fiscal year 2023 and inserting fiscal year 2024.", "id": "idb8a62e6cc03743199d16ea1e5dd1895c", "header": "Source of funds", "nested": [], "links": [] } ], "links": [ { "text": "10 U.S.C. 113", "legal-doc": "usc", "parsable-cite": "usc/10/113" } ] }, { "text": "1323. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria \n(a) In general \nSubsection (a) of section 1236 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3559) is amended, in the matter preceding paragraph (1)— (1) by inserting equipment and training to counter threats from unmanned aerial systems, before and sustainment ; and (2) by striking December 31, 2023 and inserting December 31, 2024. (b) Funding \nSubsection (g) of such section is amended by striking Overseas Contingency Operations for fiscal year 2023, there are authorized to be appropriated $358,000,000 and inserting fiscal year 2024, there is authorized to be appropriated $241,950,000. (c) Foreign contributions \nSubsection (h) of such section is amended— (1) by striking The Secretary and inserting the following: (1) In general \nThe Secretary ; and (2) by adding at the end the following new paragraph: (2) Use of contributions \nThe limitations on costs under subsections (a) and (m) shall not apply with respect to the expenditure of foreign contributions in excess of such limitations.. (d) Waiver authority \nSubsection (o) of such section is amended— (1) in paragraph (1), by striking The President and all that follows through if the President and inserting The Secretary of Defense may waive the limitations on costs under subsection (a) or (m) if the Secretary ; (2) by striking paragraph (3); (3) in paragraph (4), by striking as required by paragraph (3)(B)(i) ; (4) in paragraph (5), by striking December 31, 2023 and inserting December 31, 2024 ; and (5) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (e) Notification of provision of counter unmanned aerial systems training and assistance \nSuch section is further amended by adding at the end the following new subsection: (p) Notification of provision of counter unmanned aerial systems training and assistance \n(1) In general \nNot later than 30 days after providing assistance under this section for countering threats from unmanned aerial systems, the Secretary of Defense shall notify the appropriate congressional committees of such provision of assistance. (2) Elements \nThe notification required by paragraph (1) shall include the following: (A) An identification of the military forces being provided such assistance. (B) A description of the type of such assistance, including the types of training and equipment, being provided..", "id": "idEE24EC242168420188B208E5AE0B7617", "header": "Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria", "nested": [ { "text": "(a) In general \nSubsection (a) of section 1236 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3559) is amended, in the matter preceding paragraph (1)— (1) by inserting equipment and training to counter threats from unmanned aerial systems, before and sustainment ; and (2) by striking December 31, 2023 and inserting December 31, 2024.", "id": "idBFA07B355EC34B6F860EA02C6DC19793", "header": "In general", "nested": [], "links": [ { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" } ] }, { "text": "(b) Funding \nSubsection (g) of such section is amended by striking Overseas Contingency Operations for fiscal year 2023, there are authorized to be appropriated $358,000,000 and inserting fiscal year 2024, there is authorized to be appropriated $241,950,000.", "id": "id798F031AC5214F6C9D7829079DAC890D", "header": "Funding", "nested": [], "links": [] }, { "text": "(c) Foreign contributions \nSubsection (h) of such section is amended— (1) by striking The Secretary and inserting the following: (1) In general \nThe Secretary ; and (2) by adding at the end the following new paragraph: (2) Use of contributions \nThe limitations on costs under subsections (a) and (m) shall not apply with respect to the expenditure of foreign contributions in excess of such limitations..", "id": "id27EA3E14B6344D76BA3EBD28434671D4", "header": "Foreign contributions", "nested": [], "links": [] }, { "text": "(d) Waiver authority \nSubsection (o) of such section is amended— (1) in paragraph (1), by striking The President and all that follows through if the President and inserting The Secretary of Defense may waive the limitations on costs under subsection (a) or (m) if the Secretary ; (2) by striking paragraph (3); (3) in paragraph (4), by striking as required by paragraph (3)(B)(i) ; (4) in paragraph (5), by striking December 31, 2023 and inserting December 31, 2024 ; and (5) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.", "id": "id07994A62203A414FB8F129713F8C53CC", "header": "Waiver authority", "nested": [], "links": [] }, { "text": "(e) Notification of provision of counter unmanned aerial systems training and assistance \nSuch section is further amended by adding at the end the following new subsection: (p) Notification of provision of counter unmanned aerial systems training and assistance \n(1) In general \nNot later than 30 days after providing assistance under this section for countering threats from unmanned aerial systems, the Secretary of Defense shall notify the appropriate congressional committees of such provision of assistance. (2) Elements \nThe notification required by paragraph (1) shall include the following: (A) An identification of the military forces being provided such assistance. (B) A description of the type of such assistance, including the types of training and equipment, being provided..", "id": "idE71058483A234C57AE475E714EA25F96", "header": "Notification of provision of counter unmanned aerial systems training and assistance", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" } ] }, { "text": "1324. Briefing on nuclear capability of Iran \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide the Committees on Armed Services of the Senate and the House of Representatives with— (1) a briefing on— (A) threats to global security posed by the nuclear weapon capability of Iran; and (B) progress made by Iran in enriching uranium at levels proximate to or exceeding weapons grade; and (2) recommendations for actions the United States may take to ensure that Iran does not acquire a nuclear weapon capability.", "id": "id020587085de842e1a335fd3824930e98", "header": "Briefing on nuclear capability of Iran", "nested": [], "links": [] }, { "text": "1325. Modification of establishment of coordinator for detained ISIS members and relevant populations in Syria \n(a) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. (2) ISIS member \nThe term ISIS member means a person who was part of, or substantially supported, the Islamic State in Iraq and Syria. (3) Senior Coordinator \nThe term Senior Coordinator means the coordinator for detained ISIS members and relevant displaced populations in Syria designated under subsection (a) of section 1224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1642), as amended by subsection (d). (b) Sense of Congress \nIt is the sense of Congress that— (A) ISIS detainees held by the Syrian Democratic Forces and ISIS-affiliated individuals located within displaced persons camps in Syria pose a significant and growing humanitarian challenge and security threat to the region; (B) the vast majority of individuals held in displaced persons camps in Syria are women and children, approximately 50 percent of whom are under the age of 12 at the al-Hol camp, and they face significant threats of violence and radicalization, as well as lacking access to adequate sanitation and health care facilities; (C) there is an urgent need to seek a sustainable solution to such camps through repatriation and reintegration of the inhabitants; (D) the United States should work closely with international allies and partners to facilitate the repatriation and reintegration efforts required to provide a long-term solution for such camps and prevent the resurgence of ISIS; and (E) if left unaddressed, such camps will continue to be drivers of instability that jeopardize the long-term prospects for peace and stability in the region. (c) Statement of policy \nIt is the policy of the United States that— (1) ISIS-affiliated individuals located within displacement camps in Syria, and other inhabitants of displacement camps in Syria, be repatriated and, where appropriate, prosecuted, or where possible, reintegrated into their country of origin, consistent with all relevant domestic laws and applicable international laws prohibiting refoulement; and (2) the camps will be closed as soon as is practicable. (d) Modification of establishment of coordinator for detained ISIS members and relevant displaced populations in Syria \nSection 1224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1642) is amended— (1) by striking subsection (a); (2) by amending subsection (b) to read as follows: (a) Designation \n(1) In general \nThe President, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Attorney General, shall designate an existing official to serve within the executive branch as senior-level coordinator to coordinate, in conjunction with other relevant agencies, matters related to ISIS members who are in the custody of the Syrian Democratic Forces and other relevant displaced populations in Syria, including— (A) by engaging foreign partners to support the repatriation and disposition of such individuals, including by encouraging foreign partners to repatriate, transfer, investigate, and prosecute such ISIS members, and share information; (B) coordination of all multilateral and international engagements led by the Department of State and other agencies that are related to the current and future handling, detention, and prosecution of such ISIS members; (C) the funding and coordination of the provision of technical and other assistance to foreign countries to aid in the successful investigation and prosecution of such ISIS members, as appropriate, in accordance with relevant domestic laws, international humanitarian law, and other internationally recognized human rights and rule of law standards; (D) coordination of all multilateral and international engagements related to humanitarian access and provision of basic services to, and freedom of movement and security and safe return of, displaced persons at camps or facilities in Syria that hold family members of such ISIS members; (E) coordination with relevant agencies on matters described in this section; and (F) any other matter the President considers relevant. (2) Rule of construction \nIf, on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 , an individual has already been designated, consistent with the requirements and responsibilities described in paragraph (1), the requirements under that paragraph shall be considered to be satisfied with respect to such individual until the date on which such individual no longer serves as the Senior Coordinator. ; (3) in subsection (c), by striking subsection (b) and inserting subsection (a) ; (4) in subsection (d), by striking subsection (b) and inserting subsection (a) ; (5) in subsection (e), by striking January 31, 2021 and inserting January 31, 2025 ; (6) in subsection (f)— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph (2): (2) Senior Coordinator \nThe term Senior Coordinator means the individual designated under subsection (a). ; and (C) by adding at the end the following new paragraph: (4) Relevant agencies \nThe term relevant agencies means— (A) the Department of State; (B) the Department of Defense; (C) the Department of the Treasury; (D) the Department of Justice; (E) the United States Agency for International Development; (F) the Office of the Director of National Intelligence; and (G) any other agency the President considers relevant. ; and (7) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively. (e) Strategy on ISIS-Related detainee and displacement camps in Syria \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, the Director of National Intelligence, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Attorney General, shall submit to the appropriate committees of Congress an interagency strategy with respect to ISIS-affiliated individuals and ISIS-related detainee and other displaced persons camps in Syria. (2) Elements \nThe strategy required by paragraph (1) shall include— (A) methods to address— (i) disengagement from and prevention of recruitment into violence, violent extremism, and other illicit activity in such camps; (ii) efforts to encourage and facilitate repatriation and, as appropriate, investigation and prosecution of foreign nationals from such camps, consistent with all relevant domestic and applicable international laws; (iii) the return and reintegration of displaced Syrian and Iraqi women and children into their communities of origin; (iv) international engagement to develop processes for repatriation and reintegration of foreign nationals from such camps; (v) contingency plans for the relocation of detained and displaced persons who are not able to be repatriated from such camps; (vi) efforts to improve the humanitarian conditions in such camps, including through the delivery of medicine, psychosocial support, clothing, education, and improved housing; and (vii) assessed humanitarian and security needs of all camps and detainment facilities based on prioritization of such camps and facilities most at risk of humanitarian crises, external attacks, or internal violence; (B) an assessment of— (i) rehabilitation centers in northeast Syria, including humanitarian conditions and processes for admittance and efforts to improve both humanitarian conditions and admittance processes for such centers and camps, as well as on the prevention of youth radicalization; and (ii) processes for being sent to, and resources directed towards, rehabilitation centers and programs in countries that receive returned ISIS affiliated individuals, with a focus on the prevention of radicalization of minor children; (C) a plan to improve, in such camps— (i) security conditions, including by training of personnel and through construction; and (ii) humanitarian conditions; (D) a framework for measuring progress of humanitarian, security, and repatriation efforts with the goal of closing such camps; and (E) any other matter the Secretary of State considers appropriate. (3) Form \nThe strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex that is transmitted separately. (f) Annual interagency report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter through January 31, 2025, the Senior Coordinator, in coordination with the relevant agencies, shall submit to the appropriate committees of Congress a detailed report that includes the following: (A) A detailed description of the facilities and camps where detained ISIS members, and families with perceived ISIS affiliation, are being held and housed, including— (i) a description of the security and management of such facilities and camps; (ii) an assessment of resources required for the security of such facilities and camps; (iii) an assessment of the adherence by the operators of such facilities and camps to international humanitarian law standards; and (iv) an assessment of children held within such facilities and camps that may be used as part of smuggling operations to evade security at the facilities and camps. (B) A description of all efforts undertaken by, and the resources needed for, the United States Government to address deficits in the humanitarian environment and security of such facilities and camps. (C) A description of all multilateral and international engagements related to humanitarian access and provision of basic services to, and freedom of movement and security and safe return of, displaced persons at camps or facilities in Iraq, Syria, and any other area affected by ISIS activity, including a description of— (i) support for efforts by the Syrian Democratic Forces to facilitate the return and reintegration of displaced people from Iraq and Syria; (ii) repatriation efforts with respect to displaced women and children and male children aging into adults while held in these facilities and camps; (iii) any current or future potential threat to United States national security interests posed by detained ISIS members or displaced families, including an analysis of the al-Hol camp and annexes; and (iv) United States Government plans and strategies to respond to any threat identified under clause (iii). (D) The number of individuals repatriated from the custody of the Syrian Democratic Forces. (E) An analysis of factors on the ground in Syria and Iraq that may result in the unintended release of detained or displaced ISIS members, and an assessment of any measures available to mitigate such releases. (F) A detailed description of efforts to encourage the final disposition and security of detained or displaced ISIS members with other countries and international organizations. (G) A description of foreign repatriation and rehabilitation programs deemed successful systems to model, and an analysis of the long-term results of such programs. (H) A description of the manner in which the United States Government communicates regarding repatriation and disposition efforts with the families of United States citizens believed to have been victims of a criminal act by a detained or displaced ISIS member, in accordance with section 503(c) of the Victims' Rights and Restitution Act of 1990 ( 34 U.S.C. 20141(c) ) and section 3771 of title 18, United States Code. (I) An analysis of all efforts between the United States and partner countries within the Global Coalition to Defeat ISIS or other countries to share related information that may aid in resolving the final disposition of ISIS members, and any obstacles that may hinder such efforts. (J) Any other matter the Coordinator considers appropriate. (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex that is transmitted separately. (g) Rule of construction \nNothing in this section, or an amendment made by this section, may be construed— (1) to limit the authority of any Federal agency to independently carry out the authorized functions of such agency; or (2) to impair or otherwise affect the activities performed by that agency as granted by law.", "id": "idB1DA6A8780ED48498694EBEFDA8B462C", "header": "Modification of establishment of coordinator for detained ISIS members and relevant populations in Syria", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. (2) ISIS member \nThe term ISIS member means a person who was part of, or substantially supported, the Islamic State in Iraq and Syria. (3) Senior Coordinator \nThe term Senior Coordinator means the coordinator for detained ISIS members and relevant displaced populations in Syria designated under subsection (a) of section 1224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1642), as amended by subsection (d).", "id": "idFAC6084E0EC8450C86EAFD3A074C1D45", "header": "Definitions", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" } ] }, { "text": "(b) Sense of Congress \nIt is the sense of Congress that— (A) ISIS detainees held by the Syrian Democratic Forces and ISIS-affiliated individuals located within displaced persons camps in Syria pose a significant and growing humanitarian challenge and security threat to the region; (B) the vast majority of individuals held in displaced persons camps in Syria are women and children, approximately 50 percent of whom are under the age of 12 at the al-Hol camp, and they face significant threats of violence and radicalization, as well as lacking access to adequate sanitation and health care facilities; (C) there is an urgent need to seek a sustainable solution to such camps through repatriation and reintegration of the inhabitants; (D) the United States should work closely with international allies and partners to facilitate the repatriation and reintegration efforts required to provide a long-term solution for such camps and prevent the resurgence of ISIS; and (E) if left unaddressed, such camps will continue to be drivers of instability that jeopardize the long-term prospects for peace and stability in the region.", "id": "id02822cca-8847-4657-80a9-4e36c1b822b2", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(c) Statement of policy \nIt is the policy of the United States that— (1) ISIS-affiliated individuals located within displacement camps in Syria, and other inhabitants of displacement camps in Syria, be repatriated and, where appropriate, prosecuted, or where possible, reintegrated into their country of origin, consistent with all relevant domestic laws and applicable international laws prohibiting refoulement; and (2) the camps will be closed as soon as is practicable.", "id": "id17dd0d77-93ac-4234-a65d-87d4622ef7a0", "header": "Statement of policy", "nested": [], "links": [] }, { "text": "(d) Modification of establishment of coordinator for detained ISIS members and relevant displaced populations in Syria \nSection 1224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1642) is amended— (1) by striking subsection (a); (2) by amending subsection (b) to read as follows: (a) Designation \n(1) In general \nThe President, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Attorney General, shall designate an existing official to serve within the executive branch as senior-level coordinator to coordinate, in conjunction with other relevant agencies, matters related to ISIS members who are in the custody of the Syrian Democratic Forces and other relevant displaced populations in Syria, including— (A) by engaging foreign partners to support the repatriation and disposition of such individuals, including by encouraging foreign partners to repatriate, transfer, investigate, and prosecute such ISIS members, and share information; (B) coordination of all multilateral and international engagements led by the Department of State and other agencies that are related to the current and future handling, detention, and prosecution of such ISIS members; (C) the funding and coordination of the provision of technical and other assistance to foreign countries to aid in the successful investigation and prosecution of such ISIS members, as appropriate, in accordance with relevant domestic laws, international humanitarian law, and other internationally recognized human rights and rule of law standards; (D) coordination of all multilateral and international engagements related to humanitarian access and provision of basic services to, and freedom of movement and security and safe return of, displaced persons at camps or facilities in Syria that hold family members of such ISIS members; (E) coordination with relevant agencies on matters described in this section; and (F) any other matter the President considers relevant. (2) Rule of construction \nIf, on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 , an individual has already been designated, consistent with the requirements and responsibilities described in paragraph (1), the requirements under that paragraph shall be considered to be satisfied with respect to such individual until the date on which such individual no longer serves as the Senior Coordinator. ; (3) in subsection (c), by striking subsection (b) and inserting subsection (a) ; (4) in subsection (d), by striking subsection (b) and inserting subsection (a) ; (5) in subsection (e), by striking January 31, 2021 and inserting January 31, 2025 ; (6) in subsection (f)— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph (2): (2) Senior Coordinator \nThe term Senior Coordinator means the individual designated under subsection (a). ; and (C) by adding at the end the following new paragraph: (4) Relevant agencies \nThe term relevant agencies means— (A) the Department of State; (B) the Department of Defense; (C) the Department of the Treasury; (D) the Department of Justice; (E) the United States Agency for International Development; (F) the Office of the Director of National Intelligence; and (G) any other agency the President considers relevant. ; and (7) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively.", "id": "id6206e916-ed18-40e0-ba47-f4c89542639a", "header": "Modification of establishment of coordinator for detained ISIS members and relevant displaced populations in Syria", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" } ] }, { "text": "(e) Strategy on ISIS-Related detainee and displacement camps in Syria \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, the Director of National Intelligence, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Attorney General, shall submit to the appropriate committees of Congress an interagency strategy with respect to ISIS-affiliated individuals and ISIS-related detainee and other displaced persons camps in Syria. (2) Elements \nThe strategy required by paragraph (1) shall include— (A) methods to address— (i) disengagement from and prevention of recruitment into violence, violent extremism, and other illicit activity in such camps; (ii) efforts to encourage and facilitate repatriation and, as appropriate, investigation and prosecution of foreign nationals from such camps, consistent with all relevant domestic and applicable international laws; (iii) the return and reintegration of displaced Syrian and Iraqi women and children into their communities of origin; (iv) international engagement to develop processes for repatriation and reintegration of foreign nationals from such camps; (v) contingency plans for the relocation of detained and displaced persons who are not able to be repatriated from such camps; (vi) efforts to improve the humanitarian conditions in such camps, including through the delivery of medicine, psychosocial support, clothing, education, and improved housing; and (vii) assessed humanitarian and security needs of all camps and detainment facilities based on prioritization of such camps and facilities most at risk of humanitarian crises, external attacks, or internal violence; (B) an assessment of— (i) rehabilitation centers in northeast Syria, including humanitarian conditions and processes for admittance and efforts to improve both humanitarian conditions and admittance processes for such centers and camps, as well as on the prevention of youth radicalization; and (ii) processes for being sent to, and resources directed towards, rehabilitation centers and programs in countries that receive returned ISIS affiliated individuals, with a focus on the prevention of radicalization of minor children; (C) a plan to improve, in such camps— (i) security conditions, including by training of personnel and through construction; and (ii) humanitarian conditions; (D) a framework for measuring progress of humanitarian, security, and repatriation efforts with the goal of closing such camps; and (E) any other matter the Secretary of State considers appropriate. (3) Form \nThe strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex that is transmitted separately.", "id": "id331f8483-5590-406f-985e-a6d85c8a4fda", "header": "Strategy on ISIS-Related detainee and displacement camps in Syria", "nested": [], "links": [] }, { "text": "(f) Annual interagency report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter through January 31, 2025, the Senior Coordinator, in coordination with the relevant agencies, shall submit to the appropriate committees of Congress a detailed report that includes the following: (A) A detailed description of the facilities and camps where detained ISIS members, and families with perceived ISIS affiliation, are being held and housed, including— (i) a description of the security and management of such facilities and camps; (ii) an assessment of resources required for the security of such facilities and camps; (iii) an assessment of the adherence by the operators of such facilities and camps to international humanitarian law standards; and (iv) an assessment of children held within such facilities and camps that may be used as part of smuggling operations to evade security at the facilities and camps. (B) A description of all efforts undertaken by, and the resources needed for, the United States Government to address deficits in the humanitarian environment and security of such facilities and camps. (C) A description of all multilateral and international engagements related to humanitarian access and provision of basic services to, and freedom of movement and security and safe return of, displaced persons at camps or facilities in Iraq, Syria, and any other area affected by ISIS activity, including a description of— (i) support for efforts by the Syrian Democratic Forces to facilitate the return and reintegration of displaced people from Iraq and Syria; (ii) repatriation efforts with respect to displaced women and children and male children aging into adults while held in these facilities and camps; (iii) any current or future potential threat to United States national security interests posed by detained ISIS members or displaced families, including an analysis of the al-Hol camp and annexes; and (iv) United States Government plans and strategies to respond to any threat identified under clause (iii). (D) The number of individuals repatriated from the custody of the Syrian Democratic Forces. (E) An analysis of factors on the ground in Syria and Iraq that may result in the unintended release of detained or displaced ISIS members, and an assessment of any measures available to mitigate such releases. (F) A detailed description of efforts to encourage the final disposition and security of detained or displaced ISIS members with other countries and international organizations. (G) A description of foreign repatriation and rehabilitation programs deemed successful systems to model, and an analysis of the long-term results of such programs. (H) A description of the manner in which the United States Government communicates regarding repatriation and disposition efforts with the families of United States citizens believed to have been victims of a criminal act by a detained or displaced ISIS member, in accordance with section 503(c) of the Victims' Rights and Restitution Act of 1990 ( 34 U.S.C. 20141(c) ) and section 3771 of title 18, United States Code. (I) An analysis of all efforts between the United States and partner countries within the Global Coalition to Defeat ISIS or other countries to share related information that may aid in resolving the final disposition of ISIS members, and any obstacles that may hinder such efforts. (J) Any other matter the Coordinator considers appropriate. (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex that is transmitted separately.", "id": "id3e1f01a8-83ba-41b6-a1e6-3f6fa4886fd2", "header": "Annual interagency report", "nested": [], "links": [ { "text": "34 U.S.C. 20141(c)", "legal-doc": "usc", "parsable-cite": "usc/34/20141" } ] }, { "text": "(g) Rule of construction \nNothing in this section, or an amendment made by this section, may be construed— (1) to limit the authority of any Federal agency to independently carry out the authorized functions of such agency; or (2) to impair or otherwise affect the activities performed by that agency as granted by law.", "id": "id89B56EB60BCB48B193A06FA8F803801F", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "34 U.S.C. 20141(c)", "legal-doc": "usc", "parsable-cite": "usc/34/20141" } ] }, { "text": "1331. Extension and modification of Ukraine Security Assistance Initiative \n(a) Funding \nSubsection (f) of section 1250 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1068) is amended— (1) in the matter preceding paragraph (1), by striking for overseas contingency operations ; and (2) by adding at the end the following new paragraph: (9) For fiscal year 2024, $300,000,000.. (b) Termination of authority \nSubsection (h) of such section is amended by striking December 31, 2024 and inserting December 31, 2027.", "id": "idBC721A6AC95A49BD94944839FFE80BAD", "header": "Extension and modification of Ukraine Security Assistance Initiative", "nested": [ { "text": "(a) Funding \nSubsection (f) of section 1250 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1068) is amended— (1) in the matter preceding paragraph (1), by striking for overseas contingency operations ; and (2) by adding at the end the following new paragraph: (9) For fiscal year 2024, $300,000,000..", "id": "id82504b14983b4e94b18008079bfb1f40", "header": "Funding", "nested": [], "links": [ { "text": "Public Law 114–92", "legal-doc": "public-law", "parsable-cite": "pl/114/92" } ] }, { "text": "(b) Termination of authority \nSubsection (h) of such section is amended by striking December 31, 2024 and inserting December 31, 2027.", "id": "id9a10e99d9bfd4973b939df66721f9a51", "header": "Termination of authority", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 114–92", "legal-doc": "public-law", "parsable-cite": "pl/114/92" } ] }, { "text": "1332. Extension and modification of training for Eastern European national security forces in the course of multilateral exercises \nSection 1251 of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 333 note) is amended— (1) in subsection (c)(1), by adding at the end the following new subparagraph: (C) The Republic of Kosovo. ; and (2) in subsection (h)— (A) in the first sentence, by striking December 31, 2024 and inserting December 31, 2026 ; and (B) in the second sentence, by striking December 31, 2024. and inserting December 31, 2026.", "id": "id33C808314E2046CA9C24B64AF09D2A9B", "header": "Extension and modification of training for Eastern European national security forces in the course of multilateral exercises", "nested": [], "links": [ { "text": "10 U.S.C. 333", "legal-doc": "usc", "parsable-cite": "usc/10/333" } ] }, { "text": "1333. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine \nSection 1245(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended by striking None of the funds and all that follows through 2023 and inserting None of the funds authorized to be appropriated for fiscal year 2023 or 2024.", "id": "IDefa8d010c177459aa87e24f461b402df", "header": "Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1334. Extension and modification of temporary authorizations related to Ukraine and other matters \nSection 1244 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended— (1) in subsection (a)(7), by striking September 30, 2024 and inserting September 30, 2025 ; and (2) in subsection (c)(1)— (A) in the matter preceding subparagraph (A), by inserting or fiscal year 2024 after fiscal year 2023 ; (B) in subparagraph (P), by striking ; and and inserting a semicolon; (C) in subparagraph (Q), by striking the period at the end and inserting ; and ; and (D) by inserting at the end the following new subparagraphs: (R) 3,300 Tomahawk Cruise Missiles; (S) 1,100 Precision Strike Missiles (PrSM); (T) 550 Mark 48 Torpedoes; (U) 1,650 RIM–162 Evolved Sea Sparrow Missiles (ESSM); (V) 1,980 RIM–116 Rolling Airframe Missiles (RAM); and (W) 11,550 Small Diameter Bomb IIs (SDB–II)..", "id": "id07A9908BC59B4B5BA5E05B3D05428289", "header": "Extension and modification of temporary authorizations related to Ukraine and other matters", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1335. Prioritization for basing, training, and exercises in North Atlantic Treaty Organization member countries \n(a) In general \nSubject to subsection (b), when considering decisions related to United States military basing, training, and exercises, the Secretary of Defense shall prioritize those North Atlantic Treaty Organization member countries that have achieved defense spending of not less than 2 percent of their gross domestic product by 2024. (b) Waiver \nThe Secretary of Defense may waive subsection (a) if the Secretary submits a certification to the congressional defense committees that a waiver is in the national security interests of the United States.", "id": "id4593e9182f064471adcb3bef71c6f01c", "header": "Prioritization for basing, training, and exercises in North Atlantic Treaty Organization member countries", "nested": [ { "text": "(a) In general \nSubject to subsection (b), when considering decisions related to United States military basing, training, and exercises, the Secretary of Defense shall prioritize those North Atlantic Treaty Organization member countries that have achieved defense spending of not less than 2 percent of their gross domestic product by 2024.", "id": "id1d0e6764e2024dfebe29e6b0f50f9460", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Waiver \nThe Secretary of Defense may waive subsection (a) if the Secretary submits a certification to the congressional defense committees that a waiver is in the national security interests of the United States.", "id": "id3b744f5a755c4a94aa8976a9ba4a096c", "header": "Waiver", "nested": [], "links": [] } ], "links": [] }, { "text": "1336. Study and report on lessons learned regarding information operations and deterrence \n(a) Study \n(1) In general \nThe Secretary of Defense shall seek to enter into a contract or other agreement with an eligible entity to conduct an independent study on lessons learned from information operations conducted by the United States, Ukraine, the Russian Federation, and member countries of the North Atlantic Treaty Organization during the lead-up to the Russian Federation's full-scale invasion of Ukraine in 2022 and throughout the conflict. (2) Element \nThe study required by paragraph (1) shall include recommendations for improvements to United States information operations to enhance effectiveness, as well as recommendations on how information operations may be improved to support the maintenance of deterrence. (b) Report \n(1) In general \nNot later than one year after the date of the enactment of this Act, Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study in its entirety, along with any such comments as the Secretary considers relevant. (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (c) Eligible entity defined \nIn this section, the term eligible entity — (1) means an entity independent of the Department of Defense that is not under the direction or control of the Secretary of Defense; and (2) an independent, nongovernmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that has recognized credentials and expertise in national security and military affairs appropriate for the assessment.", "id": "idbb7a357999cc417f9d619a6082847638", "header": "Study and report on lessons learned regarding information operations and deterrence", "nested": [ { "text": "(a) Study \n(1) In general \nThe Secretary of Defense shall seek to enter into a contract or other agreement with an eligible entity to conduct an independent study on lessons learned from information operations conducted by the United States, Ukraine, the Russian Federation, and member countries of the North Atlantic Treaty Organization during the lead-up to the Russian Federation's full-scale invasion of Ukraine in 2022 and throughout the conflict. (2) Element \nThe study required by paragraph (1) shall include recommendations for improvements to United States information operations to enhance effectiveness, as well as recommendations on how information operations may be improved to support the maintenance of deterrence.", "id": "id679566e3370242a2b9b2c667bf36abc9", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \n(1) In general \nNot later than one year after the date of the enactment of this Act, Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study in its entirety, along with any such comments as the Secretary considers relevant. (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.", "id": "idfcc05fea22bd4ce4bf8d2885e0617563", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Eligible entity defined \nIn this section, the term eligible entity — (1) means an entity independent of the Department of Defense that is not under the direction or control of the Secretary of Defense; and (2) an independent, nongovernmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that has recognized credentials and expertise in national security and military affairs appropriate for the assessment.", "id": "id8bf43d0e5e084313aea374868b9e62d5", "header": "Eligible entity defined", "nested": [], "links": [ { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] } ], "links": [ { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "1337. Report on progress on multi-year strategy and plan for the Baltic Security Initiative \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional defense committees a report on the progress made in the implementation of the multi-year strategy and spending plan set forth in the June 2021 report of the Department of Defense entitled Report to Congress on the Baltic Security Initiative. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An identification of any significant change to the goals, objectives, and milestones identified in the June 2021 report described in subsection (a), in light of the radically changed security environment in the Baltic region after the full-scale invasion of Ukraine by the Russian Federation on February 24, 2022, and with consideration to enhancing the deterrence and defense posture of the North Atlantic Treaty Organization in the Baltic region, including through the implementation of the regional defense plans of the North Atlantic Treaty Organization. (2) An update on the Department of Defense funding allocated for such strategy and spending plan for fiscal years 2022 and 2023 and projected funding requirements for fiscal years 2024, 2025, and 2026 for each goal identified in such report. (3) An update on the host country funding allocated and planned for each such goal. (4) An assessment of the progress made in the implementation of the recommendations set forth in the fiscal year 2020 Baltic Defense Assessment, and reaffirmed in the June 2021 report described in subsection (a), that each Baltic country should— (A) increase its defense budget; (B) focus on and budget for sustainment of capabilities in defense planning; and (C) consider combined units for expensive capabilities such as air defense, rocket artillery, and engineer assets.", "id": "id712DFBF2D98D4FCE87821CB3F5850401", "header": "Report on progress on multi-year strategy and plan for the Baltic Security Initiative", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional defense committees a report on the progress made in the implementation of the multi-year strategy and spending plan set forth in the June 2021 report of the Department of Defense entitled Report to Congress on the Baltic Security Initiative.", "id": "idae13346af0024455b1f8a717dead2cae", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall include the following: (1) An identification of any significant change to the goals, objectives, and milestones identified in the June 2021 report described in subsection (a), in light of the radically changed security environment in the Baltic region after the full-scale invasion of Ukraine by the Russian Federation on February 24, 2022, and with consideration to enhancing the deterrence and defense posture of the North Atlantic Treaty Organization in the Baltic region, including through the implementation of the regional defense plans of the North Atlantic Treaty Organization. (2) An update on the Department of Defense funding allocated for such strategy and spending plan for fiscal years 2022 and 2023 and projected funding requirements for fiscal years 2024, 2025, and 2026 for each goal identified in such report. (3) An update on the host country funding allocated and planned for each such goal. (4) An assessment of the progress made in the implementation of the recommendations set forth in the fiscal year 2020 Baltic Defense Assessment, and reaffirmed in the June 2021 report described in subsection (a), that each Baltic country should— (A) increase its defense budget; (B) focus on and budget for sustainment of capabilities in defense planning; and (C) consider combined units for expensive capabilities such as air defense, rocket artillery, and engineer assets.", "id": "id32158fd21a5d4abab7535c91c41caeab", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "1338. Sense of the Senate on the North Atlantic Treaty Organization \nIt is the sense of the Senate that— (1) the success of the North Atlantic Treaty Organization is critical to advancing United States national security objectives in Europe, the Indo-Pacific region, and around the world; (2) the North Atlantic Treaty Organization remains the strongest and most successful military alliance in the world, founded on a commitment by its members to uphold the principles of democracy, individual liberty, and the rule of law; (3) the United States reaffirms its ironclad commitment— (A) to the North Atlantic Treaty Organization as the foundation of transatlantic security; and (B) to upholding its obligations under the North Atlantic Treaty, including Article 5; (4) the unprovoked and illegal invasion of Ukraine by the Russian Federation has upended security in Europe and requires the full attention of the transatlantic alliance; (5) welcoming Finland as the 31st member of the North Atlantic Treaty Organization has made the North Atlantic Treaty Organization Alliance stronger and the remaining North Atlantic Treaty Organization member countries should swiftly ratify the accession protocols of Sweden so as to bolster the collective security of the North Atlantic Treaty Organization by increasing the security and stability of the Baltic Sea region and Northern Europe; (6) the North Atlantic Treaty Organization member countries that have not yet met the two-percent defense spending pledge, as agreed to at the 2014 Wales Summit, should endeavor to meet the timeline as expeditiously as possible, but certainly within the five-year period beginning on the date of the enactment of this Act; (7) the United States and North Atlantic Treaty Organization allies and partners should continue efforts to identify, synchronize, and deliver needed assistance to Ukraine as Ukraine continues the fight against the illegal and unjust war of the Russian Federation; (8) the Strategic Concept, agreed to by all North Atlantic Treaty Organization member countries at the Madrid Summit in 2022, outlined the focus of the North Atlantic Treaty Organization for the upcoming decade, and North Atlantic Treaty Organization allies should continue to implement the strategies outlined, including by making efforts to address the challenges posed by the coercive policies of the People's Republic of China that undermine the interests, security, and shared values of the North Atlantic Treaty Organization Alliance; (9) the United States and North Atlantic Treaty Organization allies should continue long-term efforts— (A) to improve interoperability among the military forces of member countries of the North Atlantic Treaty Organization so as to enhance collective operations, including the divestment of Soviet-era capabilities; (B) to enhance security sector cooperation and explore opportunities to reinforce civil sector preparedness and resilience measures that may be likely targets of malign influence campaigns; (C) to mitigate the impact of hybrid warfare operations, particularly those in the information and cyber domains; and (D) to expand joint research and development initiatives with a focus on emerging technologies such as quantum computing, artificial intelligence, and machine learning, including through the work of the Defence Innovation Accelerator for the North Atlantic initiative (commonly known as DIANA ); (10) the European Deterrence Initiative remains critically important and has demonstrated its unique value to the United States and North Atlantic Treaty Organization allies during the current Russian Federation-created war against Ukraine; (11) the United States should continue to work with North Atlantic Treaty Organization allies, and other allies and partners, to build permanent mechanisms to strengthen supply chains, enhance supply chain security, and fill supply chain gaps; (12) the United States should prioritize collaboration with North Atlantic Treaty Organization allies to secure enduring and robust critical munitions supply chains so as to increase military readiness; (13) the United States and the North Atlantic Treaty Organization should expand cooperation efforts on cybersecurity issues to prevent adversaries and criminals from compromising critical systems and infrastructure; and (14) it is in the interest of the United States that the North Atlantic Treaty Organization adopt a robust strategy toward the Black Sea, and the United States should also consider working with interested partner countries to advance a coordinated strategy inclusive of diverse elements of transatlantic security architecture in the Black Sea region.", "id": "id90829C64DD5948F496DADB957E5E7629", "header": "Sense of the Senate on the North Atlantic Treaty Organization", "nested": [], "links": [] }, { "text": "1339. Sense of the Senate on Defence Innovation Accelerator for the North Atlantic (DIANA) in the North Atlantic Treaty Organization \nIt is the sense of the Senate that— (1) the new initiative within the North Atlantic Treaty Organization (NATO) to establish a new research and development initiative, known as the Defence Innovation Accelerator for the North Atlantic (DIANA), is an important step in aligning the industry and academic innovation communities of the NATO member states towards common goals for identifying, experimenting, and transitioning critical technologies of importance to NATO; (2) DIANA will spur increased defense research and development funding to rapidly adapt to a new era of strategic competition by bringing defense personnel together with NATO’s leading entrepreneurs and academic researchers; (3) DIANA will also increase opportunities for engagement on NATO’s priority technology areas, including artificial intelligence, data, autonomy, quantum-enabled technologies, biotechnology, hypersonic technologies, space, novel materials and manufacturing, and energy and propulsion; and (4) through DIANA, NATO allies will foster innovative ecosystems and develop talent for dual use technologies to maintain NATO’s strategic advantage.", "id": "id55834ecbebed4bb7a2f6ee3627a46ef2", "header": "Sense of the Senate on Defence Innovation Accelerator for the North Atlantic (DIANA) in the North Atlantic Treaty Organization", "nested": [], "links": [] }, { "text": "1340. Sense of the Senate regarding the arming of Ukraine \nIt is the sense of the Senate that Ukraine would derive military benefit from the provision of munitions such as the dual-purpose improved conventional munition (DPICM). Such weapons could be fired from systems in the existing Ukrainian inventory and would enhance Ukraine’s stockpile of available munitions and would bolster Ukraine’s efforts to end Russia’s illegal and unjust war. The Department of Defense, in concert with the other members of the Ukraine Defense Contract Group, should continue to support Ukraine’s brave fight to defeat the invasion of the Russian Federation. The Department of Defense, in close coordination with the State Department, should assess the feasibility and advisability of providing such munitions, including giving appropriate attention to humanitarian considerations, including supporting Ukraine’s effort to end the widespread suffering of the Ukrainian people by bringing Russia’s war of choice to an end as soon as possible on terms favorable to Ukraine, as well as the views of other members of the Ukraine Defense Contract Group.", "id": "id0d18c890dbef4ed2b62f7c0cdadfb625", "header": "Sense of the Senate regarding the arming of Ukraine", "nested": [], "links": [] }, { "text": "1341. Indo-Pacific Campaigning Initiative \n(a) In general \nThe Secretary of Defense shall establish, and the Commander of the United States Indo-Pacific Command shall carry out, an Indo-Pacific Campaigning Initiative (in this section referred to as the Initiative ) for purposes of— (1) strengthening United States alliances and partnerships with foreign military partners in the Indo-Pacific region; (2) deterring military aggression by potential adversaries against the United States and allies and partners of the United States; (3) dissuading strategic competitors from seeking to achieve their objectives through the conduct of military activities below the threshold of traditional armed conflict; (4) improving the understanding of the United States Armed Forces with respect to the operating environment in the Indo-Pacific region; (5) shaping the perception of potential adversaries with respect to United States military capabilities and the military capabilities of allies and partners of the United States in the Indo-Pacific region; and (6) improving the ability of the United States Armed Forces to coordinate and operate with foreign military partners in the Indo-Pacific region. (b) Briefing and report \n(1) Briefing \nNot later than March 1, 2024, the Secretary shall provide the congressional defense committees with a briefing that describes ongoing and planned campaigning activities in the Indo-Pacific region for fiscal year 2024. (2) Report \nNot later than December 1, 2024, the Secretary shall submit to the congressional defense committees a report that— (A) summarizes the campaigning activities conducted in the Indo-Pacific region during fiscal year 2024; and (B) includes— (i) a value assessment of each such activity; (ii) lessons learned in carrying out such activities; (iii) any identified resource or authority gap that has negatively impacted the implementation of the Initiative; and (iv) proposed plans for additional campaigning activities in the Indo-Pacific region to fulfill the purposes described in subsection (a). (c) Campaigning defined \nIn this section, the term campaigning — (1) means the conduct and sequencing of logically linked military activities to achieve strategy-aligned objectives, including modifying the security environment over time to the benefit of the United States and the allies and partners of the United States while limiting, frustrating, and disrupting competitor activities; and (2) includes deliberately planned military activities in the Indo-Pacific region involving bilateral and multilateral engagements with foreign partners, training, exercises, demonstrations, experiments, and other activities to achieve the objectives described in subsection (a).", "id": "id92C98023F0084AF2B7E45A7FEE9FC4F2", "header": "Indo-Pacific Campaigning Initiative", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall establish, and the Commander of the United States Indo-Pacific Command shall carry out, an Indo-Pacific Campaigning Initiative (in this section referred to as the Initiative ) for purposes of— (1) strengthening United States alliances and partnerships with foreign military partners in the Indo-Pacific region; (2) deterring military aggression by potential adversaries against the United States and allies and partners of the United States; (3) dissuading strategic competitors from seeking to achieve their objectives through the conduct of military activities below the threshold of traditional armed conflict; (4) improving the understanding of the United States Armed Forces with respect to the operating environment in the Indo-Pacific region; (5) shaping the perception of potential adversaries with respect to United States military capabilities and the military capabilities of allies and partners of the United States in the Indo-Pacific region; and (6) improving the ability of the United States Armed Forces to coordinate and operate with foreign military partners in the Indo-Pacific region.", "id": "idfd536c14f22b44caafb40f30ee1eaddf", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Briefing and report \n(1) Briefing \nNot later than March 1, 2024, the Secretary shall provide the congressional defense committees with a briefing that describes ongoing and planned campaigning activities in the Indo-Pacific region for fiscal year 2024. (2) Report \nNot later than December 1, 2024, the Secretary shall submit to the congressional defense committees a report that— (A) summarizes the campaigning activities conducted in the Indo-Pacific region during fiscal year 2024; and (B) includes— (i) a value assessment of each such activity; (ii) lessons learned in carrying out such activities; (iii) any identified resource or authority gap that has negatively impacted the implementation of the Initiative; and (iv) proposed plans for additional campaigning activities in the Indo-Pacific region to fulfill the purposes described in subsection (a).", "id": "id3b4467bf6c2d438cb75b32d67515eb5b", "header": "Briefing and report", "nested": [], "links": [] }, { "text": "(c) Campaigning defined \nIn this section, the term campaigning — (1) means the conduct and sequencing of logically linked military activities to achieve strategy-aligned objectives, including modifying the security environment over time to the benefit of the United States and the allies and partners of the United States while limiting, frustrating, and disrupting competitor activities; and (2) includes deliberately planned military activities in the Indo-Pacific region involving bilateral and multilateral engagements with foreign partners, training, exercises, demonstrations, experiments, and other activities to achieve the objectives described in subsection (a).", "id": "id777bae58cccd43968056c3812635da1d", "header": "Campaigning defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1342. Training, advising, and institutional capacity-building program for military forces of Taiwan \n(a) Establishment \nConsistent with the Taiwan Relations Act ( 22 U.S.C. 3301 et seq. ) and the Taiwan Enhanced Resilience Act (subtitle A of title LV of Public Law 117–263 ), the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with appropriate officials of Taiwan, shall establish a comprehensive training, advising, and institutional capacity-building program for the military forces of Taiwan using the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense. (b) Purposes \nThe purposes of the program established under subsection (a) shall be— (1) to enable a layered defense of Taiwan by the military forces of Taiwan, including in support of the use of an asymmetric defense strategy; (2) to enhance interoperability between the United States Armed Forces and the military forces of Taiwan; (3) to encourage information sharing between the United States Armed Forces and the military forces of Taiwan; (4) to promote joint force employment; and (5) to improve professional military education and the civilian control of the military. (c) Elements \nThe program established under subsection (a) shall include efforts to improve— (1) the tactical proficiency of the military forces of Taiwan; (2) the operational employment of the military forces of Taiwan to conduct a layered defense of Taiwan, including in support of an asymmetric defense strategy; (3) the employment of joint military capabilities by the military forces of Taiwan, including through joint military training, exercises, and planning; (4) the reform and integration of the reserve military forces of Taiwan; (5) the use of defense articles and services transferred from the United States to Taiwan; (6) the integration of the military forces of Taiwan with relevant civilian agencies, including the All-Out Defense Mobilization Agency; (7) the ability of Taiwan to participate in bilateral and multilateral military exercises, as appropriate; (8) the defensive cyber capabilities and practices of the Ministry of National Defense of Taiwan; and (9) any other matter the Secretary of Defense considers relevant. (d) Deconfliction, coordination, and concurrence \nThe Secretary of Defense shall deconflict, coordinate, and seek the concurrence of the Secretary of State and the heads of other relevant departments and agencies with respect to activities carried out under the program required by subsection (a), in accordance with the requirements of the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense. (e) Reporting \nAs part of each annual report on Taiwan defensive military capabilities and intelligence support required by section 1248 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1988), the Secretary of Defense shall provide— (1) an update on efforts made to address each element under subsection (c); and (2) an identification of any authority or resource shortfall that inhibits such efforts.", "id": "id6983878051FD4F6EAEBDC423B624FB2B", "header": "Training, advising, and institutional capacity-building program for military forces of Taiwan", "nested": [ { "text": "(a) Establishment \nConsistent with the Taiwan Relations Act ( 22 U.S.C. 3301 et seq. ) and the Taiwan Enhanced Resilience Act (subtitle A of title LV of Public Law 117–263 ), the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with appropriate officials of Taiwan, shall establish a comprehensive training, advising, and institutional capacity-building program for the military forces of Taiwan using the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.", "id": "id24296a73dcaf449a91aad3675b5f4161", "header": "Establishment", "nested": [], "links": [ { "text": "22 U.S.C. 3301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/3301" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "chapter 16", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/16" } ] }, { "text": "(b) Purposes \nThe purposes of the program established under subsection (a) shall be— (1) to enable a layered defense of Taiwan by the military forces of Taiwan, including in support of the use of an asymmetric defense strategy; (2) to enhance interoperability between the United States Armed Forces and the military forces of Taiwan; (3) to encourage information sharing between the United States Armed Forces and the military forces of Taiwan; (4) to promote joint force employment; and (5) to improve professional military education and the civilian control of the military.", "id": "idb6e39a02b03c4eed96249ce5e6b05895", "header": "Purposes", "nested": [], "links": [] }, { "text": "(c) Elements \nThe program established under subsection (a) shall include efforts to improve— (1) the tactical proficiency of the military forces of Taiwan; (2) the operational employment of the military forces of Taiwan to conduct a layered defense of Taiwan, including in support of an asymmetric defense strategy; (3) the employment of joint military capabilities by the military forces of Taiwan, including through joint military training, exercises, and planning; (4) the reform and integration of the reserve military forces of Taiwan; (5) the use of defense articles and services transferred from the United States to Taiwan; (6) the integration of the military forces of Taiwan with relevant civilian agencies, including the All-Out Defense Mobilization Agency; (7) the ability of Taiwan to participate in bilateral and multilateral military exercises, as appropriate; (8) the defensive cyber capabilities and practices of the Ministry of National Defense of Taiwan; and (9) any other matter the Secretary of Defense considers relevant.", "id": "id2f142885f8634a53b1da278357cbf169", "header": "Elements", "nested": [], "links": [] }, { "text": "(d) Deconfliction, coordination, and concurrence \nThe Secretary of Defense shall deconflict, coordinate, and seek the concurrence of the Secretary of State and the heads of other relevant departments and agencies with respect to activities carried out under the program required by subsection (a), in accordance with the requirements of the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.", "id": "id8d2138ce53cd4246a1902b19f635aa79", "header": "Deconfliction, coordination, and concurrence", "nested": [], "links": [ { "text": "chapter 16", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/16" } ] }, { "text": "(e) Reporting \nAs part of each annual report on Taiwan defensive military capabilities and intelligence support required by section 1248 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1988), the Secretary of Defense shall provide— (1) an update on efforts made to address each element under subsection (c); and (2) an identification of any authority or resource shortfall that inhibits such efforts.", "id": "id871cbc1f2cb0403a8f3482d2f76a0a47", "header": "Reporting", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] } ], "links": [ { "text": "22 U.S.C. 3301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/3301" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "chapter 16", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/16" }, { "text": "chapter 16", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/16" }, { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "1343. Indo-Pacific Maritime Domain Awareness Initiative \n(a) Establishment \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall seek to establish an initiative with allies and partners of the United States, including Australia, Japan, and India, to be known as the Indo-Pacific Maritime Domain Awareness Initiative (in this section referred to as the Initiative ), to bolster maritime domain awareness in the Indo-Pacific region. (b) Use of authorities \nIn carrying out the Initiative, the Secretary of Defense may use the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense. (c) Purposes \nThe purposes of the Initiative are as follows: (1) To enhance the ability of allies and partners of the United States in the Indo-Pacific region to fully monitor the maritime domain of such region. (2) To leverage emerging technologies to support maritime domain awareness objectives. (3) To provide a comprehensive understanding of the maritime domain in the Indo-Pacific region, including by facilitating information sharing among such allies and partners. (d) Report \nNot later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report that outlines ongoing and planned activities of the Initiative, and the resources needed to carry out the such activities, for fiscal year 2025.", "id": "idC4C93C6E313E4D8E9906FA60208E9F8B", "header": "Indo-Pacific Maritime Domain Awareness Initiative", "nested": [ { "text": "(a) Establishment \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall seek to establish an initiative with allies and partners of the United States, including Australia, Japan, and India, to be known as the Indo-Pacific Maritime Domain Awareness Initiative (in this section referred to as the Initiative ), to bolster maritime domain awareness in the Indo-Pacific region.", "id": "id663d855c09aa434cbfa3bbd5877a95ad", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Use of authorities \nIn carrying out the Initiative, the Secretary of Defense may use the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.", "id": "idba916521d6e2462dbacf0bcd34c42de1", "header": "Use of authorities", "nested": [], "links": [ { "text": "chapter 16", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/16" } ] }, { "text": "(c) Purposes \nThe purposes of the Initiative are as follows: (1) To enhance the ability of allies and partners of the United States in the Indo-Pacific region to fully monitor the maritime domain of such region. (2) To leverage emerging technologies to support maritime domain awareness objectives. (3) To provide a comprehensive understanding of the maritime domain in the Indo-Pacific region, including by facilitating information sharing among such allies and partners.", "id": "id620b84bf08a34969af12e8d8b0c40f83", "header": "Purposes", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report that outlines ongoing and planned activities of the Initiative, and the resources needed to carry out the such activities, for fiscal year 2025.", "id": "id2421904739dc415fbff06c5786ea2bae", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "chapter 16", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/16" } ] }, { "text": "1344. Extension of Pacific Deterrence Initiative \n(a) Extension \nSubsection (c) of section 1251 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 note) is amended— (1) by striking the National Defense Authorization Act for Fiscal Year 2023 and inserting the National Defense Authorization Act for Fiscal Year 2024 ; and (2) by striking fiscal year 2023 and inserting fiscal year 2024. (b) Report on resourcing United States defense requirements for the Indo-Pacific region and study on competitive strategies \nSubsection (d)(1)(A) of such section is amended by striking fiscal years 2023 and 2024 and inserting fiscal years 2024 and 2025.", "id": "id27A829E269224D8C90B38E0F0433A934", "header": "Extension of Pacific Deterrence Initiative", "nested": [ { "text": "(a) Extension \nSubsection (c) of section 1251 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 note) is amended— (1) by striking the National Defense Authorization Act for Fiscal Year 2023 and inserting the National Defense Authorization Act for Fiscal Year 2024 ; and (2) by striking fiscal year 2023 and inserting fiscal year 2024.", "id": "id8fca98dbe00941c39634fef2518704dd", "header": "Extension", "nested": [], "links": [ { "text": "10 U.S.C. 113", "legal-doc": "usc", "parsable-cite": "usc/10/113" } ] }, { "text": "(b) Report on resourcing United States defense requirements for the Indo-Pacific region and study on competitive strategies \nSubsection (d)(1)(A) of such section is amended by striking fiscal years 2023 and 2024 and inserting fiscal years 2024 and 2025.", "id": "idae6128795b2343d8a648ddf295e474f6", "header": "Report on resourcing United States defense requirements for the Indo-Pacific region and study on competitive strategies", "nested": [], "links": [] } ], "links": [ { "text": "10 U.S.C. 113", "legal-doc": "usc", "parsable-cite": "usc/10/113" } ] }, { "text": "1345. Extension of authority to transfer funds for Bien Hoa dioxin cleanup \nSection 1253(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3955) is amended by striking fiscal year 2023 and inserting fiscal year 2024.", "id": "id93F434E12B9A4E76AB1AE7A9A9C5C403", "header": "Extension of authority to transfer funds for Bien Hoa dioxin cleanup", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "1346. Extension and modification of pilot program to improve cyber cooperation with foreign military partners in Southeast Asia \n(a) In general \nSubsection (a) of section 1256 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3956; 10 U.S.C. 333 note) is amended— (1) in the matter preceding paragraph (1), by striking in Vietnam, Thailand, and Indonesia and inserting with covered foreign military partners ; (2) in paragraph (1), by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners ; and (3) in paragraph (2), by striking Vietnam, Thailand, and Indonesia on and inserting covered foreign military partners on defensive. (b) Elements \nSubsection (b) of such section is amended— (1) in paragraph (1), by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners ; and (2) in paragraph (2), by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners. (c) Reports \nSubsection (c)(2)(B) of such title is amended by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners. (d) Certification \nSubsection (d) of such section is amended— (1) by inserting with any covered foreign military partner after scheduled to commence ; and (2) by striking Vietnam, Indonesia, or Thailand and inserting the covered foreign military partner. (e) Extension \nSubsection (e) of such section is amended by striking December 31, 2024 and inserting December 31, 2029. (f) Definitions \nSubsection (f) of such section is amended to read as follows: (f) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. (2) Covered foreign military partner \nThe term covered foreign military partner means the following: (A) Vietnam. (B) Thailand. (C) Indonesia. (D) The Philippines. (E) Malaysia.. (g) Conforming amendments \n(1) Section 1256 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3956; 10 U.S.C. 333 note) is amended, in the section heading, by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners in Southeast Asia. (2) The table of contents for the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3388) is amended by striking the item relating to section 1256 and inserting the following: Sec. 1256. Pilot program to improve cyber cooperation with covered foreign military partners in Southeast Asia.. (3) The table of contents for title XII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3905) is amended by striking the item relating to section 1256 and inserting the following: Sec. 1256. Pilot program to improve cyber cooperation with covered foreign military partners in Southeast Asia..", "id": "id456A9B9852FA4BB89DFF30E606674118", "header": "Extension and modification of pilot program to improve cyber cooperation with foreign military partners in Southeast Asia", "nested": [ { "text": "(a) In general \nSubsection (a) of section 1256 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3956; 10 U.S.C. 333 note) is amended— (1) in the matter preceding paragraph (1), by striking in Vietnam, Thailand, and Indonesia and inserting with covered foreign military partners ; (2) in paragraph (1), by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners ; and (3) in paragraph (2), by striking Vietnam, Thailand, and Indonesia on and inserting covered foreign military partners on defensive.", "id": "idef483895e51b456bbfd0438b3fc5c488", "header": "In general", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 333", "legal-doc": "usc", "parsable-cite": "usc/10/333" } ] }, { "text": "(b) Elements \nSubsection (b) of such section is amended— (1) in paragraph (1), by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners ; and (2) in paragraph (2), by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners.", "id": "id8e1097d28d9d4ff4ac0c4219bb4f438e", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Reports \nSubsection (c)(2)(B) of such title is amended by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners.", "id": "id79889633f9e446359db01e68ab2f8802", "header": "Reports", "nested": [], "links": [] }, { "text": "(d) Certification \nSubsection (d) of such section is amended— (1) by inserting with any covered foreign military partner after scheduled to commence ; and (2) by striking Vietnam, Indonesia, or Thailand and inserting the covered foreign military partner.", "id": "id990148d84c564ad097dbe9f11cac361f", "header": "Certification", "nested": [], "links": [] }, { "text": "(e) Extension \nSubsection (e) of such section is amended by striking December 31, 2024 and inserting December 31, 2029.", "id": "idc05bca63956a4b7e8bc53dc24a5f8c0b", "header": "Extension", "nested": [], "links": [] }, { "text": "(f) Definitions \nSubsection (f) of such section is amended to read as follows: (f) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. (2) Covered foreign military partner \nThe term covered foreign military partner means the following: (A) Vietnam. (B) Thailand. (C) Indonesia. (D) The Philippines. (E) Malaysia..", "id": "id8cfdb4f1832c497cb7a3c15537ae6893", "header": "Definitions", "nested": [], "links": [] }, { "text": "(g) Conforming amendments \n(1) Section 1256 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3956; 10 U.S.C. 333 note) is amended, in the section heading, by striking Vietnam, Thailand, and Indonesia and inserting covered foreign military partners in Southeast Asia. (2) The table of contents for the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3388) is amended by striking the item relating to section 1256 and inserting the following: Sec. 1256. Pilot program to improve cyber cooperation with covered foreign military partners in Southeast Asia.. (3) The table of contents for title XII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3905) is amended by striking the item relating to section 1256 and inserting the following: Sec. 1256. Pilot program to improve cyber cooperation with covered foreign military partners in Southeast Asia..", "id": "id610919ff769b4645ba00173501413d06", "header": "Conforming amendments", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 333", "legal-doc": "usc", "parsable-cite": "usc/10/333" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 333", "legal-doc": "usc", "parsable-cite": "usc/10/333" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 333", "legal-doc": "usc", "parsable-cite": "usc/10/333" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "1347. Extension and modification of certain temporary authorizations \n(a) In general \nSection 1244 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2844) is amended— (1) in the section heading, by striking other matters and inserting Taiwan ; and (2) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting or the Government of Taiwan after the Government of Ukraine ; and (ii) in subparagraph (C), by inserting or the Government of Taiwan after the Government of Ukraine ; (B) in paragraph (5)— (i) by striking subparagraph (A) and inserting the following: (A) the replacement of defense articles from stocks of the Department of Defense provided to— (i) the Government of Ukraine; (ii) foreign countries that have provided support to Ukraine at the request of the United States; (iii) the Government of Taiwan; or (iv) foreign countries that have provided support to Taiwan at the request of the United States; or ; and (ii) in subparagraph (B), by inserting or the Government of Taiwan before the period at the end; (C) in paragraph (7), by striking September 30, 2024 and inserting September 30, 2028 ; (D) by redesignating paragraph (7) as paragraph (8); and (E) by inserting after paragraph (6) the following new paragraph (7): (7) Notification \nNot later than 7 days after the exercise of authority under subsection (a) the Secretary of Defense shall notify the congressional defense committees of the specific authority exercises, the relevant contract, and the estimated reductions in schedule.. (b) Clerical amendments \n(1) The table of contents at the beginning of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2395) is amended by striking the item relating to section 1244 and inserting the following: Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.. (2) The table of contents at the beginning of title XII of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2820) is amended by striking the item relating to section 1244 and inserting the following: Sec. 1244. Temporary authorizations related to Ukraine and Taiwan..", "id": "id977392ee29bb47a7a149e05514722790", "header": "Extension and modification of certain temporary authorizations", "nested": [ { "text": "(a) In general \nSection 1244 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2844) is amended— (1) in the section heading, by striking other matters and inserting Taiwan ; and (2) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting or the Government of Taiwan after the Government of Ukraine ; and (ii) in subparagraph (C), by inserting or the Government of Taiwan after the Government of Ukraine ; (B) in paragraph (5)— (i) by striking subparagraph (A) and inserting the following: (A) the replacement of defense articles from stocks of the Department of Defense provided to— (i) the Government of Ukraine; (ii) foreign countries that have provided support to Ukraine at the request of the United States; (iii) the Government of Taiwan; or (iv) foreign countries that have provided support to Taiwan at the request of the United States; or ; and (ii) in subparagraph (B), by inserting or the Government of Taiwan before the period at the end; (C) in paragraph (7), by striking September 30, 2024 and inserting September 30, 2028 ; (D) by redesignating paragraph (7) as paragraph (8); and (E) by inserting after paragraph (6) the following new paragraph (7): (7) Notification \nNot later than 7 days after the exercise of authority under subsection (a) the Secretary of Defense shall notify the congressional defense committees of the specific authority exercises, the relevant contract, and the estimated reductions in schedule..", "id": "id1a5eb31536354e85a8fa352fef6509ff", "header": "In general", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(b) Clerical amendments \n(1) The table of contents at the beginning of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2395) is amended by striking the item relating to section 1244 and inserting the following: Sec. 1244. Temporary authorizations related to Ukraine and Taiwan.. (2) The table of contents at the beginning of title XII of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2820) is amended by striking the item relating to section 1244 and inserting the following: Sec. 1244. Temporary authorizations related to Ukraine and Taiwan..", "id": "idbd15ba816b0e475390683f2966f97bbd", "header": "Clerical amendments", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] } ], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1348. Plan for enhanced security cooperation with Japan \n(a) In general \nNot later than June 1, 2024, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a plan for enhancing United States security cooperation with Japan. (b) Elements \nThe plan required by subsection (a) shall include the following: (1) A plan for— (A) increased bilateral training, exercises, combined patrols, and other activities between the United States Armed Forces and the Self-Defense Forces of Japan; (B) increasing multilateral military-to-military engagements involving the United States Armed Forces, the Self-Defense Forces of Japan, and the military forces of other regional allies and partners, including Australia, India, the Republic of Korea, and the Philippines, as appropriate; (C) increased sharing of intelligence and other information, including the adoption of enhanced security protocols; (D) current mechanisms, processes, and plans to coordinate and engage with the Joint Headquarters of the Self-Defense Forces of Japan; and (E) enhancing cooperation on advanced technology initiatives, including artificial intelligence, cyber, space, undersea, hypersonic, and related technologies. (2) An analysis of the feasibility and advisability of— (A) increasing combined planning efforts between the United States and Japan to address potential regional contingencies; (B) modifying United States command structures in Japan— (i) to coordinate all United States military activities and operations in Japan; (ii) to complement similar changes by the Self-Defense Forces of Japan; and (iii) to facilitate integrated planning and implementation of combined activities; and (C) additional modifications to the force posture of the United States Armed Forces in Japan, including the establishment of additional main operating locations, cooperative security locations, contingency locations, and other forward operating sites. (3) An identification of challenges to the implementation of the plan required by subsection (a) and any recommended legislative changes, resourcing requirements, bilateral agreements, or other measures that would facilitate the implementation of such plan. (c) Form \nThe plan required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.", "id": "id04EA90B0A58444DC999B292424143A17", "header": "Plan for enhanced security cooperation with Japan", "nested": [ { "text": "(a) In general \nNot later than June 1, 2024, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a plan for enhancing United States security cooperation with Japan.", "id": "ide9fdcbb1de3f49aeb387463789784072", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe plan required by subsection (a) shall include the following: (1) A plan for— (A) increased bilateral training, exercises, combined patrols, and other activities between the United States Armed Forces and the Self-Defense Forces of Japan; (B) increasing multilateral military-to-military engagements involving the United States Armed Forces, the Self-Defense Forces of Japan, and the military forces of other regional allies and partners, including Australia, India, the Republic of Korea, and the Philippines, as appropriate; (C) increased sharing of intelligence and other information, including the adoption of enhanced security protocols; (D) current mechanisms, processes, and plans to coordinate and engage with the Joint Headquarters of the Self-Defense Forces of Japan; and (E) enhancing cooperation on advanced technology initiatives, including artificial intelligence, cyber, space, undersea, hypersonic, and related technologies. (2) An analysis of the feasibility and advisability of— (A) increasing combined planning efforts between the United States and Japan to address potential regional contingencies; (B) modifying United States command structures in Japan— (i) to coordinate all United States military activities and operations in Japan; (ii) to complement similar changes by the Self-Defense Forces of Japan; and (iii) to facilitate integrated planning and implementation of combined activities; and (C) additional modifications to the force posture of the United States Armed Forces in Japan, including the establishment of additional main operating locations, cooperative security locations, contingency locations, and other forward operating sites. (3) An identification of challenges to the implementation of the plan required by subsection (a) and any recommended legislative changes, resourcing requirements, bilateral agreements, or other measures that would facilitate the implementation of such plan.", "id": "iddf341092805b41178e642dd46ebe31cf", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Form \nThe plan required by subsection (a) shall be submitted in unclassified form but may include a classified annex.", "id": "idc6a9204e4a0a43faaad08923cfad790d", "header": "Form", "nested": [], "links": [] }, { "text": "(d) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.", "id": "idb4941ee08c8c4b8991367c21f7d92bf0", "header": "Appropriate committees of Congress defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1349. Plan for improvements to certain operating locations in Indo-Pacific region \n(a) Identification of operating locations \n(1) In general \nThe Secretary of Defense shall conduct a classified survey to identify each United States operating location within the area of responsibility of the United States Indo-Pacific Command, including in the First, Second, and Third Island Chains, that— (A) may be used to respond militarily to aggression by the People’s Republic of China; and (B) is considered to not be sufficiently capable of mitigating damage to aircraft of the United States Armed Forces in the event of a missile, aerial drone, or other form of attack by the People’s Republic of China. (2) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the survey under paragraph (1). (b) Plan \nNot later than 60 days after the date on which the report required by paragraph (2) of subsection (a) is submitted, the Secretary shall submit to the congressional defense committees a plan— (1) to implement improvements, as appropriate, to operating locations identified under that subsection so as to increase the survivability of aircraft of the United States Armed Forces in the event of a missile, aerial drone, or other form of attack b3y the People’s Republic of China; and (2) that includes an articulation of other means for increasing survivability of such aircraft in the event of such an attack, including dispersal and deception. (c) Form \nThe report and plan required by this section shall be submitted in classified form.", "id": "idad94c1baf10849b09403ce761dc33899", "header": "Plan for improvements to certain operating locations in Indo-Pacific region", "nested": [ { "text": "(a) Identification of operating locations \n(1) In general \nThe Secretary of Defense shall conduct a classified survey to identify each United States operating location within the area of responsibility of the United States Indo-Pacific Command, including in the First, Second, and Third Island Chains, that— (A) may be used to respond militarily to aggression by the People’s Republic of China; and (B) is considered to not be sufficiently capable of mitigating damage to aircraft of the United States Armed Forces in the event of a missile, aerial drone, or other form of attack by the People’s Republic of China. (2) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the survey under paragraph (1).", "id": "id5a819764cbc842838042b704e7822f20", "header": "Identification of operating locations", "nested": [], "links": [] }, { "text": "(b) Plan \nNot later than 60 days after the date on which the report required by paragraph (2) of subsection (a) is submitted, the Secretary shall submit to the congressional defense committees a plan— (1) to implement improvements, as appropriate, to operating locations identified under that subsection so as to increase the survivability of aircraft of the United States Armed Forces in the event of a missile, aerial drone, or other form of attack b3y the People’s Republic of China; and (2) that includes an articulation of other means for increasing survivability of such aircraft in the event of such an attack, including dispersal and deception.", "id": "id0af532bc69894f0b86a94287fb39229c", "header": "Plan", "nested": [], "links": [] }, { "text": "(c) Form \nThe report and plan required by this section shall be submitted in classified form.", "id": "id02ce0317cdc044bd906ae318e61ad04a", "header": "Form", "nested": [], "links": [] } ], "links": [] }, { "text": "1350. Strategy for improving posture of ground-based theater-range missiles in Indo-Pacific region \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a strategy for improving the posture of ground-based theater-range missile capabilities in the Indo-Pacific region. (b) Elements \nThe strategy required by subsection (a) shall include the following: (1) An assessment of gaps in conventional ground-based theater-range precision strike capabilities in the area of responsibility of the United States Indo-Pacific Command. (2) An identification of military requirements for conventional ground-based theater-range missile systems, including range, propulsion, payload, launch platform, weapon effects, and other operationally relevant factors in the Indo-Pacific region. (3) An identification of prospective basing locations in the area of responsibility of the United States Indo-Pacific Command, including an articulation of the bilateral agreements necessary to support such deployments. (4) A description of operational concepts for employment, including integration with short-range and multi-domain fires, in denial operations in the Western Pacific. (5) An identification of prospective foreign partners and institutional mechanisms for co-development and co-production of new theater-range conventional missiles. (6) An assessment of the cost and schedule of developmental ground-based theater-range missiles programs, including any potential cost-sharing arrangements with foreign partners through existing institutional mechanisms. (7) The designation of a theater component commander or joint task force commander within the United States Indo-Pacific Command responsible for developing a theater missile strategy. (8) Any other matter the Secretary considers relevant. (c) Form \nThe strategy required by subsection (a) may be submitted in classified form but shall include an unclassified summary. (d) Ground-based theater-range missile defined \nIn this section, the term ground-based theater-range missile means a conventional mobile ground-launched ballistic or cruise missile system with a range between 500 and 5,500 kilometers.", "id": "id79003E5C5AB14463A189538C547C12A7", "header": "Strategy for improving posture of ground-based theater-range missiles in Indo-Pacific region", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a strategy for improving the posture of ground-based theater-range missile capabilities in the Indo-Pacific region.", "id": "idc3d644b146be47bdaa085e76491bd498", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe strategy required by subsection (a) shall include the following: (1) An assessment of gaps in conventional ground-based theater-range precision strike capabilities in the area of responsibility of the United States Indo-Pacific Command. (2) An identification of military requirements for conventional ground-based theater-range missile systems, including range, propulsion, payload, launch platform, weapon effects, and other operationally relevant factors in the Indo-Pacific region. (3) An identification of prospective basing locations in the area of responsibility of the United States Indo-Pacific Command, including an articulation of the bilateral agreements necessary to support such deployments. (4) A description of operational concepts for employment, including integration with short-range and multi-domain fires, in denial operations in the Western Pacific. (5) An identification of prospective foreign partners and institutional mechanisms for co-development and co-production of new theater-range conventional missiles. (6) An assessment of the cost and schedule of developmental ground-based theater-range missiles programs, including any potential cost-sharing arrangements with foreign partners through existing institutional mechanisms. (7) The designation of a theater component commander or joint task force commander within the United States Indo-Pacific Command responsible for developing a theater missile strategy. (8) Any other matter the Secretary considers relevant.", "id": "id75b362174087435693bf620377184467", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Form \nThe strategy required by subsection (a) may be submitted in classified form but shall include an unclassified summary.", "id": "idce3d49bacecc45f79f2b439d539e2a21", "header": "Form", "nested": [], "links": [] }, { "text": "(d) Ground-based theater-range missile defined \nIn this section, the term ground-based theater-range missile means a conventional mobile ground-launched ballistic or cruise missile system with a range between 500 and 5,500 kilometers.", "id": "id08d19d0a72cb42ad8472b25f66ea5cd9", "header": "Ground-based theater-range missile defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1351. Enhancing major defense partnership with India \n(a) In general \nThe Secretary of Defense, in coordination with the Secretary of State and the head of any other relevant Federal department or agency, shall seek to ensure that India is appropriately considered for security cooperation benefits consistent with the status of India as a major defense partner of the United States, including with respect to the following lines of effort: (1) Eligibility for funding to initiate or facilitate cooperative research, development, testing, or evaluation projects with the Department of Defense, with priority given to projects in the areas of— (A) artificial intelligence; (B) undersea domain awareness; (C) air combat and support; (D) munitions; and (E) mobility. (2) Eligibility to enter into reciprocal agreements with the Department of Defense for the cooperative provision of training on a bilateral or multilateral basis in support of programs for the purpose of building capacity in the areas of— (A) counterterrorism operations; (B) counter-weapons of mass destruction operations; (C) counter-illicit drug trafficking operations; (D) counter-transnational organized crime operations; (E) maritime and border security operations; (F) military intelligence operations; (G) air domain awareness operations; and (H) cyberspace security and defensive cyberspace operations. (3) Eligibility to enter into a memorandum of understanding or other formal agreement with the Department of Defense for the purpose of conducting cooperative research and development projects on defense equipment and munitions. (4) Eligibility for companies from India to bid on contracts for the maintenance, repair, or overhaul of Department of Defense equipment located outside the United States. (b) Briefing \nNot later than March 1, 2024, the Secretary of Defense, in coordination with the Secretary of State and the head of any other relevant Federal department or agency, shall provide the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives with a briefing on the status of security cooperation activities with India, including the lines of effort specified in subsection (a).", "id": "id8B15E29AB1F947F59B98805AE8ADDEC6", "header": "Enhancing major defense partnership with India", "nested": [ { "text": "(a) In general \nThe Secretary of Defense, in coordination with the Secretary of State and the head of any other relevant Federal department or agency, shall seek to ensure that India is appropriately considered for security cooperation benefits consistent with the status of India as a major defense partner of the United States, including with respect to the following lines of effort: (1) Eligibility for funding to initiate or facilitate cooperative research, development, testing, or evaluation projects with the Department of Defense, with priority given to projects in the areas of— (A) artificial intelligence; (B) undersea domain awareness; (C) air combat and support; (D) munitions; and (E) mobility. (2) Eligibility to enter into reciprocal agreements with the Department of Defense for the cooperative provision of training on a bilateral or multilateral basis in support of programs for the purpose of building capacity in the areas of— (A) counterterrorism operations; (B) counter-weapons of mass destruction operations; (C) counter-illicit drug trafficking operations; (D) counter-transnational organized crime operations; (E) maritime and border security operations; (F) military intelligence operations; (G) air domain awareness operations; and (H) cyberspace security and defensive cyberspace operations. (3) Eligibility to enter into a memorandum of understanding or other formal agreement with the Department of Defense for the purpose of conducting cooperative research and development projects on defense equipment and munitions. (4) Eligibility for companies from India to bid on contracts for the maintenance, repair, or overhaul of Department of Defense equipment located outside the United States.", "id": "id44a2395b85cc45c8b85d4b573ff2467d", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Briefing \nNot later than March 1, 2024, the Secretary of Defense, in coordination with the Secretary of State and the head of any other relevant Federal department or agency, shall provide the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives with a briefing on the status of security cooperation activities with India, including the lines of effort specified in subsection (a).", "id": "id1e6e35afc1e84b00b365339317dc4d4c", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "1352. Military cybersecurity cooperation with Taiwan \n(a) Requirement \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Policy, with the concurrence of the Secretary of State and in coordination with the Commander of the United States Cyber Command and the Commander of the United States Indo-Pacific Command, shall seek to engage with appropriate officials of Taiwan for the purpose of expanding cooperation on military cybersecurity activities using the authorities under chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense. (b) Cooperation efforts \nIn expanding the cooperation of military cybersecurity activities between the Department of Defense and the military forces of Taiwan under subsection (a), the Secretary of Defense may carry out efforts— (1) to actively defend military networks, infrastructure, and systems; (2) to eradicate malicious cyber activity that has compromised such networks, infrastructure, and systems; (3) to leverage United States commercial and military cybersecurity technology and services to harden and defend such networks, infrastructure, and systems; and (4) to conduct combined cybersecurity training activities and exercises. (c) Briefings \n(1) Requirement \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a briefing on the implementation of this section. (2) Contents \nThe briefing under paragraph (1) shall include the following: (A) A description of the feasibility and advisability of expanding the cooperation on military cybersecurity activities between the Department of Defense and the military forces of Taiwan. (B) An identification of any challenges and resources that need to be addressed so as to expand such cooperation. (C) An overview of efforts undertaken pursuant to this section. (D) Any other matter the Secretary considers relevant. (d) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.", "id": "id1BAA6736CBA14D43849B883F66C09AFA", "header": "Military cybersecurity cooperation with Taiwan", "nested": [ { "text": "(a) Requirement \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Policy, with the concurrence of the Secretary of State and in coordination with the Commander of the United States Cyber Command and the Commander of the United States Indo-Pacific Command, shall seek to engage with appropriate officials of Taiwan for the purpose of expanding cooperation on military cybersecurity activities using the authorities under chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.", "id": "id1fbdff721dfd4e68a3cb8bb1272aa411", "header": "Requirement", "nested": [], "links": [ { "text": "chapter 16", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/16" } ] }, { "text": "(b) Cooperation efforts \nIn expanding the cooperation of military cybersecurity activities between the Department of Defense and the military forces of Taiwan under subsection (a), the Secretary of Defense may carry out efforts— (1) to actively defend military networks, infrastructure, and systems; (2) to eradicate malicious cyber activity that has compromised such networks, infrastructure, and systems; (3) to leverage United States commercial and military cybersecurity technology and services to harden and defend such networks, infrastructure, and systems; and (4) to conduct combined cybersecurity training activities and exercises.", "id": "iddeb38c813a2c4d35958a435c3c0f52d0", "header": "Cooperation efforts", "nested": [], "links": [] }, { "text": "(c) Briefings \n(1) Requirement \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a briefing on the implementation of this section. (2) Contents \nThe briefing under paragraph (1) shall include the following: (A) A description of the feasibility and advisability of expanding the cooperation on military cybersecurity activities between the Department of Defense and the military forces of Taiwan. (B) An identification of any challenges and resources that need to be addressed so as to expand such cooperation. (C) An overview of efforts undertaken pursuant to this section. (D) Any other matter the Secretary considers relevant.", "id": "ida6523ff3889d4bb79018b98f2f7a86d6", "header": "Briefings", "nested": [], "links": [] }, { "text": "(d) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.", "id": "ide6d7893ccd904671a505e016febefe78", "header": "Appropriate committees of Congress defined", "nested": [], "links": [] } ], "links": [ { "text": "chapter 16", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/16" } ] }, { "text": "1353. Designation of senior official for Department of Defense activities relating to, and implementation plan for, security partnership among Australia, the United Kingdom, and the United States \n(a) Designation of senior official \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior civilian official of the Department of Defense who shall be responsible for overseeing Department of Defense activities relating to the security partnership among Australia, the United Kingdom, and the United States (commonly known as the AUKUS partnership ). (b) Plan \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Administrator for Nuclear Security and the Secretary of State, shall submit to the appropriate committees of Congress an implementation plan outlining Department efforts relating to the AUKUS partnership. (2) Elements \nThe plan required by paragraph (1) shall include the following: (A) Timelines and major anticipated milestones for the implementation of the AUKUS partnership. (B) An identification of dependencies of such milestones on defense requirements that are— (i) unrelated to the AUKUS partnership; and (ii) solely within the decisionmaking responsibility of Australia or the United Kingdom. (C) Recommendations for adjustments to statutory and regulatory export authorities or frameworks, including technology transfer and protection, necessary to efficiently implement the AUKUS partnership. (D) A consideration of the implications of the plan on the industrial base with respect to— (i) the expansion of existing United States submarine construction capacity to fulfill United States, United Kingdom, and Australia requirements; (ii) acceleration of the restoration of United States capabilities for producing highly enriched uranium to fuel submarine reactors; (iii) stabilization of commodity markets and expanding supplies of high-grade steel, construction materials, and other resources required for improving shipyard condition and expanding throughput capacity; and (iv) coordination and synchronization of industrial sourcing opportunities among Australia, the United Kingdom, and the United States. (E) A description of resourcing and personnel requirements, including the hiring of additional foreign disclosure officers. (F) A plan for improving information sharing, including— (i) recommendations for modifications to foreign disclosure policies and processes; (ii) the promulgation of written information-sharing guidelines or policies to improve information sharing under the AUKUS partnership; (iii) the establishment of an information handling caveat specific to the AUKUS partnership; and (iv) the reduction in use of the Not Releasable to Foreign Nations (NOFORN) information handling caveat. (G) Processes for the protection of privately held intellectual property, including patents. (H) A plan to leverage, for the AUKUS partnership, any relevant existing cybersecurity or technology partnership or cooperation activity between the United States and the United Kingdom or between the United States and Australia. (I) Recommended updates to other statutory, regulatory, policy, or process frameworks. (J) Any other matter the Secretary of Defense considers appropriate. (c) Semiannual updates \nNot later than 60 days after the date on which the plan required by subsection (b) is submitted, and semiannually thereafter on April 1 and October 1 each year through 2029, the senior civilian official designated under subsection (a) shall provide the congressional defense committees with a briefing on the status of all Department activities to implement the AUKUS partnership. (d) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committees on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.", "id": "id9E3FBE929AA148B1BBDA85FA7EC0AC2E", "header": "Designation of senior official for Department of Defense activities relating to, and implementation plan for, security partnership among Australia, the United Kingdom, and the United States", "nested": [ { "text": "(a) Designation of senior official \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior civilian official of the Department of Defense who shall be responsible for overseeing Department of Defense activities relating to the security partnership among Australia, the United Kingdom, and the United States (commonly known as the AUKUS partnership ).", "id": "id7a3866d5bbe54e71bc30dcc38979a575", "header": "Designation of senior official", "nested": [], "links": [] }, { "text": "(b) Plan \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Administrator for Nuclear Security and the Secretary of State, shall submit to the appropriate committees of Congress an implementation plan outlining Department efforts relating to the AUKUS partnership. (2) Elements \nThe plan required by paragraph (1) shall include the following: (A) Timelines and major anticipated milestones for the implementation of the AUKUS partnership. (B) An identification of dependencies of such milestones on defense requirements that are— (i) unrelated to the AUKUS partnership; and (ii) solely within the decisionmaking responsibility of Australia or the United Kingdom. (C) Recommendations for adjustments to statutory and regulatory export authorities or frameworks, including technology transfer and protection, necessary to efficiently implement the AUKUS partnership. (D) A consideration of the implications of the plan on the industrial base with respect to— (i) the expansion of existing United States submarine construction capacity to fulfill United States, United Kingdom, and Australia requirements; (ii) acceleration of the restoration of United States capabilities for producing highly enriched uranium to fuel submarine reactors; (iii) stabilization of commodity markets and expanding supplies of high-grade steel, construction materials, and other resources required for improving shipyard condition and expanding throughput capacity; and (iv) coordination and synchronization of industrial sourcing opportunities among Australia, the United Kingdom, and the United States. (E) A description of resourcing and personnel requirements, including the hiring of additional foreign disclosure officers. (F) A plan for improving information sharing, including— (i) recommendations for modifications to foreign disclosure policies and processes; (ii) the promulgation of written information-sharing guidelines or policies to improve information sharing under the AUKUS partnership; (iii) the establishment of an information handling caveat specific to the AUKUS partnership; and (iv) the reduction in use of the Not Releasable to Foreign Nations (NOFORN) information handling caveat. (G) Processes for the protection of privately held intellectual property, including patents. (H) A plan to leverage, for the AUKUS partnership, any relevant existing cybersecurity or technology partnership or cooperation activity between the United States and the United Kingdom or between the United States and Australia. (I) Recommended updates to other statutory, regulatory, policy, or process frameworks. (J) Any other matter the Secretary of Defense considers appropriate.", "id": "idb5f8c7ae5f044dc28bb7083e8fba7234", "header": "Plan", "nested": [], "links": [] }, { "text": "(c) Semiannual updates \nNot later than 60 days after the date on which the plan required by subsection (b) is submitted, and semiannually thereafter on April 1 and October 1 each year through 2029, the senior civilian official designated under subsection (a) shall provide the congressional defense committees with a briefing on the status of all Department activities to implement the AUKUS partnership.", "id": "ida39ec98160124f37838724d088ade4ca", "header": "Semiannual updates", "nested": [], "links": [] }, { "text": "(d) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committees on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.", "id": "id9d618f932c3443ae907b7628783e9e5c", "header": "Appropriate committees of Congress defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1354. Report and notification relating to transfer of operational control on Korean Peninsula \n(a) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a report that— (1) describes the conditions under which the military forces of the Republic of Korea would be prepared to assume wartime operational control of the United States and Republic of Korea Combined Forces Command; and (2) includes an assessment of the extent to which the military forces of the Republic of Korea meet such conditions as of the date on which the report is submitted. (b) Notification \n(1) In general \nNot later than 30 days before the date on which wartime operational control of the United States and Republic of Korea Combined Forces Command is transferred to the Republic of Korea, the Secretary of Defense, in coordination with the Secretary of State, shall notify the appropriate committees of Congress of such transfer. (2) Elements \nThe notification required by paragraph (1) shall include the following: (A) An assessment of the extent to which the military forces of the Republic of Korea meet the conditions described in the report submitted under subsection (a), including with respect to the acquisition by the Republic of Korea of necessary military capabilities to counter the capabilities of the Democratic People's Republic of Korea. (B) A description of the command relationship among the United Nations Command, the United States and Republic of Korea Combined Forces Command, the United States Forces Korea, and the military forces of the Republic of Korea. (C) An assessment of the extent to which such transfer impacts the security of the United States, the Republic of Korea, and other regional allies and partners. (c) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.", "id": "id00BF1CA97C0B4D03B02362D2A88050D7", "header": "Report and notification relating to transfer of operational control on Korean Peninsula", "nested": [ { "text": "(a) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a report that— (1) describes the conditions under which the military forces of the Republic of Korea would be prepared to assume wartime operational control of the United States and Republic of Korea Combined Forces Command; and (2) includes an assessment of the extent to which the military forces of the Republic of Korea meet such conditions as of the date on which the report is submitted.", "id": "idbcd109f7c818401cb05cc94928d39359", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Notification \n(1) In general \nNot later than 30 days before the date on which wartime operational control of the United States and Republic of Korea Combined Forces Command is transferred to the Republic of Korea, the Secretary of Defense, in coordination with the Secretary of State, shall notify the appropriate committees of Congress of such transfer. (2) Elements \nThe notification required by paragraph (1) shall include the following: (A) An assessment of the extent to which the military forces of the Republic of Korea meet the conditions described in the report submitted under subsection (a), including with respect to the acquisition by the Republic of Korea of necessary military capabilities to counter the capabilities of the Democratic People's Republic of Korea. (B) A description of the command relationship among the United Nations Command, the United States and Republic of Korea Combined Forces Command, the United States Forces Korea, and the military forces of the Republic of Korea. (C) An assessment of the extent to which such transfer impacts the security of the United States, the Republic of Korea, and other regional allies and partners.", "id": "id46f03f4205254342a97e267232167a84", "header": "Notification", "nested": [], "links": [] }, { "text": "(c) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.", "id": "idf10320bd27fb4c609d7bceacf96f8a37", "header": "Appropriate committees of Congress defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1355. Report on range of consequences of war with the People’s Republic of China \n(a) In general \nNot later than December 1, 2024, the Director of the Office of Net Assessment shall submit to the congressional defense committees a report on the range of geopolitical and economic consequences of a United States-People’s Republic of China conflict in 2030. (b) Elements \nThe report required by subsection (a) shall— (1) account for potential— (A) attacks within the homelands of the United States and the People's Republic of China, including cyber threats and the potential disruption of critical infrastructure; (B) impacts on the United States Armed Forces and the military forces of United States allies and partners, including loss of life, capabilities, United States force posture, and United States alliances in the Indo-Pacific region; (C) impacts on the military forces of the People's Republic of China, including loss of life and capabilities; (D) impacts on the civilian populations of Japan, Taiwan, Australia, and other countries in the Indo-Pacific region; (E) disruption of the global economy; and (F) any other matter the Director of the Office of Net Assessment considers relevant; and (2) include a review of previous attempts in history to forecast the consequences and costs of war. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Briefing \nNot less than 14 days before the date on which the report required by subsection (a) is submitted, the Director of the Office of Net Assessment shall provide a briefing to the congressional defense committees on the conclusions of the report.", "id": "idEE0685902A55473EAA410B434F8C6C2C", "header": "Report on range of consequences of war with the People’s Republic of China", "nested": [ { "text": "(a) In general \nNot later than December 1, 2024, the Director of the Office of Net Assessment shall submit to the congressional defense committees a report on the range of geopolitical and economic consequences of a United States-People’s Republic of China conflict in 2030.", "id": "id481168512a0843e4815a502ce69888f4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall— (1) account for potential— (A) attacks within the homelands of the United States and the People's Republic of China, including cyber threats and the potential disruption of critical infrastructure; (B) impacts on the United States Armed Forces and the military forces of United States allies and partners, including loss of life, capabilities, United States force posture, and United States alliances in the Indo-Pacific region; (C) impacts on the military forces of the People's Republic of China, including loss of life and capabilities; (D) impacts on the civilian populations of Japan, Taiwan, Australia, and other countries in the Indo-Pacific region; (E) disruption of the global economy; and (F) any other matter the Director of the Office of Net Assessment considers relevant; and (2) include a review of previous attempts in history to forecast the consequences and costs of war.", "id": "idb6ff96edc71e4d19a0fe9a1283801a9a", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Form \nThe report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.", "id": "id9a34e301bcc640afac276bb8a2fcd91a", "header": "Form", "nested": [], "links": [] }, { "text": "(d) Briefing \nNot less than 14 days before the date on which the report required by subsection (a) is submitted, the Director of the Office of Net Assessment shall provide a briefing to the congressional defense committees on the conclusions of the report.", "id": "idb973b3db90cf42e2a318b004a7681da5", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "1356. Study and report on command structure and force posture of United States Armed Forces in Indo-Pacific region \n(a) Study \n(1) In general \nThe Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct an independent study for the purpose of improving the current command structure and force posture of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command. (2) Report to Secretary \n(A) In general \nNot later than 180 days after the date of the enactment of this Act, the federally funded research and development center selected to conduct the study required by paragraph (1) shall submit to the Secretary a report on the findings of the study. (B) Elements \nThe report required by subparagraph (A) shall include the following: (i) An assessment of— (I) the current command structure of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command; (II) the current force posture, basing, access, and overflight agreements of the United States Armed Forces in such area of responsibility; and (III) any operational or command and control challenge resulting from the geography, current force posture of the United States Armed Forces, or current command structure of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command. (ii) Any recommendation for— (I) adjustments to the force posture of the United States Armed Forces in such area of responsibility, including an identification of any additional basing, access, and overflight agreement that may be necessary in response to the changing security environment in such area of responsibility; (II) modifying the current organizational and command structure of the United States Indo-Pacific Command, including United States Forces Japan and United States Forces Korea, in response to such changing security environment; or (III) improving the ability to better coordinate with allies and partners during peacetime and conflict. (b) Report to Congress \n(1) In general \nNot later than February 1, 2025, the Secretary shall submit to the congressional defense committees an unaltered copy of the report submitted to the Secretary under subsection (a)(2), together with the views of the Secretary on the findings set forth in such report and any corresponding recommendation. (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (3) Public availability \nThe Secretary shall make available to the public the unclassified form of the report required by paragraph (1).", "id": "idA94BCFA493AB45D8B1619CDD0C7D37A5", "header": "Study and report on command structure and force posture of United States Armed Forces in Indo-Pacific region", "nested": [ { "text": "(a) Study \n(1) In general \nThe Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct an independent study for the purpose of improving the current command structure and force posture of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command. (2) Report to Secretary \n(A) In general \nNot later than 180 days after the date of the enactment of this Act, the federally funded research and development center selected to conduct the study required by paragraph (1) shall submit to the Secretary a report on the findings of the study. (B) Elements \nThe report required by subparagraph (A) shall include the following: (i) An assessment of— (I) the current command structure of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command; (II) the current force posture, basing, access, and overflight agreements of the United States Armed Forces in such area of responsibility; and (III) any operational or command and control challenge resulting from the geography, current force posture of the United States Armed Forces, or current command structure of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command. (ii) Any recommendation for— (I) adjustments to the force posture of the United States Armed Forces in such area of responsibility, including an identification of any additional basing, access, and overflight agreement that may be necessary in response to the changing security environment in such area of responsibility; (II) modifying the current organizational and command structure of the United States Indo-Pacific Command, including United States Forces Japan and United States Forces Korea, in response to such changing security environment; or (III) improving the ability to better coordinate with allies and partners during peacetime and conflict.", "id": "idf9d28f0c8f724704988eb95c21eb4746", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report to Congress \n(1) In general \nNot later than February 1, 2025, the Secretary shall submit to the congressional defense committees an unaltered copy of the report submitted to the Secretary under subsection (a)(2), together with the views of the Secretary on the findings set forth in such report and any corresponding recommendation. (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (3) Public availability \nThe Secretary shall make available to the public the unclassified form of the report required by paragraph (1).", "id": "id70930aa17de4469e959f88f8e24698f4", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "1357. Studies on defense budget transparency of the People’s Republic of China and the United States \n(a) Studies required \n(1) Defense Intelligence Agency Study \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Intelligence Agency, shall— (A) complete a study on the defense budget of the People’s Republic of China; (B) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study; and (C) make the results of the study available to the public on the internet website of the Department of Defense. (2) Secretary of Defense study \nNot later than 90 days after the date on which the study required by paragraph (1) is submitted, the Secretary of Defense shall— (A) complete a comparative study on the defense budgets of the People’s Republic of China and the United States; (B) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study; and (C) make the results of the study available to the public on the internet website of the Department of Defense. (3) Methodology \nThe studies required by paragraphs (1) and (2) shall each employ a robust methodology that— (A) does not depend on the official pronouncements of the Government of the People’s Republic of China or the Chinese Communist Party; (B) takes into account the military-civil fusion present in the People’s Republic of China; and (C) employs the building-block method of analysis or a similar method of analysis, as appropriate. (4) Objective \nThe objective of the studies required by paragraphs (1) and (2) shall be to provide the people of the United States with an accurate comparison of the defense spending of the People’s Republic of China and the United States. (b) Elements \nAt a minimum, the studies required by this section shall do the following: (1) Determine the amounts invested by each subject country across functional categories for spending, including— (A) defense-related research and development; (B) weapons procurement from domestic and foreign sources; (C) operations and maintenance; (D) pay and benefits; (E) military pensions; and (F) any other category the Secretary considers relevant. (2) Consider the effects of purchasing power parity and market exchange rates, particularly on nontraded goods. (3) Estimate the magnitude of omitted spending from official defense budget information and account for such spending in the comparison. (4) Exclude spending related to veterans’ benefits, other than military pensions provided to veterans. (c) Considerations \nThe studies required by this section may take into consideration the following: (1) The effects of state-owned enterprises on the defense expenditures of the People’s Republic of China. (2) The role of differing acquisition policies and structures with respect to the defense expenditures of each subject country. (3) Any other matter relevant to evaluating the resources dedicated to the defense spending or the various military-related outlays of the People’s Republic of China. (d) Form \nThe studies required by this section shall be submitted in unclassified form, free of handling restrictions, but may include classified annexes.", "id": "idEA16F31B88E64E4DA32A3EC60E7EBCF8", "header": "Studies on defense budget transparency of the People’s Republic of China and the United States", "nested": [ { "text": "(a) Studies required \n(1) Defense Intelligence Agency Study \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Intelligence Agency, shall— (A) complete a study on the defense budget of the People’s Republic of China; (B) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study; and (C) make the results of the study available to the public on the internet website of the Department of Defense. (2) Secretary of Defense study \nNot later than 90 days after the date on which the study required by paragraph (1) is submitted, the Secretary of Defense shall— (A) complete a comparative study on the defense budgets of the People’s Republic of China and the United States; (B) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study; and (C) make the results of the study available to the public on the internet website of the Department of Defense. (3) Methodology \nThe studies required by paragraphs (1) and (2) shall each employ a robust methodology that— (A) does not depend on the official pronouncements of the Government of the People’s Republic of China or the Chinese Communist Party; (B) takes into account the military-civil fusion present in the People’s Republic of China; and (C) employs the building-block method of analysis or a similar method of analysis, as appropriate. (4) Objective \nThe objective of the studies required by paragraphs (1) and (2) shall be to provide the people of the United States with an accurate comparison of the defense spending of the People’s Republic of China and the United States.", "id": "idD850F88794A847D38A712D8805FA162A", "header": "Studies required", "nested": [], "links": [] }, { "text": "(b) Elements \nAt a minimum, the studies required by this section shall do the following: (1) Determine the amounts invested by each subject country across functional categories for spending, including— (A) defense-related research and development; (B) weapons procurement from domestic and foreign sources; (C) operations and maintenance; (D) pay and benefits; (E) military pensions; and (F) any other category the Secretary considers relevant. (2) Consider the effects of purchasing power parity and market exchange rates, particularly on nontraded goods. (3) Estimate the magnitude of omitted spending from official defense budget information and account for such spending in the comparison. (4) Exclude spending related to veterans’ benefits, other than military pensions provided to veterans.", "id": "id84CA5613ABAF48FDB99D511951E10A5B", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Considerations \nThe studies required by this section may take into consideration the following: (1) The effects of state-owned enterprises on the defense expenditures of the People’s Republic of China. (2) The role of differing acquisition policies and structures with respect to the defense expenditures of each subject country. (3) Any other matter relevant to evaluating the resources dedicated to the defense spending or the various military-related outlays of the People’s Republic of China.", "id": "id4E3F20E8F3B1480C9F306CD5E55B2A25", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Form \nThe studies required by this section shall be submitted in unclassified form, free of handling restrictions, but may include classified annexes.", "id": "id3299132E4E8F42EDAA544DA612CCE75B", "header": "Form", "nested": [], "links": [] } ], "links": [] }, { "text": "1358. Briefing on provision of security assistance by the People’s Republic of China and summary of Department of Defense mitigation activities \n(a) Briefing \nNot later than March 1, 2024, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a briefing that describes the provision of security assistance and training by the People’s Republic of China to foreign military forces for the purpose of achieving the national objectives of the People's Republic of China. (b) Summary of mitigation activities \nAs part of the first report submitted under section 1206(c)(2) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1960; 10 U.S.C. 301 note) after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a summary of Department of Defense activities designed to mitigate the provision of security assistance and training referred to in subsection (a), including such activities that— (1) strengthen United States alliances and partnerships with foreign military partners; (2) identify countries or governments to which the People’s Republic of China provides such security assistance or military training; (3) dissuade countries and governments from relying on the People’s Republic of China as a partner for such security assistance and military training; (4) identify any manner in which the United States, or close allies of the United States, may engage with countries and governments to be the preferred partner for security assistance and military training; and (5) improve the ability of the United States Armed Forces to coordinate and operate with allies and partners for purposes of mitigating the provision of security assistance and military training by the People’s Republic of China. (c) Appropriate committees of Congress \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.", "id": "idC49B57BDC25B48E6A2817F76471D3D1C", "header": "Briefing on provision of security assistance by the People’s Republic of China and summary of Department of Defense mitigation activities", "nested": [ { "text": "(a) Briefing \nNot later than March 1, 2024, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a briefing that describes the provision of security assistance and training by the People’s Republic of China to foreign military forces for the purpose of achieving the national objectives of the People's Republic of China.", "id": "id7bc23d37849e4819b26644462d6f2ea5", "header": "Briefing", "nested": [], "links": [] }, { "text": "(b) Summary of mitigation activities \nAs part of the first report submitted under section 1206(c)(2) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1960; 10 U.S.C. 301 note) after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a summary of Department of Defense activities designed to mitigate the provision of security assistance and training referred to in subsection (a), including such activities that— (1) strengthen United States alliances and partnerships with foreign military partners; (2) identify countries or governments to which the People’s Republic of China provides such security assistance or military training; (3) dissuade countries and governments from relying on the People’s Republic of China as a partner for such security assistance and military training; (4) identify any manner in which the United States, or close allies of the United States, may engage with countries and governments to be the preferred partner for security assistance and military training; and (5) improve the ability of the United States Armed Forces to coordinate and operate with allies and partners for purposes of mitigating the provision of security assistance and military training by the People’s Republic of China.", "id": "id95fe32110c52437fba86c11bc7e86e3f", "header": "Summary of mitigation activities", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 301", "legal-doc": "usc", "parsable-cite": "usc/10/301" } ] }, { "text": "(c) Appropriate committees of Congress \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.", "id": "id5ab2c87eeb59434eab6049bd1ca0c77a", "header": "Appropriate committees of Congress", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 301", "legal-doc": "usc", "parsable-cite": "usc/10/301" } ] }, { "text": "1359. Semiannual briefings on bilateral agreements supporting United States military posture in the Indo-Pacific region \n(a) In general \nNot later than 30 days after the date of the enactment of this Act, and every 180 days thereafter through fiscal year 2027, the Secretary of Defense, in coordination with the Secretary of State, shall provide the appropriate committees of Congress with a briefing on bilateral agreements supporting the United States military posture in the Indo-Pacific region. (b) Elements \nEach briefing required by subsection (a) shall include the following: (1) An update on notable changes to elements described in section 1262(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2857). (2) An assessment of the impact on United States military operations if any individual or combination of allies and partners were to deny continued access, basing, or overflight rights, including with respect to— (A) forward presence; (B) agile basing; (C) pre-positioned materials; or (D) fueling and resupply. (c) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.", "id": "idb6fc2748c0984791a2204dbb191145f3", "header": "Semiannual briefings on bilateral agreements supporting United States military posture in the Indo-Pacific region", "nested": [ { "text": "(a) In general \nNot later than 30 days after the date of the enactment of this Act, and every 180 days thereafter through fiscal year 2027, the Secretary of Defense, in coordination with the Secretary of State, shall provide the appropriate committees of Congress with a briefing on bilateral agreements supporting the United States military posture in the Indo-Pacific region.", "id": "id4a0d70b04bab436094c0ab79c9105e80", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nEach briefing required by subsection (a) shall include the following: (1) An update on notable changes to elements described in section 1262(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2857). (2) An assessment of the impact on United States military operations if any individual or combination of allies and partners were to deny continued access, basing, or overflight rights, including with respect to— (A) forward presence; (B) agile basing; (C) pre-positioned materials; or (D) fueling and resupply.", "id": "idc170a06475be47959fe10815dc9d1f75", "header": "Elements", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(c) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.", "id": "idd5704f0f2a094e60b1f1230bd19d2ac4", "header": "Appropriate committees of Congress defined", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1360. Semiannual briefings on military of the People's Republic of China \n(a) In general \nNot later than 60 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter through March 30, 2027, the Secretary of Defense shall provide to the congressional defense committees a briefing on— (1) the military activities of the People’s Republic of China with respect to Taiwan and the South China Sea; (2) efforts by the Department of Defense to engage with the People’s Liberation Army; and (3) United States efforts to enable the defense of Taiwan and bolster maritime security in the South China Sea. (b) Elements \nEach briefing required by subsection (a) shall include the following: (1) An update on— (A) military developments of the People’s Republic of China relating to any possible Taiwan or South China Sea contingency, including upgrades to the weapon systems of the People’s Republic of China, the procurement of new weapons by the People’s Republic of China, and changes to the posture of the People’s Liberation Army; (B) military equipment acquired by Taiwan pursuant to the Presidential drawdown authority under section 506(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a) ) or through the direct commercial sales or foreign military sales processes; (C) United States efforts to deter aggression by the People's Republic of China in the Indo-Pacific region, including any campaigning or exercise activities conducted by the United States; and (D) United States efforts to train the military forces of Taiwan and allies and partners in Southeast Asia. (2) The most recent information regarding the readiness of or preparations by the People's Liberation Army to potentially conduct aggressive military action against Taiwan. (3) A description of any military activity carried out during the preceding quarter by the People's Republic of China in the vicinity of Taiwan. (4) A description of engagements by Department of Defense officials with the People's Liberation Army, including with respect to maintaining open lines of communication, establishing crisis management capabilities, and deconfliction of military activities. (5) Any other matter the Secretary considers relevant.", "id": "id4c950fd1cffb46588d7e2db04f0cca19", "header": "Semiannual briefings on military of the People's Republic of China", "nested": [ { "text": "(a) In general \nNot later than 60 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter through March 30, 2027, the Secretary of Defense shall provide to the congressional defense committees a briefing on— (1) the military activities of the People’s Republic of China with respect to Taiwan and the South China Sea; (2) efforts by the Department of Defense to engage with the People’s Liberation Army; and (3) United States efforts to enable the defense of Taiwan and bolster maritime security in the South China Sea.", "id": "ida3af597b8d7a47e793f9bba56d6e64ba", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nEach briefing required by subsection (a) shall include the following: (1) An update on— (A) military developments of the People’s Republic of China relating to any possible Taiwan or South China Sea contingency, including upgrades to the weapon systems of the People’s Republic of China, the procurement of new weapons by the People’s Republic of China, and changes to the posture of the People’s Liberation Army; (B) military equipment acquired by Taiwan pursuant to the Presidential drawdown authority under section 506(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a) ) or through the direct commercial sales or foreign military sales processes; (C) United States efforts to deter aggression by the People's Republic of China in the Indo-Pacific region, including any campaigning or exercise activities conducted by the United States; and (D) United States efforts to train the military forces of Taiwan and allies and partners in Southeast Asia. (2) The most recent information regarding the readiness of or preparations by the People's Liberation Army to potentially conduct aggressive military action against Taiwan. (3) A description of any military activity carried out during the preceding quarter by the People's Republic of China in the vicinity of Taiwan. (4) A description of engagements by Department of Defense officials with the People's Liberation Army, including with respect to maintaining open lines of communication, establishing crisis management capabilities, and deconfliction of military activities. (5) Any other matter the Secretary considers relevant.", "id": "idfec98c9ab65946caa4bbb01632ace840", "header": "Elements", "nested": [], "links": [ { "text": "22 U.S.C. 2318(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2318" } ] } ], "links": [ { "text": "22 U.S.C. 2318(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2318" } ] }, { "text": "1361. Prohibition on use of funds to support entertainment projects with ties to the Government of the People's Republic of China \nNone of the funds authorized to be appropriated by this Act may be used to knowingly provide active and direct support to any film, television, or other entertainment project if the Secretary of Defense has demonstrable evidence that the project has complied or is likely to comply with a demand from the Government of the People’s Republic of China or the Chinese Communist Party, or an entity under the direction of the People’s Republic of China or the Chinese Communist Party, to censor the content of the project in a material manner to advance the national interest of the People’s Republic of China.", "id": "id7A7F37016EE241CEA798D40F7F0C92A1", "header": "Prohibition on use of funds to support entertainment projects with ties to the Government of the People's Republic of China", "nested": [], "links": [] }, { "text": "1362. Prohibition on use of funds for the Wuhan Institute of Virology \nNone of the funds authorized to be appropriated under this Act may be made available for the Wuhan Institute of Virology for any purpose.", "id": "id984d619dcbcd49ca8877a1f844a619e3", "header": "Prohibition on use of funds for the Wuhan Institute of Virology", "nested": [], "links": [] }, { "text": "1363. Audit to identify diversion of Department of Defense funding to China's research labs \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Department of Defense Office of Inspector General shall conduct a study, and submit a report to Congress, regarding the amount of Federal funds awarded by the Department of Defense (whether directly or indirectly) through grants, contracts, subgrants, subcontracts, or any other type of agreement or collaboration, during the 10-year period immediately preceding such date of enactment, that— (1) was provided, whether purposely or inadvertently, to— (A) the People’s Republic of China; (B) the Communist Party of China; (C) the Wuhan Institute of Virology or any other organization administered by the Chinese Academy of Sciences; (D) EcoHealth Alliance Inc., including any subsidiaries and related organizations that are directly controlled by EcoHealth Alliance, Inc.; or (E) any other lab, agency, organization, individual, or instrumentality that is owned, controlled (directly or indirectly), or overseen (officially or unofficially) by any of the entities listed in subparagraphs (A) through (D); or (2) was used to fund research or experiments that could have reasonably resulted in the enhancement of any coronavirus, influenza, Nipah, Ebola, or other pathogen of pandemic potential or chimeric versions of such a virus or pathogen in the People’s Republic of China or any other foreign country. (b) Identification of countries and pathogens \nThe report required under subsection (a) shall specify— (1) the countries in which the research or experiments described in subsection (a)(2) was conducted; and (2) the pathogens involved in such research or experiments.", "id": "id91c8b238f10041a88c27abe80d566564", "header": "Audit to identify diversion of Department of Defense funding to China's research labs", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Department of Defense Office of Inspector General shall conduct a study, and submit a report to Congress, regarding the amount of Federal funds awarded by the Department of Defense (whether directly or indirectly) through grants, contracts, subgrants, subcontracts, or any other type of agreement or collaboration, during the 10-year period immediately preceding such date of enactment, that— (1) was provided, whether purposely or inadvertently, to— (A) the People’s Republic of China; (B) the Communist Party of China; (C) the Wuhan Institute of Virology or any other organization administered by the Chinese Academy of Sciences; (D) EcoHealth Alliance Inc., including any subsidiaries and related organizations that are directly controlled by EcoHealth Alliance, Inc.; or (E) any other lab, agency, organization, individual, or instrumentality that is owned, controlled (directly or indirectly), or overseen (officially or unofficially) by any of the entities listed in subparagraphs (A) through (D); or (2) was used to fund research or experiments that could have reasonably resulted in the enhancement of any coronavirus, influenza, Nipah, Ebola, or other pathogen of pandemic potential or chimeric versions of such a virus or pathogen in the People’s Republic of China or any other foreign country.", "id": "id90d1342656324fadb8b88a2b5d0194a4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Identification of countries and pathogens \nThe report required under subsection (a) shall specify— (1) the countries in which the research or experiments described in subsection (a)(2) was conducted; and (2) the pathogens involved in such research or experiments.", "id": "iddfdb251d97064f55b02cabfb5f0a397b", "header": "Identification of countries and pathogens", "nested": [], "links": [] } ], "links": [] }, { "text": "1364. Prohibiting Federal funding for EcoHealth Alliance Inc \nNone of the funds authorized to be appropriated under this Act may be made available for any purpose to— (1) EcoHealth Alliance, Inc.; (2) any subsidiary of EcoHealth Alliance Inc; (3) any organization that is directly controlled by EcoHealth Alliance Inc; or (4) any organization or individual that is a subgrantee or subcontractor of EcoHealth Alliance Inc.", "id": "id4a1c7aedec014240a21419ccd2f3bbf6", "header": "Prohibiting Federal funding for EcoHealth Alliance Inc", "nested": [], "links": [] }, { "text": "1365. Assessment relating to contingency operational plan of United States Indo-Pacific Command \n(a) In general \nThe Secretary of Defense shall conduct an assessment, based on the contingency operational plan for a major conflict in the area of operations of the United States Indo-Pacific Command, to identify and characterize the dependencies of such plan on specific critical infrastructure facilities, capabilities, and services for the successful mobilization, deployment, and sustainment of forces. (b) Briefings \nThe Secretary shall provide to the congressional defense committees— (1) before the date on which the Secretary commences the assessment required by subsection (a), a briefing that sets forth the terms of reference and a plan for such assessment; and (2) a briefing on the results of such assessment, not later than the earlier of— (A) the date on which Secretary completes such assessment; or (B) the date that is 180 days after the enactment of this Act.", "id": "id8eab2e119f5d49f39e6cbc3428606b5a", "header": "Assessment relating to contingency operational plan of United States Indo-Pacific Command", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall conduct an assessment, based on the contingency operational plan for a major conflict in the area of operations of the United States Indo-Pacific Command, to identify and characterize the dependencies of such plan on specific critical infrastructure facilities, capabilities, and services for the successful mobilization, deployment, and sustainment of forces.", "id": "idb8503e1c38184f2a91948f4022f90368", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Briefings \nThe Secretary shall provide to the congressional defense committees— (1) before the date on which the Secretary commences the assessment required by subsection (a), a briefing that sets forth the terms of reference and a plan for such assessment; and (2) a briefing on the results of such assessment, not later than the earlier of— (A) the date on which Secretary completes such assessment; or (B) the date that is 180 days after the enactment of this Act.", "id": "id6a1f5d6c143e44bfa5cc81a90226154e", "header": "Briefings", "nested": [], "links": [] } ], "links": [] }, { "text": "1366. Assessment of absorptive capacity of military forces of Taiwan \n(a) Report \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the absorptive capacity of the military forces of Taiwan for military capabilities provided and approved by the United States for delivery to Taiwan in the last 10 years, including the date of projected or achieved initial and full operational capabilities. (2) Briefing requirement \nNot later than 30 days after the delivery of the required report, the Secretary shall provide a briefing on the report to the appropriate committees of Congress. (3) Form \nThe required report shall be provided in classified form with an unclassified cover letter. (b) Definitions \nIn this section: (1) Absorptive capacity \nThe term absorptive capacity means the capacity of the recipient unit to achieve initial operational capability, including to operate, maintain, sustain, deploy, and employ to operational effect, a defense article or service for its intended end-use. (2) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "id3fbbe54d2be54e479527e776942137a2", "header": "Assessment of absorptive capacity of military forces of Taiwan", "nested": [ { "text": "(a) Report \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the absorptive capacity of the military forces of Taiwan for military capabilities provided and approved by the United States for delivery to Taiwan in the last 10 years, including the date of projected or achieved initial and full operational capabilities. (2) Briefing requirement \nNot later than 30 days after the delivery of the required report, the Secretary shall provide a briefing on the report to the appropriate committees of Congress. (3) Form \nThe required report shall be provided in classified form with an unclassified cover letter.", "id": "id3c3d964e6fc44ee0bd8c8c0f3b0c1a33", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Absorptive capacity \nThe term absorptive capacity means the capacity of the recipient unit to achieve initial operational capability, including to operate, maintain, sustain, deploy, and employ to operational effect, a defense article or service for its intended end-use. (2) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "id9e87053c37da46a197e8c83fc8f21b47", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "1367. Analysis of risks and implications of potential sustained military blockade of Taiwan by the People's Republic of China \n(a) Analysis required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, in coordination with the Director of National Intelligence, shall complete a comprehensive analysis of the risks and implications of a sustained military blockade of Taiwan by the People’s Republic of China. (2) Elements \nThe analysis required by paragraph (1) shall include the following: (A) An assessment of the means by which the People’s Republic of China could execute a sustained military blockade of Taiwan, including the most likely courses of action through which the People's Republic of China could accomplish such a blockade. (B) An identification of indications and warnings of a potential sustained military blockade of Taiwan by the People's Republic of China, and the likely timelines for such indications and warnings. (C) An identification of other coercive actions the People's Republic of China may potentially take before or independently of such a blockade, including the seizure of outlying islands of Taiwan. (D) An assessment of the impact of such a blockade on the ability of Taiwan to sustain its military capabilities, economy, and population. (E) An assessment of threats to, and other potential negative impacts on, the United States homeland during such a blockade scenario. (F) An assessment of key military operational problems presented by such a blockade. (G) An assessment of the concept-required military capabilities necessary to address the problems identified under subparagraph (F). (H) An assessment of challenges to escalation management. (I) An assessment of military or nonmilitary options to counter or retaliate against such a blockade or the seizure of outlying islands of Taiwan, including through horizontal escalation. (J) An assessment of the extent to which such a blockade is addressed by the Joint Warfighting Concept and Joint Concept for Competing. (K) An identification of necessary changes to United States Armed Forces force design, doctrine, and tactics, techniques, and procedures for responding to or mitigating the impact of such a blockade. (L) An assessment of the role of United States partners and allies in addressing the threats and challenges posed by a such a potential blockade. (M) Any other matter the Secretary of Defense considers relevant. (b) Interagency engagement \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall seek to engage with the head of any other appropriate Federal department or agency— (1) regarding the threats and challenges posed by a potential sustained military blockade of Taiwan by the People's Republic of China; and (2) to better understand potential options for a response by the United States Government to such a blockade. (c) Report \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a classified report— (1) on the assessment required by paragraph (1) of subsection (a), including all elements described in paragraph (2) of that subsection; and (2) the interagency engagements conducted under subsection (b). (d) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.", "id": "idDA9C91D197B2496F8E6CF6C018184C40", "header": "Analysis of risks and implications of potential sustained military blockade of Taiwan by the People's Republic of China", "nested": [ { "text": "(a) Analysis required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, in coordination with the Director of National Intelligence, shall complete a comprehensive analysis of the risks and implications of a sustained military blockade of Taiwan by the People’s Republic of China. (2) Elements \nThe analysis required by paragraph (1) shall include the following: (A) An assessment of the means by which the People’s Republic of China could execute a sustained military blockade of Taiwan, including the most likely courses of action through which the People's Republic of China could accomplish such a blockade. (B) An identification of indications and warnings of a potential sustained military blockade of Taiwan by the People's Republic of China, and the likely timelines for such indications and warnings. (C) An identification of other coercive actions the People's Republic of China may potentially take before or independently of such a blockade, including the seizure of outlying islands of Taiwan. (D) An assessment of the impact of such a blockade on the ability of Taiwan to sustain its military capabilities, economy, and population. (E) An assessment of threats to, and other potential negative impacts on, the United States homeland during such a blockade scenario. (F) An assessment of key military operational problems presented by such a blockade. (G) An assessment of the concept-required military capabilities necessary to address the problems identified under subparagraph (F). (H) An assessment of challenges to escalation management. (I) An assessment of military or nonmilitary options to counter or retaliate against such a blockade or the seizure of outlying islands of Taiwan, including through horizontal escalation. (J) An assessment of the extent to which such a blockade is addressed by the Joint Warfighting Concept and Joint Concept for Competing. (K) An identification of necessary changes to United States Armed Forces force design, doctrine, and tactics, techniques, and procedures for responding to or mitigating the impact of such a blockade. (L) An assessment of the role of United States partners and allies in addressing the threats and challenges posed by a such a potential blockade. (M) Any other matter the Secretary of Defense considers relevant.", "id": "id5d40425c0e824357bc878f50c8bbaa2b", "header": "Analysis required", "nested": [], "links": [] }, { "text": "(b) Interagency engagement \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall seek to engage with the head of any other appropriate Federal department or agency— (1) regarding the threats and challenges posed by a potential sustained military blockade of Taiwan by the People's Republic of China; and (2) to better understand potential options for a response by the United States Government to such a blockade.", "id": "id736ce117a2a948f5804ac0e9d2ea021a", "header": "Interagency engagement", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a classified report— (1) on the assessment required by paragraph (1) of subsection (a), including all elements described in paragraph (2) of that subsection; and (2) the interagency engagements conducted under subsection (b).", "id": "ide422864a38d849eab80183c5a98e3da0", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.", "id": "id151422bffcfc47ce89960bbd16aad965", "header": "Appropriate committees of Congress defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1368. Sense of the Senate on defense alliances and partnerships in the Indo-Pacific region \n(a) Findings \nThe Senate makes the following findings: (1) The 2022 National Defense Strategy states, [m]utually-beneficial Alliances and partnerships are our greatest global strategic advantage.. (2) The United States Indo-Pacific Strategy states, we will prioritize our single greatest asymmetric strength: our network of security alliances and partnerships. Across the region, the United States will work with allies and partners to deepen our interoperability and develop and deploy advanced warfighting capabilities as we support them in defending their citizens and their sovereign interests.. (3) Secretary of Defense Lloyd Austin testified on March 28, 2023, that our allies and partners are a huge force multiplier. They magnify our power, advance our shared security interests, and help uphold a world that is free, open, prosperous, and secure.. (4) Chairman of the Joint Chiefs of Staff General Milley testified on March 28, 2023, that our alliances and partnerships are key to maintaining the rules-based international order and a stable and open international system promoting peace and prosperity…We are stronger when we operate closely with our allies and partners.. (5) Commander of the United States Indo-Pacific Command Admiral Aquilino testified on April 20, 2023, that a robust network of allies and partners, built on the strength of our shared interests, is our greatest advantage. United States Indo-Pacific Command is strengthening all layers of our security network: allies, multilateral arrangements, partners, friends, and the Five Eyes nations. We execute security cooperation activities, training, and exercises to strengthen those relationships, build partner capacity, and enhance interoperability.. (b) Sense of the Senate \nIt is the sense of the Senate that the Secretary of Defense should continue efforts that strengthen United States defense alliances and partnerships in the Indo-Pacific region so as to further the comparative advantage of the United States in strategic competition with the People's Republic of China, including by— (1) enhancing cooperation with Japan, consistent with the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, signed at Washington, January 19, 1960, including by developing advanced military capabilities, fostering interoperability across all domains, and improving sharing of information and intelligence; (2) reinforcing the United States alliance with the Republic of Korea, including by maintaining the presence of approximately 28,500 members of the United States Armed Forces deployed to the country and affirming the United States commitment to extended deterrence using the full range of United States defense capabilities, consistent with the Mutual Defense Treaty Between the United States and the Republic of Korea, signed at Washington, October 1, 1953, in support of the shared objective of a peaceful and stable Korean Peninsula; (3) fostering bilateral and multilateral cooperation with Australia, consistent with the Security Treaty Between Australia, New Zealand, and the United States of America, signed at San Francisco, September 1, 1951, and through the partnership among Australia, the United Kingdom, and the United States (commonly known as AUKUS )— (A) to advance shared security objectives; (B) to accelerate the fielding of advanced military capabilities; and (C) to build the capacity of emerging partners; (4) advancing United States alliances with the Philippines and Thailand and United States partnerships with other partners in the Association of Southeast Asian Nations to enhance maritime domain awareness, promote sovereignty and territorial integrity, leverage technology and promote innovation, and support an open, inclusive, and rules-based regional architecture; (5) broadening United States engagement with India, including through the Quadrilateral Security Dialogue— (A) to advance the shared objective of a free and open Indo-Pacific region through bilateral and multilateral engagements and participation in military exercises, expanded defense trade, and collaboration on humanitarian aid and disaster response; and (B) to enable greater cooperation on maritime security; (6) strengthening the United States partnership with Taiwan, consistent with the Three Communiques, the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ), and the Six Assurances, with the goal of improving Taiwan's defensive capabilities and promoting peaceful cross-strait relations; (7) reinforcing the status of the Republic of Singapore as a Major Security Cooperation Partner of the United States and continuing to strengthen defense and security cooperation between the military forces of the Republic of Singapore and the Armed Forces of the United States, including through participation in combined exercises and training; (8) engaging with the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and other Pacific Island countries with the goal of strengthening regional security and addressing issues of mutual concern, including protecting fisheries from illegal, unreported, and unregulated fishing; (9) collaborating with Canada, the United Kingdom, France, and other members of the European Union and the North Atlantic Treaty Organization to build connectivity and advance a shared vision for the region that is principled, long-term, and anchored in democratic resilience; and (10) investing in enhanced military posture and capabilities in the area of responsibility of the United States Indo-Pacific Command and strengthening cooperation in bilateral relationships, multilateral partnerships, and other international fora to uphold global security and shared principles, with the goal of ensuring the maintenance of a free and open Indo-Pacific region.", "id": "id6a8d2ed79a6b449db2f32a5b1f25c45f", "header": "Sense of the Senate on defense alliances and partnerships in the Indo-Pacific region", "nested": [ { "text": "(a) Findings \nThe Senate makes the following findings: (1) The 2022 National Defense Strategy states, [m]utually-beneficial Alliances and partnerships are our greatest global strategic advantage.. (2) The United States Indo-Pacific Strategy states, we will prioritize our single greatest asymmetric strength: our network of security alliances and partnerships. Across the region, the United States will work with allies and partners to deepen our interoperability and develop and deploy advanced warfighting capabilities as we support them in defending their citizens and their sovereign interests.. (3) Secretary of Defense Lloyd Austin testified on March 28, 2023, that our allies and partners are a huge force multiplier. They magnify our power, advance our shared security interests, and help uphold a world that is free, open, prosperous, and secure.. (4) Chairman of the Joint Chiefs of Staff General Milley testified on March 28, 2023, that our alliances and partnerships are key to maintaining the rules-based international order and a stable and open international system promoting peace and prosperity…We are stronger when we operate closely with our allies and partners.. (5) Commander of the United States Indo-Pacific Command Admiral Aquilino testified on April 20, 2023, that a robust network of allies and partners, built on the strength of our shared interests, is our greatest advantage. United States Indo-Pacific Command is strengthening all layers of our security network: allies, multilateral arrangements, partners, friends, and the Five Eyes nations. We execute security cooperation activities, training, and exercises to strengthen those relationships, build partner capacity, and enhance interoperability..", "id": "id13b81a983d544d42ac7cc401575036dd", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of the Senate \nIt is the sense of the Senate that the Secretary of Defense should continue efforts that strengthen United States defense alliances and partnerships in the Indo-Pacific region so as to further the comparative advantage of the United States in strategic competition with the People's Republic of China, including by— (1) enhancing cooperation with Japan, consistent with the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, signed at Washington, January 19, 1960, including by developing advanced military capabilities, fostering interoperability across all domains, and improving sharing of information and intelligence; (2) reinforcing the United States alliance with the Republic of Korea, including by maintaining the presence of approximately 28,500 members of the United States Armed Forces deployed to the country and affirming the United States commitment to extended deterrence using the full range of United States defense capabilities, consistent with the Mutual Defense Treaty Between the United States and the Republic of Korea, signed at Washington, October 1, 1953, in support of the shared objective of a peaceful and stable Korean Peninsula; (3) fostering bilateral and multilateral cooperation with Australia, consistent with the Security Treaty Between Australia, New Zealand, and the United States of America, signed at San Francisco, September 1, 1951, and through the partnership among Australia, the United Kingdom, and the United States (commonly known as AUKUS )— (A) to advance shared security objectives; (B) to accelerate the fielding of advanced military capabilities; and (C) to build the capacity of emerging partners; (4) advancing United States alliances with the Philippines and Thailand and United States partnerships with other partners in the Association of Southeast Asian Nations to enhance maritime domain awareness, promote sovereignty and territorial integrity, leverage technology and promote innovation, and support an open, inclusive, and rules-based regional architecture; (5) broadening United States engagement with India, including through the Quadrilateral Security Dialogue— (A) to advance the shared objective of a free and open Indo-Pacific region through bilateral and multilateral engagements and participation in military exercises, expanded defense trade, and collaboration on humanitarian aid and disaster response; and (B) to enable greater cooperation on maritime security; (6) strengthening the United States partnership with Taiwan, consistent with the Three Communiques, the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ), and the Six Assurances, with the goal of improving Taiwan's defensive capabilities and promoting peaceful cross-strait relations; (7) reinforcing the status of the Republic of Singapore as a Major Security Cooperation Partner of the United States and continuing to strengthen defense and security cooperation between the military forces of the Republic of Singapore and the Armed Forces of the United States, including through participation in combined exercises and training; (8) engaging with the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and other Pacific Island countries with the goal of strengthening regional security and addressing issues of mutual concern, including protecting fisheries from illegal, unreported, and unregulated fishing; (9) collaborating with Canada, the United Kingdom, France, and other members of the European Union and the North Atlantic Treaty Organization to build connectivity and advance a shared vision for the region that is principled, long-term, and anchored in democratic resilience; and (10) investing in enhanced military posture and capabilities in the area of responsibility of the United States Indo-Pacific Command and strengthening cooperation in bilateral relationships, multilateral partnerships, and other international fora to uphold global security and shared principles, with the goal of ensuring the maintenance of a free and open Indo-Pacific region.", "id": "id49cea2f4e92f49c284f6d9f70497bdf1", "header": "Sense of the Senate", "nested": [], "links": [ { "text": "Public Law 96–8", "legal-doc": "public-law", "parsable-cite": "pl/96/8" }, { "text": "22 U.S.C. 3301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/3301" } ] } ], "links": [ { "text": "Public Law 96–8", "legal-doc": "public-law", "parsable-cite": "pl/96/8" }, { "text": "22 U.S.C. 3301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/3301" } ] }, { "text": "1369. Assessment of gifts and grants to United States institutions of higher education from entities on the Non-SDN Chinese Military-Industrial Complex Companies List \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees an assessment of gifts and grants to United States institutions of higher education from entities on the Non-SDN Chinese Military-Industrial Complex Companies List maintained by the Office of Foreign Assets Control. (b) Elements \nThe Secretary, in consultation with the Secretary of Education, shall include in the assessment required by subsection (a) an estimate of— (1) a list and description of each of the gifts and grants provided to United States institutions of higher education by entities described in subsection (a); and (2) the monetary value of each of those gifts and grants. (c) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Gifts and grants \nThe term gifts and grants includes financial contributions, material donations, provision of services, scholarships, fellowships, research funding, infrastructure investment, contracts, or any other form of support that provides a benefit to the recipient institution.", "id": "id4d5b2aa893494301abbcf05c98e15516", "header": "Assessment of gifts and grants to United States institutions of higher education from entities on the Non-SDN Chinese Military-Industrial Complex Companies List", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees an assessment of gifts and grants to United States institutions of higher education from entities on the Non-SDN Chinese Military-Industrial Complex Companies List maintained by the Office of Foreign Assets Control.", "id": "idb60e7b63a1e34075bb2a736b71692871", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe Secretary, in consultation with the Secretary of Education, shall include in the assessment required by subsection (a) an estimate of— (1) a list and description of each of the gifts and grants provided to United States institutions of higher education by entities described in subsection (a); and (2) the monetary value of each of those gifts and grants.", "id": "ida99b8c1ee33e4dd7825dfaaf89b87998", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Gifts and grants \nThe term gifts and grants includes financial contributions, material donations, provision of services, scholarships, fellowships, research funding, infrastructure investment, contracts, or any other form of support that provides a benefit to the recipient institution.", "id": "id27152526166845668ce6dcac9741be82", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "1370. Extension of export prohibition on munitions items to the Hong Kong Police Force \nSection 3 of the Act entitled An Act to prohibit the commercial export of covered munitions items to the Hong Kong Police Force , approved November 27, 2019 ( Public Law 116–77 ; 133 Stat. 1173), is amended by striking shall expire on December 31, 2024 and inserting ‘‘shall expire on the date on which the President certifies to the appropriate congressional committees that— (1) the Secretary of State has, on or after the date of the enactment of this paragraph, certified under section 205 of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5701 et seq. ) that Hong Kong warrants treatment under United States law in the same manner as United States laws were applied to Hong Kong before July 1, 1997; (2) the Hong Kong Police have not engaged in gross violations of human rights during the 1-year period ending on the date of such certification; and (3) there has been an independent examination of human rights concerns related to the crowd control tactics of the Hong Kong Police and the Government of the Hong Kong Special Administrative Region has adequately addressed those concerns..", "id": "id82c39cfa141e4edf99098de8d29b7e80", "header": "Extension of export prohibition on munitions items to the Hong Kong Police Force", "nested": [], "links": [ { "text": "Public Law 116–77", "legal-doc": "public-law", "parsable-cite": "pl/116/77" }, { "text": "22 U.S.C. 5701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/5701" } ] }, { "text": "1371. Short title \nThis subtitle may be cited as the Securing Maritime Data from China Act of 2023.", "id": "ID75468000dcc54c9caa0015116621363b", "header": "Short title", "nested": [], "links": [] }, { "text": "1372. LOGINK defined \nIn this subtitle, the term LOGINK means the public, open, shared logistics information network known as the National Public Information Platform for Transportation and Logistics by the Ministry of Transport of the People’s Republic of China.", "id": "ide88b95b76ffc4db9b9964ca5fe4f5efc", "header": "LOGINK defined", "nested": [], "links": [] }, { "text": "1373. Countering the spread of LOGINK \n(a) Contracting prohibition \nThe Department of Defense may not enter into or renew any contract with any entity that uses— (1) LOGINK; (2) any logistics platform controlled by, affiliated with, or subject to the jurisdiction of the Chinese Communist Party or the Government of the People’s Republic of China; or (3) any logistics platform that shares data with a system described in paragraph (1) or (2). (b) Applicability \nSubsection (a) applies with respect to any contract entered into or renewed on or after the date that is 2 years after the date of the enactment of this Act.", "id": "idb3efccb3a2244c74b43e4eb92795de00", "header": "Countering the spread of LOGINK", "nested": [ { "text": "(a) Contracting prohibition \nThe Department of Defense may not enter into or renew any contract with any entity that uses— (1) LOGINK; (2) any logistics platform controlled by, affiliated with, or subject to the jurisdiction of the Chinese Communist Party or the Government of the People’s Republic of China; or (3) any logistics platform that shares data with a system described in paragraph (1) or (2).", "id": "idf49a54de00e342adadf779bfcc8758a5", "header": "Contracting prohibition", "nested": [], "links": [] }, { "text": "(b) Applicability \nSubsection (a) applies with respect to any contract entered into or renewed on or after the date that is 2 years after the date of the enactment of this Act.", "id": "id24803b0e2f244bcea0f3f2fccedb9111", "header": "Applicability", "nested": [], "links": [] } ], "links": [] }, { "text": "1381. Report on Department of Defense roles and responsibilities in support of National Strategy for the Arctic Region \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on Department of Defense roles and responsibilities in support of the National Strategy for the Arctic Region that includes— (1) an identification of the Department's lines of effort to support the implementation of the National Strategy for the Arctic Region, including the implementation plan for each applicable military department; (2) a plan for the execution of, and a projected timeline and the resource requirements for, each such line of effort; and (3) any other matter the Secretary considers relevant.", "id": "idB08E9DFE65E541F19B936B63926D1EE4", "header": "Report on Department of Defense roles and responsibilities in support of National Strategy for the Arctic Region", "nested": [], "links": [] }, { "text": "1391. Military intelligence collection and analysis partnerships \n(a) Use of funds other than appropriated funds \n(1) In general \nSubject to paragraph (2), the Director of the Defense Intelligence Agency, in coordination with the Secretary of State and the Director of National Intelligence, may accept and expend foreign partner funds in order for the foreign partner or partners to share with the Defense Intelligence Agency the expenses of joint and combined military intelligence collection and analysis activities. (2) Limitations \n(A) Previously denied funds \nFunds accepted under this section may not be expended, in whole or in part, by or for the benefit of the Defense Intelligence Agency for any purpose for which Congress has previously denied funds. (B) Joint benefit \nThe authority provided by paragraph (1) may not be used to acquire items or services for the sole benefit of the United States. (b) Annual Report \nNot later than March 1, 2025, and annually thereafter for four years, the Director of the Defense Intelligence Agency shall submit to the appropriate committees of Congress a report on any funds accepted or expended under this section during the preceding calendar year, including an identification of the foreign partner or partners involved and a description of the purpose of such funds. (c) Termination \nThe authority to accept and expend foreign partner funds pursuant to this section shall terminate on December 31, 2028. (d) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "id6F82DEAF9FF94621AFD288346C4F263A", "header": "Military intelligence collection and analysis partnerships", "nested": [ { "text": "(a) Use of funds other than appropriated funds \n(1) In general \nSubject to paragraph (2), the Director of the Defense Intelligence Agency, in coordination with the Secretary of State and the Director of National Intelligence, may accept and expend foreign partner funds in order for the foreign partner or partners to share with the Defense Intelligence Agency the expenses of joint and combined military intelligence collection and analysis activities. (2) Limitations \n(A) Previously denied funds \nFunds accepted under this section may not be expended, in whole or in part, by or for the benefit of the Defense Intelligence Agency for any purpose for which Congress has previously denied funds. (B) Joint benefit \nThe authority provided by paragraph (1) may not be used to acquire items or services for the sole benefit of the United States.", "id": "id596eaf73738e4d9bbfda1ebda329837f", "header": "Use of funds other than appropriated funds", "nested": [], "links": [] }, { "text": "(b) Annual Report \nNot later than March 1, 2025, and annually thereafter for four years, the Director of the Defense Intelligence Agency shall submit to the appropriate committees of Congress a report on any funds accepted or expended under this section during the preceding calendar year, including an identification of the foreign partner or partners involved and a description of the purpose of such funds.", "id": "idea74dc3565e34100ab286dfaa337783b", "header": "Annual Report", "nested": [], "links": [] }, { "text": "(c) Termination \nThe authority to accept and expend foreign partner funds pursuant to this section shall terminate on December 31, 2028.", "id": "id1f7cd7874b1b4521ace326875eabc27c", "header": "Termination", "nested": [], "links": [] }, { "text": "(d) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "id1b3eb6934b19426e933e0148475fbf41", "header": "Appropriate committees of Congress defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1392. Collaboration with partner countries to develop and maintain military-wide transformational strategies for operational energy \n(a) Establishment \n(1) In general \nNot later than January 1, 2025, the Secretary of Defense shall establish a partnership program using existing authorities to collaborate with the military forces of partner countries in developing and maintaining military-wide transformational strategies for operational energy (in this section referred to as the Program ). (2) Organization \nThe Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the Under Secretary of Defense for Policy and in consultation with the Secretaries of the military departments, the commanders of the combatant commands, and any other individual the Secretary of Defense considers appropriate, shall be responsible for, and shall oversee, the Program. (b) Objective \nThe objective of the Program is to promote the readiness of the United States Armed Forces and the military forces of partner countries for missions in contested logistics environments by focusing on demand reduction and employing more diverse and renewable operational energy sources so as to enhance energy security, energy resilience, and energy conservation, reduce logistical vulnerabilities, and ensure that supply lines are resilient to extreme weather, disruptions to energy supplies, and direct or indirect cyber attacks. (c) Activities \n(1) In general \nUnder the Program, the United States Armed Forces and the military forces of each participating partner country shall, in coordination— (A) establish policies to improve warfighting capability through energy security and energy resilience; (B) integrate efforts to mitigate mutual contested logistics challenges through the reduction of operational energy demand; (C) identify and mitigate operational energy challenges presented by any contested logistics environment, including through developing innovative delivery systems, distributed storage, flexible contracting, and improved automation; (D) assess and integrate, to the extent practicable, any technology, including electric, hydrogen, nuclear, biofuels, and any other sustainable fuel technology or renewable energy technology, that may reduce operational energy demand in the near term or long term; (E) assess and consider any infrastructure investment of allied and partner countries that may affect operational energy availability in the event of a conflict with a near-peer adversary; and (F) assess and integrate, to the extent practicable— (i) any technology that increases sustainability; and (ii) any practice, technology, or strategy that reduces negative impacts on human health. (2) Country considerations \nIn carrying out any activity under paragraph (1), to the extent practicable, the relevant existing and past military conflicts and cultural practices of, and beliefs prevalent in, the participating country shall be taken into account. (d) Strategy \n(1) In general \nNot later than September 30, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a strategy for the implementation of the Program. (2) Elements \nThe strategy required by paragraph (1) shall include the following: (A) A governance structure for the Program, including— (i) the officials tasked to oversee the Program; (ii) the format of the governing body of the Program; (iii) the functions and duties of such governing body with respect to establishing and maintaining the Program; and (iv) mechanisms for coordinating with partner countries selected to participate in the Program. (B) With respect to the selection of partner countries initially selected to participate in the Program— (i) an identification of each such country; (ii) the rationale for selecting each such country, including a description of— (I) the benefits to the military forces of the partner country; and (II) the benefits to the United States Armed Forces of participation by such country; (iii) a description of any limitation on the participation of a selected partner country; and (iv) any other information the Secretary considers appropriate. (C) A list of additional authorities, appropriations, or other congressional support necessary to ensure the success of the Program. (D) A campaign of objectives for the first three fiscal years of the Program, including— (i) a description of, and a rationale for selecting, such objectives; (ii) an identification of milestones toward achieving such objectives; and (iii) metrics for evaluating success in achieving such objectives. (E) A description of opportunities and potential timelines for future Program expansion, as appropriate. (F) Any other information the Secretary considers appropriate. (3) Form \nThe strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (e) Report \n(1) In general \nNot later than September 20, 2025, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the Program. (2) Elements \nEach report required by paragraph (1) shall include the following: (A) A narrative summary of activities conducted as part of the Program during the preceding fiscal year. (B) Except in the case of the initial report, an assessment of progress toward the objectives established for the preceding fiscal year described in the preceding report under this subsection using the metrics established in such report. (C) A campaign of objectives for the three fiscal years following the date of submission of the report, including— (i) a description of, and a rationale for selecting, such objectives; (ii) an identification of milestones toward achieving such objectives; and (iii) metrics for evaluating success in achieving such objectives. (D) A description of opportunities and potential timelines for future Program expansion, as appropriate. (E) Any other information the Secretary considers appropriate. (3) Form \nEach report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (f) Termination \nThe Program shall terminate on December 31, 2029. (g) Contested logistics environment defined \nIn this section, the term contested logistics environment means an environment in which the United States Armed Forces or the military forces of a partner country engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.", "id": "idD2B164500669488786AB2157BE2AC3CD", "header": "Collaboration with partner countries to develop and maintain military-wide transformational strategies for operational energy", "nested": [ { "text": "(a) Establishment \n(1) In general \nNot later than January 1, 2025, the Secretary of Defense shall establish a partnership program using existing authorities to collaborate with the military forces of partner countries in developing and maintaining military-wide transformational strategies for operational energy (in this section referred to as the Program ). (2) Organization \nThe Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the Under Secretary of Defense for Policy and in consultation with the Secretaries of the military departments, the commanders of the combatant commands, and any other individual the Secretary of Defense considers appropriate, shall be responsible for, and shall oversee, the Program.", "id": "idc9949e1fc79b4e049482203a8a93e0bd", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Objective \nThe objective of the Program is to promote the readiness of the United States Armed Forces and the military forces of partner countries for missions in contested logistics environments by focusing on demand reduction and employing more diverse and renewable operational energy sources so as to enhance energy security, energy resilience, and energy conservation, reduce logistical vulnerabilities, and ensure that supply lines are resilient to extreme weather, disruptions to energy supplies, and direct or indirect cyber attacks.", "id": "id9c7cb38770b142c8a740517eb5f7d768", "header": "Objective", "nested": [], "links": [] }, { "text": "(c) Activities \n(1) In general \nUnder the Program, the United States Armed Forces and the military forces of each participating partner country shall, in coordination— (A) establish policies to improve warfighting capability through energy security and energy resilience; (B) integrate efforts to mitigate mutual contested logistics challenges through the reduction of operational energy demand; (C) identify and mitigate operational energy challenges presented by any contested logistics environment, including through developing innovative delivery systems, distributed storage, flexible contracting, and improved automation; (D) assess and integrate, to the extent practicable, any technology, including electric, hydrogen, nuclear, biofuels, and any other sustainable fuel technology or renewable energy technology, that may reduce operational energy demand in the near term or long term; (E) assess and consider any infrastructure investment of allied and partner countries that may affect operational energy availability in the event of a conflict with a near-peer adversary; and (F) assess and integrate, to the extent practicable— (i) any technology that increases sustainability; and (ii) any practice, technology, or strategy that reduces negative impacts on human health. (2) Country considerations \nIn carrying out any activity under paragraph (1), to the extent practicable, the relevant existing and past military conflicts and cultural practices of, and beliefs prevalent in, the participating country shall be taken into account.", "id": "idadf58804c38141a19c3c4f41f34e4286", "header": "Activities", "nested": [], "links": [] }, { "text": "(d) Strategy \n(1) In general \nNot later than September 30, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a strategy for the implementation of the Program. (2) Elements \nThe strategy required by paragraph (1) shall include the following: (A) A governance structure for the Program, including— (i) the officials tasked to oversee the Program; (ii) the format of the governing body of the Program; (iii) the functions and duties of such governing body with respect to establishing and maintaining the Program; and (iv) mechanisms for coordinating with partner countries selected to participate in the Program. (B) With respect to the selection of partner countries initially selected to participate in the Program— (i) an identification of each such country; (ii) the rationale for selecting each such country, including a description of— (I) the benefits to the military forces of the partner country; and (II) the benefits to the United States Armed Forces of participation by such country; (iii) a description of any limitation on the participation of a selected partner country; and (iv) any other information the Secretary considers appropriate. (C) A list of additional authorities, appropriations, or other congressional support necessary to ensure the success of the Program. (D) A campaign of objectives for the first three fiscal years of the Program, including— (i) a description of, and a rationale for selecting, such objectives; (ii) an identification of milestones toward achieving such objectives; and (iii) metrics for evaluating success in achieving such objectives. (E) A description of opportunities and potential timelines for future Program expansion, as appropriate. (F) Any other information the Secretary considers appropriate. (3) Form \nThe strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.", "id": "id99102469b00049c08d8836e0d4b9c0d6", "header": "Strategy", "nested": [], "links": [] }, { "text": "(e) Report \n(1) In general \nNot later than September 20, 2025, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the Program. (2) Elements \nEach report required by paragraph (1) shall include the following: (A) A narrative summary of activities conducted as part of the Program during the preceding fiscal year. (B) Except in the case of the initial report, an assessment of progress toward the objectives established for the preceding fiscal year described in the preceding report under this subsection using the metrics established in such report. (C) A campaign of objectives for the three fiscal years following the date of submission of the report, including— (i) a description of, and a rationale for selecting, such objectives; (ii) an identification of milestones toward achieving such objectives; and (iii) metrics for evaluating success in achieving such objectives. (D) A description of opportunities and potential timelines for future Program expansion, as appropriate. (E) Any other information the Secretary considers appropriate. (3) Form \nEach report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.", "id": "id3a7ebecc4b7d4bc792085b6a46928f60", "header": "Report", "nested": [], "links": [] }, { "text": "(f) Termination \nThe Program shall terminate on December 31, 2029.", "id": "id71a336701aed4be9a0224473a5e6f70d", "header": "Termination", "nested": [], "links": [] }, { "text": "(g) Contested logistics environment defined \nIn this section, the term contested logistics environment means an environment in which the United States Armed Forces or the military forces of a partner country engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.", "id": "idd0a9709f627c42d596f6780ae7a1bd2b", "header": "Contested logistics environment defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1393. Modification of support of special operations for irregular warfare \n(a) In general \nChapter 3 of title 10, United States Code, is amended by inserting after section 127c the following: 127d. Support of special operations for irregular warfare \n(a) Authority \nThe Secretary of Defense may, with the concurrence of the relevant Chief of Mission, expend up to $20,000,000 during any fiscal year to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing and authorized irregular warfare operations by United States Special Operations Forces. (b) Funds \nFunds for support under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for the Department of Defense for operation and maintenance. (c) Procedures \n(1) In general \nThe authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. (2) Elements \nThe procedures required under paragraph (1) shall establish, at a minimum, the following: (A) Policy guidance for the execution of, and constraints within, activities under the authority in this section. (B) The processes through which activities under the authority in this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government. (C) The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security of the United States. (D) The processes to ensure, to the extent practicable, that before a decision to provide support is made, the recipients of support do not pose a counterintelligence or force protection threat and have not engaged in gross violations of human rights. (E) The processes by which the Department shall keep the congressional defense committees fully and currently informed of— (i) the requirements for the use of the authority in this section; and (ii) activities conducted under such authority. (3) Notice to Congress on procedures and material modifications \nThe Secretary shall notify the congressional defense committees of the procedures established pursuant to this section before any exercise of the authority in this section, and shall notify such committee of any material modification of the procedures. (d) Construction of authority \nNothing in this section shall be construed to constitute a specific statutory authorization for any of the following: (1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) ). (2) The introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c) )) into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. (3) The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. (4) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict. (e) Limitation on delegation \nThe authority of the Secretary to make funds available under this section for support of a military operation may not be delegated. (f) Programmatic and policy oversight \nThe Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall have primary programmatic and policy oversight within the Office of the Secretary of Defense of support to irregular warfare activities authorized by this section. (g) Notification \n(1) In general \nNot later than 15 days before exercising the authority in this section to make funds available to initiate support of an ongoing and authorized operation or changing the scope or funding level of any support under this section for such an operation by $500,000 or an amount equal to 10 percent of such funding level (whichever is less), the Secretary shall notify the congressional defense committees of the use of such authority with respect to such operation. Any such notification shall be in writing. (2) Elements \nA notification required by this subsection shall include the following: (A) The type of support to be provided to United States Special Operations Forces, and a description of the ongoing and authorized operation to be supported. (B) A description of the foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating the ongoing and authorized operation that is to be the recipient of funds. (C) The type of support to be provided to the recipient of the funds, and a description of the end-use monitoring to be used in connection with the use of the funds. (D) The amount obligated under the authority to provide support. (E) The duration for which the support is expected to be provided, and an identification of the timeframe in which the provision of support will be reviewed by the commander of the applicable combatant command for a determination with respect to the necessity of continuing such support. (F) The determination of the Secretary that the provision of support does not constitute any of the following: (i) An introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c) )) into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution ( 50 U.S.C. 1544(b) ). (ii) A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) ). (iii) An authorization for the provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. (iv) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict. (h) Notification of suspension or termination of support \n(1) In general \nNot later than 48 hours after suspending or terminating support to any foreign force, irregular force, group, or individual provided pursuant to the authority in this section, the Secretary shall submit to the congressional defense committees a written notice of such suspension or termination. (2) Elements \nThe written notice required by paragraph (1) shall include each of the following: (A) A description of the reasons for the suspension or termination of such support. (B) A description of any effect on regional, theater, or global campaign plan objectives anticipated to result from such suspension or termination. (C) A plan for such suspension or termination, and, in the case of support that is planned to be transitioned to any other program of the Department of Defense or to a program of any other Federal department or agency, a detailed description of the transition plan, including the resources, equipment, capabilities, and personnel associated with such plan. (i) Biannual reports \n(1) Report on preceding fiscal year \nNot later than 120 days after the close of each fiscal year in which subsection (a) is in effect, the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the preceding fiscal year. (2) Report on current calendar year \nNot later than 180 days after the submittal of each report required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the first half of the fiscal year in which the report under this paragraph is submitted. (3) Elements \nEach report required by this subsection shall include the following: (A) A summary of the ongoing irregular warfare operations, and associated authorized campaign plans, being conducted by United States Special Operations Forces that were supported or facilitated by foreign forces, irregular forces, groups, or individuals for which support was provided under this section during the period covered by such report. (B) A description of the support or facilitation provided by such foreign forces, irregular forces, groups, or individuals to United States Special Operations Forces during such period. (C) The type of recipients that were provided support under this section during such period, identified by authorized category (foreign forces, irregular forces, groups, or individuals). (D) A detailed description of the support provided to the recipients under this section during such period. (E) The total amount obligated for support under this section during such period, including budget details. (F) The intended duration of support provided under this section during such period. (G) An assessment of value of the support provided under this section during such period, including a summary of significant activities undertaken by foreign forces, irregular forces, groups, or individuals to support irregular warfare operations by United States Special Operations Forces. (H) The total amount obligated for support under this section in prior fiscal years. (j) Quarterly briefings \n(1) In general \nNot less frequently than quarterly, the Secretary shall provide to the congressional defense committees a briefing on the use of the authority provided by this section, and other matters relating to irregular warfare, with the primary purposes of— (A) keeping the congressional defense committees fully and currently informed of irregular warfare requirements and activities, including emerging combatant commands requirements; and (B) consulting with the congressional defense committees regarding such matters. (2) Elements \nEach briefing required by paragraph (1) shall include the following: (A) An update on irregular warfare activities within each geographic combatant command and a description of the manner in which such activities support the respective theater campaign plan and the National Defense Strategy. (B) An overview of relevant authorities and legal issues, including limitations. (C) An overview of irregular warfare-related interagency activities and initiatives. (D) A description of emerging combatant command requirements for the use of the authority provided by this section. (k) Irregular warfare defined \nSubject to subsection (f), in this section, the term irregular warfare means Department of Defense activities not involving armed conflict that support predetermined United States policy and military objectives conducted by, with, and through regular forces, irregular forces, groups, and individuals.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 127c the following new item: 127d. Support of special operations for irregular warfare.. (c) Repeal \nSection 1202 of the National Defense Authorization Act for Fiscal Year 2018 is repealed.", "id": "idEE9F974C2BEC4C4E9B77A316C93D96AB", "header": "Modification of support of special operations for irregular warfare", "nested": [ { "text": "(a) In general \nChapter 3 of title 10, United States Code, is amended by inserting after section 127c the following: 127d. Support of special operations for irregular warfare \n(a) Authority \nThe Secretary of Defense may, with the concurrence of the relevant Chief of Mission, expend up to $20,000,000 during any fiscal year to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing and authorized irregular warfare operations by United States Special Operations Forces. (b) Funds \nFunds for support under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for the Department of Defense for operation and maintenance. (c) Procedures \n(1) In general \nThe authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. (2) Elements \nThe procedures required under paragraph (1) shall establish, at a minimum, the following: (A) Policy guidance for the execution of, and constraints within, activities under the authority in this section. (B) The processes through which activities under the authority in this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government. (C) The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security of the United States. (D) The processes to ensure, to the extent practicable, that before a decision to provide support is made, the recipients of support do not pose a counterintelligence or force protection threat and have not engaged in gross violations of human rights. (E) The processes by which the Department shall keep the congressional defense committees fully and currently informed of— (i) the requirements for the use of the authority in this section; and (ii) activities conducted under such authority. (3) Notice to Congress on procedures and material modifications \nThe Secretary shall notify the congressional defense committees of the procedures established pursuant to this section before any exercise of the authority in this section, and shall notify such committee of any material modification of the procedures. (d) Construction of authority \nNothing in this section shall be construed to constitute a specific statutory authorization for any of the following: (1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) ). (2) The introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c) )) into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. (3) The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. (4) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict. (e) Limitation on delegation \nThe authority of the Secretary to make funds available under this section for support of a military operation may not be delegated. (f) Programmatic and policy oversight \nThe Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall have primary programmatic and policy oversight within the Office of the Secretary of Defense of support to irregular warfare activities authorized by this section. (g) Notification \n(1) In general \nNot later than 15 days before exercising the authority in this section to make funds available to initiate support of an ongoing and authorized operation or changing the scope or funding level of any support under this section for such an operation by $500,000 or an amount equal to 10 percent of such funding level (whichever is less), the Secretary shall notify the congressional defense committees of the use of such authority with respect to such operation. Any such notification shall be in writing. (2) Elements \nA notification required by this subsection shall include the following: (A) The type of support to be provided to United States Special Operations Forces, and a description of the ongoing and authorized operation to be supported. (B) A description of the foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating the ongoing and authorized operation that is to be the recipient of funds. (C) The type of support to be provided to the recipient of the funds, and a description of the end-use monitoring to be used in connection with the use of the funds. (D) The amount obligated under the authority to provide support. (E) The duration for which the support is expected to be provided, and an identification of the timeframe in which the provision of support will be reviewed by the commander of the applicable combatant command for a determination with respect to the necessity of continuing such support. (F) The determination of the Secretary that the provision of support does not constitute any of the following: (i) An introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c) )) into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution ( 50 U.S.C. 1544(b) ). (ii) A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) ). (iii) An authorization for the provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. (iv) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict. (h) Notification of suspension or termination of support \n(1) In general \nNot later than 48 hours after suspending or terminating support to any foreign force, irregular force, group, or individual provided pursuant to the authority in this section, the Secretary shall submit to the congressional defense committees a written notice of such suspension or termination. (2) Elements \nThe written notice required by paragraph (1) shall include each of the following: (A) A description of the reasons for the suspension or termination of such support. (B) A description of any effect on regional, theater, or global campaign plan objectives anticipated to result from such suspension or termination. (C) A plan for such suspension or termination, and, in the case of support that is planned to be transitioned to any other program of the Department of Defense or to a program of any other Federal department or agency, a detailed description of the transition plan, including the resources, equipment, capabilities, and personnel associated with such plan. (i) Biannual reports \n(1) Report on preceding fiscal year \nNot later than 120 days after the close of each fiscal year in which subsection (a) is in effect, the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the preceding fiscal year. (2) Report on current calendar year \nNot later than 180 days after the submittal of each report required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the first half of the fiscal year in which the report under this paragraph is submitted. (3) Elements \nEach report required by this subsection shall include the following: (A) A summary of the ongoing irregular warfare operations, and associated authorized campaign plans, being conducted by United States Special Operations Forces that were supported or facilitated by foreign forces, irregular forces, groups, or individuals for which support was provided under this section during the period covered by such report. (B) A description of the support or facilitation provided by such foreign forces, irregular forces, groups, or individuals to United States Special Operations Forces during such period. (C) The type of recipients that were provided support under this section during such period, identified by authorized category (foreign forces, irregular forces, groups, or individuals). (D) A detailed description of the support provided to the recipients under this section during such period. (E) The total amount obligated for support under this section during such period, including budget details. (F) The intended duration of support provided under this section during such period. (G) An assessment of value of the support provided under this section during such period, including a summary of significant activities undertaken by foreign forces, irregular forces, groups, or individuals to support irregular warfare operations by United States Special Operations Forces. (H) The total amount obligated for support under this section in prior fiscal years. (j) Quarterly briefings \n(1) In general \nNot less frequently than quarterly, the Secretary shall provide to the congressional defense committees a briefing on the use of the authority provided by this section, and other matters relating to irregular warfare, with the primary purposes of— (A) keeping the congressional defense committees fully and currently informed of irregular warfare requirements and activities, including emerging combatant commands requirements; and (B) consulting with the congressional defense committees regarding such matters. (2) Elements \nEach briefing required by paragraph (1) shall include the following: (A) An update on irregular warfare activities within each geographic combatant command and a description of the manner in which such activities support the respective theater campaign plan and the National Defense Strategy. (B) An overview of relevant authorities and legal issues, including limitations. (C) An overview of irregular warfare-related interagency activities and initiatives. (D) A description of emerging combatant command requirements for the use of the authority provided by this section. (k) Irregular warfare defined \nSubject to subsection (f), in this section, the term irregular warfare means Department of Defense activities not involving armed conflict that support predetermined United States policy and military objectives conducted by, with, and through regular forces, irregular forces, groups, and individuals..", "id": "id739384dd584a4c0c8d95857c87817352", "header": "In general", "nested": [], "links": [ { "text": "Chapter 3", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/3" }, { "text": "section 127c", "legal-doc": "usc", "parsable-cite": "usc/10/127c" }, { "text": "50 U.S.C. 3093(e)", "legal-doc": "usc", "parsable-cite": "usc/50/3093" }, { "text": "50 U.S.C. 1547(c)", "legal-doc": "usc", "parsable-cite": "usc/50/1547" }, { "text": "50 U.S.C. 1547(c)", "legal-doc": "usc", "parsable-cite": "usc/50/1547" }, { "text": "50 U.S.C. 1544(b)", "legal-doc": "usc", "parsable-cite": "usc/50/1544" }, { "text": "50 U.S.C. 3093(e)", "legal-doc": "usc", "parsable-cite": "usc/50/3093" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 127c the following new item: 127d. Support of special operations for irregular warfare..", "id": "idaed0f07a297b4f4bb5c544c266f0efab", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Repeal \nSection 1202 of the National Defense Authorization Act for Fiscal Year 2018 is repealed.", "id": "id9681ed0e7b8d43f196bebc8a405c9535", "header": "Repeal", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 3", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/3" }, { "text": "section 127c", "legal-doc": "usc", "parsable-cite": "usc/10/127c" }, { "text": "50 U.S.C. 3093(e)", "legal-doc": "usc", "parsable-cite": "usc/50/3093" }, { "text": "50 U.S.C. 1547(c)", "legal-doc": "usc", "parsable-cite": "usc/50/1547" }, { "text": "50 U.S.C. 1547(c)", "legal-doc": "usc", "parsable-cite": "usc/50/1547" }, { "text": "50 U.S.C. 1544(b)", "legal-doc": "usc", "parsable-cite": "usc/50/1544" }, { "text": "50 U.S.C. 3093(e)", "legal-doc": "usc", "parsable-cite": "usc/50/3093" } ] }, { "text": "127d. Support of special operations for irregular warfare \n(a) Authority \nThe Secretary of Defense may, with the concurrence of the relevant Chief of Mission, expend up to $20,000,000 during any fiscal year to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing and authorized irregular warfare operations by United States Special Operations Forces. (b) Funds \nFunds for support under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for the Department of Defense for operation and maintenance. (c) Procedures \n(1) In general \nThe authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. (2) Elements \nThe procedures required under paragraph (1) shall establish, at a minimum, the following: (A) Policy guidance for the execution of, and constraints within, activities under the authority in this section. (B) The processes through which activities under the authority in this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government. (C) The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security of the United States. (D) The processes to ensure, to the extent practicable, that before a decision to provide support is made, the recipients of support do not pose a counterintelligence or force protection threat and have not engaged in gross violations of human rights. (E) The processes by which the Department shall keep the congressional defense committees fully and currently informed of— (i) the requirements for the use of the authority in this section; and (ii) activities conducted under such authority. (3) Notice to Congress on procedures and material modifications \nThe Secretary shall notify the congressional defense committees of the procedures established pursuant to this section before any exercise of the authority in this section, and shall notify such committee of any material modification of the procedures. (d) Construction of authority \nNothing in this section shall be construed to constitute a specific statutory authorization for any of the following: (1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) ). (2) The introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c) )) into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. (3) The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. (4) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict. (e) Limitation on delegation \nThe authority of the Secretary to make funds available under this section for support of a military operation may not be delegated. (f) Programmatic and policy oversight \nThe Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall have primary programmatic and policy oversight within the Office of the Secretary of Defense of support to irregular warfare activities authorized by this section. (g) Notification \n(1) In general \nNot later than 15 days before exercising the authority in this section to make funds available to initiate support of an ongoing and authorized operation or changing the scope or funding level of any support under this section for such an operation by $500,000 or an amount equal to 10 percent of such funding level (whichever is less), the Secretary shall notify the congressional defense committees of the use of such authority with respect to such operation. Any such notification shall be in writing. (2) Elements \nA notification required by this subsection shall include the following: (A) The type of support to be provided to United States Special Operations Forces, and a description of the ongoing and authorized operation to be supported. (B) A description of the foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating the ongoing and authorized operation that is to be the recipient of funds. (C) The type of support to be provided to the recipient of the funds, and a description of the end-use monitoring to be used in connection with the use of the funds. (D) The amount obligated under the authority to provide support. (E) The duration for which the support is expected to be provided, and an identification of the timeframe in which the provision of support will be reviewed by the commander of the applicable combatant command for a determination with respect to the necessity of continuing such support. (F) The determination of the Secretary that the provision of support does not constitute any of the following: (i) An introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c) )) into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution ( 50 U.S.C. 1544(b) ). (ii) A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) ). (iii) An authorization for the provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. (iv) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict. (h) Notification of suspension or termination of support \n(1) In general \nNot later than 48 hours after suspending or terminating support to any foreign force, irregular force, group, or individual provided pursuant to the authority in this section, the Secretary shall submit to the congressional defense committees a written notice of such suspension or termination. (2) Elements \nThe written notice required by paragraph (1) shall include each of the following: (A) A description of the reasons for the suspension or termination of such support. (B) A description of any effect on regional, theater, or global campaign plan objectives anticipated to result from such suspension or termination. (C) A plan for such suspension or termination, and, in the case of support that is planned to be transitioned to any other program of the Department of Defense or to a program of any other Federal department or agency, a detailed description of the transition plan, including the resources, equipment, capabilities, and personnel associated with such plan. (i) Biannual reports \n(1) Report on preceding fiscal year \nNot later than 120 days after the close of each fiscal year in which subsection (a) is in effect, the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the preceding fiscal year. (2) Report on current calendar year \nNot later than 180 days after the submittal of each report required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the first half of the fiscal year in which the report under this paragraph is submitted. (3) Elements \nEach report required by this subsection shall include the following: (A) A summary of the ongoing irregular warfare operations, and associated authorized campaign plans, being conducted by United States Special Operations Forces that were supported or facilitated by foreign forces, irregular forces, groups, or individuals for which support was provided under this section during the period covered by such report. (B) A description of the support or facilitation provided by such foreign forces, irregular forces, groups, or individuals to United States Special Operations Forces during such period. (C) The type of recipients that were provided support under this section during such period, identified by authorized category (foreign forces, irregular forces, groups, or individuals). (D) A detailed description of the support provided to the recipients under this section during such period. (E) The total amount obligated for support under this section during such period, including budget details. (F) The intended duration of support provided under this section during such period. (G) An assessment of value of the support provided under this section during such period, including a summary of significant activities undertaken by foreign forces, irregular forces, groups, or individuals to support irregular warfare operations by United States Special Operations Forces. (H) The total amount obligated for support under this section in prior fiscal years. (j) Quarterly briefings \n(1) In general \nNot less frequently than quarterly, the Secretary shall provide to the congressional defense committees a briefing on the use of the authority provided by this section, and other matters relating to irregular warfare, with the primary purposes of— (A) keeping the congressional defense committees fully and currently informed of irregular warfare requirements and activities, including emerging combatant commands requirements; and (B) consulting with the congressional defense committees regarding such matters. (2) Elements \nEach briefing required by paragraph (1) shall include the following: (A) An update on irregular warfare activities within each geographic combatant command and a description of the manner in which such activities support the respective theater campaign plan and the National Defense Strategy. (B) An overview of relevant authorities and legal issues, including limitations. (C) An overview of irregular warfare-related interagency activities and initiatives. (D) A description of emerging combatant command requirements for the use of the authority provided by this section. (k) Irregular warfare defined \nSubject to subsection (f), in this section, the term irregular warfare means Department of Defense activities not involving armed conflict that support predetermined United States policy and military objectives conducted by, with, and through regular forces, irregular forces, groups, and individuals.", "id": "id677d61ec1ab54ea784110e6262067b2b", "header": "Support of special operations for irregular warfare", "nested": [ { "text": "(a) Authority \nThe Secretary of Defense may, with the concurrence of the relevant Chief of Mission, expend up to $20,000,000 during any fiscal year to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing and authorized irregular warfare operations by United States Special Operations Forces.", "id": "id9a39d710806f46a29fcb558c2777a9df", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Funds \nFunds for support under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for the Department of Defense for operation and maintenance.", "id": "idc0bc867107f847349dce86977f716c33", "header": "Funds", "nested": [], "links": [] }, { "text": "(c) Procedures \n(1) In general \nThe authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. (2) Elements \nThe procedures required under paragraph (1) shall establish, at a minimum, the following: (A) Policy guidance for the execution of, and constraints within, activities under the authority in this section. (B) The processes through which activities under the authority in this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government. (C) The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security of the United States. (D) The processes to ensure, to the extent practicable, that before a decision to provide support is made, the recipients of support do not pose a counterintelligence or force protection threat and have not engaged in gross violations of human rights. (E) The processes by which the Department shall keep the congressional defense committees fully and currently informed of— (i) the requirements for the use of the authority in this section; and (ii) activities conducted under such authority. (3) Notice to Congress on procedures and material modifications \nThe Secretary shall notify the congressional defense committees of the procedures established pursuant to this section before any exercise of the authority in this section, and shall notify such committee of any material modification of the procedures.", "id": "id94cc79793a6a461fbd5358e337f6eccd", "header": "Procedures", "nested": [], "links": [] }, { "text": "(d) Construction of authority \nNothing in this section shall be construed to constitute a specific statutory authorization for any of the following: (1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) ). (2) The introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c) )) into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. (3) The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. (4) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.", "id": "id449a2cd0d24447379c800ee2dd12a6a3", "header": "Construction of authority", "nested": [], "links": [ { "text": "50 U.S.C. 3093(e)", "legal-doc": "usc", "parsable-cite": "usc/50/3093" }, { "text": "50 U.S.C. 1547(c)", "legal-doc": "usc", "parsable-cite": "usc/50/1547" } ] }, { "text": "(e) Limitation on delegation \nThe authority of the Secretary to make funds available under this section for support of a military operation may not be delegated.", "id": "id5d3ff27098054d79be621dc8021d03d9", "header": "Limitation on delegation", "nested": [], "links": [] }, { "text": "(f) Programmatic and policy oversight \nThe Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall have primary programmatic and policy oversight within the Office of the Secretary of Defense of support to irregular warfare activities authorized by this section.", "id": "id038851bb02454d7e91466a01bb401808", "header": "Programmatic and policy oversight", "nested": [], "links": [] }, { "text": "(g) Notification \n(1) In general \nNot later than 15 days before exercising the authority in this section to make funds available to initiate support of an ongoing and authorized operation or changing the scope or funding level of any support under this section for such an operation by $500,000 or an amount equal to 10 percent of such funding level (whichever is less), the Secretary shall notify the congressional defense committees of the use of such authority with respect to such operation. Any such notification shall be in writing. (2) Elements \nA notification required by this subsection shall include the following: (A) The type of support to be provided to United States Special Operations Forces, and a description of the ongoing and authorized operation to be supported. (B) A description of the foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating the ongoing and authorized operation that is to be the recipient of funds. (C) The type of support to be provided to the recipient of the funds, and a description of the end-use monitoring to be used in connection with the use of the funds. (D) The amount obligated under the authority to provide support. (E) The duration for which the support is expected to be provided, and an identification of the timeframe in which the provision of support will be reviewed by the commander of the applicable combatant command for a determination with respect to the necessity of continuing such support. (F) The determination of the Secretary that the provision of support does not constitute any of the following: (i) An introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c) )) into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution ( 50 U.S.C. 1544(b) ). (ii) A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) ). (iii) An authorization for the provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. (iv) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.", "id": "iddbcaaaa3c6c4416e950e94e571079906", "header": "Notification", "nested": [], "links": [ { "text": "50 U.S.C. 1547(c)", "legal-doc": "usc", "parsable-cite": "usc/50/1547" }, { "text": "50 U.S.C. 1544(b)", "legal-doc": "usc", "parsable-cite": "usc/50/1544" }, { "text": "50 U.S.C. 3093(e)", "legal-doc": "usc", "parsable-cite": "usc/50/3093" } ] }, { "text": "(h) Notification of suspension or termination of support \n(1) In general \nNot later than 48 hours after suspending or terminating support to any foreign force, irregular force, group, or individual provided pursuant to the authority in this section, the Secretary shall submit to the congressional defense committees a written notice of such suspension or termination. (2) Elements \nThe written notice required by paragraph (1) shall include each of the following: (A) A description of the reasons for the suspension or termination of such support. (B) A description of any effect on regional, theater, or global campaign plan objectives anticipated to result from such suspension or termination. (C) A plan for such suspension or termination, and, in the case of support that is planned to be transitioned to any other program of the Department of Defense or to a program of any other Federal department or agency, a detailed description of the transition plan, including the resources, equipment, capabilities, and personnel associated with such plan.", "id": "id153f3319a7b744fb84d17c558d3ed8b0", "header": "Notification of suspension or termination of support", "nested": [], "links": [] }, { "text": "(i) Biannual reports \n(1) Report on preceding fiscal year \nNot later than 120 days after the close of each fiscal year in which subsection (a) is in effect, the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the preceding fiscal year. (2) Report on current calendar year \nNot later than 180 days after the submittal of each report required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the first half of the fiscal year in which the report under this paragraph is submitted. (3) Elements \nEach report required by this subsection shall include the following: (A) A summary of the ongoing irregular warfare operations, and associated authorized campaign plans, being conducted by United States Special Operations Forces that were supported or facilitated by foreign forces, irregular forces, groups, or individuals for which support was provided under this section during the period covered by such report. (B) A description of the support or facilitation provided by such foreign forces, irregular forces, groups, or individuals to United States Special Operations Forces during such period. (C) The type of recipients that were provided support under this section during such period, identified by authorized category (foreign forces, irregular forces, groups, or individuals). (D) A detailed description of the support provided to the recipients under this section during such period. (E) The total amount obligated for support under this section during such period, including budget details. (F) The intended duration of support provided under this section during such period. (G) An assessment of value of the support provided under this section during such period, including a summary of significant activities undertaken by foreign forces, irregular forces, groups, or individuals to support irregular warfare operations by United States Special Operations Forces. (H) The total amount obligated for support under this section in prior fiscal years.", "id": "idcdec1dc83ebf41ee88dca405d24da8e9", "header": "Biannual reports", "nested": [], "links": [] }, { "text": "(j) Quarterly briefings \n(1) In general \nNot less frequently than quarterly, the Secretary shall provide to the congressional defense committees a briefing on the use of the authority provided by this section, and other matters relating to irregular warfare, with the primary purposes of— (A) keeping the congressional defense committees fully and currently informed of irregular warfare requirements and activities, including emerging combatant commands requirements; and (B) consulting with the congressional defense committees regarding such matters. (2) Elements \nEach briefing required by paragraph (1) shall include the following: (A) An update on irregular warfare activities within each geographic combatant command and a description of the manner in which such activities support the respective theater campaign plan and the National Defense Strategy. (B) An overview of relevant authorities and legal issues, including limitations. (C) An overview of irregular warfare-related interagency activities and initiatives. (D) A description of emerging combatant command requirements for the use of the authority provided by this section.", "id": "id4a3d8477a2c3487a933860646a46800c", "header": "Quarterly briefings", "nested": [], "links": [] }, { "text": "(k) Irregular warfare defined \nSubject to subsection (f), in this section, the term irregular warfare means Department of Defense activities not involving armed conflict that support predetermined United States policy and military objectives conducted by, with, and through regular forces, irregular forces, groups, and individuals.", "id": "ida894b95143d14cc396fe4bcc6f4e5226", "header": "Irregular warfare defined", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3093(e)", "legal-doc": "usc", "parsable-cite": "usc/50/3093" }, { "text": "50 U.S.C. 1547(c)", "legal-doc": "usc", "parsable-cite": "usc/50/1547" }, { "text": "50 U.S.C. 1547(c)", "legal-doc": "usc", "parsable-cite": "usc/50/1547" }, { "text": "50 U.S.C. 1544(b)", "legal-doc": "usc", "parsable-cite": "usc/50/1544" }, { "text": "50 U.S.C. 3093(e)", "legal-doc": "usc", "parsable-cite": "usc/50/3093" } ] }, { "text": "1394. Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment \nSection 127f of title 10, United States Code, is amended— (1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (g), and (h), respectively; (2) by inserting after subsection (b) the following new subsection (c): (c) Procedures \n(1) In general \nThe authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. (2) Elements \nThe procedures required under paragraph (1) shall establish, at a minimum, each of the following: (A) Policy, strategy, or other guidance for the execution of, and constraints within, activities conducted under this section. (B) The processes through which activities conducted under this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government. (C) The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security interests of the United States. (D) The processes by which the Department of Defense shall keep the congressional defense committees fully and currently informed of— (i) the requirements for the use of the authority in this section; and (ii) activities conducted under such authority. (3) Notice to Congress \nThe Secretary shall notify the congressional defense committees of any material modification to the procedures established under paragraph (1). ; (3) by inserting after subsection (e), as redesignated, the following new subsection (f): (f) Notification \nNot later than 15 days before exercising the authority in this section to make funds available to initiate a new operational preparation of the environment activity or changing the scope or funding level of any support for such an operation by $1,000,000 or an amount equal to 20 percent of such funding level (whichever is less), or not later than 48 hours after exercising such authority if the Secretary determines that extraordinary circumstances that impact the national security of the United States exist, the Secretary shall notify the congressional defense committees of the use of such authority with respect to that activity. Any such notification shall be in writing. ; and (4) by adding at the end the following new subsections: (i) Oversight by Assistant Secretary of Defense for Special Operations and Low Intensity Conflict \nThe Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall have primary responsibility within the Office of the Secretary of Defense for oversight of policies and programs authorized by this section. (j) Construction of authority \nNothing in this section may be construed to constitute authority to conduct, or provide statutory authorization for, any of the following: (1) Execution of operational activities. (2) A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) ). (3) An introduction of the armed forces, (including the introduction of United States Armed Forces as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c) )), into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution ( 50 U.S.C. 1544(b) ). (4) Activities or support for activities, directly or indirectly, that are inconsistent with the laws of armed conflict. (k) Operational preparation of the environment defined \nIn this section, the term operational preparation of the environment means the conduct of activities in likely or potential operational areas to set conditions for mission execution..", "id": "idBB79D82C69684AF895030DD853A50689", "header": "Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment", "nested": [], "links": [ { "text": "50 U.S.C. 3093(e)", "legal-doc": "usc", "parsable-cite": "usc/50/3093" }, { "text": "50 U.S.C. 1547(c)", "legal-doc": "usc", "parsable-cite": "usc/50/1547" }, { "text": "50 U.S.C. 1544(b)", "legal-doc": "usc", "parsable-cite": "usc/50/1544" } ] }, { "text": "1395. Modification of initiative to support protection of national security academic researchers from undue influence and other security threats \nSection 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 4001 note) is amended— (1) in subsection (c)— (A) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; (B) by inserting after paragraph (6) the following new paragraph (7): (7) Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly contract or make other financial arrangements with entities identified in the list described in paragraph (9), which policies shall include— (A) use of such list as part of a risk assessment decision matrix during proposal evaluations, including the development of a question for proposers or broad area announcements that require proposers to disclose any contractual or financial connections with such entities; (B) a requirement that the Department shall notify a proposer of suspected noncompliance with a policy issued under this paragraph and provide not less than 30 days to take actions to remedy such noncompliance; (C) the establishment of an appeals procedure under which a proposer may appeal a negative decision on a proposal if the decision is based on a determination informed by such list; and (D) a requirement that each awardee of funding provided by the Department shall disclose to the Department any contract or financial arrangement made with such an entity during the period of the award. ; and (C) by adding at the end the following new paragraph: (11) Development of measures of effectiveness and performance to assess and track progress of the Department of Defense across the initiative, which measures shall include— (A) the evaluation of currently available data to support the assessment of such measures, including the identification of areas in which gaps exist that may require collection of completely new data, or modifications to existing data sets; (B) current means and methods for the collection of data in an automated manner, including the identification of areas in which gaps exist that may require new means for data collection or visualization of such data; and (C) the development of an analysis and assessment methodology framework to make tradeoffs between the measures developed under this paragraph and other metrics related to assessing undue foreign influence on the Department of Defense research enterprise, such as commercial due diligence, beneficial ownership, and foreign ownership, control, and influence. ; and (2) in subsection (e)(2), by adding at the end the following new subparagraph: (G) A description of the status of the measures of effectiveness and performance described in subsection (c)(11) for the period covered by such report, including an analytical assessment of the impact of such measures on the goals of the initiative..", "id": "ida5754480f75049c0820dc877bdfbc73a", "header": "Modification of initiative to support protection of national security academic researchers from undue influence and other security threats", "nested": [], "links": [ { "text": "10 U.S.C. 4001", "legal-doc": "usc", "parsable-cite": "usc/10/4001" } ] }, { "text": "1396. Modification of authority for certain payments to redress injury and loss \nSection 1213(h) of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 2731 note) is amended— (1) in paragraph (1), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), and moving such clauses, as redesignated, two ems to the right; (2) by redesignating paragraph (1) as subparagraph (A) and moving such subparagraph, as redesignated, two ems to the right; (3) by amending paragraph (2) to read as follows: (B) A description of any denied or refused ex gratia payment or request, including— (i) the date on which any such request was made; (ii) the steps the Department of Defense has taken to respond to the request; (iii) in the case of a refused payment, the reason for such refusal, if known; and (iv) any other reason for which a payment was not offered or made. ; (4) by redesignating paragraph (3) as subparagraph (C) and moving such subparagraph, as redesignated, two ems to the right; (5) by striking Not later than and inserting the following: (1) In general \nNot later than ; and (6) by adding at the end the following new paragraph (2): (2) Public availability \n(A) In general \nNot later than 15 days after the date on which the Secretary of Defense submits each report required by paragraph (1), the Secretary shall make the report available to the public in an electronic format. (B) Privacy \nThe Secretary of Defense shall exclude from each report made available to the public under subparagraph (A)— (i) confidential or personally identifiable information pertaining to specific payment recipients so as to ensure the safety and privacy of such recipients; and (ii) any confidential or classified information that would undermine Department of Defense operational security..", "id": "idd1970225e50f431e8d44d1df0ca916a5", "header": "Modification of authority for certain payments to redress injury and loss", "nested": [], "links": [ { "text": "10 U.S.C. 2731", "legal-doc": "usc", "parsable-cite": "usc/10/2731" } ] }, { "text": "1397. Modification of authority for cooperation on directed energy capabilities \n(a) Program authorization \nSection 1280 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3982; 22 U.S.C. 8606 note) is amended— (1) in subsection (d), in the first sentence— (A) by inserting acting through the Under Secretary of Defense for Research and Engineering, after the Secretary of Defense, ; and (B) by striking may establish a program and inserting is authorized ; and (2) by adding at the end the following new subsection: (e) Notification \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the appropriate committees of Congress an assessment detailing— (A) the most promising directed energy missile defense technologies available for co-development with the Government of Israel; (B) any risks relating to the implementation of a directed energy missile defense technology co-development program with the Government of Israel; (C) an anticipated spending plan for fiscal year 2024 funding authorized by the National Defense Authorization Act for Fiscal Year 2024 to carry out this section; and (D) initial projections for likely funding requirements to carry out a directed energy missile defense technology co-development program with the Government of Israel over the five fiscal years beginning after the date of the enactment of that Act, as applicable. (2) Appropriate committees of Congress defined \nIn this subsection, the term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.. (b) Additional funding \nThe amount authorized to be appropriated for fiscal year 2024 by section 4201 for research, development, test, and evaluation for Advanced Component Development and Prototypes is hereby increased by $25,000,000, with the amount of the increase to be available for Israeli Cooperative Programs (PE 0603913C). (c) Offset \nThe amount authorized to be appropriated for fiscal year 2024 by section 4201 for research, development, test, and evaluation for the Air Force is hereby decreased by $25,000,000, with the amount of the decrease to be taken from the amounts available for VC–25B (PE 0401319F).", "id": "id27933cf8c453452987ddc931932f907c", "header": "Modification of authority for cooperation on directed energy capabilities", "nested": [ { "text": "(a) Program authorization \nSection 1280 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3982; 22 U.S.C. 8606 note) is amended— (1) in subsection (d), in the first sentence— (A) by inserting acting through the Under Secretary of Defense for Research and Engineering, after the Secretary of Defense, ; and (B) by striking may establish a program and inserting is authorized ; and (2) by adding at the end the following new subsection: (e) Notification \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the appropriate committees of Congress an assessment detailing— (A) the most promising directed energy missile defense technologies available for co-development with the Government of Israel; (B) any risks relating to the implementation of a directed energy missile defense technology co-development program with the Government of Israel; (C) an anticipated spending plan for fiscal year 2024 funding authorized by the National Defense Authorization Act for Fiscal Year 2024 to carry out this section; and (D) initial projections for likely funding requirements to carry out a directed energy missile defense technology co-development program with the Government of Israel over the five fiscal years beginning after the date of the enactment of that Act, as applicable. (2) Appropriate committees of Congress defined \nIn this subsection, the term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives..", "id": "id864d2ccc57e3427fa513973a1ae4d67b", "header": "Program authorization", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "22 U.S.C. 8606", "legal-doc": "usc", "parsable-cite": "usc/22/8606" } ] }, { "text": "(b) Additional funding \nThe amount authorized to be appropriated for fiscal year 2024 by section 4201 for research, development, test, and evaluation for Advanced Component Development and Prototypes is hereby increased by $25,000,000, with the amount of the increase to be available for Israeli Cooperative Programs (PE 0603913C).", "id": "id9c9ecdb44d7c45f19a9708b376d55e2a", "header": "Additional funding", "nested": [], "links": [] }, { "text": "(c) Offset \nThe amount authorized to be appropriated for fiscal year 2024 by section 4201 for research, development, test, and evaluation for the Air Force is hereby decreased by $25,000,000, with the amount of the decrease to be taken from the amounts available for VC–25B (PE 0401319F).", "id": "ide6db5d6c959d41848a4583a5f22f51f2", "header": "Offset", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "22 U.S.C. 8606", "legal-doc": "usc", "parsable-cite": "usc/22/8606" } ] }, { "text": "1398. Modification of Arctic Security Initiative \nSection 1090(b)(2) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1927) is amended— (1) in subparagraph (A), by striking the Secretary may and inserting the Secretary shall ; and (2) in subparagraph (B)(i), by striking If the Initiative is established and inserting On the establishment of the Initiative.", "id": "id132D07E9FB6143409002CC845E95C8A1", "header": "Modification of Arctic Security Initiative", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "1399. Termination of authorization of non-conventional assisted recovery capabilities \nSection 943(g) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4578) is amended to read as follows: (g) Termination \nThe authority under this section shall terminate on December 31, 2023..", "id": "id37D7500A0F93487195BF54DAC4E6B013", "header": "Termination of authorization of non-conventional assisted recovery capabilities", "nested": [], "links": [ { "text": "Public Law 110–417", "legal-doc": "public-law", "parsable-cite": "pl/110/417" } ] }, { "text": "1399A. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen \nSection 1273 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1699) is amended to read as follows: 1273. Prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen \nFor the one-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Department of Defense may not provide in-flight refueling pursuant to section 2342 of title 10, United States Code, or any other applicable statutory authority, to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen unless and until a declaration of war or a specific statutory authorization for such use of the United States Armed Forces has been enacted..", "id": "idDBD8D9977E58446F97DAA6AB271842F3", "header": "Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" } ] }, { "text": "1273. Prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen \nFor the one-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Department of Defense may not provide in-flight refueling pursuant to section 2342 of title 10, United States Code, or any other applicable statutory authority, to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen unless and until a declaration of war or a specific statutory authorization for such use of the United States Armed Forces has been enacted.", "id": "ide7db2c34883f44efa6e31938b42b39b5", "header": "Prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen", "nested": [], "links": [] }, { "text": "1399B. Extension of United States-Israel anti-tunnel cooperation \nSection 1279(f) of the National Defense Authorization Act for Fiscal Year 2016 ( 22 U.S.C. 8606 note) is amended by striking December 31, 2024 and inserting December 31, 2026.", "id": "id93764426C8084C01959F27FD744541D8", "header": "Extension of United States-Israel anti-tunnel cooperation", "nested": [], "links": [ { "text": "22 U.S.C. 8606", "legal-doc": "usc", "parsable-cite": "usc/22/8606" } ] }, { "text": "1399C. Prohibition on delegation of authority to designate foreign partner forces as eligible for the provision of collective self-defense support by United States Armed Forces \n(a) In general \nThe authority to designate foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces may not be delegated below the Secretary of Defense. (b) Review \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall review existing designations of foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces and provide the congressional defense committees with a certification with respect to whether each such designation remains valid. (c) Waiver \n(1) In general \nThe Secretary may waive the prohibition under subsection (a) if the Secretary determines that there are compelling circumstances that necessitate the waiver of such prohibition. (2) Notice \nNot later than 48 hours after the Secretary exercises the waiver authority under paragraph (1), the Secretary shall submit to the congressional defense committees a notice of the waiver, which shall include— (A) a description of the compelling circumstances that necessitated the wavier; (B) a description of the United States national security interests served by the waiver; (C) an identification of any named operation related to the waiver; and (D) an articulation of any temporal, geographic, or other limitations on the waiver. (d) Rule of construction \nNothing in this section shall be construed as invalidating a designation of foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces that is in effect as of the date of the enactment of this Act. (e) Collective self-defense defined \nIn this section, the term collective self-defense means the use of United States military force to defend designated foreign partner forces, their facilities, and their property.", "id": "id8EDCA243A5AE450691A56D93684D73B7", "header": "Prohibition on delegation of authority to designate foreign partner forces as eligible for the provision of collective self-defense support by United States Armed Forces", "nested": [ { "text": "(a) In general \nThe authority to designate foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces may not be delegated below the Secretary of Defense.", "id": "id491abae2f3184ad396f78c92e4a77872", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Review \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall review existing designations of foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces and provide the congressional defense committees with a certification with respect to whether each such designation remains valid.", "id": "idfbed646949eb4d4192187220e576a249", "header": "Review", "nested": [], "links": [] }, { "text": "(c) Waiver \n(1) In general \nThe Secretary may waive the prohibition under subsection (a) if the Secretary determines that there are compelling circumstances that necessitate the waiver of such prohibition. (2) Notice \nNot later than 48 hours after the Secretary exercises the waiver authority under paragraph (1), the Secretary shall submit to the congressional defense committees a notice of the waiver, which shall include— (A) a description of the compelling circumstances that necessitated the wavier; (B) a description of the United States national security interests served by the waiver; (C) an identification of any named operation related to the waiver; and (D) an articulation of any temporal, geographic, or other limitations on the waiver.", "id": "idee3cc7c768f44a729544a685f5154e34", "header": "Waiver", "nested": [], "links": [] }, { "text": "(d) Rule of construction \nNothing in this section shall be construed as invalidating a designation of foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces that is in effect as of the date of the enactment of this Act.", "id": "id9e9f752e36204fffa57a661d00ad1e8a", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(e) Collective self-defense defined \nIn this section, the term collective self-defense means the use of United States military force to defend designated foreign partner forces, their facilities, and their property.", "id": "id836fa2b2c86b48719499e0a50d51c8fa", "header": "Collective self-defense defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1399D. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom \n(a) In general \nSection 1274 of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 2350a note) is amended— (1) in the section heading, by striking Administration of the American, British, Canadian, and Australian Armies' Program and inserting Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom ; and (2) in subsection (a)— (A) by inserting a military department of after the participation by ; and (B) by striking the land-force program known as the American, British, Canadian, and Australian Armies’ Program and inserting an interoperability program with the military forces of one or more participating countries specified in subsection (b). (b) Clerical amendments \n(1) The table of contents of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1632) is amended by striking the item relating to section 1274 and inserting the following: Sec. 1274. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom.. (2) The table of contents for title XII of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1977) is amended by striking the item relating to section 1274 and inserting the following: Sec. 1274. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom..", "id": "id749B1D1B256549CA8F9C2E61CCB88DC3", "header": "Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom", "nested": [ { "text": "(a) In general \nSection 1274 of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 2350a note) is amended— (1) in the section heading, by striking Administration of the American, British, Canadian, and Australian Armies' Program and inserting Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom ; and (2) in subsection (a)— (A) by inserting a military department of after the participation by ; and (B) by striking the land-force program known as the American, British, Canadian, and Australian Armies’ Program and inserting an interoperability program with the military forces of one or more participating countries specified in subsection (b).", "id": "id75c41961e1ee405fb14675f096baa078", "header": "In general", "nested": [], "links": [ { "text": "10 U.S.C. 2350a", "legal-doc": "usc", "parsable-cite": "usc/10/2350a" } ] }, { "text": "(b) Clerical amendments \n(1) The table of contents of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1632) is amended by striking the item relating to section 1274 and inserting the following: Sec. 1274. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom.. (2) The table of contents for title XII of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1977) is amended by striking the item relating to section 1274 and inserting the following: Sec. 1274. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom..", "id": "id30cab4ee6d99468896f6ccfd516ac040", "header": "Clerical amendments", "nested": [], "links": [ { "text": "Public Law 112–239", "legal-doc": "public-law", "parsable-cite": "pl/112/239" }, { "text": "Public Law 112–239", "legal-doc": "public-law", "parsable-cite": "pl/112/239" } ] } ], "links": [ { "text": "10 U.S.C. 2350a", "legal-doc": "usc", "parsable-cite": "usc/10/2350a" }, { "text": "Public Law 112–239", "legal-doc": "public-law", "parsable-cite": "pl/112/239" }, { "text": "Public Law 112–239", "legal-doc": "public-law", "parsable-cite": "pl/112/239" } ] }, { "text": "1399E. Cooperation with allies and partners in Middle East on development of integrated regional cybersecurity architecture \n(a) Cooperation \n(1) In general \nThe Secretary of Defense, using existing authorities and in consultation with the head of any other Federal agency, as appropriate, shall seek to cooperate with allies and partners in the Middle East with respect to developing an integrated regional cybersecurity architecture and deepening military cybersecurity partnerships to defend military networks, infrastructure, and systems against hostile cyber activity. (2) Protection of sensitive information \nAny activity carried out under paragraph (1)shall be conducted in a manner that— (A) is consistent with the protection of intelligence sources and methods; and (B) appropriately protects sensitive information and the national security interests of the United States. (b) Strategy \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a strategy for cooperation with allies and partners in the Middle East to develop an integrated regional cybersecurity architecture to defend military networks, infrastructure, and systems against hostile cyber activity. (2) Elements \nThe strategy submitted under paragraph (1) shall include the following: (A) An assessment of the threat landscape of cyberattacks, military networks, infrastructure, and systems against allies and partners within the Middle East. (B) A description of current efforts to share, between the United States and allies and partners within the Middle East, indicators and warnings, tactics, techniques, procedures, threat signatures, planning efforts, training, and other similar information about cyber threats. (C) An analysis of current bilateral and multilateral defense protocols protecting military networks, infrastructure, and systems and sharing sensitive cyber threat information between the United States and allies and partners in the Middle East. (D) An assessment of whether a multinational integrated military cybersecurity partnership, including establishing a center in the Middle East to facilitate such activities, would improve collective security in the Middle East. (E) An assessment of gaps in ally and partner capabilities that would have to be remedied in order to establish such a center. (F) A description of any prior or ongoing effort to engage allies and partners in the Middle East in establishing— (i) a multinational integrated cybersecurity partnership or other bilateral or multilateral defensive cybersecurity information sharing and training partnership; or (ii) other cooperative defensive cybersecurity measures. (G) An identification of elements of a potential multinational military cybersecurity partnership, or other bilateral or multilateral defensive cybersecurity measures, that— (i) can be acquired and operated by specified foreign partners within the area of responsibility of the United States Central Command; (ii) can only be provided and operated by the United States; and (iii) can be provided by a third party entity contracted by the United States Central Command jointly with specified foreign partners. (H) Any other matter the Secretary of Defense considers relevant. (3) Form \nThe strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (c) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "id6BFE3AD9ED384ABA8174ED8123A92D00", "header": "Cooperation with allies and partners in Middle East on development of integrated regional cybersecurity architecture", "nested": [ { "text": "(a) Cooperation \n(1) In general \nThe Secretary of Defense, using existing authorities and in consultation with the head of any other Federal agency, as appropriate, shall seek to cooperate with allies and partners in the Middle East with respect to developing an integrated regional cybersecurity architecture and deepening military cybersecurity partnerships to defend military networks, infrastructure, and systems against hostile cyber activity. (2) Protection of sensitive information \nAny activity carried out under paragraph (1)shall be conducted in a manner that— (A) is consistent with the protection of intelligence sources and methods; and (B) appropriately protects sensitive information and the national security interests of the United States.", "id": "idf97771c23cdb4240a78ec61d798c5e45", "header": "Cooperation", "nested": [], "links": [] }, { "text": "(b) Strategy \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a strategy for cooperation with allies and partners in the Middle East to develop an integrated regional cybersecurity architecture to defend military networks, infrastructure, and systems against hostile cyber activity. (2) Elements \nThe strategy submitted under paragraph (1) shall include the following: (A) An assessment of the threat landscape of cyberattacks, military networks, infrastructure, and systems against allies and partners within the Middle East. (B) A description of current efforts to share, between the United States and allies and partners within the Middle East, indicators and warnings, tactics, techniques, procedures, threat signatures, planning efforts, training, and other similar information about cyber threats. (C) An analysis of current bilateral and multilateral defense protocols protecting military networks, infrastructure, and systems and sharing sensitive cyber threat information between the United States and allies and partners in the Middle East. (D) An assessment of whether a multinational integrated military cybersecurity partnership, including establishing a center in the Middle East to facilitate such activities, would improve collective security in the Middle East. (E) An assessment of gaps in ally and partner capabilities that would have to be remedied in order to establish such a center. (F) A description of any prior or ongoing effort to engage allies and partners in the Middle East in establishing— (i) a multinational integrated cybersecurity partnership or other bilateral or multilateral defensive cybersecurity information sharing and training partnership; or (ii) other cooperative defensive cybersecurity measures. (G) An identification of elements of a potential multinational military cybersecurity partnership, or other bilateral or multilateral defensive cybersecurity measures, that— (i) can be acquired and operated by specified foreign partners within the area of responsibility of the United States Central Command; (ii) can only be provided and operated by the United States; and (iii) can be provided by a third party entity contracted by the United States Central Command jointly with specified foreign partners. (H) Any other matter the Secretary of Defense considers relevant. (3) Form \nThe strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.", "id": "id2a44a599e86641efb9826a3789909d6d", "header": "Strategy", "nested": [], "links": [] }, { "text": "(c) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "idbcb40e6d16bb4da394738cfc195c8300", "header": "Appropriate committees of Congress defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1399F. Foreign Advance Acquisition Account \n(a) Establishment \nThe Secretary of Defense may establish, within the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act ( 22 U.S.C. 2795 et seq. ), an account, to be known as the Foreign Advance Acquisition Account (in this section referred to as the Account ), that shall be maintained separately from other accounts and used to accelerate the production of United States-produced end items in reasonable anticipation of the sale of such end items through the foreign military sales or direct commercial sales processes. (b) Use of funds \nAmounts in the Account shall be made available to the Secretary of Defense for the following purposes: (1) To finance the acquisition, using the procedures of the Special Defense Acquisition Fund, of defense articles and services in advance of the transfer of such articles and services to covered countries through the foreign military sales process. (2) To provide a mechanism for covered countries to contribute funds, including before the completion of a letter of offer under the procedures of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), for the acquisition of such defense articles and services. (3) To pay for storage, maintenance, and other costs related to the storage, preservation, and preparation for transfer of defense articles and services acquired using amounts in the Account prior to their transfer, and to pay for the administrative costs of the Department of Defense incurred in the acquisition of such items to the extent not reimbursed pursuant to section 43(b) of the Arms Export Control Act ( 22 U.S.C. 2792(b) ). (c) Contributions from covered countries \nThe Secretary of Defense may accept contributions of amounts to the Account from any foreign person, entity, or government of a covered country. (d) Limitations \n(1) Applicability of other law \nDefense articles and services acquired by the Secretary of Defense using amounts in the Account may not be transferred to any foreign country unless such transfer is authorized by the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), or other applicable law. (2) Previously denied funds \nAmounts in the Account may not be expended, in whole or in part, by or for the benefit of the Department of Defense for a purpose for which Congress has previously denied funds. (3) Additional limitation \nAmounts in the Account may not be used to acquire items or services for the sole benefit of the United States. (e) Annual report \nNot later than 60 days after the date on which each fiscal year ends, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of the Account that includes, for such fiscal year— (1) an identification of each covered country that contributed to the Account; (2) the amount deposited into the Account by each such covered country; and (3) for each such covered country, the designated defense articles or services acquired or to be acquired. (f) Quarterly report \nNot later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of the Account that includes, for each transaction— (1) a description of the transaction; (2) the amount of the transaction; (3) the covered country concerned; (4) an identification of any storage, maintenance, or other costs associated with the transaction; and (5) the anticipated date of delivery of the applicable defense articles or services. (g) Termination \nThe authority under subsection (b) to use funds in the Account shall terminate on January 1, 2028. (h) Rule of construction \nNothing in this section shall be construed to limit or impair the responsibilities conferred on the Secretary of State or the Secretary of Defense under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) or the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ). (i) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. (2) Covered country \nThe term covered country means— (A) a country, other than the United States, that is a participant in the security partnership among Australia, the United Kingdom, and the United States (commonly known as the AUKUS partnership); (B) a member country of the North Atlantic Treaty Organization; and (C) any other country, as designated by the Secretary of Defense.", "id": "id0B18F8A4029D4013BD72AB312A71EC4D", "header": "Foreign Advance Acquisition Account", "nested": [ { "text": "(a) Establishment \nThe Secretary of Defense may establish, within the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act ( 22 U.S.C. 2795 et seq. ), an account, to be known as the Foreign Advance Acquisition Account (in this section referred to as the Account ), that shall be maintained separately from other accounts and used to accelerate the production of United States-produced end items in reasonable anticipation of the sale of such end items through the foreign military sales or direct commercial sales processes.", "id": "idb747db567d804725a3b1e337a154c262", "header": "Establishment", "nested": [], "links": [ { "text": "22 U.S.C. 2795 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2795" } ] }, { "text": "(b) Use of funds \nAmounts in the Account shall be made available to the Secretary of Defense for the following purposes: (1) To finance the acquisition, using the procedures of the Special Defense Acquisition Fund, of defense articles and services in advance of the transfer of such articles and services to covered countries through the foreign military sales process. (2) To provide a mechanism for covered countries to contribute funds, including before the completion of a letter of offer under the procedures of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), for the acquisition of such defense articles and services. (3) To pay for storage, maintenance, and other costs related to the storage, preservation, and preparation for transfer of defense articles and services acquired using amounts in the Account prior to their transfer, and to pay for the administrative costs of the Department of Defense incurred in the acquisition of such items to the extent not reimbursed pursuant to section 43(b) of the Arms Export Control Act ( 22 U.S.C. 2792(b) ).", "id": "id1067dc84fd3b4abbbb737a3f39022a4c", "header": "Use of funds", "nested": [], "links": [ { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" }, { "text": "22 U.S.C. 2792(b)", "legal-doc": "usc", "parsable-cite": "usc/22/2792" } ] }, { "text": "(c) Contributions from covered countries \nThe Secretary of Defense may accept contributions of amounts to the Account from any foreign person, entity, or government of a covered country.", "id": "idbb53d92d97b34aa4bf006c033855212f", "header": "Contributions from covered countries", "nested": [], "links": [] }, { "text": "(d) Limitations \n(1) Applicability of other law \nDefense articles and services acquired by the Secretary of Defense using amounts in the Account may not be transferred to any foreign country unless such transfer is authorized by the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), or other applicable law. (2) Previously denied funds \nAmounts in the Account may not be expended, in whole or in part, by or for the benefit of the Department of Defense for a purpose for which Congress has previously denied funds. (3) Additional limitation \nAmounts in the Account may not be used to acquire items or services for the sole benefit of the United States.", "id": "id6a7aa68460ef4a0a9bb841c0a2526981", "header": "Limitations", "nested": [], "links": [ { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" }, { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" } ] }, { "text": "(e) Annual report \nNot later than 60 days after the date on which each fiscal year ends, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of the Account that includes, for such fiscal year— (1) an identification of each covered country that contributed to the Account; (2) the amount deposited into the Account by each such covered country; and (3) for each such covered country, the designated defense articles or services acquired or to be acquired.", "id": "id335db353e4eb4f7497326227a5ef840a", "header": "Annual report", "nested": [], "links": [] }, { "text": "(f) Quarterly report \nNot later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of the Account that includes, for each transaction— (1) a description of the transaction; (2) the amount of the transaction; (3) the covered country concerned; (4) an identification of any storage, maintenance, or other costs associated with the transaction; and (5) the anticipated date of delivery of the applicable defense articles or services.", "id": "id8a83b598886346f3b7898ce9b3878ded", "header": "Quarterly report", "nested": [], "links": [] }, { "text": "(g) Termination \nThe authority under subsection (b) to use funds in the Account shall terminate on January 1, 2028.", "id": "id856cb8d91e994d18b73d0a02fd8d055b", "header": "Termination", "nested": [], "links": [] }, { "text": "(h) Rule of construction \nNothing in this section shall be construed to limit or impair the responsibilities conferred on the Secretary of State or the Secretary of Defense under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) or the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ).", "id": "id080ecfb99c26429682f1f90978d497b1", "header": "Rule of construction", "nested": [], "links": [ { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" }, { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" } ] }, { "text": "(i) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. (2) Covered country \nThe term covered country means— (A) a country, other than the United States, that is a participant in the security partnership among Australia, the United Kingdom, and the United States (commonly known as the AUKUS partnership); (B) a member country of the North Atlantic Treaty Organization; and (C) any other country, as designated by the Secretary of Defense.", "id": "ida16fd586512e452f84fd6443d70dd9c3", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2795 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2795" }, { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" }, { "text": "22 U.S.C. 2792(b)", "legal-doc": "usc", "parsable-cite": "usc/22/2792" }, { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" }, { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" }, { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" }, { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" } ] }, { "text": "1399G. Limitation on availability of funds for travel expenses of the Office of the Secretary of Defense \nOf the funds authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense for travel expenses, not more than 75 percent may be obligated or expended until the Secretary of Defense submits— (1) the implementation plan required by section 1087 of the National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2802; 10 U.S.C. 161 note) relating to the requirement of such section to establish a joint force headquarters in the area of operations of United States Indo-Pacific Command to serve as an operational command; (2) the plan required by section 1332(g)(2) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 2008) relating to strategic competition in the areas of responsibility of United States Southern Command and United States Africa Command; and (3) the strategy and posture review required by section 1631(g) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1743; 10 U.S.C. 397 note) relating to operations in the information environment.", "id": "idbcbbc7db602f474e8797201c9f564cb1", "header": "Limitation on availability of funds for travel expenses of the Office of the Secretary of Defense", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "10 U.S.C. 161", "legal-doc": "usc", "parsable-cite": "usc/10/161" }, { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "10 U.S.C. 397", "legal-doc": "usc", "parsable-cite": "usc/10/397" } ] }, { "text": "1399H. Plans related to rapid transfer of certain missiles and defense capabilities \n(a) In general \nThe Assistant Secretary of the Navy for Research, Development and Acquisition shall— (1) develop a plan to prepare Navy Harpoon block IC missiles in a sundown , deep stow , or demilitarized condition code (including missiles removed from Navy surface ships) for rapid transfer to allies and security partners in the United States European Command and United States Indo-Pacific Command areas of responsibility, if so ordered; and (2) establish a plan that would enable the rapid transfer of additional enhanced coastal defense capabilities that have tactical significance in assisting partners and allies in reclaiming sovereign territory, deterring maritime resupply of illegally seized territory, or aiding in preventing an amphibious invasion of sovereign territory. (b) Submission to Congress \nNot later than 90 days after the date of the enactment of this Act, the Assistant Secretary shall submit to the congressional defense committees the plans required by paragraphs (1) and (2) of subsection (a).", "id": "id836dbd0d406740eb927d12d70d03eacf", "header": "Plans related to rapid transfer of certain missiles and defense capabilities", "nested": [ { "text": "(a) In general \nThe Assistant Secretary of the Navy for Research, Development and Acquisition shall— (1) develop a plan to prepare Navy Harpoon block IC missiles in a sundown , deep stow , or demilitarized condition code (including missiles removed from Navy surface ships) for rapid transfer to allies and security partners in the United States European Command and United States Indo-Pacific Command areas of responsibility, if so ordered; and (2) establish a plan that would enable the rapid transfer of additional enhanced coastal defense capabilities that have tactical significance in assisting partners and allies in reclaiming sovereign territory, deterring maritime resupply of illegally seized territory, or aiding in preventing an amphibious invasion of sovereign territory.", "id": "idd40a7b402f4d467f8829e15c7ae44088", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Submission to Congress \nNot later than 90 days after the date of the enactment of this Act, the Assistant Secretary shall submit to the congressional defense committees the plans required by paragraphs (1) and (2) of subsection (a).", "id": "id7182e8c3598049b2bf6e630defbf3097", "header": "Submission to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "1399I. Ensuring peace through strength in Israel \n(a) Extension of authorities \n(1) War reserves stockpile authority \nSection 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011) is amended by striking September 30, 2025 and inserting January 1, 2028. (2) Rules governing the transfer of precision-guided munitions to Israel above the annual restriction \nSection 1275(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3980; 22 U.S.C. 2321h note) is amended by striking on the date that is three years after the date of the enactment of this Act and inserting on January 1, 2028. (b) Department of Defense assessment of type and quantity of precision-guided munitions and other munitions for use by Israel \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter through December 31, 2028, the Secretary of Defense shall conduct an assessment with respect to the following: (A) The current quantity and type of precision-guided munitions in the stockpile pursuant to section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011). (B) The quantity and type of precision-guided munitions necessary for Israel to protect its homeland and counter Hezbollah, Hamas, Palestinian Islamic Jihad, or any other armed terror group or hostile forces in the region in the event of a sustained armed confrontation. (C) The quantity and type of other munitions necessary for Israel to protect its homeland and counter Hezbollah, Hamas, Palestinian Islamic Jihad, or any other armed group or hostile forces in the region in the event of a sustained armed confrontation. (D) The quantity and type of munitions, including precision-guided munitions, necessary for Israel to protect its homeland and counter any combination of Hezbollah, Hamas, Palestinian Islamic Jihad, and any other armed terror groups or hostile forces in the region in the event of a multi-front, sustained armed confrontation. (E) The resources the Government of Israel would need to dedicate to acquire the quantity and type of munitions, including precision-guided munitions, described in subparagraphs (B) through (D). (F) Whether, as of the date on which the applicable assessment is completed, sufficient quantities and types of munitions, including precision-guided munitions, to conduct operations described in subparagraphs (B) through (D) are present in— (i) the inventory of the military forces of Israel; (ii) the War Reserves Stock Allies-Israel; (iii) any other United States stockpile or depot within the area of responsibility of United States Central Command, as the Secretary considers appropriate to disclose to the Government of Israel; or (iv) the inventory of the United States Armed Forces, as the Secretary considers appropriate to disclose to the Government of Israel. (G) The current inventory of such munitions, including precision-guided munitions, possessed by the United States, and whether, as of the date on which the applicable assessment is completed, the United States is assessed to have sufficient munitions to meet the requirements of current operation plans of the United States or global other munitions requirements. (H) United States planning and steps being taken— (i) to assist Israel to prepare for the contingencies, and to conduct the operations, described in subparagraphs (B) through (D); and (ii) to resupply Israel with the quantity and type of such munitions described in such subparagraphs in the event of a sustained armed confrontation described in such subparagraphs. (I) The quantity and pace at which the United States is capable of pre-positioning, increasing, stockpiling, or rapidly replenishing, or assisting in the rapid replenishment of, such munitions in preparation for, and in the event of, such a sustained armed confrontation. (2) Consultation \nIn carrying out the assessment required by paragraph (1), the Secretary shall consult with the Israeli Ministry of Defense, provided that the Israeli Ministry of Defense agrees to be so consulted. (c) Reports \n(1) Department of Defense assessment \nNot later than 15 days after the date on which each Department of Defense assessment required by subsection (b) is completed, the Secretary shall submit to the appropriate committees of Congress a report on such assessment. (2) Pre-positioning and stockpile implementation report \nNot later than 180 days after the date on which the report required by paragraph (1) is submitted, and every 180 days thereafter through December 31, 2028, the Secretary shall submit to the appropriate committees of Congress a report that— (A) details the actions being taken by the United States, if any, to pre-position, increase, stockpile, address shortfalls, and otherwise ensure that the War Reserves Stock Allies-Israel has, and assist Israel in ensuring that Israel has, sufficient quantities and types of munitions, including precision-guided munitions, to conduct the operations described in subparagraphs (B) through (D) of subsection (b)(1); and (B) includes a description of procedures implemented by the United States, if any, for rapidly replenishing, or assisting in the rapid replenishment of, stockpiles of such munitions for use by Israel as may be necessary. (3) Form \nThe report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (4) Appropriate committees of Congress defined \nIn this subsection, the term appropriate committees of Congress means— (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. (d) Consolidation of reports \n(1) Section 1273 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2066) is amended by striking subsection (b). (2) Section 1275 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3979; 22 U.S.C. 2321h note) is amended by striking subsection (d).", "id": "ideaf7cb34bc63485cb09129023e7b66c2", "header": "Ensuring peace through strength in Israel", "nested": [ { "text": "(a) Extension of authorities \n(1) War reserves stockpile authority \nSection 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011) is amended by striking September 30, 2025 and inserting January 1, 2028. (2) Rules governing the transfer of precision-guided munitions to Israel above the annual restriction \nSection 1275(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3980; 22 U.S.C. 2321h note) is amended by striking on the date that is three years after the date of the enactment of this Act and inserting on January 1, 2028.", "id": "idfb53c90b692344f5abfb83f5d919f115", "header": "Extension of authorities", "nested": [], "links": [ { "text": "Public Law 108–287", "legal-doc": "public-law", "parsable-cite": "pl/108/287" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "22 U.S.C. 2321h", "legal-doc": "usc", "parsable-cite": "usc/22/2321h" } ] }, { "text": "(b) Department of Defense assessment of type and quantity of precision-guided munitions and other munitions for use by Israel \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter through December 31, 2028, the Secretary of Defense shall conduct an assessment with respect to the following: (A) The current quantity and type of precision-guided munitions in the stockpile pursuant to section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011). (B) The quantity and type of precision-guided munitions necessary for Israel to protect its homeland and counter Hezbollah, Hamas, Palestinian Islamic Jihad, or any other armed terror group or hostile forces in the region in the event of a sustained armed confrontation. (C) The quantity and type of other munitions necessary for Israel to protect its homeland and counter Hezbollah, Hamas, Palestinian Islamic Jihad, or any other armed group or hostile forces in the region in the event of a sustained armed confrontation. (D) The quantity and type of munitions, including precision-guided munitions, necessary for Israel to protect its homeland and counter any combination of Hezbollah, Hamas, Palestinian Islamic Jihad, and any other armed terror groups or hostile forces in the region in the event of a multi-front, sustained armed confrontation. (E) The resources the Government of Israel would need to dedicate to acquire the quantity and type of munitions, including precision-guided munitions, described in subparagraphs (B) through (D). (F) Whether, as of the date on which the applicable assessment is completed, sufficient quantities and types of munitions, including precision-guided munitions, to conduct operations described in subparagraphs (B) through (D) are present in— (i) the inventory of the military forces of Israel; (ii) the War Reserves Stock Allies-Israel; (iii) any other United States stockpile or depot within the area of responsibility of United States Central Command, as the Secretary considers appropriate to disclose to the Government of Israel; or (iv) the inventory of the United States Armed Forces, as the Secretary considers appropriate to disclose to the Government of Israel. (G) The current inventory of such munitions, including precision-guided munitions, possessed by the United States, and whether, as of the date on which the applicable assessment is completed, the United States is assessed to have sufficient munitions to meet the requirements of current operation plans of the United States or global other munitions requirements. (H) United States planning and steps being taken— (i) to assist Israel to prepare for the contingencies, and to conduct the operations, described in subparagraphs (B) through (D); and (ii) to resupply Israel with the quantity and type of such munitions described in such subparagraphs in the event of a sustained armed confrontation described in such subparagraphs. (I) The quantity and pace at which the United States is capable of pre-positioning, increasing, stockpiling, or rapidly replenishing, or assisting in the rapid replenishment of, such munitions in preparation for, and in the event of, such a sustained armed confrontation. (2) Consultation \nIn carrying out the assessment required by paragraph (1), the Secretary shall consult with the Israeli Ministry of Defense, provided that the Israeli Ministry of Defense agrees to be so consulted.", "id": "id1785f442521b410baa552a31cb0fbdf9", "header": "Department of Defense assessment of type and quantity of precision-guided munitions and other munitions for use by Israel", "nested": [], "links": [ { "text": "Public Law 108–287", "legal-doc": "public-law", "parsable-cite": "pl/108/287" } ] }, { "text": "(c) Reports \n(1) Department of Defense assessment \nNot later than 15 days after the date on which each Department of Defense assessment required by subsection (b) is completed, the Secretary shall submit to the appropriate committees of Congress a report on such assessment. (2) Pre-positioning and stockpile implementation report \nNot later than 180 days after the date on which the report required by paragraph (1) is submitted, and every 180 days thereafter through December 31, 2028, the Secretary shall submit to the appropriate committees of Congress a report that— (A) details the actions being taken by the United States, if any, to pre-position, increase, stockpile, address shortfalls, and otherwise ensure that the War Reserves Stock Allies-Israel has, and assist Israel in ensuring that Israel has, sufficient quantities and types of munitions, including precision-guided munitions, to conduct the operations described in subparagraphs (B) through (D) of subsection (b)(1); and (B) includes a description of procedures implemented by the United States, if any, for rapidly replenishing, or assisting in the rapid replenishment of, stockpiles of such munitions for use by Israel as may be necessary. (3) Form \nThe report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (4) Appropriate committees of Congress defined \nIn this subsection, the term appropriate committees of Congress means— (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.", "id": "idfd679dac571a4b45bab5d6fe47468040", "header": "Reports", "nested": [], "links": [] }, { "text": "(d) Consolidation of reports \n(1) Section 1273 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2066) is amended by striking subsection (b). (2) Section 1275 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3979; 22 U.S.C. 2321h note) is amended by striking subsection (d).", "id": "id8e611fc37ace46fea47de254d1b14147", "header": "Consolidation of reports", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "22 U.S.C. 2321h", "legal-doc": "usc", "parsable-cite": "usc/22/2321h" } ] } ], "links": [ { "text": "Public Law 108–287", "legal-doc": "public-law", "parsable-cite": "pl/108/287" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "22 U.S.C. 2321h", "legal-doc": "usc", "parsable-cite": "usc/22/2321h" }, { "text": "Public Law 108–287", "legal-doc": "public-law", "parsable-cite": "pl/108/287" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "22 U.S.C. 2321h", "legal-doc": "usc", "parsable-cite": "usc/22/2321h" } ] }, { "text": "1399J. Improvements to security cooperation workforce and defense acquisition workforce \n(a) Responsibilities of Secretary of Defense \n(1) In general \nThe Secretary of Defense shall, consistent with the requirements of section 384 of title 10, United States Code, as amended by section 1209 of this Act— (A) carry out activities to professionalize, and increase the resources available to, the security cooperation workforce so as to enable the streamlining and expediting of the foreign military sales process; and (B) seek to ensure that— (i) members of the defense acquisition workforce involved in the foreign military sales process are aware of evolving United States regional and country-level defense capability-building priorities; and (ii) members of the defense acquisition workforce are professionally evaluated using metrics to measure— (I) responsiveness to foreign partner requests; (II) ability to meet foreign partner capability and delivery schedule requirements; and (III) advancement of foreign capability-building priorities described in the guidance updated under subsection (b). (2) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the resources necessary to implement paragraph (1), including— (A) the anticipated costs of new personnel and training to carry out such paragraph; (B) the estimated increase in foreign military sales administrative user fees necessary to offset such costs; and (C) the feasibility and advisability of establishing, at the Department of Defense level or the military department level, a contracting capacity that— (i) is specific to the execution of contracts for foreign military sales; (ii) is fully funded by the Defense Security Cooperation Agency using foreign military sales administrative funds so as to ensure that such capacity is dedicated solely to foreign military sales contracting; (iii) is monitored by the Defense Security Cooperation Agency Chief Performance Office, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, to ensure effectiveness in meeting foreign military sales contracting requirements; and (iv) empowers the Director of the Defense Security Cooperation Agency, in coordination with the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition and Sustainment, to increase or decrease foreign military sales contracting capacity through the guidance updated under subsection (b). (b) Guidance \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update, as necessary, Department of Defense guidance governing the execution of foreign military sales by the Department to ensure that such guidance— (A) incorporates the National Security Strategy and the National Defense Strategy; (B) is informed by the theater campaign plans and theater security cooperation strategies of the combatant commands; and (C) is disseminated to the security cooperation workforce and the defense acquisition workforce. (2) Elements \nThe updated guidance required by paragraph (1) shall— (A) identify— (i) regional and country-level foreign defense capability-building priorities; and (ii) levels of urgency and desired timelines for achieving foreign capability-building objectives; and (B) provide guidance to the defense acquisition workforce regarding levels of resourcing, innovation, and risk tolerance that should be considered in meeting urgent needs. (c) Foreign Military Sales Continuous Process Improvement Board \n(1) Establishment \nThe Secretary of Defense may establish a Foreign Military Sales Continuous Process Improvement Board (in this section referred to as the Board ) to serve as an enduring governance structure within the Department of Defense that reports to the Secretary on matters relating to the foreign military sales process so as to enhance accountability and continuous improvement within the Department, including the objectives of— (A) improving the understanding, among officials of the Department, of ally and partner requirements; (B) enabling efficient reviews for release of technology; (C) providing allies and partner countries with relevant priority equipment; (D) accelerating acquisition and contracting support; (E) expanding the capacity of the defense industrial base; and (F) working with other departments and agencies to promote broad United States Government support. (2) Membership \n(A) In general \nThe Board shall be composed of not fewer than seven members, each of whom shall have expertise in the foreign military sales process. (B) Restriction \nThe Board may not have as a member— (i) an officer or employee of the Department of Defense; or (ii) a member of the United States Armed Forces. (d) Definitions \nIn this section: (1) Defense acquisition workforce \nThe term defense acquisition workforce means the Department of Defense acquisition workforce described in chapter 87 of title 10, United States Code. (2) Security cooperation workforce \nThe term security cooperation workforce has the meaning given the term in section 384 of title 10, United States Code.", "id": "id8AC4C6186CB94427801AB27B396EF9AB", "header": "Improvements to security cooperation workforce and defense acquisition workforce", "nested": [ { "text": "(a) Responsibilities of Secretary of Defense \n(1) In general \nThe Secretary of Defense shall, consistent with the requirements of section 384 of title 10, United States Code, as amended by section 1209 of this Act— (A) carry out activities to professionalize, and increase the resources available to, the security cooperation workforce so as to enable the streamlining and expediting of the foreign military sales process; and (B) seek to ensure that— (i) members of the defense acquisition workforce involved in the foreign military sales process are aware of evolving United States regional and country-level defense capability-building priorities; and (ii) members of the defense acquisition workforce are professionally evaluated using metrics to measure— (I) responsiveness to foreign partner requests; (II) ability to meet foreign partner capability and delivery schedule requirements; and (III) advancement of foreign capability-building priorities described in the guidance updated under subsection (b). (2) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the resources necessary to implement paragraph (1), including— (A) the anticipated costs of new personnel and training to carry out such paragraph; (B) the estimated increase in foreign military sales administrative user fees necessary to offset such costs; and (C) the feasibility and advisability of establishing, at the Department of Defense level or the military department level, a contracting capacity that— (i) is specific to the execution of contracts for foreign military sales; (ii) is fully funded by the Defense Security Cooperation Agency using foreign military sales administrative funds so as to ensure that such capacity is dedicated solely to foreign military sales contracting; (iii) is monitored by the Defense Security Cooperation Agency Chief Performance Office, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, to ensure effectiveness in meeting foreign military sales contracting requirements; and (iv) empowers the Director of the Defense Security Cooperation Agency, in coordination with the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition and Sustainment, to increase or decrease foreign military sales contracting capacity through the guidance updated under subsection (b).", "id": "idbaf76a90c3ee49848baa519b497a8bc6", "header": "Responsibilities of Secretary of Defense", "nested": [], "links": [] }, { "text": "(b) Guidance \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update, as necessary, Department of Defense guidance governing the execution of foreign military sales by the Department to ensure that such guidance— (A) incorporates the National Security Strategy and the National Defense Strategy; (B) is informed by the theater campaign plans and theater security cooperation strategies of the combatant commands; and (C) is disseminated to the security cooperation workforce and the defense acquisition workforce. (2) Elements \nThe updated guidance required by paragraph (1) shall— (A) identify— (i) regional and country-level foreign defense capability-building priorities; and (ii) levels of urgency and desired timelines for achieving foreign capability-building objectives; and (B) provide guidance to the defense acquisition workforce regarding levels of resourcing, innovation, and risk tolerance that should be considered in meeting urgent needs.", "id": "idc467b5ed449b45aeb466a490463df186", "header": "Guidance", "nested": [], "links": [] }, { "text": "(c) Foreign Military Sales Continuous Process Improvement Board \n(1) Establishment \nThe Secretary of Defense may establish a Foreign Military Sales Continuous Process Improvement Board (in this section referred to as the Board ) to serve as an enduring governance structure within the Department of Defense that reports to the Secretary on matters relating to the foreign military sales process so as to enhance accountability and continuous improvement within the Department, including the objectives of— (A) improving the understanding, among officials of the Department, of ally and partner requirements; (B) enabling efficient reviews for release of technology; (C) providing allies and partner countries with relevant priority equipment; (D) accelerating acquisition and contracting support; (E) expanding the capacity of the defense industrial base; and (F) working with other departments and agencies to promote broad United States Government support. (2) Membership \n(A) In general \nThe Board shall be composed of not fewer than seven members, each of whom shall have expertise in the foreign military sales process. (B) Restriction \nThe Board may not have as a member— (i) an officer or employee of the Department of Defense; or (ii) a member of the United States Armed Forces.", "id": "id6a02964197634eafbf85c1a4551de787", "header": "Foreign Military Sales Continuous Process Improvement Board", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Defense acquisition workforce \nThe term defense acquisition workforce means the Department of Defense acquisition workforce described in chapter 87 of title 10, United States Code. (2) Security cooperation workforce \nThe term security cooperation workforce has the meaning given the term in section 384 of title 10, United States Code.", "id": "id6c080ff77b55473a8cc527022cd7532b", "header": "Definitions", "nested": [], "links": [ { "text": "chapter 87", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/87" } ] } ], "links": [ { "text": "chapter 87", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/87" } ] }, { "text": "1399K. Modification of foreign military sales processing \n(a) Responses \n(1) Letters of request for pricing and availability \nThe Secretary of Defense shall seek to ensure that an eligible foreign purchaser that has submitted a letter of request for pricing and availability data receives a response to the letter not later than 45 days after the date on which the letter is received by a United States security cooperation organization, the Defense Security Cooperation Agency, or other implementing agency. (2) Letters of request for letters of offer and acceptance \nThe Secretary of Defense shall seek to ensure that an eligible foreign purchaser that has submitted a letter of request for a letter of offer and acceptance receives a response— (A) in the case of a letter of request for a blanket-order letter of offer and acceptance, cooperative logistics supply support arrangements, or associated amendments and modifications, not later than 45 days after the date on which the letter of request is received by a United States security cooperation organization, the Defense Security Cooperation Agency, or other implementing agency; (B) in the case of a letter of request for a defined-order letter of offer and acceptance or associated amendments and modifications, not later than 100 days after such date; and (C) in the case of a letter of request for a defined-order letter of offer and acceptance or associated amendments that involve extenuating factors, as approved by the Director of the Defense Security Cooperation Agency, not later than 150 days after such date. (3) Waiver \nThe Secretary of Defense may waive paragraphs (1) and (2) if— (A) such a waiver is in the national security interests of the United States; and (B) not later than 5 days after exercising such waiver authority, the Secretary provides to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives notice of the exercise of such authority, including an explanation of the one or more reasons for failing to meet the applicable deadline. (b) Expansion of country prioritization \nWith respect to foreign military sales to member countries of the North Atlantic Treaty Organization, major non-NATO allies, major defense partners, and major security partners, the Secretary of Defense may assign a Defense Priorities and Allocations System order rating of DX (within the meaning of section 700.11 of title 15, Code of Federal Regulations (as in effect on the date of the enactment of this Act)). (c) Definitions \nIn this section: (1) Blanket-order letter of offer and acceptance \nThe term blanket-order letter of offer and acceptance means an agreement between an eligible foreign purchaser and the United States Government for a specific category of items or services (including training) that— (A) does not include a definitive listing of items or quantities; and (B) specifies a maximum dollar amount against which orders for defense articles and services may be placed. (2) Cooperative logistics supply support arrangement \nThe term cooperative logistics supply support arrangement means a military logistics support arrangement designed to provide responsive and continuous supply support at the depot level for United States-made military materiel possessed by foreign countries or international organizations. (3) Defined-order letter of offer and acceptance \nThe term defined-order letter of offer and acceptance means a foreign military sales case characterized by an order for a specific defense article or service that is separately identified as a line item on a letter of offer and acceptance. (4) Implementing agency \nThe term implementing agency means the military department or defense agency assigned, by the Director of the Defense Security Cooperation Agency, the responsibilities of— (A) preparing a letter of offer and acceptance; (B) implementing a foreign military sales case; and (C) carrying out the overall management of the activities that— (i) will result in the delivery of the defense articles or services set forth in the letter of offer and acceptance; and (ii) was accepted by an eligible foreign purchaser. (5) Letter of request \nThe term letter of request — (A) means a written document— (i) submitted to a United States security cooperation organization, the Defense Security Cooperation Agency, or an implementing agency by an eligible foreign purchaser for the purpose of requesting to purchase or otherwise obtain a United States defense article or defense service through the foreign military sales process; and (ii) that contains all relevant information in such form as may be required by the Secretary of Defense; and (B) includes— (i) a formal letter; (ii) an e-mail; (iii) signed meeting minutes from a recognized official of the government of an eligible foreign purchaser; and (iv) any other form of written document, as determined by the Secretary of Defense or the Director of the Defense Security Cooperation Agency. (6) Major defense partner \nThe term major defense partner means— (A) India; and (B) any other country, as designated by the Secretary of Defense. (7) Major non-NATO ally \nThe term major non-NATO ally — (A) has the meaning given the term in section 644 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403 )); and (B) includes Taiwan, as required by section 1206 of the Security Assistance Act of 2002 ( Public Law 107–228 ; 22U.S.C. 2321k note). (8) Major security partner \nThe term major security partner means— (A) the United Arab Emirates; (B) Bahrain; (C) Saudi Arabia; and (D) any other country, as designated by the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence.", "id": "id2eb3b804e580497fb198b53cf9de85d7", "header": "Modification of foreign military sales processing", "nested": [ { "text": "(a) Responses \n(1) Letters of request for pricing and availability \nThe Secretary of Defense shall seek to ensure that an eligible foreign purchaser that has submitted a letter of request for pricing and availability data receives a response to the letter not later than 45 days after the date on which the letter is received by a United States security cooperation organization, the Defense Security Cooperation Agency, or other implementing agency. (2) Letters of request for letters of offer and acceptance \nThe Secretary of Defense shall seek to ensure that an eligible foreign purchaser that has submitted a letter of request for a letter of offer and acceptance receives a response— (A) in the case of a letter of request for a blanket-order letter of offer and acceptance, cooperative logistics supply support arrangements, or associated amendments and modifications, not later than 45 days after the date on which the letter of request is received by a United States security cooperation organization, the Defense Security Cooperation Agency, or other implementing agency; (B) in the case of a letter of request for a defined-order letter of offer and acceptance or associated amendments and modifications, not later than 100 days after such date; and (C) in the case of a letter of request for a defined-order letter of offer and acceptance or associated amendments that involve extenuating factors, as approved by the Director of the Defense Security Cooperation Agency, not later than 150 days after such date. (3) Waiver \nThe Secretary of Defense may waive paragraphs (1) and (2) if— (A) such a waiver is in the national security interests of the United States; and (B) not later than 5 days after exercising such waiver authority, the Secretary provides to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives notice of the exercise of such authority, including an explanation of the one or more reasons for failing to meet the applicable deadline.", "id": "id1328f60173bb4f76951471b5b95de92d", "header": "Responses", "nested": [], "links": [] }, { "text": "(b) Expansion of country prioritization \nWith respect to foreign military sales to member countries of the North Atlantic Treaty Organization, major non-NATO allies, major defense partners, and major security partners, the Secretary of Defense may assign a Defense Priorities and Allocations System order rating of DX (within the meaning of section 700.11 of title 15, Code of Federal Regulations (as in effect on the date of the enactment of this Act)).", "id": "idb1bb327321504fb0b530dff1eeb931c5", "header": "Expansion of country prioritization", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) Blanket-order letter of offer and acceptance \nThe term blanket-order letter of offer and acceptance means an agreement between an eligible foreign purchaser and the United States Government for a specific category of items or services (including training) that— (A) does not include a definitive listing of items or quantities; and (B) specifies a maximum dollar amount against which orders for defense articles and services may be placed. (2) Cooperative logistics supply support arrangement \nThe term cooperative logistics supply support arrangement means a military logistics support arrangement designed to provide responsive and continuous supply support at the depot level for United States-made military materiel possessed by foreign countries or international organizations. (3) Defined-order letter of offer and acceptance \nThe term defined-order letter of offer and acceptance means a foreign military sales case characterized by an order for a specific defense article or service that is separately identified as a line item on a letter of offer and acceptance. (4) Implementing agency \nThe term implementing agency means the military department or defense agency assigned, by the Director of the Defense Security Cooperation Agency, the responsibilities of— (A) preparing a letter of offer and acceptance; (B) implementing a foreign military sales case; and (C) carrying out the overall management of the activities that— (i) will result in the delivery of the defense articles or services set forth in the letter of offer and acceptance; and (ii) was accepted by an eligible foreign purchaser. (5) Letter of request \nThe term letter of request — (A) means a written document— (i) submitted to a United States security cooperation organization, the Defense Security Cooperation Agency, or an implementing agency by an eligible foreign purchaser for the purpose of requesting to purchase or otherwise obtain a United States defense article or defense service through the foreign military sales process; and (ii) that contains all relevant information in such form as may be required by the Secretary of Defense; and (B) includes— (i) a formal letter; (ii) an e-mail; (iii) signed meeting minutes from a recognized official of the government of an eligible foreign purchaser; and (iv) any other form of written document, as determined by the Secretary of Defense or the Director of the Defense Security Cooperation Agency. (6) Major defense partner \nThe term major defense partner means— (A) India; and (B) any other country, as designated by the Secretary of Defense. (7) Major non-NATO ally \nThe term major non-NATO ally — (A) has the meaning given the term in section 644 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403 )); and (B) includes Taiwan, as required by section 1206 of the Security Assistance Act of 2002 ( Public Law 107–228 ; 22U.S.C. 2321k note). (8) Major security partner \nThe term major security partner means— (A) the United Arab Emirates; (B) Bahrain; (C) Saudi Arabia; and (D) any other country, as designated by the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence.", "id": "id592948E805754F0AB63D09B942419CB1", "header": "Definitions", "nested": [], "links": [ { "text": "22 U.S.C. 2403", "legal-doc": "usc", "parsable-cite": "usc/22/2403" }, { "text": "Public Law 107–228", "legal-doc": "public-law", "parsable-cite": "pl/107/228" } ] } ], "links": [ { "text": "22 U.S.C. 2403", "legal-doc": "usc", "parsable-cite": "usc/22/2403" }, { "text": "Public Law 107–228", "legal-doc": "public-law", "parsable-cite": "pl/107/228" } ] }, { "text": "1399L. Ending China's developing nation status \n(a) Short title \nThis section may be cited as the Ending China's Developing Nation Status Act. (b) Finding; statement of policy \n(1) Finding \nCongress finds that the People’s Republic of China is still classified as a developing nation under multiple treaties and international organization structures, even though China has grown to be the second largest economy in the world. (2) Statement of policy \nIt is the policy of the United States— (A) to oppose the labeling or treatment of the People’s Republic of China as a developing nation in current and future treaty negotiations and in each international organization of which the United States and the People’s Republic of China are both current members; (B) to pursue the labeling or treatment of the People’s Republic of China as a developed nation in each international organization of which the United States and the People’s Republic of China are both current members; and (C) to work with allies and partners of the United States to implement the policies described in paragraphs (1) and (2). (c) Definitions \nIn this section: (1) Appropriate committees of congress \nThe term appropriate committees of Congress means— (A) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives with respect to— (i) reports produced by the Secretary of State; and (ii) a waiver exercised pursuant to subsection (f)(2), except with respect to any international organization for which the United States Trade Representative is the chief representative of the United States; and (B) the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to— (i) reports produced by the United States Trade Representative; and (ii) a waiver exercised pursuant to subsection (f)(2) with respect to any international organization for which the United States Trade Representative is the chief representative of the United States. (2) Secretary \n(A) In general \nExcept as provided in subparagraph (B), the term Secretary means the Secretary of State. (B) Exception \nThe term Secretary shall mean the United States Trade Representative with respect to any international organization for which the United States Trade Representative is the chief representative of the United States. (d) Report on development status in current treaty negotiations \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— (1) identifies all current treaty negotiations in which— (A) the proposed treaty would provide for different treatment or standards for enforcement of the treaty based on respective development status of the states that are party to the treaty; and (B) the People's Republic of China is actively participating in the negotiations, or it is reasonably foreseeable that the People's Republic of China would seek to become a party to the treaty; and (2) for each treaty negotiation identified pursuant to paragraph (1), describes how the treaty under negotiation would provide different treatment or standards for enforcement of the treaty based on development status of the states parties. (e) Report on development status in existing organizations and treaties \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— (1) identifies all international organizations or treaties, of which the United States is a member, that provide different treatment or standards for enforcement based on the respective development status of the member states or states parties; (2) describes the mechanisms for changing the country designation for each relevant treaty or organization; and (3) for each of the organizations or treaties identified pursuant to paragraph (1)— (A) includes a list of countries that— (i) are labeled as developing nations or receive the benefits of a developing nation under the terms of the organization or treaty; and (ii) meet the World Bank classification for upper middle income or high-income countries; and (B) describes how the organization or treaty provides different treatment or standards for enforcement based on development status of the member states or states parties. (f) Mechanisms for changing development status \n(1) In general \nIn any international organization of which the United States and the People's Republic of China are both current members, the Secretary, in consultation with allies and partners of the United States, shall pursue— (A) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or (B) proposing the development of a mechanism described in paragraph (1) to change the status of the People's Republic of China in such organization from developing nation to developed nation. (2) Waiver \nThe President may waive the application of subparagraph (A) or (B) of paragraph (1) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States.", "id": "id07b9d802b5784d61bae87b6c20c7f3dc", "header": "Ending China's developing nation status", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Ending China's Developing Nation Status Act.", "id": "id63b1cb0aa8d84c16805ab3336d4d56f2", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Finding; statement of policy \n(1) Finding \nCongress finds that the People’s Republic of China is still classified as a developing nation under multiple treaties and international organization structures, even though China has grown to be the second largest economy in the world. (2) Statement of policy \nIt is the policy of the United States— (A) to oppose the labeling or treatment of the People’s Republic of China as a developing nation in current and future treaty negotiations and in each international organization of which the United States and the People’s Republic of China are both current members; (B) to pursue the labeling or treatment of the People’s Republic of China as a developed nation in each international organization of which the United States and the People’s Republic of China are both current members; and (C) to work with allies and partners of the United States to implement the policies described in paragraphs (1) and (2).", "id": "id7238b1ee-5a08-4650-a6a5-91827273467d", "header": "Finding; statement of policy", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) Appropriate committees of congress \nThe term appropriate committees of Congress means— (A) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives with respect to— (i) reports produced by the Secretary of State; and (ii) a waiver exercised pursuant to subsection (f)(2), except with respect to any international organization for which the United States Trade Representative is the chief representative of the United States; and (B) the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to— (i) reports produced by the United States Trade Representative; and (ii) a waiver exercised pursuant to subsection (f)(2) with respect to any international organization for which the United States Trade Representative is the chief representative of the United States. (2) Secretary \n(A) In general \nExcept as provided in subparagraph (B), the term Secretary means the Secretary of State. (B) Exception \nThe term Secretary shall mean the United States Trade Representative with respect to any international organization for which the United States Trade Representative is the chief representative of the United States.", "id": "iddc88ae2f-a6b3-4570-882f-1227a38239ab", "header": "Definitions", "nested": [], "links": [] }, { "text": "(d) Report on development status in current treaty negotiations \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— (1) identifies all current treaty negotiations in which— (A) the proposed treaty would provide for different treatment or standards for enforcement of the treaty based on respective development status of the states that are party to the treaty; and (B) the People's Republic of China is actively participating in the negotiations, or it is reasonably foreseeable that the People's Republic of China would seek to become a party to the treaty; and (2) for each treaty negotiation identified pursuant to paragraph (1), describes how the treaty under negotiation would provide different treatment or standards for enforcement of the treaty based on development status of the states parties.", "id": "idd13370d2-4c01-457f-9c2f-6e8993b27072", "header": "Report on development status in current treaty negotiations", "nested": [], "links": [] }, { "text": "(e) Report on development status in existing organizations and treaties \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— (1) identifies all international organizations or treaties, of which the United States is a member, that provide different treatment or standards for enforcement based on the respective development status of the member states or states parties; (2) describes the mechanisms for changing the country designation for each relevant treaty or organization; and (3) for each of the organizations or treaties identified pursuant to paragraph (1)— (A) includes a list of countries that— (i) are labeled as developing nations or receive the benefits of a developing nation under the terms of the organization or treaty; and (ii) meet the World Bank classification for upper middle income or high-income countries; and (B) describes how the organization or treaty provides different treatment or standards for enforcement based on development status of the member states or states parties.", "id": "idd49636a4-d55a-4e75-a838-c1c6c97e4622", "header": "Report on development status in existing organizations and treaties", "nested": [], "links": [] }, { "text": "(f) Mechanisms for changing development status \n(1) In general \nIn any international organization of which the United States and the People's Republic of China are both current members, the Secretary, in consultation with allies and partners of the United States, shall pursue— (A) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or (B) proposing the development of a mechanism described in paragraph (1) to change the status of the People's Republic of China in such organization from developing nation to developed nation. (2) Waiver \nThe President may waive the application of subparagraph (A) or (B) of paragraph (1) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States.", "id": "idae196eaf-7267-452a-a9dc-20f4a4f55dd0", "header": "Mechanisms for changing development status", "nested": [], "links": [] } ], "links": [] }, { "text": "1399M. Sharing of information with respect to suspected violations of intellectual property rights \nSection 628A of the Tariff Act of 1930 ( 19 U.S.C. 1628a ) is amended— (1) in subsection (a)(1), by inserting , packing materials, shipping containers, after its packaging each place it appears; and (2) in subsection (b)— (A) in paragraph (3), by striking ; and and inserting a semicolon; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (5) any other party with an interest in the merchandise, as determined appropriate by the Commissioner..", "id": "id9b606424202a4d4b9f9d30384028cc6a", "header": "Sharing of information with respect to suspected violations of intellectual property rights", "nested": [], "links": [ { "text": "19 U.S.C. 1628a", "legal-doc": "usc", "parsable-cite": "usc/19/1628a" } ] }, { "text": "1399N. Foreign port security assessments \n(a) Short title \nThis section may be cited as the International Port Security Enforcement Act. (b) In general \nSection 70108 of title 46, United States Code, is amended— (1) in subsection (f)— (A) in paragraph (1), by striking provided that and all that follows and inserting the following: “if— (A) the Secretary certifies that the foreign government or international organization— (i) has conducted the assessment in accordance with subsection (b); and (ii) has provided the Secretary with sufficient information pertaining to its assessment (including information regarding the outcome of the assessment); and (B) the foreign government that conducted the assessment is not a state sponsor of terrorism (as defined in section 3316(h). ; and (B) by amending paragraph (3) to read as follows: (3) Limitations \nNothing in this section may be construed— (A) to require the Secretary to treat an assessment conducted by a foreign government or an international organization as an assessment that satisfies the requirement under subsection (a); (B) to limit the discretion or ability of the Secretary to conduct an assessment under this section; (C) to limit the authority of the Secretary to repatriate aliens to their respective countries of origin; or (D) to prevent the Secretary from requesting security and safety measures that the Secretary considers necessary to safeguard Coast Guard personnel during the repatriation of aliens to their respective countries of origin. ; and (2) by adding at the end the following: (g) State sponsors of terrorism and international terrorist organizations \nThe Secretary— (1) may not enter into an agreement under subsection (f)(2) with— (A) a foreign government that is a state sponsor of terrorism; or (B) a foreign terrorist organization; and (2) shall— (A) deem any port that is under the jurisdiction of a foreign government that is a state sponsor of terrorism as not having effective antiterrorism measures for purposes of this section and section 70109; and (B) immediately apply the sanctions described in section 70110(a) to such port..", "id": "id15b4541649f44da8a5eb4659f3eba7fc", "header": "Foreign port security assessments", "nested": [ { "text": "(a) Short title \nThis section may be cited as the International Port Security Enforcement Act.", "id": "id55db8eac99c44f7fae5d011b4083b9d9", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) In general \nSection 70108 of title 46, United States Code, is amended— (1) in subsection (f)— (A) in paragraph (1), by striking provided that and all that follows and inserting the following: “if— (A) the Secretary certifies that the foreign government or international organization— (i) has conducted the assessment in accordance with subsection (b); and (ii) has provided the Secretary with sufficient information pertaining to its assessment (including information regarding the outcome of the assessment); and (B) the foreign government that conducted the assessment is not a state sponsor of terrorism (as defined in section 3316(h). ; and (B) by amending paragraph (3) to read as follows: (3) Limitations \nNothing in this section may be construed— (A) to require the Secretary to treat an assessment conducted by a foreign government or an international organization as an assessment that satisfies the requirement under subsection (a); (B) to limit the discretion or ability of the Secretary to conduct an assessment under this section; (C) to limit the authority of the Secretary to repatriate aliens to their respective countries of origin; or (D) to prevent the Secretary from requesting security and safety measures that the Secretary considers necessary to safeguard Coast Guard personnel during the repatriation of aliens to their respective countries of origin. ; and (2) by adding at the end the following: (g) State sponsors of terrorism and international terrorist organizations \nThe Secretary— (1) may not enter into an agreement under subsection (f)(2) with— (A) a foreign government that is a state sponsor of terrorism; or (B) a foreign terrorist organization; and (2) shall— (A) deem any port that is under the jurisdiction of a foreign government that is a state sponsor of terrorism as not having effective antiterrorism measures for purposes of this section and section 70109; and (B) immediately apply the sanctions described in section 70110(a) to such port..", "id": "ideebb3482c0ba4d868cb023c766d4ac3a", "header": "In general", "nested": [], "links": [] } ], "links": [] }, { "text": "1399O. Legal preparedness for servicemembers abroad \n(a) Review required \nNot later than December 31, 2024, the Secretary of State, in coordination with the Secretary of Defense, shall— (1) review the 10 largest foreign countries by United States Armed Forces presence and evaluate local legal systems, protections afforded by bilateral agreements between the United States and countries being evaluated, and how the rights and privileges afforded under such agreements may differ from United States law; and (2) brief the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate on the findings of the review. (b) Training required \nThe Secretary of Defense shall review and improve as necessary training and educational materials for members of the Armed Forces, their spouses, and dependents, as appropriate, who are stationed in a country reviewed pursuant to subsection (a)(1) regarding relevant foreign laws, how such foreign laws may differ from the laws of the United States, and the rights of accused in common scenarios under such foreign laws. (c) Translation standards and readiness \nThe Secretary of Defense, in coordination with the Secretary of State, shall review foreign language standards for servicemembers and employees of the Department of Defense and Department of State who are responsible for providing foreign language translation services in situations involving foreign law enforcement where a servicemember may be being detained, to ensure such persons maintain an appropriate proficiency in the legal terminology and meaning of essential terms in a relevant language.", "id": "H3923C48352894978B5E307F312B56563", "header": "Legal preparedness for servicemembers abroad", "nested": [ { "text": "(a) Review required \nNot later than December 31, 2024, the Secretary of State, in coordination with the Secretary of Defense, shall— (1) review the 10 largest foreign countries by United States Armed Forces presence and evaluate local legal systems, protections afforded by bilateral agreements between the United States and countries being evaluated, and how the rights and privileges afforded under such agreements may differ from United States law; and (2) brief the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate on the findings of the review.", "id": "H34A0FE69F04F4B84881A388BDA9F4E48", "header": "Review required", "nested": [], "links": [] }, { "text": "(b) Training required \nThe Secretary of Defense shall review and improve as necessary training and educational materials for members of the Armed Forces, their spouses, and dependents, as appropriate, who are stationed in a country reviewed pursuant to subsection (a)(1) regarding relevant foreign laws, how such foreign laws may differ from the laws of the United States, and the rights of accused in common scenarios under such foreign laws.", "id": "HB71F9AC73B0A4C9CA73B1F9F15C87AFA", "header": "Training required", "nested": [], "links": [] }, { "text": "(c) Translation standards and readiness \nThe Secretary of Defense, in coordination with the Secretary of State, shall review foreign language standards for servicemembers and employees of the Department of Defense and Department of State who are responsible for providing foreign language translation services in situations involving foreign law enforcement where a servicemember may be being detained, to ensure such persons maintain an appropriate proficiency in the legal terminology and meaning of essential terms in a relevant language.", "id": "H28333A537309418A8BD049158314045C", "header": "Translation standards and readiness", "nested": [], "links": [] } ], "links": [] }, { "text": "1399AA. Opposition of Congress to suspension, termination, denunciation, or withdrawal from North Atlantic Treaty \nThe President shall not suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by and with the advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress.", "id": "idcf5b1dff-6353-4241-91e0-ca963331193a", "header": "Opposition of Congress to suspension, termination, denunciation, or withdrawal from North Atlantic Treaty", "nested": [], "links": [] }, { "text": "1399BB. Limitation on the use of funds \nNo funds authorized or appropriated by any Act may be used to support, directly or indirectly, any decision on the part of any United States Government official to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, until such time as both the Senate and the House of Representatives pass, by an affirmative vote of two-thirds of Members, a joint resolution approving the withdrawal of the United States from the treaty, or pursuant to an Act of Congress.", "id": "id782c7bb8-8914-4b57-8556-207f063de2e6", "header": "Limitation on the use of funds", "nested": [], "links": [] }, { "text": "1399CC. Notification of treaty action \n(a) Consultation \nPrior to the notification described in subsection (b), the President shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in relation to any initiative to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty. (b) Notification \nThe President shall notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in writing of any deliberation or decision to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, as soon as possible but in no event later than 180 days prior to taking such action.", "id": "id3d9518fc-a7c2-4547-8f57-4c697cd04bd7", "header": "Notification of treaty action", "nested": [ { "text": "(a) Consultation \nPrior to the notification described in subsection (b), the President shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in relation to any initiative to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty.", "id": "id0B0D46351CFD493AB4085952F927BDF0", "header": "Consultation", "nested": [], "links": [] }, { "text": "(b) Notification \nThe President shall notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in writing of any deliberation or decision to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, as soon as possible but in no event later than 180 days prior to taking such action.", "id": "idE5C965615F674FEA85723063BB27C0A4", "header": "Notification", "nested": [], "links": [] } ], "links": [] }, { "text": "1399DD. Authorization of Legal Counsel to represent Congress \n(a) In general \nBy adoption of a resolution of the Senate or the House of Representatives, respectively, the Senate Legal Counsel or the General Counsel to the House of Representatives may be authorized to initiate, or intervene in, in the name of the Senate or the House of Representatives, as the case may be, independently, or jointly, any judicial proceedings in any Federal court of competent jurisdiction in order to oppose any action to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty in a manner inconsistent with this subtitle. (b) Consideration \nAny resolution or joint resolution introduced relating to any action to suspend, terminate, denounce or withdraw the United States from the North Atlantic Treaty and introduced pursuant to section 4(a) of this title shall be considered in accordance with the procedures of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 ( Public Law 94–329 ; 90 Stat. 765).", "id": "id467c5f50-fd8c-41ba-8bea-b32d2dc529aa", "header": "Authorization of Legal Counsel to represent Congress", "nested": [ { "text": "(a) In general \nBy adoption of a resolution of the Senate or the House of Representatives, respectively, the Senate Legal Counsel or the General Counsel to the House of Representatives may be authorized to initiate, or intervene in, in the name of the Senate or the House of Representatives, as the case may be, independently, or jointly, any judicial proceedings in any Federal court of competent jurisdiction in order to oppose any action to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty in a manner inconsistent with this subtitle.", "id": "id1a12041ac5fa43f1b5bc8c67f8beca28", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Consideration \nAny resolution or joint resolution introduced relating to any action to suspend, terminate, denounce or withdraw the United States from the North Atlantic Treaty and introduced pursuant to section 4(a) of this title shall be considered in accordance with the procedures of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 ( Public Law 94–329 ; 90 Stat. 765).", "id": "id4bf1bf18a7294957b4513a96b93e4300", "header": "Consideration", "nested": [], "links": [ { "text": "Public Law 94–329", "legal-doc": "public-law", "parsable-cite": "pl/94/329" } ] } ], "links": [ { "text": "Public Law 94–329", "legal-doc": "public-law", "parsable-cite": "pl/94/329" } ] }, { "text": "1399EE. Reporting requirement \nAny legal counsel operating pursuant to section 1299R shall report as soon as practicable to the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives with respect to any judicial proceedings which the Senate Legal Counsel or the General Counsel to the House of Representatives, as the case may be, initiates or in which it intervenes pursuant to section 1299R.", "id": "idd81dcf04-ab4c-44fe-9b43-ca2f2228d97c", "header": "Reporting requirement", "nested": [], "links": [] }, { "text": "1399FF. Rule of construction \nNothing in this subtitle shall be construed to authorize, imply, or otherwise indicate that the President may suspend, terminate, denounce, or withdraw from any treaty to which the Senate has provided its advice and consent without the advice and consent of the Senate to such act or pursuant to an Act of Congress.", "id": "id9A96FB51A9FB499DBF56E79C1ECF2BAE", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "1399GG. Severability \nIf any provision of this subtitle or the application of such provision is held by a Federal court to be unconstitutional, the remainder of this subtitle and the application of such provisions to any other person or circumstance shall not be affected thereby.", "id": "id8FB1FBF87E2D4D5F97499020F37F5BE8", "header": "Severability", "nested": [], "links": [] }, { "text": "1399HH. Definitions \nIn this subtitle, the terms withdrawal , denunciation , suspension , and termination have the meaning given the terms in the Vienna Convention on the Law of Treaties, concluded at Vienna May 23, 1969.", "id": "ide5b97afd-3746-4388-83c4-60aa76dd8439", "header": "Definitions", "nested": [], "links": [] }, { "text": "1399AAA. Short title \nThis subtitle may be cited as the Combating Global Corruption Act.", "id": "id6878786c-8bd5-448f-9b73-74b92256f7a8", "header": "Short title", "nested": [], "links": [] }, { "text": "1399BBB. Definitions \nIn this subtitle: (1) Corrupt actor \nThe term corrupt actor means— (A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and (B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption. (2) Corruption \nThe term corruption means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. (3) Significant corruption \nThe term significant corruption means corruption committed at a high level of government that has some or all of the following characteristics: (A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance. (B) Involves economically or socially large-scale government activities.", "id": "id0517f570-e316-4b56-9783-7612a93fd895", "header": "Definitions", "nested": [], "links": [] }, { "text": "1399CCC. Publication of tiered ranking list \n(a) In general \nThe Secretary of State shall annually publish, on a publicly accessible website, a tiered ranking of all foreign countries. (b) Tier 1 countries \nA country shall be ranked as a tier 1 country in the ranking published under subsection (a) if the government of such country is complying with the minimum standards set forth in section 1299R. (c) Tier 2 countries \nA country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 1299R, but is not achieving the requisite level of compliance to be ranked as a tier 1 country. (d) Tier 3 countries \nA country shall be ranked as a tier 3 country in the ranking published under subsection (a) if the government of such country is making de minimis or no efforts to comply with the minimum standards set forth in section 1299R.", "id": "id88e06824-e463-4bea-894c-6879dfaad51b", "header": "Publication of tiered ranking list", "nested": [ { "text": "(a) In general \nThe Secretary of State shall annually publish, on a publicly accessible website, a tiered ranking of all foreign countries.", "id": "id94073fbd-3d94-4590-a65f-8d2db77f173d", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Tier 1 countries \nA country shall be ranked as a tier 1 country in the ranking published under subsection (a) if the government of such country is complying with the minimum standards set forth in section 1299R.", "id": "id2a9571f4-93df-47fa-ba16-ecf32621f98e", "header": "Tier 1 countries", "nested": [], "links": [] }, { "text": "(c) Tier 2 countries \nA country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 1299R, but is not achieving the requisite level of compliance to be ranked as a tier 1 country.", "id": "idf9e327f0-07c2-4b99-8d55-4db42f164198", "header": "Tier 2 countries", "nested": [], "links": [] }, { "text": "(d) Tier 3 countries \nA country shall be ranked as a tier 3 country in the ranking published under subsection (a) if the government of such country is making de minimis or no efforts to comply with the minimum standards set forth in section 1299R.", "id": "id837e2227-81fd-43f2-8acd-1b07382cdb7d", "header": "Tier 3 countries", "nested": [], "links": [] } ], "links": [] }, { "text": "1399DDD. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption \n(a) In general \nThe government of a country is complying with the minimum standards for the elimination of corruption if the government— (1) has enacted and implemented laws and established government structures, policies, and practices that prohibit corruption, including significant corruption; (2) enforces the laws described in paragraph (1) by punishing any person who is found, through a fair judicial process, to have violated such laws; (3) prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes; and (4) is making serious and sustained efforts to address corruption, including through prevention. (b) Factors for assessing government efforts To combat corruption \nIn determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as— (1) whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts; (2) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption; (3) whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption; (4) what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials; (5) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring; (6) whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect); (7) whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors; (8) whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others; (9) whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons; (10) whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption; (11) whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements; (12) whether the government of the country is facilitating corruption in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and (13) such other information relating to corruption as the Secretary of State considers appropriate. (c) Assessing government efforts to combat corruption in relation to relevant international commitments \nIn determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country’s compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. (2) The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the Anti-Bribery Convention ). (3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000. (4) The United Nations Convention against Corruption, done at New York October 31, 2003. (5) Such other treaties, agreements, and international standards as the Secretary of State considers appropriate.", "id": "id2936a4a0-3e83-43ec-b49d-2250eca77d79", "header": "Minimum standards for the elimination of corruption and assessment of efforts to combat corruption", "nested": [ { "text": "(a) In general \nThe government of a country is complying with the minimum standards for the elimination of corruption if the government— (1) has enacted and implemented laws and established government structures, policies, and practices that prohibit corruption, including significant corruption; (2) enforces the laws described in paragraph (1) by punishing any person who is found, through a fair judicial process, to have violated such laws; (3) prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes; and (4) is making serious and sustained efforts to address corruption, including through prevention.", "id": "id5f90ddc6-7811-4a22-9ae5-35843529524f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Factors for assessing government efforts To combat corruption \nIn determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as— (1) whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts; (2) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption; (3) whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption; (4) what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials; (5) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring; (6) whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect); (7) whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors; (8) whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others; (9) whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons; (10) whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption; (11) whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements; (12) whether the government of the country is facilitating corruption in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and (13) such other information relating to corruption as the Secretary of State considers appropriate.", "id": "id2bc3d0df-13f9-40ae-a9ca-c13489ca81a7", "header": "Factors for assessing government efforts To combat corruption", "nested": [], "links": [] }, { "text": "(c) Assessing government efforts to combat corruption in relation to relevant international commitments \nIn determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country’s compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. (2) The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the Anti-Bribery Convention ). (3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000. (4) The United Nations Convention against Corruption, done at New York October 31, 2003. (5) Such other treaties, agreements, and international standards as the Secretary of State considers appropriate.", "id": "idb608f0765ff0469b96e818a1ac758e6b", "header": "Assessing government efforts to combat corruption in relation to relevant international commitments", "nested": [], "links": [] } ], "links": [] }, { "text": "1399EEE. Imposition of sanctions under Global Magnitsky Human Rights Accountability Act \n(a) In general \nThe Secretary of State, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note)— (1) in all countries identified as tier 3 countries under section 1299Q(d); or (2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline. (b) Report required \nNot later than 180 days after publishing the list required by section 1299Q(a) and annually thereafter, the Secretary of State shall submit to the committees specified in subsection (e) a report that includes— (1) a list of foreign persons with respect to which the President imposed sanctions pursuant to the evaluation under subsection (a); (2) the dates on which such sanctions were imposed; (3) the reasons for imposing such sanctions; and (4) a list of all foreign persons that have been engaged in significant corruption in relation to the planning, construction, or operation of the Nord Stream 2 pipeline. (c) Form of report \nEach report required by subsection (b) shall be submitted in unclassified form but may include a classified annex. (d) Briefing in lieu of report \nThe Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (e) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. (e) Termination of requirements relating to nord stream 2 \nThe requirements under subsections (a)(2) and (b)(4) shall terminate on the date that is 5 years after the date of the enactment of this Act. (f) Committees specified \nThe committees specified in this subsection are— (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives.", "id": "idf90616d31a1c48b1a7e0f4cfac7d7055", "header": "Imposition of sanctions under Global Magnitsky Human Rights Accountability Act", "nested": [ { "text": "(a) In general \nThe Secretary of State, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note)— (1) in all countries identified as tier 3 countries under section 1299Q(d); or (2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline.", "id": "id35d4efe9fa5c46d19b29674f9a453e00", "header": "In general", "nested": [], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "22 U.S.C. 2656", "legal-doc": "usc", "parsable-cite": "usc/22/2656" } ] }, { "text": "(b) Report required \nNot later than 180 days after publishing the list required by section 1299Q(a) and annually thereafter, the Secretary of State shall submit to the committees specified in subsection (e) a report that includes— (1) a list of foreign persons with respect to which the President imposed sanctions pursuant to the evaluation under subsection (a); (2) the dates on which such sanctions were imposed; (3) the reasons for imposing such sanctions; and (4) a list of all foreign persons that have been engaged in significant corruption in relation to the planning, construction, or operation of the Nord Stream 2 pipeline.", "id": "id0f4444f56c014b8bbbc65a0c32cc4564", "header": "Report required", "nested": [], "links": [] }, { "text": "(c) Form of report \nEach report required by subsection (b) shall be submitted in unclassified form but may include a classified annex.", "id": "id3efa8ad6686949c9b8fb710fdefc915a", "header": "Form of report", "nested": [], "links": [] }, { "text": "(d) Briefing in lieu of report \nThe Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (e) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States.", "id": "id9b6fb8d1655e457992cee243eb58a7f5", "header": "Briefing in lieu of report", "nested": [], "links": [] }, { "text": "(e) Termination of requirements relating to nord stream 2 \nThe requirements under subsections (a)(2) and (b)(4) shall terminate on the date that is 5 years after the date of the enactment of this Act.", "id": "id9a0d7b0570ff4fc8b91985c9e83f908e", "header": "Termination of requirements relating to nord stream 2", "nested": [], "links": [] }, { "text": "(f) Committees specified \nThe committees specified in this subsection are— (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives.", "id": "idcbe99adf97564d9db493c15be23c01d0", "header": "Committees specified", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "22 U.S.C. 2656", "legal-doc": "usc", "parsable-cite": "usc/22/2656" } ] }, { "text": "1399FFF. Designation of embassy anti-corruption points of contact \n(a) In general \nThe Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 1299Q, or which the Secretary otherwise determines is in need of such a point of contact. The point of contact shall be the chief of mission or the chief of mission's designee. (b) Responsibilities \nEach anti-corruption point of contact designated under subsection (a) shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant Federal departments and agencies undertaking efforts to— (1) promote good governance in foreign countries; and (2) enhance the ability of such countries— (A) to combat public corruption; and (B) to develop and implement corruption risk assessment tools and mitigation strategies. (c) Training \nThe Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a).", "id": "id4ec4d2ba-626f-44fd-9f7a-a298eeff435a", "header": "Designation of embassy anti-corruption points of contact", "nested": [ { "text": "(a) In general \nThe Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 1299Q, or which the Secretary otherwise determines is in need of such a point of contact. The point of contact shall be the chief of mission or the chief of mission's designee.", "id": "id0ef87b73-03bb-4ce8-b096-aba2a52e7512", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Responsibilities \nEach anti-corruption point of contact designated under subsection (a) shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant Federal departments and agencies undertaking efforts to— (1) promote good governance in foreign countries; and (2) enhance the ability of such countries— (A) to combat public corruption; and (B) to develop and implement corruption risk assessment tools and mitigation strategies.", "id": "idffb993b2-7214-4ba9-bba8-4574f712861f", "header": "Responsibilities", "nested": [], "links": [] }, { "text": "(c) Training \nThe Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a).", "id": "idb58745ca-75a6-4e62-b1ef-a6525cbded89", "header": "Training", "nested": [], "links": [] } ], "links": [] }, { "text": "1399AAAA. Short title \nThis subtitle may be cited as the International Children with Disabilities Protection Act of 2023.", "id": "id07f9539e495d4873a7fbd7456d13d816", "header": "Short title", "nested": [], "links": [] }, { "text": "1399BBBB. Sense of Congress \nIt is the sense of Congress that— (1) stigma and discrimination against children with disabilities, particularly intellectual and other developmental disabilities, and lack of support for community inclusion have left people with disabilities and their families economically and socially marginalized; (2) organizations of persons with disabilities and family members of persons with disabilities are often too small to apply for or obtain funds from domestic or international sources or ineligible to receive funds from such sources; (3) as a result of the factors described in paragraphs (1) and (2), key stakeholders have often been left out of public policymaking on matters that affect children with disabilities; and (4) financial support, technical assistance, and active engagement of persons with disabilities and their families is needed to ensure the development of effective policies that protect families, ensure the full inclusion in society of children with disabilities, and promote the ability of persons with disabilities to live in the community with choices equal to others.", "id": "id01f7392cb191483b9c03c0ff21884a0e", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "1399CCCC. Definitions \nIn this subtitle: (1) Department \nThe term Department means the Department of State. (2) Eligible implementing partner \nThe term eligible implementing partner means a nongovernmental organization or other civil society organization that— (A) has the capacity to administer grants directly or through subgrants that can be effectively used by local organizations of persons with disabilities; and (B) has international expertise in the rights of persons with disabilities, including children with disabilities and their families. (3) Organization of persons with disabilities \nThe term organization of persons with disabilities means a nongovernmental civil society organization run by and for persons with disabilities and families of children with disabilities.", "id": "id39b78020debd4a24bdb51894a09aaffa", "header": "Definitions", "nested": [], "links": [] }, { "text": "1399DDDD. Statement of policy \nIt is the policy of the United States to— (1) assist partner countries in developing policies and programs that recognize, support, and protect the civil and political rights of and enjoyment of fundamental freedoms by persons with disabilities, including children, such that the latter may grow and thrive in supportive family environments and make the transition to independent living as adults; (2) promote the development of advocacy and leadership skills among persons with disabilities and their families in a manner that enables effective civic engagement, including at the local, national, and regional levels, and promote policy reforms and programs that support full economic and civic inclusion of persons with disabilities and their families; (3) promote the development of laws and policies that— (A) strengthen families and protect against the unnecessary institutionalization of children with disabilities; and (B) create opportunities for children and youth with disabilities to access the resources and support needed to achieve their full potential to live independently in the community with choices equal to others; (4) promote the participation of persons with disabilities and their families in advocacy efforts and legal frameworks to recognize, support, and protect the civil and political rights of and enjoyment of fundamental freedoms by persons with disabilities; and (5) promote the sustainable action needed to bring about changes in law, policy, and programs to ensure full family inclusion of children with disabilities and the transition of children with disabilities to independent living as adults.", "id": "ide63abf0ff25143579daa189d743ab00a", "header": "Statement of policy", "nested": [], "links": [] }, { "text": "1399EEEE. International Children with Disabilities Protection Program and capacity building \n(a) International Children with Disabilities Protection Program \n(1) In general \nThere is authorized to be established within the Department of State a program to be known as the International Children with Disabilities Protection Program (in this section referred to as the Program ) to carry out the policy described in section _4. (2) Criteria \nIn carrying out the Program under this section, the Secretary of State, in consultation with leading civil society groups with expertise in the protection of civil and political rights of and enjoyment of fundamental freedoms by persons with disabilities, may establish criteria for priority activities under the Program in selected countries. (3) Disability inclusion grants \nThe Secretary of State may award grants to eligible implementing partners to administer grant amounts directly or through subgrants. (4) Subgrants \nAn eligible implementing partner that receives a grant under paragraph (3) should provide subgrants and, in doing so, shall prioritize local organizations of persons with disabilities working within a focus country or region to advance the policy described in section _4. (b) Authorization of appropriations \n(1) In general \nOf funds made available in fiscal years 2024 through 2029 to carry out the purposes of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq), there are authorized to be appropriated to carry out this subtitle amounts as follows: (A) $2,000,000 for fiscal year 2024. (B) $5,000,000 for each of fiscal years 2025 through 2029. (2) Capacity-building and technical assistance programs \nOf the amounts authorized to be appropriated by paragraph (1), not less than $1,000,000 for each of fiscal years 2024 through 2029 should be available for capacity-building and technical assistance programs to— (A) develop the leadership skills of persons with disabilities, legislators, policymakers, and service providers in the planning and implementation of programs to advance the policy described in section _4 ; (B) increase awareness of successful models of the promotion of civil and political rights and fundamental freedoms, family support, and economic and civic inclusion among organizations of persons with disabilities and allied civil society advocates, attorneys, and professionals to advance the policy described in section _4 ; and (C) create online programs to train policymakers, advocates, and other individuals on successful models to advance reforms, services, and protection measures that enable children with disabilities to live within supportive family environments and become full participants in society, which— (i) are available globally; (ii) offer low-cost or no-cost training accessible to persons with disabilities, family members of such persons, and other individuals with potential to offer future leadership in the advancement of the goals of family inclusion, transition to independent living as adults, and protection measures for children with disabilities; and (iii) should be targeted to government policymakers, advocates, and other potential allies and supporters among civil society groups.", "id": "id05709def16c345d6a4df65650028089a", "header": "International Children with Disabilities Protection Program and capacity building", "nested": [ { "text": "(a) International Children with Disabilities Protection Program \n(1) In general \nThere is authorized to be established within the Department of State a program to be known as the International Children with Disabilities Protection Program (in this section referred to as the Program ) to carry out the policy described in section _4. (2) Criteria \nIn carrying out the Program under this section, the Secretary of State, in consultation with leading civil society groups with expertise in the protection of civil and political rights of and enjoyment of fundamental freedoms by persons with disabilities, may establish criteria for priority activities under the Program in selected countries. (3) Disability inclusion grants \nThe Secretary of State may award grants to eligible implementing partners to administer grant amounts directly or through subgrants. (4) Subgrants \nAn eligible implementing partner that receives a grant under paragraph (3) should provide subgrants and, in doing so, shall prioritize local organizations of persons with disabilities working within a focus country or region to advance the policy described in section _4.", "id": "id3912c6e97f8b43198754c9d582cea2ee", "header": "International Children with Disabilities Protection Program", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \n(1) In general \nOf funds made available in fiscal years 2024 through 2029 to carry out the purposes of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq), there are authorized to be appropriated to carry out this subtitle amounts as follows: (A) $2,000,000 for fiscal year 2024. (B) $5,000,000 for each of fiscal years 2025 through 2029. (2) Capacity-building and technical assistance programs \nOf the amounts authorized to be appropriated by paragraph (1), not less than $1,000,000 for each of fiscal years 2024 through 2029 should be available for capacity-building and technical assistance programs to— (A) develop the leadership skills of persons with disabilities, legislators, policymakers, and service providers in the planning and implementation of programs to advance the policy described in section _4 ; (B) increase awareness of successful models of the promotion of civil and political rights and fundamental freedoms, family support, and economic and civic inclusion among organizations of persons with disabilities and allied civil society advocates, attorneys, and professionals to advance the policy described in section _4 ; and (C) create online programs to train policymakers, advocates, and other individuals on successful models to advance reforms, services, and protection measures that enable children with disabilities to live within supportive family environments and become full participants in society, which— (i) are available globally; (ii) offer low-cost or no-cost training accessible to persons with disabilities, family members of such persons, and other individuals with potential to offer future leadership in the advancement of the goals of family inclusion, transition to independent living as adults, and protection measures for children with disabilities; and (iii) should be targeted to government policymakers, advocates, and other potential allies and supporters among civil society groups.", "id": "id1e2562b40d9f40feb52940d6bb2b3c28", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "1399FFFF. Annual report on implementation \n(a) Annual report required \n(1) In general \nNot less frequently than annually through fiscal year 2029, the Secretary of State shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report on— (A) the programs and activities carried out to advance the policy described in section _4 ; and (B) any broader work of the Department in advancing that policy. (2) Elements \nEach report required by paragraph (1) shall include, with respect to each program carried out under section _5 — (A) the rationale for the country and program selection; (B) the goals and objectives of the program, and the kinds of participants in the activities and programs supported; (C) a description of the types of technical assistance and capacity building provided; and (D) an identification of any gaps in funding or support needed to ensure full participation of organizations of persons with disabilities or inclusion of children with disabilities in the program. (3) Consultation \nIn preparing each report required by paragraph (1), the Secretary of State shall consult with organizations of persons with disabilities.", "id": "id1fc49a12fe714cf58494a0af93a8ee0c", "header": "Annual report on implementation", "nested": [ { "text": "(a) Annual report required \n(1) In general \nNot less frequently than annually through fiscal year 2029, the Secretary of State shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report on— (A) the programs and activities carried out to advance the policy described in section _4 ; and (B) any broader work of the Department in advancing that policy. (2) Elements \nEach report required by paragraph (1) shall include, with respect to each program carried out under section _5 — (A) the rationale for the country and program selection; (B) the goals and objectives of the program, and the kinds of participants in the activities and programs supported; (C) a description of the types of technical assistance and capacity building provided; and (D) an identification of any gaps in funding or support needed to ensure full participation of organizations of persons with disabilities or inclusion of children with disabilities in the program. (3) Consultation \nIn preparing each report required by paragraph (1), the Secretary of State shall consult with organizations of persons with disabilities.", "id": "id5208d0eee25d461b99102c849d148173", "header": "Annual report required", "nested": [], "links": [] } ], "links": [] }, { "text": "1399GGGG. Promoting international protection and advocacy for children with disabilities \n(a) Sense of Congress on programming and programs \nIt is the sense of Congress that— (1) all programming of the Department and the United States Agency for International Development related to health systems strengthening, primary and secondary education, and the protection of civil and political rights of persons with disabilities should seek to be consistent with the policy described in section _4 ; and (2) programs of the Department and the United States Agency for International Development related to children, global health, and education— (A) should— (i) engage organizations of persons with disabilities in policymaking and program implementation; and (ii) support full inclusion of children with disabilities in families; and (B) should aim to avoid support for residential institutions for children with disabilities except in situations of conflict or emergency in a manner that protects family connections as described in subsection (b). (b) Sense of Congress on conflict and emergencies \nIt is the sense of Congress that— (1) programs of the Department and the United States Agency for International Development serving children in situations of conflict or emergency, among displaced or refugee populations, or in natural disasters should seek to ensure that children with and without disabilities can maintain family ties; and (2) in situations of emergency, if children are separated from parents or have no family, every effort should be made to ensure that children are placed with extended family, in kinship care, or in an adoptive or foster family.", "id": "idfefcd567a7e240cbb67cd586e6047ef4", "header": "Promoting international protection and advocacy for children with disabilities", "nested": [ { "text": "(a) Sense of Congress on programming and programs \nIt is the sense of Congress that— (1) all programming of the Department and the United States Agency for International Development related to health systems strengthening, primary and secondary education, and the protection of civil and political rights of persons with disabilities should seek to be consistent with the policy described in section _4 ; and (2) programs of the Department and the United States Agency for International Development related to children, global health, and education— (A) should— (i) engage organizations of persons with disabilities in policymaking and program implementation; and (ii) support full inclusion of children with disabilities in families; and (B) should aim to avoid support for residential institutions for children with disabilities except in situations of conflict or emergency in a manner that protects family connections as described in subsection (b).", "id": "idbec3be05bad14e6f91f5f10ad40840e2", "header": "Sense of Congress on programming and programs", "nested": [], "links": [] }, { "text": "(b) Sense of Congress on conflict and emergencies \nIt is the sense of Congress that— (1) programs of the Department and the United States Agency for International Development serving children in situations of conflict or emergency, among displaced or refugee populations, or in natural disasters should seek to ensure that children with and without disabilities can maintain family ties; and (2) in situations of emergency, if children are separated from parents or have no family, every effort should be made to ensure that children are placed with extended family, in kinship care, or in an adoptive or foster family.", "id": "id7085c734e9764181bece5d7668e70d55", "header": "Sense of Congress on conflict and emergencies", "nested": [], "links": [] } ], "links": [] }, { "text": "1399AAAAA. Short title \nThis subtitle may be cited as the Western Hemisphere Partnership Act of 2023.", "id": "id8ee57370-ed0b-49e6-bd89-4ccd901a99eb", "header": "Short title", "nested": [], "links": [] }, { "text": "1399BBBBB. United States policy in the Western Hemisphere \nIt is the policy of the United States to promote economic competitiveness, democratic governance, and security in the Western Hemisphere by— (1) encouraging stronger economic relations, respect for property rights, the rule of law, and enforceable investment rules and labor and environmental standards; (2) advancing the principles and practices expressed in the Charter of the Organization of American States, the American Declaration on the Rights and Duties of Man, and the Inter-American Democratic Charter; and (3) enhancing the capacity and technical capabilities of democratic partner nation government institutions, including civilian law enforcement, the judiciary, attorneys general, and security forces.", "id": "id51d87fb3-88b1-43cb-a59a-1b88b8407b1a", "header": "United States policy in the Western Hemisphere", "nested": [], "links": [] }, { "text": "1399CCCCC. Promoting security and the rule of law in the Western Hemisphere \n(a) Sense of Congress \nIt is the sense of Congress that the United States should strengthen security cooperation with democratic partner nations in the Western Hemisphere to promote a secure hemisphere and to address the negative impacts of transnational criminal organizations and malign external state actors. (b) Collaborative efforts \nThe Secretary of State, in coordination with the heads of other relevant Federal agencies, should support the improvement of security conditions and the rule of law in the Western Hemisphere through collaborative efforts with democratic partners that— (1) enhance the institutional capacity and technical capabilities of defense and security institutions in democratic partner nations to conduct national or regional security missions, including through regular bilateral and multilateral engagements, foreign military sales and financing, international military education and training programs, expanding the National Guard State Partnership Programs, and other means; (2) provide technical assistance and material support (including, as appropriate, radars, vessels, and communications equipment) to relevant security forces to disrupt, degrade, and dismantle organizations involved in the illicit trafficking of narcotics and precursor chemicals, transnational criminal activities, illicit mining, and illegal, unreported, and unregulated fishing, and other illicit activities; (3) enhance the institutional capacity, legitimacy, and technical capabilities of relevant civilian law enforcement, attorneys general, and judicial institutions to— (A) strengthen the rule of law and transparent governance; (B) combat corruption and kleptocracy in the region; and (C) improve regional cooperation to disrupt, degrade, and dismantle transnational organized criminal networks and terrorist organizations, including through training, anticorruption initiatives, anti-money laundering programs, and strengthening cyber capabilities and resources; (4) enhance port management and maritime security partnerships and airport management and aviation security partnerships to disrupt, degrade, and dismantle transnational criminal networks and facilitate the legitimate flow of people, goods, and services; (5) strengthen cooperation to improve border security across the Western Hemisphere, dismantle human smuggling and trafficking networks, and increase cooperation to demonstrably strengthen migration management systems; (6) counter the malign influence of state and non-state actors and disinformation campaigns; (7) disrupt illicit domestic and transnational financial networks; (8) foster mechanisms for cooperation on emergency preparedness and rapid recovery from natural disasters, including by— (A) supporting regional preparedness, recovery, and emergency management centers to facilitate rapid response to survey and help maintain planning on regional disaster anticipated needs and possible resources; (B) training disaster recovery officials on latest techniques and lessons learned from United States experiences; (C) making available, preparing, and transferring on-hand nonlethal supplies, and providing training on the use of such supplies, for humanitarian or health purposes to respond to unforeseen emergencies; and (D) conducting medical support operations and medical humanitarian missions, such as hospital ship deployments and base-operating services, to the extent required by the operation; (9) foster regional mechanisms for early warning and response to pandemics in the Western Hemisphere, including through— (A) improved cooperation with and research by the United States Centers for Disease Control and Prevention through regional pandemic response centers; (B) personnel exchanges for technology transfer and skills development; and (C) surveying and mapping of health networks to build local health capacity; (10) promote the meaningful participation of women across all political processes, including conflict prevention and conflict resolution and post-conflict relief and recovery efforts; and (11) hold accountable actors that violate political and civil rights. (c) Limitations on use of technologies \nOperational technologies transferred pursuant to subsection (b) to partner governments for intelligence, defense, or law enforcement purposes shall be used solely for the purposes for which the technology was intended. The United States shall take all necessary steps to ensure that the use of such operational technologies is consistent with United States law, including protections of freedom of expression, freedom of movement, and freedom of association. (d) Strategy \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal agencies, shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a 5-year strategy to promote security and the rule of law in the Western Hemisphere in accordance to this section. (2) Elements \nThe strategy required under paragraph (1) shall include the following elements: (A) A detailed assessment of the resources required to carry out such collaborative efforts. (B) Annual benchmarks to track progress and obstacles in undertaking such collaborative efforts. (C) A public diplomacy component to engage the people of the Western Hemisphere with the purpose of demonstrating that the security of their countries is enhanced to a greater extent through alignment with the United States and democratic values rather than with authoritarian countries such as the People’s Republic of China, the Russian Federation, and the Islamic Republic of Iran. (3) Briefing \nNot later than 1 year after submission of the strategy required under paragraph (1), and annually thereafter, the Secretary of State shall provide to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a briefing on the implementation of the strategy.", "id": "idc1b6d251-f241-4d85-a035-2c332f4c8f01", "header": "Promoting security and the rule of law in the Western Hemisphere", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that the United States should strengthen security cooperation with democratic partner nations in the Western Hemisphere to promote a secure hemisphere and to address the negative impacts of transnational criminal organizations and malign external state actors.", "id": "id7f1c4070-e22f-4e52-8adf-bc4d6b68b035", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Collaborative efforts \nThe Secretary of State, in coordination with the heads of other relevant Federal agencies, should support the improvement of security conditions and the rule of law in the Western Hemisphere through collaborative efforts with democratic partners that— (1) enhance the institutional capacity and technical capabilities of defense and security institutions in democratic partner nations to conduct national or regional security missions, including through regular bilateral and multilateral engagements, foreign military sales and financing, international military education and training programs, expanding the National Guard State Partnership Programs, and other means; (2) provide technical assistance and material support (including, as appropriate, radars, vessels, and communications equipment) to relevant security forces to disrupt, degrade, and dismantle organizations involved in the illicit trafficking of narcotics and precursor chemicals, transnational criminal activities, illicit mining, and illegal, unreported, and unregulated fishing, and other illicit activities; (3) enhance the institutional capacity, legitimacy, and technical capabilities of relevant civilian law enforcement, attorneys general, and judicial institutions to— (A) strengthen the rule of law and transparent governance; (B) combat corruption and kleptocracy in the region; and (C) improve regional cooperation to disrupt, degrade, and dismantle transnational organized criminal networks and terrorist organizations, including through training, anticorruption initiatives, anti-money laundering programs, and strengthening cyber capabilities and resources; (4) enhance port management and maritime security partnerships and airport management and aviation security partnerships to disrupt, degrade, and dismantle transnational criminal networks and facilitate the legitimate flow of people, goods, and services; (5) strengthen cooperation to improve border security across the Western Hemisphere, dismantle human smuggling and trafficking networks, and increase cooperation to demonstrably strengthen migration management systems; (6) counter the malign influence of state and non-state actors and disinformation campaigns; (7) disrupt illicit domestic and transnational financial networks; (8) foster mechanisms for cooperation on emergency preparedness and rapid recovery from natural disasters, including by— (A) supporting regional preparedness, recovery, and emergency management centers to facilitate rapid response to survey and help maintain planning on regional disaster anticipated needs and possible resources; (B) training disaster recovery officials on latest techniques and lessons learned from United States experiences; (C) making available, preparing, and transferring on-hand nonlethal supplies, and providing training on the use of such supplies, for humanitarian or health purposes to respond to unforeseen emergencies; and (D) conducting medical support operations and medical humanitarian missions, such as hospital ship deployments and base-operating services, to the extent required by the operation; (9) foster regional mechanisms for early warning and response to pandemics in the Western Hemisphere, including through— (A) improved cooperation with and research by the United States Centers for Disease Control and Prevention through regional pandemic response centers; (B) personnel exchanges for technology transfer and skills development; and (C) surveying and mapping of health networks to build local health capacity; (10) promote the meaningful participation of women across all political processes, including conflict prevention and conflict resolution and post-conflict relief and recovery efforts; and (11) hold accountable actors that violate political and civil rights.", "id": "id5995d211-1f95-4276-8d53-24b96445f42e", "header": "Collaborative efforts", "nested": [], "links": [] }, { "text": "(c) Limitations on use of technologies \nOperational technologies transferred pursuant to subsection (b) to partner governments for intelligence, defense, or law enforcement purposes shall be used solely for the purposes for which the technology was intended. The United States shall take all necessary steps to ensure that the use of such operational technologies is consistent with United States law, including protections of freedom of expression, freedom of movement, and freedom of association.", "id": "idefc0f1a2-f342-4f53-8510-fafe747237dc", "header": "Limitations on use of technologies", "nested": [], "links": [] }, { "text": "(d) Strategy \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal agencies, shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a 5-year strategy to promote security and the rule of law in the Western Hemisphere in accordance to this section. (2) Elements \nThe strategy required under paragraph (1) shall include the following elements: (A) A detailed assessment of the resources required to carry out such collaborative efforts. (B) Annual benchmarks to track progress and obstacles in undertaking such collaborative efforts. (C) A public diplomacy component to engage the people of the Western Hemisphere with the purpose of demonstrating that the security of their countries is enhanced to a greater extent through alignment with the United States and democratic values rather than with authoritarian countries such as the People’s Republic of China, the Russian Federation, and the Islamic Republic of Iran. (3) Briefing \nNot later than 1 year after submission of the strategy required under paragraph (1), and annually thereafter, the Secretary of State shall provide to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a briefing on the implementation of the strategy.", "id": "id1bd88708b97a492fbc10835deb303a69", "header": "Strategy", "nested": [], "links": [] } ], "links": [] }, { "text": "1399DDDDD. Promoting digitalization and cybersecurity in the Western Hemisphere \n(a) Sense of Congress \nIt is the sense of Congress that the United States should support digitalization and expand cybersecurity cooperation in the Western Hemisphere to promote regional economic prosperity and security. (b) Promotion of digitalization and cybersecurity \nThe Secretary of State, in coordination with the heads of other relevant Federal agencies, should promote digitalization and cybersecurity in the Western Hemisphere through collaborative efforts with democratic partners that— (1) promote digital connectivity and facilitate e-commerce by expanding access to information and communications technology (ICT) supply chains that adhere to high-quality security and reliability standards, including— (A) to open market access on a national treatment, nondiscriminatory basis; and (B) to strengthen the cybersecurity and cyber resilience of partner countries; (2) advance the provision of digital government services (e-government) that, to the greatest extent possible, promote transparency, lower business costs, and expand citizens’ access to public services and public information; and (3) develop robust cybersecurity partnerships to— (A) promote the inclusion of components and architectures in information and communications technology (ICT) supply chains from participants in initiatives that adhere to high-quality security and reliability standards; (B) share best practices to mitigate cyber threats to critical infrastructure from ICT architectures by technology providers that supply equipment and services covered under section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 ); (C) effectively respond to cybersecurity threats, including state-sponsored threats; and (D) to strengthen resilience against cyberattacks and cybercrime.", "id": "idc8147258-9166-4272-9ba2-9176db10210a", "header": "Promoting digitalization and cybersecurity in the Western Hemisphere", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that the United States should support digitalization and expand cybersecurity cooperation in the Western Hemisphere to promote regional economic prosperity and security.", "id": "idd08d8008-3db3-4784-86c5-251731f2644d", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Promotion of digitalization and cybersecurity \nThe Secretary of State, in coordination with the heads of other relevant Federal agencies, should promote digitalization and cybersecurity in the Western Hemisphere through collaborative efforts with democratic partners that— (1) promote digital connectivity and facilitate e-commerce by expanding access to information and communications technology (ICT) supply chains that adhere to high-quality security and reliability standards, including— (A) to open market access on a national treatment, nondiscriminatory basis; and (B) to strengthen the cybersecurity and cyber resilience of partner countries; (2) advance the provision of digital government services (e-government) that, to the greatest extent possible, promote transparency, lower business costs, and expand citizens’ access to public services and public information; and (3) develop robust cybersecurity partnerships to— (A) promote the inclusion of components and architectures in information and communications technology (ICT) supply chains from participants in initiatives that adhere to high-quality security and reliability standards; (B) share best practices to mitigate cyber threats to critical infrastructure from ICT architectures by technology providers that supply equipment and services covered under section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 ); (C) effectively respond to cybersecurity threats, including state-sponsored threats; and (D) to strengthen resilience against cyberattacks and cybercrime.", "id": "id4fadfb8b-96cf-4480-bbdb-af1ed63ce0b6", "header": "Promotion of digitalization and cybersecurity", "nested": [], "links": [ { "text": "47 U.S.C. 1601", "legal-doc": "usc", "parsable-cite": "usc/47/1601" } ] } ], "links": [ { "text": "47 U.S.C. 1601", "legal-doc": "usc", "parsable-cite": "usc/47/1601" } ] }, { "text": "1399EEEEE. Promoting economic and commercial partnerships in the Western Hemisphere \n(a) Sense of Congress \nIt is the sense of Congress that the United States should enhance economic and commercial ties with democratic partners to promote prosperity in the Western Hemisphere by modernizing and strengthening trade capacity-building and trade facilitation initiatives, encouraging market-based economic reforms that enable inclusive economic growth, strengthening labor and environmental standards, addressing economic disparities of women, and encouraging transparency and adherence to the rule of law in investment dealings. (b) In general \nThe Secretary of State, in coordination with the United States Trade Representative, the Chief Executive Officer of the Development Finance Corporation, and the heads of other relevant Federal agencies, should support the improvement of economic conditions in the Western Hemisphere through collaborative efforts with democratic partners that— (1) facilitate a more open, transparent, and competitive environment for United States businesses and promote robust and comprehensive trade capacity-building and trade facilitation by— (A) reducing trade and nontariff barriers between the countries in the region, establishing a mechanism for pursuing Mutual Recognition Agreements and Formalized Regulatory Cooperation Agreements in priority sectors of the economy; (B) establishing a forum for discussing and evaluating technical and other assistance needs to help establish streamlined single window processes to facilitate movement of goods and common customs arrangements and procedures to lower costs of goods in transit and speed to destination; (C) building relationships and exchanges between relevant regulatory bodies in the United States and democratic partners in the Western Hemisphere to promote best practices and transparency in rulemaking, implementation, and enforcement, and provide training and assistance to help improve supply chain management in the Western Hemisphere; (D) establishing regional fora for identifying, raising, and addressing supply chain management issues, including infrastructure needs and strengthening of investment rules and regulatory frameworks; (E) establishing a dedicated program of trade missions and reverse trade missions to increase commercial contacts and ties between the United States and Western Hemisphere partner countries; and (F) strengthening labor and environmental standards in the region; (2) establish frameworks or mechanisms to review and address the long-term financial sustainability and national security implications of foreign investments in strategic sectors or services; (3) establish competitive and transparent infrastructure project selection and procurement processes that promote transparency, open competition, financial sustainability, and robust adherence to global standards and norms; and (4) advance robust and comprehensive energy production and integration, including through a more open, transparent, and competitive environment for United States companies competing in the Western Hemisphere, including by— (A) facilitating further development of integrated regional energy markets; (B) improving management of grids, including technical capability to ensure the functionality, safe and responsible management, and quality of service of electricity providers, carriers, and management and distribution systems; (C) facilitating private sector-led development of reliable and affordable power generation capacity; (D) establishing a process for surveying grid capacity and management focused on identifying electricity service efficiencies and establishing cooperative mechanisms for providing technical assistance for— (i) grid management, power pricing, and tariff issues; (ii) establishing and maintaining appropriate regulatory best practices; and (iii) proposals to establish regional power grids for the purpose of promoting the sale of excess supply to consumers across borders; (E) assessing the viability and effectiveness of decentralizing power production and transmission and building micro-grid power networks to improve, when feasible, access to electricity, particularly in rural and underserved communities where centralized power grid connections may not be feasible in the short to medium term; and (F) exploring opportunities to partner with the private sector and multilateral institutions, such as the World Bank and the Inter-American Development Bank, to promote universal access to reliable and affordable electricity in the Western Hemisphere.", "id": "id5ffa84a3-481e-40c8-b0c9-4eccf2e4f5c7", "header": "Promoting economic and commercial partnerships in the Western Hemisphere", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that the United States should enhance economic and commercial ties with democratic partners to promote prosperity in the Western Hemisphere by modernizing and strengthening trade capacity-building and trade facilitation initiatives, encouraging market-based economic reforms that enable inclusive economic growth, strengthening labor and environmental standards, addressing economic disparities of women, and encouraging transparency and adherence to the rule of law in investment dealings.", "id": "idd23de9b4-0a31-44a0-865c-1f417837a433", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) In general \nThe Secretary of State, in coordination with the United States Trade Representative, the Chief Executive Officer of the Development Finance Corporation, and the heads of other relevant Federal agencies, should support the improvement of economic conditions in the Western Hemisphere through collaborative efforts with democratic partners that— (1) facilitate a more open, transparent, and competitive environment for United States businesses and promote robust and comprehensive trade capacity-building and trade facilitation by— (A) reducing trade and nontariff barriers between the countries in the region, establishing a mechanism for pursuing Mutual Recognition Agreements and Formalized Regulatory Cooperation Agreements in priority sectors of the economy; (B) establishing a forum for discussing and evaluating technical and other assistance needs to help establish streamlined single window processes to facilitate movement of goods and common customs arrangements and procedures to lower costs of goods in transit and speed to destination; (C) building relationships and exchanges between relevant regulatory bodies in the United States and democratic partners in the Western Hemisphere to promote best practices and transparency in rulemaking, implementation, and enforcement, and provide training and assistance to help improve supply chain management in the Western Hemisphere; (D) establishing regional fora for identifying, raising, and addressing supply chain management issues, including infrastructure needs and strengthening of investment rules and regulatory frameworks; (E) establishing a dedicated program of trade missions and reverse trade missions to increase commercial contacts and ties between the United States and Western Hemisphere partner countries; and (F) strengthening labor and environmental standards in the region; (2) establish frameworks or mechanisms to review and address the long-term financial sustainability and national security implications of foreign investments in strategic sectors or services; (3) establish competitive and transparent infrastructure project selection and procurement processes that promote transparency, open competition, financial sustainability, and robust adherence to global standards and norms; and (4) advance robust and comprehensive energy production and integration, including through a more open, transparent, and competitive environment for United States companies competing in the Western Hemisphere, including by— (A) facilitating further development of integrated regional energy markets; (B) improving management of grids, including technical capability to ensure the functionality, safe and responsible management, and quality of service of electricity providers, carriers, and management and distribution systems; (C) facilitating private sector-led development of reliable and affordable power generation capacity; (D) establishing a process for surveying grid capacity and management focused on identifying electricity service efficiencies and establishing cooperative mechanisms for providing technical assistance for— (i) grid management, power pricing, and tariff issues; (ii) establishing and maintaining appropriate regulatory best practices; and (iii) proposals to establish regional power grids for the purpose of promoting the sale of excess supply to consumers across borders; (E) assessing the viability and effectiveness of decentralizing power production and transmission and building micro-grid power networks to improve, when feasible, access to electricity, particularly in rural and underserved communities where centralized power grid connections may not be feasible in the short to medium term; and (F) exploring opportunities to partner with the private sector and multilateral institutions, such as the World Bank and the Inter-American Development Bank, to promote universal access to reliable and affordable electricity in the Western Hemisphere.", "id": "id9e75b667-a022-431c-b466-b35de8f80e52", "header": "In general", "nested": [], "links": [] } ], "links": [] }, { "text": "1399FFFFF. Promoting transparency and democratic governance in the Western Hemisphere \n(a) Sense of Congress \nIt is the sense of Congress that the United States should support efforts to strengthen the capacity and legitimacy of democratic institutions and inclusive processes in the Western Hemisphere to promote a more transparent, democratic, and prosperous region. (b) In general \nThe Secretary of State, in coordination with the Administrator of the United States Agency for International Development and heads of other relevant Federal agencies, should support transparent, accountable, and democratic governance in the Western Hemisphere through collaborative efforts with democratic partners that— (1) strengthen the capacity of national electoral institutions to ensure free, fair, and transparent electoral processes, including through pre-election assessment missions, technical assistance, and independent local and international election monitoring and observation missions; (2) enhance the capabilities of democratically elected national legislatures, parliamentary bodies, and autonomous regulatory institutions to conduct oversight; (3) strengthen the capacity of subnational government institutions to govern in a transparent, accountable, and democratic manner, including through training and technical assistance; (4) combat corruption at local and national levels, including through trainings, cooperation agreements, initiatives aimed at dismantling corrupt networks, and political support for bilateral or multilateral anticorruption mechanisms that strengthen attorneys general and prosecutors’ offices; (5) strengthen the capacity of civil society to conduct oversight of government institutions, build the capacity of independent professional journalism, facilitate substantive dialogue with government and the private sector to generate issue-based policies, and mobilize local resources to carry out such activities; (6) promote the meaningful and significant participation of women in democratic processes, including in national and subnational government and civil society; and (7) support the creation of procedures for the Organization of American States (OAS) to create an annual forum for democratically elected national legislatures from OAS member States to discuss issues of hemispheric importance, as expressed in section 4 of the Organization of American States Legislative Engagement Act of 2020 ( Public Law 116–343 ).", "id": "id6d2a7e95-2bac-402f-8f78-b0c8d30fb26e", "header": "Promoting transparency and democratic governance in the Western Hemisphere", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that the United States should support efforts to strengthen the capacity and legitimacy of democratic institutions and inclusive processes in the Western Hemisphere to promote a more transparent, democratic, and prosperous region.", "id": "id1fa68dc4-87d8-4e8e-afe2-74fcc4bc4bec", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) In general \nThe Secretary of State, in coordination with the Administrator of the United States Agency for International Development and heads of other relevant Federal agencies, should support transparent, accountable, and democratic governance in the Western Hemisphere through collaborative efforts with democratic partners that— (1) strengthen the capacity of national electoral institutions to ensure free, fair, and transparent electoral processes, including through pre-election assessment missions, technical assistance, and independent local and international election monitoring and observation missions; (2) enhance the capabilities of democratically elected national legislatures, parliamentary bodies, and autonomous regulatory institutions to conduct oversight; (3) strengthen the capacity of subnational government institutions to govern in a transparent, accountable, and democratic manner, including through training and technical assistance; (4) combat corruption at local and national levels, including through trainings, cooperation agreements, initiatives aimed at dismantling corrupt networks, and political support for bilateral or multilateral anticorruption mechanisms that strengthen attorneys general and prosecutors’ offices; (5) strengthen the capacity of civil society to conduct oversight of government institutions, build the capacity of independent professional journalism, facilitate substantive dialogue with government and the private sector to generate issue-based policies, and mobilize local resources to carry out such activities; (6) promote the meaningful and significant participation of women in democratic processes, including in national and subnational government and civil society; and (7) support the creation of procedures for the Organization of American States (OAS) to create an annual forum for democratically elected national legislatures from OAS member States to discuss issues of hemispheric importance, as expressed in section 4 of the Organization of American States Legislative Engagement Act of 2020 ( Public Law 116–343 ).", "id": "idb981eed4-579d-42d1-87a1-4d721f2bacd7", "header": "In general", "nested": [], "links": [ { "text": "Public Law 116–343", "legal-doc": "public-law", "parsable-cite": "pl/116/343" } ] } ], "links": [ { "text": "Public Law 116–343", "legal-doc": "public-law", "parsable-cite": "pl/116/343" } ] }, { "text": "1399GGGGG. Investment, trade, and development in Africa and Latin America and the Caribbean \n(a) Strategy required \n(1) In general \nThe President shall establish a comprehensive United States strategy for public and private investment, trade, and development in Africa and Latin America and the Caribbean. (2) Focus of strategy \nThe strategy required by paragraph (1) shall focus on increasing exports of United States goods and services to Africa and Latin America and the Caribbean by 200 percent in real dollar value by the date that is 10 years after the date of the enactment of this Act. (3) Consultations \nIn developing the strategy required by paragraph (1), the President shall consult with— (A) Congress; (B) each agency that is a member of the Trade Promotion Coordinating Committee; (C) the relevant multilateral development banks, in coordination with the Secretary of the Treasury and the respective United States Executive Directors of such banks; (D) each agency that participates in the Trade Policy Staff Committee established; (E) the President’s Export Council; (F) each of the development agencies; (G) any other Federal agencies with responsibility for export promotion or financing and development; and (H) the private sector, including businesses, nongovernmental organizations, and African and Latin American and Caribbean diaspora groups. (4) Submission to appropriate congressional committees \n(A) Strategy \nNot later than 200 days after the date of the enactment of this Act, the President shall submit to Congress the strategy required by subsection (a). (B) Progress report \nNot later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by paragraph (1). (b) Special africa and latin america and the caribbean export strategy coordinators \nThe Secretary of Commerce shall designate an individual within the Department of Commerce to serve as Special Africa Export Strategy Coordinator and an individual within the Department of Commerce to serve as Special Latin America and the Caribbean Export Strategy Coordinator— (1) to oversee the development and implementation of the strategy required by subsection (a); (2) to coordinate developing and implementing the strategy with— (A) the Trade Promotion Coordinating Committee; (B) the Director General for the U.S. and Foreign Commercial Service and the Assistant Secretary for Global Markets; (C) the Assistant United States Trade Representative for African Affairs or the Assistant United States Trade Representative for the Western Hemisphere, as appropriate; (D) the Assistant Secretary of State for African Affairs or the Assistant Secretary of State for Western Hemisphere Affairs, as appropriate; (E) the Foreign Agricultural Service of the Department of Agriculture; (F) the Export-Import Bank of the United States; (G) the United States International Development Finance Corporation; and (H) the development agencies; and (3) considering and reflecting the impact of promotion of United States exports on the economy and employment opportunities of importing country, with a view to improving secure supply chains, avoiding economic disruptions, and stabilizing economic growth in a trade and export strategy. (c) Trade missions to Africa and Latin America and the Caribbean \nIt is the sense of Congress that, not later than one year after the date of the enactment of this Act, the Secretary of Commerce and other high-level officials of the United States Government with responsibility for export promotion, financing, and development should conduct joint trade missions to Africa and to Latin America and the Caribbean. (d) Training \nThe President shall develop a plan— (1) to standardize the training received by United States and Foreign Commercial Service officers, economic officers of the Department of State, and economic officers of the United States Agency for International Development with respect to the programs and procedures of the Export-Import Bank of the United States, the United States International Development Finance Corporation, the Small Business Administration, and the United States Trade and Development Agency; and (2) to ensure that, not later than one year after the date of the enactment of this Act— (A) all United States and Foreign Commercial Service officers that are stationed overseas receive the training described in paragraph (1); and (B) in the case of a country to which no United States and Foreign Commercial Service officer is assigned, any economic officer of the Department of State stationed in that country receives that training. (e) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Energy and Commerce of the House of Representatives. (2) Development agencies \nThe term development agencies means the United States Department of State, the United States Agency for International Development, the Millennium Challenge Corporation, the United States International Development Finance Corporation, the United States Trade and Development Agency, the United States Department of Agriculture, and relevant multilateral development banks. (3) Multilateral development banks \nThe term multilateral development banks has the meaning given that term in section 1701(c)(4) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(4) ) and includes the African Development Foundation. (4) Trade policy staff committee \nThe term Trade Policy Staff Committee means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations. (5) Trade promotion coordinating committee \nThe term Trade Promotion Coordinating Committee means the Trade Promotion Coordinating Committee established under section 2312 of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727 ). (6) United states and foreign commercial service \nThe term United States and Foreign Commercial Service means the United States and Foreign Commercial Service established by section 2301 of the Export Enhancement Act of 1988 ( 15 U.S.C. 4721 ).", "id": "idB1E63BDDF76B4D7A99278AA6045C2883", "header": "Investment, trade, and development in Africa and Latin America and the Caribbean", "nested": [ { "text": "(a) Strategy required \n(1) In general \nThe President shall establish a comprehensive United States strategy for public and private investment, trade, and development in Africa and Latin America and the Caribbean. (2) Focus of strategy \nThe strategy required by paragraph (1) shall focus on increasing exports of United States goods and services to Africa and Latin America and the Caribbean by 200 percent in real dollar value by the date that is 10 years after the date of the enactment of this Act. (3) Consultations \nIn developing the strategy required by paragraph (1), the President shall consult with— (A) Congress; (B) each agency that is a member of the Trade Promotion Coordinating Committee; (C) the relevant multilateral development banks, in coordination with the Secretary of the Treasury and the respective United States Executive Directors of such banks; (D) each agency that participates in the Trade Policy Staff Committee established; (E) the President’s Export Council; (F) each of the development agencies; (G) any other Federal agencies with responsibility for export promotion or financing and development; and (H) the private sector, including businesses, nongovernmental organizations, and African and Latin American and Caribbean diaspora groups. (4) Submission to appropriate congressional committees \n(A) Strategy \nNot later than 200 days after the date of the enactment of this Act, the President shall submit to Congress the strategy required by subsection (a). (B) Progress report \nNot later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by paragraph (1).", "id": "id1b3b23bbd04f4f8d9ccc9e1e63a5304f", "header": "Strategy required", "nested": [], "links": [] }, { "text": "(b) Special africa and latin america and the caribbean export strategy coordinators \nThe Secretary of Commerce shall designate an individual within the Department of Commerce to serve as Special Africa Export Strategy Coordinator and an individual within the Department of Commerce to serve as Special Latin America and the Caribbean Export Strategy Coordinator— (1) to oversee the development and implementation of the strategy required by subsection (a); (2) to coordinate developing and implementing the strategy with— (A) the Trade Promotion Coordinating Committee; (B) the Director General for the U.S. and Foreign Commercial Service and the Assistant Secretary for Global Markets; (C) the Assistant United States Trade Representative for African Affairs or the Assistant United States Trade Representative for the Western Hemisphere, as appropriate; (D) the Assistant Secretary of State for African Affairs or the Assistant Secretary of State for Western Hemisphere Affairs, as appropriate; (E) the Foreign Agricultural Service of the Department of Agriculture; (F) the Export-Import Bank of the United States; (G) the United States International Development Finance Corporation; and (H) the development agencies; and (3) considering and reflecting the impact of promotion of United States exports on the economy and employment opportunities of importing country, with a view to improving secure supply chains, avoiding economic disruptions, and stabilizing economic growth in a trade and export strategy.", "id": "id141c4ad902014f0daf05985f1d3a2cfc", "header": "Special africa and latin america and the caribbean export strategy coordinators", "nested": [], "links": [] }, { "text": "(c) Trade missions to Africa and Latin America and the Caribbean \nIt is the sense of Congress that, not later than one year after the date of the enactment of this Act, the Secretary of Commerce and other high-level officials of the United States Government with responsibility for export promotion, financing, and development should conduct joint trade missions to Africa and to Latin America and the Caribbean.", "id": "id36c89d6b3e2f41eaa22bfcbbe7dcf183", "header": "Trade missions to Africa and Latin America and the Caribbean", "nested": [], "links": [] }, { "text": "(d) Training \nThe President shall develop a plan— (1) to standardize the training received by United States and Foreign Commercial Service officers, economic officers of the Department of State, and economic officers of the United States Agency for International Development with respect to the programs and procedures of the Export-Import Bank of the United States, the United States International Development Finance Corporation, the Small Business Administration, and the United States Trade and Development Agency; and (2) to ensure that, not later than one year after the date of the enactment of this Act— (A) all United States and Foreign Commercial Service officers that are stationed overseas receive the training described in paragraph (1); and (B) in the case of a country to which no United States and Foreign Commercial Service officer is assigned, any economic officer of the Department of State stationed in that country receives that training.", "id": "id3bd9280fec7648d6ad4415708b2774dd", "header": "Training", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Energy and Commerce of the House of Representatives. (2) Development agencies \nThe term development agencies means the United States Department of State, the United States Agency for International Development, the Millennium Challenge Corporation, the United States International Development Finance Corporation, the United States Trade and Development Agency, the United States Department of Agriculture, and relevant multilateral development banks. (3) Multilateral development banks \nThe term multilateral development banks has the meaning given that term in section 1701(c)(4) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(4) ) and includes the African Development Foundation. (4) Trade policy staff committee \nThe term Trade Policy Staff Committee means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations. (5) Trade promotion coordinating committee \nThe term Trade Promotion Coordinating Committee means the Trade Promotion Coordinating Committee established under section 2312 of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727 ). (6) United states and foreign commercial service \nThe term United States and Foreign Commercial Service means the United States and Foreign Commercial Service established by section 2301 of the Export Enhancement Act of 1988 ( 15 U.S.C. 4721 ).", "id": "id29ABF117F87A4C4BAD1EED7F496D4EC7", "header": "Definitions", "nested": [], "links": [ { "text": "22 U.S.C. 262r(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/22/262r" }, { "text": "15 U.S.C. 4727", "legal-doc": "usc", "parsable-cite": "usc/15/4727" }, { "text": "15 U.S.C. 4721", "legal-doc": "usc", "parsable-cite": "usc/15/4721" } ] } ], "links": [ { "text": "22 U.S.C. 262r(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/22/262r" }, { "text": "15 U.S.C. 4727", "legal-doc": "usc", "parsable-cite": "usc/15/4727" }, { "text": "15 U.S.C. 4721", "legal-doc": "usc", "parsable-cite": "usc/15/4721" } ] }, { "text": "1399HHHHH. Sense of Congress on prioritizing nomination and confirmation of qualified ambassadors \nIt is the sense of Congress that it is critically important that both the President and the Senate play their respective roles to nominate and confirm qualified ambassadors as quickly as possible.", "id": "idaa486d10439c4f59935d6cbe8c735696", "header": "Sense of Congress on prioritizing nomination and confirmation of qualified ambassadors", "nested": [], "links": [] }, { "text": "1399IIIII. Western Hemisphere defined \nIn this subtitle, the term Western Hemisphere does not include Cuba, Nicaragua, or Venezuela.", "id": "idf988de86-423b-41a6-9996-f09c3b04bb95", "header": "Western Hemisphere defined", "nested": [], "links": [] }, { "text": "1399JJJJJ. Report on efforts to capture and detain united states citizens as hostages \n(a) In general \nNot later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on efforts by the Maduro regime of Venezuela to detain United States citizens and lawful permanent residents. (b) Elements \nThe report required by subsection (a) shall include, regarding the arrest, capture, detainment, and imprisonment of United States citizens and lawful permanent residents— (1) the names, positions, and institutional affiliation of Venezuelan individuals, or those acting on their behalf, who have engaged in such activities; (2) a description of any role played by transnational criminal organizations, and an identification of such organizations; and (3) where relevant, an assessment of whether and how United States citizens and lawful permanent residents have been lured to Venezuela. (c) Form \nThe report required under subsection (a) shall be submitted in unclassified form, but shall include a classified annex, which shall include a list of the total number of United States citizens and lawful permanent residents detained or imprisoned in Venezuela as of the date on which the report is submitted.", "id": "ide9d0e09aef4f4721bdf4026f89a66528", "header": "Report on efforts to capture and detain united states citizens as hostages", "nested": [ { "text": "(a) In general \nNot later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on efforts by the Maduro regime of Venezuela to detain United States citizens and lawful permanent residents.", "id": "id0ab02f2439c94e10bbb59e471fbc1aa1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall include, regarding the arrest, capture, detainment, and imprisonment of United States citizens and lawful permanent residents— (1) the names, positions, and institutional affiliation of Venezuelan individuals, or those acting on their behalf, who have engaged in such activities; (2) a description of any role played by transnational criminal organizations, and an identification of such organizations; and (3) where relevant, an assessment of whether and how United States citizens and lawful permanent residents have been lured to Venezuela.", "id": "id64315342aade4e5cbef6966e25930733", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Form \nThe report required under subsection (a) shall be submitted in unclassified form, but shall include a classified annex, which shall include a list of the total number of United States citizens and lawful permanent residents detained or imprisoned in Venezuela as of the date on which the report is submitted.", "id": "idb6ff31d9baf943159fb0b3ac217473f1", "header": "Form", "nested": [], "links": [] } ], "links": [] }, { "text": "1401. Cooperative Threat Reduction funds \n(a) Funding allocation \nOf the $350,999,000 authorized to be appropriated to the Department of Defense for fiscal year 2024 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act ( 50 U.S.C. 3711 ), the following amounts may be obligated for the purposes specified: (1) For strategic offensive arms elimination, $6,815,000. (2) For chemical weapons destruction, $16,400,000. (3) For global nuclear security, $19,406,000. (4) For cooperative biological engagement, $228,030,000. (5) For proliferation prevention, $46,324,000. (6) For activities designated as Other Assessments/Administrative Costs, $34,024,000. (b) Specification of cooperative threat reduction funds \nFunds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2024, 2025, and 2026.", "id": "id226ea4bcdc8247a596de797303d3776d", "header": "Cooperative Threat Reduction funds", "nested": [ { "text": "(a) Funding allocation \nOf the $350,999,000 authorized to be appropriated to the Department of Defense for fiscal year 2024 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act ( 50 U.S.C. 3711 ), the following amounts may be obligated for the purposes specified: (1) For strategic offensive arms elimination, $6,815,000. (2) For chemical weapons destruction, $16,400,000. (3) For global nuclear security, $19,406,000. (4) For cooperative biological engagement, $228,030,000. (5) For proliferation prevention, $46,324,000. (6) For activities designated as Other Assessments/Administrative Costs, $34,024,000.", "id": "idddf57f3de03d4a2aa83a2681c71cbbee", "header": "Funding allocation", "nested": [], "links": [ { "text": "50 U.S.C. 3711", "legal-doc": "usc", "parsable-cite": "usc/50/3711" } ] }, { "text": "(b) Specification of cooperative threat reduction funds \nFunds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2024, 2025, and 2026.", "id": "idc8d6724429614d0e9d8e49b0ad8887c4", "header": "Specification of cooperative threat reduction funds", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3711", "legal-doc": "usc", "parsable-cite": "usc/50/3711" } ] }, { "text": "1501. Working capital funds \nFunds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.", "id": "idC000C0CF5CCE494183CA8E496CB51756", "header": "Working capital funds", "nested": [], "links": [] }, { "text": "1502. Chemical Agents and Munitions Destruction, Defense \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2024 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501. (b) Use \nAmounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ); and (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.", "id": "IDd2d29dbd6d2240288451072b8c3465c9", "header": "Chemical Agents and Munitions Destruction, Defense", "nested": [ { "text": "(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2024 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.", "id": "id783f44000f3541c4929bdcf363679faf", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Use \nAmounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ); and (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.", "id": "id3d62a3d6a4ef486ebf423c110584ef0a", "header": "Use", "nested": [], "links": [ { "text": "50 U.S.C. 1521", "legal-doc": "usc", "parsable-cite": "usc/50/1521" } ] } ], "links": [ { "text": "50 U.S.C. 1521", "legal-doc": "usc", "parsable-cite": "usc/50/1521" } ] }, { "text": "1503. Drug Interdiction and Counter-Drug Activities, Defense-wide \nFunds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2024 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.", "id": "id869319480E1D400A8F7B6DE91446E04D", "header": "Drug Interdiction and Counter-Drug Activities, Defense-wide", "nested": [], "links": [] }, { "text": "1504. Defense Inspector General \nFunds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2024 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.", "id": "ideed8a8dc19d04a7e8ac6ba46e916fabc", "header": "Defense Inspector General", "nested": [], "links": [] }, { "text": "1505. Defense Health Program \nFunds are hereby authorized to be appropriated for fiscal year 2024 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501.", "id": "ID18a006fe573140d7a5a1baaaeba0b772", "header": "Defense Health Program", "nested": [], "links": [] }, { "text": "1511. Recovery of rare earth elements and other strategic and critical materials through end-of-life equipment recycling \nThe Secretary of Defense shall establish policies and procedures— (1) to identify end-of-life equipment of the Department of Defense that contains rare earth elements and other materials determined pursuant to section 3(a) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98b(a) ) to be strategic and critical materials; and (2) to identify, establish, and implement policies and procedures to recover such materials from such equipment for the purposes of reuse by the Department of Defense.", "id": "id00fedf6d905b4140978c0b346c0b729a", "header": "Recovery of rare earth elements and other strategic and critical materials through end-of-life equipment recycling", "nested": [], "links": [ { "text": "50 U.S.C. 98b(a)", "legal-doc": "usc", "parsable-cite": "usc/50/98b" } ] }, { "text": "1512. Improvements to Strategic and Critical Materials Stock Piling Act \n(a) Purposes \nSection 2 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98a ) is amended by adding at the end the following new subsection: (d) To the maximum extent practicable and to reduce the reliance of the National Defense Stockpile program on appropriated funds, the National Defense Stockpile Manager shall seek to achieve positive cash flows from the recovery of strategic and critical materials pursuant to section 6(a)(5).. (b) Stockpile management \nSection 6 of such Act ( 50 U.S.C. 98e ) is amended— (1) in subsection (a)(5), by striking from excess and all that follows and inserting from other Federal agencies, either directly as materials or embedded in excess-to-need, end-of-life items, or waste streams; ; (2) in subsection (c)(1), by striking subsection (a)(5) or (a)(6) and inserting subsection (a)(6) or (a)(7) ; (3) in subsection (d)(2), by striking subsection (a)(5) and inserting subsection (a)(6) ; and (4) by adding at the end the following new subsections: (g) (1) The National Defense Stockpile Manager shall establish a pilot program to use, to the maximum extent practicable, commercial best practices in the acquisition and disposal of strategic and critical materials for the stockpile. (2) (A) The Stockpile Manager shall brief the congressional defense committees (as defined in section 101(a) of title 10, United States Code)— (i) as soon as practicable after the establishment of the pilot program under paragraph (1); and (ii) annually thereafter until the termination of the pilot program under paragraph (3). (B) The briefing required by subparagraph (A)(i) shall address— (i) the commercial best practices selected for use under the pilot program; (ii) how the Stockpile Manager determined which commercial best practices to select; and (iii) the plan of the Stockpile Manager for using such practices. (C) Each briefing required by subparagraph (A)(ii) shall provide a summary of— (i) how the Stockpile Manager has used commercial best practices under the pilot program during the year preceding the briefing; (ii) how many times the Stockpile Manager has used such practices; (iii) the outcome of each use of such practices; and (iv) any savings achieved or lessons learned as a result of the use of such practices. (3) The pilot program established under paragraph (1) shall terminate effective on the date that is 5 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024. (h) Unless otherwise necessary for national defense, the National Defense Stockpile Manager shall implement recovery programs under subsection (a)(5) to be cash flow positive.. (c) Development and conservation of reliable sources \n(1) In general \nSection 15 of such Act ( 50 U.S.C. 98h–6 ) is amended to read as follows: 15. Development and conservation of reliable sources \n(a) Duties \nSubject to subsection (c), the National Defense Stockpile Manager shall encourage the development and appropriate conservation of reliable sources of strategic and critical materials— (1) by purchasing, or making a commitment to purchase, strategic and critical materials from reliable sources when such materials are needed for the stockpile; (2) by contracting with facilities located in and owned and controlled by reliable sources, or making a commitment to contract with such facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage or disposition or meeting stockpile requirements; (3) by qualifying facilities located in and owned and controlled by reliable sources, or qualifying strategic and critical materials produced by such facilities, to meet stockpile requirements; (4) by contracting with facilities located in and owned and controlled by reliable sources to recycle strategic and critical materials to meet stockpile requirements or increase the balance of the National Defense Stockpile Transaction Fund under section 9; and (5) by entering into an agreement to co-fund a bankable feasibility study for a project for the development of strategic and critical materials located in and owned and controlled by a reliable source, if the agreement— (A) limits the liability of the stockpile to not more than the total funding provided by the Federal Government; (B) limits the funding contribution of the Federal Government to not more than 50 percent of the cost of the bankable feasibility study; and (C) does not obligate the Federal Government to purchase strategic and critical materials from the reliable source. (b) Additional authorities \n(1) Extended contracting authority \n(A) In general \nThe term of a contract or commitment made under subsection (a) may not exceed ten years. (B) Preexisting contracts \nA contract entered into before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 for a term of more than ten years may be extended, on or after such date of enactment, for a total of not more than an additional ten years pursuant to any option or options set forth in the contract. (2) Matters relating to co-funding of bankable feasibility studies \nTo the extent authorized by Congress pursuant to the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) and determined to be required by the President pursuant to that Act, the National Defense Stockpile Manager may provide for loans or procure debt issued by other entities to carry out a project for the development of strategic and critical materials under subsection (a)(5). (c) Proposed transactions included in annual materials plan \nDescriptions of proposed transactions under subsection (a) shall be included in the Annual Materials and Operations Plan. Changes to any such transaction, or the addition of a transaction not included in such plan, shall be made in accordance with section 5. (d) Availability of funds \nThe authority of the National Defense Stockpile Manager to enter into obligations under this section is effective for any fiscal year only to the extent that funds in the National Defense Stockpile Transaction Fund under section 9 are adequate to meet such obligations. (e) Bankable feasibility study defined \nIn this section, the term bankable feasibility study means a comprehensive technical and economic study— (1) of the selected development option for a strategic and critical materials project that includes appropriately detailed assessments of realistically assumed extraction, processing, metallurgical, economic, marketing, legal, environmental, social, and governmental considerations and any other relevant operational factors and detailed financial analysis, that are necessary to demonstrate at the time of reporting that production is reasonably justified; and (2) that may reasonably serve as the basis for a final decision by a proponent of a project or financial institution to proceed with, or finance, the development of the project.. (2) Conforming amendments \n(A) Materials research and development \nSection 8(a) of such Act ( 50 U.S.C. 98g(a) ) is amended— (i) in paragraph (1)(A), by striking or in its territories or possessions, and inserting its territories or possessions, or in a reliable source ; and (ii) in paragraph (2), by striking in order to— and all that follows through mineral products. and inserting the following: in order to develop new sources of strategic and critical materials, develop substitutes, or conserve domestic sources and reliable sources of supply for such strategic and critical materials.. (B) Definitions \nSection 12 of such Act ( 50 U.S.C. 98h–3 ) is amended by striking paragraph (3) and inserting the following new paragraph (3): (i) The term reliable source mean a citizen or business entity of— (I) the United States or any territory or possession of the United States; (II) a country of the national technology and industrial base, as defined in section 4801 of title 10, United States Code; or (III) a qualifying country, as defined in section 225.003 of the Defense Federal Acquisition Regulation Supplement.. (d) Technical amendment \nSubsection (e) of section 10 of such Act ( 50 U.S.C. 98h–1 ) is amended to read as follows: (e) Application of provisions relating to Federal advisory committees \nSection 1013 of title 5, United States Code, shall not apply to the Board..", "id": "ida324a4fbf93a4f0488ab14dbb9d12a7a", "header": "Improvements to Strategic and Critical Materials Stock Piling Act", "nested": [ { "text": "(a) Purposes \nSection 2 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98a ) is amended by adding at the end the following new subsection: (d) To the maximum extent practicable and to reduce the reliance of the National Defense Stockpile program on appropriated funds, the National Defense Stockpile Manager shall seek to achieve positive cash flows from the recovery of strategic and critical materials pursuant to section 6(a)(5)..", "id": "id700b2b23071b4a5c871718010cd2b650", "header": "Purposes", "nested": [], "links": [ { "text": "50 U.S.C. 98a", "legal-doc": "usc", "parsable-cite": "usc/50/98a" } ] }, { "text": "(b) Stockpile management \nSection 6 of such Act ( 50 U.S.C. 98e ) is amended— (1) in subsection (a)(5), by striking from excess and all that follows and inserting from other Federal agencies, either directly as materials or embedded in excess-to-need, end-of-life items, or waste streams; ; (2) in subsection (c)(1), by striking subsection (a)(5) or (a)(6) and inserting subsection (a)(6) or (a)(7) ; (3) in subsection (d)(2), by striking subsection (a)(5) and inserting subsection (a)(6) ; and (4) by adding at the end the following new subsections: (g) (1) The National Defense Stockpile Manager shall establish a pilot program to use, to the maximum extent practicable, commercial best practices in the acquisition and disposal of strategic and critical materials for the stockpile. (2) (A) The Stockpile Manager shall brief the congressional defense committees (as defined in section 101(a) of title 10, United States Code)— (i) as soon as practicable after the establishment of the pilot program under paragraph (1); and (ii) annually thereafter until the termination of the pilot program under paragraph (3). (B) The briefing required by subparagraph (A)(i) shall address— (i) the commercial best practices selected for use under the pilot program; (ii) how the Stockpile Manager determined which commercial best practices to select; and (iii) the plan of the Stockpile Manager for using such practices. (C) Each briefing required by subparagraph (A)(ii) shall provide a summary of— (i) how the Stockpile Manager has used commercial best practices under the pilot program during the year preceding the briefing; (ii) how many times the Stockpile Manager has used such practices; (iii) the outcome of each use of such practices; and (iv) any savings achieved or lessons learned as a result of the use of such practices. (3) The pilot program established under paragraph (1) shall terminate effective on the date that is 5 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024. (h) Unless otherwise necessary for national defense, the National Defense Stockpile Manager shall implement recovery programs under subsection (a)(5) to be cash flow positive..", "id": "id299054a60bec475bb18c171e77fda3ff", "header": "Stockpile management", "nested": [], "links": [ { "text": "50 U.S.C. 98e", "legal-doc": "usc", "parsable-cite": "usc/50/98e" } ] }, { "text": "(c) Development and conservation of reliable sources \n(1) In general \nSection 15 of such Act ( 50 U.S.C. 98h–6 ) is amended to read as follows: 15. Development and conservation of reliable sources \n(a) Duties \nSubject to subsection (c), the National Defense Stockpile Manager shall encourage the development and appropriate conservation of reliable sources of strategic and critical materials— (1) by purchasing, or making a commitment to purchase, strategic and critical materials from reliable sources when such materials are needed for the stockpile; (2) by contracting with facilities located in and owned and controlled by reliable sources, or making a commitment to contract with such facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage or disposition or meeting stockpile requirements; (3) by qualifying facilities located in and owned and controlled by reliable sources, or qualifying strategic and critical materials produced by such facilities, to meet stockpile requirements; (4) by contracting with facilities located in and owned and controlled by reliable sources to recycle strategic and critical materials to meet stockpile requirements or increase the balance of the National Defense Stockpile Transaction Fund under section 9; and (5) by entering into an agreement to co-fund a bankable feasibility study for a project for the development of strategic and critical materials located in and owned and controlled by a reliable source, if the agreement— (A) limits the liability of the stockpile to not more than the total funding provided by the Federal Government; (B) limits the funding contribution of the Federal Government to not more than 50 percent of the cost of the bankable feasibility study; and (C) does not obligate the Federal Government to purchase strategic and critical materials from the reliable source. (b) Additional authorities \n(1) Extended contracting authority \n(A) In general \nThe term of a contract or commitment made under subsection (a) may not exceed ten years. (B) Preexisting contracts \nA contract entered into before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 for a term of more than ten years may be extended, on or after such date of enactment, for a total of not more than an additional ten years pursuant to any option or options set forth in the contract. (2) Matters relating to co-funding of bankable feasibility studies \nTo the extent authorized by Congress pursuant to the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) and determined to be required by the President pursuant to that Act, the National Defense Stockpile Manager may provide for loans or procure debt issued by other entities to carry out a project for the development of strategic and critical materials under subsection (a)(5). (c) Proposed transactions included in annual materials plan \nDescriptions of proposed transactions under subsection (a) shall be included in the Annual Materials and Operations Plan. Changes to any such transaction, or the addition of a transaction not included in such plan, shall be made in accordance with section 5. (d) Availability of funds \nThe authority of the National Defense Stockpile Manager to enter into obligations under this section is effective for any fiscal year only to the extent that funds in the National Defense Stockpile Transaction Fund under section 9 are adequate to meet such obligations. (e) Bankable feasibility study defined \nIn this section, the term bankable feasibility study means a comprehensive technical and economic study— (1) of the selected development option for a strategic and critical materials project that includes appropriately detailed assessments of realistically assumed extraction, processing, metallurgical, economic, marketing, legal, environmental, social, and governmental considerations and any other relevant operational factors and detailed financial analysis, that are necessary to demonstrate at the time of reporting that production is reasonably justified; and (2) that may reasonably serve as the basis for a final decision by a proponent of a project or financial institution to proceed with, or finance, the development of the project.. (2) Conforming amendments \n(A) Materials research and development \nSection 8(a) of such Act ( 50 U.S.C. 98g(a) ) is amended— (i) in paragraph (1)(A), by striking or in its territories or possessions, and inserting its territories or possessions, or in a reliable source ; and (ii) in paragraph (2), by striking in order to— and all that follows through mineral products. and inserting the following: in order to develop new sources of strategic and critical materials, develop substitutes, or conserve domestic sources and reliable sources of supply for such strategic and critical materials.. (B) Definitions \nSection 12 of such Act ( 50 U.S.C. 98h–3 ) is amended by striking paragraph (3) and inserting the following new paragraph (3): (i) The term reliable source mean a citizen or business entity of— (I) the United States or any territory or possession of the United States; (II) a country of the national technology and industrial base, as defined in section 4801 of title 10, United States Code; or (III) a qualifying country, as defined in section 225.003 of the Defense Federal Acquisition Regulation Supplement..", "id": "id0efdfc1875e0457f91c4bee87640c92e", "header": "Development and conservation of reliable sources", "nested": [], "links": [ { "text": "50 U.S.C. 98h–6", "legal-doc": "usc", "parsable-cite": "usc/50/98h-6" }, { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" }, { "text": "50 U.S.C. 98g(a)", "legal-doc": "usc", "parsable-cite": "usc/50/98g" }, { "text": "50 U.S.C. 98h–3", "legal-doc": "usc", "parsable-cite": "usc/50/98h-3" } ] }, { "text": "(d) Technical amendment \nSubsection (e) of section 10 of such Act ( 50 U.S.C. 98h–1 ) is amended to read as follows: (e) Application of provisions relating to Federal advisory committees \nSection 1013 of title 5, United States Code, shall not apply to the Board..", "id": "id662a4da7fb964f4d8e28973f232956da", "header": "Technical amendment", "nested": [], "links": [ { "text": "50 U.S.C. 98h–1", "legal-doc": "usc", "parsable-cite": "usc/50/98h-1" } ] } ], "links": [ { "text": "50 U.S.C. 98a", "legal-doc": "usc", "parsable-cite": "usc/50/98a" }, { "text": "50 U.S.C. 98e", "legal-doc": "usc", "parsable-cite": "usc/50/98e" }, { "text": "50 U.S.C. 98h–6", "legal-doc": "usc", "parsable-cite": "usc/50/98h-6" }, { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" }, { "text": "50 U.S.C. 98g(a)", "legal-doc": "usc", "parsable-cite": "usc/50/98g" }, { "text": "50 U.S.C. 98h–3", "legal-doc": "usc", "parsable-cite": "usc/50/98h-3" }, { "text": "50 U.S.C. 98h–1", "legal-doc": "usc", "parsable-cite": "usc/50/98h-1" } ] }, { "text": "15. Development and conservation of reliable sources \n(a) Duties \nSubject to subsection (c), the National Defense Stockpile Manager shall encourage the development and appropriate conservation of reliable sources of strategic and critical materials— (1) by purchasing, or making a commitment to purchase, strategic and critical materials from reliable sources when such materials are needed for the stockpile; (2) by contracting with facilities located in and owned and controlled by reliable sources, or making a commitment to contract with such facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage or disposition or meeting stockpile requirements; (3) by qualifying facilities located in and owned and controlled by reliable sources, or qualifying strategic and critical materials produced by such facilities, to meet stockpile requirements; (4) by contracting with facilities located in and owned and controlled by reliable sources to recycle strategic and critical materials to meet stockpile requirements or increase the balance of the National Defense Stockpile Transaction Fund under section 9; and (5) by entering into an agreement to co-fund a bankable feasibility study for a project for the development of strategic and critical materials located in and owned and controlled by a reliable source, if the agreement— (A) limits the liability of the stockpile to not more than the total funding provided by the Federal Government; (B) limits the funding contribution of the Federal Government to not more than 50 percent of the cost of the bankable feasibility study; and (C) does not obligate the Federal Government to purchase strategic and critical materials from the reliable source. (b) Additional authorities \n(1) Extended contracting authority \n(A) In general \nThe term of a contract or commitment made under subsection (a) may not exceed ten years. (B) Preexisting contracts \nA contract entered into before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 for a term of more than ten years may be extended, on or after such date of enactment, for a total of not more than an additional ten years pursuant to any option or options set forth in the contract. (2) Matters relating to co-funding of bankable feasibility studies \nTo the extent authorized by Congress pursuant to the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) and determined to be required by the President pursuant to that Act, the National Defense Stockpile Manager may provide for loans or procure debt issued by other entities to carry out a project for the development of strategic and critical materials under subsection (a)(5). (c) Proposed transactions included in annual materials plan \nDescriptions of proposed transactions under subsection (a) shall be included in the Annual Materials and Operations Plan. Changes to any such transaction, or the addition of a transaction not included in such plan, shall be made in accordance with section 5. (d) Availability of funds \nThe authority of the National Defense Stockpile Manager to enter into obligations under this section is effective for any fiscal year only to the extent that funds in the National Defense Stockpile Transaction Fund under section 9 are adequate to meet such obligations. (e) Bankable feasibility study defined \nIn this section, the term bankable feasibility study means a comprehensive technical and economic study— (1) of the selected development option for a strategic and critical materials project that includes appropriately detailed assessments of realistically assumed extraction, processing, metallurgical, economic, marketing, legal, environmental, social, and governmental considerations and any other relevant operational factors and detailed financial analysis, that are necessary to demonstrate at the time of reporting that production is reasonably justified; and (2) that may reasonably serve as the basis for a final decision by a proponent of a project or financial institution to proceed with, or finance, the development of the project.", "id": "idB3BC81B6459344318A0586BDACD04FF9", "header": "Development and conservation of reliable sources", "nested": [ { "text": "(a) Duties \nSubject to subsection (c), the National Defense Stockpile Manager shall encourage the development and appropriate conservation of reliable sources of strategic and critical materials— (1) by purchasing, or making a commitment to purchase, strategic and critical materials from reliable sources when such materials are needed for the stockpile; (2) by contracting with facilities located in and owned and controlled by reliable sources, or making a commitment to contract with such facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage or disposition or meeting stockpile requirements; (3) by qualifying facilities located in and owned and controlled by reliable sources, or qualifying strategic and critical materials produced by such facilities, to meet stockpile requirements; (4) by contracting with facilities located in and owned and controlled by reliable sources to recycle strategic and critical materials to meet stockpile requirements or increase the balance of the National Defense Stockpile Transaction Fund under section 9; and (5) by entering into an agreement to co-fund a bankable feasibility study for a project for the development of strategic and critical materials located in and owned and controlled by a reliable source, if the agreement— (A) limits the liability of the stockpile to not more than the total funding provided by the Federal Government; (B) limits the funding contribution of the Federal Government to not more than 50 percent of the cost of the bankable feasibility study; and (C) does not obligate the Federal Government to purchase strategic and critical materials from the reliable source.", "id": "id65FC673067504709BD3ED6DBC8286741", "header": "Duties", "nested": [], "links": [] }, { "text": "(b) Additional authorities \n(1) Extended contracting authority \n(A) In general \nThe term of a contract or commitment made under subsection (a) may not exceed ten years. (B) Preexisting contracts \nA contract entered into before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 for a term of more than ten years may be extended, on or after such date of enactment, for a total of not more than an additional ten years pursuant to any option or options set forth in the contract. (2) Matters relating to co-funding of bankable feasibility studies \nTo the extent authorized by Congress pursuant to the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) and determined to be required by the President pursuant to that Act, the National Defense Stockpile Manager may provide for loans or procure debt issued by other entities to carry out a project for the development of strategic and critical materials under subsection (a)(5).", "id": "id6e240179bbc94758876dd2ff95ba6fa2", "header": "Additional authorities", "nested": [], "links": [ { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" } ] }, { "text": "(c) Proposed transactions included in annual materials plan \nDescriptions of proposed transactions under subsection (a) shall be included in the Annual Materials and Operations Plan. Changes to any such transaction, or the addition of a transaction not included in such plan, shall be made in accordance with section 5.", "id": "id62d5b6dc499344cf9c8f7f8a7441d3e2", "header": "Proposed transactions included in annual materials plan", "nested": [], "links": [] }, { "text": "(d) Availability of funds \nThe authority of the National Defense Stockpile Manager to enter into obligations under this section is effective for any fiscal year only to the extent that funds in the National Defense Stockpile Transaction Fund under section 9 are adequate to meet such obligations.", "id": "id2e1e94328403497994aaad31016b17df", "header": "Availability of funds", "nested": [], "links": [] }, { "text": "(e) Bankable feasibility study defined \nIn this section, the term bankable feasibility study means a comprehensive technical and economic study— (1) of the selected development option for a strategic and critical materials project that includes appropriately detailed assessments of realistically assumed extraction, processing, metallurgical, economic, marketing, legal, environmental, social, and governmental considerations and any other relevant operational factors and detailed financial analysis, that are necessary to demonstrate at the time of reporting that production is reasonably justified; and (2) that may reasonably serve as the basis for a final decision by a proponent of a project or financial institution to proceed with, or finance, the development of the project.", "id": "idd1975f7ed7b6438598a24c795c9d5542", "header": "Bankable feasibility study defined", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" } ] }, { "text": "1513. Authority to dispose of materials from the National Defense Stockpile \nPursuant to section 5(b) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98d(b) ), the National Defense Stockpile Manager may dispose of the following materials contained in the National Defense Stockpile in the following quantities: (1) 8 short tons of beryllium. (2) 154,043 short dry tons of metallurgical grade manganese ore. (3) 5,000 kilograms of germanium. (4) 91,413 pounds of pan-based carbon fibers. (5) Not more than 1,000 short tons of materials transferred from another department or agency of the United States to the National Defense Stockpile under section 4(b) of such Act ( 50 U.S.C. 98c(b) ) that the National Defense Stockpile Manager determines is no longer required for the Stockpile (in addition to any amount of such materials previously authorized for disposal).", "id": "id3dece41417b1495eaec6015a9e0d3a4c", "header": "Authority to dispose of materials from the National Defense Stockpile", "nested": [], "links": [ { "text": "50 U.S.C. 98d(b)", "legal-doc": "usc", "parsable-cite": "usc/50/98d" }, { "text": "50 U.S.C. 98c(b)", "legal-doc": "usc", "parsable-cite": "usc/50/98c" } ] }, { "text": "1514. Beginning balances of the National Defense Stockpile Transaction Fund for audit purposes \nFor purposes of an audit conducted under chapter 9A of title 10, United States Code, of the National Defense Stockpile Transaction Fund established by section 9 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h )— (1) the ending balance of $313,633,491.15 reported in the Central Accounting Reporting System of the Department of the Treasury for September 30, 2021, is the Fund Balance with Treasury ending balance on that date; (2) the Total Actual Resources–Collected opening balance for October 1, 2021, for United States Standard General Ledger Account 420100 is $314,548,154.42, as recorded in official accounting records; and (3) the Unapportioned–Unexpired Authority ending balance for September 30, 2021, for United States Standard General Ledger Account 445000 is $216,976,300.69, as recorded in official accounting records.", "id": "id81fabee737d94a43bfc612e34d86ea9c", "header": "Beginning balances of the National Defense Stockpile Transaction Fund for audit purposes", "nested": [], "links": [ { "text": "chapter 9A", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/9A" }, { "text": "50 U.S.C. 98h", "legal-doc": "usc", "parsable-cite": "usc/50/98h" } ] }, { "text": "1521. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois \n(a) Authority for transfer of funds \nOf the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $172,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2571). (b) Treatment of transferred funds \nFor purposes of subsection (a)(2) of such section 1704, any funds transferred under subsection (a) shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer. (c) Use of transferred funds \nFor purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500).", "id": "id557F0AC133F14D4B97E738A871DB7578", "header": "Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois", "nested": [ { "text": "(a) Authority for transfer of funds \nOf the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $172,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2571).", "id": "idc84d2ace0af543f5b367fe8ac0b74d62", "header": "Authority for transfer of funds", "nested": [], "links": [ { "text": "Public Law 111–84", "legal-doc": "public-law", "parsable-cite": "pl/111/84" } ] }, { "text": "(b) Treatment of transferred funds \nFor purposes of subsection (a)(2) of such section 1704, any funds transferred under subsection (a) shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.", "id": "id9F56B7C7C02643C1940B7EF578F48392", "header": "Treatment of transferred funds", "nested": [], "links": [] }, { "text": "(c) Use of transferred funds \nFor purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500).", "id": "idc9699749c5094688970fb139e913adea", "header": "Use of transferred funds", "nested": [], "links": [ { "text": "Public Law 110–417", "legal-doc": "public-law", "parsable-cite": "pl/110/417" } ] } ], "links": [ { "text": "Public Law 111–84", "legal-doc": "public-law", "parsable-cite": "pl/111/84" }, { "text": "Public Law 110–417", "legal-doc": "public-law", "parsable-cite": "pl/110/417" } ] }, { "text": "1522. Authorization of appropriations for Armed Forces Retirement Home \nThere is hereby authorized to be appropriated for fiscal year 2024 from the Armed Forces Retirement Home Trust Fund the sum of $77,000,000 for the operation of the Armed Forces Retirement Home.", "id": "id896B9D71F44040F0ACDD393EAD3AE395", "header": "Authorization of appropriations for Armed Forces Retirement Home", "nested": [], "links": [] }, { "text": "1523. Modification of leasing authority of Armed Forces Retirement Home \n(a) Agreements; approval and notification \nSection 1511(i) of the Armed Forces Retirement Home Act of 1991 ( 24 U.S.C. 411(i) ) is amended by adding at the end the following new paragraphs: (9) Before entering into a lease described in this subsection, the Chief Operating Officer may enter into an agreement with a potential lessee providing for a period of exclusivity, access, study, or for similar purposes. The agreement shall provide for the payment (in cash or in kind) by the potential lessee of consideration for the agreement unless the Chief Operating Officer determines that payment of consideration will not promote the purpose and financial stability of the Retirement Home or be in the public interest. (10) No further approval by the Secretary of Defense, nor notification or report to Congress, shall be required for subordinate leases under this subsection unless the facts or terms of the original lease have materially changed.. (b) Administration of funds \nSection 1511(i)(7) of the Armed Forces Retirement Home Act of 1991 ( 24 U.S.C. 411(i) ) is amended— (1) by inserting an agreement with a potential lessee or after The proceeds from ; and (2) by striking the period at the end and inserting , to remain available for obligation and expenditure to finance expenses of the Retirement Home related to the formation and administration of agreements and leases entered into under the provisions of this subsection..", "id": "ID7147126d62c342b79b18afab9765c27c", "header": "Modification of leasing authority of Armed Forces Retirement Home", "nested": [ { "text": "(a) Agreements; approval and notification \nSection 1511(i) of the Armed Forces Retirement Home Act of 1991 ( 24 U.S.C. 411(i) ) is amended by adding at the end the following new paragraphs: (9) Before entering into a lease described in this subsection, the Chief Operating Officer may enter into an agreement with a potential lessee providing for a period of exclusivity, access, study, or for similar purposes. The agreement shall provide for the payment (in cash or in kind) by the potential lessee of consideration for the agreement unless the Chief Operating Officer determines that payment of consideration will not promote the purpose and financial stability of the Retirement Home or be in the public interest. (10) No further approval by the Secretary of Defense, nor notification or report to Congress, shall be required for subordinate leases under this subsection unless the facts or terms of the original lease have materially changed..", "id": "id823d8bd63ae34514883235cf2c74d03f", "header": "Agreements; approval and notification", "nested": [], "links": [ { "text": "24 U.S.C. 411(i)", "legal-doc": "usc", "parsable-cite": "usc/24/411" } ] }, { "text": "(b) Administration of funds \nSection 1511(i)(7) of the Armed Forces Retirement Home Act of 1991 ( 24 U.S.C. 411(i) ) is amended— (1) by inserting an agreement with a potential lessee or after The proceeds from ; and (2) by striking the period at the end and inserting , to remain available for obligation and expenditure to finance expenses of the Retirement Home related to the formation and administration of agreements and leases entered into under the provisions of this subsection..", "id": "id9fd966ee69a146258a00c68e45ee2e37", "header": "Administration of funds", "nested": [], "links": [ { "text": "24 U.S.C. 411(i)", "legal-doc": "usc", "parsable-cite": "usc/24/411" } ] } ], "links": [ { "text": "24 U.S.C. 411(i)", "legal-doc": "usc", "parsable-cite": "usc/24/411" }, { "text": "24 U.S.C. 411(i)", "legal-doc": "usc", "parsable-cite": "usc/24/411" } ] }, { "text": "1601. Acquisition strategy for Phase 3 of the National Security Space Launch program \n(a) Fiscal years 2025 through 2029 \nWith respect to the acquisition strategy for Phase 3 of the National Security Space Launch program, for fiscal years 2025 through 2029, the Secretary of Defense shall establish— (1) a low-risk launch program, to be known as Lane One , that consists of an indefinite delivery indefinite quantity acquisition approach based on not fewer than 20 launches so as to encourage the capabilities of new entrants that have conducted not fewer than one previous launch; and (2) a launch program, similar to the Phase Two National Security Assured Access Launch program, to be known as Lane Two , that meets all National Security Space Launch requirements, with full mission assurance, based on not fewer than 35 launches. (b) Fiscal years 2027 through 2029 \nWith respect to the acquisition strategy for Phase 3 of the National Security Space Launch program, for fiscal years 2027 through 2029, the Secretary of Defense shall establish an accession launch program, to be known as Lane Two A , using the requirements of the program established under subsection (a)(2) based on five launches of GPS Block IIIF satellites or satellites the launches of which are complex, high-energy missions.", "id": "ID204c95c5ef7549b6bc592c7f3c07d2df", "header": "Acquisition strategy for Phase 3 of the National Security Space Launch program", "nested": [ { "text": "(a) Fiscal years 2025 through 2029 \nWith respect to the acquisition strategy for Phase 3 of the National Security Space Launch program, for fiscal years 2025 through 2029, the Secretary of Defense shall establish— (1) a low-risk launch program, to be known as Lane One , that consists of an indefinite delivery indefinite quantity acquisition approach based on not fewer than 20 launches so as to encourage the capabilities of new entrants that have conducted not fewer than one previous launch; and (2) a launch program, similar to the Phase Two National Security Assured Access Launch program, to be known as Lane Two , that meets all National Security Space Launch requirements, with full mission assurance, based on not fewer than 35 launches.", "id": "id3ff3160d2f8b4dc0bbc1a1aed318ae41", "header": "Fiscal years 2025 through 2029", "nested": [], "links": [] }, { "text": "(b) Fiscal years 2027 through 2029 \nWith respect to the acquisition strategy for Phase 3 of the National Security Space Launch program, for fiscal years 2027 through 2029, the Secretary of Defense shall establish an accession launch program, to be known as Lane Two A , using the requirements of the program established under subsection (a)(2) based on five launches of GPS Block IIIF satellites or satellites the launches of which are complex, high-energy missions.", "id": "id788f76d81d52450ca6c16f576a4f53ec", "header": "Fiscal years 2027 through 2029", "nested": [], "links": [] } ], "links": [] }, { "text": "1602. Initial operating capability for Advanced Tracking and Launch Analysis System and system-level review \n(a) Advanced tracking and launch analysis system \n(1) Date for initial operating capability \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall— (A) designate a date for the delivery of the initial operating capability for the Advanced Tracking and Launch Analysis System (ATLAS); and (B) notify the congressional defense committees of such date. (2) Effect of failure to timely deliver \nIf the initial operating capability for ATLAS is not achieved by the date designated under paragraph (1)(A), the Secretary shall— (A) terminate the ATLAS program; (B) designate an alternative program option that provides a comparable capability to the capability intended to be provided by ATLAS; and (C) not later than 30 days after such date, notify the congressional defense committees with respect to— (i) such termination; (ii) the designated alternative program option; (iii) the justification for selecting such option; and (iv) the estimated time and total costs to completion of such option. (b) System-level review \n(1) In general \nThe Secretary shall enter into a contract with a federally funded research and development center under which the federally funded research and development center shall, not less frequently than every 2 years through 2032, conduct a review of the space command and control software acquisition program to assess the ability of such program to build a software framework that integrates multiple aspects of space operations to enable the warfighter to command and control space assets in a time of conflict. (2) Elements \nEach review under paragraph (1) shall consider the integration into such software framework of the following: (A) Sensor data applicable to the command and control of space assets. (B) Information contained in the Unified Data Library relating to the number and location of space objects. (C) The ability to control space assets based on such data and information. (D) Any other matter the Secretary considers necessary. (3) Briefing \nThe Secretary shall provide the congressional defense committees with a briefing on the findings of each review under paragraph (1), including— (A) an assessment of any deficiency identified in the review; and (B) a plan to address such deficiency in a timely manner.", "id": "idF8C75585F75F48618867454AC2A65718", "header": "Initial operating capability for Advanced Tracking and Launch Analysis System and system-level review", "nested": [ { "text": "(a) Advanced tracking and launch analysis system \n(1) Date for initial operating capability \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall— (A) designate a date for the delivery of the initial operating capability for the Advanced Tracking and Launch Analysis System (ATLAS); and (B) notify the congressional defense committees of such date. (2) Effect of failure to timely deliver \nIf the initial operating capability for ATLAS is not achieved by the date designated under paragraph (1)(A), the Secretary shall— (A) terminate the ATLAS program; (B) designate an alternative program option that provides a comparable capability to the capability intended to be provided by ATLAS; and (C) not later than 30 days after such date, notify the congressional defense committees with respect to— (i) such termination; (ii) the designated alternative program option; (iii) the justification for selecting such option; and (iv) the estimated time and total costs to completion of such option.", "id": "id03fa84a7412f4e4baee62638272a6133", "header": "Advanced tracking and launch analysis system", "nested": [], "links": [] }, { "text": "(b) System-level review \n(1) In general \nThe Secretary shall enter into a contract with a federally funded research and development center under which the federally funded research and development center shall, not less frequently than every 2 years through 2032, conduct a review of the space command and control software acquisition program to assess the ability of such program to build a software framework that integrates multiple aspects of space operations to enable the warfighter to command and control space assets in a time of conflict. (2) Elements \nEach review under paragraph (1) shall consider the integration into such software framework of the following: (A) Sensor data applicable to the command and control of space assets. (B) Information contained in the Unified Data Library relating to the number and location of space objects. (C) The ability to control space assets based on such data and information. (D) Any other matter the Secretary considers necessary. (3) Briefing \nThe Secretary shall provide the congressional defense committees with a briefing on the findings of each review under paragraph (1), including— (A) an assessment of any deficiency identified in the review; and (B) a plan to address such deficiency in a timely manner.", "id": "idf36524a9adfe4aefa798709cdc2434d2", "header": "System-level review", "nested": [], "links": [] } ], "links": [] }, { "text": "1603. Department of the Air Force responsibility for space-based ground and airborne moving target indication \n(a) In general \nThe Department of the Air Force shall be responsible for— (1) serving as the final authority for the tasking of space-based ground and airborne moving target indication systems that— (A) are primarily or fully funded by the Department of Defense; and (B) provide near real-time, direct support to satisfy theater operations; and (2) presenting such capability to the combatant commands to accomplish the warfighting missions of the combatant commands under the Unified Command Plan. (b) Milestone development authority \nSubject to section 4204 of title 10, United States Code, the Secretary of the Air Force, in consultation with the Director of National Intelligence, shall be the Milestone A approval (as defined in section 4211 of such title) decision authority for space-related acquisition programs for ground and airborne moving target indication collection assets described in subsection (a) that are primarily or fully funded within the Military Intelligence Program.", "id": "id8844316BF5134FEBB9A31532366984A7", "header": "Department of the Air Force responsibility for space-based ground and airborne moving target indication", "nested": [ { "text": "(a) In general \nThe Department of the Air Force shall be responsible for— (1) serving as the final authority for the tasking of space-based ground and airborne moving target indication systems that— (A) are primarily or fully funded by the Department of Defense; and (B) provide near real-time, direct support to satisfy theater operations; and (2) presenting such capability to the combatant commands to accomplish the warfighting missions of the combatant commands under the Unified Command Plan.", "id": "id84c03fddc4634afba5db7e77f4dd6686", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Milestone development authority \nSubject to section 4204 of title 10, United States Code, the Secretary of the Air Force, in consultation with the Director of National Intelligence, shall be the Milestone A approval (as defined in section 4211 of such title) decision authority for space-related acquisition programs for ground and airborne moving target indication collection assets described in subsection (a) that are primarily or fully funded within the Military Intelligence Program.", "id": "id0d3832bdd66d455c8d7beddb2305802f", "header": "Milestone development authority", "nested": [], "links": [] } ], "links": [] }, { "text": "1604. Principal Military Deputy for Space Acquisition and Integration \nSection 9016(b)(6) of title 10, United States Code, is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following new subparagraph (B): (B) The Assistant Secretary of the Air Force for Space Acquisition and Integration shall have a Principle Military Deputy for Space Acquisition and Integration, who shall be an officer of the Space Force on active duty. The Principal Military Deputy for Space Acquisition and Integration shall be appointed from among officers who have significant experience in the areas of acquisition and program management. The position of Principal Military Deputy for Space Acquisition and Integration shall be designated as a critical acquisition position under section 1731 of this title. In the event of a vacancy in the position of Assistant Secretary of the Air Force for Space Acquisition and Integration, the Principal Military Deputy for Space Acquisition and Integration may serve as Acting Assistant Secretary for Space Acquisition and Integration for a period of not more than one year..", "id": "id7CC9608A9CAA456B9A3DCF1AEE4BD0B5", "header": "Principal Military Deputy for Space Acquisition and Integration", "nested": [], "links": [] }, { "text": "1605. Use of middle tier acquisition authority for Space Development Agency acquisition program \n(a) In general \nThe Director of the Space Development Agency shall use the middle tier of acquisition authority, consistent with section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 3201 note prec.) and Department of Defense Instruction 5000.80, entitled Operation of the Middle Tier of Acquisition (MTA) and issued on December 30, 2019 (or a successor instruction), for the rapid fielding of satellites and associated systems for Tranche 1, Tranche 2, and Tranche 3 of the proliferated warfighter space architecture of the Space Development Agency. (b) Rapid prototyping and fielding \nAny tranche of satellites or associated systems developed and fielded under subsection (a) shall have a level of maturity that allows such satellites or systems to be rapidly prototyped within an acquisition program or rapidly fielded within five years of the development of an approved requirement. (c) Designation as major capability acquisition \n(1) In general \nThe Under Secretary of Defense for Acquisition and Sustainment may designate a tranche described in subsection (a) as a major capability acquisition program, consistent with Department of Defense Instruction 5000.80, entitled Operation of the Middle Tier of Acquisition (MTA) and issued on December 30, 2019 (or a successor instruction). (2) Notice to Congress \nNot later than 90 days before the date on which a designation under paragraph (1) is made, the Under Secretary of Defense for Acquisition and Sustainment shall notify the congressional defense committees of the intent to so designate and provide a justification for such designation.", "id": "id1CC54A64BA7F4D65B2B029C4E12433C5", "header": "Use of middle tier acquisition authority for Space Development Agency acquisition program", "nested": [ { "text": "(a) In general \nThe Director of the Space Development Agency shall use the middle tier of acquisition authority, consistent with section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 3201 note prec.) and Department of Defense Instruction 5000.80, entitled Operation of the Middle Tier of Acquisition (MTA) and issued on December 30, 2019 (or a successor instruction), for the rapid fielding of satellites and associated systems for Tranche 1, Tranche 2, and Tranche 3 of the proliferated warfighter space architecture of the Space Development Agency.", "id": "id1e30859e77f64f65a74662fcf7a0c160", "header": "In general", "nested": [], "links": [ { "text": "Public Law 114–92", "legal-doc": "public-law", "parsable-cite": "pl/114/92" }, { "text": "10 U.S.C. 3201", "legal-doc": "usc", "parsable-cite": "usc/10/3201" } ] }, { "text": "(b) Rapid prototyping and fielding \nAny tranche of satellites or associated systems developed and fielded under subsection (a) shall have a level of maturity that allows such satellites or systems to be rapidly prototyped within an acquisition program or rapidly fielded within five years of the development of an approved requirement.", "id": "ide2a3e8874c714e158ffaba0fbb3ec00b", "header": "Rapid prototyping and fielding", "nested": [], "links": [] }, { "text": "(c) Designation as major capability acquisition \n(1) In general \nThe Under Secretary of Defense for Acquisition and Sustainment may designate a tranche described in subsection (a) as a major capability acquisition program, consistent with Department of Defense Instruction 5000.80, entitled Operation of the Middle Tier of Acquisition (MTA) and issued on December 30, 2019 (or a successor instruction). (2) Notice to Congress \nNot later than 90 days before the date on which a designation under paragraph (1) is made, the Under Secretary of Defense for Acquisition and Sustainment shall notify the congressional defense committees of the intent to so designate and provide a justification for such designation.", "id": "id15de2a863bab42d29878654b66d80816", "header": "Designation as major capability acquisition", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 114–92", "legal-doc": "public-law", "parsable-cite": "pl/114/92" }, { "text": "10 U.S.C. 3201", "legal-doc": "usc", "parsable-cite": "usc/10/3201" } ] }, { "text": "1606. Special authority for provision of commercial space launch support services \n(a) In general \nChapter 135 of title 10, United States Code, is amended by inserting after section 2276 the following new section: 2276a. Special authority for provision of commercial space launch support services \n(a) In general \nThe Secretary of a military department, pursuant to the authority provided by this section and any other provision of law, may support Federal and commercial space launch capacity on any domestic real property under the control of the Secretary through the provision of space launch support services. (b) Provision of launch equipment and services to commercial entities \n(1) Agreement authority \n(A) In general \nThe Secretary concerned may enter into a contract, or conduct any other transaction, with a commercial entity that intends to conduct space launch activities on a military installation under the jurisdiction of the Secretary, including a contract or other transaction for the provision of supplies, services, equipment, and construction needed for commercial space launch. (B) Nondelegation \nThe Secretary may not delegate the authority provided in subparagraph (A). (2) Agreement costs \n(A) Direct costs \nA contract entered into, or a transaction conducted, under paragraph (1) shall include a provision that requires the commercial entity entering into the contract or conducting the transaction to reimburse the Department of Defense for all direct costs to the United States that are associated with the goods, services, and equipment provided to the commercial entity under the contract or transaction. (B) Indirect costs \nA contract entered into, or a transaction conducted, under paragraph (1) may— (i) include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary concerned considers to be fair and reasonable; and (ii) provide for the recovery of indirect costs through establishment of a rate, fixed price, or similar mechanism the Secretary concerned considers to be fair and reasonable. (3) Retention of funds collected from commercial users \nAmounts collected from a commercial entity under paragraph (2) shall be credited to the appropriation accounts under which the costs associated with the contract (direct and indirect) were incurred. (4) Regulations \nThe Secretary shall promulgate regulations to carry out this subsection. (c) Definitions \nIn this section: (1) Space launch \nThe term space launch includes all activities, supplies, equipment, facilities, and services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for the payload and the space transportation vehicle. (2) Commercial entity; commercial \nThe terms commercial entity and commercial means a non-Federal entity organized under the laws of the United States or of any jurisdiction within the United States.. (b) Clerical amendment \nThe table of sections for chapter 135 of title 10, United States Code, is amended by inserting after the item relating to section 2276 the following: 2276a. Special authority for provision of commercial space launch support services..", "id": "id422B0840590340338C8C3CFEC6E24EC4", "header": "Special authority for provision of commercial space launch support services", "nested": [ { "text": "(a) In general \nChapter 135 of title 10, United States Code, is amended by inserting after section 2276 the following new section: 2276a. Special authority for provision of commercial space launch support services \n(a) In general \nThe Secretary of a military department, pursuant to the authority provided by this section and any other provision of law, may support Federal and commercial space launch capacity on any domestic real property under the control of the Secretary through the provision of space launch support services. (b) Provision of launch equipment and services to commercial entities \n(1) Agreement authority \n(A) In general \nThe Secretary concerned may enter into a contract, or conduct any other transaction, with a commercial entity that intends to conduct space launch activities on a military installation under the jurisdiction of the Secretary, including a contract or other transaction for the provision of supplies, services, equipment, and construction needed for commercial space launch. (B) Nondelegation \nThe Secretary may not delegate the authority provided in subparagraph (A). (2) Agreement costs \n(A) Direct costs \nA contract entered into, or a transaction conducted, under paragraph (1) shall include a provision that requires the commercial entity entering into the contract or conducting the transaction to reimburse the Department of Defense for all direct costs to the United States that are associated with the goods, services, and equipment provided to the commercial entity under the contract or transaction. (B) Indirect costs \nA contract entered into, or a transaction conducted, under paragraph (1) may— (i) include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary concerned considers to be fair and reasonable; and (ii) provide for the recovery of indirect costs through establishment of a rate, fixed price, or similar mechanism the Secretary concerned considers to be fair and reasonable. (3) Retention of funds collected from commercial users \nAmounts collected from a commercial entity under paragraph (2) shall be credited to the appropriation accounts under which the costs associated with the contract (direct and indirect) were incurred. (4) Regulations \nThe Secretary shall promulgate regulations to carry out this subsection. (c) Definitions \nIn this section: (1) Space launch \nThe term space launch includes all activities, supplies, equipment, facilities, and services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for the payload and the space transportation vehicle. (2) Commercial entity; commercial \nThe terms commercial entity and commercial means a non-Federal entity organized under the laws of the United States or of any jurisdiction within the United States..", "id": "id3c682a78455d4bfeb18c7799e57486aa", "header": "In general", "nested": [], "links": [ { "text": "Chapter 135", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/135" }, { "text": "section 2276", "legal-doc": "usc", "parsable-cite": "usc/10/2276" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 135 of title 10, United States Code, is amended by inserting after the item relating to section 2276 the following: 2276a. Special authority for provision of commercial space launch support services..", "id": "idb672abded1e24e71b590e83054904ede", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 135", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/135" }, { "text": "section 2276", "legal-doc": "usc", "parsable-cite": "usc/10/2276" } ] } ], "links": [ { "text": "Chapter 135", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/135" }, { "text": "section 2276", "legal-doc": "usc", "parsable-cite": "usc/10/2276" }, { "text": "chapter 135", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/135" }, { "text": "section 2276", "legal-doc": "usc", "parsable-cite": "usc/10/2276" } ] }, { "text": "2276a. Special authority for provision of commercial space launch support services \n(a) In general \nThe Secretary of a military department, pursuant to the authority provided by this section and any other provision of law, may support Federal and commercial space launch capacity on any domestic real property under the control of the Secretary through the provision of space launch support services. (b) Provision of launch equipment and services to commercial entities \n(1) Agreement authority \n(A) In general \nThe Secretary concerned may enter into a contract, or conduct any other transaction, with a commercial entity that intends to conduct space launch activities on a military installation under the jurisdiction of the Secretary, including a contract or other transaction for the provision of supplies, services, equipment, and construction needed for commercial space launch. (B) Nondelegation \nThe Secretary may not delegate the authority provided in subparagraph (A). (2) Agreement costs \n(A) Direct costs \nA contract entered into, or a transaction conducted, under paragraph (1) shall include a provision that requires the commercial entity entering into the contract or conducting the transaction to reimburse the Department of Defense for all direct costs to the United States that are associated with the goods, services, and equipment provided to the commercial entity under the contract or transaction. (B) Indirect costs \nA contract entered into, or a transaction conducted, under paragraph (1) may— (i) include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary concerned considers to be fair and reasonable; and (ii) provide for the recovery of indirect costs through establishment of a rate, fixed price, or similar mechanism the Secretary concerned considers to be fair and reasonable. (3) Retention of funds collected from commercial users \nAmounts collected from a commercial entity under paragraph (2) shall be credited to the appropriation accounts under which the costs associated with the contract (direct and indirect) were incurred. (4) Regulations \nThe Secretary shall promulgate regulations to carry out this subsection. (c) Definitions \nIn this section: (1) Space launch \nThe term space launch includes all activities, supplies, equipment, facilities, and services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for the payload and the space transportation vehicle. (2) Commercial entity; commercial \nThe terms commercial entity and commercial means a non-Federal entity organized under the laws of the United States or of any jurisdiction within the United States.", "id": "idc1f2ce2d767c4166b333844faea2c8c9", "header": "Special authority for provision of commercial space launch support services", "nested": [ { "text": "(a) In general \nThe Secretary of a military department, pursuant to the authority provided by this section and any other provision of law, may support Federal and commercial space launch capacity on any domestic real property under the control of the Secretary through the provision of space launch support services.", "id": "id31a2efbf608f48f9a1b18b908bf59eaa", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Provision of launch equipment and services to commercial entities \n(1) Agreement authority \n(A) In general \nThe Secretary concerned may enter into a contract, or conduct any other transaction, with a commercial entity that intends to conduct space launch activities on a military installation under the jurisdiction of the Secretary, including a contract or other transaction for the provision of supplies, services, equipment, and construction needed for commercial space launch. (B) Nondelegation \nThe Secretary may not delegate the authority provided in subparagraph (A). (2) Agreement costs \n(A) Direct costs \nA contract entered into, or a transaction conducted, under paragraph (1) shall include a provision that requires the commercial entity entering into the contract or conducting the transaction to reimburse the Department of Defense for all direct costs to the United States that are associated with the goods, services, and equipment provided to the commercial entity under the contract or transaction. (B) Indirect costs \nA contract entered into, or a transaction conducted, under paragraph (1) may— (i) include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary concerned considers to be fair and reasonable; and (ii) provide for the recovery of indirect costs through establishment of a rate, fixed price, or similar mechanism the Secretary concerned considers to be fair and reasonable. (3) Retention of funds collected from commercial users \nAmounts collected from a commercial entity under paragraph (2) shall be credited to the appropriation accounts under which the costs associated with the contract (direct and indirect) were incurred. (4) Regulations \nThe Secretary shall promulgate regulations to carry out this subsection.", "id": "idd388e17d4bc04541af894ea0a90b3fef", "header": "Provision of launch equipment and services to commercial entities", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) Space launch \nThe term space launch includes all activities, supplies, equipment, facilities, and services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for the payload and the space transportation vehicle. (2) Commercial entity; commercial \nThe terms commercial entity and commercial means a non-Federal entity organized under the laws of the United States or of any jurisdiction within the United States.", "id": "id95713052ad5d425aa401bad6a123d141", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "1607. Treatment of Positioning, Navigation, and Timing Resiliency, Modifications, and Improvements program as acquisition category 1D program \nThe Under Secretary of Defense for Acquisition and Sustainment shall treat the Positioning, Navigation, and Timing Resiliency, Modifications, and Improvements program of the Air Force (Program Element 0604201F) as an acquisition category 1D program, and the authority to manage such program may not be delegated.", "id": "idF6B1D5DCC02345B9AE0C334908C9C2C2", "header": "Treatment of Positioning, Navigation, and Timing Resiliency, Modifications, and Improvements program as acquisition category 1D program", "nested": [], "links": [] }, { "text": "1608. Briefing on classification practices and foreign disclosure policies required for combined space operations \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall provide a briefing to the appropriate committees of Congress on the classification practices and foreign disclosure policies required to enable the development and conduct of combined space operations among the following countries: (1) Australia. (2) Canada. (3) France. (4) Germany. (5) New Zealand. (6) The United Kingdom. (7) The United States. (8) Any other ally or partner country, as determined by the Secretary of Defense or the Director of National Intelligence. (b) Elements \nThe briefing required by subsection (a) shall include the following: (1) The military and national intelligence information required to be shared with the countries described in subsection (a) so as to enable the development and conduct combined space operations. (2) The policy, organizational, or other barriers that currently prevent such information sharing for combined space operations. (3) The actions being taken by the Department of Defense and the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) to remove the barriers to such information sharing, and the timeline for implementation of such actions. (4) Any statutory changes required to remove such barriers. (5) Any other matter, as determined by the Secretary of Defense or the Director of National Intelligence. (c) Implementation update \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall provide a briefing to the appropriate committees of Congress on the implementation of the actions described in subsection (b)(3). (d) Appropriate committees of Congress \nIn this section, the term appropriate committees of Congress means— (1) the congressional defense committees; and (2) the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )).", "id": "idf1d4167682db42dab687f0c21699f7a8", "header": "Briefing on classification practices and foreign disclosure policies required for combined space operations", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall provide a briefing to the appropriate committees of Congress on the classification practices and foreign disclosure policies required to enable the development and conduct of combined space operations among the following countries: (1) Australia. (2) Canada. (3) France. (4) Germany. (5) New Zealand. (6) The United Kingdom. (7) The United States. (8) Any other ally or partner country, as determined by the Secretary of Defense or the Director of National Intelligence.", "id": "id5f2c189abbd84fd9ad72b39fa611228f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe briefing required by subsection (a) shall include the following: (1) The military and national intelligence information required to be shared with the countries described in subsection (a) so as to enable the development and conduct combined space operations. (2) The policy, organizational, or other barriers that currently prevent such information sharing for combined space operations. (3) The actions being taken by the Department of Defense and the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) to remove the barriers to such information sharing, and the timeline for implementation of such actions. (4) Any statutory changes required to remove such barriers. (5) Any other matter, as determined by the Secretary of Defense or the Director of National Intelligence.", "id": "id61ced0be752a45b49ee2fbbb8437c486", "header": "Elements", "nested": [], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "(c) Implementation update \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall provide a briefing to the appropriate committees of Congress on the implementation of the actions described in subsection (b)(3).", "id": "id65031022705f44aeaa04ec1548746eed", "header": "Implementation update", "nested": [], "links": [] }, { "text": "(d) Appropriate committees of Congress \nIn this section, the term appropriate committees of Congress means— (1) the congressional defense committees; and (2) the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )).", "id": "id26a082c8927d4fbab83a3b1fb249e960", "header": "Appropriate committees of Congress", "nested": [], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] } ], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" }, { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "1609. Limitation on availability of certain funds relating to selection of permanent location for headquarters of United States Space Command \n(a) Limitation on availability of funds for military construction projects \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Air Force may be obligated or expended for a military construction project (as described in section 2801(b) of title 10, United States Code) for the construction or modification of facilities for temporary or permanent use by the United States Space Command for headquarters operations until the report required under subsection (c) is submitted. (b) Limitation on availability of funds for travel expenditures \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 to the Office of the Secretary of the Air Force for travel expenditures, not more than 50 percent may be obligated or expended until the report required under subsection (c) is submitted. (c) Report \nThe Secretary of the Air Force shall submit to the congressional defense committees a report on the justification for the selection of a permanent location for headquarters of the United States Space Command.", "id": "HA4AC0B58C123454895915600D4BAAF20", "header": "Limitation on availability of certain funds relating to selection of permanent location for headquarters of United States Space Command", "nested": [ { "text": "(a) Limitation on availability of funds for military construction projects \nNone of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Air Force may be obligated or expended for a military construction project (as described in section 2801(b) of title 10, United States Code) for the construction or modification of facilities for temporary or permanent use by the United States Space Command for headquarters operations until the report required under subsection (c) is submitted.", "id": "H3DF14A9B012E42C2A92294D0E5EC25DF", "header": "Limitation on availability of funds for military construction projects", "nested": [], "links": [] }, { "text": "(b) Limitation on availability of funds for travel expenditures \nOf the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 to the Office of the Secretary of the Air Force for travel expenditures, not more than 50 percent may be obligated or expended until the report required under subsection (c) is submitted.", "id": "H919BEC3615194AB8A4957C36B682C142", "header": "Limitation on availability of funds for travel expenditures", "nested": [], "links": [] }, { "text": "(c) Report \nThe Secretary of the Air Force shall submit to the congressional defense committees a report on the justification for the selection of a permanent location for headquarters of the United States Space Command.", "id": "H01EF0573ACCE4326AD4196283BF6DB45", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "1611. Prohibition on reduction of the intercontinental ballistic missiles of the United States \n(a) Prohibition \nExcept as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2024 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following: (1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States. (2) Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400. (b) Exception \nThe prohibition in subsection (a) shall not apply to any of the following activities: (1) The maintenance, sustainment, or replacement of intercontinental ballistic missiles. (2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles.", "id": "id8CB2E6416CE542689E7B31C582E2E957", "header": "Prohibition on reduction of the intercontinental ballistic missiles of the United States", "nested": [ { "text": "(a) Prohibition \nExcept as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2024 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following: (1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States. (2) Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.", "id": "idcfc77c26fd01438385a72a0eeed04225", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Exception \nThe prohibition in subsection (a) shall not apply to any of the following activities: (1) The maintenance, sustainment, or replacement of intercontinental ballistic missiles. (2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles.", "id": "id7377a9a7dcdb430281374b4c5cab1007", "header": "Exception", "nested": [], "links": [] } ], "links": [] }, { "text": "1612. Sentinel intercontinental ballistic missile program silo activity \nThe LGM–35A Sentinel intercontinental ballistic missile program shall refurbish and make operable not fewer than 150 silos for intercontinental ballistic missiles at each of the following locations: (1) Francis E. Warren Air Force Base, Laramie County, Wyoming. (2) Malmstrom Air Force Base, Cascade County, Montana. (3) Minot Air Force Base, Ward County, North Dakota.", "id": "id8db41fc35fff4ebe86a499393e4783e0", "header": "Sentinel intercontinental ballistic missile program silo activity", "nested": [], "links": [] }, { "text": "1613. Matters relating to the acquisition and deployment of the Sentinel intercontinental ballistic missile weapon system \n(a) Authority for multi-year procurement \nSubject to section 3501 of title 10, United States Code, the Secretary of the Air Force may enter into one or more multi-year contracts for the procurement of up to 659 Sentinel intercontinental ballistic missiles and for subsystems associated with such missiles. (b) Authority for advance procurement \nThe Secretary of the Air Force may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the Sentinel intercontinental ballistic missiles for which authorization to enter into a multi-year procurement contract is provided under subsection (a), and for subsystems associated with such missiles in economic order quantities when cost savings are achievable. (c) Condition for out-year contract payments \nA contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2024 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. (d) Mandatory inclusion of pre-priced option in certain circumstances \n(1) In general \nIf the total base quantity of Sentinel intercontinental ballistic missiles to be procured through all contracts entered into under subsection (a) is less than 659, the Secretary of the Air Force shall ensure that one or more of the contracts includes a pre-priced option for the procurement of additional Sentinel intercontinental ballistic missiles such that the sum of such base quantity and the number of such missiles that may be procured through the exercise of such options is equal to 659 missiles. (2) Definitions \nIn this subsection: (A) Base quantity \nThe term base quantity means the quantity of Sentinel intercontinental ballistic missiles to be procured under a contract entered into under subsection (a), excluding any quantity of such missiles that may be procured through the exercise of an option that may be part of such contract. (B) Pre-priced option \nThe term pre-priced option means a contract option for a contract entered into under subsection (a) that, if exercised, would allow the Secretary of the Air Force to procure a quantity of intercontinental ballistic missiles at a predetermined price specified in such contract. (e) Limitation \nThe Secretary of the Air Force may not modify a contract entered into under subsection (a) if the modification would increase the per unit price of the Sentinel intercontinental ballistic missiles by more than 10 percent above the target per unit price specified in the original contract for such missiles under subsection (a). (f) Modifications to the Intercontinental Ballistic Missile Site Activation Task Force \nSection 1638 of the National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended— (1) in subsection (b)(1), by inserting , who shall report directly to the Commander of Air Force Global Strike Command after Modernization ; and (2) by striking subsection (d)(1) and inserting the following: (1) Weapon system \nFor purposes of nomenclature and acquisition life cycle activities ranging from development through sustainment and demilitarization, each wing level configuration of the LGM–35A Sentinel intercontinental ballistic missile shall be a weapon system..", "id": "idA44F0A43BD31425C9DE693E561E1504F", "header": "Matters relating to the acquisition and deployment of the Sentinel intercontinental ballistic missile weapon system", "nested": [ { "text": "(a) Authority for multi-year procurement \nSubject to section 3501 of title 10, United States Code, the Secretary of the Air Force may enter into one or more multi-year contracts for the procurement of up to 659 Sentinel intercontinental ballistic missiles and for subsystems associated with such missiles.", "id": "id93C98339F45C43A8BB3E35C9878A229B", "header": "Authority for multi-year procurement", "nested": [], "links": [] }, { "text": "(b) Authority for advance procurement \nThe Secretary of the Air Force may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the Sentinel intercontinental ballistic missiles for which authorization to enter into a multi-year procurement contract is provided under subsection (a), and for subsystems associated with such missiles in economic order quantities when cost savings are achievable.", "id": "idB637DD6483DD455CA30065F5FB601012", "header": "Authority for advance procurement", "nested": [], "links": [] }, { "text": "(c) Condition for out-year contract payments \nA contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2024 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.", "id": "id3B9E6E9DDC884D748D86695D40A0109B", "header": "Condition for out-year contract payments", "nested": [], "links": [] }, { "text": "(d) Mandatory inclusion of pre-priced option in certain circumstances \n(1) In general \nIf the total base quantity of Sentinel intercontinental ballistic missiles to be procured through all contracts entered into under subsection (a) is less than 659, the Secretary of the Air Force shall ensure that one or more of the contracts includes a pre-priced option for the procurement of additional Sentinel intercontinental ballistic missiles such that the sum of such base quantity and the number of such missiles that may be procured through the exercise of such options is equal to 659 missiles. (2) Definitions \nIn this subsection: (A) Base quantity \nThe term base quantity means the quantity of Sentinel intercontinental ballistic missiles to be procured under a contract entered into under subsection (a), excluding any quantity of such missiles that may be procured through the exercise of an option that may be part of such contract. (B) Pre-priced option \nThe term pre-priced option means a contract option for a contract entered into under subsection (a) that, if exercised, would allow the Secretary of the Air Force to procure a quantity of intercontinental ballistic missiles at a predetermined price specified in such contract.", "id": "id8EDACFC71FE541E285EBC410282C1605", "header": "Mandatory inclusion of pre-priced option in certain circumstances", "nested": [], "links": [] }, { "text": "(e) Limitation \nThe Secretary of the Air Force may not modify a contract entered into under subsection (a) if the modification would increase the per unit price of the Sentinel intercontinental ballistic missiles by more than 10 percent above the target per unit price specified in the original contract for such missiles under subsection (a).", "id": "id5BE658FA2D2F4E45A9624D1249B8644F", "header": "Limitation", "nested": [], "links": [] }, { "text": "(f) Modifications to the Intercontinental Ballistic Missile Site Activation Task Force \nSection 1638 of the National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended— (1) in subsection (b)(1), by inserting , who shall report directly to the Commander of Air Force Global Strike Command after Modernization ; and (2) by striking subsection (d)(1) and inserting the following: (1) Weapon system \nFor purposes of nomenclature and acquisition life cycle activities ranging from development through sustainment and demilitarization, each wing level configuration of the LGM–35A Sentinel intercontinental ballistic missile shall be a weapon system..", "id": "id6B3F1C9A0F2B4FF08B1E47D5B1D63300", "header": "Modifications to the Intercontinental Ballistic Missile Site Activation Task Force", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] } ], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1614. Plan for decreasing the time to upload additional warheads to the intercontinental ballistic missile fleet \n(a) In general \nThe Secretary of the Air Force, in coordination with the Commander of the United States Strategic Command, shall develop a plan to decrease the amount of time required to upload additional warheads to the intercontinental ballistic missile force. (b) Elements \nThe plan required by subsection (a) shall include the following: (1) An assessment of the storage capacity of weapons storage areas and any weapons generation facilities at covered bases, including the capacity of each covered base to store additional warheads. (2) An assessment of the current nuclear warhead transportation capacity of the National Nuclear Security Administration and associated timelines for transporting additional nuclear warheads to covered bases. (3) An evaluation of the capacity of the maintenance squadrons and security forces at covered bases and the associated timelines for adding warheads to the intercontinental ballistic missile force. (4) An identification of actions that would address any identified limitations and increase the readiness of the intercontinental ballistic missile force to upload additional warheads. (5) An evaluation of courses of actions to upload additional warheads to a portion of the intercontinental ballistic missile force. (6) An assessment of the feasibility and advisability of initiating immediate deployment of W78 warheads to a single wing of the intercontinental ballistic missile force as a hedge against delay of the LGM–35A Sentinel intercontinental ballistic missile. (7) A funding plan for carrying out actions identified in paragraphs (4) and (5). (c) Submission to Congress \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force and the Commander of the United States Strategic Command shall submit to the congressional defense committees the plan required by subsection (a). (d) Form \nThe plan required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (e) Briefing \nNot later than 30 days after the submission of the plan required by subsection (a), the Secretary of the Air Force and the Commander of the United States Strategic Command shall brief the congressional defense committees on the actions being pursued to implement the plan. (f) Covered base defined \nThe term covered base means the following: (1) Francis E. Warren Air Force Base, Laramie County, Wyoming. (2) Malmstrom Air Force Base, Cascade County, Montana. (3) Minot Air Force Base, Ward County, North Dakota.", "id": "id7ea00530ed1d4c84a64028bb1d34f619", "header": "Plan for decreasing the time to upload additional warheads to the intercontinental ballistic missile fleet", "nested": [ { "text": "(a) In general \nThe Secretary of the Air Force, in coordination with the Commander of the United States Strategic Command, shall develop a plan to decrease the amount of time required to upload additional warheads to the intercontinental ballistic missile force.", "id": "idd01757df48f7420aa086379edcfdecbb", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe plan required by subsection (a) shall include the following: (1) An assessment of the storage capacity of weapons storage areas and any weapons generation facilities at covered bases, including the capacity of each covered base to store additional warheads. (2) An assessment of the current nuclear warhead transportation capacity of the National Nuclear Security Administration and associated timelines for transporting additional nuclear warheads to covered bases. (3) An evaluation of the capacity of the maintenance squadrons and security forces at covered bases and the associated timelines for adding warheads to the intercontinental ballistic missile force. (4) An identification of actions that would address any identified limitations and increase the readiness of the intercontinental ballistic missile force to upload additional warheads. (5) An evaluation of courses of actions to upload additional warheads to a portion of the intercontinental ballistic missile force. (6) An assessment of the feasibility and advisability of initiating immediate deployment of W78 warheads to a single wing of the intercontinental ballistic missile force as a hedge against delay of the LGM–35A Sentinel intercontinental ballistic missile. (7) A funding plan for carrying out actions identified in paragraphs (4) and (5).", "id": "id0d65db5a71564cc2b0be325fe3fccead", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Submission to Congress \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force and the Commander of the United States Strategic Command shall submit to the congressional defense committees the plan required by subsection (a).", "id": "id11b892eb92e44fe78cd62fdf38ef6356", "header": "Submission to Congress", "nested": [], "links": [] }, { "text": "(d) Form \nThe plan required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "id8762f36b6a5a45ae9c33a54cc3bc00f3", "header": "Form", "nested": [], "links": [] }, { "text": "(e) Briefing \nNot later than 30 days after the submission of the plan required by subsection (a), the Secretary of the Air Force and the Commander of the United States Strategic Command shall brief the congressional defense committees on the actions being pursued to implement the plan.", "id": "id6a3d39cd525e4ee0990779428cdcda11", "header": "Briefing", "nested": [], "links": [] }, { "text": "(f) Covered base defined \nThe term covered base means the following: (1) Francis E. Warren Air Force Base, Laramie County, Wyoming. (2) Malmstrom Air Force Base, Cascade County, Montana. (3) Minot Air Force Base, Ward County, North Dakota.", "id": "id200d5bead1ec43408137861489a92297", "header": "Covered base defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1615. Tasking and oversight authority with respect to intercontinental ballistic missile site activation task force for Sentinel Program \nSection 1638 of the National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended by— (1) redesignating subsection (e) as subsection (f); and (2) inserting after subsection (d), the following new subsection (e): (e) Delegation of authority \nThe Secretary of Defense shall— (1) not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, delegate to the Commander of the Air Force Global Strike Command such tasking and oversight authorities, as the Secretary considers necessary, with respect to other components of the Department of Defense participating in the Task Force; and (2) not later than 30 days after the date of such delegation of authority, notify the congressional defense committees of the delegation..", "id": "id1b0a0e77665d4c0d9c2167acfb855380", "header": "Tasking and oversight authority with respect to intercontinental ballistic missile site activation task force for Sentinel Program", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1616. Long-term sustainment of Sentinel ICBM guidance system \n(a) In general \nPrior to issuing a Milestone C decision for the program to develop the LGM–35A Sentinel intercontinental ballistic missile system (referred to in this section as the Sentinel ), the Under Secretary of Defense for Acquisition and Sustainment shall certify to the congressional defense committees that there is a long-term capability in place to maintain and modernize the guidance system of the Sentinel over the full life cycle of the Sentinel. (b) Certification elements \nThe certification described in subsection (a) shall include a list of capabilities to maintain and advance— (1) accelerometers; (2) gyroscopes; (3) guidance computers; (4) specialized mechanical and retaining assemblies; (5) test equipment; and (6) such other components to ensure the guidance system will be maintained and modernized over the life of the Sentinel.", "id": "ideafd8a2624684ce48a2c4e637aa5fc28", "header": "Long-term sustainment of Sentinel ICBM guidance system", "nested": [ { "text": "(a) In general \nPrior to issuing a Milestone C decision for the program to develop the LGM–35A Sentinel intercontinental ballistic missile system (referred to in this section as the Sentinel ), the Under Secretary of Defense for Acquisition and Sustainment shall certify to the congressional defense committees that there is a long-term capability in place to maintain and modernize the guidance system of the Sentinel over the full life cycle of the Sentinel.", "id": "iddb9004180c044709ac0b5e9f043783f2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Certification elements \nThe certification described in subsection (a) shall include a list of capabilities to maintain and advance— (1) accelerometers; (2) gyroscopes; (3) guidance computers; (4) specialized mechanical and retaining assemblies; (5) test equipment; and (6) such other components to ensure the guidance system will be maintained and modernized over the life of the Sentinel.", "id": "id744a241cb5584cddb4111fdc2dc911c6", "header": "Certification elements", "nested": [], "links": [] } ], "links": [] }, { "text": "1617. Sense of Senate on Polaris Sales Agreement \n(a) Findings \nThe Senate finds the following: (1) On December 21, 1962, President John F. Kennedy and Prime Minister of the United Kingdom Harold Macmillan met in Nassau, Bahamas, and issued a joint statement (commonly referred to as the Statement on Nuclear Defense Systems ), agreeing that the United States would make Polaris missiles available on a continuing basis to the United Kingdom for use in submarines. (2) On April 6, 1963, Secretary of State Dean Rusk and Her Majesty's Ambassador to the United States David Ormsby-Gore signed the Polaris Sales Agreement, reaffirming the Statement on Nuclear Defense Systems and agreeing that the United States Government shall provide and the Government of the United Kingdom shall purchase from the United States Government Polaris missiles, equipment, and supporting services. (3) The HMS Resolution launched the first Polaris missile of the United Kingdom on February 15, 1968, and, in 1969, commenced the first strategic deterrent patrol for the United Kingdom, initiating a continuous at-sea deterrent posture for the United Kingdom that remains in effect. (4) The Polaris Sales Agreement was amended to include the Trident II (D5) strategic weapon system on October 19, 1982, in Washington, D.C., through an exchange of notes between Secretary of State Jonathan Howe and Her Majesty's Ambassador to the United States Oliver Wright. (5) Through an exchange of letters in 2008 between the Secretary of Defense the Honorable Robert Gates and the Secretary of State for Defence of the United Kingdom the Right Honorable Desmond Browne and under the auspices of the Polaris Sales Agreement, the United States Government and the Government of the United Kingdom agreed to continue cooperation to design a common missile compartment for the follow-on ballistic missile submarines of each nation. (b) Sense of the Senate \nIt is the sense of the Senate that the Senate— (1) recognizes the 60th anniversary of the Polaris Sales Agreement between the United States and the United Kingdom of Great Britain and Northern Ireland; (2) congratulates the Royal Navy for steadfastly maintaining the Continuous At-Sea Deterrent; (3) Recognizes the important contribution of the Continuous At-Sea Deterrent to the North Atlantic Treaty Organization; (4) reaffirms that the United Kingdom is a valued and special ally of the United States; and (5) looks forward to continuing and strengthening the shared commitment of the United States and the United Kingdom to sustain submarine-based strategic deterrents well into the future.", "id": "id4BEE88E3DE7C444DA8CC7FE811EF18FD", "header": "Sense of Senate on Polaris Sales Agreement", "nested": [ { "text": "(a) Findings \nThe Senate finds the following: (1) On December 21, 1962, President John F. Kennedy and Prime Minister of the United Kingdom Harold Macmillan met in Nassau, Bahamas, and issued a joint statement (commonly referred to as the Statement on Nuclear Defense Systems ), agreeing that the United States would make Polaris missiles available on a continuing basis to the United Kingdom for use in submarines. (2) On April 6, 1963, Secretary of State Dean Rusk and Her Majesty's Ambassador to the United States David Ormsby-Gore signed the Polaris Sales Agreement, reaffirming the Statement on Nuclear Defense Systems and agreeing that the United States Government shall provide and the Government of the United Kingdom shall purchase from the United States Government Polaris missiles, equipment, and supporting services. (3) The HMS Resolution launched the first Polaris missile of the United Kingdom on February 15, 1968, and, in 1969, commenced the first strategic deterrent patrol for the United Kingdom, initiating a continuous at-sea deterrent posture for the United Kingdom that remains in effect. (4) The Polaris Sales Agreement was amended to include the Trident II (D5) strategic weapon system on October 19, 1982, in Washington, D.C., through an exchange of notes between Secretary of State Jonathan Howe and Her Majesty's Ambassador to the United States Oliver Wright. (5) Through an exchange of letters in 2008 between the Secretary of Defense the Honorable Robert Gates and the Secretary of State for Defence of the United Kingdom the Right Honorable Desmond Browne and under the auspices of the Polaris Sales Agreement, the United States Government and the Government of the United Kingdom agreed to continue cooperation to design a common missile compartment for the follow-on ballistic missile submarines of each nation.", "id": "id7403445e09e04941bb2e98dcfa84173c", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of the Senate \nIt is the sense of the Senate that the Senate— (1) recognizes the 60th anniversary of the Polaris Sales Agreement between the United States and the United Kingdom of Great Britain and Northern Ireland; (2) congratulates the Royal Navy for steadfastly maintaining the Continuous At-Sea Deterrent; (3) Recognizes the important contribution of the Continuous At-Sea Deterrent to the North Atlantic Treaty Organization; (4) reaffirms that the United Kingdom is a valued and special ally of the United States; and (5) looks forward to continuing and strengthening the shared commitment of the United States and the United Kingdom to sustain submarine-based strategic deterrents well into the future.", "id": "id8bf807a1c59d4f309b4ec30c4844d77a", "header": "Sense of the Senate", "nested": [], "links": [] } ], "links": [] }, { "text": "1618. Matters relating to the nuclear-armed sea-launched cruise missile \n(a) Program treatment \nNot later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall— (1) establish a program for the development of a nuclear-armed, sea-launched cruise missile capability; (2) designate such program as an acquisition category 1D program, to be managed consistent with the provisions of Department of Defense Instruction 5000.85 (relating to major capability acquisition); (3) initiate a nuclear weapon project for the W80–4 ALT warhead, at phase 6.2 of the phase 6.X process (relating to feasibility study and down select), to align with the program described in paragraph (1); (4) submit to the National Nuclear Security Administration a formal request, through the Nuclear Weapons Council, for participation in and support for the W80–4 ALT warhead project; and (5) designate the Department of the Navy as the military department to lead the W80–4 ALT nuclear weapon program for the Department of Defense. (b) Initial operational capability \nThe Secretary of Defense and the Administrator for Nuclear Security shall take such actions as necessary to ensure the program described in subsection (a) achieves initial operational capability, as defined jointly by the Secretary of the Navy and the Commander of United States Strategic Command, by not later than fiscal year 2035. (c) Limitation \nThe Under Secretary of Defense for Acquisition and Sustainment may not approve a Full Rate Production Decision or authorize Full Scale Production (as those terms are defined in the memorandum of the Nuclear Weapons Council entitled Procedural Guidelines for the Phase 6.X Process and dated April 19, 2000), for the W80–4 ALT program. (d) Briefing \n(1) In general \nBeginning not later than November 1, 2023, and on March 1 and September 1 of each year thereafter, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretary of the Navy, the Administrator for Nuclear Security, and the Commander of the United States Strategic Command, shall jointly brief the congressional defense committees on the progress of the program described in subsection (a). (2) Contents \nEach briefing required under paragraph (1) shall include— (A) a description of significant achievements of the program described in subsection (a) completed during the period specified in paragraph (3) and any planned objectives that were not achieved during such period; (B) for the 180-day period following the briefing— (i) planned objectives for the programs; and (ii) anticipated spending plans for the programs; (C) a description of any notable technical hurdles that could impede timely completion of the programs; and (D) any other information the Under Secretary of Defense for Acquisition and Sustainment considers appropriate. (3) Period specified \nThe period specified in this paragraph is— (A) in the case of the first briefing required by paragraph (1), the 180-day period preceding the briefing; and (B) in the case of any subsequent such briefing, the period since the previous such briefing. (4) Termination \nThe requirement to provide briefings under paragraph (1) shall terminate on the date that the program described in subsection (a) achieve initial operational capability, as defined jointly by the Secretary of the Navy and the Commander of United States Strategic Command. (e) Phase 6.X process defined \nIn this section, the term phase 6.X process means the phase 6.X process for major stockpile sustainment activities set forth in the memorandum of the Nuclear Weapons Council entitled Procedural Guidelines for the Phase 6.X Process and dated April 19, 2000.", "id": "id0efcc2f186da4cb082184a60a6f3871b", "header": "Matters relating to the nuclear-armed sea-launched cruise missile", "nested": [ { "text": "(a) Program treatment \nNot later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall— (1) establish a program for the development of a nuclear-armed, sea-launched cruise missile capability; (2) designate such program as an acquisition category 1D program, to be managed consistent with the provisions of Department of Defense Instruction 5000.85 (relating to major capability acquisition); (3) initiate a nuclear weapon project for the W80–4 ALT warhead, at phase 6.2 of the phase 6.X process (relating to feasibility study and down select), to align with the program described in paragraph (1); (4) submit to the National Nuclear Security Administration a formal request, through the Nuclear Weapons Council, for participation in and support for the W80–4 ALT warhead project; and (5) designate the Department of the Navy as the military department to lead the W80–4 ALT nuclear weapon program for the Department of Defense.", "id": "ide7158cb8bfff4ba18dff98b44764c2e9", "header": "Program treatment", "nested": [], "links": [] }, { "text": "(b) Initial operational capability \nThe Secretary of Defense and the Administrator for Nuclear Security shall take such actions as necessary to ensure the program described in subsection (a) achieves initial operational capability, as defined jointly by the Secretary of the Navy and the Commander of United States Strategic Command, by not later than fiscal year 2035.", "id": "id466102c1839c43f58961fc1263d4b109", "header": "Initial operational capability", "nested": [], "links": [] }, { "text": "(c) Limitation \nThe Under Secretary of Defense for Acquisition and Sustainment may not approve a Full Rate Production Decision or authorize Full Scale Production (as those terms are defined in the memorandum of the Nuclear Weapons Council entitled Procedural Guidelines for the Phase 6.X Process and dated April 19, 2000), for the W80–4 ALT program.", "id": "id5f8035f01933461f990689f7224b46fb", "header": "Limitation", "nested": [], "links": [] }, { "text": "(d) Briefing \n(1) In general \nBeginning not later than November 1, 2023, and on March 1 and September 1 of each year thereafter, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretary of the Navy, the Administrator for Nuclear Security, and the Commander of the United States Strategic Command, shall jointly brief the congressional defense committees on the progress of the program described in subsection (a). (2) Contents \nEach briefing required under paragraph (1) shall include— (A) a description of significant achievements of the program described in subsection (a) completed during the period specified in paragraph (3) and any planned objectives that were not achieved during such period; (B) for the 180-day period following the briefing— (i) planned objectives for the programs; and (ii) anticipated spending plans for the programs; (C) a description of any notable technical hurdles that could impede timely completion of the programs; and (D) any other information the Under Secretary of Defense for Acquisition and Sustainment considers appropriate. (3) Period specified \nThe period specified in this paragraph is— (A) in the case of the first briefing required by paragraph (1), the 180-day period preceding the briefing; and (B) in the case of any subsequent such briefing, the period since the previous such briefing. (4) Termination \nThe requirement to provide briefings under paragraph (1) shall terminate on the date that the program described in subsection (a) achieve initial operational capability, as defined jointly by the Secretary of the Navy and the Commander of United States Strategic Command.", "id": "id2db05da4406442229ea471a012e1f70a", "header": "Briefing", "nested": [], "links": [] }, { "text": "(e) Phase 6.X process defined \nIn this section, the term phase 6.X process means the phase 6.X process for major stockpile sustainment activities set forth in the memorandum of the Nuclear Weapons Council entitled Procedural Guidelines for the Phase 6.X Process and dated April 19, 2000.", "id": "ide2bfb9d050a74625984d4aea3c11a999", "header": "Phase 6.X process defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1619. Operational timeline for Strategic Automated Command and Control System \n(a) In general \nThe Secretary of the Air Force shall develop a replacement of the Strategic Automated Command and Control System (SACCS) by not later than the date that the LGM–35A Sentinel intercontinental ballistic missile program reaches initial operational capability. (b) Replacement capabilities \nThe replacement required by subsection (a) shall— (1) replace the SACCS base processors; (2) replace the SACCS processors at launch control centers; (3) provide internet protocol connectivity for wing-wide command centers of the LGM–35A Sentinel intercontinental ballistic missile program; (4) include such other capabilities necessary to address the evolving requirements of the LGM–35A Sentinel intercontinental ballistic missile program as the Secretary considers appropriate.", "id": "ida2e1d61365654c2fadf881a3768af3c6", "header": "Operational timeline for Strategic Automated Command and Control System", "nested": [ { "text": "(a) In general \nThe Secretary of the Air Force shall develop a replacement of the Strategic Automated Command and Control System (SACCS) by not later than the date that the LGM–35A Sentinel intercontinental ballistic missile program reaches initial operational capability.", "id": "idd716eb8fab65481d97016f657315891b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Replacement capabilities \nThe replacement required by subsection (a) shall— (1) replace the SACCS base processors; (2) replace the SACCS processors at launch control centers; (3) provide internet protocol connectivity for wing-wide command centers of the LGM–35A Sentinel intercontinental ballistic missile program; (4) include such other capabilities necessary to address the evolving requirements of the LGM–35A Sentinel intercontinental ballistic missile program as the Secretary considers appropriate.", "id": "ida289c89e8df349caad6fa9682e318d40", "header": "Replacement capabilities", "nested": [], "links": [] } ], "links": [] }, { "text": "1620. Amendment to annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control systems \nSection 492a of title 10, United States Code, is amended by adding at the end the following new subsection: (d) Independent assessment by United States Strategic Command \n(1) In general \nNot later than 150 days after the submission to Congress of the budget of the President under section 1105(a) of title 31, United States Code, the Commander of United States Strategic Command shall complete an independent assessment of the sufficiency of the execution of acquisition, construction, and recapitalization programs of the Department of Defense and the National Nuclear Security Administration to modernize the nuclear forces of the United States and meet current and future deterrence requirements. (2) Contents \nThe assessment required under paragraph (1) shall evaluate the ongoing execution of modernization programs associated with— (A) the nuclear weapons design, production, and sustainment infrastructure; (B) the nuclear weapons stockpile; (C) the delivery systems for nuclear weapons; and (D) the nuclear command, control, and communications system. (3) Routing and submission \n(A) Submission to Nuclear Weapons Council \nNot later than 15 days after completion of the assessment required by paragraph (1), the Commander of United States Strategic Command shall— (i) submit the assessment to the Chairman of the Nuclear Weapons Council; and (ii) notify the congressional defense committees that the assessment has been submitted to the Chairman of the Nuclear Weapons Council. (B) Submission to Congress \nNot later than 15 days after the Chairman of the Nuclear Weapons Council receives the assessment required by paragraph (1), the Chairman shall transmit the assessment, without change, to the congressional defense committees..", "id": "id2F7F7D7250BC4907BEA9922E1E283A24", "header": "Amendment to annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control systems", "nested": [], "links": [] }, { "text": "1621. Technical amendment to additional report matters on strategic delivery systems \nSection 495(b) of title 10, United States Code, is amended in the matter preceding paragraph (1)— (1) by striking before fiscal year 2020 and inserting prior to the expiration of the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011 (commonly referred to as the New START Treaty ) ; and (2) by striking 1043 of the National Defense Authorization Act for Fiscal Year 2012 and inserting 492(a) of title 10, United States Code,.", "id": "id7251F1691C43469EB1B3264231C0D3E8", "header": "Technical amendment to additional report matters on strategic delivery systems", "nested": [], "links": [] }, { "text": "1622. Amendment to study of weapons programs that allow Armed Forces to address hard and deeply buried targets \nSection 1674 of the National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended— (1) in subsection (e)— (A) in the heading, by striking on Use of Funds ; and (B) by striking none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense or the Department of Energy for the deactivation, dismantlement, or retirement of the B83–1 nuclear gravity bomb may be obligated or expended and inserting neither the Secretary of Defense nor the Secretary of Energy may take any action ; and (2) in subsection (f), by striking on the use of funds under and inserting in.", "id": "idA46DD743D97E4EB8A4AA96FE92785137", "header": "Amendment to study of weapons programs that allow Armed Forces to address hard and deeply buried targets", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1623. Limitation on use of funds until provision of Department of Defense information to Government Accountability Office \nOf the funds authorized to be appropriated by this Act for fiscal year 2024 for Operation and Maintenance, Defense-wide, and available for the Office of the Under Secretary of Defense for Policy, not more than 50 percent may be obligated or expended until the date on which the Comptroller General of the United States notifies the congressional defense committees that the Secretary of Defense has fully complied with information requests by the Government Accountability Office with respect to the conduct of the study required by section 1652 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 2100).", "id": "id2D5F216802784EF6A934EA4515CC0370", "header": "Limitation on use of funds until provision of Department of Defense information to Government Accountability Office", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "1624. Monitoring Iranian enrichment \n(a) Significant enrichment activity defined \nIn this section, the term significant enrichment activity means— (1) any enrichment of any amount of uranium–235 to a purity percentage that is 5 percent higher than the purity percentage indicated in the prior submission to Congress under subsection (b)(1); or (2) any enrichment of uranium–235 in a quantity exceeding 10 kilograms. (b) Submission to Congress \n(1) In general \nNot later than 48 hours after the Director of National Intelligence assesses that the Islamic Republic of Iran has produced or possesses any amount of uranium–235 enriched to greater than 60 percent purity or has engaged in significant enrichment activity, the Director of National Intelligence shall submit to Congress such assessment, consistent with the protection of intelligence sources and methods. (2) Duplication \nFor any submission required by this subsection, the Director of National Intelligence may rely upon existing products that reflect the current analytic judgment of the intelligence community, including reports or products produced in response to congressional mandate or requests from executive branch officials.", "id": "idc491410bfcba47158e8365bbe5cc7f1a", "header": "Monitoring Iranian enrichment", "nested": [ { "text": "(a) Significant enrichment activity defined \nIn this section, the term significant enrichment activity means— (1) any enrichment of any amount of uranium–235 to a purity percentage that is 5 percent higher than the purity percentage indicated in the prior submission to Congress under subsection (b)(1); or (2) any enrichment of uranium–235 in a quantity exceeding 10 kilograms.", "id": "id254d8c3d9d0442e0b93c3d36238ff1aa", "header": "Significant enrichment activity defined", "nested": [], "links": [] }, { "text": "(b) Submission to Congress \n(1) In general \nNot later than 48 hours after the Director of National Intelligence assesses that the Islamic Republic of Iran has produced or possesses any amount of uranium–235 enriched to greater than 60 percent purity or has engaged in significant enrichment activity, the Director of National Intelligence shall submit to Congress such assessment, consistent with the protection of intelligence sources and methods. (2) Duplication \nFor any submission required by this subsection, the Director of National Intelligence may rely upon existing products that reflect the current analytic judgment of the intelligence community, including reports or products produced in response to congressional mandate or requests from executive branch officials.", "id": "idb669132412ee43029db042e8af18ae6f", "header": "Submission to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "1631. Designation of official responsible for missile defense of Guam \nParagraph (1) of section 1660(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended to read as follows: (1) Designation \nThe Secretary of Defense shall designate the Under Secretary of Defense for Acquisition and Sustainment as the senior official of the Department of Defense who shall be responsible for the missile defense of Guam during the period preceding the date specified in paragraph (5)..", "id": "id9b51b122da1446f7b469796c82545271", "header": "Designation of official responsible for missile defense of Guam", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1632. Selection of a Director of the Missile Defense Agency \nSubsection (a) of section 205 of title 10, United States Code, is amended to read as follows: (a) Director of the Missile Defense Agency \nThere is a Director of the Missile Defense Agency who shall be appointed for a period of six years by the President from among the general officers on active duty in the Army, Air Force, Marine Corps, or Space Force or from among the flag officers on active duty in the Navy..", "id": "id5e99fd8585344c16904e038be9a876e4", "header": "Selection of a Director of the Missile Defense Agency", "nested": [], "links": [] }, { "text": "1633. Modification of requirement for Comptroller General of the United States review and assessment of missile defense acquisition programs \nSection 232(a) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1339), as amended by section 1688 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1144) and section 1644 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4062), is further amended— (1) in paragraph (1), by striking through 2025 and inserting through 2030 ; (2) in paragraph (2), by striking through 2026 and inserting through 2031 ; and (3) in paragraph (3)— (A) in the paragraph heading, by striking emerging and inserting other Department of Defense missile defense acquisition efforts and related ; (B) by striking emerging issues and and inserting emerging issues, any Department of Defense missile defense acquisition efforts, and any other related issue and ; and (C) by inserting on a mutually agreed upon date before the period at the end.", "id": "id7876f5ecac4b4629bf6f4de60f4159b7", "header": "Modification of requirement for Comptroller General of the United States review and assessment of missile defense acquisition programs", "nested": [], "links": [ { "text": "Public Law 112–81", "legal-doc": "public-law", "parsable-cite": "pl/112/81" }, { "text": "Public Law 114–92", "legal-doc": "public-law", "parsable-cite": "pl/114/92" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "1634. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production \n(a) Iron dome short-range rocket defense system \n(1) Availability of funds \nOf the funds authorized to be appropriated by this Act for fiscal year 2024 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $80,000,000 may be provided to the Government of Israel to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States. (2) Conditions \n(A) Agreement \nFunds described in paragraph (1) for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, as amended to include co-production for Tamir interceptors. (B) Certification \nNot later than 30 days prior to the initial obligation of funds described in paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (i) a certification that the amended bilateral international agreement specified in subparagraph (A) is being implemented as provided in such agreement; (ii) an assessment detailing any risks relating to the implementation of such agreement; and (iii) for system improvements resulting in modified Iron Dome components and Tamir interceptor sub-components, a certification that the Government of Israel has demonstrated successful completion of Production Readiness Reviews, including the validation of production lines, the verification of component conformance, and the verification of performance to specification as defined in the Iron Dome Defense System Procurement Agreement, as further amended. (b) Israeli cooperative missile defense program, david's sling weapon system co-production \n(1) In general \nSubject to paragraph (3), of the funds authorized to be appropriated for fiscal year 2024 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $40,000,000 may be provided to the Government of Israel to procure the David's Sling Weapon System, including for co-production of parts and components in the United States by United States industry. (2) Agreement \nProvision of funds specified in paragraph (1) shall be subject to the terms and conditions in the bilateral co-production agreement, including— (A) a one-for-one cash match is made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); and (B) co-production of parts, components, and all-up rounds (if appropriate) in the United States by United States industry for the David's Sling Weapon System is not less than 50 percent. (3) Certification and assessment \nThe Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (A) a certification that the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and Production Readiness Reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David's Sling Weapon System; and (B) an assessment detailing any risks relating to the implementation of such agreement. (c) Israeli cooperative missile defense program, arrow 3 upper tier interceptor program co-production \n(1) In general \nSubject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2024 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $80,000,000 may be provided to the Government of Israel for the Arrow 3 Upper Tier Interceptor Program, including for co-production of parts and components in the United States by United States industry. (2) Certification \nThe Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that— (A) the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and Production Readiness Reviews required by the research, development, and technology agreement for the Arrow 3 Upper Tier Interceptor Program; (B) funds specified in paragraph (1) will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); (C) the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds— (i) in accordance with subparagraph (D), the terms of co-production of parts and components on the basis of the greatest practicable co-production of parts, components, and all-up rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and facilitization expenses to the costs needed for co-production; (ii) complete transparency on the requirement of Israel for the number of interceptors and batteries that will be procured, including with respect to the procurement plans, acquisition strategy, and funding profiles of Israel; (iii) technical milestones for co-production of parts and components and procurement; (iv) a joint affordability working group to consider cost reduction initiatives; and (v) joint approval processes for third-party sales; and (D) the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent. (d) Number \nIn carrying out paragraph (2) of subsection (b) and paragraph (2) of subsection (c), the Under Secretary may submit— (1) one certification covering both the David's Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program; or (2) separate certifications for each respective system. (e) Timing \nThe Under Secretary shall submit to the congressional defense committees the certification and assessment under subsection (b)(3) and the certification under subsection (c)(2) no later than 30 days before the funds specified in paragraph (1) of subsections (b) and (c) for the respective system covered by the certification are provided to the Government of Israel. (f) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means the following: (1) The congressional defense committees. (2) The Committee on Foreign Relations of the Senate and the (3) Committee on Foreign Affairs of the House of Representatives.", "id": "id1f56e395f39946659a7fb93111b12af3", "header": "Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production", "nested": [ { "text": "(a) Iron dome short-range rocket defense system \n(1) Availability of funds \nOf the funds authorized to be appropriated by this Act for fiscal year 2024 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $80,000,000 may be provided to the Government of Israel to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States. (2) Conditions \n(A) Agreement \nFunds described in paragraph (1) for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, as amended to include co-production for Tamir interceptors. (B) Certification \nNot later than 30 days prior to the initial obligation of funds described in paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (i) a certification that the amended bilateral international agreement specified in subparagraph (A) is being implemented as provided in such agreement; (ii) an assessment detailing any risks relating to the implementation of such agreement; and (iii) for system improvements resulting in modified Iron Dome components and Tamir interceptor sub-components, a certification that the Government of Israel has demonstrated successful completion of Production Readiness Reviews, including the validation of production lines, the verification of component conformance, and the verification of performance to specification as defined in the Iron Dome Defense System Procurement Agreement, as further amended.", "id": "id7188a38a0e694a858ede371f04783b01", "header": "Iron dome short-range rocket defense system", "nested": [], "links": [] }, { "text": "(b) Israeli cooperative missile defense program, david's sling weapon system co-production \n(1) In general \nSubject to paragraph (3), of the funds authorized to be appropriated for fiscal year 2024 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $40,000,000 may be provided to the Government of Israel to procure the David's Sling Weapon System, including for co-production of parts and components in the United States by United States industry. (2) Agreement \nProvision of funds specified in paragraph (1) shall be subject to the terms and conditions in the bilateral co-production agreement, including— (A) a one-for-one cash match is made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); and (B) co-production of parts, components, and all-up rounds (if appropriate) in the United States by United States industry for the David's Sling Weapon System is not less than 50 percent. (3) Certification and assessment \nThe Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (A) a certification that the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and Production Readiness Reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David's Sling Weapon System; and (B) an assessment detailing any risks relating to the implementation of such agreement.", "id": "ida0a290bc99584cf491bada680f5c9a33", "header": "Israeli cooperative missile defense program, david's sling weapon system co-production", "nested": [], "links": [] }, { "text": "(c) Israeli cooperative missile defense program, arrow 3 upper tier interceptor program co-production \n(1) In general \nSubject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2024 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $80,000,000 may be provided to the Government of Israel for the Arrow 3 Upper Tier Interceptor Program, including for co-production of parts and components in the United States by United States industry. (2) Certification \nThe Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that— (A) the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and Production Readiness Reviews required by the research, development, and technology agreement for the Arrow 3 Upper Tier Interceptor Program; (B) funds specified in paragraph (1) will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); (C) the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds— (i) in accordance with subparagraph (D), the terms of co-production of parts and components on the basis of the greatest practicable co-production of parts, components, and all-up rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and facilitization expenses to the costs needed for co-production; (ii) complete transparency on the requirement of Israel for the number of interceptors and batteries that will be procured, including with respect to the procurement plans, acquisition strategy, and funding profiles of Israel; (iii) technical milestones for co-production of parts and components and procurement; (iv) a joint affordability working group to consider cost reduction initiatives; and (v) joint approval processes for third-party sales; and (D) the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent.", "id": "id2ff50b6b9b4349eb8a228b83673201f9", "header": "Israeli cooperative missile defense program, arrow 3 upper tier interceptor program co-production", "nested": [], "links": [] }, { "text": "(d) Number \nIn carrying out paragraph (2) of subsection (b) and paragraph (2) of subsection (c), the Under Secretary may submit— (1) one certification covering both the David's Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program; or (2) separate certifications for each respective system.", "id": "id591c301f076d42d7b543e834f2c3e36b", "header": "Number", "nested": [], "links": [] }, { "text": "(e) Timing \nThe Under Secretary shall submit to the congressional defense committees the certification and assessment under subsection (b)(3) and the certification under subsection (c)(2) no later than 30 days before the funds specified in paragraph (1) of subsections (b) and (c) for the respective system covered by the certification are provided to the Government of Israel.", "id": "id3dbb3e8febe64399b0f6a3a5fb480076", "header": "Timing", "nested": [], "links": [] }, { "text": "(f) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means the following: (1) The congressional defense committees. (2) The Committee on Foreign Relations of the Senate and the (3) Committee on Foreign Affairs of the House of Representatives.", "id": "idce61e1fdc3e645249a7f1311c510f397", "header": "Appropriate congressional committees defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1635. Modification of scope of program accountability matrices requirements for next generation interceptors for missile defense of the United States homeland \nSection 1668(f) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) is amended— (1) by inserting and the product development phase after technology development phase each place is appears; and (2) in paragraph (7), by striking enter the product development phase and inserting enter the production phase.", "id": "id8d3c9ea0b5de45a5993a66936baff926", "header": "Modification of scope of program accountability matrices requirements for next generation interceptors for missile defense of the United States homeland", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "1636. Limitation on availability of funds for Office of Cost Assessment and Program Evaluation until submission of missile defense roles and responsibilities report \nOf the funds authorized to be appropriated for fiscal year 2024 by section 301 for operation and maintenance, Defense-wide, and available for the Office of Cost Assessment and Program Evaluation, not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report required by section 1675(b) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ).", "id": "id79d7d3b2cf684e67afe65aa1757cb14f", "header": "Limitation on availability of funds for Office of Cost Assessment and Program Evaluation until submission of missile defense roles and responsibilities report", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "1637. Integrated air and missile defense architecture for the Indo-Pacific region \n(a) Strategy required \nThe Commander of United States Indo-Pacific Command shall, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Commander of United States Northern Command, the Director of the Missile Defense Agency, and the Director of the Joint Integrated Air and Missile Defense Organization, develop a comprehensive strategy for developing, acquiring, and operationally establishing an integrated air and missile defense architecture for the United States Indo-Pacific Command area of responsibility. (b) Strategy components \nAt a minimum, the strategy required by subsection (a) shall address the following: (1) The sensing, tracking, and intercepting capabilities required to address the full range of credible missile threats to— (A) the Hawaiian Islands; (B) the island of Guam and other islands in the greater Marianas region, as determined necessary by the Commander of United States Indo-Pacific Command; (C) other United States territories within the area of responsibility of United States Indo-Pacific Command; and (D) United States forces deployed within the territories of other nations within such area of responsibility. (2) The appropriate balance of missile detection, tracking, defense, and defeat capabilities within such area of responsibility. (3) A command and control network for integrating missile detection, tracking, defense, and defeat capabilities across such area of responsibility. (4) A time-phased scheduling construct for fielding the constituent systems that will comprise the integrated air and missile defense architecture for such area of responsibility. (c) Annual report \n(1) In general \nNot later than March 15, 2024, and not less frequently than once each year thereafter, the Commander of United States Indo-Pacific Command shall, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Commander of United States Northern Command, the Director of the Missile Defense Agency, and the Director of the Joint Integrated Air and Missile Defense Organization, submit to the congressional defense committees an annual report outlining the following with regard to the strategy developed pursuant to subsection (a): (A) The activities conducted and progress made in developing and implementing the strategy over the previous calendar year. (B) The planned activities for developing and implementing the strategy in the upcoming year. (C) A description of likely risks and impediments to the successful implementation of the strategy. (2) Termination \nThe requirements of paragraph (1) shall terminate on the earlier of the following: (A) March 15, 2029. (B) The date on which a comprehensive integrated air and missile defense architecture for the area of responsibility of United States Indo-Pacific Command has achieved initial operational capability, as determined jointly by the Commander of United States Indo-Pacific Command and the Director of the Missile Defense Agency. (d) Limitations \nOf the equipment and components previously procured by the Department of Defense for the purposes of constructing the Homeland Defense Radar–Hawaii, none of such assets may be repurposed for other uses until the first annual report required by subsection (c)(1) is submitted to the congressional defense committees pursuant to such subsection.", "id": "ide1d8664dae824db29a8c802aabf9b4ce", "header": "Integrated air and missile defense architecture for the Indo-Pacific region", "nested": [ { "text": "(a) Strategy required \nThe Commander of United States Indo-Pacific Command shall, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Commander of United States Northern Command, the Director of the Missile Defense Agency, and the Director of the Joint Integrated Air and Missile Defense Organization, develop a comprehensive strategy for developing, acquiring, and operationally establishing an integrated air and missile defense architecture for the United States Indo-Pacific Command area of responsibility.", "id": "id02fa2bf20fd142768e0817d2b1cc356a", "header": "Strategy required", "nested": [], "links": [] }, { "text": "(b) Strategy components \nAt a minimum, the strategy required by subsection (a) shall address the following: (1) The sensing, tracking, and intercepting capabilities required to address the full range of credible missile threats to— (A) the Hawaiian Islands; (B) the island of Guam and other islands in the greater Marianas region, as determined necessary by the Commander of United States Indo-Pacific Command; (C) other United States territories within the area of responsibility of United States Indo-Pacific Command; and (D) United States forces deployed within the territories of other nations within such area of responsibility. (2) The appropriate balance of missile detection, tracking, defense, and defeat capabilities within such area of responsibility. (3) A command and control network for integrating missile detection, tracking, defense, and defeat capabilities across such area of responsibility. (4) A time-phased scheduling construct for fielding the constituent systems that will comprise the integrated air and missile defense architecture for such area of responsibility.", "id": "id685808534d55403b9f5316b59c28882e", "header": "Strategy components", "nested": [], "links": [] }, { "text": "(c) Annual report \n(1) In general \nNot later than March 15, 2024, and not less frequently than once each year thereafter, the Commander of United States Indo-Pacific Command shall, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Commander of United States Northern Command, the Director of the Missile Defense Agency, and the Director of the Joint Integrated Air and Missile Defense Organization, submit to the congressional defense committees an annual report outlining the following with regard to the strategy developed pursuant to subsection (a): (A) The activities conducted and progress made in developing and implementing the strategy over the previous calendar year. (B) The planned activities for developing and implementing the strategy in the upcoming year. (C) A description of likely risks and impediments to the successful implementation of the strategy. (2) Termination \nThe requirements of paragraph (1) shall terminate on the earlier of the following: (A) March 15, 2029. (B) The date on which a comprehensive integrated air and missile defense architecture for the area of responsibility of United States Indo-Pacific Command has achieved initial operational capability, as determined jointly by the Commander of United States Indo-Pacific Command and the Director of the Missile Defense Agency.", "id": "id6a8b77d64f854c4fa2921d1473430eb6", "header": "Annual report", "nested": [], "links": [] }, { "text": "(d) Limitations \nOf the equipment and components previously procured by the Department of Defense for the purposes of constructing the Homeland Defense Radar–Hawaii, none of such assets may be repurposed for other uses until the first annual report required by subsection (c)(1) is submitted to the congressional defense committees pursuant to such subsection.", "id": "id1c25ed90d69e4b0b8f61ba86789992b6", "header": "Limitations", "nested": [], "links": [] } ], "links": [] }, { "text": "1638. Modification of National Missile Defense policy \nSection 1681(a) of the of the National Defense Authorization Act for fiscal year 2017 ( Public Law 114–328 ; 10 U.S.C. 4205 note) is amended to read as follows: (a) Policy \nIt is the policy of the United States to— (1) maintain and improve, with funding subject to the annual authorization of appropriations and the annual appropriation of funds for National Missile Defense— (A) an effective, layered missile defense system capable of defending the territory of the United States against the developing and increasingly complex missile threat; and (B) an effective regional missile defense system capable of defending the allies, partners, and deployed forces of the United States against increasingly complex missile threats; and (2) rely on nuclear deterrence to address more sophisticated and larger quantity near-peer intercontinental missile threats to the homeland of the United States..", "id": "idc552e4fad7294d81b44b576c17574db1", "header": "Modification of National Missile Defense policy", "nested": [], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "10 U.S.C. 4205", "legal-doc": "usc", "parsable-cite": "usc/10/4205" } ] }, { "text": "1641. Electronic warfare \n(a) In general \nPart I of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter: 25 Electronic Warfare \nSec. 500. Electronic Warfare Executive Committee. 500a. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations. 500b. Annual report on electronic warfare strategy of the Department of Defense. 500c. Annual assessment of budget with respect to electronic warfare capabilities. 500d. Electromagnetic spectrum superiority implementation plan. 500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations. 500f. Evaluations of abilities of armed forces and combatant commands to perform electromagnetic spectrum operations missions. 500. Electronic Warfare Executive Committee \n(a) In general \nThere is within the Department of Defense an Electronic Warfare Executive Committee (in this section referred to as the Executive Committee ). (b) Purposes \nThe Executive Committee shall— (1) serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate matters relating to electronic warfare; (2) provide senior oversight, coordination, and budget and capability harmonization with respect to such matters; and (3) act as an advisory body to the Secretary of Defense, the Deputy Secretary of Defense, and the Management Action Group of the Deputy Secretary with respect to such matters. (c) Responsibilities \nThe Executive Committee shall— (1) advise key senior level decision-making bodies of the Department of Defense with respect to the development and implementation of acquisition investments relating to electronic warfare and electromagnetic spectrum operations of the Department, including relevant acquisition policies, projects, programs, modeling, and test and evaluation infrastructure; (2) provide a forum to enable synchronization and integration support with respect to the development and acquisition of electronic warfare capabilities— (A) by aligning the processes of the Department for requirements, research, development, acquisition, testing, and sustainment; and (B) carrying out other related duties; and (3) act as the senior level review forum for the portfolio of capability investments of the Department relating to electronic warfare and electromagnetic spectrum operations and other related matters. (d) Coordination with intelligence community \nThe Executive Committee, acting through the Under Secretary of Defense for Intelligence and Security, shall coordinate with the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) to generate requirements, facilitate collaboration, establish interfaces, and align efforts of the Department of Defense with respect to electronic warfare capability and acquisition with efforts of the intelligence community relating to electronic warfare capability and acquisition in areas of dependency or mutual interest between the Department and the intelligence community. (e) Meetings \n(1) Frequency \nThe Executive Committee shall hold meetings not less frequently than quarterly and as necessary to address particular issues. (2) Form \nThe Executive Committee may hold meetings by videoconference. (f) Membership \n(1) In general \nThe Executive Committee shall be composed of the following principal members: (A) The Under Secretary of Defense for Acquisition and Sustainment. (B) The Vice Chairman of the Joint Chiefs of Staff. (C) The Under Secretary of Defense for Intelligence and Security. (D) The Under Secretary of Defense for Policy. (E) The Commander of the United States Strategic Command. (F) The Chief Information Officer of the Department of Defense. (G) Such other Federal officers or employees as the Secretary of Defense considers appropriate, consistent with other authorities of the Department of Defense and publications of the Joint Staff, including the Charter for the Electronic Warfare Executive Committee, dated March 17, 2015. (g) Co-chairs of Executive Committee \n(1) In general \nThe Under Secretary of Defense for Acquisition and Sustainment and the Vice Chairman of the Joint Chiefs of Staff, or their designees, shall serve as co-chairs of the Executive Committee. (2) Responsibilities of co-chairs \nThe co-chairs of the Executive Committee shall— (A) preside at all Executive Committee meetings or have their designees preside at such meetings; (B) provide administrative control of the Executive Committee; (C) jointly guide the activities and actions of the Executive Committee; (D) approve all agendas for and summaries of meetings of the Executive Committee; (E) charter tailored working groups to conduct mission area analysis, as required, under subsection (i); and (F) perform such other duties as may be necessary to ensure the good order and functioning of the Executive Committee. (h) Electronic warfare capability team \n(1) In general \nThere is within the Executive Committee an electronic warfare capability team, which shall— (A) serve as a flag officer level focus group and executive secretariat subordinate to the Executive Committee; and (B) in that capacity— (i) provide initial senior level coordination on key electronic warfare issues; (ii) prepare recommended courses of action to present to the Executive Committee; and (iii) perform other related duties. (2) Co-chairs \nThe electronic warfare capability team shall be co-chaired by one representative from the Office of the Under Secretary of Defense for Acquisition and Sustainment and one representative from the Force Structure, Resources, and Assessment Directorate of the Joint Staff (J–8). (3) Staff \nThe principal members of the Executive Committee shall designate representatives from their respective staffs to the electronic warfare capability team. (i) Mission area working groups \n(1) In general \nThe Executive Committee shall establish mission area working groups on a temporary basis— (A) to address specific issues and mission areas relating to electronic warfare and electromagnetic spectrum operations; (B) to involve subject matter experts and components of the Department of Defense with expertise in electronic warfare and electromagnetic spectrum operations; and (C) to perform other related duties. (2) Dissolution \nThe Executive Committee shall dissolve a mission area working group established under paragraph (1) once the issue the working group was established to address is satisfactorily resolved. (j) Administration \nThe Under Secretary of Defense for Acquisition and Sustainment shall administratively support the Executive Committee, including by designating not fewer than two officials of the Department of Defense to support the day-to-day operations of the Executive Committee. (k) Report to Congress \nNot later than February 28, 2024, and annually thereafter through 2030, the Executive Committee shall submit to the congressional defense committees a summary of activities of the Executive Committee during the preceding fiscal year. 500a. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations \nThe Secretary of Defense shall— (1) establish processes and procedures to develop, integrate, and enhance the electronic warfare mission area and the conduct of joint electromagnetic spectrum operations in all domains across the Department of Defense; and (2) ensure that such processes and procedures provide for integrated defense-wide strategy, planning, and budgeting with respect to the conduct of such operations by the Department, including activities conducted to counter and deter such operations by malign actors. 500b. Annual report on electronic warfare strategy of the Department of Defense \n(a) In general \nAt the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretary of each of the military departments, shall submit to the congressional defense committees an annual report on the electronic warfare strategy of the Department of Defense. (b) Contents of report \nEach report required under subsection (a) shall include each of the following: (1) A description and overview of— (A) the electronic warfare strategy of the Department of Defense; (B) how such strategy supports the National Defense Strategy; and (C) the organizational structure assigned to oversee the development of the Department's electronic warfare strategy, requirements, capabilities, programs, and projects. (2) A list of all the electronic warfare acquisition programs and research and development projects of the Department of Defense and a description of how each program or project supports the Department's electronic warfare strategy. (3) For each unclassified program or project on the list required by paragraph (2)— (A) the senior acquisition executive and organization responsible for oversight of the program or project; (B) whether or not validated requirements exist for the program or project and, if such requirements do exist, the date on which the requirements were validated and the organizational authority that validated such requirements; (C) the total amount of funding appropriated, obligated, and forecasted by fiscal year for the program or project, including the program element or procurement line number from which the program or project receives funding; (D) the development or procurement schedule for the program or project; (E) an assessment of the cost, schedule, and performance of the program or project as it relates to the program baseline for the program or project, as of the date of the submission of the report, and the original program baseline for such program or project, if such baselines are not the same; (F) the technology readiness level of each critical technology that is part of the program or project; (G) whether or not the program or project is redundant or overlaps with the efforts of another military department; and (H) the capability gap that the program or project is being developed or procured to fulfill. (4) A classified annex that contains the items described in subparagraphs (A) through (H) of paragraph (3) for each classified program or project on the list required by paragraph (2). 500c. Annual assessment of budget with respect to electronic warfare capabilities \nAt the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense shall submit to the congressional defense committees an assessment by the Director of Cost Assessment and Program Evaluation as to whether sufficient funds are requested in such budget for anticipated activities in such fiscal year for each of the following: (1) The development of an electromagnetic battle management capability for joint electromagnetic spectrum operations. (2) The establishment and operation of associated joint electromagnetic spectrum operations cells. 500d. Electromagnetic spectrum superiority implementation plan \n(a) In general \nThe Chief Information Officer of the Department of Defense shall be responsible for oversight of the electromagnetic superiority implementation plan. (b) Report required \nConcurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chief Information Officer shall submit to the congressional defense committees a report that includes the following with respect to the electromagnetic superiority implementation plan: (1) The implementation plan in effect as of the date of the report, noting any revisions from the preceding plan. (2) A statement of the elements of the implementation plan that have been achieved. (3) For each element that has been achieved, an assessment of whether the element is having its intended effect. (4) For any element that has not been achieved, an assessment of progress made in achieving the element, including a description of any obstacles that may hinder further progress. (5) For any element that has been removed from the implementation plan, a description of the reason for the removal of the element and an assessment of the impact of not pursuing achievement of the element. (6) Such additional matters as the Chief Information Officer considers appropriate. (c) Electromagnetic superiority implementation plan defined \nIn this section, the term electromagnetic superiority implementation plan means the Electromagnetic Superiority Implementation Plan signed by the Secretary of Defense on July 15, 2021, and any successor plan. 500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations \n(a) In general \nNot later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary of Defense shall establish an Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations (in this section referred to as the operational lead ) at the United States Strategic Command, which shall report to the Commander of the United States Strategic Command. (b) Function \nThe operational lead shall be responsible for synchronizing, assessing, and making recommendations to the Chairman of the Joint Chiefs of Staff with respect to the readiness of the combatant commands to conduct joint electromagnetic spectrum operations. (c) Briefings required \nConcurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chairman, acting through the operational lead, shall brief to the congressional defense committees on the following: (1) Progress made in achieving full operational capability to conduct joint electromagnetic spectrum operations and any impediments to achieving such capability. (2) The readiness of the combatant commands to conduct such operations. (3) Recommendations for overcoming any deficiencies in the readiness of the combatant commands to conduct such operations and any material gaps contributing to such deficiencies. (4) Such other matters as the Chairman considers important to ensuring that the combatant commands are capable of conducting such operations. 500f. Evaluations of abilities of armed forces and combatant commands to perform electromagnetic spectrum operations missions \n(a) Evaluations of armed forces \n(1) In general \nNot later than October 1, 2024, and annually thereafter through 2029, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations shall each carry out an evaluation of the ability of the armed force concerned to perform electromagnetic spectrum operations missions required by each of the following: (A) The Electromagnetic Spectrum Superiority Strategy. (B) The Joint Staff-developed concept of operations for electromagnetic spectrum operations. (C) The operations and contingency plans of the combatant commands. (2) Certification required \nNot later than December 31 of each year in which evaluations are required under paragraph (1), each official specified in that paragraph shall certify to the congressional defense committees that the evaluation required to be carried out by that official has occurred. (3) Elements \nEach evaluation under paragraph (1) shall include an assessment of the following: (A) Current programs of record, including— (i) the ability of weapon systems to perform missions in contested electromagnetic spectrum environments; and (ii) the ability of electronic warfare capabilities to disrupt adversary operations. (B) Future programs of record, including— (i) the need for distributed or network-centric electronic warfare and signals intelligence capabilities; and (ii) the need for automated and machine learning- or artificial intelligence-assisted electronic warfare capabilities. (C) Order of battle. (D) Individual and unit training. (E) Tactics, techniques, and procedures, including— (i) maneuver, distribution of assets, and the use of decoys; and (ii) integration of non-kinetic and kinetic fires. (F) Other matters relevant to evaluating the ability of the armed force concerned to perform electromagnetic spectrum operations missions described in paragraph (1). (b) Evaluations of combatant commands \n(1) In general \nNot later than October 1, 2024, and annually thereafter through 2029, the Chairman of the Joint Chiefs of Staff, acting through the Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations established under section 500e (in this section referred to as the operational lead ), shall carry out an evaluation of the plans and posture of the combatant commands to execute the electromagnetic spectrum operations envisioned in each of the following: (A) The Electromagnetic Spectrum Superiority Strategy. (B) The Joint Staff-developed concept of operations for electromagnetic spectrum operations. (2) Elements \nEach evaluation under paragraph (1) shall include an assessment, as relevant, of the following: (A) Operation and contingency plans. (B) The manning, organizational alignment, and capability of joint electromagnetic spectrum operations cells. (C) Mission rehearsal and exercises. (D) Force positioning, posture, and readiness. (3) Briefing required \nNot later than December 31 of each year in which an evaluation is required under paragraph (A), the Chairman of the Joint Chiefs of Staff, acting through the operational lead, shall brief the congressional defense committees on the results of the evaluation.. (b) Clerical amendment \nThe tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part I of such subtitle, are each amended by inserting after the item relating to chapter 24 the following new item: 25. Electronic Warfare 500. (c) Conforming repeal \nSection 1053 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 113 note) is repealed.", "id": "id3cf467aa76f247dfb960748d6bbcab4b", "header": "Electronic warfare", "nested": [ { "text": "(a) In general \nPart I of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter: 25 Electronic Warfare \nSec. 500. Electronic Warfare Executive Committee. 500a. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations. 500b. Annual report on electronic warfare strategy of the Department of Defense. 500c. Annual assessment of budget with respect to electronic warfare capabilities. 500d. Electromagnetic spectrum superiority implementation plan. 500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations. 500f. Evaluations of abilities of armed forces and combatant commands to perform electromagnetic spectrum operations missions. 500. Electronic Warfare Executive Committee \n(a) In general \nThere is within the Department of Defense an Electronic Warfare Executive Committee (in this section referred to as the Executive Committee ). (b) Purposes \nThe Executive Committee shall— (1) serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate matters relating to electronic warfare; (2) provide senior oversight, coordination, and budget and capability harmonization with respect to such matters; and (3) act as an advisory body to the Secretary of Defense, the Deputy Secretary of Defense, and the Management Action Group of the Deputy Secretary with respect to such matters. (c) Responsibilities \nThe Executive Committee shall— (1) advise key senior level decision-making bodies of the Department of Defense with respect to the development and implementation of acquisition investments relating to electronic warfare and electromagnetic spectrum operations of the Department, including relevant acquisition policies, projects, programs, modeling, and test and evaluation infrastructure; (2) provide a forum to enable synchronization and integration support with respect to the development and acquisition of electronic warfare capabilities— (A) by aligning the processes of the Department for requirements, research, development, acquisition, testing, and sustainment; and (B) carrying out other related duties; and (3) act as the senior level review forum for the portfolio of capability investments of the Department relating to electronic warfare and electromagnetic spectrum operations and other related matters. (d) Coordination with intelligence community \nThe Executive Committee, acting through the Under Secretary of Defense for Intelligence and Security, shall coordinate with the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) to generate requirements, facilitate collaboration, establish interfaces, and align efforts of the Department of Defense with respect to electronic warfare capability and acquisition with efforts of the intelligence community relating to electronic warfare capability and acquisition in areas of dependency or mutual interest between the Department and the intelligence community. (e) Meetings \n(1) Frequency \nThe Executive Committee shall hold meetings not less frequently than quarterly and as necessary to address particular issues. (2) Form \nThe Executive Committee may hold meetings by videoconference. (f) Membership \n(1) In general \nThe Executive Committee shall be composed of the following principal members: (A) The Under Secretary of Defense for Acquisition and Sustainment. (B) The Vice Chairman of the Joint Chiefs of Staff. (C) The Under Secretary of Defense for Intelligence and Security. (D) The Under Secretary of Defense for Policy. (E) The Commander of the United States Strategic Command. (F) The Chief Information Officer of the Department of Defense. (G) Such other Federal officers or employees as the Secretary of Defense considers appropriate, consistent with other authorities of the Department of Defense and publications of the Joint Staff, including the Charter for the Electronic Warfare Executive Committee, dated March 17, 2015. (g) Co-chairs of Executive Committee \n(1) In general \nThe Under Secretary of Defense for Acquisition and Sustainment and the Vice Chairman of the Joint Chiefs of Staff, or their designees, shall serve as co-chairs of the Executive Committee. (2) Responsibilities of co-chairs \nThe co-chairs of the Executive Committee shall— (A) preside at all Executive Committee meetings or have their designees preside at such meetings; (B) provide administrative control of the Executive Committee; (C) jointly guide the activities and actions of the Executive Committee; (D) approve all agendas for and summaries of meetings of the Executive Committee; (E) charter tailored working groups to conduct mission area analysis, as required, under subsection (i); and (F) perform such other duties as may be necessary to ensure the good order and functioning of the Executive Committee. (h) Electronic warfare capability team \n(1) In general \nThere is within the Executive Committee an electronic warfare capability team, which shall— (A) serve as a flag officer level focus group and executive secretariat subordinate to the Executive Committee; and (B) in that capacity— (i) provide initial senior level coordination on key electronic warfare issues; (ii) prepare recommended courses of action to present to the Executive Committee; and (iii) perform other related duties. (2) Co-chairs \nThe electronic warfare capability team shall be co-chaired by one representative from the Office of the Under Secretary of Defense for Acquisition and Sustainment and one representative from the Force Structure, Resources, and Assessment Directorate of the Joint Staff (J–8). (3) Staff \nThe principal members of the Executive Committee shall designate representatives from their respective staffs to the electronic warfare capability team. (i) Mission area working groups \n(1) In general \nThe Executive Committee shall establish mission area working groups on a temporary basis— (A) to address specific issues and mission areas relating to electronic warfare and electromagnetic spectrum operations; (B) to involve subject matter experts and components of the Department of Defense with expertise in electronic warfare and electromagnetic spectrum operations; and (C) to perform other related duties. (2) Dissolution \nThe Executive Committee shall dissolve a mission area working group established under paragraph (1) once the issue the working group was established to address is satisfactorily resolved. (j) Administration \nThe Under Secretary of Defense for Acquisition and Sustainment shall administratively support the Executive Committee, including by designating not fewer than two officials of the Department of Defense to support the day-to-day operations of the Executive Committee. (k) Report to Congress \nNot later than February 28, 2024, and annually thereafter through 2030, the Executive Committee shall submit to the congressional defense committees a summary of activities of the Executive Committee during the preceding fiscal year. 500a. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations \nThe Secretary of Defense shall— (1) establish processes and procedures to develop, integrate, and enhance the electronic warfare mission area and the conduct of joint electromagnetic spectrum operations in all domains across the Department of Defense; and (2) ensure that such processes and procedures provide for integrated defense-wide strategy, planning, and budgeting with respect to the conduct of such operations by the Department, including activities conducted to counter and deter such operations by malign actors. 500b. Annual report on electronic warfare strategy of the Department of Defense \n(a) In general \nAt the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretary of each of the military departments, shall submit to the congressional defense committees an annual report on the electronic warfare strategy of the Department of Defense. (b) Contents of report \nEach report required under subsection (a) shall include each of the following: (1) A description and overview of— (A) the electronic warfare strategy of the Department of Defense; (B) how such strategy supports the National Defense Strategy; and (C) the organizational structure assigned to oversee the development of the Department's electronic warfare strategy, requirements, capabilities, programs, and projects. (2) A list of all the electronic warfare acquisition programs and research and development projects of the Department of Defense and a description of how each program or project supports the Department's electronic warfare strategy. (3) For each unclassified program or project on the list required by paragraph (2)— (A) the senior acquisition executive and organization responsible for oversight of the program or project; (B) whether or not validated requirements exist for the program or project and, if such requirements do exist, the date on which the requirements were validated and the organizational authority that validated such requirements; (C) the total amount of funding appropriated, obligated, and forecasted by fiscal year for the program or project, including the program element or procurement line number from which the program or project receives funding; (D) the development or procurement schedule for the program or project; (E) an assessment of the cost, schedule, and performance of the program or project as it relates to the program baseline for the program or project, as of the date of the submission of the report, and the original program baseline for such program or project, if such baselines are not the same; (F) the technology readiness level of each critical technology that is part of the program or project; (G) whether or not the program or project is redundant or overlaps with the efforts of another military department; and (H) the capability gap that the program or project is being developed or procured to fulfill. (4) A classified annex that contains the items described in subparagraphs (A) through (H) of paragraph (3) for each classified program or project on the list required by paragraph (2). 500c. Annual assessment of budget with respect to electronic warfare capabilities \nAt the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense shall submit to the congressional defense committees an assessment by the Director of Cost Assessment and Program Evaluation as to whether sufficient funds are requested in such budget for anticipated activities in such fiscal year for each of the following: (1) The development of an electromagnetic battle management capability for joint electromagnetic spectrum operations. (2) The establishment and operation of associated joint electromagnetic spectrum operations cells. 500d. Electromagnetic spectrum superiority implementation plan \n(a) In general \nThe Chief Information Officer of the Department of Defense shall be responsible for oversight of the electromagnetic superiority implementation plan. (b) Report required \nConcurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chief Information Officer shall submit to the congressional defense committees a report that includes the following with respect to the electromagnetic superiority implementation plan: (1) The implementation plan in effect as of the date of the report, noting any revisions from the preceding plan. (2) A statement of the elements of the implementation plan that have been achieved. (3) For each element that has been achieved, an assessment of whether the element is having its intended effect. (4) For any element that has not been achieved, an assessment of progress made in achieving the element, including a description of any obstacles that may hinder further progress. (5) For any element that has been removed from the implementation plan, a description of the reason for the removal of the element and an assessment of the impact of not pursuing achievement of the element. (6) Such additional matters as the Chief Information Officer considers appropriate. (c) Electromagnetic superiority implementation plan defined \nIn this section, the term electromagnetic superiority implementation plan means the Electromagnetic Superiority Implementation Plan signed by the Secretary of Defense on July 15, 2021, and any successor plan. 500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations \n(a) In general \nNot later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary of Defense shall establish an Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations (in this section referred to as the operational lead ) at the United States Strategic Command, which shall report to the Commander of the United States Strategic Command. (b) Function \nThe operational lead shall be responsible for synchronizing, assessing, and making recommendations to the Chairman of the Joint Chiefs of Staff with respect to the readiness of the combatant commands to conduct joint electromagnetic spectrum operations. (c) Briefings required \nConcurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chairman, acting through the operational lead, shall brief to the congressional defense committees on the following: (1) Progress made in achieving full operational capability to conduct joint electromagnetic spectrum operations and any impediments to achieving such capability. (2) The readiness of the combatant commands to conduct such operations. (3) Recommendations for overcoming any deficiencies in the readiness of the combatant commands to conduct such operations and any material gaps contributing to such deficiencies. (4) Such other matters as the Chairman considers important to ensuring that the combatant commands are capable of conducting such operations. 500f. Evaluations of abilities of armed forces and combatant commands to perform electromagnetic spectrum operations missions \n(a) Evaluations of armed forces \n(1) In general \nNot later than October 1, 2024, and annually thereafter through 2029, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations shall each carry out an evaluation of the ability of the armed force concerned to perform electromagnetic spectrum operations missions required by each of the following: (A) The Electromagnetic Spectrum Superiority Strategy. (B) The Joint Staff-developed concept of operations for electromagnetic spectrum operations. (C) The operations and contingency plans of the combatant commands. (2) Certification required \nNot later than December 31 of each year in which evaluations are required under paragraph (1), each official specified in that paragraph shall certify to the congressional defense committees that the evaluation required to be carried out by that official has occurred. (3) Elements \nEach evaluation under paragraph (1) shall include an assessment of the following: (A) Current programs of record, including— (i) the ability of weapon systems to perform missions in contested electromagnetic spectrum environments; and (ii) the ability of electronic warfare capabilities to disrupt adversary operations. (B) Future programs of record, including— (i) the need for distributed or network-centric electronic warfare and signals intelligence capabilities; and (ii) the need for automated and machine learning- or artificial intelligence-assisted electronic warfare capabilities. (C) Order of battle. (D) Individual and unit training. (E) Tactics, techniques, and procedures, including— (i) maneuver, distribution of assets, and the use of decoys; and (ii) integration of non-kinetic and kinetic fires. (F) Other matters relevant to evaluating the ability of the armed force concerned to perform electromagnetic spectrum operations missions described in paragraph (1). (b) Evaluations of combatant commands \n(1) In general \nNot later than October 1, 2024, and annually thereafter through 2029, the Chairman of the Joint Chiefs of Staff, acting through the Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations established under section 500e (in this section referred to as the operational lead ), shall carry out an evaluation of the plans and posture of the combatant commands to execute the electromagnetic spectrum operations envisioned in each of the following: (A) The Electromagnetic Spectrum Superiority Strategy. (B) The Joint Staff-developed concept of operations for electromagnetic spectrum operations. (2) Elements \nEach evaluation under paragraph (1) shall include an assessment, as relevant, of the following: (A) Operation and contingency plans. (B) The manning, organizational alignment, and capability of joint electromagnetic spectrum operations cells. (C) Mission rehearsal and exercises. (D) Force positioning, posture, and readiness. (3) Briefing required \nNot later than December 31 of each year in which an evaluation is required under paragraph (A), the Chairman of the Joint Chiefs of Staff, acting through the operational lead, shall brief the congressional defense committees on the results of the evaluation..", "id": "ida4ffa1b60eb8456d8e81341f433e3b8d", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "(b) Clerical amendment \nThe tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part I of such subtitle, are each amended by inserting after the item relating to chapter 24 the following new item: 25. Electronic Warfare 500.", "id": "id8464b0a4bbfb4d1aa8791598a5513f62", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Conforming repeal \nSection 1053 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 113 note) is repealed.", "id": "ide26dbdefe2be4d31bdb31f7641b8033b", "header": "Conforming repeal", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "10 U.S.C. 113", "legal-doc": "usc", "parsable-cite": "usc/10/113" } ] } ], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "10 U.S.C. 113", "legal-doc": "usc", "parsable-cite": "usc/10/113" } ] }, { "text": "500. Electronic Warfare Executive Committee \n(a) In general \nThere is within the Department of Defense an Electronic Warfare Executive Committee (in this section referred to as the Executive Committee ). (b) Purposes \nThe Executive Committee shall— (1) serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate matters relating to electronic warfare; (2) provide senior oversight, coordination, and budget and capability harmonization with respect to such matters; and (3) act as an advisory body to the Secretary of Defense, the Deputy Secretary of Defense, and the Management Action Group of the Deputy Secretary with respect to such matters. (c) Responsibilities \nThe Executive Committee shall— (1) advise key senior level decision-making bodies of the Department of Defense with respect to the development and implementation of acquisition investments relating to electronic warfare and electromagnetic spectrum operations of the Department, including relevant acquisition policies, projects, programs, modeling, and test and evaluation infrastructure; (2) provide a forum to enable synchronization and integration support with respect to the development and acquisition of electronic warfare capabilities— (A) by aligning the processes of the Department for requirements, research, development, acquisition, testing, and sustainment; and (B) carrying out other related duties; and (3) act as the senior level review forum for the portfolio of capability investments of the Department relating to electronic warfare and electromagnetic spectrum operations and other related matters. (d) Coordination with intelligence community \nThe Executive Committee, acting through the Under Secretary of Defense for Intelligence and Security, shall coordinate with the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) to generate requirements, facilitate collaboration, establish interfaces, and align efforts of the Department of Defense with respect to electronic warfare capability and acquisition with efforts of the intelligence community relating to electronic warfare capability and acquisition in areas of dependency or mutual interest between the Department and the intelligence community. (e) Meetings \n(1) Frequency \nThe Executive Committee shall hold meetings not less frequently than quarterly and as necessary to address particular issues. (2) Form \nThe Executive Committee may hold meetings by videoconference. (f) Membership \n(1) In general \nThe Executive Committee shall be composed of the following principal members: (A) The Under Secretary of Defense for Acquisition and Sustainment. (B) The Vice Chairman of the Joint Chiefs of Staff. (C) The Under Secretary of Defense for Intelligence and Security. (D) The Under Secretary of Defense for Policy. (E) The Commander of the United States Strategic Command. (F) The Chief Information Officer of the Department of Defense. (G) Such other Federal officers or employees as the Secretary of Defense considers appropriate, consistent with other authorities of the Department of Defense and publications of the Joint Staff, including the Charter for the Electronic Warfare Executive Committee, dated March 17, 2015. (g) Co-chairs of Executive Committee \n(1) In general \nThe Under Secretary of Defense for Acquisition and Sustainment and the Vice Chairman of the Joint Chiefs of Staff, or their designees, shall serve as co-chairs of the Executive Committee. (2) Responsibilities of co-chairs \nThe co-chairs of the Executive Committee shall— (A) preside at all Executive Committee meetings or have their designees preside at such meetings; (B) provide administrative control of the Executive Committee; (C) jointly guide the activities and actions of the Executive Committee; (D) approve all agendas for and summaries of meetings of the Executive Committee; (E) charter tailored working groups to conduct mission area analysis, as required, under subsection (i); and (F) perform such other duties as may be necessary to ensure the good order and functioning of the Executive Committee. (h) Electronic warfare capability team \n(1) In general \nThere is within the Executive Committee an electronic warfare capability team, which shall— (A) serve as a flag officer level focus group and executive secretariat subordinate to the Executive Committee; and (B) in that capacity— (i) provide initial senior level coordination on key electronic warfare issues; (ii) prepare recommended courses of action to present to the Executive Committee; and (iii) perform other related duties. (2) Co-chairs \nThe electronic warfare capability team shall be co-chaired by one representative from the Office of the Under Secretary of Defense for Acquisition and Sustainment and one representative from the Force Structure, Resources, and Assessment Directorate of the Joint Staff (J–8). (3) Staff \nThe principal members of the Executive Committee shall designate representatives from their respective staffs to the electronic warfare capability team. (i) Mission area working groups \n(1) In general \nThe Executive Committee shall establish mission area working groups on a temporary basis— (A) to address specific issues and mission areas relating to electronic warfare and electromagnetic spectrum operations; (B) to involve subject matter experts and components of the Department of Defense with expertise in electronic warfare and electromagnetic spectrum operations; and (C) to perform other related duties. (2) Dissolution \nThe Executive Committee shall dissolve a mission area working group established under paragraph (1) once the issue the working group was established to address is satisfactorily resolved. (j) Administration \nThe Under Secretary of Defense for Acquisition and Sustainment shall administratively support the Executive Committee, including by designating not fewer than two officials of the Department of Defense to support the day-to-day operations of the Executive Committee. (k) Report to Congress \nNot later than February 28, 2024, and annually thereafter through 2030, the Executive Committee shall submit to the congressional defense committees a summary of activities of the Executive Committee during the preceding fiscal year.", "id": "PH37CEF83239054451870D0E2BCA79EA4F", "header": "Electronic Warfare Executive Committee", "nested": [ { "text": "(a) In general \nThere is within the Department of Defense an Electronic Warfare Executive Committee (in this section referred to as the Executive Committee ).", "id": "ida606729d1bce4bf9adf9803bf6b82da2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Purposes \nThe Executive Committee shall— (1) serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate matters relating to electronic warfare; (2) provide senior oversight, coordination, and budget and capability harmonization with respect to such matters; and (3) act as an advisory body to the Secretary of Defense, the Deputy Secretary of Defense, and the Management Action Group of the Deputy Secretary with respect to such matters.", "id": "id13f895c070bd4938a43628ad6123cb5c", "header": "Purposes", "nested": [], "links": [] }, { "text": "(c) Responsibilities \nThe Executive Committee shall— (1) advise key senior level decision-making bodies of the Department of Defense with respect to the development and implementation of acquisition investments relating to electronic warfare and electromagnetic spectrum operations of the Department, including relevant acquisition policies, projects, programs, modeling, and test and evaluation infrastructure; (2) provide a forum to enable synchronization and integration support with respect to the development and acquisition of electronic warfare capabilities— (A) by aligning the processes of the Department for requirements, research, development, acquisition, testing, and sustainment; and (B) carrying out other related duties; and (3) act as the senior level review forum for the portfolio of capability investments of the Department relating to electronic warfare and electromagnetic spectrum operations and other related matters.", "id": "id4ead1d3e9e2f4f428aed645b639ce299", "header": "Responsibilities", "nested": [], "links": [] }, { "text": "(d) Coordination with intelligence community \nThe Executive Committee, acting through the Under Secretary of Defense for Intelligence and Security, shall coordinate with the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) to generate requirements, facilitate collaboration, establish interfaces, and align efforts of the Department of Defense with respect to electronic warfare capability and acquisition with efforts of the intelligence community relating to electronic warfare capability and acquisition in areas of dependency or mutual interest between the Department and the intelligence community.", "id": "id620331f6333147a6bfec6d4d9d131a55", "header": "Coordination with intelligence community", "nested": [], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "(e) Meetings \n(1) Frequency \nThe Executive Committee shall hold meetings not less frequently than quarterly and as necessary to address particular issues. (2) Form \nThe Executive Committee may hold meetings by videoconference.", "id": "ideaa53a494a024db3a9733374aaee0ad9", "header": "Meetings", "nested": [], "links": [] }, { "text": "(f) Membership \n(1) In general \nThe Executive Committee shall be composed of the following principal members: (A) The Under Secretary of Defense for Acquisition and Sustainment. (B) The Vice Chairman of the Joint Chiefs of Staff. (C) The Under Secretary of Defense for Intelligence and Security. (D) The Under Secretary of Defense for Policy. (E) The Commander of the United States Strategic Command. (F) The Chief Information Officer of the Department of Defense. (G) Such other Federal officers or employees as the Secretary of Defense considers appropriate, consistent with other authorities of the Department of Defense and publications of the Joint Staff, including the Charter for the Electronic Warfare Executive Committee, dated March 17, 2015.", "id": "idf8c013cc585742d28eab1265fb406160", "header": "Membership", "nested": [], "links": [] }, { "text": "(g) Co-chairs of Executive Committee \n(1) In general \nThe Under Secretary of Defense for Acquisition and Sustainment and the Vice Chairman of the Joint Chiefs of Staff, or their designees, shall serve as co-chairs of the Executive Committee. (2) Responsibilities of co-chairs \nThe co-chairs of the Executive Committee shall— (A) preside at all Executive Committee meetings or have their designees preside at such meetings; (B) provide administrative control of the Executive Committee; (C) jointly guide the activities and actions of the Executive Committee; (D) approve all agendas for and summaries of meetings of the Executive Committee; (E) charter tailored working groups to conduct mission area analysis, as required, under subsection (i); and (F) perform such other duties as may be necessary to ensure the good order and functioning of the Executive Committee.", "id": "id37f3bcb7289a48d9bbfdd50779d32a40", "header": "Co-chairs of Executive Committee", "nested": [], "links": [] }, { "text": "(h) Electronic warfare capability team \n(1) In general \nThere is within the Executive Committee an electronic warfare capability team, which shall— (A) serve as a flag officer level focus group and executive secretariat subordinate to the Executive Committee; and (B) in that capacity— (i) provide initial senior level coordination on key electronic warfare issues; (ii) prepare recommended courses of action to present to the Executive Committee; and (iii) perform other related duties. (2) Co-chairs \nThe electronic warfare capability team shall be co-chaired by one representative from the Office of the Under Secretary of Defense for Acquisition and Sustainment and one representative from the Force Structure, Resources, and Assessment Directorate of the Joint Staff (J–8). (3) Staff \nThe principal members of the Executive Committee shall designate representatives from their respective staffs to the electronic warfare capability team.", "id": "id007bdd3353054d79b6cee279f1f2a59a", "header": "Electronic warfare capability team", "nested": [], "links": [] }, { "text": "(i) Mission area working groups \n(1) In general \nThe Executive Committee shall establish mission area working groups on a temporary basis— (A) to address specific issues and mission areas relating to electronic warfare and electromagnetic spectrum operations; (B) to involve subject matter experts and components of the Department of Defense with expertise in electronic warfare and electromagnetic spectrum operations; and (C) to perform other related duties. (2) Dissolution \nThe Executive Committee shall dissolve a mission area working group established under paragraph (1) once the issue the working group was established to address is satisfactorily resolved.", "id": "id7678717e701145f7b06c364afbe0d001", "header": "Mission area working groups", "nested": [], "links": [] }, { "text": "(j) Administration \nThe Under Secretary of Defense for Acquisition and Sustainment shall administratively support the Executive Committee, including by designating not fewer than two officials of the Department of Defense to support the day-to-day operations of the Executive Committee.", "id": "idcbb373a616d741018cd13df68bd4fadc", "header": "Administration", "nested": [], "links": [] }, { "text": "(k) Report to Congress \nNot later than February 28, 2024, and annually thereafter through 2030, the Executive Committee shall submit to the congressional defense committees a summary of activities of the Executive Committee during the preceding fiscal year.", "id": "ida9d272d7b10b4253b79fb69552f2a161", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "500a. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations \nThe Secretary of Defense shall— (1) establish processes and procedures to develop, integrate, and enhance the electronic warfare mission area and the conduct of joint electromagnetic spectrum operations in all domains across the Department of Defense; and (2) ensure that such processes and procedures provide for integrated defense-wide strategy, planning, and budgeting with respect to the conduct of such operations by the Department, including activities conducted to counter and deter such operations by malign actors.", "id": "idffc21e315c6b4f88b232dd6d860640e5", "header": "Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations", "nested": [], "links": [] }, { "text": "500b. Annual report on electronic warfare strategy of the Department of Defense \n(a) In general \nAt the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretary of each of the military departments, shall submit to the congressional defense committees an annual report on the electronic warfare strategy of the Department of Defense. (b) Contents of report \nEach report required under subsection (a) shall include each of the following: (1) A description and overview of— (A) the electronic warfare strategy of the Department of Defense; (B) how such strategy supports the National Defense Strategy; and (C) the organizational structure assigned to oversee the development of the Department's electronic warfare strategy, requirements, capabilities, programs, and projects. (2) A list of all the electronic warfare acquisition programs and research and development projects of the Department of Defense and a description of how each program or project supports the Department's electronic warfare strategy. (3) For each unclassified program or project on the list required by paragraph (2)— (A) the senior acquisition executive and organization responsible for oversight of the program or project; (B) whether or not validated requirements exist for the program or project and, if such requirements do exist, the date on which the requirements were validated and the organizational authority that validated such requirements; (C) the total amount of funding appropriated, obligated, and forecasted by fiscal year for the program or project, including the program element or procurement line number from which the program or project receives funding; (D) the development or procurement schedule for the program or project; (E) an assessment of the cost, schedule, and performance of the program or project as it relates to the program baseline for the program or project, as of the date of the submission of the report, and the original program baseline for such program or project, if such baselines are not the same; (F) the technology readiness level of each critical technology that is part of the program or project; (G) whether or not the program or project is redundant or overlaps with the efforts of another military department; and (H) the capability gap that the program or project is being developed or procured to fulfill. (4) A classified annex that contains the items described in subparagraphs (A) through (H) of paragraph (3) for each classified program or project on the list required by paragraph (2).", "id": "id79556672c5b94221951953e640847679", "header": "Annual report on electronic warfare strategy of the Department of Defense", "nested": [ { "text": "(a) In general \nAt the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretary of each of the military departments, shall submit to the congressional defense committees an annual report on the electronic warfare strategy of the Department of Defense.", "id": "id5f8e0ba3e03b435d9a5e7b3c5853a1a1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents of report \nEach report required under subsection (a) shall include each of the following: (1) A description and overview of— (A) the electronic warfare strategy of the Department of Defense; (B) how such strategy supports the National Defense Strategy; and (C) the organizational structure assigned to oversee the development of the Department's electronic warfare strategy, requirements, capabilities, programs, and projects. (2) A list of all the electronic warfare acquisition programs and research and development projects of the Department of Defense and a description of how each program or project supports the Department's electronic warfare strategy. (3) For each unclassified program or project on the list required by paragraph (2)— (A) the senior acquisition executive and organization responsible for oversight of the program or project; (B) whether or not validated requirements exist for the program or project and, if such requirements do exist, the date on which the requirements were validated and the organizational authority that validated such requirements; (C) the total amount of funding appropriated, obligated, and forecasted by fiscal year for the program or project, including the program element or procurement line number from which the program or project receives funding; (D) the development or procurement schedule for the program or project; (E) an assessment of the cost, schedule, and performance of the program or project as it relates to the program baseline for the program or project, as of the date of the submission of the report, and the original program baseline for such program or project, if such baselines are not the same; (F) the technology readiness level of each critical technology that is part of the program or project; (G) whether or not the program or project is redundant or overlaps with the efforts of another military department; and (H) the capability gap that the program or project is being developed or procured to fulfill. (4) A classified annex that contains the items described in subparagraphs (A) through (H) of paragraph (3) for each classified program or project on the list required by paragraph (2).", "id": "ida37cb98e680d4d37a8366eb59b1f2282", "header": "Contents of report", "nested": [], "links": [] } ], "links": [] }, { "text": "500c. Annual assessment of budget with respect to electronic warfare capabilities \nAt the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense shall submit to the congressional defense committees an assessment by the Director of Cost Assessment and Program Evaluation as to whether sufficient funds are requested in such budget for anticipated activities in such fiscal year for each of the following: (1) The development of an electromagnetic battle management capability for joint electromagnetic spectrum operations. (2) The establishment and operation of associated joint electromagnetic spectrum operations cells.", "id": "id592e65e50ba946bc8e49795fa4f9475f", "header": "Annual assessment of budget with respect to electronic warfare capabilities", "nested": [], "links": [] }, { "text": "500d. Electromagnetic spectrum superiority implementation plan \n(a) In general \nThe Chief Information Officer of the Department of Defense shall be responsible for oversight of the electromagnetic superiority implementation plan. (b) Report required \nConcurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chief Information Officer shall submit to the congressional defense committees a report that includes the following with respect to the electromagnetic superiority implementation plan: (1) The implementation plan in effect as of the date of the report, noting any revisions from the preceding plan. (2) A statement of the elements of the implementation plan that have been achieved. (3) For each element that has been achieved, an assessment of whether the element is having its intended effect. (4) For any element that has not been achieved, an assessment of progress made in achieving the element, including a description of any obstacles that may hinder further progress. (5) For any element that has been removed from the implementation plan, a description of the reason for the removal of the element and an assessment of the impact of not pursuing achievement of the element. (6) Such additional matters as the Chief Information Officer considers appropriate. (c) Electromagnetic superiority implementation plan defined \nIn this section, the term electromagnetic superiority implementation plan means the Electromagnetic Superiority Implementation Plan signed by the Secretary of Defense on July 15, 2021, and any successor plan.", "id": "idde16fdf94b12497da3b6f1944f46c7ab", "header": "Electromagnetic spectrum superiority implementation plan", "nested": [ { "text": "(a) In general \nThe Chief Information Officer of the Department of Defense shall be responsible for oversight of the electromagnetic superiority implementation plan.", "id": "id9e3c4e0e570a42b29b0069abf697726e", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report required \nConcurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chief Information Officer shall submit to the congressional defense committees a report that includes the following with respect to the electromagnetic superiority implementation plan: (1) The implementation plan in effect as of the date of the report, noting any revisions from the preceding plan. (2) A statement of the elements of the implementation plan that have been achieved. (3) For each element that has been achieved, an assessment of whether the element is having its intended effect. (4) For any element that has not been achieved, an assessment of progress made in achieving the element, including a description of any obstacles that may hinder further progress. (5) For any element that has been removed from the implementation plan, a description of the reason for the removal of the element and an assessment of the impact of not pursuing achievement of the element. (6) Such additional matters as the Chief Information Officer considers appropriate.", "id": "id310a9251ce44414ab18e0594dcf66d16", "header": "Report required", "nested": [], "links": [] }, { "text": "(c) Electromagnetic superiority implementation plan defined \nIn this section, the term electromagnetic superiority implementation plan means the Electromagnetic Superiority Implementation Plan signed by the Secretary of Defense on July 15, 2021, and any successor plan.", "id": "ide8883e23203145a09bff38fd7cfaee9a", "header": "Electromagnetic superiority implementation plan defined", "nested": [], "links": [] } ], "links": [] }, { "text": "500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations \n(a) In general \nNot later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary of Defense shall establish an Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations (in this section referred to as the operational lead ) at the United States Strategic Command, which shall report to the Commander of the United States Strategic Command. (b) Function \nThe operational lead shall be responsible for synchronizing, assessing, and making recommendations to the Chairman of the Joint Chiefs of Staff with respect to the readiness of the combatant commands to conduct joint electromagnetic spectrum operations. (c) Briefings required \nConcurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chairman, acting through the operational lead, shall brief to the congressional defense committees on the following: (1) Progress made in achieving full operational capability to conduct joint electromagnetic spectrum operations and any impediments to achieving such capability. (2) The readiness of the combatant commands to conduct such operations. (3) Recommendations for overcoming any deficiencies in the readiness of the combatant commands to conduct such operations and any material gaps contributing to such deficiencies. (4) Such other matters as the Chairman considers important to ensuring that the combatant commands are capable of conducting such operations.", "id": "id16a5bc17ba5f496191e8c5d2c481a90f", "header": "Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations", "nested": [ { "text": "(a) In general \nNot later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary of Defense shall establish an Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations (in this section referred to as the operational lead ) at the United States Strategic Command, which shall report to the Commander of the United States Strategic Command.", "id": "iddfe11660732c4f2c8085bccccfe34b13", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Function \nThe operational lead shall be responsible for synchronizing, assessing, and making recommendations to the Chairman of the Joint Chiefs of Staff with respect to the readiness of the combatant commands to conduct joint electromagnetic spectrum operations.", "id": "id8a59a489fb6146e7984c664c017ff3f3", "header": "Function", "nested": [], "links": [] }, { "text": "(c) Briefings required \nConcurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chairman, acting through the operational lead, shall brief to the congressional defense committees on the following: (1) Progress made in achieving full operational capability to conduct joint electromagnetic spectrum operations and any impediments to achieving such capability. (2) The readiness of the combatant commands to conduct such operations. (3) Recommendations for overcoming any deficiencies in the readiness of the combatant commands to conduct such operations and any material gaps contributing to such deficiencies. (4) Such other matters as the Chairman considers important to ensuring that the combatant commands are capable of conducting such operations.", "id": "ida871b4511a9e4e9ca4b509e7202753b1", "header": "Briefings required", "nested": [], "links": [] } ], "links": [] }, { "text": "500f. Evaluations of abilities of armed forces and combatant commands to perform electromagnetic spectrum operations missions \n(a) Evaluations of armed forces \n(1) In general \nNot later than October 1, 2024, and annually thereafter through 2029, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations shall each carry out an evaluation of the ability of the armed force concerned to perform electromagnetic spectrum operations missions required by each of the following: (A) The Electromagnetic Spectrum Superiority Strategy. (B) The Joint Staff-developed concept of operations for electromagnetic spectrum operations. (C) The operations and contingency plans of the combatant commands. (2) Certification required \nNot later than December 31 of each year in which evaluations are required under paragraph (1), each official specified in that paragraph shall certify to the congressional defense committees that the evaluation required to be carried out by that official has occurred. (3) Elements \nEach evaluation under paragraph (1) shall include an assessment of the following: (A) Current programs of record, including— (i) the ability of weapon systems to perform missions in contested electromagnetic spectrum environments; and (ii) the ability of electronic warfare capabilities to disrupt adversary operations. (B) Future programs of record, including— (i) the need for distributed or network-centric electronic warfare and signals intelligence capabilities; and (ii) the need for automated and machine learning- or artificial intelligence-assisted electronic warfare capabilities. (C) Order of battle. (D) Individual and unit training. (E) Tactics, techniques, and procedures, including— (i) maneuver, distribution of assets, and the use of decoys; and (ii) integration of non-kinetic and kinetic fires. (F) Other matters relevant to evaluating the ability of the armed force concerned to perform electromagnetic spectrum operations missions described in paragraph (1). (b) Evaluations of combatant commands \n(1) In general \nNot later than October 1, 2024, and annually thereafter through 2029, the Chairman of the Joint Chiefs of Staff, acting through the Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations established under section 500e (in this section referred to as the operational lead ), shall carry out an evaluation of the plans and posture of the combatant commands to execute the electromagnetic spectrum operations envisioned in each of the following: (A) The Electromagnetic Spectrum Superiority Strategy. (B) The Joint Staff-developed concept of operations for electromagnetic spectrum operations. (2) Elements \nEach evaluation under paragraph (1) shall include an assessment, as relevant, of the following: (A) Operation and contingency plans. (B) The manning, organizational alignment, and capability of joint electromagnetic spectrum operations cells. (C) Mission rehearsal and exercises. (D) Force positioning, posture, and readiness. (3) Briefing required \nNot later than December 31 of each year in which an evaluation is required under paragraph (A), the Chairman of the Joint Chiefs of Staff, acting through the operational lead, shall brief the congressional defense committees on the results of the evaluation.", "id": "PH2A389C2147AC4DAC8CADF630B08F030E", "header": "Evaluations of abilities of armed forces and combatant commands to perform electromagnetic spectrum operations missions", "nested": [ { "text": "(a) Evaluations of armed forces \n(1) In general \nNot later than October 1, 2024, and annually thereafter through 2029, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations shall each carry out an evaluation of the ability of the armed force concerned to perform electromagnetic spectrum operations missions required by each of the following: (A) The Electromagnetic Spectrum Superiority Strategy. (B) The Joint Staff-developed concept of operations for electromagnetic spectrum operations. (C) The operations and contingency plans of the combatant commands. (2) Certification required \nNot later than December 31 of each year in which evaluations are required under paragraph (1), each official specified in that paragraph shall certify to the congressional defense committees that the evaluation required to be carried out by that official has occurred. (3) Elements \nEach evaluation under paragraph (1) shall include an assessment of the following: (A) Current programs of record, including— (i) the ability of weapon systems to perform missions in contested electromagnetic spectrum environments; and (ii) the ability of electronic warfare capabilities to disrupt adversary operations. (B) Future programs of record, including— (i) the need for distributed or network-centric electronic warfare and signals intelligence capabilities; and (ii) the need for automated and machine learning- or artificial intelligence-assisted electronic warfare capabilities. (C) Order of battle. (D) Individual and unit training. (E) Tactics, techniques, and procedures, including— (i) maneuver, distribution of assets, and the use of decoys; and (ii) integration of non-kinetic and kinetic fires. (F) Other matters relevant to evaluating the ability of the armed force concerned to perform electromagnetic spectrum operations missions described in paragraph (1).", "id": "PHABFF5057571947ACA66D77CB6E1AA6B5", "header": "Evaluations of armed forces", "nested": [], "links": [] }, { "text": "(b) Evaluations of combatant commands \n(1) In general \nNot later than October 1, 2024, and annually thereafter through 2029, the Chairman of the Joint Chiefs of Staff, acting through the Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations established under section 500e (in this section referred to as the operational lead ), shall carry out an evaluation of the plans and posture of the combatant commands to execute the electromagnetic spectrum operations envisioned in each of the following: (A) The Electromagnetic Spectrum Superiority Strategy. (B) The Joint Staff-developed concept of operations for electromagnetic spectrum operations. (2) Elements \nEach evaluation under paragraph (1) shall include an assessment, as relevant, of the following: (A) Operation and contingency plans. (B) The manning, organizational alignment, and capability of joint electromagnetic spectrum operations cells. (C) Mission rehearsal and exercises. (D) Force positioning, posture, and readiness. (3) Briefing required \nNot later than December 31 of each year in which an evaluation is required under paragraph (A), the Chairman of the Joint Chiefs of Staff, acting through the operational lead, shall brief the congressional defense committees on the results of the evaluation.", "id": "PH947950591B3A4850900591F4156822C4", "header": "Evaluations of combatant commands", "nested": [], "links": [] } ], "links": [] }, { "text": "1642. Study on the future of the Integrated Tactical Warning Attack Assessment System \n(a) In general \nThe Chairman of the Joint Chiefs of Staff shall enter into an agreement with a federally funded research and development center— (1) to conduct a study on the future of the Integrated Tactical Warning Attack Assessment System (ITW/AA); and (2) to submit to the Chairman a report on the findings of the center with respect to the study conducted under paragraph (1). (b) Elements \nThe study conducted pursuant to an agreement under subsection (a) shall cover the following: (1) Future air and missile threats to the United States. (2) The integration of multi-domain sensor data and their ground systems with the existing architecture of the Integrated Tactical Warning Attack Assessment System. (3) The effect of the integration described in paragraph (2) on the data reliability standards of the Integrated Tactical Warning Attack Assessment System. (4) Future data visualization, conferencing, and decisionmaking capabilities of such system. (5) Such other matters as the Chairman considers relevant to the study. (c) Report \nNot later than 270 days after the date of the enactment of this Act, the Chairman shall submit to the congressional defense committees— (1) the report submitted to the Chairman under subsection (a)(2); and (2) the assessment of the Chairman with respect to the findings in such report and the recommendations of the Chairman with respect to modernizing the Integrated Tactical Warning Attack Assessment System.", "id": "id6105137cc69b4b15be648266843be068", "header": "Study on the future of the Integrated Tactical Warning Attack Assessment System", "nested": [ { "text": "(a) In general \nThe Chairman of the Joint Chiefs of Staff shall enter into an agreement with a federally funded research and development center— (1) to conduct a study on the future of the Integrated Tactical Warning Attack Assessment System (ITW/AA); and (2) to submit to the Chairman a report on the findings of the center with respect to the study conducted under paragraph (1).", "id": "idb13faa8be2834b4e96785dbcdc012fe2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe study conducted pursuant to an agreement under subsection (a) shall cover the following: (1) Future air and missile threats to the United States. (2) The integration of multi-domain sensor data and their ground systems with the existing architecture of the Integrated Tactical Warning Attack Assessment System. (3) The effect of the integration described in paragraph (2) on the data reliability standards of the Integrated Tactical Warning Attack Assessment System. (4) Future data visualization, conferencing, and decisionmaking capabilities of such system. (5) Such other matters as the Chairman considers relevant to the study.", "id": "idfe6cb67693de406ba672f3a2d8780074", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 270 days after the date of the enactment of this Act, the Chairman shall submit to the congressional defense committees— (1) the report submitted to the Chairman under subsection (a)(2); and (2) the assessment of the Chairman with respect to the findings in such report and the recommendations of the Chairman with respect to modernizing the Integrated Tactical Warning Attack Assessment System.", "id": "id358a86786a4f48ba8f4302bab208c0ab", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "1643. Comprehensive review of electronic warfare test ranges and future capabilities \n(a) In general \nThe Under Secretary of Defense for Research and Engineering, in consultation with the Chairman of the Joint Chiefs of Staff, shall conduct a comprehensive review of any deficiencies in the capacity of the electronic warfare test ranges and future electronic warfare capabilities of the Department of Defense relating to current and future global threats, research and development efforts, modeling, and electromagnetic and physical encroachment of the test ranges. (b) Elements \nThe review required by subsection (a) shall consider the following: (1) Each electronic warfare test range, its size, any distinguishing features, and its electronic warfare capabilities. (2) The electronic warfare capabilities that are best practiced at which range and any encroachment issues between ranges. (3) Future electronic warfare capabilities and planned acquisitions. (4) Any modeling the Test Resource Management Center has done on incorporating future or planned electronic warfare capabilities into the current test ranges. (5) Any other matter the Under Secretary considers necessary. (c) Briefing required \nNot later than March 31, 2024, the Under Secretary shall provide the congressional defense committees with a briefing on the findings of the review required by subsection (a) that includes— (1) an assessment of any deficiency in the electronic warfare test ranges and future electronic warfare capabilities of the Department of Defense identified in the review; and (2) a plan to address any such deficiency in a timely manner.", "id": "idb8be39be498848e5b4ef1a0e3a6f85cf", "header": "Comprehensive review of electronic warfare test ranges and future capabilities", "nested": [ { "text": "(a) In general \nThe Under Secretary of Defense for Research and Engineering, in consultation with the Chairman of the Joint Chiefs of Staff, shall conduct a comprehensive review of any deficiencies in the capacity of the electronic warfare test ranges and future electronic warfare capabilities of the Department of Defense relating to current and future global threats, research and development efforts, modeling, and electromagnetic and physical encroachment of the test ranges.", "id": "id90183b61f9f64b4a8ee34ab83d78a09f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe review required by subsection (a) shall consider the following: (1) Each electronic warfare test range, its size, any distinguishing features, and its electronic warfare capabilities. (2) The electronic warfare capabilities that are best practiced at which range and any encroachment issues between ranges. (3) Future electronic warfare capabilities and planned acquisitions. (4) Any modeling the Test Resource Management Center has done on incorporating future or planned electronic warfare capabilities into the current test ranges. (5) Any other matter the Under Secretary considers necessary.", "id": "idb1598f35a7f047d18bd25eff8100e500", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Briefing required \nNot later than March 31, 2024, the Under Secretary shall provide the congressional defense committees with a briefing on the findings of the review required by subsection (a) that includes— (1) an assessment of any deficiency in the electronic warfare test ranges and future electronic warfare capabilities of the Department of Defense identified in the review; and (2) a plan to address any such deficiency in a timely manner.", "id": "id1a5c19da9cda4b2bbc30d1787656fd07", "header": "Briefing required", "nested": [], "links": [] } ], "links": [] }, { "text": "1644. Extension of authorization for protection of certain facilities and assets from unmanned aircraft \nSection 130i(i) of title 10, United States Code, is amended by striking 2023 both places it appears and inserting 2026.", "id": "id7FFDCA4751E44E7D9E58335F19E6D04E", "header": "Extension of authorization for protection of certain facilities and assets from unmanned aircraft", "nested": [], "links": [] }, { "text": "1645. Addressing serious deficiencies in electronic protection of systems that operate in the radio frequency spectrum \n(a) In general \nThe Secretary of Defense shall take such actions as the Secretary considers necessary and practicable— (1) to establish requirements for and assign sufficient priority to ensuring electronic protection of sensor, navigation, and communications systems and subsystems against jamming, spoofing, and unintended interference from military systems; and (2) to provide management oversight and supervision of the military departments to ensure electronic protection of military systems that emit and receive in radio frequencies against modern threats and interference from military systems operating in the same or adjacent radio frequency of Federal spectrum. (b) Specific required actions \nThe Secretary shall require the military departments and combat support agencies to— (1) develop and approve requirements, through the Joint Requirements Oversight Council as appropriate, within 270 days of the date of the enactment of this Act, for every radar, signals intelligence, navigation, and communications system and subsystem subject to the Global Force Management process to be able to withstand threat-realistic levels of jamming, spoofing, and unintended interference, which includes self-generated interference; (2) test every system and subsystem described in paragraph (1) at a test range that permits threat-realistic electronic warfare attacks against the system or subsystem by a red team or opposition force at least once every 4 years, with the first set of highest priority systems to be initially tested no later than fiscal year 2025; (3) retrofit every system and subsystem described in paragraph (1) that fails to meet electronic protection requirements during testing with electronic protection measures that can withstand threat-realistic jamming, spoofing, and unintended interference within 3 years from the date of the testing, and to retest such systems and subsystems within 4 years of the initial failed test; (4) survey, identify, and test available technology that can be practically and affordably retro-fitted on the systems described in paragraph (1) and which provides robust protection against threat-realistic jamming, spoofing, and unintended interference; and (5) design and build electronic protection into ongoing and future development programs to withstand expected jamming and spoofing threats and unintended interference. (c) Waiver \nThe Secretary may establish a process for issuing waivers on a case-by-case basis for the testing requirement established in paragraph (2) of subsection (b) and for the retrofit requirement established in paragraph (3) of such subsection. (d) Annual reports \nEach fiscal year, coinciding with the submission of the President’s budget request to Congress pursuant to section 1105(a) of title 31, United States Code, through fiscal year 2030, the Director of Operational Test and Evaluation shall submit to the Electronic Warfare Executive Committee, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a comprehensive annual report aggregating reporting from the military departments and combat support agencies that describes— (1) the implementation of the requirements of this section; (2) the systems subject to testing in the previous year and the results of such tests, including a description of the requirements for electronic protection established for the tested systems; and (3) each waiver issued in the previous year with respect to such requirements, together with a detailed rationale for the waiver and a plan for addressing the basis for the waiver request.", "id": "IDeeb7816e21794fc09e5005a630f88f84", "header": "Addressing serious deficiencies in electronic protection of systems that operate in the radio frequency spectrum", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall take such actions as the Secretary considers necessary and practicable— (1) to establish requirements for and assign sufficient priority to ensuring electronic protection of sensor, navigation, and communications systems and subsystems against jamming, spoofing, and unintended interference from military systems; and (2) to provide management oversight and supervision of the military departments to ensure electronic protection of military systems that emit and receive in radio frequencies against modern threats and interference from military systems operating in the same or adjacent radio frequency of Federal spectrum.", "id": "id8ad6194d8b324909ad90daa62970a447", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Specific required actions \nThe Secretary shall require the military departments and combat support agencies to— (1) develop and approve requirements, through the Joint Requirements Oversight Council as appropriate, within 270 days of the date of the enactment of this Act, for every radar, signals intelligence, navigation, and communications system and subsystem subject to the Global Force Management process to be able to withstand threat-realistic levels of jamming, spoofing, and unintended interference, which includes self-generated interference; (2) test every system and subsystem described in paragraph (1) at a test range that permits threat-realistic electronic warfare attacks against the system or subsystem by a red team or opposition force at least once every 4 years, with the first set of highest priority systems to be initially tested no later than fiscal year 2025; (3) retrofit every system and subsystem described in paragraph (1) that fails to meet electronic protection requirements during testing with electronic protection measures that can withstand threat-realistic jamming, spoofing, and unintended interference within 3 years from the date of the testing, and to retest such systems and subsystems within 4 years of the initial failed test; (4) survey, identify, and test available technology that can be practically and affordably retro-fitted on the systems described in paragraph (1) and which provides robust protection against threat-realistic jamming, spoofing, and unintended interference; and (5) design and build electronic protection into ongoing and future development programs to withstand expected jamming and spoofing threats and unintended interference.", "id": "ideab4364d5199405db260c1200c47f506", "header": "Specific required actions", "nested": [], "links": [] }, { "text": "(c) Waiver \nThe Secretary may establish a process for issuing waivers on a case-by-case basis for the testing requirement established in paragraph (2) of subsection (b) and for the retrofit requirement established in paragraph (3) of such subsection.", "id": "idacaa1621d42e4a288489fb7d201db274", "header": "Waiver", "nested": [], "links": [] }, { "text": "(d) Annual reports \nEach fiscal year, coinciding with the submission of the President’s budget request to Congress pursuant to section 1105(a) of title 31, United States Code, through fiscal year 2030, the Director of Operational Test and Evaluation shall submit to the Electronic Warfare Executive Committee, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a comprehensive annual report aggregating reporting from the military departments and combat support agencies that describes— (1) the implementation of the requirements of this section; (2) the systems subject to testing in the previous year and the results of such tests, including a description of the requirements for electronic protection established for the tested systems; and (3) each waiver issued in the previous year with respect to such requirements, together with a detailed rationale for the waiver and a plan for addressing the basis for the waiver request.", "id": "id83008f2109f749f3958876e7f065268d", "header": "Annual reports", "nested": [], "links": [] } ], "links": [] }, { "text": "1646. Funding limitation on certain unreported programs \n(a) Limitation on availability of funds \nNone of the funds authorized to be appropriated by this Act for fiscal year 2024 may be obligated or expended, directly or indirectly, in part or in whole, for, on, in relation to, or in support of activities involving unidentified anomalous phenomena protected under any form of special access or restricted access limitations that have not been formally, officially, explicitly, and specifically described, explained, and justified to the appropriate committees of Congress, congressional leadership, and the Director, including for any activities relating to the following: (1) Recruiting, employing, training, equipping, and operations of, and providing security for, Government or contractor personnel with a primary, secondary, or contingency mission of capturing, recovering, and securing unidentified anomalous phenomena craft or pieces and components of such craft. (2) Analyzing such craft or pieces or components thereof, including for the purpose of determining properties, material composition, method of manufacture, origin, characteristics, usage and application, performance, operational modalities, or reverse engineering of such craft or component technology. (3) Managing and providing security for protecting activities and information relating to unidentified anomalous phenomena from disclosure or compromise. (4) Actions relating to reverse engineering or replicating unidentified anomalous phenomena technology or performance based on analysis of materials or sensor and observational information associated with unidentified anomalous phenomena. (5) The development of propulsion technology, or aerospace craft that uses propulsion technology, systems, or subsystems that is based on or derived from or inspired by inspection, analysis, or reverse engineering of recovered unidentified anomalous phenomena craft or materials. (6) Any aerospace craft that uses propulsion technology other than chemical propellants, solar power, and electric ion thrust. (b) Notification and reporting \n(1) In general \nAny person currently or formerly under contract with the Federal Government that has in their possession material or information provided by or derived from the Federal Government relating to unidentified anomalous phenomena that formerly or currently is protected by any form of special access or restricted access shall— (A) not later than 60 days after the date of the enactment of this Act, notify the Director of such possession; and (B) not later than 180 days after the date of the enactment of this Act, make available to the Director for assessment, analysis, and inspection— (i) all such material and information; and (ii) a comprehensive list of all non-earth origin or exotic unidentified anomalous phenomena materiel. (2) Protections \nThe provision of notice and the making available of material and information under paragraph (1) shall be treated as an authorized disclosure under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3373b ). (c) Limitation regarding independent research and development \nConsistent with Department of Defense Instruction Number 3204.01 (dated August 20, 2014, incorporating change 2, dated July 9, 2020; relating to Department policy for oversight of independent research and development), independent research and development funding relating to material or information described in subsection (a) shall not be allowable as indirect expenses for purposes of contracts covered by such instruction, unless such material and information is made available to the Director in accordance with subsection (b). (d) Notice to Congress \nNot later than 30 days after the date on which the Director has received a notification under subparagraph (A) of subsection (b)(1) or information or material under paragraph (B) of such subsection, the Director shall provide a written notification of such receipt to the appropriate committees of Congress and congressional leadership. (e) Definitions \nIn this section: (1) The term appropriate committees of Congress means— (A) the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) The term congressional leadership means— (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Representatives; and (D) the minority leader of the House of Representatives. (3) The term Director means the Director of the All-domain Anomaly Resolution Office. (4) The term unidentified anomalous phenomena has the meaning given such term in section 1683(n)of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373(n) ), as amended by section 6802(a) of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ).", "id": "id292d572f8b5c4412b4eaa8f182fbc20b", "header": "Funding limitation on certain unreported programs", "nested": [ { "text": "(a) Limitation on availability of funds \nNone of the funds authorized to be appropriated by this Act for fiscal year 2024 may be obligated or expended, directly or indirectly, in part or in whole, for, on, in relation to, or in support of activities involving unidentified anomalous phenomena protected under any form of special access or restricted access limitations that have not been formally, officially, explicitly, and specifically described, explained, and justified to the appropriate committees of Congress, congressional leadership, and the Director, including for any activities relating to the following: (1) Recruiting, employing, training, equipping, and operations of, and providing security for, Government or contractor personnel with a primary, secondary, or contingency mission of capturing, recovering, and securing unidentified anomalous phenomena craft or pieces and components of such craft. (2) Analyzing such craft or pieces or components thereof, including for the purpose of determining properties, material composition, method of manufacture, origin, characteristics, usage and application, performance, operational modalities, or reverse engineering of such craft or component technology. (3) Managing and providing security for protecting activities and information relating to unidentified anomalous phenomena from disclosure or compromise. (4) Actions relating to reverse engineering or replicating unidentified anomalous phenomena technology or performance based on analysis of materials or sensor and observational information associated with unidentified anomalous phenomena. (5) The development of propulsion technology, or aerospace craft that uses propulsion technology, systems, or subsystems that is based on or derived from or inspired by inspection, analysis, or reverse engineering of recovered unidentified anomalous phenomena craft or materials. (6) Any aerospace craft that uses propulsion technology other than chemical propellants, solar power, and electric ion thrust.", "id": "id85cade92d157437e848ca17643abc0e4", "header": "Limitation on availability of funds", "nested": [], "links": [] }, { "text": "(b) Notification and reporting \n(1) In general \nAny person currently or formerly under contract with the Federal Government that has in their possession material or information provided by or derived from the Federal Government relating to unidentified anomalous phenomena that formerly or currently is protected by any form of special access or restricted access shall— (A) not later than 60 days after the date of the enactment of this Act, notify the Director of such possession; and (B) not later than 180 days after the date of the enactment of this Act, make available to the Director for assessment, analysis, and inspection— (i) all such material and information; and (ii) a comprehensive list of all non-earth origin or exotic unidentified anomalous phenomena materiel. (2) Protections \nThe provision of notice and the making available of material and information under paragraph (1) shall be treated as an authorized disclosure under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3373b ).", "id": "id998ff3c81fee4fb8added19f98d6c2ef", "header": "Notification and reporting", "nested": [], "links": [ { "text": "50 U.S.C. 3373b", "legal-doc": "usc", "parsable-cite": "usc/50/3373b" } ] }, { "text": "(c) Limitation regarding independent research and development \nConsistent with Department of Defense Instruction Number 3204.01 (dated August 20, 2014, incorporating change 2, dated July 9, 2020; relating to Department policy for oversight of independent research and development), independent research and development funding relating to material or information described in subsection (a) shall not be allowable as indirect expenses for purposes of contracts covered by such instruction, unless such material and information is made available to the Director in accordance with subsection (b).", "id": "idb9f6ecd1156748f39f578b1efb718bfc", "header": "Limitation regarding independent research and development", "nested": [], "links": [] }, { "text": "(d) Notice to Congress \nNot later than 30 days after the date on which the Director has received a notification under subparagraph (A) of subsection (b)(1) or information or material under paragraph (B) of such subsection, the Director shall provide a written notification of such receipt to the appropriate committees of Congress and congressional leadership.", "id": "ideebfd350958b4c69bbafd32ffe358468", "header": "Notice to Congress", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) The term appropriate committees of Congress means— (A) the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) The term congressional leadership means— (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Representatives; and (D) the minority leader of the House of Representatives. (3) The term Director means the Director of the All-domain Anomaly Resolution Office. (4) The term unidentified anomalous phenomena has the meaning given such term in section 1683(n)of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373(n) ), as amended by section 6802(a) of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ).", "id": "id70183411052a4fc1a7ffa9a8bca51f5d", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 3373(n)", "legal-doc": "usc", "parsable-cite": "usc/50/3373" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] } ], "links": [ { "text": "50 U.S.C. 3373b", "legal-doc": "usc", "parsable-cite": "usc/50/3373b" }, { "text": "50 U.S.C. 3373(n)", "legal-doc": "usc", "parsable-cite": "usc/50/3373" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1647. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities \n(a) Extension of authority \nSection 431(a) of title 10, United States Code, is amended by striking December 31, 2023 and inserting December 31, 2025. (b) Interagency coordination and support \nParagraph (1) of section 431(b) of such title is amended to read as follows: (1) be pre-coordinated with the Director of the Central Intelligence Agency using procedures mutually agreed upon by the Secretary of Defense and the Director, and, where appropriate, be supported by the Director; and.", "id": "IDc81f92b879da41d18fd6197512a5e4ad", "header": "Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities", "nested": [ { "text": "(a) Extension of authority \nSection 431(a) of title 10, United States Code, is amended by striking December 31, 2023 and inserting December 31, 2025.", "id": "id9b158d145345484fa3c9e6b6414af926", "header": "Extension of authority", "nested": [], "links": [] }, { "text": "(b) Interagency coordination and support \nParagraph (1) of section 431(b) of such title is amended to read as follows: (1) be pre-coordinated with the Director of the Central Intelligence Agency using procedures mutually agreed upon by the Secretary of Defense and the Director, and, where appropriate, be supported by the Director; and.", "id": "iddb632e405635454a8014ed322aad865a", "header": "Interagency coordination and support", "nested": [], "links": [] } ], "links": [] }, { "text": "1701. Measures to enhance the readiness and effectiveness of the Cyber Mission Force \n(a) Personnel requirements and training for critical work roles \nThe Secretary of Defense shall— (1) develop a plan to require— (A) a term of enlistment that is— (i) common across the military departments for critical work roles of the Cyber Mission Force; (ii) appropriate given the value of the training required for such work roles; and (iii) sufficient and extensive enough to meet the readiness requirements established by the Commander of United States Cyber Command; (B) tour lengths for personnel in the Cyber Mission Force that are— (i) common across the military departments; and (ii) sufficient and extensive enough to meet the readiness requirements established by the Commander of United States Cyber Command; (C) the military departments to present Cyber Mission Force personnel to the Commander of United States Cyber Command who are fully trained to the standards required by the work roles established by the Commander, including the critical work roles of the Cyber Mission Force, prior to their attachment or assignment to a unit of United States Cyber Command; (D) obligated service for members who receive the training contemplated in paragraph (C) which is commensurate with the significant financial and time investments made by the military service for the training received; and (E) facilitation of consecutive assignments at the same unit while not inhibiting the advancement or promotion potential of any member of the Armed Forces. (2) direct the Secretaries of the military departments to implement the plan developed under paragraph (1); and (3) establish curriculum and capacity within one or more military departments to train sufficient numbers of personnel from all of the military departments who can effectively perform the critical Cyber Mission Force work roles to achieve the readiness requirements established by the Commander of United States Cyber Command. (b) Pilot program on acquiring contract services for critical work roles \n(1) Pilot program required \nNot later than 180 days after the date of the enactment of this Act, the Commander of United States Cyber Command shall commence a pilot program to assess the feasibility and advisability of acquiring the services of skilled personnel in the critical work roles of the Cyber Mission Force by contracting with one or more persons to enhance the readiness and effectiveness of the Cyber Mission Force. (2) Pilot program duration \nThe Commander shall carry out the pilot program required by subsection paragraph (1) during the three-year period beginning on the date of the commencement of the pilot program and may, after such period— (A) continue carrying out such pilot program after such period for such duration as the Commander considers appropriate; or (B) transition such pilot program to a permanent program. (c) Plan on hiring, training, and retaining civilians to serve in critical work roles \nNot later than 120 days after the date of the enactment of this Act, the Commander shall— (1) develop a plan to hire, train, and retain civilians to serve in the critical work roles of the Cyber Mission Force and other positions of the Cyber Mission Force to enhance the readiness and effectiveness of the Cyber Mission Force; and (2) provide the congressional defense committees a briefing on the plan developed under paragraph (1). (d) Definition of critical work roles of the Cyber Mission Force \nThe term critical work roles of the Cyber Mission Force means work roles of the Cyber Mission Force relating to on-network operations, tool development, and exploitation analysis.", "id": "id60baab107b3b438c97bee16891f2de24", "header": "Measures to enhance the readiness and effectiveness of the Cyber Mission Force", "nested": [ { "text": "(a) Personnel requirements and training for critical work roles \nThe Secretary of Defense shall— (1) develop a plan to require— (A) a term of enlistment that is— (i) common across the military departments for critical work roles of the Cyber Mission Force; (ii) appropriate given the value of the training required for such work roles; and (iii) sufficient and extensive enough to meet the readiness requirements established by the Commander of United States Cyber Command; (B) tour lengths for personnel in the Cyber Mission Force that are— (i) common across the military departments; and (ii) sufficient and extensive enough to meet the readiness requirements established by the Commander of United States Cyber Command; (C) the military departments to present Cyber Mission Force personnel to the Commander of United States Cyber Command who are fully trained to the standards required by the work roles established by the Commander, including the critical work roles of the Cyber Mission Force, prior to their attachment or assignment to a unit of United States Cyber Command; (D) obligated service for members who receive the training contemplated in paragraph (C) which is commensurate with the significant financial and time investments made by the military service for the training received; and (E) facilitation of consecutive assignments at the same unit while not inhibiting the advancement or promotion potential of any member of the Armed Forces. (2) direct the Secretaries of the military departments to implement the plan developed under paragraph (1); and (3) establish curriculum and capacity within one or more military departments to train sufficient numbers of personnel from all of the military departments who can effectively perform the critical Cyber Mission Force work roles to achieve the readiness requirements established by the Commander of United States Cyber Command.", "id": "id36b96e5578534a5084a184a8267e1303", "header": "Personnel requirements and training for critical work roles", "nested": [], "links": [] }, { "text": "(b) Pilot program on acquiring contract services for critical work roles \n(1) Pilot program required \nNot later than 180 days after the date of the enactment of this Act, the Commander of United States Cyber Command shall commence a pilot program to assess the feasibility and advisability of acquiring the services of skilled personnel in the critical work roles of the Cyber Mission Force by contracting with one or more persons to enhance the readiness and effectiveness of the Cyber Mission Force. (2) Pilot program duration \nThe Commander shall carry out the pilot program required by subsection paragraph (1) during the three-year period beginning on the date of the commencement of the pilot program and may, after such period— (A) continue carrying out such pilot program after such period for such duration as the Commander considers appropriate; or (B) transition such pilot program to a permanent program.", "id": "id8fd17afd08d945bbb8e3240679e7f506", "header": "Pilot program on acquiring contract services for critical work roles", "nested": [], "links": [] }, { "text": "(c) Plan on hiring, training, and retaining civilians to serve in critical work roles \nNot later than 120 days after the date of the enactment of this Act, the Commander shall— (1) develop a plan to hire, train, and retain civilians to serve in the critical work roles of the Cyber Mission Force and other positions of the Cyber Mission Force to enhance the readiness and effectiveness of the Cyber Mission Force; and (2) provide the congressional defense committees a briefing on the plan developed under paragraph (1).", "id": "idb8ad26caae5e44bab9a01e35532b5e12", "header": "Plan on hiring, training, and retaining civilians to serve in critical work roles", "nested": [], "links": [] }, { "text": "(d) Definition of critical work roles of the Cyber Mission Force \nThe term critical work roles of the Cyber Mission Force means work roles of the Cyber Mission Force relating to on-network operations, tool development, and exploitation analysis.", "id": "idf307736eba524391bc4963ad729c0a7c", "header": "Definition of critical work roles of the Cyber Mission Force", "nested": [], "links": [] } ], "links": [] }, { "text": "1702. Cyber intelligence center \n(a) Establishment of capability required \nThe Secretary of Defense shall establish a dedicated cyber intelligence capability to support the requirements of United States Cyber Command, the other combatant commands, the military departments, defense agencies, the Joint Staff, and the Office of the Secretary of Defense for foundational, scientific and technical, and all-source intelligence on cyber technology development, capabilities, concepts of operation, operations, and plans and intentions of cyber threat actors. (b) Establishment of center authorized \n(1) Authorization \nSubject to paragraph (2), the Secretary may establish an all-source analysis center under the administration of the Defense Intelligence Agency to provide foundational intelligence for the capability established under subsection (a). (2) Limitation \nInformation technology services for a center established under paragraph (1) may not be provided by the National Security Agency. (c) Resources \n(1) In general \nThe Secretary shall direct and provide resources to the Commander of United States Cyber Command within the Military Intelligence Program to fund collection and analysis by the National Security Agency to meet the specific requirements established by the Commander for signals intelligence support. (2) Transfer of activities \nThe Secretary may transfer the activities required under paragraph (1) to the National Intelligence Program if the Director of National Intelligence concurs and the transfer is specifically authorized in an intelligence authorization Act. (d) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Commander shall— (1) develop an estimate of the signals intelligence collection and analysis required of the National Security Agency and the cost of such collection and analysis; and (2) provide the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the estimate developed under paragraph (1).", "id": "id55837ec757ac4e06a5fe9de42bc95755", "header": "Cyber intelligence center", "nested": [ { "text": "(a) Establishment of capability required \nThe Secretary of Defense shall establish a dedicated cyber intelligence capability to support the requirements of United States Cyber Command, the other combatant commands, the military departments, defense agencies, the Joint Staff, and the Office of the Secretary of Defense for foundational, scientific and technical, and all-source intelligence on cyber technology development, capabilities, concepts of operation, operations, and plans and intentions of cyber threat actors.", "id": "id2c058f15355e4f6e9c5ffd7516c8e374", "header": "Establishment of capability required", "nested": [], "links": [] }, { "text": "(b) Establishment of center authorized \n(1) Authorization \nSubject to paragraph (2), the Secretary may establish an all-source analysis center under the administration of the Defense Intelligence Agency to provide foundational intelligence for the capability established under subsection (a). (2) Limitation \nInformation technology services for a center established under paragraph (1) may not be provided by the National Security Agency.", "id": "id3e550185bbe048388cd73c4702986a25", "header": "Establishment of center authorized", "nested": [], "links": [] }, { "text": "(c) Resources \n(1) In general \nThe Secretary shall direct and provide resources to the Commander of United States Cyber Command within the Military Intelligence Program to fund collection and analysis by the National Security Agency to meet the specific requirements established by the Commander for signals intelligence support. (2) Transfer of activities \nThe Secretary may transfer the activities required under paragraph (1) to the National Intelligence Program if the Director of National Intelligence concurs and the transfer is specifically authorized in an intelligence authorization Act.", "id": "id79e829cef6e24ab9afe02ffe3de31527", "header": "Resources", "nested": [], "links": [] }, { "text": "(d) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Commander shall— (1) develop an estimate of the signals intelligence collection and analysis required of the National Security Agency and the cost of such collection and analysis; and (2) provide the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the estimate developed under paragraph (1).", "id": "idd2e93590fb6f4223ba5a281a80c087bd", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "1703. Performance metrics for pilot program for sharing cyber capabilities and related information with foreign operational partners \n(a) In general \nThe section 398 of title 10, United States Code (relating to pilot program for sharing cyber capabilities and related information with foreign operational partners), as added by section 1551(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection (f): (f) Performance metrics \n(1) The Secretary of Defense shall maintain performance metrics to track the results of sharing cyber capabilities and related information with foreign operational partners under a pilot program authorized by subsection (a). (2) The performance metrics under paragraph (1) shall include the following: (A) Who the cyber capability was used against. (B) The effect of the cyber capability, including whether and how the transfer of the cyber capability improved the operational cyber posture of the United States and achieved operational objectives of the United States, or had no effect. (C) Such other outcome-based or appropriate performance metrics as the Secretary considers appropriate for evaluating the effectiveness of a pilot program carried out under subsection (a).. (b) Technical correction \nChapter 19 of such title is amended— (1) in the table of sections for such chapter by striking the item relating to such section 398 and inserting the following: 398a. Pilot program for sharing cyber capabilities and related information with foreign operational partners. ; and (2) by redesignating such section 398 as section 398a.", "id": "idFA0C8FD1A91743C9B638166B9AD3E515", "header": "Performance metrics for pilot program for sharing cyber capabilities and related information with foreign operational partners", "nested": [ { "text": "(a) In general \nThe section 398 of title 10, United States Code (relating to pilot program for sharing cyber capabilities and related information with foreign operational partners), as added by section 1551(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection (f): (f) Performance metrics \n(1) The Secretary of Defense shall maintain performance metrics to track the results of sharing cyber capabilities and related information with foreign operational partners under a pilot program authorized by subsection (a). (2) The performance metrics under paragraph (1) shall include the following: (A) Who the cyber capability was used against. (B) The effect of the cyber capability, including whether and how the transfer of the cyber capability improved the operational cyber posture of the United States and achieved operational objectives of the United States, or had no effect. (C) Such other outcome-based or appropriate performance metrics as the Secretary considers appropriate for evaluating the effectiveness of a pilot program carried out under subsection (a)..", "id": "idC367CDEF05864654A301D8B272917EE1", "header": "In general", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(b) Technical correction \nChapter 19 of such title is amended— (1) in the table of sections for such chapter by striking the item relating to such section 398 and inserting the following: 398a. Pilot program for sharing cyber capabilities and related information with foreign operational partners. ; and (2) by redesignating such section 398 as section 398a.", "id": "id0963587250eb4086a4d133836565539e", "header": "Technical correction", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1704. Next generation cyber red teams \n(a) Development and submission of plans \nNot later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Policy shall direct the appropriate Assistant Secretary of Defense in the Office of the Under Secretary of Defense for Policy, in consultation with the Principal Cyber Advisors of the military departments, to oversee the development and submission of a plan described in subsection (b) to the Director of Operational Test and Evaluation (OT&E) and the Director of the National Security Agency (NSA) for assessment under subsection (c). (b) Plans described \nThe plan described in this subsection is a plan— (1) to modernize cyber red teams ( CRTs ) with a focus on utilizing cyber threat intelligence and threat modeling to ensure the ability to emulate advanced nation-state threats, automation, artificial intelligence or machine learning capabilities, and data collection and correlation; (2) to establish joint service standards and metrics to ensure cyber red teams are adequately trained, staffed, and equipped to emulate advanced nation-state threats; and (3) to expand partnerships between the Department of Defense, particularly existing cyber red teams, and academia to expand the cyber talent workforce. (c) Assessment \nThe Director of Operational Test and Evaluation shall, in coordination with the Director of the National Security Agency, review the plan submitted pursuant to subsection (a) and in doing so shall conduct an assessment of the plan with consideration of the following: (1) Opportunities for cyber red team operations to expand across the competition continuum, including during the cooperation and competition phases, strongly emphasizing pre-conflict preparation of the battlespace to better match adversary positioning and cyber activities, including operational security assessments to strengthen the ability of the Department to gain and maintain a tactical advantage. (2) The extent to which critical and emerging technologies and concepts such as artificial intelligence and machine learning enabled analysis and process automation can reduce the amount of person hours operators spend on maintenance and reporting to maximize research and training time. (3) Identification of training requirements, and changes to training, sustainment practices, or concepts of operation or employment that may be needed to ensure the effectiveness, suitability, and sustainability of the next generation of cyber red teams. (4) The extent to which additional resources or partnerships may be needed to remediate personnel shortfalls in cyber red teams, including funding for internship programs, hiring, and contracting. (d) Implementation \nNot later than one year after the date of enactment of this Act, the Secretary of Defense shall issue such policies and guidance and prescribe such regulations as the Secretary determines necessary to carry out the plan required by subsection (a). (e) Annual reports \nNot later than January 31, 2025, and not less frequently than annually thereafter until January 31, 2031, the Director of Operational Test and Evaluation shall include in the annual report required by section 139(h) of title 10, United States Code, the following: (1) The findings of the Director with respect to the assessment carried out pursuant to subsection (c). (2) The results of test and evaluation events, including any resource and capability shortfalls limiting the ability of cyber red teams to meet operational requirements. (3) The extent to which operations of cyber red teams have expanded across the competition continuum, including during cooperation and competition phases, to match adversary positioning and cyber activities. (4) A summary of identified categories of common gaps and shortfalls across military department and Defense Agency cyber red teams. (5) Any identified lessons learned that would affect training or operational employment decisions relating to cyber red teams.", "id": "id906b570d0a50452aba4db971aa96fb77", "header": "Next generation cyber red teams", "nested": [ { "text": "(a) Development and submission of plans \nNot later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Policy shall direct the appropriate Assistant Secretary of Defense in the Office of the Under Secretary of Defense for Policy, in consultation with the Principal Cyber Advisors of the military departments, to oversee the development and submission of a plan described in subsection (b) to the Director of Operational Test and Evaluation (OT&E) and the Director of the National Security Agency (NSA) for assessment under subsection (c).", "id": "idca6fbfade76441839ff12d9b533829fd", "header": "Development and submission of plans", "nested": [], "links": [] }, { "text": "(b) Plans described \nThe plan described in this subsection is a plan— (1) to modernize cyber red teams ( CRTs ) with a focus on utilizing cyber threat intelligence and threat modeling to ensure the ability to emulate advanced nation-state threats, automation, artificial intelligence or machine learning capabilities, and data collection and correlation; (2) to establish joint service standards and metrics to ensure cyber red teams are adequately trained, staffed, and equipped to emulate advanced nation-state threats; and (3) to expand partnerships between the Department of Defense, particularly existing cyber red teams, and academia to expand the cyber talent workforce.", "id": "idd544c1f830a4491e99b8ac1b5365e8aa", "header": "Plans described", "nested": [], "links": [] }, { "text": "(c) Assessment \nThe Director of Operational Test and Evaluation shall, in coordination with the Director of the National Security Agency, review the plan submitted pursuant to subsection (a) and in doing so shall conduct an assessment of the plan with consideration of the following: (1) Opportunities for cyber red team operations to expand across the competition continuum, including during the cooperation and competition phases, strongly emphasizing pre-conflict preparation of the battlespace to better match adversary positioning and cyber activities, including operational security assessments to strengthen the ability of the Department to gain and maintain a tactical advantage. (2) The extent to which critical and emerging technologies and concepts such as artificial intelligence and machine learning enabled analysis and process automation can reduce the amount of person hours operators spend on maintenance and reporting to maximize research and training time. (3) Identification of training requirements, and changes to training, sustainment practices, or concepts of operation or employment that may be needed to ensure the effectiveness, suitability, and sustainability of the next generation of cyber red teams. (4) The extent to which additional resources or partnerships may be needed to remediate personnel shortfalls in cyber red teams, including funding for internship programs, hiring, and contracting.", "id": "id4118306f94ce4e639415a5ff2b931a64", "header": "Assessment", "nested": [], "links": [] }, { "text": "(d) Implementation \nNot later than one year after the date of enactment of this Act, the Secretary of Defense shall issue such policies and guidance and prescribe such regulations as the Secretary determines necessary to carry out the plan required by subsection (a).", "id": "idda57265c6e5943dc98521be58c73d2a8", "header": "Implementation", "nested": [], "links": [] }, { "text": "(e) Annual reports \nNot later than January 31, 2025, and not less frequently than annually thereafter until January 31, 2031, the Director of Operational Test and Evaluation shall include in the annual report required by section 139(h) of title 10, United States Code, the following: (1) The findings of the Director with respect to the assessment carried out pursuant to subsection (c). (2) The results of test and evaluation events, including any resource and capability shortfalls limiting the ability of cyber red teams to meet operational requirements. (3) The extent to which operations of cyber red teams have expanded across the competition continuum, including during cooperation and competition phases, to match adversary positioning and cyber activities. (4) A summary of identified categories of common gaps and shortfalls across military department and Defense Agency cyber red teams. (5) Any identified lessons learned that would affect training or operational employment decisions relating to cyber red teams.", "id": "ide8a940112b274d63893e31a21faadb33", "header": "Annual reports", "nested": [], "links": [] } ], "links": [] }, { "text": "1705. Management of data assets by Chief Digital Officer \n(a) In general \nThe Secretary of Defense shall, acting through the Chief Data and Artificial Intelligence Officer of the Department of Defense (CDAO), provide data assets and data analytics capabilities necessary for understanding the global cyber-social terrain to support the planning and execution of defensive and offensive information operations, defensive and offensive cyber operations, indications and warning of adversary military activities and operations, and calibration of actions and reactions in great power competition. (b) Responsibilities of chief data and artificial intelligence officer \nThe Chief Data and Artificial Intelligence Officer shall— (1) develop a baseline of data assets maintained by all defense intelligence agencies, military departments, combatant commands, and any other components of the Department; and (2) develop and oversee the implementation of plans to enhance data assets that are essential to support the purposes set forth in subsection (a). (c) Other matters \nThe Chief Data and Artificial Intelligence Officer shall— (1) designate or establish one or more executive agents for enhancing data assets and the acquisition of data analytic tools for users; (2) ensure that data assets in the possession of a component of the Department are accessible for the purposes described in subsection (a); and (3) ensure that advanced analytics, including artificial intelligence technology, are developed and applied to the analysis of data assets in support of the purposes described in subsection (a). (d) Semiannual briefings \nNot later than 120 days after the date of the enactment of this Act and not less frequently semiannually thereafter, the Chief Data and Artificial Intelligence Officer shall provide the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the implementation of this section. (e) Prior approval reprogramming \nAfter the date of the enactment of this Act, the Secretary may transfer funds to begin implementation of this section, subject to established limitations and approval procedures.", "id": "idc2280a197ad4479e86eb0d7f8c041960", "header": "Management of data assets by Chief Digital Officer", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall, acting through the Chief Data and Artificial Intelligence Officer of the Department of Defense (CDAO), provide data assets and data analytics capabilities necessary for understanding the global cyber-social terrain to support the planning and execution of defensive and offensive information operations, defensive and offensive cyber operations, indications and warning of adversary military activities and operations, and calibration of actions and reactions in great power competition.", "id": "id2f341ce71c294220a7f1a3303b0bfefc", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Responsibilities of chief data and artificial intelligence officer \nThe Chief Data and Artificial Intelligence Officer shall— (1) develop a baseline of data assets maintained by all defense intelligence agencies, military departments, combatant commands, and any other components of the Department; and (2) develop and oversee the implementation of plans to enhance data assets that are essential to support the purposes set forth in subsection (a).", "id": "id9447782a2b9d43de92d878826a0b3008", "header": "Responsibilities of chief data and artificial intelligence officer", "nested": [], "links": [] }, { "text": "(c) Other matters \nThe Chief Data and Artificial Intelligence Officer shall— (1) designate or establish one or more executive agents for enhancing data assets and the acquisition of data analytic tools for users; (2) ensure that data assets in the possession of a component of the Department are accessible for the purposes described in subsection (a); and (3) ensure that advanced analytics, including artificial intelligence technology, are developed and applied to the analysis of data assets in support of the purposes described in subsection (a).", "id": "id5ce52afc7b5447f992f2fe9a8bb36c21", "header": "Other matters", "nested": [], "links": [] }, { "text": "(d) Semiannual briefings \nNot later than 120 days after the date of the enactment of this Act and not less frequently semiannually thereafter, the Chief Data and Artificial Intelligence Officer shall provide the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the implementation of this section.", "id": "id442d8ab0c54d45ff90b9191b3058f686", "header": "Semiannual briefings", "nested": [], "links": [] }, { "text": "(e) Prior approval reprogramming \nAfter the date of the enactment of this Act, the Secretary may transfer funds to begin implementation of this section, subject to established limitations and approval procedures.", "id": "idc06783cdd3164ebb83a5bf7c3f2fac9d", "header": "Prior approval reprogramming", "nested": [], "links": [] } ], "links": [] }, { "text": "1706. Authority for countering illegal trafficking by Mexican transnational criminal organizations in cyberspace \n(a) Authority \n(1) In general \nIn accordance with sections 124 and 394 of title 10, United States Code, the Secretary of Defense may, in coordination with other relevant Federal departments and agencies and in consultation with the Government of Mexico as appropriate, conduct detection, monitoring, and other operations in cyberspace to counter Mexican transnational criminal organizations that are engaged in any of the following activities that cross the southern border of the United States: (A) Smuggling of illegal drugs, controlled substances, or precursors thereof. (B) Human trafficking. (C) Weapons trafficking. (D) Other illegal activities. (2) Certain entities \nThe authority provided by paragraph (1) may be used to counter Mexican transnational criminal organizations, including entities cited in the most recent National Drug Threat Assessment published by the United States Drug Enforcement Administration, that are engaged in the activities described in (1). (b) Cyber strategy for countering illegal trafficking by transnational criminal organizations affecting the security of United States southern border \n(1) Strategy required \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall, in consultation with the National Cyber Director and the heads of such other Federal departments and agencies as the Secretary considers appropriate, submit to the appropriate congressional committees a strategy for conducting operations in cyberspace under subsection (a). (2) Elements \nThe strategy submitted pursuant to paragraph (1) shall include the following: (A) A description of the cyberspace presence and activities, including any information operations, of the entities described under subsection (a)(2) pose to the national security of the United States. (B) A description of any previous actions taken by the Department of Defense to conduct operations in cyberspace to counter illegal activities by transnational criminal organizations, and a description of those actions. (C) An assessment of the financial, technological, and personnel resources that the Secretary can deploy to exercise the authority provided in subsection (a) to counter illegal trafficking by transnational criminal organizations. (D) Recommendations, if any, for additional authorities as may be required to enhance the exercise of the authority provided in subsection (a). (E) A description of the extent to which the Secretary has worked, or intends to work, with the Government of Mexico, interagency partners, and the private sector to enable operations in cyberspace against illegal trafficking by transnational criminal organizations. (F) A description of the security cooperation programs in effect on the day before the date of the enactment of this Act that would enable the Secretary to cooperate with Mexican defense partners against illegal trafficking by transnational criminal organizations in cyberspace. (G) An assessment of the potential risks associated with cooperating with Mexican counterparts against transnational criminal organizations in cyberspace and ways that those risks can be mitigated, including in cooperation with Mexican partners. (H) A description of any cooperation agreements or initiatives in effect on the day before the date of the enactment of this Act with interagency partners and the government of Mexico to counter transnational criminal organizations in cyberspace. (c) Quarterly monitoring briefing \nThe Secretary shall, on a quarterly basis in conjunction with the briefings required by section 484 of title 10, United States Code, provide to the appropriate congressional committees a briefing setting forth, for the preceding calendar quarter, the following: (1) Each country in which an operation was conducted under subsection (a). (2) The purpose and nature of each operation set forth pursuant to paragraph (1). (3) The start date and end date or expected duration of each operation set forth pursuant to paragraph (1). (4) The elements of the Department of Defense down to O–6 command level who conducted or are conducting the operations set forth pursuant to paragraph (1). (d) Rule of construction \nNothing in this section shall be construed to supersede any standing prohibitions on collection of information on United States persons.", "id": "id4675e27d02cf48fc825fb7012cf1707b", "header": "Authority for countering illegal trafficking by Mexican transnational criminal organizations in cyberspace", "nested": [ { "text": "(a) Authority \n(1) In general \nIn accordance with sections 124 and 394 of title 10, United States Code, the Secretary of Defense may, in coordination with other relevant Federal departments and agencies and in consultation with the Government of Mexico as appropriate, conduct detection, monitoring, and other operations in cyberspace to counter Mexican transnational criminal organizations that are engaged in any of the following activities that cross the southern border of the United States: (A) Smuggling of illegal drugs, controlled substances, or precursors thereof. (B) Human trafficking. (C) Weapons trafficking. (D) Other illegal activities. (2) Certain entities \nThe authority provided by paragraph (1) may be used to counter Mexican transnational criminal organizations, including entities cited in the most recent National Drug Threat Assessment published by the United States Drug Enforcement Administration, that are engaged in the activities described in (1).", "id": "id9e5d95602a0041828726092506b790ac", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Cyber strategy for countering illegal trafficking by transnational criminal organizations affecting the security of United States southern border \n(1) Strategy required \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall, in consultation with the National Cyber Director and the heads of such other Federal departments and agencies as the Secretary considers appropriate, submit to the appropriate congressional committees a strategy for conducting operations in cyberspace under subsection (a). (2) Elements \nThe strategy submitted pursuant to paragraph (1) shall include the following: (A) A description of the cyberspace presence and activities, including any information operations, of the entities described under subsection (a)(2) pose to the national security of the United States. (B) A description of any previous actions taken by the Department of Defense to conduct operations in cyberspace to counter illegal activities by transnational criminal organizations, and a description of those actions. (C) An assessment of the financial, technological, and personnel resources that the Secretary can deploy to exercise the authority provided in subsection (a) to counter illegal trafficking by transnational criminal organizations. (D) Recommendations, if any, for additional authorities as may be required to enhance the exercise of the authority provided in subsection (a). (E) A description of the extent to which the Secretary has worked, or intends to work, with the Government of Mexico, interagency partners, and the private sector to enable operations in cyberspace against illegal trafficking by transnational criminal organizations. (F) A description of the security cooperation programs in effect on the day before the date of the enactment of this Act that would enable the Secretary to cooperate with Mexican defense partners against illegal trafficking by transnational criminal organizations in cyberspace. (G) An assessment of the potential risks associated with cooperating with Mexican counterparts against transnational criminal organizations in cyberspace and ways that those risks can be mitigated, including in cooperation with Mexican partners. (H) A description of any cooperation agreements or initiatives in effect on the day before the date of the enactment of this Act with interagency partners and the government of Mexico to counter transnational criminal organizations in cyberspace.", "id": "ide60d9c5695eb4ab2a76738b5be5e0c68", "header": "Cyber strategy for countering illegal trafficking by transnational criminal organizations affecting the security of United States southern border", "nested": [], "links": [] }, { "text": "(c) Quarterly monitoring briefing \nThe Secretary shall, on a quarterly basis in conjunction with the briefings required by section 484 of title 10, United States Code, provide to the appropriate congressional committees a briefing setting forth, for the preceding calendar quarter, the following: (1) Each country in which an operation was conducted under subsection (a). (2) The purpose and nature of each operation set forth pursuant to paragraph (1). (3) The start date and end date or expected duration of each operation set forth pursuant to paragraph (1). (4) The elements of the Department of Defense down to O–6 command level who conducted or are conducting the operations set forth pursuant to paragraph (1).", "id": "idc011f9ad6a0140abb5d3f0d86aee37ec", "header": "Quarterly monitoring briefing", "nested": [], "links": [] }, { "text": "(d) Rule of construction \nNothing in this section shall be construed to supersede any standing prohibitions on collection of information on United States persons.", "id": "id4d7bd8d5255846a396bcebb5e7189296", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "1707. Pilot program for cybersecurity collaboration center inclusion of semiconductor manufacturers \n(a) Establishment of pilot program \nThe Secretary of Defense shall, in coordination with the Director of the National Security Agency, establish a pilot program to assess the feasibility and advisability of improving the semiconductor manufacturing supply chain by enabling the National Security Agency Cybersecurity Collaboration Center to collaborate with semiconductor manufacturers in the United States. (b) Program scope \nThe pilot program established pursuant to subsection (a) shall focus on improving the cybersecurity of the supply chain for semiconductor design and manufacturing, including the following: (1) The cybersecurity of design and manufacturing processes, as well as assembly, packaging, and testing. (2) Protecting against cyber-driven intellectual property theft. (3) Reducing the risk of supply chain disruptions caused by cyberattacks. (c) Eligibility \nPersons who directly support the manufacture, packaging, and assembly of semiconductors within the United States and who provide semiconductor components for the Department of Defense, national security systems (as defined in section 3552(b) of title 44, United States Code), or the defense industrial base are eligible to participate in the pilot program. (d) Briefings \n(1) Initial \n(A) In general \nNot later than one year after the date of the enactment of this Act, the Secretary shall provide the appropriate committees of Congress a briefing on the pilot program required under subsection (a). (B) Elements \nThe briefing required under subparagraph (A) shall include the following: (i) The plans of the Secretary for the implementation of the pilot program. (ii) Identification of key priorities for the pilot program. (iii) Identification of any potential challenges in standing up the pilot program or impediments to semiconductor manufacturer or semiconductor component supplier participation in the pilot program. (2) Annual \n(A) In general \nNot later than one year after the date of the enactment of this Act and annually thereafter for the duration of the pilot program required by subsection (a), the Secretary shall provide the appropriate committees of Congress a briefing on the progress of the pilot program. (B) Elements \nEach briefing required under subparagraph (A) shall include the following: (i) Recommendations for addressing relevant policy, budgetary, security, and legislative gaps to increase the effectiveness of the pilot program. For the first annual briefing, this shall include an assessment of the resources necessary for the pilot to be successful. (ii) Recommendations for increasing semiconductor manufacturer or semiconductor component supplier participation in the pilot program. (iii) A description of the challenges encountered in carrying out the pilot program, including any concerns expressed by semiconductor manufacturers or semiconductor component supplier. (iv) The findings of the Secretary with respect to the feasibility and advisability of extending or expanding the pilot program. (v) Such other matters as the Secretary considers appropriate. (e) Termination \nThe pilot program required by subsection (a) shall terminate on the date that is four years after the date of the enactment of this Act. (f) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "IDe9c0141874674540b0bc79c6bfa1d85e", "header": "Pilot program for cybersecurity collaboration center inclusion of semiconductor manufacturers", "nested": [ { "text": "(a) Establishment of pilot program \nThe Secretary of Defense shall, in coordination with the Director of the National Security Agency, establish a pilot program to assess the feasibility and advisability of improving the semiconductor manufacturing supply chain by enabling the National Security Agency Cybersecurity Collaboration Center to collaborate with semiconductor manufacturers in the United States.", "id": "idba8186e72eae47d7b204cd9ea32f66f6", "header": "Establishment of pilot program", "nested": [], "links": [] }, { "text": "(b) Program scope \nThe pilot program established pursuant to subsection (a) shall focus on improving the cybersecurity of the supply chain for semiconductor design and manufacturing, including the following: (1) The cybersecurity of design and manufacturing processes, as well as assembly, packaging, and testing. (2) Protecting against cyber-driven intellectual property theft. (3) Reducing the risk of supply chain disruptions caused by cyberattacks.", "id": "idcc0d73b87f35424abe03b1c155629dc5", "header": "Program scope", "nested": [], "links": [] }, { "text": "(c) Eligibility \nPersons who directly support the manufacture, packaging, and assembly of semiconductors within the United States and who provide semiconductor components for the Department of Defense, national security systems (as defined in section 3552(b) of title 44, United States Code), or the defense industrial base are eligible to participate in the pilot program.", "id": "ida39bd5606f684daeb53d503284e581d6", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(d) Briefings \n(1) Initial \n(A) In general \nNot later than one year after the date of the enactment of this Act, the Secretary shall provide the appropriate committees of Congress a briefing on the pilot program required under subsection (a). (B) Elements \nThe briefing required under subparagraph (A) shall include the following: (i) The plans of the Secretary for the implementation of the pilot program. (ii) Identification of key priorities for the pilot program. (iii) Identification of any potential challenges in standing up the pilot program or impediments to semiconductor manufacturer or semiconductor component supplier participation in the pilot program. (2) Annual \n(A) In general \nNot later than one year after the date of the enactment of this Act and annually thereafter for the duration of the pilot program required by subsection (a), the Secretary shall provide the appropriate committees of Congress a briefing on the progress of the pilot program. (B) Elements \nEach briefing required under subparagraph (A) shall include the following: (i) Recommendations for addressing relevant policy, budgetary, security, and legislative gaps to increase the effectiveness of the pilot program. For the first annual briefing, this shall include an assessment of the resources necessary for the pilot to be successful. (ii) Recommendations for increasing semiconductor manufacturer or semiconductor component supplier participation in the pilot program. (iii) A description of the challenges encountered in carrying out the pilot program, including any concerns expressed by semiconductor manufacturers or semiconductor component supplier. (iv) The findings of the Secretary with respect to the feasibility and advisability of extending or expanding the pilot program. (v) Such other matters as the Secretary considers appropriate.", "id": "id89d294292f2740b8bf4600b9243b4698", "header": "Briefings", "nested": [], "links": [] }, { "text": "(e) Termination \nThe pilot program required by subsection (a) shall terminate on the date that is four years after the date of the enactment of this Act.", "id": "id1d0caf677597467eae3bc935f00e64a1", "header": "Termination", "nested": [], "links": [] }, { "text": "(f) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "id607cdf95dc8c4b059599a6694c77aa31", "header": "Appropriate congressional committees defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1708. Independent evaluation regarding potential establishment of United States Cyber Force and further evolution of current model for management and execution of cyber mission \n(a) Agreement \n(1) In general \nThe Secretary of Defense shall seek to enter into an agreement with the National Academy of Public Administration (in this section referred to as the National Academy ) for the National Academy to conduct the evaluation under subsection (b) and submit the report under subsection (e). (2) Timing \nThe Secretary shall seek to enter into the agreement described in paragraph (1) by not later than 60 days after the date of the enactment of this Act. (b) Evaluation \n(1) In general \nUnder an agreement between the Secretary and the National Academy entered into pursuant to subsection (a), the National Academy shall conduct an evaluation regarding the advisability of— (A) establishing a separate Armed Force dedicated to operations in the cyber domain (in this section referred to as the United States Cyber Force ); or (B) refining and further evolving the current organization approach, which is based on the Special Operations Command model for United States Cyber Command. (2) Scope \nThe evaluation conducted pursuant to paragraph (1) shall include consideration of— (A) the potential establishment of a United States Cyber Force as a separate Armed Force commensurate with the Army, Navy, Marine Corps, Air Force, and Space Force, for the purpose of organizing, training, and equipping the personnel required to enable and conduct operations in the cyber domain through positions aligned to the United States Cyber Command and the other unified combatant commands; (B) a United States Cyber Force able to devise and implement recruiting and retention policies and standards specific to the range of skills and career fields required to enable and conduct cyberspace operations, as determined by the United States Cyber Command and the other unified combatant commands; (C) the performance and efficacy of the Armed Forces to date, and potential improvements thereto from extending the model described in paragraph (1)(B), in satisfying the requirements of the combatant commands to enable and conduct operations in the cyber domain through positions aligned to the United States Cyber Command and other unified combatant commands, and any expected differences in that performance based on the creation of a United States Cyber Force as compared to evolutionary modifications to the current model; (D) the performance and efficacy of the Armed Forces to date, and potential improvements thereto from extending the model described in paragraph (1)(B), in devising and implementing recruitment and retention policies specific to the range of skills and career fields required to enable and conduct cyberspace operations, as determined by the United States Cyber Command and the other unified combatant commands, and any expected differences in that performance based on the creation of a United States Cyber Force as compared to evolutionary modifications to the current model; (E) potential and recommended delineations of responsibility between the other Armed Forces and a United States Cyber Force and an enhanced model described in paragraph (1)(B) with respect to network management, resourcing, and operations; (F) potential and recommended delineations of responsibility between the other Armed Forces and a United States Cyber Force and an enhancement of the model described in paragraph (1)(B) for United States Cyber Command with respect to organizing, training, and equipping members of the Cyberspace Operations Forces, not serving in positions aligned under the Cyber Mission Force, to the extent necessary to support network management and operations; (G) views and perspectives of members of the Armed Forces, in each grade, serving in the Cyber Mission Force with experience in operational work roles (as defined by the Commander of the United States Cyber Command), and military and civilian leaders across the Department regarding the establishment of a Cyber Force and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command; (H) the extent to which each of the other Armed Forces is formed towards, and organized around, operations within a given warfighting domain, and the potential applicability of such formation and organizing constructs to a United States Cyber Force with respect to the cyber domain; (I) findings from previous relevant assessments, analyses, and studies conducted by the Secretary, the Comptroller General of the United States, or other entities determined relevant by the National Academy on the establishment of a United States Cyber Force and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command; (J) the organizing constructs for effective and operationally mature cyber forces of foreign countries and the relevance of such constructs to the potential creation of a United States Cyber Force and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command; (K) lessons learned from the creation of the United States Space Force that should be applied to the creation of a United States Cyber Force; (L) recommendations for approaches to the creation of a United States Cyber Force and the further evolution of the model described in paragraph (1)(B) for United States Cyber Command that would minimize disruptions to Department of Defense cyber operations; (M) the histories of the Armed Forces, including an analysis of the conditions that preceded the establishment of each new Armed Force established since 1900; and (N) a comparison between the potential service secretariat leadership structures for a United States Cyber Force and the further evolution of the model described in paragraph (1) for United States Cyber Command, including establishing the United States Cyber Force within an existing military department, standing up a new military department, and evolving the service secretary-like function of the Principal Cyber Advisor in the Office of the Under Secretary of Defense for Policy. (3) Considerations \nThe evaluation conducted pursuant to paragraph (1) shall include an evaluation of how a potential United States Cyber Force dedicated to the cyber domain would compare in performance and efficacy to the current model and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command, with respect to the following functions and potential objective end states, as well as an evaluation of the importance of the functions and potential end states: (A) Organizing, training, and equipping the size of a force necessary to satisfy existing and projected requirements of the Department of Defense. (B) Harmonizing training requirements and programs in support of cyberspace operations. (C) Recruiting and retaining qualified officers and enlisted members of the Armed Forces at the levels necessary to execute cyberspace operations. (D) Using reserve component forces in support of cyberspace operations. (E) Sustaining persistent force readiness. (F) Generating foundational intelligence in support of cyberspace operations. (G) Acquiring and providing cyber capabilities in support of cyberspace operations. (H) Establishing pay parity among members of the Armed Forces serving in and qualified for work roles in support of cyberspace operations. (I) Establishing pay parity among civilians serving in and qualified for work roles in support of cyberspace operations. (J) Establishing advancement parity for members of the Armed Forces serving in and qualified for work roles in support of cyberspace operations. (K) Establishing advancement parity for civilians serving in and qualified for work roles in support of cyberspace operations. (L) Developing professional military education content and curricula focused on the cyber domain. (c) Support from federally funded research and development center \n(1) In general \nUpon a request from the National Academy, the Secretary shall seek to enter into an agreement with a federally funded research and development center described in paragraph (2) under which such federally funded research and development center shall support the National Academy in conducting the evaluation under subsection (b). (2) Federally funded research and development center described \nA federally funded research and development center described in this paragraph is a federally funded research and development center the staff of which includes subject matter experts with appropriate security clearances and expertise in— (A) cyber warfare; (B) personnel management; (C) military training processes; and (D) acquisition management. (d) Access to Department of Defense personnel, information, and resources \nUnder an agreement entered into between the Secretary and the National Academies under subsection (a)— (1) the Secretary shall agree to provide to the National Academy access to such personnel, information, and resources of the Department of Defense as may be determined necessary by the National Academy in furtherance of the conduct of the evaluation under subsection (b); and (2) if the Secretary does not provide such access, or any other major obstacle to such access occurs, the National Academy shall agree to notify the congressional defense committees not later than seven days after the date of such refusal or other occurrence. (e) Report \n(1) Submission to Congress \nUnder an agreement entered into between the Secretary and the National Academy under subsection (a), the National Academy shall submit to the congressional defense committees a report containing the findings of the National Academy with respect to the evaluation under subsection (b) not later than 210 days after the date of the execution of the agreement. (2) Prohibition against interference \nNo personnel of the Department of Defense, nor any other officer or employee of the United States Government, may interfere, exert undue influence, or in any way seek to alter the findings of the National Academy specified in paragraph (1) prior to the submission thereof under such paragraph. (3) Form \nThe report under paragraph (1) shall be submitted in an unclassified form, but may include a classified annex.", "id": "idA85B19E0C9884086959567582ADF741E", "header": "Independent evaluation regarding potential establishment of United States Cyber Force and further evolution of current model for management and execution of cyber mission", "nested": [ { "text": "(a) Agreement \n(1) In general \nThe Secretary of Defense shall seek to enter into an agreement with the National Academy of Public Administration (in this section referred to as the National Academy ) for the National Academy to conduct the evaluation under subsection (b) and submit the report under subsection (e). (2) Timing \nThe Secretary shall seek to enter into the agreement described in paragraph (1) by not later than 60 days after the date of the enactment of this Act.", "id": "HD53FC0262E7644CE8D3F4393ABDDAE17", "header": "Agreement", "nested": [], "links": [] }, { "text": "(b) Evaluation \n(1) In general \nUnder an agreement between the Secretary and the National Academy entered into pursuant to subsection (a), the National Academy shall conduct an evaluation regarding the advisability of— (A) establishing a separate Armed Force dedicated to operations in the cyber domain (in this section referred to as the United States Cyber Force ); or (B) refining and further evolving the current organization approach, which is based on the Special Operations Command model for United States Cyber Command. (2) Scope \nThe evaluation conducted pursuant to paragraph (1) shall include consideration of— (A) the potential establishment of a United States Cyber Force as a separate Armed Force commensurate with the Army, Navy, Marine Corps, Air Force, and Space Force, for the purpose of organizing, training, and equipping the personnel required to enable and conduct operations in the cyber domain through positions aligned to the United States Cyber Command and the other unified combatant commands; (B) a United States Cyber Force able to devise and implement recruiting and retention policies and standards specific to the range of skills and career fields required to enable and conduct cyberspace operations, as determined by the United States Cyber Command and the other unified combatant commands; (C) the performance and efficacy of the Armed Forces to date, and potential improvements thereto from extending the model described in paragraph (1)(B), in satisfying the requirements of the combatant commands to enable and conduct operations in the cyber domain through positions aligned to the United States Cyber Command and other unified combatant commands, and any expected differences in that performance based on the creation of a United States Cyber Force as compared to evolutionary modifications to the current model; (D) the performance and efficacy of the Armed Forces to date, and potential improvements thereto from extending the model described in paragraph (1)(B), in devising and implementing recruitment and retention policies specific to the range of skills and career fields required to enable and conduct cyberspace operations, as determined by the United States Cyber Command and the other unified combatant commands, and any expected differences in that performance based on the creation of a United States Cyber Force as compared to evolutionary modifications to the current model; (E) potential and recommended delineations of responsibility between the other Armed Forces and a United States Cyber Force and an enhanced model described in paragraph (1)(B) with respect to network management, resourcing, and operations; (F) potential and recommended delineations of responsibility between the other Armed Forces and a United States Cyber Force and an enhancement of the model described in paragraph (1)(B) for United States Cyber Command with respect to organizing, training, and equipping members of the Cyberspace Operations Forces, not serving in positions aligned under the Cyber Mission Force, to the extent necessary to support network management and operations; (G) views and perspectives of members of the Armed Forces, in each grade, serving in the Cyber Mission Force with experience in operational work roles (as defined by the Commander of the United States Cyber Command), and military and civilian leaders across the Department regarding the establishment of a Cyber Force and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command; (H) the extent to which each of the other Armed Forces is formed towards, and organized around, operations within a given warfighting domain, and the potential applicability of such formation and organizing constructs to a United States Cyber Force with respect to the cyber domain; (I) findings from previous relevant assessments, analyses, and studies conducted by the Secretary, the Comptroller General of the United States, or other entities determined relevant by the National Academy on the establishment of a United States Cyber Force and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command; (J) the organizing constructs for effective and operationally mature cyber forces of foreign countries and the relevance of such constructs to the potential creation of a United States Cyber Force and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command; (K) lessons learned from the creation of the United States Space Force that should be applied to the creation of a United States Cyber Force; (L) recommendations for approaches to the creation of a United States Cyber Force and the further evolution of the model described in paragraph (1)(B) for United States Cyber Command that would minimize disruptions to Department of Defense cyber operations; (M) the histories of the Armed Forces, including an analysis of the conditions that preceded the establishment of each new Armed Force established since 1900; and (N) a comparison between the potential service secretariat leadership structures for a United States Cyber Force and the further evolution of the model described in paragraph (1) for United States Cyber Command, including establishing the United States Cyber Force within an existing military department, standing up a new military department, and evolving the service secretary-like function of the Principal Cyber Advisor in the Office of the Under Secretary of Defense for Policy. (3) Considerations \nThe evaluation conducted pursuant to paragraph (1) shall include an evaluation of how a potential United States Cyber Force dedicated to the cyber domain would compare in performance and efficacy to the current model and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command, with respect to the following functions and potential objective end states, as well as an evaluation of the importance of the functions and potential end states: (A) Organizing, training, and equipping the size of a force necessary to satisfy existing and projected requirements of the Department of Defense. (B) Harmonizing training requirements and programs in support of cyberspace operations. (C) Recruiting and retaining qualified officers and enlisted members of the Armed Forces at the levels necessary to execute cyberspace operations. (D) Using reserve component forces in support of cyberspace operations. (E) Sustaining persistent force readiness. (F) Generating foundational intelligence in support of cyberspace operations. (G) Acquiring and providing cyber capabilities in support of cyberspace operations. (H) Establishing pay parity among members of the Armed Forces serving in and qualified for work roles in support of cyberspace operations. (I) Establishing pay parity among civilians serving in and qualified for work roles in support of cyberspace operations. (J) Establishing advancement parity for members of the Armed Forces serving in and qualified for work roles in support of cyberspace operations. (K) Establishing advancement parity for civilians serving in and qualified for work roles in support of cyberspace operations. (L) Developing professional military education content and curricula focused on the cyber domain.", "id": "HE2D31586EF6B4F1BB0BEFDB22976715C", "header": "Evaluation", "nested": [], "links": [] }, { "text": "(c) Support from federally funded research and development center \n(1) In general \nUpon a request from the National Academy, the Secretary shall seek to enter into an agreement with a federally funded research and development center described in paragraph (2) under which such federally funded research and development center shall support the National Academy in conducting the evaluation under subsection (b). (2) Federally funded research and development center described \nA federally funded research and development center described in this paragraph is a federally funded research and development center the staff of which includes subject matter experts with appropriate security clearances and expertise in— (A) cyber warfare; (B) personnel management; (C) military training processes; and (D) acquisition management.", "id": "H7E14CCEE1F4D4833B6A18D9809F86554", "header": "Support from federally funded research and development center", "nested": [], "links": [] }, { "text": "(d) Access to Department of Defense personnel, information, and resources \nUnder an agreement entered into between the Secretary and the National Academies under subsection (a)— (1) the Secretary shall agree to provide to the National Academy access to such personnel, information, and resources of the Department of Defense as may be determined necessary by the National Academy in furtherance of the conduct of the evaluation under subsection (b); and (2) if the Secretary does not provide such access, or any other major obstacle to such access occurs, the National Academy shall agree to notify the congressional defense committees not later than seven days after the date of such refusal or other occurrence.", "id": "H3128535D2DA040AF8BDF6453EF5886F0", "header": "Access to Department of Defense personnel, information, and resources", "nested": [], "links": [] }, { "text": "(e) Report \n(1) Submission to Congress \nUnder an agreement entered into between the Secretary and the National Academy under subsection (a), the National Academy shall submit to the congressional defense committees a report containing the findings of the National Academy with respect to the evaluation under subsection (b) not later than 210 days after the date of the execution of the agreement. (2) Prohibition against interference \nNo personnel of the Department of Defense, nor any other officer or employee of the United States Government, may interfere, exert undue influence, or in any way seek to alter the findings of the National Academy specified in paragraph (1) prior to the submission thereof under such paragraph. (3) Form \nThe report under paragraph (1) shall be submitted in an unclassified form, but may include a classified annex.", "id": "HA7EE4941E8B14BEA89F6694D28E819B6", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "1711. Requirements for deployment of fifth generation information and communications capabilities to Department of Defense bases and facilities \n(a) In general \nThe Secretary of Defense shall— (1) develop and implement a strategy for deploying private networks, based on fifth generation information and communications capabilities (5G) and Open Radio Access Network (ORAN) architecture, to military bases and facilities that are tailored to the specific mission, security, and performance requirements of those bases and facilities; (2) create a common, transparent, and streamlined process for enabling public network service providers of fifth generation information and communications capabilities to gain access to military bases and facilities to provide commercial subscriber services to government and contractor personnel and organizations located on those bases and facilities; and (3) decide, on a case-by-case basis or as a common requirement, whether to contract for— (A) neutral hosting, whereby infrastructure and services will be provided to companies deploying private networks and public network services through Multi-Operator Core Network architectures; or (B) separate private network and public network infrastructure. (b) International cooperation activities \nThe Secretary may engage in cooperation activities with foreign allies and partners of the United States, using an authority provided by another provision of law, to inform the efficient and effective deployment of Open Radio Access Network architecture and to implement the strategy required under subsection (a)(1). (c) Due date for strategy and briefing \n(1) Strategy \nThe Secretary shall develop the strategy required in subsection (a)(1) not later than 120 days after the date of the enactment of this Act. (2) Briefing \nNot later than 150 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the strategy developed under paragraph (1) of subsection (a) and the activities of the Secretary under such subsection. (d) Definition of Open Radio Access Network \nThe term Open Radio Access Network means a network architecture that is modular, uses open interfaces, and virtualizes functionality on commodity hardware through software.", "id": "id1D14D13F2D284DAC96E9A6A582973686", "header": "Requirements for deployment of fifth generation information and communications capabilities to Department of Defense bases and facilities", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall— (1) develop and implement a strategy for deploying private networks, based on fifth generation information and communications capabilities (5G) and Open Radio Access Network (ORAN) architecture, to military bases and facilities that are tailored to the specific mission, security, and performance requirements of those bases and facilities; (2) create a common, transparent, and streamlined process for enabling public network service providers of fifth generation information and communications capabilities to gain access to military bases and facilities to provide commercial subscriber services to government and contractor personnel and organizations located on those bases and facilities; and (3) decide, on a case-by-case basis or as a common requirement, whether to contract for— (A) neutral hosting, whereby infrastructure and services will be provided to companies deploying private networks and public network services through Multi-Operator Core Network architectures; or (B) separate private network and public network infrastructure.", "id": "id04A659372EA34B618A31BB5E519BE14F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) International cooperation activities \nThe Secretary may engage in cooperation activities with foreign allies and partners of the United States, using an authority provided by another provision of law, to inform the efficient and effective deployment of Open Radio Access Network architecture and to implement the strategy required under subsection (a)(1).", "id": "id0F4E3FBD463743FA902B0F916C66F1D0", "header": "International cooperation activities", "nested": [], "links": [] }, { "text": "(c) Due date for strategy and briefing \n(1) Strategy \nThe Secretary shall develop the strategy required in subsection (a)(1) not later than 120 days after the date of the enactment of this Act. (2) Briefing \nNot later than 150 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the strategy developed under paragraph (1) of subsection (a) and the activities of the Secretary under such subsection.", "id": "id07D2482679CB4391BAFDFA0B200B6715", "header": "Due date for strategy and briefing", "nested": [], "links": [] }, { "text": "(d) Definition of Open Radio Access Network \nThe term Open Radio Access Network means a network architecture that is modular, uses open interfaces, and virtualizes functionality on commodity hardware through software.", "id": "idE264CD7A52E04605AD0AE7FD0603102F", "header": "Definition of Open Radio Access Network", "nested": [], "links": [] } ], "links": [] }, { "text": "1712. Department of Defense information network boundary and cross-domain defense \n(a) Modernization program required \nThe Secretary of Defense shall carry out a modernization program for network boundary and cross-domain defense against cyber attacks, expanding upon the fiscal year 2023 pilot program and initial deployment to the primary Department of Defense internet access points (IAPs) managed by the Defense Information Systems Agency (DISA). (b) Program phases \n(1) In general \nThe modernization program required by subsection (a) shall be implemented in phases, with the objective of completing the program by October 1, 2028. (2) Objectives \nThe phases required by paragraph (1) shall include the following objectives: (A) By the end of fiscal year 2026, completion of— (i) a pilot of modernized boundary defense capabilities and initial and full deployment of the capabilities to internet access points managed by the Defense Information Systems Agency; and (ii) the extension of modernized boundary defense capabilities to all additional internet access points of the Department of Defense information network (DODIN). (B) By the end of fiscal year 2027, survey, pilot, and deploy modernized boundary defense capabilities to the access points and cross-domain capabilities of the Secret Internet Protocol Network. (C) By the end of fiscal year 2028, survey, pilot, and deploy modernized boundary defense capabilities to remaining classified networks and enclaves of the Department information network. (c) Briefing required \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on— (1) the findings of the Secretary with respect to the pilot and initial deployment under subsection (b)(2)(A)(i); and (2) the plans of the Secretary for the phased deployment to other internet access points and classified networks pursuant to subsection (b).", "id": "idd983e424f8a74f5ba8ead0e37054ae89", "header": "Department of Defense information network boundary and cross-domain defense", "nested": [ { "text": "(a) Modernization program required \nThe Secretary of Defense shall carry out a modernization program for network boundary and cross-domain defense against cyber attacks, expanding upon the fiscal year 2023 pilot program and initial deployment to the primary Department of Defense internet access points (IAPs) managed by the Defense Information Systems Agency (DISA).", "id": "id9da123c27e7a468095dd5aab00f9a0ec", "header": "Modernization program required", "nested": [], "links": [] }, { "text": "(b) Program phases \n(1) In general \nThe modernization program required by subsection (a) shall be implemented in phases, with the objective of completing the program by October 1, 2028. (2) Objectives \nThe phases required by paragraph (1) shall include the following objectives: (A) By the end of fiscal year 2026, completion of— (i) a pilot of modernized boundary defense capabilities and initial and full deployment of the capabilities to internet access points managed by the Defense Information Systems Agency; and (ii) the extension of modernized boundary defense capabilities to all additional internet access points of the Department of Defense information network (DODIN). (B) By the end of fiscal year 2027, survey, pilot, and deploy modernized boundary defense capabilities to the access points and cross-domain capabilities of the Secret Internet Protocol Network. (C) By the end of fiscal year 2028, survey, pilot, and deploy modernized boundary defense capabilities to remaining classified networks and enclaves of the Department information network.", "id": "id1a26f067efd14a80b9a462c1a3d0cd89", "header": "Program phases", "nested": [], "links": [] }, { "text": "(c) Briefing required \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on— (1) the findings of the Secretary with respect to the pilot and initial deployment under subsection (b)(2)(A)(i); and (2) the plans of the Secretary for the phased deployment to other internet access points and classified networks pursuant to subsection (b).", "id": "idcc42cd57a0a64383bd93bcce49542d55", "header": "Briefing required", "nested": [], "links": [] } ], "links": [] }, { "text": "1713. Policy and guidance on memory-safe software programming \n(a) Policy and guidance \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall develop a Department of Defense-wide policy and guidance in the form of a directive memorandum to implement the recommendations of the National Security Agency contained in the Software Memory Safety Cybersecurity Information Sheet published by the Agency in November, 2022, regarding memory-safe software programming languages and testing to identify memory-related vulnerabilities in software developed, acquired by, and used by the Department of Defense. (b) Requirements \nThe policy required in subsection (a) shall— (1) establish the conditions and associated approval processes under which a component of the Department may— (A) contract for the development of custom software that includes open source and reused software written in programming languages that are not classified as memory-safe by the Agency; (B) acquire commercial software items that use programming languages that are not classified as memory-safe by the Agency; (C) contract for software-as-a-service where the contractor uses programming languages that are not classified as memory-safe by the Agency; and (D) develop software in Federal Government-owned software factories programming languages that are not classified as memory-safe by the Agency; and (2) establish requirements and processes for employing static and dynamic application security testing that can identify memory-use issues and vulnerabilities and resolve them for software contracted for, developed, or acquired as described in paragraph (1). (c) Briefing required \nNot later than 300 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the policy and guidance developed under subsection (a).", "id": "idc0cd328e2b0548e280e90476db34cbc5", "header": "Policy and guidance on memory-safe software programming", "nested": [ { "text": "(a) Policy and guidance \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall develop a Department of Defense-wide policy and guidance in the form of a directive memorandum to implement the recommendations of the National Security Agency contained in the Software Memory Safety Cybersecurity Information Sheet published by the Agency in November, 2022, regarding memory-safe software programming languages and testing to identify memory-related vulnerabilities in software developed, acquired by, and used by the Department of Defense.", "id": "id00fe87a6809847ed92612d2874efd731", "header": "Policy and guidance", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe policy required in subsection (a) shall— (1) establish the conditions and associated approval processes under which a component of the Department may— (A) contract for the development of custom software that includes open source and reused software written in programming languages that are not classified as memory-safe by the Agency; (B) acquire commercial software items that use programming languages that are not classified as memory-safe by the Agency; (C) contract for software-as-a-service where the contractor uses programming languages that are not classified as memory-safe by the Agency; and (D) develop software in Federal Government-owned software factories programming languages that are not classified as memory-safe by the Agency; and (2) establish requirements and processes for employing static and dynamic application security testing that can identify memory-use issues and vulnerabilities and resolve them for software contracted for, developed, or acquired as described in paragraph (1).", "id": "id0fc63338d5e74f3288fb263698d30af8", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Briefing required \nNot later than 300 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the policy and guidance developed under subsection (a).", "id": "idae28d5ddfdd84d34b0e7da7cb700b1cd", "header": "Briefing required", "nested": [], "links": [] } ], "links": [] }, { "text": "1714. Development of regional cybersecurity strategies \n(a) Development of strategies required \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Commander of United States Cyber Command and each commander of a geographic combatant command, develop, for each geographic combatant command, a regional cybersecurity strategy to support the operations of such command. (b) Elements \nEach regional cybersecurity strategy developed under subsection (a) for a geographic combatant command shall include the following: (1) A description or an outline of methods to identify both nation-state and non-state cyber threat actors. (2) Processes to enhance the targeting, intelligence, and cyber capabilities of the combatant command. (3) Plans to increase the number of cyber planners embedded in the combatant command. (4) Processes to integrate cyber forces into other warfare domains. (5) A plan to assist, train, advise, and participate in cyber capacity building with international partners. (6) A prioritization of cyber risks and vulnerabilities within the geographic region. (7) Processes to coordinate cyber activities with interagency partners with activities in the geographic region. (8) Specific plans to assist in the defense of foreign infrastructure that is critical to the national security interests of the United States. (9) Means by which the Cybersecurity and Infrastructure Security Agency will be integrated into each strategy.", "id": "id9051652B975140C080C3BA6942052E87", "header": "Development of regional cybersecurity strategies", "nested": [ { "text": "(a) Development of strategies required \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Commander of United States Cyber Command and each commander of a geographic combatant command, develop, for each geographic combatant command, a regional cybersecurity strategy to support the operations of such command.", "id": "ida7d30e637216484a80934df60b4df1d0", "header": "Development of strategies required", "nested": [], "links": [] }, { "text": "(b) Elements \nEach regional cybersecurity strategy developed under subsection (a) for a geographic combatant command shall include the following: (1) A description or an outline of methods to identify both nation-state and non-state cyber threat actors. (2) Processes to enhance the targeting, intelligence, and cyber capabilities of the combatant command. (3) Plans to increase the number of cyber planners embedded in the combatant command. (4) Processes to integrate cyber forces into other warfare domains. (5) A plan to assist, train, advise, and participate in cyber capacity building with international partners. (6) A prioritization of cyber risks and vulnerabilities within the geographic region. (7) Processes to coordinate cyber activities with interagency partners with activities in the geographic region. (8) Specific plans to assist in the defense of foreign infrastructure that is critical to the national security interests of the United States. (9) Means by which the Cybersecurity and Infrastructure Security Agency will be integrated into each strategy.", "id": "idead4d8518cfd401e94b0439bd47cb782", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "1715. Cyber incident reporting \n(a) Cyber incident reporting requirement \n(1) Department governance \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Chief Information Officer of the Department of Defense, the Commander of United States Cyber Command, and the Commander of the Joint Force Headquarters Department of Defense Information Network— (A) assign responsibility to the Commander of the Joint Force Headquarters Department of Defense Information Network to oversee cyber incident reporting and notification of cyber incidents to Department leadership; (B) align policy and system requirements to enable the Department to have enterprise-wide visibility of cyber incident reporting to support rapid and appropriate response; and (C) distribute new guidance to Department personnel on cyber incident reporting, which shall include detailed procedures for identifying, reporting, and notifying Department leadership of critical cyber incidents. (2) Defense industrial base \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall ensure that the Chief Information Officer determines what actions need to be taken to encourage more complete and timely mandatory cyber incident reporting from persons in the defense industrial base. (3) Data breach notification \nThe Secretary shall ensure that components of the Department document instances in which Department personnel affected by a privacy data breach are notified of the breach within 72 hours of the discovery of the breach. (b) Assessment on establishing office of cyber statistics \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall complete an assessment of the feasibility and suitability of establishing, and resourcing required to establish, an office of cyber statistics to track cyber incidents and measure the response time of defense agencies and the military departments to address cyber threats, risks, and vulnerabilities. (2) Elements \nThe assessment required under paragraph (1) shall include an evaluation of the feasibility, suitability, and resourcing required for defense agencies and the military departments— (A) to collect data on the amount of time it takes to detect a cyber incident; (B) to respond to a cyber incident; (C) to fully mitigate the risk of high-impact cyber vulnerabilities; (D) to recover data following a malicious cyber intrusion; and (E) to collect such other metrics as the Secretary determines would help improve cyber incident reporting practices.", "id": "id85cd515887304e88b3a3d8338f830fa4", "header": "Cyber incident reporting", "nested": [ { "text": "(a) Cyber incident reporting requirement \n(1) Department governance \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Chief Information Officer of the Department of Defense, the Commander of United States Cyber Command, and the Commander of the Joint Force Headquarters Department of Defense Information Network— (A) assign responsibility to the Commander of the Joint Force Headquarters Department of Defense Information Network to oversee cyber incident reporting and notification of cyber incidents to Department leadership; (B) align policy and system requirements to enable the Department to have enterprise-wide visibility of cyber incident reporting to support rapid and appropriate response; and (C) distribute new guidance to Department personnel on cyber incident reporting, which shall include detailed procedures for identifying, reporting, and notifying Department leadership of critical cyber incidents. (2) Defense industrial base \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall ensure that the Chief Information Officer determines what actions need to be taken to encourage more complete and timely mandatory cyber incident reporting from persons in the defense industrial base. (3) Data breach notification \nThe Secretary shall ensure that components of the Department document instances in which Department personnel affected by a privacy data breach are notified of the breach within 72 hours of the discovery of the breach.", "id": "id5c509c8cbf59483aa5baeae0a22711aa", "header": "Cyber incident reporting requirement", "nested": [], "links": [] }, { "text": "(b) Assessment on establishing office of cyber statistics \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall complete an assessment of the feasibility and suitability of establishing, and resourcing required to establish, an office of cyber statistics to track cyber incidents and measure the response time of defense agencies and the military departments to address cyber threats, risks, and vulnerabilities. (2) Elements \nThe assessment required under paragraph (1) shall include an evaluation of the feasibility, suitability, and resourcing required for defense agencies and the military departments— (A) to collect data on the amount of time it takes to detect a cyber incident; (B) to respond to a cyber incident; (C) to fully mitigate the risk of high-impact cyber vulnerabilities; (D) to recover data following a malicious cyber intrusion; and (E) to collect such other metrics as the Secretary determines would help improve cyber incident reporting practices.", "id": "id4a03bac9caa941a591feb3e3a16c16e0", "header": "Assessment on establishing office of cyber statistics", "nested": [], "links": [] } ], "links": [] }, { "text": "1716. Management by Department of Defense of mobile applications \n(a) Implementation of recommendations \n(1) In general \nThe Secretary of Defense shall evaluate and implement to the maximum practicable extent the recommendations of the Inspector General of the Department of Defense with respect to managing mobile applications contained in the report set forth by the Inspector General dated February 9, 2023, and entitled Management Advisory: The DoD's Use of Mobile Applications (Report No. DODIG–2023–041). (2) Deadline \nThe Secretary shall implement the recommendations specified in subsection (a) by not later than one year after the date of the enactment of this Act, unless the Secretary notifies the congressional defense committees in writing of specific recommendations that the Secretary chooses not to implement or to implement after the date that is one year after the date of the enactment of this Act. (b) Briefing on requirements related to covered applications \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall brief the congressional defense committees on actions taken by the Secretary to enforce compliance with existing policy of the Department of Defense that prohibits— (A) the installation and use of covered applications on Federal Government devices; and (B) the use of covered applications on the Department of Defense Information Network on personal devices. (2) Covered applications defined \nIn this subsection, the term covered applications means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.", "id": "idbe6a4bed9bcc470f849f8629b5aa1c82", "header": "Management by Department of Defense of mobile applications", "nested": [ { "text": "(a) Implementation of recommendations \n(1) In general \nThe Secretary of Defense shall evaluate and implement to the maximum practicable extent the recommendations of the Inspector General of the Department of Defense with respect to managing mobile applications contained in the report set forth by the Inspector General dated February 9, 2023, and entitled Management Advisory: The DoD's Use of Mobile Applications (Report No. DODIG–2023–041). (2) Deadline \nThe Secretary shall implement the recommendations specified in subsection (a) by not later than one year after the date of the enactment of this Act, unless the Secretary notifies the congressional defense committees in writing of specific recommendations that the Secretary chooses not to implement or to implement after the date that is one year after the date of the enactment of this Act.", "id": "id1b6ee73392114bf7943c1dbb2f688441", "header": "Implementation of recommendations", "nested": [], "links": [] }, { "text": "(b) Briefing on requirements related to covered applications \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall brief the congressional defense committees on actions taken by the Secretary to enforce compliance with existing policy of the Department of Defense that prohibits— (A) the installation and use of covered applications on Federal Government devices; and (B) the use of covered applications on the Department of Defense Information Network on personal devices. (2) Covered applications defined \nIn this subsection, the term covered applications means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.", "id": "id9d4fb68c5fc34d279fbfbe390ed7c937", "header": "Briefing on requirements related to covered applications", "nested": [], "links": [] } ], "links": [] }, { "text": "1717. Security enhancements for the nuclear command, control, and communications network \n(a) Required establishment of cross-functional team \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a cross-functional team, in accordance with section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note), to develop and direct the implementation of a threat-driven cyber defense construct for systems and networks that support the nuclear command, control, and communications (commonly referred to as NC3 ) mission. (2) Participation in the cross-functional team \nThe Secretary shall ensure that each of the military departments, the Defense Information Systems Agency, the National Security Agency, United States Cyber Command, and the Nuclear Command, Control, and Communications Enterprise Center of United States Strategic Command provide staff for the cross-functional team. (3) Scope \nThe cross-functional team shall work to enhance the cyber defense of the nuclear command, control, and communications network during the period beginning on the date of the enactment of this Act and ending on October 31, 2028, or a subsequent date as the Secretary may determine. (b) Required construct and plan of action and milestones \nNot later than one year after the date of the enactment of this Act, the head of the cross-functional team established pursuant to subsection (a)(1) shall develop a cyber defense construct and associated plans of actions and milestones to enhance the security of the systems and networks that support the nuclear command, control, and communications mission that are based on— (1) the application of the principles of the Zero Trust Architecture approach to security; (2) analysis of appropriately comprehensive endpoint and network telemetry data; and (3) control capabilities enabling rapid investigation and remediation of indicators of compromise and threats to mission execution. (c) Annual briefings \nDuring the 60-day period beginning on the date that is 30 days before the date on which the President submits to Congress the budget of the President for fiscal year 2025 pursuant to section 1105(a) of title 31, United States Code, and for each of fiscal years 2026 through 2028, the Secretary shall provide the congressional defense committees a briefing on the implementation of this section.", "id": "iddcfdcc1cbb664895850e1c2e18458ed6", "header": "Security enhancements for the nuclear command, control, and communications network", "nested": [ { "text": "(a) Required establishment of cross-functional team \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a cross-functional team, in accordance with section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note), to develop and direct the implementation of a threat-driven cyber defense construct for systems and networks that support the nuclear command, control, and communications (commonly referred to as NC3 ) mission. (2) Participation in the cross-functional team \nThe Secretary shall ensure that each of the military departments, the Defense Information Systems Agency, the National Security Agency, United States Cyber Command, and the Nuclear Command, Control, and Communications Enterprise Center of United States Strategic Command provide staff for the cross-functional team. (3) Scope \nThe cross-functional team shall work to enhance the cyber defense of the nuclear command, control, and communications network during the period beginning on the date of the enactment of this Act and ending on October 31, 2028, or a subsequent date as the Secretary may determine.", "id": "idee2c2573b2d8404fbf8eb9d5bd08ad81", "header": "Required establishment of cross-functional team", "nested": [], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "10 U.S.C. 111", "legal-doc": "usc", "parsable-cite": "usc/10/111" } ] }, { "text": "(b) Required construct and plan of action and milestones \nNot later than one year after the date of the enactment of this Act, the head of the cross-functional team established pursuant to subsection (a)(1) shall develop a cyber defense construct and associated plans of actions and milestones to enhance the security of the systems and networks that support the nuclear command, control, and communications mission that are based on— (1) the application of the principles of the Zero Trust Architecture approach to security; (2) analysis of appropriately comprehensive endpoint and network telemetry data; and (3) control capabilities enabling rapid investigation and remediation of indicators of compromise and threats to mission execution.", "id": "id82e62c8a00844d93b966b5f5d4d8f064", "header": "Required construct and plan of action and milestones", "nested": [], "links": [] }, { "text": "(c) Annual briefings \nDuring the 60-day period beginning on the date that is 30 days before the date on which the President submits to Congress the budget of the President for fiscal year 2025 pursuant to section 1105(a) of title 31, United States Code, and for each of fiscal years 2026 through 2028, the Secretary shall provide the congressional defense committees a briefing on the implementation of this section.", "id": "id36ae0ce159ce4715924f993a85e7f7b4", "header": "Annual briefings", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "10 U.S.C. 111", "legal-doc": "usc", "parsable-cite": "usc/10/111" } ] }, { "text": "1718. Guidance regarding securing laboratories of the Armed Forces \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Chief Information Officer of the Department of Defense, the Chief Digital and Artificial Intelligence Officer of the Department, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Intelligence and Security, issue guidance throughout the Department regarding methods and processes to secure laboratories of the Armed Forces from— (1) unauthorized access and intrusion; (2) damage to, and destruction, manipulation, or theft of, physical and digital laboratory assets; (3) accidental or intentional release or disclosure of sensitive information; and (4) cyber sabotage. (b) Methods and processes \nAt a minimum, the methods and processes required under subsection (a) shall include guidance to— (1) secure laboratory operations through zero trust principles; (2) control access of devices to laboratory information networks; (3) secure inventory management processes; (4) control or limit access to laboratories of the Armed Forces to authorized individuals; (5) maintain the security and integrity of data libraries, repositories, and other digital assets; (6) report and remediate cyber incidents or other unauthorized intrusions; (7) train and educate personnel of the Department on laboratory security; (8) develop an operations security (OPSEC) plan to secure laboratory operations that can be used to implement the appropriate countermeasures given the mission, assessed risk, and resources available to the unit and provides guidelines for implementation of routine procedures and measures to be employed during daily operations or activities of the unit; and (9) develop and train applicable units on individualized secure laboratory critical information and indicator lists to aid in protecting critical information about Department activities, intentions, capabilities, or limitations that an adversary seeks to gain a military, political, diplomatic, economic, or technological advantage.", "id": "id4c490cbeed69499d82136e7eea05839f", "header": "Guidance regarding securing laboratories of the Armed Forces", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Chief Information Officer of the Department of Defense, the Chief Digital and Artificial Intelligence Officer of the Department, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Intelligence and Security, issue guidance throughout the Department regarding methods and processes to secure laboratories of the Armed Forces from— (1) unauthorized access and intrusion; (2) damage to, and destruction, manipulation, or theft of, physical and digital laboratory assets; (3) accidental or intentional release or disclosure of sensitive information; and (4) cyber sabotage.", "id": "ide5749a8faa6b471a9d197d8ab3578ccf", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Methods and processes \nAt a minimum, the methods and processes required under subsection (a) shall include guidance to— (1) secure laboratory operations through zero trust principles; (2) control access of devices to laboratory information networks; (3) secure inventory management processes; (4) control or limit access to laboratories of the Armed Forces to authorized individuals; (5) maintain the security and integrity of data libraries, repositories, and other digital assets; (6) report and remediate cyber incidents or other unauthorized intrusions; (7) train and educate personnel of the Department on laboratory security; (8) develop an operations security (OPSEC) plan to secure laboratory operations that can be used to implement the appropriate countermeasures given the mission, assessed risk, and resources available to the unit and provides guidelines for implementation of routine procedures and measures to be employed during daily operations or activities of the unit; and (9) develop and train applicable units on individualized secure laboratory critical information and indicator lists to aid in protecting critical information about Department activities, intentions, capabilities, or limitations that an adversary seeks to gain a military, political, diplomatic, economic, or technological advantage.", "id": "id5736a4662dfe4aa7bc7a5cadc5ae22ba", "header": "Methods and processes", "nested": [], "links": [] } ], "links": [] }, { "text": "1719. Establishing Identity, Credential, and Access Management initiative as a program of record \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall establish the Identity, Credential, and Access Management (ICAM) initiative as a program of record subject to milestone reviews, compliance with requirements, and operational testing. (b) Elements \nThe program of record established pursuant to subsection (a) shall encompass, at a minimum, the following: (1) Correcting the authentication and credentialing security weaknesses, including in the Public Key Infrastructure program, identified by the Director of Operational Test and Evaluation in a report submitted to Congress in April, 2023, entitled FY14–21 Observations of the Compromise of Cyber Credentials. (2) Implementing improved authentication technologies, such as biometric and behavioral authentication techniques and other non-password-based solutions. (c) Briefing \nNot later than 150 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the parameters of the program of record established pursuant to subsection (a).", "id": "id8f00b7ca58f447ad9ec8c034dad556ad", "header": "Establishing Identity, Credential, and Access Management initiative as a program of record", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall establish the Identity, Credential, and Access Management (ICAM) initiative as a program of record subject to milestone reviews, compliance with requirements, and operational testing.", "id": "id44b210b56e0f481cb1556e1080322113", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe program of record established pursuant to subsection (a) shall encompass, at a minimum, the following: (1) Correcting the authentication and credentialing security weaknesses, including in the Public Key Infrastructure program, identified by the Director of Operational Test and Evaluation in a report submitted to Congress in April, 2023, entitled FY14–21 Observations of the Compromise of Cyber Credentials. (2) Implementing improved authentication technologies, such as biometric and behavioral authentication techniques and other non-password-based solutions.", "id": "id683348b45a4446bf9df67e6c3f590599", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Briefing \nNot later than 150 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the parameters of the program of record established pursuant to subsection (a).", "id": "id045cf58784ca40089f6dd4544f138c5a", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "1720. Strategy on cybersecurity resiliency of Department of Defense space enterprise \n(a) Strategy \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Chief Information Officer of the Department of Defense, the Commander of United States Cyber Command, the Secretary of the Air Force, and the Commander of United States Space Command, develop and commence implementation of a Department-wide strategy regarding cyber protection activities for the Department of Defense space enterprise. (b) Elements \nThe strategy developed and implemented pursuant to subsection (a) shall, at a minimum, address the following elements: (1) The coordination and synchronization of cyber protection activities across combatant commands, the military departments, and defense agencies. (2) The adoption and implementation of zero trust architecture on legacy and new space-based systems. (3) How the Department will prioritize the mitigation of known cyber risks and vulnerabilities to legacy and new space-based systems. (4) How the Department will accelerate the development of capabilities to protect space-based systems from cyber threats. (c) Briefing \nNot later than 150 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the strategy developed and implemented pursuant to subsection (a).", "id": "id36ffc3a7847f41adb6511fde15ac36fd", "header": "Strategy on cybersecurity resiliency of Department of Defense space enterprise", "nested": [ { "text": "(a) Strategy \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Chief Information Officer of the Department of Defense, the Commander of United States Cyber Command, the Secretary of the Air Force, and the Commander of United States Space Command, develop and commence implementation of a Department-wide strategy regarding cyber protection activities for the Department of Defense space enterprise.", "id": "id3d983fe842064515b9f19626245f3057", "header": "Strategy", "nested": [], "links": [] }, { "text": "(b) Elements \nThe strategy developed and implemented pursuant to subsection (a) shall, at a minimum, address the following elements: (1) The coordination and synchronization of cyber protection activities across combatant commands, the military departments, and defense agencies. (2) The adoption and implementation of zero trust architecture on legacy and new space-based systems. (3) How the Department will prioritize the mitigation of known cyber risks and vulnerabilities to legacy and new space-based systems. (4) How the Department will accelerate the development of capabilities to protect space-based systems from cyber threats.", "id": "id47130bc2bf704378a70effe481a82881", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Briefing \nNot later than 150 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the strategy developed and implemented pursuant to subsection (a).", "id": "idb9619299d80144f693687c58ad93684d", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "1721. Requirements for implementation of user activity monitoring for cleared personnel and operational and information technology administrators and other privileged users \n(a) In general \nThe Secretary of Defense shall require each head of a component of the Department of Defense to fully implement directives, policies, and program requirements for user activity monitoring and least privilege access controls for Federal Government and contractor personnel granted access to classified information and classified networks. (b) Specific user activity control requirements \nThe Secretary shall require each head of a Department component to fully implement the detection, collection, and auditing of the following: (1) Sent and received emails, including sent attachments and emails sent outside of Federal Government domains. (2) Screen captures and print jobs, with focused attention on unusual volumes and times. (3) Accesses to World Wide Web Uniform Resource Locators and uploads and downloads involving nongovernment domains. (4) All instances in which a user creates, copies, moves to, or renames a file on removable media. (5) Secure file transfers, including on nonstandard ports. (6) Keystrokes. (7) Unauthorized research on user activity monitoring agents and techniques to disable user activity monitoring agents. (8) Attempts to clear event logs on devices. (9) Unauthorized applications being installed or run on an endpoint. (10) Installation and use of mounted drives, including serial numbers of such drives. (11) Initiation and control of an interactive session on a remote computer or virtual machine. (12) Instances where monitored users are denied access to a network location or resource. (13) Users uploading to or downloading from cloud services. (14) Administrative actions by privileged users, including remote and after-hour administrative actions, as well as document viewing, copy and paste activity, and file copying to new locations. (c) Additional requirements \nThe Secretary shall require each head of a Department component to implement the following: (1) Automated controls to prohibit privileged user accounts from performing general user activities not requiring privileged access. (2) Two-person control whereby privileged users attempt to initiate data transfers from a classified domain and removable media-based data transfer activities on classified networks. (d) Establishing user activity monitoring behavior thresholds \n(1) In general \nThe Secretary shall require each head of a Department component to implement standard triggers, alerts, and controls developed by the Under Secretary of Defense for Intelligence and Security based on insider threat behavior models approved by the Under Secretary. (2) Approval of deviations \nA head of a Department component that seeks to adopt a practice pursuant to paragraph (1) that deviates from standard triggers, alerts, and controls described in such paragraph by being less stringent shall submit to the Under Secretary a request for approval for such deviation along with a written justification for such deviation. (e) Periodic testing \nThe Secretary shall require each head of a Department component, not less frequently than once every two years— (1) to conduct insider threat testing using threat-realistic tactics, techniques, and procedures; and (2) to submit to the Under Secretary and the Director of Operational Test and Evaluation a report on the findings of the head with respect to the testing conducted pursuant to paragraph (1). (f) Periodic reviews and updates \nThe Secretary shall review and update the standard set of triggers, alerts, and controls described in subsection (d)(1) at least once every three years to account for new technology, new insider threat behaviors, and the results of testing conducted pursuant to subsection (e)(1). (g) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services and the Select Committee on Intelligence of the Senate and the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives a report on the implementation of the requirements of this section. (h) Definition of triggers \nIn this section, the term trigger means a set of logic statements applied to a data stream that produces an alert when an anomalous incident or behavior occurs.", "id": "id3978398216da4391aedd6c39e5714e2a", "header": "Requirements for implementation of user activity monitoring for cleared personnel and operational and information technology administrators and other privileged users", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall require each head of a component of the Department of Defense to fully implement directives, policies, and program requirements for user activity monitoring and least privilege access controls for Federal Government and contractor personnel granted access to classified information and classified networks.", "id": "id510a26414aad40dba3dc4e242715bd68", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Specific user activity control requirements \nThe Secretary shall require each head of a Department component to fully implement the detection, collection, and auditing of the following: (1) Sent and received emails, including sent attachments and emails sent outside of Federal Government domains. (2) Screen captures and print jobs, with focused attention on unusual volumes and times. (3) Accesses to World Wide Web Uniform Resource Locators and uploads and downloads involving nongovernment domains. (4) All instances in which a user creates, copies, moves to, or renames a file on removable media. (5) Secure file transfers, including on nonstandard ports. (6) Keystrokes. (7) Unauthorized research on user activity monitoring agents and techniques to disable user activity monitoring agents. (8) Attempts to clear event logs on devices. (9) Unauthorized applications being installed or run on an endpoint. (10) Installation and use of mounted drives, including serial numbers of such drives. (11) Initiation and control of an interactive session on a remote computer or virtual machine. (12) Instances where monitored users are denied access to a network location or resource. (13) Users uploading to or downloading from cloud services. (14) Administrative actions by privileged users, including remote and after-hour administrative actions, as well as document viewing, copy and paste activity, and file copying to new locations.", "id": "idf8db3632f2a9416caf44528a09edae68", "header": "Specific user activity control requirements", "nested": [], "links": [] }, { "text": "(c) Additional requirements \nThe Secretary shall require each head of a Department component to implement the following: (1) Automated controls to prohibit privileged user accounts from performing general user activities not requiring privileged access. (2) Two-person control whereby privileged users attempt to initiate data transfers from a classified domain and removable media-based data transfer activities on classified networks.", "id": "id4de738d29d9c42b0acc8dc16db114d96", "header": "Additional requirements", "nested": [], "links": [] }, { "text": "(d) Establishing user activity monitoring behavior thresholds \n(1) In general \nThe Secretary shall require each head of a Department component to implement standard triggers, alerts, and controls developed by the Under Secretary of Defense for Intelligence and Security based on insider threat behavior models approved by the Under Secretary. (2) Approval of deviations \nA head of a Department component that seeks to adopt a practice pursuant to paragraph (1) that deviates from standard triggers, alerts, and controls described in such paragraph by being less stringent shall submit to the Under Secretary a request for approval for such deviation along with a written justification for such deviation.", "id": "idc1f88d4a1e984300994e98f17dc13d07", "header": "Establishing user activity monitoring behavior thresholds", "nested": [], "links": [] }, { "text": "(e) Periodic testing \nThe Secretary shall require each head of a Department component, not less frequently than once every two years— (1) to conduct insider threat testing using threat-realistic tactics, techniques, and procedures; and (2) to submit to the Under Secretary and the Director of Operational Test and Evaluation a report on the findings of the head with respect to the testing conducted pursuant to paragraph (1).", "id": "id9df7dd1bd7144432bbbb840f9ef1b38e", "header": "Periodic testing", "nested": [], "links": [] }, { "text": "(f) Periodic reviews and updates \nThe Secretary shall review and update the standard set of triggers, alerts, and controls described in subsection (d)(1) at least once every three years to account for new technology, new insider threat behaviors, and the results of testing conducted pursuant to subsection (e)(1).", "id": "idd810b64e88c0481d89167b6248bb7a78", "header": "Periodic reviews and updates", "nested": [], "links": [] }, { "text": "(g) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services and the Select Committee on Intelligence of the Senate and the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives a report on the implementation of the requirements of this section.", "id": "ide407c4c894cc4234a7ea1e38e1d14a74", "header": "Report", "nested": [], "links": [] }, { "text": "(h) Definition of triggers \nIn this section, the term trigger means a set of logic statements applied to a data stream that produces an alert when an anomalous incident or behavior occurs.", "id": "idcb75e68ce0444c2c936e162989d83100", "header": "Definition of triggers", "nested": [], "links": [] } ], "links": [] }, { "text": "1722. Department of Defense digital content provenance \n(a) Briefing \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Director of the Defense Media Activity (DMA) shall provide a to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on developing a course of education at the Defense Information School (DINFOS) to teach the practical concepts and skills needed by Department of Defense public affairs, audiovisual, visual information, and records management specialists. (2) Elements \nThe briefing provided pursuant to paragraph (1) shall cover the following: (A) The expertise and qualifications of the Department personnel who will be responsible for teaching the proposed course of education. (B) The list of sources that will be consulted and used to develop the proposed curriculum for the course of education. (C) A description of the industry open technical standards under subsection (b)(1)(C). (D) The status of the implementation of the course of education. (b) Course of education required \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Director of the Defense Media Activity shall establish a course of education at the Defense Information School to teach the practical concepts and skills needed by public affairs, audiovisual, visual information, and records management specialists to understand the following: (A) Digital content provenance for applicable Department media content. (B) The challenges posed to Department missions and operations by a digital content forgery. (C) How existing industry open technical standards may be used to authenticate the digital content provenance of applicable Department media content. (2) Matters covered \nThe course of education established pursuant to paragraph (1) shall cover the following: (A) The challenges to Department missions and operations posed by a digital content forgery. (B) The development of industry open technical standards for verifying the digital content provenance of applicable Department media content. (C) Hands-on training techniques for capturing secure and authenticated digital content for documenting and communicating Department themes and messages. (D) Training for completing post-production tasks by using industry open technical standards for digital content provenance and transmitting applicable Department media content in both operational and nonoperational environments. (E) Such other matters as the Director considers appropriate. (3) Report \nNot later than one year after the date of the establishment of the course required in paragraph (1), the Director shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the following: (A) The status of the development of a curriculum to carry out the course of education required by paragraph (1). (B) The implementation plan of the Director for such course of education, including the following: (i) The expertise and qualifications of the Department personnel responsible for teaching the course of education. (ii) The list of sources consulted and used to develop the curriculum for the course of education. (iii) A description of the industry open technical standards under subsection (b)(1)(C). (iv) The status of the implementation of the course of education. (C) The resources available to the Director to carry out this subsection and whether the Director requires any additional resources to carry out this subsection. (c) Pilot program on implementing digital content provenance standards \n(1) Pilot program required \nNot later than one year after the date of the enactment of this Act, the Director shall commence a pilot program to assess the feasibility and advisability of implementing industry open technical standards for digital content provenance for official Department photographic and video visual documentation that is publicly released by the Defense Visual Information Distribution Service (DVIDS) and other distribution platforms, systems, and services used by the Department. (2) Elements \nIn carrying out the pilot program required by paragraph (1), the Director shall— (A) establish a process for using industry open technical standards for verifying the digital content provenance of applicable Department media content; (B) apply technology solutions on photographs and videos of the Department publicly released after the date of the enactment of this section, that comport with industry open technical standard for digital content provenance; (C) assess the feasibility and advisability of applying an industry open technical standard for digital content provenance on historical visual information records of the Department stored at the Defense Visual Information Records Center; and (D) develop and apply measure of effectiveness for the execution of the pilot program. (3) Consultation \nIn carrying out the pilot program required by paragraph (1), the Director may consult with federally funded research and development centers, private industry, academia, and such others as the Director considers appropriate. (4) Termination \nThe pilot program carried out pursuant to paragraph (1) shall terminate on January 1, 2027. (5) Report \n(A) In general \nNot later than January 1, 2026, the Director shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the pilot program. (B) Contents \nThe report submitted pursuant to subparagraph (A) shall include the following: (i) The findings of the Director with respect to the pilot program. (ii) The names of all entities the Director consulted with in carrying out the pilot program as authorized under paragraph (3). (iii) Assessment of the effectiveness of the pilot. (iv) A recommendation as to whether the pilot program should be made permanent. (d) Definitions \nIn this section: (1) The term applicable Department media content means the media holdings generated, stored, or controlled by the Defense Media Activity. (2) The term digital content forgery means the use of emerging technologies, including artificial intelligence and machine learning techniques to fabricate or manipulate audio, visual, or text content with the intent to mislead. (3) The term digital content provenance means the verifiable chronology of the origin and history of a piece of digital content, such as an image, video, audio recording, or electronic document.", "id": "id06c0a4ab2e144e269be3f8b470f0e31b", "header": "Department of Defense digital content provenance", "nested": [ { "text": "(a) Briefing \n(1) In general \nNot later than 90 days after the date of the enactment of this Act, the Director of the Defense Media Activity (DMA) shall provide a to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on developing a course of education at the Defense Information School (DINFOS) to teach the practical concepts and skills needed by Department of Defense public affairs, audiovisual, visual information, and records management specialists. (2) Elements \nThe briefing provided pursuant to paragraph (1) shall cover the following: (A) The expertise and qualifications of the Department personnel who will be responsible for teaching the proposed course of education. (B) The list of sources that will be consulted and used to develop the proposed curriculum for the course of education. (C) A description of the industry open technical standards under subsection (b)(1)(C). (D) The status of the implementation of the course of education.", "id": "id1680e72a4f5a4b8abc3333cbecdfee13", "header": "Briefing", "nested": [], "links": [] }, { "text": "(b) Course of education required \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Director of the Defense Media Activity shall establish a course of education at the Defense Information School to teach the practical concepts and skills needed by public affairs, audiovisual, visual information, and records management specialists to understand the following: (A) Digital content provenance for applicable Department media content. (B) The challenges posed to Department missions and operations by a digital content forgery. (C) How existing industry open technical standards may be used to authenticate the digital content provenance of applicable Department media content. (2) Matters covered \nThe course of education established pursuant to paragraph (1) shall cover the following: (A) The challenges to Department missions and operations posed by a digital content forgery. (B) The development of industry open technical standards for verifying the digital content provenance of applicable Department media content. (C) Hands-on training techniques for capturing secure and authenticated digital content for documenting and communicating Department themes and messages. (D) Training for completing post-production tasks by using industry open technical standards for digital content provenance and transmitting applicable Department media content in both operational and nonoperational environments. (E) Such other matters as the Director considers appropriate. (3) Report \nNot later than one year after the date of the establishment of the course required in paragraph (1), the Director shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the following: (A) The status of the development of a curriculum to carry out the course of education required by paragraph (1). (B) The implementation plan of the Director for such course of education, including the following: (i) The expertise and qualifications of the Department personnel responsible for teaching the course of education. (ii) The list of sources consulted and used to develop the curriculum for the course of education. (iii) A description of the industry open technical standards under subsection (b)(1)(C). (iv) The status of the implementation of the course of education. (C) The resources available to the Director to carry out this subsection and whether the Director requires any additional resources to carry out this subsection.", "id": "id76f773d0e2354cc2a74af7c7dd3b7d9b", "header": "Course of education required", "nested": [], "links": [] }, { "text": "(c) Pilot program on implementing digital content provenance standards \n(1) Pilot program required \nNot later than one year after the date of the enactment of this Act, the Director shall commence a pilot program to assess the feasibility and advisability of implementing industry open technical standards for digital content provenance for official Department photographic and video visual documentation that is publicly released by the Defense Visual Information Distribution Service (DVIDS) and other distribution platforms, systems, and services used by the Department. (2) Elements \nIn carrying out the pilot program required by paragraph (1), the Director shall— (A) establish a process for using industry open technical standards for verifying the digital content provenance of applicable Department media content; (B) apply technology solutions on photographs and videos of the Department publicly released after the date of the enactment of this section, that comport with industry open technical standard for digital content provenance; (C) assess the feasibility and advisability of applying an industry open technical standard for digital content provenance on historical visual information records of the Department stored at the Defense Visual Information Records Center; and (D) develop and apply measure of effectiveness for the execution of the pilot program. (3) Consultation \nIn carrying out the pilot program required by paragraph (1), the Director may consult with federally funded research and development centers, private industry, academia, and such others as the Director considers appropriate. (4) Termination \nThe pilot program carried out pursuant to paragraph (1) shall terminate on January 1, 2027. (5) Report \n(A) In general \nNot later than January 1, 2026, the Director shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the pilot program. (B) Contents \nThe report submitted pursuant to subparagraph (A) shall include the following: (i) The findings of the Director with respect to the pilot program. (ii) The names of all entities the Director consulted with in carrying out the pilot program as authorized under paragraph (3). (iii) Assessment of the effectiveness of the pilot. (iv) A recommendation as to whether the pilot program should be made permanent.", "id": "idf26bbba08dc84260b805dce3d338fc5b", "header": "Pilot program on implementing digital content provenance standards", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) The term applicable Department media content means the media holdings generated, stored, or controlled by the Defense Media Activity. (2) The term digital content forgery means the use of emerging technologies, including artificial intelligence and machine learning techniques to fabricate or manipulate audio, visual, or text content with the intent to mislead. (3) The term digital content provenance means the verifiable chronology of the origin and history of a piece of digital content, such as an image, video, audio recording, or electronic document.", "id": "id79e491bb58b14cb3b9a8f690a2b3baba", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "1723. Post-graduate employment of Cyber Service Academy scholarship recipients in intelligence community \nSection 1535 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 2200 note) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting , the heads of the elements of the intelligence community, after the Secretary of Homeland Security ; and (B) in paragraph (3), by striking Department of Defense Cyber and Digital Service Academy and inserting Cyber Service Academy ; and (2) in subsection (d), by inserting or an element of the intelligence community after missions of the Department ; (3) in subsection (e)— (A) by striking Secretary each place it appears and inserting head concerned ; and (B) by inserting , or within an element of the intelligence community, as the case may be after United States Code ; (4) in subsections (h), (j), and (k), by striking Secretary each place it appears and inserting head concerned ; and (5) by adding at the end of the following new subsections: (p) Interagency considerations \n(1) In general \nThe Secretary of Defense shall enter into an agreement with the head of an element of the intelligence community to allow a scholarship recipient to satisfy the recipient's post-award employment obligations under this section by working for an element of the intelligence community that is not part of the Department of Defense if the head of that element agrees to reimburse the Department of Defense for the scholarship program costs associated with that scholarship recipient. (2) Limitations \n(A) A scholarship recipient may not serve the recipient's post-award employment obligation under this section at an element of the intelligence community that is not part of the Department of Defense before an agreement under paragraph (1) is reached. (B) Not more than 10 percent of scholarship recipients in each class may be placed in positions outside the Department of Defense unless the Secretary certifies that the Department of Defense cannot facilitate a placement within the Department of Defense. (q) Definitions \nIn this section: (1) The term head concerned means— (A) The Secretary of Defense, with respect to matters concerning the Department of Defense; or (B) the head of an element of the intelligence community, with respect to matters concerning that element. (2) The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )..", "id": "id0072bf1b6f1e4e68a0c8ad898a6688ec", "header": "Post-graduate employment of Cyber Service Academy scholarship recipients in intelligence community", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "10 U.S.C. 2200", "legal-doc": "usc", "parsable-cite": "usc/10/2200" }, { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "1724. Minimum number of scholarships to be awarded annually through Cyber Service Academy \nSection 1535(c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 2200 note) is amended by adding at the end the following new paragraph: (5) Minimum number of scholarship awards \n(A) In general \nThe Secretary of Defense shall award not fewer than 1,000 scholarships through the Program in fiscal year 2026 and in each fiscal year thereafter. (B) Waiver \nThe Secretary of Defense may award fewer than the number of scholarships required under subparagraph (A) in a fiscal year if the Secretary determines and notifies the congressional defense committees that fewer scholarships are necessary to address workforce needs..", "id": "id7C875ABF4A99479AB3A28F76E27ADDCC", "header": "Minimum number of scholarships to be awarded annually through Cyber Service Academy", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "10 U.S.C. 2200", "legal-doc": "usc", "parsable-cite": "usc/10/2200" } ] }, { "text": "1725. Control and management of Department of Defense data and establishment of Chief Digital and Artificial Intelligence Officer Governing Council \n(a) Control and management of Department of Defense data \nThe Chief Digital and Artificial Intelligence Officer of the Department of Defense shall maintain the authority, but not the requirement, to access and control, on behalf of the Secretary of Defense, of all data collected, acquired, accessed, or utilized by Department of Defense components consistent with section 1513 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 4001 note). (b) Chief Digital and Artificial Intelligence Officer Governing Council \nParagraph (3) of section 238(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. note prec. 4061) is amended to read as follows: (3) Chief Digital and Artificial Intelligence Officer Governing Council \n(A) Establishment \n(i) The Secretary shall establish a council to provide policy oversight to ensure the responsible, coordinated, and ethical employment of data and artificial intelligence capabilities across Department of Defense missions and operations. (ii) The council established pursuant to clause (i) shall be known as the Chief Digital and Artificial Intelligence Officer Governing Council (in this paragraph the Council ). (B) Membership \nThe Council shall be composed of the following: (i) Joint Staff J–6. (ii) The Under Secretary of Defense for Acquisition and Sustainment. (iii) The Under Secretary of Defense for Research and Evaluation. (iv) The Under Secretary of Defense for Intelligence and Security. (v) The Under Secretary of Defense for Policy. (vi) The Director of Cost Analysis and Program Evaluation. (vii) The Chief Information Officer of the Department. (viii) The Director of Administration and Management. (ix) The service acquisition executives of each of the military departments. (C) Head of Council \nThe Council shall be headed by the Chief Digital and Artificial Intelligence Officer of the Department. (D) Meetings \nThe Council shall meet not less frequently than twice each fiscal year. (E) Duties of Council \nThe duties of the Council are as follows: (i) To streamline the organizational structure of the Department as it relates to artificial intelligence development, implementation, and oversight. (ii) To improve coordination on artificial intelligence governance with the defense industry sector. (iii) To establish and oversee artificial intelligence guidance on ethical requirements and protections for usage of artificial intelligence supported by Department funding and reduces or mitigates instances of unintended bias in artificial intelligence algorithms. (iv) To identify, monitor, and periodically update appropriate recommendations for operational usage of artificial intelligence. (v) To review, as the head of the Council considers necessary, artificial intelligence program funding to ensure that any Department investment in an artificial intelligence tool, system, or algorithm adheres to all Department established policy related to artificial intelligence. (vi) To provide periodic status updates on the efforts of the Department to develop and implement artificial intelligence into existing Department programs and processes. (vii) To provide guidance on access and distribution restrictions relating to data, models, tool sets, or testing or validation infrastructure. (viii) to implement and oversee a data and artificial intelligence educational program for the purpose of familiarizing the Department at all levels on the applications of artificial intelligence in their operations. (ix) To implement and oversee a data decree scorecard. (x) Such other duties as the Council determines appropriate. (F) Periodic reports \nNot later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 and not less frequently than once every 18 months thereafter, the Council shall submit to the Secretary and the congressional defense committees a report on the activities of the Council during the period covered by the report..", "id": "id7e5e8caf13b34843bc5401d200e9632a", "header": "Control and management of Department of Defense data and establishment of Chief Digital and Artificial Intelligence Officer Governing Council", "nested": [ { "text": "(a) Control and management of Department of Defense data \nThe Chief Digital and Artificial Intelligence Officer of the Department of Defense shall maintain the authority, but not the requirement, to access and control, on behalf of the Secretary of Defense, of all data collected, acquired, accessed, or utilized by Department of Defense components consistent with section 1513 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 4001 note).", "id": "idcbb0c72e6c8143bc922f3623b57224f4", "header": "Control and management of Department of Defense data", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "10 U.S.C. 4001", "legal-doc": "usc", "parsable-cite": "usc/10/4001" } ] }, { "text": "(b) Chief Digital and Artificial Intelligence Officer Governing Council \nParagraph (3) of section 238(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. note prec. 4061) is amended to read as follows: (3) Chief Digital and Artificial Intelligence Officer Governing Council \n(A) Establishment \n(i) The Secretary shall establish a council to provide policy oversight to ensure the responsible, coordinated, and ethical employment of data and artificial intelligence capabilities across Department of Defense missions and operations. (ii) The council established pursuant to clause (i) shall be known as the Chief Digital and Artificial Intelligence Officer Governing Council (in this paragraph the Council ). (B) Membership \nThe Council shall be composed of the following: (i) Joint Staff J–6. (ii) The Under Secretary of Defense for Acquisition and Sustainment. (iii) The Under Secretary of Defense for Research and Evaluation. (iv) The Under Secretary of Defense for Intelligence and Security. (v) The Under Secretary of Defense for Policy. (vi) The Director of Cost Analysis and Program Evaluation. (vii) The Chief Information Officer of the Department. (viii) The Director of Administration and Management. (ix) The service acquisition executives of each of the military departments. (C) Head of Council \nThe Council shall be headed by the Chief Digital and Artificial Intelligence Officer of the Department. (D) Meetings \nThe Council shall meet not less frequently than twice each fiscal year. (E) Duties of Council \nThe duties of the Council are as follows: (i) To streamline the organizational structure of the Department as it relates to artificial intelligence development, implementation, and oversight. (ii) To improve coordination on artificial intelligence governance with the defense industry sector. (iii) To establish and oversee artificial intelligence guidance on ethical requirements and protections for usage of artificial intelligence supported by Department funding and reduces or mitigates instances of unintended bias in artificial intelligence algorithms. (iv) To identify, monitor, and periodically update appropriate recommendations for operational usage of artificial intelligence. (v) To review, as the head of the Council considers necessary, artificial intelligence program funding to ensure that any Department investment in an artificial intelligence tool, system, or algorithm adheres to all Department established policy related to artificial intelligence. (vi) To provide periodic status updates on the efforts of the Department to develop and implement artificial intelligence into existing Department programs and processes. (vii) To provide guidance on access and distribution restrictions relating to data, models, tool sets, or testing or validation infrastructure. (viii) to implement and oversee a data and artificial intelligence educational program for the purpose of familiarizing the Department at all levels on the applications of artificial intelligence in their operations. (ix) To implement and oversee a data decree scorecard. (x) Such other duties as the Council determines appropriate. (F) Periodic reports \nNot later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 and not less frequently than once every 18 months thereafter, the Council shall submit to the Secretary and the congressional defense committees a report on the activities of the Council during the period covered by the report..", "id": "id06fac75678454f17a409b6df1db7aa75", "header": "Chief Digital and Artificial Intelligence Officer Governing Council", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] } ], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "10 U.S.C. 4001", "legal-doc": "usc", "parsable-cite": "usc/10/4001" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "1726. Requirement to support for cyber education and workforce development at institutions of higher learning \n(a) Authority \nThe Secretary of Defense shall support the development of foundational expertise in critical cyber operational skills at institutions of higher learning, selected by the Secretary under subsection (b), for current and future members of the Armed Forces and civilian employees of the Department of Defense. (b) Selection \nThe Secretary shall select institutions of higher learning to receive support under subsection (a) from among institutions of higher learning that meet the following eligibility criteria: (1) The institution offers a program from beginning through advanced skill levels to provide future military and civilian leaders of the Armed Forces with operational cyber expertise. (2) The institution includes instruction and practical experiences that lead to recognized certifications and degrees in the cyber field. (3) The institution has and maintains an educational partnership with an active component of the Armed Forces or a Department component designed to facilitate the development of critical cyber skills for students who may pursue a military career. (4) The institution is located in close proximity to a military installation with a cyber mission defined by the Department or the Armed Forces. (c) Support \nUnder subsection (a), the Secretary shall provide, at a minimum, to each institution of higher learning selected by the Secretary under subsection (b) the following support for civilian and military leaders of the Department transitioning into cyber fields at the Department: (1) Expansion of cyber educational programs focused on enhancing such transition. (2) Hands-on cyber opportunities, including laboratories and security operations centers. (3) Direct financial assistance to civilian and military students at the Department to increase access to courses and hands-on opportunities under paragraphs (1) and (2). (d) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2024.", "id": "id3f135e9d3c47442faa0290fefa793e99", "header": "Requirement to support for cyber education and workforce development at institutions of higher learning", "nested": [ { "text": "(a) Authority \nThe Secretary of Defense shall support the development of foundational expertise in critical cyber operational skills at institutions of higher learning, selected by the Secretary under subsection (b), for current and future members of the Armed Forces and civilian employees of the Department of Defense.", "id": "id07606ad17e5643ea88f46ce768de2d4c", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Selection \nThe Secretary shall select institutions of higher learning to receive support under subsection (a) from among institutions of higher learning that meet the following eligibility criteria: (1) The institution offers a program from beginning through advanced skill levels to provide future military and civilian leaders of the Armed Forces with operational cyber expertise. (2) The institution includes instruction and practical experiences that lead to recognized certifications and degrees in the cyber field. (3) The institution has and maintains an educational partnership with an active component of the Armed Forces or a Department component designed to facilitate the development of critical cyber skills for students who may pursue a military career. (4) The institution is located in close proximity to a military installation with a cyber mission defined by the Department or the Armed Forces.", "id": "idf9c429edfd144f8c822a034e35211f6b", "header": "Selection", "nested": [], "links": [] }, { "text": "(c) Support \nUnder subsection (a), the Secretary shall provide, at a minimum, to each institution of higher learning selected by the Secretary under subsection (b) the following support for civilian and military leaders of the Department transitioning into cyber fields at the Department: (1) Expansion of cyber educational programs focused on enhancing such transition. (2) Hands-on cyber opportunities, including laboratories and security operations centers. (3) Direct financial assistance to civilian and military students at the Department to increase access to courses and hands-on opportunities under paragraphs (1) and (2).", "id": "id4c399525e8a04279893a6a1ae585ceb8", "header": "Support", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2024.", "id": "iddc3db2752e3c4ca2a313fd36296aaf77", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "1727. Improvements relating to cyber protection support for Department of Defense personnel in positions highly vulnerable to cyber attack \nSection 1645 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2224 note) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting and personal accounts after personal technology devices ; and (ii) by inserting and shall provide such support to any such personnel who request the support after in paragraph (2) ; and (B) in paragraph (2)(B), by inserting or personal accounts after personal technology devices ; (2) in subsection (c)— (A) in paragraph (1), by inserting or personal accounts after personal technology devices ; and (B) in paragraph (2), by striking and networks and inserting , personal networks, and personal accounts ; and (3) by striking subsections (d) and (e) and inserting the following new subsection (d): (d) Definitions \nIn this section: (1) The term personal accounts means accounts for online and telecommunications services, including telephone, residential internet access, email, text and multimedia messaging, cloud computing, social media, health care, and financial services, used by Department of Defense personnel outside of the scope of their employment with the Department. (2) The term personal technology devices means technology devices used by Department of Defense personnel outside of the scope of their employment with the Department and includes networks to which such devices connect..", "id": "id94e028dfcde34b40ad4a900c26d680e0", "header": "Improvements relating to cyber protection support for Department of Defense personnel in positions highly vulnerable to cyber attack", "nested": [], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "10 U.S.C. 2224", "legal-doc": "usc", "parsable-cite": "usc/10/2224" } ] }, { "text": "1728. Comptroller General report on efforts to protect personal information of Department of Defense personnel from exploitation by foreign adversaries \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall brief the appropriate congressional committees on Department of Defense efforts to protect personal information of its personnel from exploitation by foreign adversaries. (b) Elements \nThe briefing required under subsection (a) shall include any observations on the following elements: (1) An assessment of efforts by the Department of Defense to protect the personal information, including location data generated by smart phones, of members of the Armed Forces, civilian employees of the Department of Defense, veterans, and their families from exploitation by foreign adversaries. (2) Recommendations to improve Department of Defense policies and programs to meaningfully address this threat. (c) Report \nThe Comptroller General shall publish on its website an unclassified report, which may contain a classified annex submitted to the congressional defense and intelligence committees, on the elements described in subsection (b) at a time mutually agreed upon. (d) Appropriate congressional committees \nIn this section, the term appropriate congressional committees means— (1) the congressional defense committees; (2) the Select Committee on Intelligence of the Senate; and (3) the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "idc7cbfaf550954c0f9b658adfbd267a7f", "header": "Comptroller General report on efforts to protect personal information of Department of Defense personnel from exploitation by foreign adversaries", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall brief the appropriate congressional committees on Department of Defense efforts to protect personal information of its personnel from exploitation by foreign adversaries.", "id": "id06678bdffef94325b6a03664eb38975a", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe briefing required under subsection (a) shall include any observations on the following elements: (1) An assessment of efforts by the Department of Defense to protect the personal information, including location data generated by smart phones, of members of the Armed Forces, civilian employees of the Department of Defense, veterans, and their families from exploitation by foreign adversaries. (2) Recommendations to improve Department of Defense policies and programs to meaningfully address this threat.", "id": "id4fcd459495c045ccb0ab6598d5e8437c", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Report \nThe Comptroller General shall publish on its website an unclassified report, which may contain a classified annex submitted to the congressional defense and intelligence committees, on the elements described in subsection (b) at a time mutually agreed upon.", "id": "id6342032a7fad4f67ae02ee6d864df521", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Appropriate congressional committees \nIn this section, the term appropriate congressional committees means— (1) the congressional defense committees; (2) the Select Committee on Intelligence of the Senate; and (3) the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "id96f9bfcb595a4bfcb0b608120e25ffa8", "header": "Appropriate congressional committees", "nested": [], "links": [] } ], "links": [] }, { "text": "1801. Short title \nThis title may be cited as the Space Force Personnel Management Act.", "id": "id98bc6675054247ca8001c45f11cf5457", "header": "Short title", "nested": [], "links": [] }, { "text": "1802. Space Force Personnel Management Act transition plan \n(a) Conditions required for enactment \n(1) In general \nNone of the authorities provide by this title shall take effect until the later of— (A) the Secretary of the Air Force— (i) certifies to the congressional defense committees that any State National Guard affected by the transfer of units, personnel billets, equipment, and resources into the Space Force will be made whole by the transfer of additional assets under the control of the Secretary of the Air Force into the affected State National Guard; and (ii) submits to the congressional defense committees a report that includes a transition plan to move all units, personnel billets, equipment, and resources performing core Space Force functions, under the operational control of the Space Force, or otherwise integral to the Space Force mission that may exist in the reserve components of the Department of the Air Force into the Space Force; and (B) one year after the Secretary of Defense provides the briefing on the study required under section 1703(c). (2) Elements \nThe transition plan required under paragraph (1)(B) shall include the following elements: (A) An identification of any units, personnel billets, equipment, and resources currently residing in the Air Force Reserve and Air National Guard that will be transferred into the Space Force, including, for items currently in the Air National Guard, a breakdown of assets by State. (B) A timeline for the implementation of the authorities provided by this title. (C) An explanation of any units personnel billets, equipment, and resources transferred between the Regular Air Force, Air Force Reserve, Air National Guard, and Space Force, including, for any assets transferred into or out of the Air National Guard, a breakdown of transfers by State. (b) Personnel protections \n(1) In general \nIn enacting the authorities provided by this title, the Secretary of the Air Force shall not require any currently serving member of the Air National Guard to enlist or commission into the Space Force. (2) Job placement \nThe Secretary of the Air Force shall provide employment opportunities within the Air National Guard to any currently serving member of the Air National Guard who, as a direct result of the enactment of this title, declines to affiliate with the Space Force. (3) Space Force affiliation \nThe Secretary of the Air Force shall guarantee in writing that any member of the Air National Guard who joins the Space Force as a result of the enactment of this title will not lose rank or pay upon transferring to the Space Force. (c) National Guard protections \nThe Secretary of the Air Force shall ensure that no State National Guard loses Federal resources, including net personnel billets and Federal funding, as a result of the enactment of the authorities provided by this title.", "id": "ide1bbbd3ad9a54e54933ff3e9b56e93a4", "header": "Space Force Personnel Management Act transition plan", "nested": [ { "text": "(a) Conditions required for enactment \n(1) In general \nNone of the authorities provide by this title shall take effect until the later of— (A) the Secretary of the Air Force— (i) certifies to the congressional defense committees that any State National Guard affected by the transfer of units, personnel billets, equipment, and resources into the Space Force will be made whole by the transfer of additional assets under the control of the Secretary of the Air Force into the affected State National Guard; and (ii) submits to the congressional defense committees a report that includes a transition plan to move all units, personnel billets, equipment, and resources performing core Space Force functions, under the operational control of the Space Force, or otherwise integral to the Space Force mission that may exist in the reserve components of the Department of the Air Force into the Space Force; and (B) one year after the Secretary of Defense provides the briefing on the study required under section 1703(c). (2) Elements \nThe transition plan required under paragraph (1)(B) shall include the following elements: (A) An identification of any units, personnel billets, equipment, and resources currently residing in the Air Force Reserve and Air National Guard that will be transferred into the Space Force, including, for items currently in the Air National Guard, a breakdown of assets by State. (B) A timeline for the implementation of the authorities provided by this title. (C) An explanation of any units personnel billets, equipment, and resources transferred between the Regular Air Force, Air Force Reserve, Air National Guard, and Space Force, including, for any assets transferred into or out of the Air National Guard, a breakdown of transfers by State.", "id": "id2c24d396bd4c4164bbfea6ca0b368770", "header": "Conditions required for enactment", "nested": [], "links": [] }, { "text": "(b) Personnel protections \n(1) In general \nIn enacting the authorities provided by this title, the Secretary of the Air Force shall not require any currently serving member of the Air National Guard to enlist or commission into the Space Force. (2) Job placement \nThe Secretary of the Air Force shall provide employment opportunities within the Air National Guard to any currently serving member of the Air National Guard who, as a direct result of the enactment of this title, declines to affiliate with the Space Force. (3) Space Force affiliation \nThe Secretary of the Air Force shall guarantee in writing that any member of the Air National Guard who joins the Space Force as a result of the enactment of this title will not lose rank or pay upon transferring to the Space Force.", "id": "idb8cd681d52084096ac7d5a99217343ef", "header": "Personnel protections", "nested": [], "links": [] }, { "text": "(c) National Guard protections \nThe Secretary of the Air Force shall ensure that no State National Guard loses Federal resources, including net personnel billets and Federal funding, as a result of the enactment of the authorities provided by this title.", "id": "idc1bc0b1565304b3dafcd6e461e599e84", "header": "National Guard protections", "nested": [], "links": [] } ], "links": [] }, { "text": "1803. Comprehensive assessment of Space Force equities in the National Guard \n(a) Study required \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a Federally funded research and development center under which such center will conduct an independent study to assess the feasibility and advisability of moving all units, personnel billets, equipment, and resources performing core space functions, under the operational control of the Space Force, or otherwise integral to the Space Force mission that may exist in the National Guard and into a single-component Space Force and provide to the Secretary a report on the findings of the study. The conduct of such study shall include the following elements: (1) An analysis and recommendations associated with at least the three following possible courses of action: (A) Maintaining the current model in which the Air National Guard has units and personnel performing core space functions. (B) Transitioning such units and personnel to the Space Force. (C) The creation of a new National Guard component of the Space Force. (2) A cost-benefit analysis for each of the analyzed courses of action. (3) With respect to the course of action described in paragraph (1)(B), an analysis of the ideal personnel, units, and resources that could be transitioned to the respective Air National Guards of States that may lose space-related personnel, units, and resources as a result of the consolidation of space-related personnel, units, and resources into the Space Force component. (b) Deadline for completion \nAn agreement entered into pursuant to subsection (a) shall specify that the study conducted under the agreement shall be completed by not later than February 1, 2025. (c) Briefing and report \n(1) In general \nUpon completion of a study conducted under an agreement entered into pursuant to subsection (a), the Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing and report on the findings of the study, including a description of any proposed personnel, unit, or resource realignments related to the creation of the Space Force single component or recommended by such study. (2) Classification of report \nThe report required under paragraph (1) shall be submitted in unclassified form but may include classified appendices as required.", "id": "id2fe29cd023404ea5a18951c2df917583", "header": "Comprehensive assessment of Space Force equities in the National Guard", "nested": [ { "text": "(a) Study required \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a Federally funded research and development center under which such center will conduct an independent study to assess the feasibility and advisability of moving all units, personnel billets, equipment, and resources performing core space functions, under the operational control of the Space Force, or otherwise integral to the Space Force mission that may exist in the National Guard and into a single-component Space Force and provide to the Secretary a report on the findings of the study. The conduct of such study shall include the following elements: (1) An analysis and recommendations associated with at least the three following possible courses of action: (A) Maintaining the current model in which the Air National Guard has units and personnel performing core space functions. (B) Transitioning such units and personnel to the Space Force. (C) The creation of a new National Guard component of the Space Force. (2) A cost-benefit analysis for each of the analyzed courses of action. (3) With respect to the course of action described in paragraph (1)(B), an analysis of the ideal personnel, units, and resources that could be transitioned to the respective Air National Guards of States that may lose space-related personnel, units, and resources as a result of the consolidation of space-related personnel, units, and resources into the Space Force component.", "id": "idf0a59796be324d228adca69feb4dca80", "header": "Study required", "nested": [], "links": [] }, { "text": "(b) Deadline for completion \nAn agreement entered into pursuant to subsection (a) shall specify that the study conducted under the agreement shall be completed by not later than February 1, 2025.", "id": "idfdd2e95c225848aa96a90a500a5896d6", "header": "Deadline for completion", "nested": [], "links": [] }, { "text": "(c) Briefing and report \n(1) In general \nUpon completion of a study conducted under an agreement entered into pursuant to subsection (a), the Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing and report on the findings of the study, including a description of any proposed personnel, unit, or resource realignments related to the creation of the Space Force single component or recommended by such study. (2) Classification of report \nThe report required under paragraph (1) shall be submitted in unclassified form but may include classified appendices as required.", "id": "idda708d715ed14401bf5bc066a36c595c", "header": "Briefing and report", "nested": [], "links": [] } ], "links": [] }, { "text": "1811. Establishment of military personnel management system for the Space Force \nTitle 10, United States Code, is amended by adding at the end the following new subtitle: F Alternative military personnel systems \nI Space Force \nChap. 2001. Space Force Personnel System 20001 2003. Status and Participation 20101 2005. Officers 20201 2007. Enlisted Members 20301 2009. Retention and Separation Generally 20401 2011. Separation of Officers for Substandard Performance of Duty or for Certain Other Reasons 20501 2013. Retirement 20601 2001 Space Force personnel system \nSec. 20001. Single military personnel management system. 20002. Members: duty status. 20003. Members: minimum service requirement as applied to Space Force. 20001. Single military personnel management system \nMembers of the Space Force shall be managed through a single military personnel management system, without component..", "id": "ide26ccff3b2ba4deebbb3c4080cd90ba3", "header": "Establishment of military personnel management system for the Space Force", "nested": [], "links": [] }, { "text": "20001. Single military personnel management system \nMembers of the Space Force shall be managed through a single military personnel management system, without component.", "id": "idee5bb3dd8d5341f98c5f427edeeedd25", "header": "Single military personnel management system", "nested": [], "links": [] }, { "text": "1812. Composition of the Space Force without component \n(a) Composition of the Space Force \nSection 9081(b) of title 10, United States Code, is amended— (1) by striking paragraph (1); (2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (3) in paragraph (1), as so redesignated, by striking , including and all that follows through emergency. (b) Effective date \nThe amendments made by subsection (a) shall take effect on the date of the certification by the Secretary of the Air Force under section 1745.", "id": "idea9debe18c2e41e3b6543adae71ef8bd", "header": "Composition of the Space Force without component", "nested": [ { "text": "(a) Composition of the Space Force \nSection 9081(b) of title 10, United States Code, is amended— (1) by striking paragraph (1); (2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (3) in paragraph (1), as so redesignated, by striking , including and all that follows through emergency.", "id": "idcacb62c534ad4acea84b6bcc11716e20", "header": "Composition of the Space Force", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall take effect on the date of the certification by the Secretary of the Air Force under section 1745.", "id": "ida3579ac102fd4869b690aa3bdb148dba", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "1813. Definitions for single personnel management system for the Space Force \n(a) Space Force definitions \nSection 101 of title 10, United States Code, is amended— (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Space Force \nThe following definitions relating to members of the Space Force apply in this title: (1) The term Space Force active status means the status of a member of the Space Force who is not in a Space Force inactive status and is not retired. (2) The term Space Force inactive status means the status of a member of the Space Force who is designated by the Secretary of the Air Force, under regulations prescribed by the Secretary, as being in a Space Force inactive status. (3) The term Space Force retired status means the status of a member of the Space Force who— (A) is receiving retired pay; or (B) but for being under the eligibility age applicable under section 12731 of this title, would be eligible for retired pay under chapter 1223 of this title. (4) The term sustained duty means full-time duty by a member of the Space Force ordered to such duty by an authority designated by the Secretary of the Air Force— (A) in the case of an officer— (i) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law; or (ii) with the consent of the officer; and (B) in the case of an enlisted member, with the consent of the enlisted member as specified in the terms of the member’s enlistment or reenlistment agreement.. (b) Amendments to existing duty status definitions \nSubsection (d) of such section is amended— (1) in paragraph (1), by inserting , including sustained duty in the Space Force after United States ; and (2) in paragraph (7), by inserting , or a member of the Space Force, after Reserves both places it appears.", "id": "id39bf35ce2756465a8ecc8d0de9d15c6e", "header": "Definitions for single personnel management system for the Space Force", "nested": [ { "text": "(a) Space Force definitions \nSection 101 of title 10, United States Code, is amended— (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Space Force \nThe following definitions relating to members of the Space Force apply in this title: (1) The term Space Force active status means the status of a member of the Space Force who is not in a Space Force inactive status and is not retired. (2) The term Space Force inactive status means the status of a member of the Space Force who is designated by the Secretary of the Air Force, under regulations prescribed by the Secretary, as being in a Space Force inactive status. (3) The term Space Force retired status means the status of a member of the Space Force who— (A) is receiving retired pay; or (B) but for being under the eligibility age applicable under section 12731 of this title, would be eligible for retired pay under chapter 1223 of this title. (4) The term sustained duty means full-time duty by a member of the Space Force ordered to such duty by an authority designated by the Secretary of the Air Force— (A) in the case of an officer— (i) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law; or (ii) with the consent of the officer; and (B) in the case of an enlisted member, with the consent of the enlisted member as specified in the terms of the member’s enlistment or reenlistment agreement..", "id": "id8596f01896f746dc9cd235dd8cefbf52", "header": "Space Force definitions", "nested": [], "links": [] }, { "text": "(b) Amendments to existing duty status definitions \nSubsection (d) of such section is amended— (1) in paragraph (1), by inserting , including sustained duty in the Space Force after United States ; and (2) in paragraph (7), by inserting , or a member of the Space Force, after Reserves both places it appears.", "id": "idee06ba67e55b4689bc694efacb729c3c", "header": "Amendments to existing duty status definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "1814. Basic policies relating to service in the Space Force \nChapter 2001 of title 10, United States Code, as added by section 1711, is amended by adding at the end the following new sections: 20002. Members: duty status \nUnder regulations prescribed by the Secretary of the Air Force, each member of the Space Force shall be placed in one of the following duty statuses: (1) Space Force active status. (2) Space Force inactive status. (3) Space Force retired status. 20003. Members: minimum service requirement as applied to Space Force \n(a) Inapplicability of active/reserve service distinction \nIn applying section 651 of this title to a person who becomes a member of the Space Force, the provisions of the second sentence of subsection (a) and of subsection (b) of that section (relating to service in a reserve component) are inapplicable. (b) Treatment upon transfer out of space force \nA member of the Space Force who transfers to one of the other armed forces before completing the service required by subsection (a) of section 651 of this title shall upon such transfer be subject to section 651 of this title in the same manner as if such member had initially entered the armed force to which the member transfers..", "id": "idd7ad53279ea54cb59a01d0480c834cde", "header": "Basic policies relating to service in the Space Force", "nested": [], "links": [ { "text": "Chapter 2001", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/2001" } ] }, { "text": "20002. Members: duty status \nUnder regulations prescribed by the Secretary of the Air Force, each member of the Space Force shall be placed in one of the following duty statuses: (1) Space Force active status. (2) Space Force inactive status. (3) Space Force retired status.", "id": "id6f023f8f361c4e5c87d42714bf3d5ac4", "header": "Members: duty status", "nested": [], "links": [] }, { "text": "20003. Members: minimum service requirement as applied to Space Force \n(a) Inapplicability of active/reserve service distinction \nIn applying section 651 of this title to a person who becomes a member of the Space Force, the provisions of the second sentence of subsection (a) and of subsection (b) of that section (relating to service in a reserve component) are inapplicable. (b) Treatment upon transfer out of space force \nA member of the Space Force who transfers to one of the other armed forces before completing the service required by subsection (a) of section 651 of this title shall upon such transfer be subject to section 651 of this title in the same manner as if such member had initially entered the armed force to which the member transfers.", "id": "id736b64bd8c544aad98eb36ba66f81ba5", "header": "Members: minimum service requirement as applied to Space Force", "nested": [ { "text": "(a) Inapplicability of active/reserve service distinction \nIn applying section 651 of this title to a person who becomes a member of the Space Force, the provisions of the second sentence of subsection (a) and of subsection (b) of that section (relating to service in a reserve component) are inapplicable.", "id": "id0e0b380640d94bf9a85c2d429bb603f0", "header": "Inapplicability of active/reserve service distinction", "nested": [], "links": [] }, { "text": "(b) Treatment upon transfer out of space force \nA member of the Space Force who transfers to one of the other armed forces before completing the service required by subsection (a) of section 651 of this title shall upon such transfer be subject to section 651 of this title in the same manner as if such member had initially entered the armed force to which the member transfers.", "id": "idb26468b9f70444e3b7d68e915b83be9c", "header": "Treatment upon transfer out of space force", "nested": [], "links": [] } ], "links": [] }, { "text": "1815. Status and participation \nSubtitle F of title 10, United States Code, as added by section 1711, is amended by adding at the end the following new chapter: 2003 Status and participation \nSec. 20101. Members in Space Force active status: amount of annual training or active duty service required. 20102. Individual ready guardians: designation; mobilization category. 20103. Members not on sustained duty: agreements concerning conditions of service. 20104. Orders to active duty: with consent of member. 20105. Sustained duty. 20106. Orders to active duty: without consent of member. 20107. Transfer to inactive status: initial service obligation not complete. 20108. Members of Space Force: credit for service for purposes of laws providing pay and benefits for members, dependents, and survivors. 20109. Policy for order to active duty based upon determination by Congress. 20101. Members in Space Force active status: amount of annual training or active duty service required \nExcept as specifically provided in regulations prescribed by the Secretary of Defense, a member of the Space Force in a Space Force active status who is not serving on sustained duty shall be required to— (1) participate in at least 48 scheduled drills or training periods during each year and serve on active duty for not less than 14 days (exclusive of travel time) during each year; or (2) serve on active duty for not more than 30 days during each year. 20102. Individual ready guardians: designation; mobilization category \n(a) In general \nUnder regulations prescribed by the Secretary of Defense, the Secretary of the Air Force may designate a member of the Space Force in a Space Force active status as an Individual Ready Guardian. (b) Mobilization category \n(1) In general \nAmong members of the Space Force designated as Individual Ready Guardians, there is a category of members (referred to as a mobilization category ) who, as designated by the Secretary of the Air Force, are subject to being ordered to active duty without their consent in accordance with section 20106(a) of this title. (2) Limitations on placement in mobilization category \nA member designated as an Individual Ready Guardian may not be placed in the mobilization category referred to in paragraph (1) unless— (A) the member volunteers to be placed in that mobilization category; and (B) the member is selected by the Secretary of the Air Force, based upon the needs of the Space Force and the grade and military skills of that member. (3) Limitation on time in mobilization category \nA member of the Space Force in a Space Force active status may not remain designated an Individual Ready Guardian in such mobilization category after the end of the 24-month period beginning on the date of the separation of the member from active service. (4) Designation of grades and military skills or specialties \nThe Secretary of the Air Force shall designate the grades and military skills or specialties of members to be eligible for placement in such mobilization category. (5) Benefits \nA member in such mobilization category shall be eligible for benefits (other than pay and training) on the same basis as are available to members of the Individual Ready Reserve who are in the special mobilization category under section 10144(b) of this title, as determined by the Secretary of Defense. 20103. Members not on sustained duty: agreements concerning conditions of service \n(a) Agreements \nThe Secretary of the Air Force may enter into a written agreement with a member of the Space Force not on sustained duty— (1) requiring the member to serve on active duty for a definite period of time; (2) specifying the conditions of the member’s service on active duty; and (3) for a member serving in a Space Force inactive status, specifying the conditions for the member’s continued service as well as order to active duty with and without the consent of the member. (b) Conditions of service \nAn agreement under subsection (a) shall specify the conditions of service. The Secretary of the Air Force shall prescribe regulations establishing— (1) what conditions of service may be specified in the agreement; (2) the obligations of the parties; and (3) the consequences of failure to comply with the terms of the agreement. (c) Authority for retention on active duty during war or national emergency \nIf the period of service on active duty of a member under an agreement under subsection (a) expires during a war or during a national emergency declared by Congress or the President, the member concerned may be kept on active duty, without the consent of the member, as otherwise prescribed by law. 20104. Orders to active duty: with consent of member \n(a) Authority \nA member of the Space Force who is serving in a Space Force active status and is not on sustained duty, or who is serving in a Space Force inactive status, may, with the consent of the member, be ordered to active duty, or retained on active duty, under the following sections of chapter 1209 of this title in the same manner as applies to a member of a reserve component ordered to active duty, or retained on active duty, under that section with the consent of the member: (1) Section 12301(d), relating to orders to active duty at any time with the consent of the member. (2) Section 12301(h), relating to orders to active duty in connection with medical or health care matters. (3) Section 12322, relating to active duty for health care. (4) Section 12323, relating to active duty pending line of duty determination required for response to sexual assault. (b) Applicable provisions of law \nThe following sections of chapter 1209 of this title pertaining to a member of a reserve component ordered to active duty with the consent of the member apply to a member of the Space Force who is ordered to active duty under this section in the same manner as to such a reserve component member: (1) Section 12308, relating to retention after becoming qualified for retired pay. (2) Section 12309, relating to use of Reserve officers in expansion of armed forces. (3) Section 12313, relating to release of reserve members from active duty. (4) Section 12314, relating to kinds of duty. (5) Section 12315, relating to duty with or without pay. (6) Section 12316, relating to payment of certain Reserves while on duty. (7) Section 12318, relating to duties and funding of reserve members on active duty. (8) Section 12320, relating to grade in which ordered to active duty. (9) Section 12321, relating to a limitation on number of reserve members assigned to Reserve Officer Training Corps units. 20105. Sustained duty \n(a) Enlisted members \nAn authority designated by the Secretary of the Air Force may order an enlisted member of the Space Force in a Space Force active status to sustained duty, or retain an enlisted member on sustained duty, with the consent of that member, as specified in the terms of the member’s enlistment or reenlistment agreement. (b) Officers \n(1) An authority designated by the Secretary of the Air Force may order a Space Force officer in a Space Force active status to sustained duty— (A) with the consent of the officer; or (B) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law. (2) An officer ordered to sustained duty under paragraph (1) may not be released from sustained duty without the officer’s consent except as provided in chapter 2009 or 2011 of this title. 20106. Orders to active duty: without consent of member \n(a) Members in a Space Force active status \n(1) A member of the Space Force in a Space Force active status who is not on sustained duty, may, without the consent of the member, be ordered to active duty or inactive duty in the same manner as a member of a reserve component ordered to active duty or inactive duty under the provisions of chapter 1209 of this title and any other provision of law authorizing the order to active duty of a member of a reserve component in an active status without the consent of the member. (2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to a member of the Ready Reserve when ordered to active duty shall apply to a member of the Space Force who is in a Space Force active status when ordered to active duty under paragraph (1). (3) The provisions of section 12304 of this title pertaining to members in the Individual Ready Reserve mobilization category shall apply to a member of the Space Force who is designated an Individual Ready Guardian when ordered to active duty who meets the provisions of section 20102(b) of this title. (b) Members in a Space Force inactive status \n(1) A member of the Space Force in a Space Force inactive status may be ordered to active duty under— (A) the provisions of chapter 1209 of this title; (B) any other provision of law authorizing the order to active duty of a member of a reserve component in an inactive status; and (C) the terms of any agreement entered into by the member under section 20103 of this title. (2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to the Standby Reserve shall apply to a member of the Space Force who is in a Space Force inactive service when ordered to active duty. (c) Members in a Space Force retired status \n(1) Chapters 39 and 1209 of this title include provisions authorizing the order to active duty of a member of the Space Force in a Space Force retired status. (2) The provisions of sections 688, 688a, and 12407 of this title pertaining to a retired member or a member of the Retired Reserve shall apply to a member of the Space Force in a Space Force retired status when ordered to active duty. (3) The provisions of section 689 of this title pertaining to a retired member ordered to active duty shall apply to a member of the Space Force in a Space Force retired status who is ordered to active duty. (d) Other applicable provisions \nThe following provisions of chapter 1209 of this title pertaining shall apply to a member of the Space Force ordered to active duty in the same manner as to a Reserve or member of the Retired Reserve ordered to active duty: (1) Section 12305, relating to the authority of the President to suspend certain laws relating to promotion, retirement, and separation. (2) Section 12308, relating to retention after becoming qualified for retired pay. (3) Section 12313, relating to release from active duty. (4) Section 12314, relating to kinds of duty. (5) Section 12315, relating to duty with or without pay. (6) Section 12316, relating to payment of certain Reserves while on duty. (7) Section 12317, relating to theological students; limitations. (8) Section 12320, relating to grade in which ordered to active duty. 20107. Transfer to inactive status: initial service obligation not complete \n(a) General rule \nA member of the Space Force who has not completed the required minimum service obligation referred to in section 20003 of this title shall, if terminating Space Force active status, be transferred to a Space Force inactive status and, unless otherwise designated an Individual Ready Guardian under section 20102 of this title, shall remain subject to order to active duty without the member’s consent under section 20106 of this title. (b) Exception \nSubsection (a) does not apply to a member who is separated from the Space Force by the Secretary of the Air Force under section 20503 of this title. 20108. Members of Space Force: credit for service for purposes of laws providing pay and benefits for members, dependents, and survivors \nFor the purposes of laws providing pay and benefits for members of the Armed Forces and their dependents and beneficiaries: (1) Military training, duty, or other service performed by a member of the Space Force in a Space Force active status not on sustained duty shall be considered military training, duty, or other service, as the case may be, as a member of a reserve component. (2) Sustained duty performed by a member of the Space Force under section 20105 of this title shall be considered active duty as a member of a regular component. (3) Active duty performed by a member of the Space Force in a Space Force active status not on sustained duty shall be considered active duty as a member of a reserve component. (4) Inactive-duty training performed by a member of the Space Force shall be considered inactive-duty training as a member of a reserve component. 20109. Policy for order to active duty based upon determination by Congress \nWhenever Congress determines that more units and organizations capable of conducting space operations are needed for the national security than are available among those units comprised of members of the Space Force serving on active duty, members of the Space Force not serving on active duty shall be ordered to active duty and retained as long as so needed..", "id": "id2b9a4d5907db4ba4a3b1d19d512116ca", "header": "Status and participation", "nested": [], "links": [] }, { "text": "20101. Members in Space Force active status: amount of annual training or active duty service required \nExcept as specifically provided in regulations prescribed by the Secretary of Defense, a member of the Space Force in a Space Force active status who is not serving on sustained duty shall be required to— (1) participate in at least 48 scheduled drills or training periods during each year and serve on active duty for not less than 14 days (exclusive of travel time) during each year; or (2) serve on active duty for not more than 30 days during each year.", "id": "ida647708168f74b4192a6159865b79add", "header": "Members in Space Force active status: amount of annual training or active duty service required", "nested": [], "links": [] }, { "text": "20102. Individual ready guardians: designation; mobilization category \n(a) In general \nUnder regulations prescribed by the Secretary of Defense, the Secretary of the Air Force may designate a member of the Space Force in a Space Force active status as an Individual Ready Guardian. (b) Mobilization category \n(1) In general \nAmong members of the Space Force designated as Individual Ready Guardians, there is a category of members (referred to as a mobilization category ) who, as designated by the Secretary of the Air Force, are subject to being ordered to active duty without their consent in accordance with section 20106(a) of this title. (2) Limitations on placement in mobilization category \nA member designated as an Individual Ready Guardian may not be placed in the mobilization category referred to in paragraph (1) unless— (A) the member volunteers to be placed in that mobilization category; and (B) the member is selected by the Secretary of the Air Force, based upon the needs of the Space Force and the grade and military skills of that member. (3) Limitation on time in mobilization category \nA member of the Space Force in a Space Force active status may not remain designated an Individual Ready Guardian in such mobilization category after the end of the 24-month period beginning on the date of the separation of the member from active service. (4) Designation of grades and military skills or specialties \nThe Secretary of the Air Force shall designate the grades and military skills or specialties of members to be eligible for placement in such mobilization category. (5) Benefits \nA member in such mobilization category shall be eligible for benefits (other than pay and training) on the same basis as are available to members of the Individual Ready Reserve who are in the special mobilization category under section 10144(b) of this title, as determined by the Secretary of Defense.", "id": "id995b355427fd4c4d8b4b0c6475a84b6b", "header": "Individual ready guardians: designation; mobilization category", "nested": [ { "text": "(a) In general \nUnder regulations prescribed by the Secretary of Defense, the Secretary of the Air Force may designate a member of the Space Force in a Space Force active status as an Individual Ready Guardian.", "id": "ided70a027c84f45bea6ea0b6892cb77a9", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Mobilization category \n(1) In general \nAmong members of the Space Force designated as Individual Ready Guardians, there is a category of members (referred to as a mobilization category ) who, as designated by the Secretary of the Air Force, are subject to being ordered to active duty without their consent in accordance with section 20106(a) of this title. (2) Limitations on placement in mobilization category \nA member designated as an Individual Ready Guardian may not be placed in the mobilization category referred to in paragraph (1) unless— (A) the member volunteers to be placed in that mobilization category; and (B) the member is selected by the Secretary of the Air Force, based upon the needs of the Space Force and the grade and military skills of that member. (3) Limitation on time in mobilization category \nA member of the Space Force in a Space Force active status may not remain designated an Individual Ready Guardian in such mobilization category after the end of the 24-month period beginning on the date of the separation of the member from active service. (4) Designation of grades and military skills or specialties \nThe Secretary of the Air Force shall designate the grades and military skills or specialties of members to be eligible for placement in such mobilization category. (5) Benefits \nA member in such mobilization category shall be eligible for benefits (other than pay and training) on the same basis as are available to members of the Individual Ready Reserve who are in the special mobilization category under section 10144(b) of this title, as determined by the Secretary of Defense.", "id": "id4834c6d1264e46858128c8f8fe48b5c0", "header": "Mobilization category", "nested": [], "links": [] } ], "links": [] }, { "text": "20103. Members not on sustained duty: agreements concerning conditions of service \n(a) Agreements \nThe Secretary of the Air Force may enter into a written agreement with a member of the Space Force not on sustained duty— (1) requiring the member to serve on active duty for a definite period of time; (2) specifying the conditions of the member’s service on active duty; and (3) for a member serving in a Space Force inactive status, specifying the conditions for the member’s continued service as well as order to active duty with and without the consent of the member. (b) Conditions of service \nAn agreement under subsection (a) shall specify the conditions of service. The Secretary of the Air Force shall prescribe regulations establishing— (1) what conditions of service may be specified in the agreement; (2) the obligations of the parties; and (3) the consequences of failure to comply with the terms of the agreement. (c) Authority for retention on active duty during war or national emergency \nIf the period of service on active duty of a member under an agreement under subsection (a) expires during a war or during a national emergency declared by Congress or the President, the member concerned may be kept on active duty, without the consent of the member, as otherwise prescribed by law.", "id": "ided5091671b594df28c2139b20291871f", "header": "Members not on sustained duty: agreements concerning conditions of service", "nested": [ { "text": "(a) Agreements \nThe Secretary of the Air Force may enter into a written agreement with a member of the Space Force not on sustained duty— (1) requiring the member to serve on active duty for a definite period of time; (2) specifying the conditions of the member’s service on active duty; and (3) for a member serving in a Space Force inactive status, specifying the conditions for the member’s continued service as well as order to active duty with and without the consent of the member.", "id": "idb0d5bd7081e34081a6258c9d14cb7d7d", "header": "Agreements", "nested": [], "links": [] }, { "text": "(b) Conditions of service \nAn agreement under subsection (a) shall specify the conditions of service. The Secretary of the Air Force shall prescribe regulations establishing— (1) what conditions of service may be specified in the agreement; (2) the obligations of the parties; and (3) the consequences of failure to comply with the terms of the agreement.", "id": "id1c095153e235464bb5f134b8ba51fe9e", "header": "Conditions of service", "nested": [], "links": [] }, { "text": "(c) Authority for retention on active duty during war or national emergency \nIf the period of service on active duty of a member under an agreement under subsection (a) expires during a war or during a national emergency declared by Congress or the President, the member concerned may be kept on active duty, without the consent of the member, as otherwise prescribed by law.", "id": "id6240fbcd79ec40a499c7dd23f42ac250", "header": "Authority for retention on active duty during war or national emergency", "nested": [], "links": [] } ], "links": [] }, { "text": "20104. Orders to active duty: with consent of member \n(a) Authority \nA member of the Space Force who is serving in a Space Force active status and is not on sustained duty, or who is serving in a Space Force inactive status, may, with the consent of the member, be ordered to active duty, or retained on active duty, under the following sections of chapter 1209 of this title in the same manner as applies to a member of a reserve component ordered to active duty, or retained on active duty, under that section with the consent of the member: (1) Section 12301(d), relating to orders to active duty at any time with the consent of the member. (2) Section 12301(h), relating to orders to active duty in connection with medical or health care matters. (3) Section 12322, relating to active duty for health care. (4) Section 12323, relating to active duty pending line of duty determination required for response to sexual assault. (b) Applicable provisions of law \nThe following sections of chapter 1209 of this title pertaining to a member of a reserve component ordered to active duty with the consent of the member apply to a member of the Space Force who is ordered to active duty under this section in the same manner as to such a reserve component member: (1) Section 12308, relating to retention after becoming qualified for retired pay. (2) Section 12309, relating to use of Reserve officers in expansion of armed forces. (3) Section 12313, relating to release of reserve members from active duty. (4) Section 12314, relating to kinds of duty. (5) Section 12315, relating to duty with or without pay. (6) Section 12316, relating to payment of certain Reserves while on duty. (7) Section 12318, relating to duties and funding of reserve members on active duty. (8) Section 12320, relating to grade in which ordered to active duty. (9) Section 12321, relating to a limitation on number of reserve members assigned to Reserve Officer Training Corps units.", "id": "idbb715b5e0caa48b99a6b63abfa0dde0e", "header": "Orders to active duty: with consent of member", "nested": [ { "text": "(a) Authority \nA member of the Space Force who is serving in a Space Force active status and is not on sustained duty, or who is serving in a Space Force inactive status, may, with the consent of the member, be ordered to active duty, or retained on active duty, under the following sections of chapter 1209 of this title in the same manner as applies to a member of a reserve component ordered to active duty, or retained on active duty, under that section with the consent of the member: (1) Section 12301(d), relating to orders to active duty at any time with the consent of the member. (2) Section 12301(h), relating to orders to active duty in connection with medical or health care matters. (3) Section 12322, relating to active duty for health care. (4) Section 12323, relating to active duty pending line of duty determination required for response to sexual assault.", "id": "id79644505b50b4392a8b49b6967fcd6e6", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Applicable provisions of law \nThe following sections of chapter 1209 of this title pertaining to a member of a reserve component ordered to active duty with the consent of the member apply to a member of the Space Force who is ordered to active duty under this section in the same manner as to such a reserve component member: (1) Section 12308, relating to retention after becoming qualified for retired pay. (2) Section 12309, relating to use of Reserve officers in expansion of armed forces. (3) Section 12313, relating to release of reserve members from active duty. (4) Section 12314, relating to kinds of duty. (5) Section 12315, relating to duty with or without pay. (6) Section 12316, relating to payment of certain Reserves while on duty. (7) Section 12318, relating to duties and funding of reserve members on active duty. (8) Section 12320, relating to grade in which ordered to active duty. (9) Section 12321, relating to a limitation on number of reserve members assigned to Reserve Officer Training Corps units.", "id": "id57c13813864948e2a33a91c5ba1ed907", "header": "Applicable provisions of law", "nested": [], "links": [] } ], "links": [] }, { "text": "20105. Sustained duty \n(a) Enlisted members \nAn authority designated by the Secretary of the Air Force may order an enlisted member of the Space Force in a Space Force active status to sustained duty, or retain an enlisted member on sustained duty, with the consent of that member, as specified in the terms of the member’s enlistment or reenlistment agreement. (b) Officers \n(1) An authority designated by the Secretary of the Air Force may order a Space Force officer in a Space Force active status to sustained duty— (A) with the consent of the officer; or (B) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law. (2) An officer ordered to sustained duty under paragraph (1) may not be released from sustained duty without the officer’s consent except as provided in chapter 2009 or 2011 of this title.", "id": "id00ff829f039c40c38765624cab69acf4", "header": "Sustained duty", "nested": [ { "text": "(a) Enlisted members \nAn authority designated by the Secretary of the Air Force may order an enlisted member of the Space Force in a Space Force active status to sustained duty, or retain an enlisted member on sustained duty, with the consent of that member, as specified in the terms of the member’s enlistment or reenlistment agreement.", "id": "id7adb1774a04843fc83af9925d9b2cfb1", "header": "Enlisted members", "nested": [], "links": [] }, { "text": "(b) Officers \n(1) An authority designated by the Secretary of the Air Force may order a Space Force officer in a Space Force active status to sustained duty— (A) with the consent of the officer; or (B) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law. (2) An officer ordered to sustained duty under paragraph (1) may not be released from sustained duty without the officer’s consent except as provided in chapter 2009 or 2011 of this title.", "id": "id3037375523b4456d9ac0b0b09137cf67", "header": "Officers", "nested": [], "links": [] } ], "links": [] }, { "text": "20106. Orders to active duty: without consent of member \n(a) Members in a Space Force active status \n(1) A member of the Space Force in a Space Force active status who is not on sustained duty, may, without the consent of the member, be ordered to active duty or inactive duty in the same manner as a member of a reserve component ordered to active duty or inactive duty under the provisions of chapter 1209 of this title and any other provision of law authorizing the order to active duty of a member of a reserve component in an active status without the consent of the member. (2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to a member of the Ready Reserve when ordered to active duty shall apply to a member of the Space Force who is in a Space Force active status when ordered to active duty under paragraph (1). (3) The provisions of section 12304 of this title pertaining to members in the Individual Ready Reserve mobilization category shall apply to a member of the Space Force who is designated an Individual Ready Guardian when ordered to active duty who meets the provisions of section 20102(b) of this title. (b) Members in a Space Force inactive status \n(1) A member of the Space Force in a Space Force inactive status may be ordered to active duty under— (A) the provisions of chapter 1209 of this title; (B) any other provision of law authorizing the order to active duty of a member of a reserve component in an inactive status; and (C) the terms of any agreement entered into by the member under section 20103 of this title. (2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to the Standby Reserve shall apply to a member of the Space Force who is in a Space Force inactive service when ordered to active duty. (c) Members in a Space Force retired status \n(1) Chapters 39 and 1209 of this title include provisions authorizing the order to active duty of a member of the Space Force in a Space Force retired status. (2) The provisions of sections 688, 688a, and 12407 of this title pertaining to a retired member or a member of the Retired Reserve shall apply to a member of the Space Force in a Space Force retired status when ordered to active duty. (3) The provisions of section 689 of this title pertaining to a retired member ordered to active duty shall apply to a member of the Space Force in a Space Force retired status who is ordered to active duty. (d) Other applicable provisions \nThe following provisions of chapter 1209 of this title pertaining shall apply to a member of the Space Force ordered to active duty in the same manner as to a Reserve or member of the Retired Reserve ordered to active duty: (1) Section 12305, relating to the authority of the President to suspend certain laws relating to promotion, retirement, and separation. (2) Section 12308, relating to retention after becoming qualified for retired pay. (3) Section 12313, relating to release from active duty. (4) Section 12314, relating to kinds of duty. (5) Section 12315, relating to duty with or without pay. (6) Section 12316, relating to payment of certain Reserves while on duty. (7) Section 12317, relating to theological students; limitations. (8) Section 12320, relating to grade in which ordered to active duty.", "id": "id549104206c8c49c5b421c51479130146", "header": "Orders to active duty: without consent of member", "nested": [ { "text": "(a) Members in a Space Force active status \n(1) A member of the Space Force in a Space Force active status who is not on sustained duty, may, without the consent of the member, be ordered to active duty or inactive duty in the same manner as a member of a reserve component ordered to active duty or inactive duty under the provisions of chapter 1209 of this title and any other provision of law authorizing the order to active duty of a member of a reserve component in an active status without the consent of the member. (2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to a member of the Ready Reserve when ordered to active duty shall apply to a member of the Space Force who is in a Space Force active status when ordered to active duty under paragraph (1). (3) The provisions of section 12304 of this title pertaining to members in the Individual Ready Reserve mobilization category shall apply to a member of the Space Force who is designated an Individual Ready Guardian when ordered to active duty who meets the provisions of section 20102(b) of this title.", "id": "ida759c1f5ac204f929f4c0af6b52aacba", "header": "Members in a Space Force active status", "nested": [], "links": [] }, { "text": "(b) Members in a Space Force inactive status \n(1) A member of the Space Force in a Space Force inactive status may be ordered to active duty under— (A) the provisions of chapter 1209 of this title; (B) any other provision of law authorizing the order to active duty of a member of a reserve component in an inactive status; and (C) the terms of any agreement entered into by the member under section 20103 of this title. (2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to the Standby Reserve shall apply to a member of the Space Force who is in a Space Force inactive service when ordered to active duty.", "id": "id03e3eec94c7e481f806ecae9e67f57e3", "header": "Members in a Space Force inactive status", "nested": [], "links": [] }, { "text": "(c) Members in a Space Force retired status \n(1) Chapters 39 and 1209 of this title include provisions authorizing the order to active duty of a member of the Space Force in a Space Force retired status. (2) The provisions of sections 688, 688a, and 12407 of this title pertaining to a retired member or a member of the Retired Reserve shall apply to a member of the Space Force in a Space Force retired status when ordered to active duty. (3) The provisions of section 689 of this title pertaining to a retired member ordered to active duty shall apply to a member of the Space Force in a Space Force retired status who is ordered to active duty.", "id": "id3e8438f7ba934d678df842c7acadd3f0", "header": "Members in a Space Force retired status", "nested": [], "links": [] }, { "text": "(d) Other applicable provisions \nThe following provisions of chapter 1209 of this title pertaining shall apply to a member of the Space Force ordered to active duty in the same manner as to a Reserve or member of the Retired Reserve ordered to active duty: (1) Section 12305, relating to the authority of the President to suspend certain laws relating to promotion, retirement, and separation. (2) Section 12308, relating to retention after becoming qualified for retired pay. (3) Section 12313, relating to release from active duty. (4) Section 12314, relating to kinds of duty. (5) Section 12315, relating to duty with or without pay. (6) Section 12316, relating to payment of certain Reserves while on duty. (7) Section 12317, relating to theological students; limitations. (8) Section 12320, relating to grade in which ordered to active duty.", "id": "id800ab67657d747e989a291c092b3f880", "header": "Other applicable provisions", "nested": [], "links": [] } ], "links": [] }, { "text": "20107. Transfer to inactive status: initial service obligation not complete \n(a) General rule \nA member of the Space Force who has not completed the required minimum service obligation referred to in section 20003 of this title shall, if terminating Space Force active status, be transferred to a Space Force inactive status and, unless otherwise designated an Individual Ready Guardian under section 20102 of this title, shall remain subject to order to active duty without the member’s consent under section 20106 of this title. (b) Exception \nSubsection (a) does not apply to a member who is separated from the Space Force by the Secretary of the Air Force under section 20503 of this title.", "id": "idfc447e82b6824d19bbb7354b7fc9b122", "header": "Transfer to inactive status: initial service obligation not complete", "nested": [ { "text": "(a) General rule \nA member of the Space Force who has not completed the required minimum service obligation referred to in section 20003 of this title shall, if terminating Space Force active status, be transferred to a Space Force inactive status and, unless otherwise designated an Individual Ready Guardian under section 20102 of this title, shall remain subject to order to active duty without the member’s consent under section 20106 of this title.", "id": "id1ffc56552d2f45a194b00c8e9051523c", "header": "General rule", "nested": [], "links": [] }, { "text": "(b) Exception \nSubsection (a) does not apply to a member who is separated from the Space Force by the Secretary of the Air Force under section 20503 of this title.", "id": "id59dc199f503f462a86ed440c2dc0345d", "header": "Exception", "nested": [], "links": [] } ], "links": [] }, { "text": "20108. Members of Space Force: credit for service for purposes of laws providing pay and benefits for members, dependents, and survivors \nFor the purposes of laws providing pay and benefits for members of the Armed Forces and their dependents and beneficiaries: (1) Military training, duty, or other service performed by a member of the Space Force in a Space Force active status not on sustained duty shall be considered military training, duty, or other service, as the case may be, as a member of a reserve component. (2) Sustained duty performed by a member of the Space Force under section 20105 of this title shall be considered active duty as a member of a regular component. (3) Active duty performed by a member of the Space Force in a Space Force active status not on sustained duty shall be considered active duty as a member of a reserve component. (4) Inactive-duty training performed by a member of the Space Force shall be considered inactive-duty training as a member of a reserve component.", "id": "id6886f3d2de3e42409e17276a70329ff0", "header": "Members of Space Force: credit for service for purposes of laws providing pay and benefits for members, dependents, and survivors", "nested": [], "links": [] }, { "text": "20109. Policy for order to active duty based upon determination by Congress \nWhenever Congress determines that more units and organizations capable of conducting space operations are needed for the national security than are available among those units comprised of members of the Space Force serving on active duty, members of the Space Force not serving on active duty shall be ordered to active duty and retained as long as so needed.", "id": "id1d9e1075bdd342019e7d26b3f264679e", "header": "Policy for order to active duty based upon determination by Congress", "nested": [], "links": [] }, { "text": "1816. Officers \n(a) Original appointments \nSubtitle F of title 10, United States Code, as amended by section 1715, is further amended by adding at the end the following new chapter: 2005 Officers \nSubchapter Sec. I. Original appointments 20201 II. Selection boards 20211 III. Promotions 20231 IV. Persons not considered for promotion and other promotion-related provisions 20241 V. Applicability of other laws 20251 I Original appointments \nSec. 20201. Original appointments: how made. 20202. Original appointments: qualifications. 20203. Original appointments: service credit. 20201. Original appointments: how made \nThe provisions of section 531 of this title shall apply to original appointments of commissioned officers in the Space Force. 20202. Original appointments: qualifications \n(a) In general \nAn original appointment as a commissioned officer in the Space Force may be given only to a person who— (1) is a citizen of the United States; (2) is at least 18 years of age; and (3) has such other physical, mental, moral, professional, and age qualifications as the Secretary of the Air Force may prescribe by regulation. (b) Exception \nA person who is otherwise qualified, but who has a physical condition that the Secretary of the Air Force determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as an officer in the Space Force. 20203. Original appointments: service credit \nThe provisions of section 533 of this title shall apply to the crediting of prior active commissioned service for original appointments of commissioned officers.. (b) Conforming amendments relating to original appointments \n(1) Definitions \nSection 101 of title 10, United States Code, is amended in subsection (b)(10) by inserting before the period at the end the following: and, with respect to the appointment of a member of the armed forces in the Space Force, refers to that member’s most recent appointment in the Space Force that is neither a promotion nor a demotion. (2) Original appointments of commissioned officers \nSection 531 of such title is amended by striking Regular before Space Force each place it appears. (3) Qualifications for original appointment as a commissioned officer \nSection 532(a) of such title is amended by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps. (4) Service credit upon original appointment as a commissioned officer \nSection 533 of such title is amended by striking Regular before Space Force each place it appears. (c) Selection boards and promotions \nChapter 205 of title 10, United States Code, as added by subsection (a), is amended by adding at the end the following new subchapters: II Selection boards \nSec. 20211. Convening of selection boards. 20212. Composition of selection boards. 20213. Notice of convening of selection boards. 20214. Information furnished to selection boards. 20215. Recommendations for promotion by selection boards. 20216. Reports of selection boards. 20217. Action on reports of selection boards for promotion to brigadier general or major general. 20211. Convening of selection boards \n(a) In general \nWhenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general. (b) Exception for officers in grade of first lieutenant \nSubsection (a) does not require the convening of a selection board in the case of Space Force officers in the permanent grade of first lieutenant when the Secretary of the Air Force recommends for promotion to the grade of captain under section 20238(a)(4)(A) of this title all such officers whom the Secretary finds to be fully qualified for promotion. (c) Section 20404 selection boards \nThe Secretary of the Air Force may convene selection boards to recommend officers for early retirement under section 20404(a) of this title or for discharge under section 20404(b) of this title. (d) Regulations \nThe convening of selection boards under subsection (a) shall be under regulations prescribed by the Secretary of the Defense. 20212. Composition of selection boards \n— (a) Appointment and composition of boards \n(1) In general \nMembers of a selection board shall be appointed by the Secretary of Air Force in accordance with this section. A selection board shall consist of five or more officers of the Space Force. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in a grade below major. The members of a selection board shall include at least one member serving on sustained duty and at least one member in a Space Force active status who is not serving on sustained duty. The ratio of the members of a selection board serving on sustained duty to members serving in a Space Force active status not on sustained duty shall, to the extent practicable, reflect the ratio of officers serving in each of those statuses who are being considered for promotion by the board. The members of a selection board shall represent the diverse population of the Space Force to the extent practicable. (2) Representation from competitive categories \n(A) Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board. (B) A selection board need not include an officer from a competitive category when there are no officers of that competitive category on the Space Force officer list in a grade higher than the grade of the officers to be considered by the board and eligible to serve on the board. (3) Retired officers \nIf qualified officers on the Space Force officer list are not available in sufficient number to comprise a selection board, the Secretary of the Air Force shall complete the membership of the board by appointing as members of the board— (A) Space Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers; and (B) if sufficient Space Force officers are not available pursuant to subparagraph (A), Air Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, but only if the Air Force officer to be appointed to the board has served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force. (4) Exclusion of retired general officers on active duty to serve on a board from numeric general officer active-duty limitations \nA retired general officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty. (b) Limitation on membership on consecutive boards \n(1) General rule \nExcept as provided in paragraph (2), no officer may be a member of two successive selection boards convened under section 20211 of this title for the consideration of officers of the same grade. (2) Exception for general officer boards \nParagraph (1) does not apply with respect to selection boards convened under section 20211 of this title for the consideration of officers in the grade of colonel or brigadier general. (c) Joint qualified officers \n(1) Each selection board convened under section 20211 of this title that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer. (2) Paragraph (1) applies with respect to an officer who— (A) is serving on, or has served on, the Joint Staff; or (B) is a joint qualified officer. (3) The Secretary of Defense may waive the requirement in paragraph (1) for any selection board of the Space Force. 20213. Notice of convening of selection boards \n(a) Notice to eligible officers \nAt least 30 days before a selection board is convened under section 20211 of this title to recommend officers in a grade for promotion to the next higher grade, the Secretary of the Air Force shall— (1) notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification; or (2) issue a general written notice to the Space Force regarding the convening of the board which shall include the convening date of the board and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification. (b) Communication from officers \nAn officer eligible for consideration by a selection board convened under section 20211 of this title (other than an officer who has been excluded under section 20231(d) of this title from consideration by the board) may send a written communication to the board, to arrive not later than 10 calendar days before the date on which the board convenes, calling attention to any matter concerning the officer that the officer considers important to the officer’s case. The selection board shall give consideration to any timely communication under this subsection. (c) Notice of intent of certain officers To serve on or off active duty \nAn officer on the Space Force officer list in the grade of colonel or brigadier general who receives a notice under subsection (a) shall inform the Secretary of the officer’s preference to serve either on or off active duty if promoted to the grade of brigadier general or major general, respectively. 20214. Information furnished to selection boards \nThe provisions of section 615 of this title shall apply to information furnished to selection boards. 20215. Recommendations for promotion by selection boards \nThe provisions of section 616 of this title shall apply to recommendations for promotion by selection boards. 20216. Reports of selection boards \nThe provisions of section 617 of this title shall apply to reports of selection boards. 20217. Action on reports of selection boards for promotion to brigadier general or major general \nThe provisions of section 618 of this title shall apply to action on reports of selection boards. III Promotions \nSec. 20231. Eligibility for consideration for promotion: time-in-grade and other requirements. 20232. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions. 20233. Opportunities for consideration for promotion. 20234. Space Force officer list. 20235. Competitive categories. 20236. Numbers to be recommended for promotion. 20237. Establishment of promotion zones. 20238. Promotions: how made; authorized delay of promotions. 20231. Eligibility for consideration for promotion: time-in-grade and other requirements \n(a) Time-in-grade requirements \n(1) An officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in the grade of second lieutenant or first lieutenant may not be promoted to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: (A) Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant. (B) Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant. (2) Subject to paragraph (5), an officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in a grade above first lieutenant may not be considered for selection for promotion to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: (A) Three years, in the case of an officer holding a permanent appointment in the grade of captain, major, or lieutenant colonel. (B) One year, in the case of an officer holding a permanent appointment in the grade of colonel or brigadier general. (3) When the needs of the service require, the Secretary of the Air Force may prescribe a longer period of service in grade for eligibility for promotion, in the case of officers to whom paragraph (1) applies, or for eligibility for consideration for promotion, in the case of officers to whom paragraph (2) applies. (4) When the needs of the service require, the Secretary of the Air Force may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies. (5) The Secretary of the Air Force may waive paragraph (2) to the extent necessary to assure that officers described in subparagraph (A) of such paragraph have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone. (6) In computing service in grade for purposes of this section, service in a grade held as a result of assignment to a position is counted as service in the grade in which the officer would have served except for such assignment or appointment. (b) Continued eligibility for consideration for promotion of officers who have previously failed of selection \n(1) Except as provided in paragraph (2), an officer who has failed of selection for promotion to the next higher grade remains eligible for consideration for promotion to that grade as long as the officer continues on active duty in other than a retired status and is not promoted. (2) Paragraph (1) does not apply to an officer on active status who is ineligible for consideration for promotion under section 631(c) of this title for the second time. (c) Officers To Be considered by promotion boards \n(1) Each time a selection board is convened under section 20211 of this title for consideration of officers in a competitive category for promotion to the next higher grade, each officer in the promotion zone (except as provided under paragraph (2)), and each officer above the promotion zone, for the grade and competitive category under consideration shall be considered for promotion. (2) The Secretary of the Air Force— (A) may, in accordance with standards and procedures prescribed by the Secretary of Defense in regulations which shall apply uniformly among the military departments, limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exceptionally well qualified for promotion; (B) may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer on the Space Force officer list transfers on or off of sustained duty during which the officer shall be ineligible for consideration for promotion; and (C) may, by regulation, preclude from consideration by a selection board by which the officer would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date on which the board is to be convened. (3) (A) The Secretary of Defense may authorize the Secretary of the Air Force to preclude from consideration by selection boards for promotion to the grade of brigadier general, officers in the grade of colonel who— (i) have been considered and not selected for promotion to the grade of brigadier general or by at least two selection boards; and (ii) are determined, in accordance with standards and procedures prescribed pursuant to subparagraph (B), as not being exceptionally well qualified for promotion. (B) If the Secretary of Defense authorizes the Secretary of the Air Force to have the authority described in subparagraph (A), the Secretary shall prescribe by regulation the standards and procedures for the exercise of such authority. Those regulations shall apply uniformly among the military departments and shall include the following provisions: (i) A requirement that the Secretary of the Air Force may exercise such authority in the case of a particular selection board only if the Secretary of Defense approves the exercise of that authority for that board. (ii) A requirement that an officer may be precluded from consideration by a selection board under this paragraph only upon the recommendation of a preselection board of officers convened by the Secretary of the military department concerned and composed of at least three officers all of whom are serving in a grade higher than the grade of such officer. (iii) A requirement that such a preselection board may not recommend that an officer be precluded from such consideration unless the Secretary of the Air Force has given the officer advance written notice of the convening of such board and of the military records that will be considered by the board and has given the officer a reasonable period before the convening of the board in which to submit comments to the board. (iv) A requirement that the Secretary of the Air Force shall provide general guidance to the board in accordance with standards and procedures prescribed by the Secretary of Defense in those regulations. (v) A requirement that the preselection board may recommend that an officer be precluded from consideration by a selection board only on the basis of the general guidance provided by the Secretary Air Force, information in the officer's official military personnel records that has been described in the notice provided the officer as required pursuant to clause (iii), and any communication to the board received from that officer before the board convenes. (d) Certain officers not To Be considered \nA selection board convened under section 20211 of this title may not consider for promotion to the next higher grade any of the following officers: (1) An officer whose name is on a promotion list for that grade as a result of the officer’s selection for promotion to that grade by an earlier selection board convened under that section. (2) An officer who is recommended for promotion to that grade in the report of an earlier selection board convened under that section, in the case of such a report that has not yet been approved by the President. (3) An officer in the grade of first lieutenant who is on an approved all-fully-qualified-officers list under section 20238(a)(4) of this title. (4) An officer in the grade of captain who is not a citizen of the United States. (5) An officer excluded under subsection (e). (e) Authority To allow officers To opt out of selection board consideration \n(1) The Secretary of the Air Force may provide that an officer on the Space Force officer list may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 20211 of this title to consider officers for promotion to the next higher grade. (2) The Secretary of the Air Force may only approve a request under paragraph (1) if— (A) (i) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, a career progression requirement delayed by the assignment or education; (ii) the Secretary determines the exclusion from consideration is in the best interest of the Space Force; and (iii) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration; or (B) (i) the officer is serving in a critical skill position that cannot be filled by another Space Force officer serving in the same grade; (ii) the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in their current position and grade; and (iii) the officer has not previously opted out of a promotion board under this authority. 20232. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions \nThe provisions of section 619a of this title shall apply to officers of the Space Force. 20233. Opportunities for consideration for promotion \n(a) Specification of number of opportunities for consideration for promotion \nUnder regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall specify the number of opportunities for consideration for promotion to be afforded to Space Force officers for promotion to each grade above the grade of captain. (b) Limitation on number of opportunities that may be specified \nThe number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade may not exceed five. (c) Limited authority of secretary of the air force To modify number of opportunities \nThe Secretary of the Air Force may change the number of opportunities for consideration for promotion to a particular grade not more frequently than once every five years. (d) Authority of secretary of defense To modify number of opportunities \nThe Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade. 20234. Space Force officer list \n(a) Single list \nThe Secretary of the Air Force shall maintain a single list of all Space Force officers serving in a Space Force active status. The list shall be known as the Space Force officer list. (b) Order of officers on list \nOfficers shall be carried on the Space Force officer list in the order of seniority of the grade in which they are serving. Officers serving in the same grade shall be carried in the order of their rank in that grade. (c) Effect of service in a temporary appointment \nAn officer whose position on the Space Force officer list results from service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on the Space Force officer list that the officer would have held if the officer had not received that appointment or assignment. 20235. Competitive categories \n(a) Requirement To establish competitive categories for promotion \nUnder regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall establish at least one competitive category for promotion for officers on the Space Force officer list. Each officer whose name appears on the Space Force officer list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion. (b) Single competitive category for promotion to general officer grades \nThe Secretary of the Air Force shall establish a single competitive category for all officers on the Space Force officer list who will be considered by a selection board convened under section 20211 of this title for promotion to the grade of brigadier general or major general. 20236. Numbers to be recommended for promotion \n(a) Promotion to grades below brigadier general \n(1) Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to a grade below brigadier general and in any competitive category, the Secretary of the Air Force shall determine— (A) the number of positions needed to accomplish mission objectives which require officers of that competitive category in the grade to which the board will recommend officers for promotion; (B) the estimated number of officers needed to fill vacancies in those positions during the period in which it is anticipated that officers selected for promotion will be promoted; and (C) the number of officers in a Space Force active status authorized by the Secretary of the Air Force to serve both on sustained duty and not on sustained duty in the grade and competitive category under consideration. (2) Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers in that competitive category which the selection board may recommend for promotion. (b) Promotion to brigadier general and major general \n(1) Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to the grade of brigadier general or major general, the Secretary of the Air Force shall determine— (A) the number of positions needed to accomplish mission objectives which require officers serving in a Space Force active status on sustained duty, and in a Space Force active status not on sustained duty, in the grade to which the board will recommend officers for promotion; and (B) the estimated number of officers on sustained duty and not on sustained duty needed to fill vacancies in those positions over the 24-month period beginning on the date on which the selection board convenes. (2) Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers serving in a Space Force active status on sustained duty, and the maximum number of officers serving in a Space Force active status not on sustained duty, which the selection board may recommend for promotion. 20237. Establishment of promotion zones \n(a) In general \nBefore convening a selection board under section 20211 of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the Air Force shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. (b) Determination of number \nThe Secretary of the Air Force shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of— (1) the number of officers needed in that competitive category in the next higher grade in each of the next five years; (2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; (3) in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and (4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion. 20238. Promotions: how made; authorized delay of promotions \n(a) Procedure for promotion of officers on an approved promotion list \n(1) Placement of names on promotion list \nWhen the report of a selection board convened under section 20211 of this title is approved by the President, the Secretary of the Air Force shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the list or based on particular merit, as determined by the promotion board. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence. (2) Order and timing of promotions \nExcept as provided in subsection (d), officers on a promotion list for a competitive category shall be promoted to the next higher grade when additional officers in that grade and competitive category are needed. Promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. Officers to be promoted to the grade of first lieutenant shall be promoted in accordance with regulations prescribed by the Secretary of the Air Force. (3) Limitation on promotions to general officer grades to comply with strength limitations \nUnder regulations prescribed by the Secretary of Defense, the promotion of an officer on the Space Force officer list to a general officer grade shall be delayed if that promotion would cause any strength limitation of section 526 of this title to be exceeded. The delay shall expire when the Secretary of the Air Force determines that the delay is no longer required to ensure compliance with the strength limitation. (4) Promotion of first lieutenants on an all-fully-qualified officers list \n(A) Except as provided in subsection (d), officers on the Space Force officer list in the grade of first lieutenant who are on an approved all-fully-qualified-officers list shall be promoted to the grade of captain in accordance with regulations prescribed by the Secretary of the Air Force. (B) An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter. (C) The Secretary of the Air Force may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives. (D) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the Space Force officers list in a grade who the Secretary of the Air Force determines— (i) are fully qualified for promotion to the next higher grade; and (ii) would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 20211 of this title upon the convening of such a board. (E) If the Secretary of the Air Force determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph. (b) Date of rank \nThe date of rank of an officer appointed to a higher grade under this section is determined under section 741(d) of this title. (c) Appointment authority \nAppointments under this section shall be made by the President, by and with the advice and consent of the Senate, except that appointments under this section in the grade of first lieutenant or captain shall be made by the President alone. (d) Authority To delay appointments for specified reasons \nThe provisions of subsection (d) of section 624 of this title shall apply to the appointment of an officer under this section in the same manner as they apply to an appointment of an officer under that section, and any reference in that subsection to an active-duty list shall be treated for purposes of applicability to an officer of the Space Force as referring to the Space Force officer list. IV Persons not considered for promotion and other promotion-related provisions \nSec. 20241. Persons not considered for promotion and other promotion-related provisions. 20241. Persons not considered for promotion and other promotion-related provisions \nSubchapter III of chapter 36 of this title shall apply to officers of the Space Force. V Applicability of other laws \nSec. 20251. Applicability of certain DOPMA officer personnel policy provisions. 20251. Applicability of certain DOPMA officer personnel policy provisions \nExcept as otherwise modified or provided for in this chapter, the following provisions of chapter 36 of this title (relating to promotion, separation, and involuntary retirement of officers on the active-duty list) shall apply to Space Force officers and officer promotions: (1) Subchapter I (relating to selection boards). (2) Subchapter II (relating to promotions). (3) Subchapter III (relating to failure of selection for promotion and retirement for years of service). (4) Subchapter IV (relating to continuation on active duty and selective early retirement). (5) Subchapter V (additional provisions relating to promotion, separation, and retirement). (6) Subchapter VI (relating to alternative promotion authority for officers in designated competitive categories).. (d) Temporary ( brevet ) promotions for officers with critical skills \nSection 605 of title 10, United States Code, is amended as follows: (1) Coverage of Space Force officers \nSubsections (a), (b)(2)(A), (f)(1), and (f)(2) are amended by striking or Marine Corps, each place it appears and inserting Marine Corps, or Space Force,. (2) Disaggregation of air force maximum numbers \nSubsection (g) is amended— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by striking paragraph (2) and inserting the following new paragraphs (2) and (3): (2) In the case of the Air Force— (A) as captain, 95; (B) as major, 305; (C) as lieutenant colonel, 165; and (D) as colonel, 75. (3) In the case of the Space Force— (A) as captain, 5; (B) as major, 20; (C) as lieutenant colonel, 10; and (D) as colonel, 5..", "id": "idcf1e85b18f064d3da456a653533b36ef", "header": "Officers", "nested": [ { "text": "(a) Original appointments \nSubtitle F of title 10, United States Code, as amended by section 1715, is further amended by adding at the end the following new chapter: 2005 Officers \nSubchapter Sec. I. Original appointments 20201 II. Selection boards 20211 III. Promotions 20231 IV. Persons not considered for promotion and other promotion-related provisions 20241 V. Applicability of other laws 20251 I Original appointments \nSec. 20201. Original appointments: how made. 20202. Original appointments: qualifications. 20203. Original appointments: service credit. 20201. Original appointments: how made \nThe provisions of section 531 of this title shall apply to original appointments of commissioned officers in the Space Force. 20202. Original appointments: qualifications \n(a) In general \nAn original appointment as a commissioned officer in the Space Force may be given only to a person who— (1) is a citizen of the United States; (2) is at least 18 years of age; and (3) has such other physical, mental, moral, professional, and age qualifications as the Secretary of the Air Force may prescribe by regulation. (b) Exception \nA person who is otherwise qualified, but who has a physical condition that the Secretary of the Air Force determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as an officer in the Space Force. 20203. Original appointments: service credit \nThe provisions of section 533 of this title shall apply to the crediting of prior active commissioned service for original appointments of commissioned officers..", "id": "id2b77764799434281a382b9abf61ad6d3", "header": "Original appointments", "nested": [], "links": [] }, { "text": "(b) Conforming amendments relating to original appointments \n(1) Definitions \nSection 101 of title 10, United States Code, is amended in subsection (b)(10) by inserting before the period at the end the following: and, with respect to the appointment of a member of the armed forces in the Space Force, refers to that member’s most recent appointment in the Space Force that is neither a promotion nor a demotion. (2) Original appointments of commissioned officers \nSection 531 of such title is amended by striking Regular before Space Force each place it appears. (3) Qualifications for original appointment as a commissioned officer \nSection 532(a) of such title is amended by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps. (4) Service credit upon original appointment as a commissioned officer \nSection 533 of such title is amended by striking Regular before Space Force each place it appears.", "id": "id54ce8504fbc344b19c0ec52bcfe76a9e", "header": "Conforming amendments relating to original appointments", "nested": [], "links": [] }, { "text": "(c) Selection boards and promotions \nChapter 205 of title 10, United States Code, as added by subsection (a), is amended by adding at the end the following new subchapters: II Selection boards \nSec. 20211. Convening of selection boards. 20212. Composition of selection boards. 20213. Notice of convening of selection boards. 20214. Information furnished to selection boards. 20215. Recommendations for promotion by selection boards. 20216. Reports of selection boards. 20217. Action on reports of selection boards for promotion to brigadier general or major general. 20211. Convening of selection boards \n(a) In general \nWhenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general. (b) Exception for officers in grade of first lieutenant \nSubsection (a) does not require the convening of a selection board in the case of Space Force officers in the permanent grade of first lieutenant when the Secretary of the Air Force recommends for promotion to the grade of captain under section 20238(a)(4)(A) of this title all such officers whom the Secretary finds to be fully qualified for promotion. (c) Section 20404 selection boards \nThe Secretary of the Air Force may convene selection boards to recommend officers for early retirement under section 20404(a) of this title or for discharge under section 20404(b) of this title. (d) Regulations \nThe convening of selection boards under subsection (a) shall be under regulations prescribed by the Secretary of the Defense. 20212. Composition of selection boards \n— (a) Appointment and composition of boards \n(1) In general \nMembers of a selection board shall be appointed by the Secretary of Air Force in accordance with this section. A selection board shall consist of five or more officers of the Space Force. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in a grade below major. The members of a selection board shall include at least one member serving on sustained duty and at least one member in a Space Force active status who is not serving on sustained duty. The ratio of the members of a selection board serving on sustained duty to members serving in a Space Force active status not on sustained duty shall, to the extent practicable, reflect the ratio of officers serving in each of those statuses who are being considered for promotion by the board. The members of a selection board shall represent the diverse population of the Space Force to the extent practicable. (2) Representation from competitive categories \n(A) Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board. (B) A selection board need not include an officer from a competitive category when there are no officers of that competitive category on the Space Force officer list in a grade higher than the grade of the officers to be considered by the board and eligible to serve on the board. (3) Retired officers \nIf qualified officers on the Space Force officer list are not available in sufficient number to comprise a selection board, the Secretary of the Air Force shall complete the membership of the board by appointing as members of the board— (A) Space Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers; and (B) if sufficient Space Force officers are not available pursuant to subparagraph (A), Air Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, but only if the Air Force officer to be appointed to the board has served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force. (4) Exclusion of retired general officers on active duty to serve on a board from numeric general officer active-duty limitations \nA retired general officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty. (b) Limitation on membership on consecutive boards \n(1) General rule \nExcept as provided in paragraph (2), no officer may be a member of two successive selection boards convened under section 20211 of this title for the consideration of officers of the same grade. (2) Exception for general officer boards \nParagraph (1) does not apply with respect to selection boards convened under section 20211 of this title for the consideration of officers in the grade of colonel or brigadier general. (c) Joint qualified officers \n(1) Each selection board convened under section 20211 of this title that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer. (2) Paragraph (1) applies with respect to an officer who— (A) is serving on, or has served on, the Joint Staff; or (B) is a joint qualified officer. (3) The Secretary of Defense may waive the requirement in paragraph (1) for any selection board of the Space Force. 20213. Notice of convening of selection boards \n(a) Notice to eligible officers \nAt least 30 days before a selection board is convened under section 20211 of this title to recommend officers in a grade for promotion to the next higher grade, the Secretary of the Air Force shall— (1) notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification; or (2) issue a general written notice to the Space Force regarding the convening of the board which shall include the convening date of the board and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification. (b) Communication from officers \nAn officer eligible for consideration by a selection board convened under section 20211 of this title (other than an officer who has been excluded under section 20231(d) of this title from consideration by the board) may send a written communication to the board, to arrive not later than 10 calendar days before the date on which the board convenes, calling attention to any matter concerning the officer that the officer considers important to the officer’s case. The selection board shall give consideration to any timely communication under this subsection. (c) Notice of intent of certain officers To serve on or off active duty \nAn officer on the Space Force officer list in the grade of colonel or brigadier general who receives a notice under subsection (a) shall inform the Secretary of the officer’s preference to serve either on or off active duty if promoted to the grade of brigadier general or major general, respectively. 20214. Information furnished to selection boards \nThe provisions of section 615 of this title shall apply to information furnished to selection boards. 20215. Recommendations for promotion by selection boards \nThe provisions of section 616 of this title shall apply to recommendations for promotion by selection boards. 20216. Reports of selection boards \nThe provisions of section 617 of this title shall apply to reports of selection boards. 20217. Action on reports of selection boards for promotion to brigadier general or major general \nThe provisions of section 618 of this title shall apply to action on reports of selection boards. III Promotions \nSec. 20231. Eligibility for consideration for promotion: time-in-grade and other requirements. 20232. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions. 20233. Opportunities for consideration for promotion. 20234. Space Force officer list. 20235. Competitive categories. 20236. Numbers to be recommended for promotion. 20237. Establishment of promotion zones. 20238. Promotions: how made; authorized delay of promotions. 20231. Eligibility for consideration for promotion: time-in-grade and other requirements \n(a) Time-in-grade requirements \n(1) An officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in the grade of second lieutenant or first lieutenant may not be promoted to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: (A) Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant. (B) Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant. (2) Subject to paragraph (5), an officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in a grade above first lieutenant may not be considered for selection for promotion to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: (A) Three years, in the case of an officer holding a permanent appointment in the grade of captain, major, or lieutenant colonel. (B) One year, in the case of an officer holding a permanent appointment in the grade of colonel or brigadier general. (3) When the needs of the service require, the Secretary of the Air Force may prescribe a longer period of service in grade for eligibility for promotion, in the case of officers to whom paragraph (1) applies, or for eligibility for consideration for promotion, in the case of officers to whom paragraph (2) applies. (4) When the needs of the service require, the Secretary of the Air Force may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies. (5) The Secretary of the Air Force may waive paragraph (2) to the extent necessary to assure that officers described in subparagraph (A) of such paragraph have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone. (6) In computing service in grade for purposes of this section, service in a grade held as a result of assignment to a position is counted as service in the grade in which the officer would have served except for such assignment or appointment. (b) Continued eligibility for consideration for promotion of officers who have previously failed of selection \n(1) Except as provided in paragraph (2), an officer who has failed of selection for promotion to the next higher grade remains eligible for consideration for promotion to that grade as long as the officer continues on active duty in other than a retired status and is not promoted. (2) Paragraph (1) does not apply to an officer on active status who is ineligible for consideration for promotion under section 631(c) of this title for the second time. (c) Officers To Be considered by promotion boards \n(1) Each time a selection board is convened under section 20211 of this title for consideration of officers in a competitive category for promotion to the next higher grade, each officer in the promotion zone (except as provided under paragraph (2)), and each officer above the promotion zone, for the grade and competitive category under consideration shall be considered for promotion. (2) The Secretary of the Air Force— (A) may, in accordance with standards and procedures prescribed by the Secretary of Defense in regulations which shall apply uniformly among the military departments, limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exceptionally well qualified for promotion; (B) may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer on the Space Force officer list transfers on or off of sustained duty during which the officer shall be ineligible for consideration for promotion; and (C) may, by regulation, preclude from consideration by a selection board by which the officer would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date on which the board is to be convened. (3) (A) The Secretary of Defense may authorize the Secretary of the Air Force to preclude from consideration by selection boards for promotion to the grade of brigadier general, officers in the grade of colonel who— (i) have been considered and not selected for promotion to the grade of brigadier general or by at least two selection boards; and (ii) are determined, in accordance with standards and procedures prescribed pursuant to subparagraph (B), as not being exceptionally well qualified for promotion. (B) If the Secretary of Defense authorizes the Secretary of the Air Force to have the authority described in subparagraph (A), the Secretary shall prescribe by regulation the standards and procedures for the exercise of such authority. Those regulations shall apply uniformly among the military departments and shall include the following provisions: (i) A requirement that the Secretary of the Air Force may exercise such authority in the case of a particular selection board only if the Secretary of Defense approves the exercise of that authority for that board. (ii) A requirement that an officer may be precluded from consideration by a selection board under this paragraph only upon the recommendation of a preselection board of officers convened by the Secretary of the military department concerned and composed of at least three officers all of whom are serving in a grade higher than the grade of such officer. (iii) A requirement that such a preselection board may not recommend that an officer be precluded from such consideration unless the Secretary of the Air Force has given the officer advance written notice of the convening of such board and of the military records that will be considered by the board and has given the officer a reasonable period before the convening of the board in which to submit comments to the board. (iv) A requirement that the Secretary of the Air Force shall provide general guidance to the board in accordance with standards and procedures prescribed by the Secretary of Defense in those regulations. (v) A requirement that the preselection board may recommend that an officer be precluded from consideration by a selection board only on the basis of the general guidance provided by the Secretary Air Force, information in the officer's official military personnel records that has been described in the notice provided the officer as required pursuant to clause (iii), and any communication to the board received from that officer before the board convenes. (d) Certain officers not To Be considered \nA selection board convened under section 20211 of this title may not consider for promotion to the next higher grade any of the following officers: (1) An officer whose name is on a promotion list for that grade as a result of the officer’s selection for promotion to that grade by an earlier selection board convened under that section. (2) An officer who is recommended for promotion to that grade in the report of an earlier selection board convened under that section, in the case of such a report that has not yet been approved by the President. (3) An officer in the grade of first lieutenant who is on an approved all-fully-qualified-officers list under section 20238(a)(4) of this title. (4) An officer in the grade of captain who is not a citizen of the United States. (5) An officer excluded under subsection (e). (e) Authority To allow officers To opt out of selection board consideration \n(1) The Secretary of the Air Force may provide that an officer on the Space Force officer list may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 20211 of this title to consider officers for promotion to the next higher grade. (2) The Secretary of the Air Force may only approve a request under paragraph (1) if— (A) (i) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, a career progression requirement delayed by the assignment or education; (ii) the Secretary determines the exclusion from consideration is in the best interest of the Space Force; and (iii) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration; or (B) (i) the officer is serving in a critical skill position that cannot be filled by another Space Force officer serving in the same grade; (ii) the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in their current position and grade; and (iii) the officer has not previously opted out of a promotion board under this authority. 20232. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions \nThe provisions of section 619a of this title shall apply to officers of the Space Force. 20233. Opportunities for consideration for promotion \n(a) Specification of number of opportunities for consideration for promotion \nUnder regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall specify the number of opportunities for consideration for promotion to be afforded to Space Force officers for promotion to each grade above the grade of captain. (b) Limitation on number of opportunities that may be specified \nThe number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade may not exceed five. (c) Limited authority of secretary of the air force To modify number of opportunities \nThe Secretary of the Air Force may change the number of opportunities for consideration for promotion to a particular grade not more frequently than once every five years. (d) Authority of secretary of defense To modify number of opportunities \nThe Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade. 20234. Space Force officer list \n(a) Single list \nThe Secretary of the Air Force shall maintain a single list of all Space Force officers serving in a Space Force active status. The list shall be known as the Space Force officer list. (b) Order of officers on list \nOfficers shall be carried on the Space Force officer list in the order of seniority of the grade in which they are serving. Officers serving in the same grade shall be carried in the order of their rank in that grade. (c) Effect of service in a temporary appointment \nAn officer whose position on the Space Force officer list results from service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on the Space Force officer list that the officer would have held if the officer had not received that appointment or assignment. 20235. Competitive categories \n(a) Requirement To establish competitive categories for promotion \nUnder regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall establish at least one competitive category for promotion for officers on the Space Force officer list. Each officer whose name appears on the Space Force officer list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion. (b) Single competitive category for promotion to general officer grades \nThe Secretary of the Air Force shall establish a single competitive category for all officers on the Space Force officer list who will be considered by a selection board convened under section 20211 of this title for promotion to the grade of brigadier general or major general. 20236. Numbers to be recommended for promotion \n(a) Promotion to grades below brigadier general \n(1) Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to a grade below brigadier general and in any competitive category, the Secretary of the Air Force shall determine— (A) the number of positions needed to accomplish mission objectives which require officers of that competitive category in the grade to which the board will recommend officers for promotion; (B) the estimated number of officers needed to fill vacancies in those positions during the period in which it is anticipated that officers selected for promotion will be promoted; and (C) the number of officers in a Space Force active status authorized by the Secretary of the Air Force to serve both on sustained duty and not on sustained duty in the grade and competitive category under consideration. (2) Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers in that competitive category which the selection board may recommend for promotion. (b) Promotion to brigadier general and major general \n(1) Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to the grade of brigadier general or major general, the Secretary of the Air Force shall determine— (A) the number of positions needed to accomplish mission objectives which require officers serving in a Space Force active status on sustained duty, and in a Space Force active status not on sustained duty, in the grade to which the board will recommend officers for promotion; and (B) the estimated number of officers on sustained duty and not on sustained duty needed to fill vacancies in those positions over the 24-month period beginning on the date on which the selection board convenes. (2) Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers serving in a Space Force active status on sustained duty, and the maximum number of officers serving in a Space Force active status not on sustained duty, which the selection board may recommend for promotion. 20237. Establishment of promotion zones \n(a) In general \nBefore convening a selection board under section 20211 of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the Air Force shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. (b) Determination of number \nThe Secretary of the Air Force shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of— (1) the number of officers needed in that competitive category in the next higher grade in each of the next five years; (2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; (3) in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and (4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion. 20238. Promotions: how made; authorized delay of promotions \n(a) Procedure for promotion of officers on an approved promotion list \n(1) Placement of names on promotion list \nWhen the report of a selection board convened under section 20211 of this title is approved by the President, the Secretary of the Air Force shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the list or based on particular merit, as determined by the promotion board. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence. (2) Order and timing of promotions \nExcept as provided in subsection (d), officers on a promotion list for a competitive category shall be promoted to the next higher grade when additional officers in that grade and competitive category are needed. Promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. Officers to be promoted to the grade of first lieutenant shall be promoted in accordance with regulations prescribed by the Secretary of the Air Force. (3) Limitation on promotions to general officer grades to comply with strength limitations \nUnder regulations prescribed by the Secretary of Defense, the promotion of an officer on the Space Force officer list to a general officer grade shall be delayed if that promotion would cause any strength limitation of section 526 of this title to be exceeded. The delay shall expire when the Secretary of the Air Force determines that the delay is no longer required to ensure compliance with the strength limitation. (4) Promotion of first lieutenants on an all-fully-qualified officers list \n(A) Except as provided in subsection (d), officers on the Space Force officer list in the grade of first lieutenant who are on an approved all-fully-qualified-officers list shall be promoted to the grade of captain in accordance with regulations prescribed by the Secretary of the Air Force. (B) An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter. (C) The Secretary of the Air Force may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives. (D) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the Space Force officers list in a grade who the Secretary of the Air Force determines— (i) are fully qualified for promotion to the next higher grade; and (ii) would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 20211 of this title upon the convening of such a board. (E) If the Secretary of the Air Force determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph. (b) Date of rank \nThe date of rank of an officer appointed to a higher grade under this section is determined under section 741(d) of this title. (c) Appointment authority \nAppointments under this section shall be made by the President, by and with the advice and consent of the Senate, except that appointments under this section in the grade of first lieutenant or captain shall be made by the President alone. (d) Authority To delay appointments for specified reasons \nThe provisions of subsection (d) of section 624 of this title shall apply to the appointment of an officer under this section in the same manner as they apply to an appointment of an officer under that section, and any reference in that subsection to an active-duty list shall be treated for purposes of applicability to an officer of the Space Force as referring to the Space Force officer list. IV Persons not considered for promotion and other promotion-related provisions \nSec. 20241. Persons not considered for promotion and other promotion-related provisions. 20241. Persons not considered for promotion and other promotion-related provisions \nSubchapter III of chapter 36 of this title shall apply to officers of the Space Force. V Applicability of other laws \nSec. 20251. Applicability of certain DOPMA officer personnel policy provisions. 20251. Applicability of certain DOPMA officer personnel policy provisions \nExcept as otherwise modified or provided for in this chapter, the following provisions of chapter 36 of this title (relating to promotion, separation, and involuntary retirement of officers on the active-duty list) shall apply to Space Force officers and officer promotions: (1) Subchapter I (relating to selection boards). (2) Subchapter II (relating to promotions). (3) Subchapter III (relating to failure of selection for promotion and retirement for years of service). (4) Subchapter IV (relating to continuation on active duty and selective early retirement). (5) Subchapter V (additional provisions relating to promotion, separation, and retirement). (6) Subchapter VI (relating to alternative promotion authority for officers in designated competitive categories)..", "id": "id4ca6d6f7f0fb490f9711f4f00d52c6ba", "header": "Selection boards and promotions", "nested": [], "links": [ { "text": "Chapter 205", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/205" } ] }, { "text": "(d) Temporary ( brevet ) promotions for officers with critical skills \nSection 605 of title 10, United States Code, is amended as follows: (1) Coverage of Space Force officers \nSubsections (a), (b)(2)(A), (f)(1), and (f)(2) are amended by striking or Marine Corps, each place it appears and inserting Marine Corps, or Space Force,. (2) Disaggregation of air force maximum numbers \nSubsection (g) is amended— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by striking paragraph (2) and inserting the following new paragraphs (2) and (3): (2) In the case of the Air Force— (A) as captain, 95; (B) as major, 305; (C) as lieutenant colonel, 165; and (D) as colonel, 75. (3) In the case of the Space Force— (A) as captain, 5; (B) as major, 20; (C) as lieutenant colonel, 10; and (D) as colonel, 5..", "id": "id25998a6200894424a9af7c39a2ec44d9", "header": "Temporary (brevet) promotions for officers with critical skills", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 205", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/205" } ] }, { "text": "20201. Original appointments: how made \nThe provisions of section 531 of this title shall apply to original appointments of commissioned officers in the Space Force.", "id": "idf6e969f3115a4a488e65ecac0be47ce9", "header": "Original appointments: how made", "nested": [], "links": [] }, { "text": "20202. Original appointments: qualifications \n(a) In general \nAn original appointment as a commissioned officer in the Space Force may be given only to a person who— (1) is a citizen of the United States; (2) is at least 18 years of age; and (3) has such other physical, mental, moral, professional, and age qualifications as the Secretary of the Air Force may prescribe by regulation. (b) Exception \nA person who is otherwise qualified, but who has a physical condition that the Secretary of the Air Force determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as an officer in the Space Force.", "id": "id4675ad6a90804dbea02da601a5046710", "header": "Original appointments: qualifications", "nested": [ { "text": "(a) In general \nAn original appointment as a commissioned officer in the Space Force may be given only to a person who— (1) is a citizen of the United States; (2) is at least 18 years of age; and (3) has such other physical, mental, moral, professional, and age qualifications as the Secretary of the Air Force may prescribe by regulation.", "id": "idad68b761a7564e4db5f55cb510f839e0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exception \nA person who is otherwise qualified, but who has a physical condition that the Secretary of the Air Force determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as an officer in the Space Force.", "id": "idd6b6dab9417041f180073dfb6c4894c5", "header": "Exception", "nested": [], "links": [] } ], "links": [] }, { "text": "20203. Original appointments: service credit \nThe provisions of section 533 of this title shall apply to the crediting of prior active commissioned service for original appointments of commissioned officers.", "id": "id97db1049eb0d4e2da986b3e95a7fcee5", "header": "Original appointments: service credit", "nested": [], "links": [] }, { "text": "20211. Convening of selection boards \n(a) In general \nWhenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general. (b) Exception for officers in grade of first lieutenant \nSubsection (a) does not require the convening of a selection board in the case of Space Force officers in the permanent grade of first lieutenant when the Secretary of the Air Force recommends for promotion to the grade of captain under section 20238(a)(4)(A) of this title all such officers whom the Secretary finds to be fully qualified for promotion. (c) Section 20404 selection boards \nThe Secretary of the Air Force may convene selection boards to recommend officers for early retirement under section 20404(a) of this title or for discharge under section 20404(b) of this title. (d) Regulations \nThe convening of selection boards under subsection (a) shall be under regulations prescribed by the Secretary of the Defense.", "id": "idec220394badb403f81131effb86f3f16", "header": "Convening of selection boards", "nested": [ { "text": "(a) In general \nWhenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general.", "id": "id8b70855753a643e09389fda736ba1533", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exception for officers in grade of first lieutenant \nSubsection (a) does not require the convening of a selection board in the case of Space Force officers in the permanent grade of first lieutenant when the Secretary of the Air Force recommends for promotion to the grade of captain under section 20238(a)(4)(A) of this title all such officers whom the Secretary finds to be fully qualified for promotion.", "id": "id06e9cc9cb4064a7dbbf2eaf2de7dfe82", "header": "Exception for officers in grade of first lieutenant", "nested": [], "links": [] }, { "text": "(c) Section 20404 selection boards \nThe Secretary of the Air Force may convene selection boards to recommend officers for early retirement under section 20404(a) of this title or for discharge under section 20404(b) of this title.", "id": "id32ddc69d1b6d4a7486e698ccfb5d73b2", "header": "Section 20404 selection boards", "nested": [], "links": [] }, { "text": "(d) Regulations \nThe convening of selection boards under subsection (a) shall be under regulations prescribed by the Secretary of the Defense.", "id": "id3601494cc6ab42cd94c61bb392448b7d", "header": "Regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "20212. Composition of selection boards \n— (a) Appointment and composition of boards \n(1) In general \nMembers of a selection board shall be appointed by the Secretary of Air Force in accordance with this section. A selection board shall consist of five or more officers of the Space Force. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in a grade below major. The members of a selection board shall include at least one member serving on sustained duty and at least one member in a Space Force active status who is not serving on sustained duty. The ratio of the members of a selection board serving on sustained duty to members serving in a Space Force active status not on sustained duty shall, to the extent practicable, reflect the ratio of officers serving in each of those statuses who are being considered for promotion by the board. The members of a selection board shall represent the diverse population of the Space Force to the extent practicable. (2) Representation from competitive categories \n(A) Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board. (B) A selection board need not include an officer from a competitive category when there are no officers of that competitive category on the Space Force officer list in a grade higher than the grade of the officers to be considered by the board and eligible to serve on the board. (3) Retired officers \nIf qualified officers on the Space Force officer list are not available in sufficient number to comprise a selection board, the Secretary of the Air Force shall complete the membership of the board by appointing as members of the board— (A) Space Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers; and (B) if sufficient Space Force officers are not available pursuant to subparagraph (A), Air Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, but only if the Air Force officer to be appointed to the board has served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force. (4) Exclusion of retired general officers on active duty to serve on a board from numeric general officer active-duty limitations \nA retired general officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty. (b) Limitation on membership on consecutive boards \n(1) General rule \nExcept as provided in paragraph (2), no officer may be a member of two successive selection boards convened under section 20211 of this title for the consideration of officers of the same grade. (2) Exception for general officer boards \nParagraph (1) does not apply with respect to selection boards convened under section 20211 of this title for the consideration of officers in the grade of colonel or brigadier general. (c) Joint qualified officers \n(1) Each selection board convened under section 20211 of this title that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer. (2) Paragraph (1) applies with respect to an officer who— (A) is serving on, or has served on, the Joint Staff; or (B) is a joint qualified officer. (3) The Secretary of Defense may waive the requirement in paragraph (1) for any selection board of the Space Force.", "id": "id56864dd3cc244a5791eb73b54deeb59d", "header": "Composition of selection boards", "nested": [ { "text": "(a) Appointment and composition of boards \n(1) In general \nMembers of a selection board shall be appointed by the Secretary of Air Force in accordance with this section. A selection board shall consist of five or more officers of the Space Force. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in a grade below major. The members of a selection board shall include at least one member serving on sustained duty and at least one member in a Space Force active status who is not serving on sustained duty. The ratio of the members of a selection board serving on sustained duty to members serving in a Space Force active status not on sustained duty shall, to the extent practicable, reflect the ratio of officers serving in each of those statuses who are being considered for promotion by the board. The members of a selection board shall represent the diverse population of the Space Force to the extent practicable. (2) Representation from competitive categories \n(A) Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board. (B) A selection board need not include an officer from a competitive category when there are no officers of that competitive category on the Space Force officer list in a grade higher than the grade of the officers to be considered by the board and eligible to serve on the board. (3) Retired officers \nIf qualified officers on the Space Force officer list are not available in sufficient number to comprise a selection board, the Secretary of the Air Force shall complete the membership of the board by appointing as members of the board— (A) Space Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers; and (B) if sufficient Space Force officers are not available pursuant to subparagraph (A), Air Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, but only if the Air Force officer to be appointed to the board has served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force. (4) Exclusion of retired general officers on active duty to serve on a board from numeric general officer active-duty limitations \nA retired general officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.", "id": "id6acb7d199ca54fee97b74dc980000c11", "header": "Appointment and composition of boards", "nested": [], "links": [] }, { "text": "(b) Limitation on membership on consecutive boards \n(1) General rule \nExcept as provided in paragraph (2), no officer may be a member of two successive selection boards convened under section 20211 of this title for the consideration of officers of the same grade. (2) Exception for general officer boards \nParagraph (1) does not apply with respect to selection boards convened under section 20211 of this title for the consideration of officers in the grade of colonel or brigadier general.", "id": "id641be9367b37458db62253e2ae6c57e7", "header": "Limitation on membership on consecutive boards", "nested": [], "links": [] }, { "text": "(c) Joint qualified officers \n(1) Each selection board convened under section 20211 of this title that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer. (2) Paragraph (1) applies with respect to an officer who— (A) is serving on, or has served on, the Joint Staff; or (B) is a joint qualified officer. (3) The Secretary of Defense may waive the requirement in paragraph (1) for any selection board of the Space Force.", "id": "id853dfaab91a9487a81f0bd9c5ff5e505", "header": "Joint qualified officers", "nested": [], "links": [] } ], "links": [] }, { "text": "20213. Notice of convening of selection boards \n(a) Notice to eligible officers \nAt least 30 days before a selection board is convened under section 20211 of this title to recommend officers in a grade for promotion to the next higher grade, the Secretary of the Air Force shall— (1) notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification; or (2) issue a general written notice to the Space Force regarding the convening of the board which shall include the convening date of the board and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification. (b) Communication from officers \nAn officer eligible for consideration by a selection board convened under section 20211 of this title (other than an officer who has been excluded under section 20231(d) of this title from consideration by the board) may send a written communication to the board, to arrive not later than 10 calendar days before the date on which the board convenes, calling attention to any matter concerning the officer that the officer considers important to the officer’s case. The selection board shall give consideration to any timely communication under this subsection. (c) Notice of intent of certain officers To serve on or off active duty \nAn officer on the Space Force officer list in the grade of colonel or brigadier general who receives a notice under subsection (a) shall inform the Secretary of the officer’s preference to serve either on or off active duty if promoted to the grade of brigadier general or major general, respectively.", "id": "id374e1f0276184d3a93d7e6fccb5c45e6", "header": "Notice of convening of selection boards", "nested": [ { "text": "(a) Notice to eligible officers \nAt least 30 days before a selection board is convened under section 20211 of this title to recommend officers in a grade for promotion to the next higher grade, the Secretary of the Air Force shall— (1) notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification; or (2) issue a general written notice to the Space Force regarding the convening of the board which shall include the convening date of the board and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification.", "id": "id48029fe4b97c46a9bb73c44e54674ff3", "header": "Notice to eligible officers", "nested": [], "links": [] }, { "text": "(b) Communication from officers \nAn officer eligible for consideration by a selection board convened under section 20211 of this title (other than an officer who has been excluded under section 20231(d) of this title from consideration by the board) may send a written communication to the board, to arrive not later than 10 calendar days before the date on which the board convenes, calling attention to any matter concerning the officer that the officer considers important to the officer’s case. The selection board shall give consideration to any timely communication under this subsection.", "id": "ida4521abf5b7249759636734c5e99983e", "header": "Communication from officers", "nested": [], "links": [] }, { "text": "(c) Notice of intent of certain officers To serve on or off active duty \nAn officer on the Space Force officer list in the grade of colonel or brigadier general who receives a notice under subsection (a) shall inform the Secretary of the officer’s preference to serve either on or off active duty if promoted to the grade of brigadier general or major general, respectively.", "id": "id8f2ad7bbb60a4529ae97be08d10b3c1e", "header": "Notice of intent of certain officers To serve on or off active duty", "nested": [], "links": [] } ], "links": [] }, { "text": "20214. Information furnished to selection boards \nThe provisions of section 615 of this title shall apply to information furnished to selection boards.", "id": "id9e9d263f93f24ad0a69802148a78b4eb", "header": "Information furnished to selection boards", "nested": [], "links": [] }, { "text": "20215. Recommendations for promotion by selection boards \nThe provisions of section 616 of this title shall apply to recommendations for promotion by selection boards.", "id": "id6353c475237940c98e8eaa4c0ea38177", "header": "Recommendations for promotion by selection boards", "nested": [], "links": [] }, { "text": "20216. Reports of selection boards \nThe provisions of section 617 of this title shall apply to reports of selection boards.", "id": "id325bada6fdb74c34a1b817ea7cb2edcf", "header": "Reports of selection boards", "nested": [], "links": [] }, { "text": "20217. Action on reports of selection boards for promotion to brigadier general or major general \nThe provisions of section 618 of this title shall apply to action on reports of selection boards.", "id": "id3c12e12f487b4b3b974948485dfbb306", "header": "Action on reports of selection boards for promotion to brigadier general or major general", "nested": [], "links": [] }, { "text": "20231. Eligibility for consideration for promotion: time-in-grade and other requirements \n(a) Time-in-grade requirements \n(1) An officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in the grade of second lieutenant or first lieutenant may not be promoted to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: (A) Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant. (B) Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant. (2) Subject to paragraph (5), an officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in a grade above first lieutenant may not be considered for selection for promotion to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: (A) Three years, in the case of an officer holding a permanent appointment in the grade of captain, major, or lieutenant colonel. (B) One year, in the case of an officer holding a permanent appointment in the grade of colonel or brigadier general. (3) When the needs of the service require, the Secretary of the Air Force may prescribe a longer period of service in grade for eligibility for promotion, in the case of officers to whom paragraph (1) applies, or for eligibility for consideration for promotion, in the case of officers to whom paragraph (2) applies. (4) When the needs of the service require, the Secretary of the Air Force may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies. (5) The Secretary of the Air Force may waive paragraph (2) to the extent necessary to assure that officers described in subparagraph (A) of such paragraph have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone. (6) In computing service in grade for purposes of this section, service in a grade held as a result of assignment to a position is counted as service in the grade in which the officer would have served except for such assignment or appointment. (b) Continued eligibility for consideration for promotion of officers who have previously failed of selection \n(1) Except as provided in paragraph (2), an officer who has failed of selection for promotion to the next higher grade remains eligible for consideration for promotion to that grade as long as the officer continues on active duty in other than a retired status and is not promoted. (2) Paragraph (1) does not apply to an officer on active status who is ineligible for consideration for promotion under section 631(c) of this title for the second time. (c) Officers To Be considered by promotion boards \n(1) Each time a selection board is convened under section 20211 of this title for consideration of officers in a competitive category for promotion to the next higher grade, each officer in the promotion zone (except as provided under paragraph (2)), and each officer above the promotion zone, for the grade and competitive category under consideration shall be considered for promotion. (2) The Secretary of the Air Force— (A) may, in accordance with standards and procedures prescribed by the Secretary of Defense in regulations which shall apply uniformly among the military departments, limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exceptionally well qualified for promotion; (B) may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer on the Space Force officer list transfers on or off of sustained duty during which the officer shall be ineligible for consideration for promotion; and (C) may, by regulation, preclude from consideration by a selection board by which the officer would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date on which the board is to be convened. (3) (A) The Secretary of Defense may authorize the Secretary of the Air Force to preclude from consideration by selection boards for promotion to the grade of brigadier general, officers in the grade of colonel who— (i) have been considered and not selected for promotion to the grade of brigadier general or by at least two selection boards; and (ii) are determined, in accordance with standards and procedures prescribed pursuant to subparagraph (B), as not being exceptionally well qualified for promotion. (B) If the Secretary of Defense authorizes the Secretary of the Air Force to have the authority described in subparagraph (A), the Secretary shall prescribe by regulation the standards and procedures for the exercise of such authority. Those regulations shall apply uniformly among the military departments and shall include the following provisions: (i) A requirement that the Secretary of the Air Force may exercise such authority in the case of a particular selection board only if the Secretary of Defense approves the exercise of that authority for that board. (ii) A requirement that an officer may be precluded from consideration by a selection board under this paragraph only upon the recommendation of a preselection board of officers convened by the Secretary of the military department concerned and composed of at least three officers all of whom are serving in a grade higher than the grade of such officer. (iii) A requirement that such a preselection board may not recommend that an officer be precluded from such consideration unless the Secretary of the Air Force has given the officer advance written notice of the convening of such board and of the military records that will be considered by the board and has given the officer a reasonable period before the convening of the board in which to submit comments to the board. (iv) A requirement that the Secretary of the Air Force shall provide general guidance to the board in accordance with standards and procedures prescribed by the Secretary of Defense in those regulations. (v) A requirement that the preselection board may recommend that an officer be precluded from consideration by a selection board only on the basis of the general guidance provided by the Secretary Air Force, information in the officer's official military personnel records that has been described in the notice provided the officer as required pursuant to clause (iii), and any communication to the board received from that officer before the board convenes. (d) Certain officers not To Be considered \nA selection board convened under section 20211 of this title may not consider for promotion to the next higher grade any of the following officers: (1) An officer whose name is on a promotion list for that grade as a result of the officer’s selection for promotion to that grade by an earlier selection board convened under that section. (2) An officer who is recommended for promotion to that grade in the report of an earlier selection board convened under that section, in the case of such a report that has not yet been approved by the President. (3) An officer in the grade of first lieutenant who is on an approved all-fully-qualified-officers list under section 20238(a)(4) of this title. (4) An officer in the grade of captain who is not a citizen of the United States. (5) An officer excluded under subsection (e). (e) Authority To allow officers To opt out of selection board consideration \n(1) The Secretary of the Air Force may provide that an officer on the Space Force officer list may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 20211 of this title to consider officers for promotion to the next higher grade. (2) The Secretary of the Air Force may only approve a request under paragraph (1) if— (A) (i) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, a career progression requirement delayed by the assignment or education; (ii) the Secretary determines the exclusion from consideration is in the best interest of the Space Force; and (iii) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration; or (B) (i) the officer is serving in a critical skill position that cannot be filled by another Space Force officer serving in the same grade; (ii) the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in their current position and grade; and (iii) the officer has not previously opted out of a promotion board under this authority.", "id": "id2208055f6ea349199c783b4d07bc1c21", "header": "Eligibility for consideration for promotion: time-in-grade and other requirements", "nested": [ { "text": "(a) Time-in-grade requirements \n(1) An officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in the grade of second lieutenant or first lieutenant may not be promoted to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: (A) Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant. (B) Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant. (2) Subject to paragraph (5), an officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in a grade above first lieutenant may not be considered for selection for promotion to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: (A) Three years, in the case of an officer holding a permanent appointment in the grade of captain, major, or lieutenant colonel. (B) One year, in the case of an officer holding a permanent appointment in the grade of colonel or brigadier general. (3) When the needs of the service require, the Secretary of the Air Force may prescribe a longer period of service in grade for eligibility for promotion, in the case of officers to whom paragraph (1) applies, or for eligibility for consideration for promotion, in the case of officers to whom paragraph (2) applies. (4) When the needs of the service require, the Secretary of the Air Force may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies. (5) The Secretary of the Air Force may waive paragraph (2) to the extent necessary to assure that officers described in subparagraph (A) of such paragraph have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone. (6) In computing service in grade for purposes of this section, service in a grade held as a result of assignment to a position is counted as service in the grade in which the officer would have served except for such assignment or appointment.", "id": "id70935fafeef84ca8a0710d4ff438e5ab", "header": "Time-in-grade requirements", "nested": [], "links": [] }, { "text": "(b) Continued eligibility for consideration for promotion of officers who have previously failed of selection \n(1) Except as provided in paragraph (2), an officer who has failed of selection for promotion to the next higher grade remains eligible for consideration for promotion to that grade as long as the officer continues on active duty in other than a retired status and is not promoted. (2) Paragraph (1) does not apply to an officer on active status who is ineligible for consideration for promotion under section 631(c) of this title for the second time.", "id": "idcf6c542fedfb4d3f8f162abf1160f290", "header": "Continued eligibility for consideration for promotion of officers who have previously failed of selection", "nested": [], "links": [] }, { "text": "(c) Officers To Be considered by promotion boards \n(1) Each time a selection board is convened under section 20211 of this title for consideration of officers in a competitive category for promotion to the next higher grade, each officer in the promotion zone (except as provided under paragraph (2)), and each officer above the promotion zone, for the grade and competitive category under consideration shall be considered for promotion. (2) The Secretary of the Air Force— (A) may, in accordance with standards and procedures prescribed by the Secretary of Defense in regulations which shall apply uniformly among the military departments, limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exceptionally well qualified for promotion; (B) may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer on the Space Force officer list transfers on or off of sustained duty during which the officer shall be ineligible for consideration for promotion; and (C) may, by regulation, preclude from consideration by a selection board by which the officer would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date on which the board is to be convened. (3) (A) The Secretary of Defense may authorize the Secretary of the Air Force to preclude from consideration by selection boards for promotion to the grade of brigadier general, officers in the grade of colonel who— (i) have been considered and not selected for promotion to the grade of brigadier general or by at least two selection boards; and (ii) are determined, in accordance with standards and procedures prescribed pursuant to subparagraph (B), as not being exceptionally well qualified for promotion. (B) If the Secretary of Defense authorizes the Secretary of the Air Force to have the authority described in subparagraph (A), the Secretary shall prescribe by regulation the standards and procedures for the exercise of such authority. Those regulations shall apply uniformly among the military departments and shall include the following provisions: (i) A requirement that the Secretary of the Air Force may exercise such authority in the case of a particular selection board only if the Secretary of Defense approves the exercise of that authority for that board. (ii) A requirement that an officer may be precluded from consideration by a selection board under this paragraph only upon the recommendation of a preselection board of officers convened by the Secretary of the military department concerned and composed of at least three officers all of whom are serving in a grade higher than the grade of such officer. (iii) A requirement that such a preselection board may not recommend that an officer be precluded from such consideration unless the Secretary of the Air Force has given the officer advance written notice of the convening of such board and of the military records that will be considered by the board and has given the officer a reasonable period before the convening of the board in which to submit comments to the board. (iv) A requirement that the Secretary of the Air Force shall provide general guidance to the board in accordance with standards and procedures prescribed by the Secretary of Defense in those regulations. (v) A requirement that the preselection board may recommend that an officer be precluded from consideration by a selection board only on the basis of the general guidance provided by the Secretary Air Force, information in the officer's official military personnel records that has been described in the notice provided the officer as required pursuant to clause (iii), and any communication to the board received from that officer before the board convenes.", "id": "id3777c9e7c0a64283bd16c876133cf03d", "header": "Officers To Be considered by promotion boards", "nested": [], "links": [] }, { "text": "(d) Certain officers not To Be considered \nA selection board convened under section 20211 of this title may not consider for promotion to the next higher grade any of the following officers: (1) An officer whose name is on a promotion list for that grade as a result of the officer’s selection for promotion to that grade by an earlier selection board convened under that section. (2) An officer who is recommended for promotion to that grade in the report of an earlier selection board convened under that section, in the case of such a report that has not yet been approved by the President. (3) An officer in the grade of first lieutenant who is on an approved all-fully-qualified-officers list under section 20238(a)(4) of this title. (4) An officer in the grade of captain who is not a citizen of the United States. (5) An officer excluded under subsection (e).", "id": "id5ef15203f7d44a1ea16a2ce1d8b1510d", "header": "Certain officers not To Be considered", "nested": [], "links": [] }, { "text": "(e) Authority To allow officers To opt out of selection board consideration \n(1) The Secretary of the Air Force may provide that an officer on the Space Force officer list may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 20211 of this title to consider officers for promotion to the next higher grade. (2) The Secretary of the Air Force may only approve a request under paragraph (1) if— (A) (i) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, a career progression requirement delayed by the assignment or education; (ii) the Secretary determines the exclusion from consideration is in the best interest of the Space Force; and (iii) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration; or (B) (i) the officer is serving in a critical skill position that cannot be filled by another Space Force officer serving in the same grade; (ii) the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in their current position and grade; and (iii) the officer has not previously opted out of a promotion board under this authority.", "id": "id80f93da501cb4ae3b9d30150d9b4e50c", "header": "Authority To allow officers To opt out of selection board consideration", "nested": [], "links": [] } ], "links": [] }, { "text": "20232. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions \nThe provisions of section 619a of this title shall apply to officers of the Space Force.", "id": "id4935bc0302af4ceaa62c966661854c9f", "header": "Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions", "nested": [], "links": [] }, { "text": "20233. Opportunities for consideration for promotion \n(a) Specification of number of opportunities for consideration for promotion \nUnder regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall specify the number of opportunities for consideration for promotion to be afforded to Space Force officers for promotion to each grade above the grade of captain. (b) Limitation on number of opportunities that may be specified \nThe number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade may not exceed five. (c) Limited authority of secretary of the air force To modify number of opportunities \nThe Secretary of the Air Force may change the number of opportunities for consideration for promotion to a particular grade not more frequently than once every five years. (d) Authority of secretary of defense To modify number of opportunities \nThe Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade.", "id": "id1225f145bd6d4ad9a17b7a3dd44acc61", "header": "Opportunities for consideration for promotion", "nested": [ { "text": "(a) Specification of number of opportunities for consideration for promotion \nUnder regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall specify the number of opportunities for consideration for promotion to be afforded to Space Force officers for promotion to each grade above the grade of captain.", "id": "idfcf82f9e566645c6a646d953169fa621", "header": "Specification of number of opportunities for consideration for promotion", "nested": [], "links": [] }, { "text": "(b) Limitation on number of opportunities that may be specified \nThe number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade may not exceed five.", "id": "id606897d66fad43c8aeb234ed780e88a5", "header": "Limitation on number of opportunities that may be specified", "nested": [], "links": [] }, { "text": "(c) Limited authority of secretary of the air force To modify number of opportunities \nThe Secretary of the Air Force may change the number of opportunities for consideration for promotion to a particular grade not more frequently than once every five years.", "id": "id29dcc22b639a4302ad1b5d14429e796c", "header": "Limited authority of secretary of the air force To modify number of opportunities", "nested": [], "links": [] }, { "text": "(d) Authority of secretary of defense To modify number of opportunities \nThe Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade.", "id": "idead167b6befa4b0c901f58cb6b162050", "header": "Authority of secretary of defense To modify number of opportunities", "nested": [], "links": [] } ], "links": [] }, { "text": "20234. Space Force officer list \n(a) Single list \nThe Secretary of the Air Force shall maintain a single list of all Space Force officers serving in a Space Force active status. The list shall be known as the Space Force officer list. (b) Order of officers on list \nOfficers shall be carried on the Space Force officer list in the order of seniority of the grade in which they are serving. Officers serving in the same grade shall be carried in the order of their rank in that grade. (c) Effect of service in a temporary appointment \nAn officer whose position on the Space Force officer list results from service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on the Space Force officer list that the officer would have held if the officer had not received that appointment or assignment.", "id": "id9f7ede9714ba4b0eb7aaf8b5f886dc2d", "header": "Space Force officer list", "nested": [ { "text": "(a) Single list \nThe Secretary of the Air Force shall maintain a single list of all Space Force officers serving in a Space Force active status. The list shall be known as the Space Force officer list.", "id": "id1c76bb55f3944098acfb2f01299caaca", "header": "Single list", "nested": [], "links": [] }, { "text": "(b) Order of officers on list \nOfficers shall be carried on the Space Force officer list in the order of seniority of the grade in which they are serving. Officers serving in the same grade shall be carried in the order of their rank in that grade.", "id": "id2a706eb2e1a448a1a3bdef19ad869dd9", "header": "Order of officers on list", "nested": [], "links": [] }, { "text": "(c) Effect of service in a temporary appointment \nAn officer whose position on the Space Force officer list results from service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on the Space Force officer list that the officer would have held if the officer had not received that appointment or assignment.", "id": "id5865d66675014e55a8f7cae7e36868bb", "header": "Effect of service in a temporary appointment", "nested": [], "links": [] } ], "links": [] }, { "text": "20235. Competitive categories \n(a) Requirement To establish competitive categories for promotion \nUnder regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall establish at least one competitive category for promotion for officers on the Space Force officer list. Each officer whose name appears on the Space Force officer list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion. (b) Single competitive category for promotion to general officer grades \nThe Secretary of the Air Force shall establish a single competitive category for all officers on the Space Force officer list who will be considered by a selection board convened under section 20211 of this title for promotion to the grade of brigadier general or major general.", "id": "id77eb8f7240a44c5db464596b5b8eeed6", "header": "Competitive categories", "nested": [ { "text": "(a) Requirement To establish competitive categories for promotion \nUnder regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall establish at least one competitive category for promotion for officers on the Space Force officer list. Each officer whose name appears on the Space Force officer list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion.", "id": "id1e5c254e074245be85aeea659c7a8f99", "header": "Requirement To establish competitive categories for promotion", "nested": [], "links": [] }, { "text": "(b) Single competitive category for promotion to general officer grades \nThe Secretary of the Air Force shall establish a single competitive category for all officers on the Space Force officer list who will be considered by a selection board convened under section 20211 of this title for promotion to the grade of brigadier general or major general.", "id": "id288c578917a44d7390511cda4b5e6fd5", "header": "Single competitive category for promotion to general officer grades", "nested": [], "links": [] } ], "links": [] }, { "text": "20236. Numbers to be recommended for promotion \n(a) Promotion to grades below brigadier general \n(1) Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to a grade below brigadier general and in any competitive category, the Secretary of the Air Force shall determine— (A) the number of positions needed to accomplish mission objectives which require officers of that competitive category in the grade to which the board will recommend officers for promotion; (B) the estimated number of officers needed to fill vacancies in those positions during the period in which it is anticipated that officers selected for promotion will be promoted; and (C) the number of officers in a Space Force active status authorized by the Secretary of the Air Force to serve both on sustained duty and not on sustained duty in the grade and competitive category under consideration. (2) Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers in that competitive category which the selection board may recommend for promotion. (b) Promotion to brigadier general and major general \n(1) Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to the grade of brigadier general or major general, the Secretary of the Air Force shall determine— (A) the number of positions needed to accomplish mission objectives which require officers serving in a Space Force active status on sustained duty, and in a Space Force active status not on sustained duty, in the grade to which the board will recommend officers for promotion; and (B) the estimated number of officers on sustained duty and not on sustained duty needed to fill vacancies in those positions over the 24-month period beginning on the date on which the selection board convenes. (2) Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers serving in a Space Force active status on sustained duty, and the maximum number of officers serving in a Space Force active status not on sustained duty, which the selection board may recommend for promotion.", "id": "idd0333d3b04da4c98b808f5f862402e3d", "header": "Numbers to be recommended for promotion", "nested": [ { "text": "(a) Promotion to grades below brigadier general \n(1) Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to a grade below brigadier general and in any competitive category, the Secretary of the Air Force shall determine— (A) the number of positions needed to accomplish mission objectives which require officers of that competitive category in the grade to which the board will recommend officers for promotion; (B) the estimated number of officers needed to fill vacancies in those positions during the period in which it is anticipated that officers selected for promotion will be promoted; and (C) the number of officers in a Space Force active status authorized by the Secretary of the Air Force to serve both on sustained duty and not on sustained duty in the grade and competitive category under consideration. (2) Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers in that competitive category which the selection board may recommend for promotion.", "id": "id455e85965fec4512a9ad5b9f7da41100", "header": "Promotion to grades below brigadier general", "nested": [], "links": [] }, { "text": "(b) Promotion to brigadier general and major general \n(1) Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to the grade of brigadier general or major general, the Secretary of the Air Force shall determine— (A) the number of positions needed to accomplish mission objectives which require officers serving in a Space Force active status on sustained duty, and in a Space Force active status not on sustained duty, in the grade to which the board will recommend officers for promotion; and (B) the estimated number of officers on sustained duty and not on sustained duty needed to fill vacancies in those positions over the 24-month period beginning on the date on which the selection board convenes. (2) Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers serving in a Space Force active status on sustained duty, and the maximum number of officers serving in a Space Force active status not on sustained duty, which the selection board may recommend for promotion.", "id": "ide627b2049ef94d328edeafea63c4894f", "header": "Promotion to brigadier general and major general", "nested": [], "links": [] } ], "links": [] }, { "text": "20237. Establishment of promotion zones \n(a) In general \nBefore convening a selection board under section 20211 of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the Air Force shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. (b) Determination of number \nThe Secretary of the Air Force shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of— (1) the number of officers needed in that competitive category in the next higher grade in each of the next five years; (2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; (3) in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and (4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion.", "id": "id455c54ee7b2149519ba856a7fe4fee12", "header": "Establishment of promotion zones", "nested": [ { "text": "(a) In general \nBefore convening a selection board under section 20211 of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the Air Force shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board.", "id": "id2d13d021596d47d780f5c6f241947367", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Determination of number \nThe Secretary of the Air Force shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of— (1) the number of officers needed in that competitive category in the next higher grade in each of the next five years; (2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; (3) in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and (4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion.", "id": "idf1e8643e6ba948d5bfd6a9082b5d00f8", "header": "Determination of number", "nested": [], "links": [] } ], "links": [] }, { "text": "20238. Promotions: how made; authorized delay of promotions \n(a) Procedure for promotion of officers on an approved promotion list \n(1) Placement of names on promotion list \nWhen the report of a selection board convened under section 20211 of this title is approved by the President, the Secretary of the Air Force shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the list or based on particular merit, as determined by the promotion board. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence. (2) Order and timing of promotions \nExcept as provided in subsection (d), officers on a promotion list for a competitive category shall be promoted to the next higher grade when additional officers in that grade and competitive category are needed. Promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. Officers to be promoted to the grade of first lieutenant shall be promoted in accordance with regulations prescribed by the Secretary of the Air Force. (3) Limitation on promotions to general officer grades to comply with strength limitations \nUnder regulations prescribed by the Secretary of Defense, the promotion of an officer on the Space Force officer list to a general officer grade shall be delayed if that promotion would cause any strength limitation of section 526 of this title to be exceeded. The delay shall expire when the Secretary of the Air Force determines that the delay is no longer required to ensure compliance with the strength limitation. (4) Promotion of first lieutenants on an all-fully-qualified officers list \n(A) Except as provided in subsection (d), officers on the Space Force officer list in the grade of first lieutenant who are on an approved all-fully-qualified-officers list shall be promoted to the grade of captain in accordance with regulations prescribed by the Secretary of the Air Force. (B) An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter. (C) The Secretary of the Air Force may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives. (D) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the Space Force officers list in a grade who the Secretary of the Air Force determines— (i) are fully qualified for promotion to the next higher grade; and (ii) would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 20211 of this title upon the convening of such a board. (E) If the Secretary of the Air Force determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph. (b) Date of rank \nThe date of rank of an officer appointed to a higher grade under this section is determined under section 741(d) of this title. (c) Appointment authority \nAppointments under this section shall be made by the President, by and with the advice and consent of the Senate, except that appointments under this section in the grade of first lieutenant or captain shall be made by the President alone. (d) Authority To delay appointments for specified reasons \nThe provisions of subsection (d) of section 624 of this title shall apply to the appointment of an officer under this section in the same manner as they apply to an appointment of an officer under that section, and any reference in that subsection to an active-duty list shall be treated for purposes of applicability to an officer of the Space Force as referring to the Space Force officer list.", "id": "idf5732b031a99494ea602ed1c1a0ee576", "header": "Promotions: how made; authorized delay of promotions", "nested": [ { "text": "(a) Procedure for promotion of officers on an approved promotion list \n(1) Placement of names on promotion list \nWhen the report of a selection board convened under section 20211 of this title is approved by the President, the Secretary of the Air Force shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the list or based on particular merit, as determined by the promotion board. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence. (2) Order and timing of promotions \nExcept as provided in subsection (d), officers on a promotion list for a competitive category shall be promoted to the next higher grade when additional officers in that grade and competitive category are needed. Promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. Officers to be promoted to the grade of first lieutenant shall be promoted in accordance with regulations prescribed by the Secretary of the Air Force. (3) Limitation on promotions to general officer grades to comply with strength limitations \nUnder regulations prescribed by the Secretary of Defense, the promotion of an officer on the Space Force officer list to a general officer grade shall be delayed if that promotion would cause any strength limitation of section 526 of this title to be exceeded. The delay shall expire when the Secretary of the Air Force determines that the delay is no longer required to ensure compliance with the strength limitation. (4) Promotion of first lieutenants on an all-fully-qualified officers list \n(A) Except as provided in subsection (d), officers on the Space Force officer list in the grade of first lieutenant who are on an approved all-fully-qualified-officers list shall be promoted to the grade of captain in accordance with regulations prescribed by the Secretary of the Air Force. (B) An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter. (C) The Secretary of the Air Force may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives. (D) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the Space Force officers list in a grade who the Secretary of the Air Force determines— (i) are fully qualified for promotion to the next higher grade; and (ii) would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 20211 of this title upon the convening of such a board. (E) If the Secretary of the Air Force determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph.", "id": "id9018c7e7c0a24c0b85f93a2b88e0df05", "header": "Procedure for promotion of officers on an approved promotion list", "nested": [], "links": [] }, { "text": "(b) Date of rank \nThe date of rank of an officer appointed to a higher grade under this section is determined under section 741(d) of this title.", "id": "id4741f735f1464d54814685fdf4c06e6f", "header": "Date of rank", "nested": [], "links": [] }, { "text": "(c) Appointment authority \nAppointments under this section shall be made by the President, by and with the advice and consent of the Senate, except that appointments under this section in the grade of first lieutenant or captain shall be made by the President alone.", "id": "id38ab02c975324dd2ae0c66d5ce82a2ed", "header": "Appointment authority", "nested": [], "links": [] }, { "text": "(d) Authority To delay appointments for specified reasons \nThe provisions of subsection (d) of section 624 of this title shall apply to the appointment of an officer under this section in the same manner as they apply to an appointment of an officer under that section, and any reference in that subsection to an active-duty list shall be treated for purposes of applicability to an officer of the Space Force as referring to the Space Force officer list.", "id": "id0e126c1d403442d68d2f5c599e3c4221", "header": "Authority To delay appointments for specified reasons", "nested": [], "links": [] } ], "links": [] }, { "text": "20241. Persons not considered for promotion and other promotion-related provisions \nSubchapter III of chapter 36 of this title shall apply to officers of the Space Force.", "id": "idb9ef64b204ff44a1b5e5e99ea1769d2e", "header": "Persons not considered for promotion and other promotion-related provisions", "nested": [], "links": [] }, { "text": "20251. Applicability of certain DOPMA officer personnel policy provisions \nExcept as otherwise modified or provided for in this chapter, the following provisions of chapter 36 of this title (relating to promotion, separation, and involuntary retirement of officers on the active-duty list) shall apply to Space Force officers and officer promotions: (1) Subchapter I (relating to selection boards). (2) Subchapter II (relating to promotions). (3) Subchapter III (relating to failure of selection for promotion and retirement for years of service). (4) Subchapter IV (relating to continuation on active duty and selective early retirement). (5) Subchapter V (additional provisions relating to promotion, separation, and retirement). (6) Subchapter VI (relating to alternative promotion authority for officers in designated competitive categories).", "id": "idebb036be1ac2473c8d49923558a1bd25", "header": "Applicability of certain DOPMA officer personnel policy provisions", "nested": [], "links": [] }, { "text": "1817. Enlisted members \n(a) In general \nSubtitle F of title 10, United States Code, as amended by section 1716, is further amended by adding at the end the following new chapter: 2007 Enlisted members \nSec. 20301. Original enlistments: qualifications; grade. 20302. Enlisted members: term of enlistment. 20303. Reference to chapter 31. 20301. Original enlistments: qualifications; grade \n(a) Original enlistments \n(1) Authority to accept \nThe Secretary of the Air Force may accept original enlistments in the Space Force of qualified, effective, and able-bodied persons. (2) Age \nA person accepted for original enlistment shall be not less than seventeen years of age. However, no person under eighteen years of age may be originally enlisted without the written consent of the person’s parent or guardian, if the person has a parent or guardian entitled to the person’s custody and control. (b) Grade \nA person is enlisted in the Space Force in the grade prescribed by the Secretary of the Air Force. 20302. Enlisted members: term of enlistment \n(a) Term of original enlistments \nThe Secretary of the Air Force may accept original enlistments of persons for the duration of their minority or for a period of at least two but not more than eight years in the Space Force. (b) Term of reenlistments \nThe Secretary of the Air Force may accept a reenlistment in the Space Force for a period determined in accordance with paragraphs (2), (3), and (4) of section 505(d) of this title. 20303. Reference to chapter 31 \nFor other provisions of this title applicable to enlistments in the Space Force, see chapter 31 of this title.. (b) Amendments to title 10 chapter relating to enlistments \nChapter 31 of such title is amended as follows: (1) Recruiting campaigns \nSection 503(a) is amended by striking and Regular Coast Guard and inserting Regular Coast Guard, and the Space Force. (2) Qualifications, term, grade \nSection 505 is amended— (A) by striking Regular Space Force, each place it appears; and (B) by adding at the end the following new subsection: (e) For enlistments in the Space Force, see sections 20301 and 20302 of this title.. (3) Extension of enlistments during war \nSection 506 is amended by striking Regular before Space Force. (4) Reenlistment \nSection 508 is amended striking Regular before Space Force both places it appears. (5) Enlistment incentives for pursuit of skills to facilitate national service \nSection 510(c) is amended— (A) in paragraph (2), by inserting or the Space Force after Selected Reserve ; and (B) in paragraph (3)— (i) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (ii) by inserting after subparagraph (C) the following new subparagraph (D): (D) in the Space Force; ; and (iii) in subparagraph (F), as so redesignated, by striking subparagraphs (A) through (D) and inserting subparagraphs (A) through (E). (6) College first program \nSection 511(b)(1)(A) is amended by inserting or as a member of the Space Force, after reserve component,. (7) Delayed entry program \nSection 513(a) is amended— (A) by inserting, , or who is qualified under section 20301 of this title and applicable regulations for enlistment in the Space Force, after armed force ; and (B) by inserting , or be enlisted as a member of the Space Force, after Coast Guard Reserve. (8) Effect upon enlisted status of acceptance of appointment as cadet or midshipman \nSection 516(b) is amended by inserting or in the Space Force, after armed force.", "id": "id537d1694532742918585650d015883d1", "header": "Enlisted members", "nested": [ { "text": "(a) In general \nSubtitle F of title 10, United States Code, as amended by section 1716, is further amended by adding at the end the following new chapter: 2007 Enlisted members \nSec. 20301. Original enlistments: qualifications; grade. 20302. Enlisted members: term of enlistment. 20303. Reference to chapter 31. 20301. Original enlistments: qualifications; grade \n(a) Original enlistments \n(1) Authority to accept \nThe Secretary of the Air Force may accept original enlistments in the Space Force of qualified, effective, and able-bodied persons. (2) Age \nA person accepted for original enlistment shall be not less than seventeen years of age. However, no person under eighteen years of age may be originally enlisted without the written consent of the person’s parent or guardian, if the person has a parent or guardian entitled to the person’s custody and control. (b) Grade \nA person is enlisted in the Space Force in the grade prescribed by the Secretary of the Air Force. 20302. Enlisted members: term of enlistment \n(a) Term of original enlistments \nThe Secretary of the Air Force may accept original enlistments of persons for the duration of their minority or for a period of at least two but not more than eight years in the Space Force. (b) Term of reenlistments \nThe Secretary of the Air Force may accept a reenlistment in the Space Force for a period determined in accordance with paragraphs (2), (3), and (4) of section 505(d) of this title. 20303. Reference to chapter 31 \nFor other provisions of this title applicable to enlistments in the Space Force, see chapter 31 of this title..", "id": "ide2a25716a6964b43a2174734e2c1bb9d", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Amendments to title 10 chapter relating to enlistments \nChapter 31 of such title is amended as follows: (1) Recruiting campaigns \nSection 503(a) is amended by striking and Regular Coast Guard and inserting Regular Coast Guard, and the Space Force. (2) Qualifications, term, grade \nSection 505 is amended— (A) by striking Regular Space Force, each place it appears; and (B) by adding at the end the following new subsection: (e) For enlistments in the Space Force, see sections 20301 and 20302 of this title.. (3) Extension of enlistments during war \nSection 506 is amended by striking Regular before Space Force. (4) Reenlistment \nSection 508 is amended striking Regular before Space Force both places it appears. (5) Enlistment incentives for pursuit of skills to facilitate national service \nSection 510(c) is amended— (A) in paragraph (2), by inserting or the Space Force after Selected Reserve ; and (B) in paragraph (3)— (i) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (ii) by inserting after subparagraph (C) the following new subparagraph (D): (D) in the Space Force; ; and (iii) in subparagraph (F), as so redesignated, by striking subparagraphs (A) through (D) and inserting subparagraphs (A) through (E). (6) College first program \nSection 511(b)(1)(A) is amended by inserting or as a member of the Space Force, after reserve component,. (7) Delayed entry program \nSection 513(a) is amended— (A) by inserting, , or who is qualified under section 20301 of this title and applicable regulations for enlistment in the Space Force, after armed force ; and (B) by inserting , or be enlisted as a member of the Space Force, after Coast Guard Reserve. (8) Effect upon enlisted status of acceptance of appointment as cadet or midshipman \nSection 516(b) is amended by inserting or in the Space Force, after armed force.", "id": "idcd460e7c2c3148a980ac5b5fe54ab729", "header": "Amendments to title 10 chapter relating to enlistments", "nested": [], "links": [] } ], "links": [] }, { "text": "20301. Original enlistments: qualifications; grade \n(a) Original enlistments \n(1) Authority to accept \nThe Secretary of the Air Force may accept original enlistments in the Space Force of qualified, effective, and able-bodied persons. (2) Age \nA person accepted for original enlistment shall be not less than seventeen years of age. However, no person under eighteen years of age may be originally enlisted without the written consent of the person’s parent or guardian, if the person has a parent or guardian entitled to the person’s custody and control. (b) Grade \nA person is enlisted in the Space Force in the grade prescribed by the Secretary of the Air Force.", "id": "id0a847466ddbd49608c06e6794da22766", "header": "Original enlistments: qualifications; grade", "nested": [ { "text": "(a) Original enlistments \n(1) Authority to accept \nThe Secretary of the Air Force may accept original enlistments in the Space Force of qualified, effective, and able-bodied persons. (2) Age \nA person accepted for original enlistment shall be not less than seventeen years of age. However, no person under eighteen years of age may be originally enlisted without the written consent of the person’s parent or guardian, if the person has a parent or guardian entitled to the person’s custody and control.", "id": "ida10f46e2808a4147b91ccc5351d59e38", "header": "Original enlistments", "nested": [], "links": [] }, { "text": "(b) Grade \nA person is enlisted in the Space Force in the grade prescribed by the Secretary of the Air Force.", "id": "id60f5c5bdf4464e8295b56d9898da6af5", "header": "Grade", "nested": [], "links": [] } ], "links": [] }, { "text": "20302. Enlisted members: term of enlistment \n(a) Term of original enlistments \nThe Secretary of the Air Force may accept original enlistments of persons for the duration of their minority or for a period of at least two but not more than eight years in the Space Force. (b) Term of reenlistments \nThe Secretary of the Air Force may accept a reenlistment in the Space Force for a period determined in accordance with paragraphs (2), (3), and (4) of section 505(d) of this title.", "id": "idd89b31f37a71401ea9bc7ce0ebd60f18", "header": "Enlisted members: term of enlistment", "nested": [ { "text": "(a) Term of original enlistments \nThe Secretary of the Air Force may accept original enlistments of persons for the duration of their minority or for a period of at least two but not more than eight years in the Space Force.", "id": "ide399dc3fe03a4eb6aae519c85310dde0", "header": "Term of original enlistments", "nested": [], "links": [] }, { "text": "(b) Term of reenlistments \nThe Secretary of the Air Force may accept a reenlistment in the Space Force for a period determined in accordance with paragraphs (2), (3), and (4) of section 505(d) of this title.", "id": "idb6485772be1c41ba89952b616e2c0010", "header": "Term of reenlistments", "nested": [], "links": [] } ], "links": [] }, { "text": "20303. Reference to chapter 31 \nFor other provisions of this title applicable to enlistments in the Space Force, see chapter 31 of this title.", "id": "id4303d7574d3f412a8cef8cb607a8837d", "header": "Reference to chapter 31", "nested": [], "links": [] }, { "text": "1818. Retention and separation generally \n(a) In general \nSubtitle F of title 10, United States Code, as amended by section 1717, is further amended by adding at the end the following new chapter: 2009 Retention and separation generally \nSec. 20401. Applicability of certain provisions of law related to separation. 20402. Enlisted members: standards and qualifications for retention. 20403. Officers: standards and qualifications for retention. 20404. Selection of officers for early retirement or discharge. 20405. Force shaping authority. 20401. Applicability of certain provisions of law related to separation \n(a) Officer separation \nExcept as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to officers of a regular component shall apply to officers of the Space Force. (b) Enlisted member separation \nExcept as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to enlisted members of a regular component shall apply to enlisted members of the Space Force. (c) Separation pay upon involuntary discharge or release from active duty \nThe provisions of section 1174 of this title— (1) pertaining to a regular officer shall apply to a Space Force officer serving on sustained duty; (2) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and (3) pertaining to other members shall apply to members of the Space Force not serving on sustained duty. (d) Voluntary separation incentive \nThe provisions of section 1175 of this title pertaining to a voluntary appointment, enlistment, or transfer to a reserve component shall apply to the voluntary release from active duty of a member of the Space Force on sustained duty. (e) Voluntary separation pay and benefits \nThe provisions of section 1176 of this title— (1) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and (2) pertaining to a reserve enlisted member serving in an active status shall apply to an enlisted member of the Space Force serving in a Space Force active status or on sustained duty. 20402. Enlisted members: standards and qualifications for retention \n(a) Standards and qualifications for retention \nSubject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force shall, by regulation, prescribe— (1) standards and qualifications for the retention of enlisted members of the Space Force; and (2) equitable procedures for the periodic determination of the compliance of each such member with those standards and qualifications. (b) Effect of failure To comply with standards and qualifications \nIf an enlisted member serving in Space Force active status fails to comply with the standards and qualifications prescribed under subsection (a), the member shall— (1) if qualified, be transferred to Space Force inactive status; (2) if qualified, be retired in accordance with section 20603 of this title; or (3) have the member’s enlistment terminated. 20403. Officers: standards and qualifications for retention \n(a) Standards and qualifications \nTo be retained in an active status, a Space Force officer must— (1) in any applicable yearly period, attain the number of points specified under section 12732(a)(2) of this title; and (2) conform to such other standards and qualifications as the Secretary may prescribe for officers of the Space Force. (b) Result of failure To comply \nA Space Force officer who fails to attain the number of points prescribed under subsection (a)(1), or to conform to the standards and qualifications prescribed under subsection (a)(2), may be referred to a board convened under section 20501(a) of this title. 20404. Selection of officers for early retirement or discharge \n(a) Consideration for early retirement \nThe Secretary of the Air Force may convene selection boards under section 20211(b) of this title to consider for early retirement officers on the Space Force officer list as follows: (1) Officers in the grade of lieutenant colonel who have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion. (2) Officers in the grade of colonel who have served in that grade for at least two years and whose names are not on a list of officers recommended for promotion. (3) Officers, other than those described in paragraphs (1) and (2), holding a grade below the grade of colonel— (A) who are eligible for retirement under section 20601 of this title or who after two additional years or less of active service would be eligible for retirement under that section; and (B) whose names are not on a list of officers recommended for promotion. (b) Consideration for discharge \n(1) Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force may convene selection boards under section 20211 of this title to consider for discharge officers on the Space Force officer list— (A) who have served at least one year of active status in the grade currently held; (B) whose names are not on a list of officers recommended for promotion; and (C) who are not eligible to be retired under any provision of law (other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993 ( Public Law 102–484 )) and are not within two years of becoming so eligible. (2) An officer who is recommended for discharge by a selection board convened pursuant to the authority of paragraph (1) and whose discharge is approved by the Secretary of the Air Force shall be discharged on a date specified by the Secretary. (3) Selection of officers for discharge under paragraph (1) shall be based on the needs of the service. (c) Discharges and retirements considered To Be involuntary \nThe discharge or retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law. 20405. Force shaping authority \n(a) Authority \nThe Secretary of the Air Force may, solely for the purpose of restructuring the Space Force— (1) discharge an officer described in subsection (b); or (2) involuntarily release such an officer from sustained duty. (b) Covered officers \n(1) The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty who— (A) has completed not more than six years of service as a commissioned officer in the armed forces; or (B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed the minimum service obligation applicable to that officer. (2) In this subsection, the term minimum service obligation , with respect to a member of the Space Force, means the initial period of required active duty service applicable to the member, together with any additional period of required active duty service incurred by that member during the member’s initial period of required active duty service. (c) Regulations \nThe Secretary of the Air Force shall prescribe regulations for the exercise of the Secretary's authority under this section.. (b) Conforming amendments \nSection 647 of title 10, United States Code, is amended— (1) in subsection (b)(1), by inserting (other than an officer of the Space Force) after in the case of an officer ; (2) in subsection (c), by striking Regular Marine Corps, of Regular Space Force and inserting or Regular Marine Corps ; and (3) by adding at the end the following new subsection: (e) Space Force \nFor a similar provision with respect to officers of the Space Force, see section 20405 of this title..", "id": "ida94e8376968f4174969424633db14752", "header": "Retention and separation generally", "nested": [ { "text": "(a) In general \nSubtitle F of title 10, United States Code, as amended by section 1717, is further amended by adding at the end the following new chapter: 2009 Retention and separation generally \nSec. 20401. Applicability of certain provisions of law related to separation. 20402. Enlisted members: standards and qualifications for retention. 20403. Officers: standards and qualifications for retention. 20404. Selection of officers for early retirement or discharge. 20405. Force shaping authority. 20401. Applicability of certain provisions of law related to separation \n(a) Officer separation \nExcept as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to officers of a regular component shall apply to officers of the Space Force. (b) Enlisted member separation \nExcept as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to enlisted members of a regular component shall apply to enlisted members of the Space Force. (c) Separation pay upon involuntary discharge or release from active duty \nThe provisions of section 1174 of this title— (1) pertaining to a regular officer shall apply to a Space Force officer serving on sustained duty; (2) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and (3) pertaining to other members shall apply to members of the Space Force not serving on sustained duty. (d) Voluntary separation incentive \nThe provisions of section 1175 of this title pertaining to a voluntary appointment, enlistment, or transfer to a reserve component shall apply to the voluntary release from active duty of a member of the Space Force on sustained duty. (e) Voluntary separation pay and benefits \nThe provisions of section 1176 of this title— (1) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and (2) pertaining to a reserve enlisted member serving in an active status shall apply to an enlisted member of the Space Force serving in a Space Force active status or on sustained duty. 20402. Enlisted members: standards and qualifications for retention \n(a) Standards and qualifications for retention \nSubject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force shall, by regulation, prescribe— (1) standards and qualifications for the retention of enlisted members of the Space Force; and (2) equitable procedures for the periodic determination of the compliance of each such member with those standards and qualifications. (b) Effect of failure To comply with standards and qualifications \nIf an enlisted member serving in Space Force active status fails to comply with the standards and qualifications prescribed under subsection (a), the member shall— (1) if qualified, be transferred to Space Force inactive status; (2) if qualified, be retired in accordance with section 20603 of this title; or (3) have the member’s enlistment terminated. 20403. Officers: standards and qualifications for retention \n(a) Standards and qualifications \nTo be retained in an active status, a Space Force officer must— (1) in any applicable yearly period, attain the number of points specified under section 12732(a)(2) of this title; and (2) conform to such other standards and qualifications as the Secretary may prescribe for officers of the Space Force. (b) Result of failure To comply \nA Space Force officer who fails to attain the number of points prescribed under subsection (a)(1), or to conform to the standards and qualifications prescribed under subsection (a)(2), may be referred to a board convened under section 20501(a) of this title. 20404. Selection of officers for early retirement or discharge \n(a) Consideration for early retirement \nThe Secretary of the Air Force may convene selection boards under section 20211(b) of this title to consider for early retirement officers on the Space Force officer list as follows: (1) Officers in the grade of lieutenant colonel who have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion. (2) Officers in the grade of colonel who have served in that grade for at least two years and whose names are not on a list of officers recommended for promotion. (3) Officers, other than those described in paragraphs (1) and (2), holding a grade below the grade of colonel— (A) who are eligible for retirement under section 20601 of this title or who after two additional years or less of active service would be eligible for retirement under that section; and (B) whose names are not on a list of officers recommended for promotion. (b) Consideration for discharge \n(1) Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force may convene selection boards under section 20211 of this title to consider for discharge officers on the Space Force officer list— (A) who have served at least one year of active status in the grade currently held; (B) whose names are not on a list of officers recommended for promotion; and (C) who are not eligible to be retired under any provision of law (other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993 ( Public Law 102–484 )) and are not within two years of becoming so eligible. (2) An officer who is recommended for discharge by a selection board convened pursuant to the authority of paragraph (1) and whose discharge is approved by the Secretary of the Air Force shall be discharged on a date specified by the Secretary. (3) Selection of officers for discharge under paragraph (1) shall be based on the needs of the service. (c) Discharges and retirements considered To Be involuntary \nThe discharge or retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law. 20405. Force shaping authority \n(a) Authority \nThe Secretary of the Air Force may, solely for the purpose of restructuring the Space Force— (1) discharge an officer described in subsection (b); or (2) involuntarily release such an officer from sustained duty. (b) Covered officers \n(1) The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty who— (A) has completed not more than six years of service as a commissioned officer in the armed forces; or (B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed the minimum service obligation applicable to that officer. (2) In this subsection, the term minimum service obligation , with respect to a member of the Space Force, means the initial period of required active duty service applicable to the member, together with any additional period of required active duty service incurred by that member during the member’s initial period of required active duty service. (c) Regulations \nThe Secretary of the Air Force shall prescribe regulations for the exercise of the Secretary's authority under this section..", "id": "id8430bddb9f554a0ba5465c2d4bf2cb5b", "header": "In general", "nested": [], "links": [ { "text": "Public Law 102–484", "legal-doc": "public-law", "parsable-cite": "pl/102/484" } ] }, { "text": "(b) Conforming amendments \nSection 647 of title 10, United States Code, is amended— (1) in subsection (b)(1), by inserting (other than an officer of the Space Force) after in the case of an officer ; (2) in subsection (c), by striking Regular Marine Corps, of Regular Space Force and inserting or Regular Marine Corps ; and (3) by adding at the end the following new subsection: (e) Space Force \nFor a similar provision with respect to officers of the Space Force, see section 20405 of this title..", "id": "id9ee1e8ec08354fbebf81c3969237d3a7", "header": "Conforming amendments", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 102–484", "legal-doc": "public-law", "parsable-cite": "pl/102/484" } ] }, { "text": "20401. Applicability of certain provisions of law related to separation \n(a) Officer separation \nExcept as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to officers of a regular component shall apply to officers of the Space Force. (b) Enlisted member separation \nExcept as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to enlisted members of a regular component shall apply to enlisted members of the Space Force. (c) Separation pay upon involuntary discharge or release from active duty \nThe provisions of section 1174 of this title— (1) pertaining to a regular officer shall apply to a Space Force officer serving on sustained duty; (2) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and (3) pertaining to other members shall apply to members of the Space Force not serving on sustained duty. (d) Voluntary separation incentive \nThe provisions of section 1175 of this title pertaining to a voluntary appointment, enlistment, or transfer to a reserve component shall apply to the voluntary release from active duty of a member of the Space Force on sustained duty. (e) Voluntary separation pay and benefits \nThe provisions of section 1176 of this title— (1) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and (2) pertaining to a reserve enlisted member serving in an active status shall apply to an enlisted member of the Space Force serving in a Space Force active status or on sustained duty.", "id": "id4cc123815c464c8787e1bf64490c36d6", "header": "Applicability of certain provisions of law related to separation", "nested": [ { "text": "(a) Officer separation \nExcept as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to officers of a regular component shall apply to officers of the Space Force.", "id": "idb79459ac25b5402bab10ea47d58b8534", "header": "Officer separation", "nested": [], "links": [] }, { "text": "(b) Enlisted member separation \nExcept as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to enlisted members of a regular component shall apply to enlisted members of the Space Force.", "id": "id5163d95cac2c48f092cfc849cdf80334", "header": "Enlisted member separation", "nested": [], "links": [] }, { "text": "(c) Separation pay upon involuntary discharge or release from active duty \nThe provisions of section 1174 of this title— (1) pertaining to a regular officer shall apply to a Space Force officer serving on sustained duty; (2) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and (3) pertaining to other members shall apply to members of the Space Force not serving on sustained duty.", "id": "idcef803e70bfc4dc89963924d9862cdcb", "header": "Separation pay upon involuntary discharge or release from active duty", "nested": [], "links": [] }, { "text": "(d) Voluntary separation incentive \nThe provisions of section 1175 of this title pertaining to a voluntary appointment, enlistment, or transfer to a reserve component shall apply to the voluntary release from active duty of a member of the Space Force on sustained duty.", "id": "id2fec94a7a08e42ce9fb05554a1976355", "header": "Voluntary separation incentive", "nested": [], "links": [] }, { "text": "(e) Voluntary separation pay and benefits \nThe provisions of section 1176 of this title— (1) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and (2) pertaining to a reserve enlisted member serving in an active status shall apply to an enlisted member of the Space Force serving in a Space Force active status or on sustained duty.", "id": "id96333182d818452e9c76ce22a45e00c4", "header": "Voluntary separation pay and benefits", "nested": [], "links": [] } ], "links": [] }, { "text": "20402. Enlisted members: standards and qualifications for retention \n(a) Standards and qualifications for retention \nSubject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force shall, by regulation, prescribe— (1) standards and qualifications for the retention of enlisted members of the Space Force; and (2) equitable procedures for the periodic determination of the compliance of each such member with those standards and qualifications. (b) Effect of failure To comply with standards and qualifications \nIf an enlisted member serving in Space Force active status fails to comply with the standards and qualifications prescribed under subsection (a), the member shall— (1) if qualified, be transferred to Space Force inactive status; (2) if qualified, be retired in accordance with section 20603 of this title; or (3) have the member’s enlistment terminated.", "id": "id5fa7ee88284d49d8b5570d7ca7a4fa19", "header": "Enlisted members: standards and qualifications for retention", "nested": [ { "text": "(a) Standards and qualifications for retention \nSubject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force shall, by regulation, prescribe— (1) standards and qualifications for the retention of enlisted members of the Space Force; and (2) equitable procedures for the periodic determination of the compliance of each such member with those standards and qualifications.", "id": "id7372d16470ee421eb067522fd33adccc", "header": "Standards and qualifications for retention", "nested": [], "links": [] }, { "text": "(b) Effect of failure To comply with standards and qualifications \nIf an enlisted member serving in Space Force active status fails to comply with the standards and qualifications prescribed under subsection (a), the member shall— (1) if qualified, be transferred to Space Force inactive status; (2) if qualified, be retired in accordance with section 20603 of this title; or (3) have the member’s enlistment terminated.", "id": "id7ec8181863df46eda2b2b0b839111e8f", "header": "Effect of failure To comply with standards and qualifications", "nested": [], "links": [] } ], "links": [] }, { "text": "20403. Officers: standards and qualifications for retention \n(a) Standards and qualifications \nTo be retained in an active status, a Space Force officer must— (1) in any applicable yearly period, attain the number of points specified under section 12732(a)(2) of this title; and (2) conform to such other standards and qualifications as the Secretary may prescribe for officers of the Space Force. (b) Result of failure To comply \nA Space Force officer who fails to attain the number of points prescribed under subsection (a)(1), or to conform to the standards and qualifications prescribed under subsection (a)(2), may be referred to a board convened under section 20501(a) of this title.", "id": "id9faf091d33a3485ea0aaecdac5170366", "header": "Officers: standards and qualifications for retention", "nested": [ { "text": "(a) Standards and qualifications \nTo be retained in an active status, a Space Force officer must— (1) in any applicable yearly period, attain the number of points specified under section 12732(a)(2) of this title; and (2) conform to such other standards and qualifications as the Secretary may prescribe for officers of the Space Force.", "id": "id445c6bc5e41146b78eaa407e0d5c99b8", "header": "Standards and qualifications", "nested": [], "links": [] }, { "text": "(b) Result of failure To comply \nA Space Force officer who fails to attain the number of points prescribed under subsection (a)(1), or to conform to the standards and qualifications prescribed under subsection (a)(2), may be referred to a board convened under section 20501(a) of this title.", "id": "idd4f28a521def4c55871439b470749945", "header": "Result of failure To comply", "nested": [], "links": [] } ], "links": [] }, { "text": "20404. Selection of officers for early retirement or discharge \n(a) Consideration for early retirement \nThe Secretary of the Air Force may convene selection boards under section 20211(b) of this title to consider for early retirement officers on the Space Force officer list as follows: (1) Officers in the grade of lieutenant colonel who have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion. (2) Officers in the grade of colonel who have served in that grade for at least two years and whose names are not on a list of officers recommended for promotion. (3) Officers, other than those described in paragraphs (1) and (2), holding a grade below the grade of colonel— (A) who are eligible for retirement under section 20601 of this title or who after two additional years or less of active service would be eligible for retirement under that section; and (B) whose names are not on a list of officers recommended for promotion. (b) Consideration for discharge \n(1) Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force may convene selection boards under section 20211 of this title to consider for discharge officers on the Space Force officer list— (A) who have served at least one year of active status in the grade currently held; (B) whose names are not on a list of officers recommended for promotion; and (C) who are not eligible to be retired under any provision of law (other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993 ( Public Law 102–484 )) and are not within two years of becoming so eligible. (2) An officer who is recommended for discharge by a selection board convened pursuant to the authority of paragraph (1) and whose discharge is approved by the Secretary of the Air Force shall be discharged on a date specified by the Secretary. (3) Selection of officers for discharge under paragraph (1) shall be based on the needs of the service. (c) Discharges and retirements considered To Be involuntary \nThe discharge or retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law.", "id": "idb341d794926047cda85d451614e43217", "header": "Selection of officers for early retirement or discharge", "nested": [ { "text": "(a) Consideration for early retirement \nThe Secretary of the Air Force may convene selection boards under section 20211(b) of this title to consider for early retirement officers on the Space Force officer list as follows: (1) Officers in the grade of lieutenant colonel who have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion. (2) Officers in the grade of colonel who have served in that grade for at least two years and whose names are not on a list of officers recommended for promotion. (3) Officers, other than those described in paragraphs (1) and (2), holding a grade below the grade of colonel— (A) who are eligible for retirement under section 20601 of this title or who after two additional years or less of active service would be eligible for retirement under that section; and (B) whose names are not on a list of officers recommended for promotion.", "id": "id4b6ca5d1669048b8862e35665adeff10", "header": "Consideration for early retirement", "nested": [], "links": [] }, { "text": "(b) Consideration for discharge \n(1) Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force may convene selection boards under section 20211 of this title to consider for discharge officers on the Space Force officer list— (A) who have served at least one year of active status in the grade currently held; (B) whose names are not on a list of officers recommended for promotion; and (C) who are not eligible to be retired under any provision of law (other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993 ( Public Law 102–484 )) and are not within two years of becoming so eligible. (2) An officer who is recommended for discharge by a selection board convened pursuant to the authority of paragraph (1) and whose discharge is approved by the Secretary of the Air Force shall be discharged on a date specified by the Secretary. (3) Selection of officers for discharge under paragraph (1) shall be based on the needs of the service.", "id": "idc714fc7ff1454ffa97431d1bb1cad645", "header": "Consideration for discharge", "nested": [], "links": [ { "text": "Public Law 102–484", "legal-doc": "public-law", "parsable-cite": "pl/102/484" } ] }, { "text": "(c) Discharges and retirements considered To Be involuntary \nThe discharge or retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law.", "id": "id547e6db088aa43d6883223e51b799d90", "header": "Discharges and retirements considered To Be involuntary", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 102–484", "legal-doc": "public-law", "parsable-cite": "pl/102/484" } ] }, { "text": "20405. Force shaping authority \n(a) Authority \nThe Secretary of the Air Force may, solely for the purpose of restructuring the Space Force— (1) discharge an officer described in subsection (b); or (2) involuntarily release such an officer from sustained duty. (b) Covered officers \n(1) The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty who— (A) has completed not more than six years of service as a commissioned officer in the armed forces; or (B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed the minimum service obligation applicable to that officer. (2) In this subsection, the term minimum service obligation , with respect to a member of the Space Force, means the initial period of required active duty service applicable to the member, together with any additional period of required active duty service incurred by that member during the member’s initial period of required active duty service. (c) Regulations \nThe Secretary of the Air Force shall prescribe regulations for the exercise of the Secretary's authority under this section.", "id": "id1715a0068f7f42b5863c74c7147a85fc", "header": "Force shaping authority", "nested": [ { "text": "(a) Authority \nThe Secretary of the Air Force may, solely for the purpose of restructuring the Space Force— (1) discharge an officer described in subsection (b); or (2) involuntarily release such an officer from sustained duty.", "id": "idea3a3313bf2a4d7ab930ef508e1687ec", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Covered officers \n(1) The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty who— (A) has completed not more than six years of service as a commissioned officer in the armed forces; or (B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed the minimum service obligation applicable to that officer. (2) In this subsection, the term minimum service obligation , with respect to a member of the Space Force, means the initial period of required active duty service applicable to the member, together with any additional period of required active duty service incurred by that member during the member’s initial period of required active duty service.", "id": "idbfc4d11a3e1141fd9172f69b990aa614", "header": "Covered officers", "nested": [], "links": [] }, { "text": "(c) Regulations \nThe Secretary of the Air Force shall prescribe regulations for the exercise of the Secretary's authority under this section.", "id": "idb1b77c3babb94629bbee349eead4522f", "header": "Regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "1819. Separation of officers for substandard performance of duty or for certain other reasons \nSubtitle F of title 10, United States Code, as amended by section 1718, is further amended by adding at the end the following new chapter: 2011 Separation of officers for substandard performance of duty or for certain other reasons \nSec. 20501. Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons. 20502. Retention boards. 20503. Removal of officer: action by secretary upon recommendation of retention board. 20504. Rights and procedures. 20505. Officer considered for removal: voluntary retirement or discharge. 20506. Officers eligible to serve on retention boards. 20501. Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons \n(a) Procedures for review of record of officers relating to standards of performance of duty \n(1) The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a Space Force active status to determine whether the officer shall be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a Space Force active status. (2) The reasons referred to in paragraph (1) are the following: (A) The officer’s performance of duty has fallen below standards prescribed by the Secretary of Defense. (B) The officer has failed to satisfy the standards and qualifications established under section 20403 of this title by the Secretary of the Air Force. (b) Procedures for review of record of officers relating to certain other reasons \n(1) The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a Space Force active status to determine whether the officer should be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a Space Force active status. (2) The reasons referred to in paragraph (1) are the following: (A) Misconduct. (B) Moral or professional dereliction. (C) The officer’s retention is not clearly consistent with the interests of national security. (c) Secretary of defense limitations \nRegulations prescribed by the Secretary of the Air Force under this section are subject to such limitations as the Secretary of Defense may prescribe. 20502. Retention boards \n(a) Convening of boards To consider officers required To show cause \nThe Secretary of the Air Force shall convene retention boards at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is required under section 20501 of this title to show cause for retention in a Space Force active status should be retained in a Space Force active status. Each retention board shall be composed of not less than three officers having the qualifications prescribed by section 20506 of this title. (b) Fair and impartial hearing \nA retention board shall give a fair and impartial hearing to each officer required under section 20501 of this title to show cause for retention in a Space Force active status. (c) Effect of board determination that an officer has failed To establish that the officer should be retained \n(1) If a retention board determines that the officer has failed to establish that the officer should be retained in a Space Force active status, the board shall recommend to the Secretary of the Air Force one of the following: (A) That the officer be transferred to an inactive status. (B) That the officer, if qualified under any provision of law, be retired. (C) That the officer be discharged from the Space Force. (2) Under regulations prescribed by the Secretary of the Air Force, an officer as to whom a retention board makes a recommendation under paragraph (1) that the officer not be retained in a Space Force active status may be required to take leave pending the completion of the officer's case under this chapter. The officer may be required to begin such leave at any time following the officer's receipt of the report of the retention board, including the board's recommendation for removal from a Space Force active status, and the expiration of any period allowed for submission by the officer of a rebuttal to that report. The leave may be continued until the date on which action by the Secretary of the Air Force on the officer's case is completed or may be terminated at any earlier time. (d) Effect of board determination that an officer has established that the officer should be retained \n(1) If a retention board determines that the officer has established that the officer should be retained in a Space Force active status, the officer's case is closed. (2) An officer who is required to show cause for retention in a Space Force active status under subsection (a) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a Space Force active status may not again be required to show cause for retention in a Space Force active status under such subsection within the one-year period beginning on the date of that determination. (3) (A) Subject to subparagraph (B), an officer who is required to show cause for retention in a Space Force active status under subsection (b) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a Space Force active status may again be required to show cause for retention at any time. (B) An officer who has been required to show cause for retention in a Space Force active status under subsection (b) of section 20501 of this title and who is thereafter retained in an active status may not again be required to show cause for retention in a Space Force active status under such subsection solely because of conduct which was the subject of the previous proceedings, unless the findings or recommendations of the retention board that considered the officer’s previous case are determined to have been obtained by fraud or collusion. (4) In the case of an officer described in paragraph (2) or paragraph (3)(A), the retention board may recommend that the officer be required to complete additional training, professional education, or such other developmental programs as may be available to correct any identified deficiencies and improve the officer’s performance within the Space Force. 20503. Removal of officer: action by Secretary upon recommendation of retention board \nThe Secretary of the Air Force may remove an officer from Space Force active status if the removal of such officer from Space Force active status is recommended by a retention board convened under section 20502 of this title. 20504. Rights and procedures \n(a) In general \nUnder regulations prescribed by the Secretary of the Air Force, each officer required under section 20501 of this title to show cause for retention in a Space Force active status— (1) shall be notified in writing, at least 30 days before the hearing of the officer’s case by a retention board, of the reasons for which the officer is being required to show cause for retention in a Space Force active status; (2) shall be allowed a reasonable time, as determined by the board, to prepare the officer’s showing of cause for retention in a Space Force active status; (3) shall be allowed to appear either in person or through electronic means and to be represented by counsel at proceedings before the board; and (4) shall be allowed full access to, and shall be furnished copies of, records relevant to the officer’s case, except that the board shall withhold any record that the Secretary determines should be withheld in the interest of national security. (b) Summary of records withheld in interest of national security \nWhen a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld. 20505. Officer considered for removal: voluntary retirement or discharge \n(a) In general \nAt any time during proceedings under this chapter with respect to the removal of an officer from a Space Force active status, the Secretary of the Air Force may grant a request by the officer— (1) for voluntary retirement, if the officer is qualified for retirement; or (2) for discharge in accordance with subsection (b)(2). (b) Retirement or discharge \nAn officer removed from a Space Force active status under section 20503 of this title shall— (1) if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which the officer would be eligible if retired under such provision; and (2) if ineligible for voluntary retirement under any provision of law on the date of such removal— (A) be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of section 20501 of this title; or (B) be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 20501 of this title. (c) Separation pay for discharged officer \nAn officer who is discharged under subsection (b)(2) is entitled, if eligible therefor, to separation pay under section 1174(a)(2) of this title. 20506. Officers eligible to serve on retention boards \n(a) In general \nThe provisions of section 1187 of this title apply to the membership of boards convened under this chapter in the same manner as to the membership of boards convened under chapter 60 of this title. (b) Retired air force officers \n(1) Authority \nIn applying subsection (b) of section 1187 of this title to a board convened under this chapter, the Secretary of the Air Force may appoint retired officers of the Air Force, in addition to retired officers of the Space Force, to complete the membership of the board. (2) Limitation \nA retired officer of the Air Force may be appointed to a board under paragraph (1) only if the officer served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force..", "id": "idcb09f357b4bb4ab2adb82c859f8e49ea", "header": "Separation of officers for substandard performance of duty or for certain other reasons", "nested": [], "links": [ { "text": "section 20403", "legal-doc": "usc", "parsable-cite": "usc/26/20403" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20506", "legal-doc": "usc", "parsable-cite": "usc/26/20506" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20502", "legal-doc": "usc", "parsable-cite": "usc/26/20502" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20503", "legal-doc": "usc", "parsable-cite": "usc/26/20503" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 1174(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/1174" }, { "text": "section 1187", "legal-doc": "usc", "parsable-cite": "usc/26/1187" }, { "text": "chapter 60", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/60" }, { "text": "section 1187", "legal-doc": "usc", "parsable-cite": "usc/26/1187" } ] }, { "text": "20501. Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons \n(a) Procedures for review of record of officers relating to standards of performance of duty \n(1) The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a Space Force active status to determine whether the officer shall be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a Space Force active status. (2) The reasons referred to in paragraph (1) are the following: (A) The officer’s performance of duty has fallen below standards prescribed by the Secretary of Defense. (B) The officer has failed to satisfy the standards and qualifications established under section 20403 of this title by the Secretary of the Air Force. (b) Procedures for review of record of officers relating to certain other reasons \n(1) The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a Space Force active status to determine whether the officer should be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a Space Force active status. (2) The reasons referred to in paragraph (1) are the following: (A) Misconduct. (B) Moral or professional dereliction. (C) The officer’s retention is not clearly consistent with the interests of national security. (c) Secretary of defense limitations \nRegulations prescribed by the Secretary of the Air Force under this section are subject to such limitations as the Secretary of Defense may prescribe.", "id": "id09ba0a2526224933952b53bfdfc6da0f", "header": "Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons", "nested": [ { "text": "(a) Procedures for review of record of officers relating to standards of performance of duty \n(1) The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a Space Force active status to determine whether the officer shall be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a Space Force active status. (2) The reasons referred to in paragraph (1) are the following: (A) The officer’s performance of duty has fallen below standards prescribed by the Secretary of Defense. (B) The officer has failed to satisfy the standards and qualifications established under section 20403 of this title by the Secretary of the Air Force.", "id": "id7ff1c928b9f44c7d81d44220f12d2acd", "header": "Procedures for review of record of officers relating to standards of performance of duty", "nested": [], "links": [ { "text": "section 20403", "legal-doc": "usc", "parsable-cite": "usc/26/20403" } ] }, { "text": "(b) Procedures for review of record of officers relating to certain other reasons \n(1) The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a Space Force active status to determine whether the officer should be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a Space Force active status. (2) The reasons referred to in paragraph (1) are the following: (A) Misconduct. (B) Moral or professional dereliction. (C) The officer’s retention is not clearly consistent with the interests of national security.", "id": "id294a7e6e678d4a90b85fb1bc0c9fd298", "header": "Procedures for review of record of officers relating to certain other reasons", "nested": [], "links": [] }, { "text": "(c) Secretary of defense limitations \nRegulations prescribed by the Secretary of the Air Force under this section are subject to such limitations as the Secretary of Defense may prescribe.", "id": "id97dbfcec25a84029abbae06c6ced3f8b", "header": "Secretary of defense limitations", "nested": [], "links": [] } ], "links": [ { "text": "section 20403", "legal-doc": "usc", "parsable-cite": "usc/26/20403" } ] }, { "text": "20502. Retention boards \n(a) Convening of boards To consider officers required To show cause \nThe Secretary of the Air Force shall convene retention boards at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is required under section 20501 of this title to show cause for retention in a Space Force active status should be retained in a Space Force active status. Each retention board shall be composed of not less than three officers having the qualifications prescribed by section 20506 of this title. (b) Fair and impartial hearing \nA retention board shall give a fair and impartial hearing to each officer required under section 20501 of this title to show cause for retention in a Space Force active status. (c) Effect of board determination that an officer has failed To establish that the officer should be retained \n(1) If a retention board determines that the officer has failed to establish that the officer should be retained in a Space Force active status, the board shall recommend to the Secretary of the Air Force one of the following: (A) That the officer be transferred to an inactive status. (B) That the officer, if qualified under any provision of law, be retired. (C) That the officer be discharged from the Space Force. (2) Under regulations prescribed by the Secretary of the Air Force, an officer as to whom a retention board makes a recommendation under paragraph (1) that the officer not be retained in a Space Force active status may be required to take leave pending the completion of the officer's case under this chapter. The officer may be required to begin such leave at any time following the officer's receipt of the report of the retention board, including the board's recommendation for removal from a Space Force active status, and the expiration of any period allowed for submission by the officer of a rebuttal to that report. The leave may be continued until the date on which action by the Secretary of the Air Force on the officer's case is completed or may be terminated at any earlier time. (d) Effect of board determination that an officer has established that the officer should be retained \n(1) If a retention board determines that the officer has established that the officer should be retained in a Space Force active status, the officer's case is closed. (2) An officer who is required to show cause for retention in a Space Force active status under subsection (a) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a Space Force active status may not again be required to show cause for retention in a Space Force active status under such subsection within the one-year period beginning on the date of that determination. (3) (A) Subject to subparagraph (B), an officer who is required to show cause for retention in a Space Force active status under subsection (b) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a Space Force active status may again be required to show cause for retention at any time. (B) An officer who has been required to show cause for retention in a Space Force active status under subsection (b) of section 20501 of this title and who is thereafter retained in an active status may not again be required to show cause for retention in a Space Force active status under such subsection solely because of conduct which was the subject of the previous proceedings, unless the findings or recommendations of the retention board that considered the officer’s previous case are determined to have been obtained by fraud or collusion. (4) In the case of an officer described in paragraph (2) or paragraph (3)(A), the retention board may recommend that the officer be required to complete additional training, professional education, or such other developmental programs as may be available to correct any identified deficiencies and improve the officer’s performance within the Space Force.", "id": "id529efd771a654b439bfb375dfa17844d", "header": "Retention boards", "nested": [ { "text": "(a) Convening of boards To consider officers required To show cause \nThe Secretary of the Air Force shall convene retention boards at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is required under section 20501 of this title to show cause for retention in a Space Force active status should be retained in a Space Force active status. Each retention board shall be composed of not less than three officers having the qualifications prescribed by section 20506 of this title.", "id": "id9f556ee1fb074c9f8ca32141c5c2769d", "header": "Convening of boards To consider officers required To show cause", "nested": [], "links": [ { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20506", "legal-doc": "usc", "parsable-cite": "usc/26/20506" } ] }, { "text": "(b) Fair and impartial hearing \nA retention board shall give a fair and impartial hearing to each officer required under section 20501 of this title to show cause for retention in a Space Force active status.", "id": "id9792806ff095470eae91e9ab24ccc06d", "header": "Fair and impartial hearing", "nested": [], "links": [ { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" } ] }, { "text": "(c) Effect of board determination that an officer has failed To establish that the officer should be retained \n(1) If a retention board determines that the officer has failed to establish that the officer should be retained in a Space Force active status, the board shall recommend to the Secretary of the Air Force one of the following: (A) That the officer be transferred to an inactive status. (B) That the officer, if qualified under any provision of law, be retired. (C) That the officer be discharged from the Space Force. (2) Under regulations prescribed by the Secretary of the Air Force, an officer as to whom a retention board makes a recommendation under paragraph (1) that the officer not be retained in a Space Force active status may be required to take leave pending the completion of the officer's case under this chapter. The officer may be required to begin such leave at any time following the officer's receipt of the report of the retention board, including the board's recommendation for removal from a Space Force active status, and the expiration of any period allowed for submission by the officer of a rebuttal to that report. The leave may be continued until the date on which action by the Secretary of the Air Force on the officer's case is completed or may be terminated at any earlier time.", "id": "id74d3a790a02a4b5aa9498661dad2f0b8", "header": "Effect of board determination that an officer has failed To establish that the officer should be retained", "nested": [], "links": [] }, { "text": "(d) Effect of board determination that an officer has established that the officer should be retained \n(1) If a retention board determines that the officer has established that the officer should be retained in a Space Force active status, the officer's case is closed. (2) An officer who is required to show cause for retention in a Space Force active status under subsection (a) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a Space Force active status may not again be required to show cause for retention in a Space Force active status under such subsection within the one-year period beginning on the date of that determination. (3) (A) Subject to subparagraph (B), an officer who is required to show cause for retention in a Space Force active status under subsection (b) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a Space Force active status may again be required to show cause for retention at any time. (B) An officer who has been required to show cause for retention in a Space Force active status under subsection (b) of section 20501 of this title and who is thereafter retained in an active status may not again be required to show cause for retention in a Space Force active status under such subsection solely because of conduct which was the subject of the previous proceedings, unless the findings or recommendations of the retention board that considered the officer’s previous case are determined to have been obtained by fraud or collusion. (4) In the case of an officer described in paragraph (2) or paragraph (3)(A), the retention board may recommend that the officer be required to complete additional training, professional education, or such other developmental programs as may be available to correct any identified deficiencies and improve the officer’s performance within the Space Force.", "id": "idc078b74c48f142df9a46af0e1e621c1a", "header": "Effect of board determination that an officer has established that the officer should be retained", "nested": [], "links": [ { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" } ] } ], "links": [ { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20506", "legal-doc": "usc", "parsable-cite": "usc/26/20506" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" } ] }, { "text": "20503. Removal of officer: action by Secretary upon recommendation of retention board \nThe Secretary of the Air Force may remove an officer from Space Force active status if the removal of such officer from Space Force active status is recommended by a retention board convened under section 20502 of this title.", "id": "id5e390201183740ad8eacf3ba5acd96d7", "header": "Removal of officer: action by Secretary upon recommendation of retention board", "nested": [], "links": [ { "text": "section 20502", "legal-doc": "usc", "parsable-cite": "usc/26/20502" } ] }, { "text": "20504. Rights and procedures \n(a) In general \nUnder regulations prescribed by the Secretary of the Air Force, each officer required under section 20501 of this title to show cause for retention in a Space Force active status— (1) shall be notified in writing, at least 30 days before the hearing of the officer’s case by a retention board, of the reasons for which the officer is being required to show cause for retention in a Space Force active status; (2) shall be allowed a reasonable time, as determined by the board, to prepare the officer’s showing of cause for retention in a Space Force active status; (3) shall be allowed to appear either in person or through electronic means and to be represented by counsel at proceedings before the board; and (4) shall be allowed full access to, and shall be furnished copies of, records relevant to the officer’s case, except that the board shall withhold any record that the Secretary determines should be withheld in the interest of national security. (b) Summary of records withheld in interest of national security \nWhen a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld.", "id": "idecb658911f6b408a9f95fc5492bdab74", "header": "Rights and procedures", "nested": [ { "text": "(a) In general \nUnder regulations prescribed by the Secretary of the Air Force, each officer required under section 20501 of this title to show cause for retention in a Space Force active status— (1) shall be notified in writing, at least 30 days before the hearing of the officer’s case by a retention board, of the reasons for which the officer is being required to show cause for retention in a Space Force active status; (2) shall be allowed a reasonable time, as determined by the board, to prepare the officer’s showing of cause for retention in a Space Force active status; (3) shall be allowed to appear either in person or through electronic means and to be represented by counsel at proceedings before the board; and (4) shall be allowed full access to, and shall be furnished copies of, records relevant to the officer’s case, except that the board shall withhold any record that the Secretary determines should be withheld in the interest of national security.", "id": "id7debf73513d24bd1a858878350ffd0bd", "header": "In general", "nested": [], "links": [ { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" } ] }, { "text": "(b) Summary of records withheld in interest of national security \nWhen a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld.", "id": "id574ae2c2c06f4ecd8b621c806bd8aca9", "header": "Summary of records withheld in interest of national security", "nested": [], "links": [] } ], "links": [ { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" } ] }, { "text": "20505. Officer considered for removal: voluntary retirement or discharge \n(a) In general \nAt any time during proceedings under this chapter with respect to the removal of an officer from a Space Force active status, the Secretary of the Air Force may grant a request by the officer— (1) for voluntary retirement, if the officer is qualified for retirement; or (2) for discharge in accordance with subsection (b)(2). (b) Retirement or discharge \nAn officer removed from a Space Force active status under section 20503 of this title shall— (1) if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which the officer would be eligible if retired under such provision; and (2) if ineligible for voluntary retirement under any provision of law on the date of such removal— (A) be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of section 20501 of this title; or (B) be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 20501 of this title. (c) Separation pay for discharged officer \nAn officer who is discharged under subsection (b)(2) is entitled, if eligible therefor, to separation pay under section 1174(a)(2) of this title.", "id": "idde4e013a79fc48c8946fc347557bc19a", "header": "Officer considered for removal: voluntary retirement or discharge", "nested": [ { "text": "(a) In general \nAt any time during proceedings under this chapter with respect to the removal of an officer from a Space Force active status, the Secretary of the Air Force may grant a request by the officer— (1) for voluntary retirement, if the officer is qualified for retirement; or (2) for discharge in accordance with subsection (b)(2).", "id": "idb1608f8849b3466e9dc9c3fe25abf6c4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Retirement or discharge \nAn officer removed from a Space Force active status under section 20503 of this title shall— (1) if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which the officer would be eligible if retired under such provision; and (2) if ineligible for voluntary retirement under any provision of law on the date of such removal— (A) be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of section 20501 of this title; or (B) be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 20501 of this title.", "id": "idcb50f4d299e9432d99aa9cffba5c93a0", "header": "Retirement or discharge", "nested": [], "links": [ { "text": "section 20503", "legal-doc": "usc", "parsable-cite": "usc/26/20503" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" } ] }, { "text": "(c) Separation pay for discharged officer \nAn officer who is discharged under subsection (b)(2) is entitled, if eligible therefor, to separation pay under section 1174(a)(2) of this title.", "id": "id1bf0903598cc409793c75d2679367ed3", "header": "Separation pay for discharged officer", "nested": [], "links": [ { "text": "section 1174(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/1174" } ] } ], "links": [ { "text": "section 20503", "legal-doc": "usc", "parsable-cite": "usc/26/20503" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 20501", "legal-doc": "usc", "parsable-cite": "usc/26/20501" }, { "text": "section 1174(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/1174" } ] }, { "text": "20506. Officers eligible to serve on retention boards \n(a) In general \nThe provisions of section 1187 of this title apply to the membership of boards convened under this chapter in the same manner as to the membership of boards convened under chapter 60 of this title. (b) Retired air force officers \n(1) Authority \nIn applying subsection (b) of section 1187 of this title to a board convened under this chapter, the Secretary of the Air Force may appoint retired officers of the Air Force, in addition to retired officers of the Space Force, to complete the membership of the board. (2) Limitation \nA retired officer of the Air Force may be appointed to a board under paragraph (1) only if the officer served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force.", "id": "id4bf3b6691e584f6ca4b7aef90b733d36", "header": "Officers eligible to serve on retention boards", "nested": [ { "text": "(a) In general \nThe provisions of section 1187 of this title apply to the membership of boards convened under this chapter in the same manner as to the membership of boards convened under chapter 60 of this title.", "id": "id5206fb714d6c409482a612dbf494ccbe", "header": "In general", "nested": [], "links": [ { "text": "section 1187", "legal-doc": "usc", "parsable-cite": "usc/26/1187" }, { "text": "chapter 60", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/60" } ] }, { "text": "(b) Retired air force officers \n(1) Authority \nIn applying subsection (b) of section 1187 of this title to a board convened under this chapter, the Secretary of the Air Force may appoint retired officers of the Air Force, in addition to retired officers of the Space Force, to complete the membership of the board. (2) Limitation \nA retired officer of the Air Force may be appointed to a board under paragraph (1) only if the officer served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force.", "id": "ided28758d0b2445aeb7f69340c7e849fb", "header": "Retired air force officers", "nested": [], "links": [ { "text": "section 1187", "legal-doc": "usc", "parsable-cite": "usc/26/1187" } ] } ], "links": [ { "text": "section 1187", "legal-doc": "usc", "parsable-cite": "usc/26/1187" }, { "text": "chapter 60", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/60" }, { "text": "section 1187", "legal-doc": "usc", "parsable-cite": "usc/26/1187" } ] }, { "text": "1820. Retirement \n(a) In general \nSubtitle F of title 10, United States Code, as amended by section 1719, is further amended by adding at the end the following new chapter: 2013 Voluntary retirement for length of service \nSec. 20601. Officers: voluntary retirement for length of service. 20602. Officers: computation of years of service for voluntary retirement. 20603. Enlisted members: voluntary retirement for length of service. 20604. Enlisted members: computation of years of service for voluntary retirement. 20605. Applicability of other provisions of law relating to retirement. 20601. Officers: voluntary retirement for length of service \n(a) Twenty years or more \nThe Secretary of the Air Force may, upon the officer's request, retire a commissioned officer of the Space Force who has at least 20 years of service computed under section 20602 of this title, at least 10 years of which have been active service as a commissioned officer. (b) Thirty years or more \nA commissioned officer of the Space Force who has at least 30 years of service computed under section 20602 of this title may be retired upon the officer’s request, in the discretion of the President. (c) Forty years or more \nExcept as provided in section 20503 of this title, a commissioned officer of the Space Force who has at least 40 years of service computed under section 20602 of this title shall be retired upon the officer’s request. 20602. Officers: computation of years of service for voluntary retirement \n(a) Years of active service \nFor the purpose of determining whether an officer of the Space Force may be retired under section 20601 of this title, the officer's years of service are computed by adding all active service in the armed forces. (b) Reference to section excluding service during certain periods \nSection 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section. 20603. Enlisted members: voluntary retirement for length of service \n(a) Twenty to thirty years \nUnder regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Space Force who has at least 20, but less than 30, years of service computed under section 20604 of this title may, upon the member’s request, be retired. (b) Thirty years or more \nAn enlisted member of the Space Force who has at least 30 years of service computed under section 20604 of this title shall be retired upon the member’s request. 20604. Enlisted members: computation of years of service for voluntary retirement \n(a) Years of active service \nFor the purpose of determining whether an enlisted member of the Space Force may be retired under section 20603 of this title, the member’s years of service are computed by adding all active service in the armed forces. (b) Reference to section excluding counting of certain service required To Be made up \nTime required to be made up under section 972(a) of this title may not be counted in computing years of service under subsection (a). 20605. Applicability of other provisions of law relating to retirement \n(a) Applicability to members of the Space Force \nExcept as specifically provided for by this chapter, the provisions of this title specified in subsection (b) apply to members of the Space Force as follows: (1) Provisions pertaining to an officer of the Air Force shall apply to an officer of the Space Force. (2) Provisions pertaining to an enlisted member of the Air Force shall apply to an enlisted member of the Space Force. (3) Provisions pertaining to a regular officer shall apply to an officer who is on sustained duty in the Space Force. (4) Provisions pertaining to a regular enlisted member shall apply to an enlisted member who is on sustained duty in the Space Force. (5) Provisions pertaining to a reserve officer shall apply to an officer who is in a Space Force active status but not on sustained duty. (6) Provisions pertaining to a reserve enlisted member shall apply to an enlisted member who is in a Space Force active status but not on sustained duty. (7) Provisions pertaining to service in a regular component shall apply to service on sustained duty. (8) Provisions pertaining to service in a reserve component shall apply to service in a Space Force active status not on sustained duty. (9) Provisions pertaining to a member of the Ready Reserve shall apply to a member of the Space Force who is in a Space Force active status prior to being ordered to active duty. (10) Provisions pertaining to a member of the Retired Reserve shall apply to a member of the Space Force who has retired under chapter 1223 of this title. (b) Provisions of law \nThe provisions of this title referred to in subsection (a) are the following: (1) Chapter 61, relating to retirement or separation for physical disability. (2) Chapter 63, relating to retirement for age. (3) Chapter 69, relating to retired grade. (4) Chapter 71, relating to computation of retired pay. (5) Chapter 941, relating to retirement from the Air Force for length of service. (6) Chapter 945, relating to computation of retired pay. (7) Chapter 1223, relating to retired pay for non-regular service. (8) Chapter 1225, relating to retired grade.. (b) Conforming amendments \nTitle 10, United States Code, is amended as follows: (1) Retired members ordered to active duty \nSection 688(b) is amended— (A) in paragraph (1), by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps ; and (B) by adding at the end the following new paragraph: (4) A retired member of the Space Force.. (2) Retired grade \nSection 9341 is amended— (A) in subsection (a), by striking or the Space Force both places it appears; (B) in subsection (b), by striking or a Regular or Reserve of the Space Force ; and (C) by adding at the end the following new subsection: (c) Space Force \n(1) The retired grade of a commissioned officer of the Space Force who retires other than for physical disability is determined under section 1370 or 1370a of this title, as applicable to the officer. (2) Unless entitled to a higher retired grade under some other provision of law, a member of the Space Force not covered by paragraph (1) who retires other than for physical disability retires in the grade that the member holds on the date of the member's retirement.. (3) Retired grade of enlisted members after 30 years of service \nSection 9344(b)(2) is amended by striking Regular before Space Force. (4) Retired lists \nSection 9346 is amended— (A) in subsection (a), by striking or the Regular Space Force and inserting and a separate retired list containing the name of each retired commissioned officer of the Space Force (other than an officer whose name is on the list maintained under subsection (b)(2)) ; (B) in subsection (b)— (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (ii) by inserting (1) after (b) ; (iii) in subparagraph (A), as redesignated by clause (i), by striking , or for commissioned officers of the Space Force other than of the Regular Space Force ; (iv) in subparagraph (B), as so redesignated, by striking or the Space Force ; and (v) by adding at the end the following new paragraph: (2) The Secretary shall maintain a retired list containing the name of— (A) each person entitled to retired pay who as a member of the Space Force qualified for retirement under section 20601 of this title; and (B) each retired warrant officer or enlisted member of the Space Force who is advanced to a commissioned grade. ; (C) in subsection (c), by striking or the Space Force and inserting and a separate retired list containing the name of each retired warrant officer of the Space Force ; and (D) in subsection (d), by striking or the Regular Space Force and inserting and a separate retired list containing the name of each retired enlisted member of the Space Force.", "id": "id0F1CF43B6415417B8BC829DE0A63D23D", "header": "Retirement", "nested": [ { "text": "(a) In general \nSubtitle F of title 10, United States Code, as amended by section 1719, is further amended by adding at the end the following new chapter: 2013 Voluntary retirement for length of service \nSec. 20601. Officers: voluntary retirement for length of service. 20602. Officers: computation of years of service for voluntary retirement. 20603. Enlisted members: voluntary retirement for length of service. 20604. Enlisted members: computation of years of service for voluntary retirement. 20605. Applicability of other provisions of law relating to retirement. 20601. Officers: voluntary retirement for length of service \n(a) Twenty years or more \nThe Secretary of the Air Force may, upon the officer's request, retire a commissioned officer of the Space Force who has at least 20 years of service computed under section 20602 of this title, at least 10 years of which have been active service as a commissioned officer. (b) Thirty years or more \nA commissioned officer of the Space Force who has at least 30 years of service computed under section 20602 of this title may be retired upon the officer’s request, in the discretion of the President. (c) Forty years or more \nExcept as provided in section 20503 of this title, a commissioned officer of the Space Force who has at least 40 years of service computed under section 20602 of this title shall be retired upon the officer’s request. 20602. Officers: computation of years of service for voluntary retirement \n(a) Years of active service \nFor the purpose of determining whether an officer of the Space Force may be retired under section 20601 of this title, the officer's years of service are computed by adding all active service in the armed forces. (b) Reference to section excluding service during certain periods \nSection 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section. 20603. Enlisted members: voluntary retirement for length of service \n(a) Twenty to thirty years \nUnder regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Space Force who has at least 20, but less than 30, years of service computed under section 20604 of this title may, upon the member’s request, be retired. (b) Thirty years or more \nAn enlisted member of the Space Force who has at least 30 years of service computed under section 20604 of this title shall be retired upon the member’s request. 20604. Enlisted members: computation of years of service for voluntary retirement \n(a) Years of active service \nFor the purpose of determining whether an enlisted member of the Space Force may be retired under section 20603 of this title, the member’s years of service are computed by adding all active service in the armed forces. (b) Reference to section excluding counting of certain service required To Be made up \nTime required to be made up under section 972(a) of this title may not be counted in computing years of service under subsection (a). 20605. Applicability of other provisions of law relating to retirement \n(a) Applicability to members of the Space Force \nExcept as specifically provided for by this chapter, the provisions of this title specified in subsection (b) apply to members of the Space Force as follows: (1) Provisions pertaining to an officer of the Air Force shall apply to an officer of the Space Force. (2) Provisions pertaining to an enlisted member of the Air Force shall apply to an enlisted member of the Space Force. (3) Provisions pertaining to a regular officer shall apply to an officer who is on sustained duty in the Space Force. (4) Provisions pertaining to a regular enlisted member shall apply to an enlisted member who is on sustained duty in the Space Force. (5) Provisions pertaining to a reserve officer shall apply to an officer who is in a Space Force active status but not on sustained duty. (6) Provisions pertaining to a reserve enlisted member shall apply to an enlisted member who is in a Space Force active status but not on sustained duty. (7) Provisions pertaining to service in a regular component shall apply to service on sustained duty. (8) Provisions pertaining to service in a reserve component shall apply to service in a Space Force active status not on sustained duty. (9) Provisions pertaining to a member of the Ready Reserve shall apply to a member of the Space Force who is in a Space Force active status prior to being ordered to active duty. (10) Provisions pertaining to a member of the Retired Reserve shall apply to a member of the Space Force who has retired under chapter 1223 of this title. (b) Provisions of law \nThe provisions of this title referred to in subsection (a) are the following: (1) Chapter 61, relating to retirement or separation for physical disability. (2) Chapter 63, relating to retirement for age. (3) Chapter 69, relating to retired grade. (4) Chapter 71, relating to computation of retired pay. (5) Chapter 941, relating to retirement from the Air Force for length of service. (6) Chapter 945, relating to computation of retired pay. (7) Chapter 1223, relating to retired pay for non-regular service. (8) Chapter 1225, relating to retired grade..", "id": "id92E885C391C146139E48070CEB732C31", "header": "In general", "nested": [], "links": [ { "text": "section 20602", "legal-doc": "usc", "parsable-cite": "usc/26/20602" }, { "text": "section 20602", "legal-doc": "usc", "parsable-cite": "usc/26/20602" }, { "text": "section 20503", "legal-doc": "usc", "parsable-cite": "usc/26/20503" }, { "text": "section 20602", "legal-doc": "usc", "parsable-cite": "usc/26/20602" }, { "text": "section 20601", "legal-doc": "usc", "parsable-cite": "usc/26/20601" }, { "text": "Section 972(b)", "legal-doc": "usc", "parsable-cite": "usc/26/972" }, { "text": "section 20604", "legal-doc": "usc", "parsable-cite": "usc/26/20604" }, { "text": "section 20604", "legal-doc": "usc", "parsable-cite": "usc/26/20604" }, { "text": "section 20603", "legal-doc": "usc", "parsable-cite": "usc/26/20603" }, { "text": "section 972(a)", "legal-doc": "usc", "parsable-cite": "usc/26/972" }, { "text": "chapter 1223", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1223" } ] }, { "text": "(b) Conforming amendments \nTitle 10, United States Code, is amended as follows: (1) Retired members ordered to active duty \nSection 688(b) is amended— (A) in paragraph (1), by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps ; and (B) by adding at the end the following new paragraph: (4) A retired member of the Space Force.. (2) Retired grade \nSection 9341 is amended— (A) in subsection (a), by striking or the Space Force both places it appears; (B) in subsection (b), by striking or a Regular or Reserve of the Space Force ; and (C) by adding at the end the following new subsection: (c) Space Force \n(1) The retired grade of a commissioned officer of the Space Force who retires other than for physical disability is determined under section 1370 or 1370a of this title, as applicable to the officer. (2) Unless entitled to a higher retired grade under some other provision of law, a member of the Space Force not covered by paragraph (1) who retires other than for physical disability retires in the grade that the member holds on the date of the member's retirement.. (3) Retired grade of enlisted members after 30 years of service \nSection 9344(b)(2) is amended by striking Regular before Space Force. (4) Retired lists \nSection 9346 is amended— (A) in subsection (a), by striking or the Regular Space Force and inserting and a separate retired list containing the name of each retired commissioned officer of the Space Force (other than an officer whose name is on the list maintained under subsection (b)(2)) ; (B) in subsection (b)— (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (ii) by inserting (1) after (b) ; (iii) in subparagraph (A), as redesignated by clause (i), by striking , or for commissioned officers of the Space Force other than of the Regular Space Force ; (iv) in subparagraph (B), as so redesignated, by striking or the Space Force ; and (v) by adding at the end the following new paragraph: (2) The Secretary shall maintain a retired list containing the name of— (A) each person entitled to retired pay who as a member of the Space Force qualified for retirement under section 20601 of this title; and (B) each retired warrant officer or enlisted member of the Space Force who is advanced to a commissioned grade. ; (C) in subsection (c), by striking or the Space Force and inserting and a separate retired list containing the name of each retired warrant officer of the Space Force ; and (D) in subsection (d), by striking or the Regular Space Force and inserting and a separate retired list containing the name of each retired enlisted member of the Space Force.", "id": "idd3130635aeaf47dea0c1fc423307b56b", "header": "Conforming amendments", "nested": [], "links": [ { "text": "Section 688(b)", "legal-doc": "usc", "parsable-cite": "usc/26/688" }, { "text": "Section 9341", "legal-doc": "usc", "parsable-cite": "usc/26/9341" }, { "text": "section 1370", "legal-doc": "usc", "parsable-cite": "usc/26/1370" }, { "text": "1370a", "legal-doc": "usc", "parsable-cite": "usc/26/1370a" }, { "text": "Section 9344(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/9344" }, { "text": "Section 9346", "legal-doc": "usc", "parsable-cite": "usc/26/9346" }, { "text": "section 20601", "legal-doc": "usc", "parsable-cite": "usc/26/20601" } ] } ], "links": [ { "text": "section 20602", "legal-doc": "usc", "parsable-cite": "usc/26/20602" }, { "text": "section 20602", "legal-doc": "usc", "parsable-cite": "usc/26/20602" }, { "text": "section 20503", "legal-doc": "usc", "parsable-cite": "usc/26/20503" }, { "text": "section 20602", "legal-doc": "usc", "parsable-cite": "usc/26/20602" }, { "text": "section 20601", "legal-doc": "usc", "parsable-cite": "usc/26/20601" }, { "text": "Section 972(b)", "legal-doc": "usc", "parsable-cite": "usc/26/972" }, { "text": "section 20604", "legal-doc": "usc", "parsable-cite": "usc/26/20604" }, { "text": "section 20604", "legal-doc": "usc", "parsable-cite": "usc/26/20604" }, { "text": "section 20603", "legal-doc": "usc", "parsable-cite": "usc/26/20603" }, { "text": "section 972(a)", "legal-doc": "usc", "parsable-cite": "usc/26/972" }, { "text": "chapter 1223", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1223" }, { "text": "Section 688(b)", "legal-doc": "usc", "parsable-cite": "usc/26/688" }, { "text": "Section 9341", "legal-doc": "usc", "parsable-cite": "usc/26/9341" }, { "text": "section 1370", "legal-doc": "usc", "parsable-cite": "usc/26/1370" }, { "text": "1370a", "legal-doc": "usc", "parsable-cite": "usc/26/1370a" }, { "text": "Section 9344(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/9344" }, { "text": "Section 9346", "legal-doc": "usc", "parsable-cite": "usc/26/9346" }, { "text": "section 20601", "legal-doc": "usc", "parsable-cite": "usc/26/20601" } ] }, { "text": "20601. Officers: voluntary retirement for length of service \n(a) Twenty years or more \nThe Secretary of the Air Force may, upon the officer's request, retire a commissioned officer of the Space Force who has at least 20 years of service computed under section 20602 of this title, at least 10 years of which have been active service as a commissioned officer. (b) Thirty years or more \nA commissioned officer of the Space Force who has at least 30 years of service computed under section 20602 of this title may be retired upon the officer’s request, in the discretion of the President. (c) Forty years or more \nExcept as provided in section 20503 of this title, a commissioned officer of the Space Force who has at least 40 years of service computed under section 20602 of this title shall be retired upon the officer’s request.", "id": "id2f4c4fded34647a4938ef064cab5ea55", "header": "Officers: voluntary retirement for length of service", "nested": [ { "text": "(a) Twenty years or more \nThe Secretary of the Air Force may, upon the officer's request, retire a commissioned officer of the Space Force who has at least 20 years of service computed under section 20602 of this title, at least 10 years of which have been active service as a commissioned officer.", "id": "id9ea2685a28484d8bb71322457183934d", "header": "Twenty years or more", "nested": [], "links": [ { "text": "section 20602", "legal-doc": "usc", "parsable-cite": "usc/26/20602" } ] }, { "text": "(b) Thirty years or more \nA commissioned officer of the Space Force who has at least 30 years of service computed under section 20602 of this title may be retired upon the officer’s request, in the discretion of the President.", "id": "idc0f957b7981c448496fdc9979f84bcbb", "header": "Thirty years or more", "nested": [], "links": [ { "text": "section 20602", "legal-doc": "usc", "parsable-cite": "usc/26/20602" } ] }, { "text": "(c) Forty years or more \nExcept as provided in section 20503 of this title, a commissioned officer of the Space Force who has at least 40 years of service computed under section 20602 of this title shall be retired upon the officer’s request.", "id": "id151105f8529e454585135ee417a5e651", "header": "Forty years or more", "nested": [], "links": [ { "text": "section 20503", "legal-doc": "usc", "parsable-cite": "usc/26/20503" }, { "text": "section 20602", "legal-doc": "usc", "parsable-cite": "usc/26/20602" } ] } ], "links": [ { "text": "section 20602", "legal-doc": "usc", "parsable-cite": "usc/26/20602" }, { "text": "section 20602", "legal-doc": "usc", "parsable-cite": "usc/26/20602" }, { "text": "section 20503", "legal-doc": "usc", "parsable-cite": "usc/26/20503" }, { "text": "section 20602", "legal-doc": "usc", "parsable-cite": "usc/26/20602" } ] }, { "text": "20602. Officers: computation of years of service for voluntary retirement \n(a) Years of active service \nFor the purpose of determining whether an officer of the Space Force may be retired under section 20601 of this title, the officer's years of service are computed by adding all active service in the armed forces. (b) Reference to section excluding service during certain periods \nSection 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section.", "id": "ida9dc9b6423c545059b054698c88c1f3c", "header": "Officers: computation of years of service for voluntary retirement", "nested": [ { "text": "(a) Years of active service \nFor the purpose of determining whether an officer of the Space Force may be retired under section 20601 of this title, the officer's years of service are computed by adding all active service in the armed forces.", "id": "idba3014ad89dd4eaaa3f96273f648ab73", "header": "Years of active service", "nested": [], "links": [ { "text": "section 20601", "legal-doc": "usc", "parsable-cite": "usc/26/20601" } ] }, { "text": "(b) Reference to section excluding service during certain periods \nSection 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section.", "id": "idf4588c914c6c4bc6af54c35ea0c66242", "header": "Reference to section excluding service during certain periods", "nested": [], "links": [ { "text": "Section 972(b)", "legal-doc": "usc", "parsable-cite": "usc/26/972" } ] } ], "links": [ { "text": "section 20601", "legal-doc": "usc", "parsable-cite": "usc/26/20601" }, { "text": "Section 972(b)", "legal-doc": "usc", "parsable-cite": "usc/26/972" } ] }, { "text": "20603. Enlisted members: voluntary retirement for length of service \n(a) Twenty to thirty years \nUnder regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Space Force who has at least 20, but less than 30, years of service computed under section 20604 of this title may, upon the member’s request, be retired. (b) Thirty years or more \nAn enlisted member of the Space Force who has at least 30 years of service computed under section 20604 of this title shall be retired upon the member’s request.", "id": "idce4c07b6dd5a4d3593eb8ca9c8c15c1e", "header": "Enlisted members: voluntary retirement for length of service", "nested": [ { "text": "(a) Twenty to thirty years \nUnder regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Space Force who has at least 20, but less than 30, years of service computed under section 20604 of this title may, upon the member’s request, be retired.", "id": "idfa9b6ba6fe6741c49b14f901ad496176", "header": "Twenty to thirty years", "nested": [], "links": [ { "text": "section 20604", "legal-doc": "usc", "parsable-cite": "usc/26/20604" } ] }, { "text": "(b) Thirty years or more \nAn enlisted member of the Space Force who has at least 30 years of service computed under section 20604 of this title shall be retired upon the member’s request.", "id": "id140c71635a774332a8585a348db7664e", "header": "Thirty years or more", "nested": [], "links": [ { "text": "section 20604", "legal-doc": "usc", "parsable-cite": "usc/26/20604" } ] } ], "links": [ { "text": "section 20604", "legal-doc": "usc", "parsable-cite": "usc/26/20604" }, { "text": "section 20604", "legal-doc": "usc", "parsable-cite": "usc/26/20604" } ] }, { "text": "20604. Enlisted members: computation of years of service for voluntary retirement \n(a) Years of active service \nFor the purpose of determining whether an enlisted member of the Space Force may be retired under section 20603 of this title, the member’s years of service are computed by adding all active service in the armed forces. (b) Reference to section excluding counting of certain service required To Be made up \nTime required to be made up under section 972(a) of this title may not be counted in computing years of service under subsection (a).", "id": "idf872d55e25a849adb1cd1a0155e845f0", "header": "Enlisted members: computation of years of service for voluntary retirement", "nested": [ { "text": "(a) Years of active service \nFor the purpose of determining whether an enlisted member of the Space Force may be retired under section 20603 of this title, the member’s years of service are computed by adding all active service in the armed forces.", "id": "id6e6134ce02c74d7da57fdd0d81319a64", "header": "Years of active service", "nested": [], "links": [ { "text": "section 20603", "legal-doc": "usc", "parsable-cite": "usc/26/20603" } ] }, { "text": "(b) Reference to section excluding counting of certain service required To Be made up \nTime required to be made up under section 972(a) of this title may not be counted in computing years of service under subsection (a).", "id": "id7a24908cd00b41bdac5f4b5eff397e64", "header": "Reference to section excluding counting of certain service required To Be made up", "nested": [], "links": [ { "text": "section 972(a)", "legal-doc": "usc", "parsable-cite": "usc/26/972" } ] } ], "links": [ { "text": "section 20603", "legal-doc": "usc", "parsable-cite": "usc/26/20603" }, { "text": "section 972(a)", "legal-doc": "usc", "parsable-cite": "usc/26/972" } ] }, { "text": "20605. Applicability of other provisions of law relating to retirement \n(a) Applicability to members of the Space Force \nExcept as specifically provided for by this chapter, the provisions of this title specified in subsection (b) apply to members of the Space Force as follows: (1) Provisions pertaining to an officer of the Air Force shall apply to an officer of the Space Force. (2) Provisions pertaining to an enlisted member of the Air Force shall apply to an enlisted member of the Space Force. (3) Provisions pertaining to a regular officer shall apply to an officer who is on sustained duty in the Space Force. (4) Provisions pertaining to a regular enlisted member shall apply to an enlisted member who is on sustained duty in the Space Force. (5) Provisions pertaining to a reserve officer shall apply to an officer who is in a Space Force active status but not on sustained duty. (6) Provisions pertaining to a reserve enlisted member shall apply to an enlisted member who is in a Space Force active status but not on sustained duty. (7) Provisions pertaining to service in a regular component shall apply to service on sustained duty. (8) Provisions pertaining to service in a reserve component shall apply to service in a Space Force active status not on sustained duty. (9) Provisions pertaining to a member of the Ready Reserve shall apply to a member of the Space Force who is in a Space Force active status prior to being ordered to active duty. (10) Provisions pertaining to a member of the Retired Reserve shall apply to a member of the Space Force who has retired under chapter 1223 of this title. (b) Provisions of law \nThe provisions of this title referred to in subsection (a) are the following: (1) Chapter 61, relating to retirement or separation for physical disability. (2) Chapter 63, relating to retirement for age. (3) Chapter 69, relating to retired grade. (4) Chapter 71, relating to computation of retired pay. (5) Chapter 941, relating to retirement from the Air Force for length of service. (6) Chapter 945, relating to computation of retired pay. (7) Chapter 1223, relating to retired pay for non-regular service. (8) Chapter 1225, relating to retired grade.", "id": "id9c12a9334b6d4a459b0b8789faac2130", "header": "Applicability of other provisions of law relating to retirement", "nested": [ { "text": "(a) Applicability to members of the Space Force \nExcept as specifically provided for by this chapter, the provisions of this title specified in subsection (b) apply to members of the Space Force as follows: (1) Provisions pertaining to an officer of the Air Force shall apply to an officer of the Space Force. (2) Provisions pertaining to an enlisted member of the Air Force shall apply to an enlisted member of the Space Force. (3) Provisions pertaining to a regular officer shall apply to an officer who is on sustained duty in the Space Force. (4) Provisions pertaining to a regular enlisted member shall apply to an enlisted member who is on sustained duty in the Space Force. (5) Provisions pertaining to a reserve officer shall apply to an officer who is in a Space Force active status but not on sustained duty. (6) Provisions pertaining to a reserve enlisted member shall apply to an enlisted member who is in a Space Force active status but not on sustained duty. (7) Provisions pertaining to service in a regular component shall apply to service on sustained duty. (8) Provisions pertaining to service in a reserve component shall apply to service in a Space Force active status not on sustained duty. (9) Provisions pertaining to a member of the Ready Reserve shall apply to a member of the Space Force who is in a Space Force active status prior to being ordered to active duty. (10) Provisions pertaining to a member of the Retired Reserve shall apply to a member of the Space Force who has retired under chapter 1223 of this title.", "id": "id6cff80dacec9460cb35d808ae5cf4ff1", "header": "Applicability to members of the Space Force", "nested": [], "links": [ { "text": "chapter 1223", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1223" } ] }, { "text": "(b) Provisions of law \nThe provisions of this title referred to in subsection (a) are the following: (1) Chapter 61, relating to retirement or separation for physical disability. (2) Chapter 63, relating to retirement for age. (3) Chapter 69, relating to retired grade. (4) Chapter 71, relating to computation of retired pay. (5) Chapter 941, relating to retirement from the Air Force for length of service. (6) Chapter 945, relating to computation of retired pay. (7) Chapter 1223, relating to retired pay for non-regular service. (8) Chapter 1225, relating to retired grade.", "id": "ide50f3b5499d2410f96feff5c1bd8525b", "header": "Provisions of law", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1223", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1223" } ] }, { "text": "1831. Amendments to Department of the Air Force provisions of title 10, United States Code \n(a) Provisions relating to personnel \nPart II of subtitle D of title 10, United States Code, is amended as follows: (1) Gender-free basis for acceptance of original enlistments \n(A) Section 9132 is amended by striking Regular before Space Force. (B) The heading of such section is amended by striking Regular Space Force and inserting Space Force. (2) Reenlistment after service as an officer \n(A) Section 9138(a) is amended by striking Regular before Space Force both places it appears. (B) The heading of section 9138 is amended by striking Regular Space Force and inserting Space Force. (3) Warrant officers: original appointment; qualifications \nSection 9160 is amended by striking Regular before Space Force”. (4) Service as an officer to be counted as enlisted service \nSection 9252 is amended by striking Regular before Space Force. (5) Chapter heading \n(A) The heading of chapter 915 is amended to read as follows: 915 Appointments in the regular air force and in the Space Force \n. (B) The tables of chapters at the beginning of subtitle D, and at the beginning of part II of subtitle D of such title, are each amended by striking the item relating to chapter 915 and inserting the following new item: 915. Appointments in the Regular Air Force and in the Space Force 9151.. (b) Provisions relating to training generally \nSection 9401 of such title is amended— (1) in subsection (b)— (A) by striking or the Regular Space Force after Regular Air Force ; and (B) by inserting or one of the Space Force in a Space Force active status not on sustained duty, after on the active-duty list, ; (2) in subsection (c)— (A) by striking or Reserve of the Space Force and inserting or member of the Space Force in a Space Force active status not on sustained duty ; and (B) by striking the Reserve’s consent and inserting the member’s consent ; and (3) in subsection (f)— (A) by striking the Regular Space Force and inserting of Space Force members on sustained duty ; and (B) by striking the Space Force Reserve and inserting of Space Force members in an active status not on sustained duty. (c) Provisions relating to the air force academy \nChapter 953 of such title is amended as follows: (1) Permanent professors; director of admissions \nSection 9436 is amended— (A) in subsection (a)— (i) by striking the equivalent grade in both places it appears; (ii) by inserting or the Space Force after Regular Air Force the first place it appears; (iii) by striking and a permanent and all that follows through in the Regular Air Force ; and (B) in subsection (b)— (i) by striking the equivalent grade in both places it appears and inserting the grade of lieutenant colonel in ; and (ii) by striking Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force and inserting Space Force has the grade of colonel in the Space Force. (2) Appointment of cadets \nSection 9442(b) is amended— (A) in paragraph (1)(C), by inserting , or the Space Force, after members of reserve components ; and (B) in paragraph (2), by striking Regular before Space Force. (3) Agreement of cadets to serve as officers \nSection 9448(a) is amended— (A) in paragraph (2)(A), by striking Regular before Space Force ; and (B) in paragraph (3)— (i) in the matter preceding subparagraph (A), by inserting , or to terminate the officer’s order to sustained duty in the Space Force after resign as a regular officer ; (ii) in subparagraph (A), by striking or as a Reserve in the Space Force for service in the Space Force Reserve and inserting or will accept further assignment in a Space Force active status ; and (iii) in subparagraph (B), by inserting , or the Space Force, after that reserve component. (4) Hazing \nSection 9452(c) is amended by striking Marine Corps, or Space Force, and inserting, or Marine Corps, or in the Space Force,. (5) Commission upon graduation \nSection 9453(b) is amended— (A) by striking or in the equivalent grade in the Regular Space Force ; and (B) by inserting before the period the following: or a second lieutenant in the Space Force under section 531 or 20201 of this title. (d) Provisions relating to schools and camps \nChapter 957 of such title is amended as follows: (1) Purpose \nSection 9481 is amended— (A) by striking to qualify them for appointment and inserting “to qualify them for— (1) appointment ; (B) by striking or the Space Force Reserve. and inserting ; or ; and (C) by adding at the end the following new paragraph: (2) appointment as officers, or enlistment as noncommissioned officers, for service in the Space Force in a Space Force active status.. (2) Operation \nSection 9482(4) is amended by striking or the Regular Space Force and inserting or members of the Space Force in an active status.", "id": "id975001af317b4a6c9530578ae661a74b", "header": "Amendments to Department of the Air Force provisions of title 10, United States Code", "nested": [ { "text": "(a) Provisions relating to personnel \nPart II of subtitle D of title 10, United States Code, is amended as follows: (1) Gender-free basis for acceptance of original enlistments \n(A) Section 9132 is amended by striking Regular before Space Force. (B) The heading of such section is amended by striking Regular Space Force and inserting Space Force. (2) Reenlistment after service as an officer \n(A) Section 9138(a) is amended by striking Regular before Space Force both places it appears. (B) The heading of section 9138 is amended by striking Regular Space Force and inserting Space Force. (3) Warrant officers: original appointment; qualifications \nSection 9160 is amended by striking Regular before Space Force”. (4) Service as an officer to be counted as enlisted service \nSection 9252 is amended by striking Regular before Space Force. (5) Chapter heading \n(A) The heading of chapter 915 is amended to read as follows: 915 Appointments in the regular air force and in the Space Force \n. (B) The tables of chapters at the beginning of subtitle D, and at the beginning of part II of subtitle D of such title, are each amended by striking the item relating to chapter 915 and inserting the following new item: 915. Appointments in the Regular Air Force and in the Space Force 9151..", "id": "ida0c81a2082fb456285f8d33b13428725", "header": "Provisions relating to personnel", "nested": [], "links": [ { "text": "Section 9132", "legal-doc": "usc", "parsable-cite": "usc/26/9132" }, { "text": "Section 9138(a)", "legal-doc": "usc", "parsable-cite": "usc/26/9138" }, { "text": "section 9138", "legal-doc": "usc", "parsable-cite": "usc/26/9138" }, { "text": "Section 9160", "legal-doc": "usc", "parsable-cite": "usc/26/9160" }, { "text": "Section 9252", "legal-doc": "usc", "parsable-cite": "usc/26/9252" }, { "text": "chapter 915", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/915" } ] }, { "text": "(b) Provisions relating to training generally \nSection 9401 of such title is amended— (1) in subsection (b)— (A) by striking or the Regular Space Force after Regular Air Force ; and (B) by inserting or one of the Space Force in a Space Force active status not on sustained duty, after on the active-duty list, ; (2) in subsection (c)— (A) by striking or Reserve of the Space Force and inserting or member of the Space Force in a Space Force active status not on sustained duty ; and (B) by striking the Reserve’s consent and inserting the member’s consent ; and (3) in subsection (f)— (A) by striking the Regular Space Force and inserting of Space Force members on sustained duty ; and (B) by striking the Space Force Reserve and inserting of Space Force members in an active status not on sustained duty.", "id": "idcd921666a1ff40a6a49fecf82b4b2c63", "header": "Provisions relating to training generally", "nested": [], "links": [ { "text": "Section 9401", "legal-doc": "usc", "parsable-cite": "usc/26/9401" } ] }, { "text": "(c) Provisions relating to the air force academy \nChapter 953 of such title is amended as follows: (1) Permanent professors; director of admissions \nSection 9436 is amended— (A) in subsection (a)— (i) by striking the equivalent grade in both places it appears; (ii) by inserting or the Space Force after Regular Air Force the first place it appears; (iii) by striking and a permanent and all that follows through in the Regular Air Force ; and (B) in subsection (b)— (i) by striking the equivalent grade in both places it appears and inserting the grade of lieutenant colonel in ; and (ii) by striking Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force and inserting Space Force has the grade of colonel in the Space Force. (2) Appointment of cadets \nSection 9442(b) is amended— (A) in paragraph (1)(C), by inserting , or the Space Force, after members of reserve components ; and (B) in paragraph (2), by striking Regular before Space Force. (3) Agreement of cadets to serve as officers \nSection 9448(a) is amended— (A) in paragraph (2)(A), by striking Regular before Space Force ; and (B) in paragraph (3)— (i) in the matter preceding subparagraph (A), by inserting , or to terminate the officer’s order to sustained duty in the Space Force after resign as a regular officer ; (ii) in subparagraph (A), by striking or as a Reserve in the Space Force for service in the Space Force Reserve and inserting or will accept further assignment in a Space Force active status ; and (iii) in subparagraph (B), by inserting , or the Space Force, after that reserve component. (4) Hazing \nSection 9452(c) is amended by striking Marine Corps, or Space Force, and inserting, or Marine Corps, or in the Space Force,. (5) Commission upon graduation \nSection 9453(b) is amended— (A) by striking or in the equivalent grade in the Regular Space Force ; and (B) by inserting before the period the following: or a second lieutenant in the Space Force under section 531 or 20201 of this title.", "id": "idd93aaae3c43f43189bce60a5a4f8ae10", "header": "Provisions relating to the air force academy", "nested": [], "links": [ { "text": "Chapter 953", "legal-doc": "usc", "parsable-cite": "usc-chapter/26/953" }, { "text": "Section 9436", "legal-doc": "usc", "parsable-cite": "usc/26/9436" }, { "text": "Section 9442(b)", "legal-doc": "usc", "parsable-cite": "usc/26/9442" }, { "text": "Section 9448(a)", "legal-doc": "usc", "parsable-cite": "usc/26/9448" }, { "text": "Section 9452(c)", "legal-doc": "usc", "parsable-cite": "usc/26/9452" }, { "text": "Section 9453(b)", "legal-doc": "usc", "parsable-cite": "usc/26/9453" }, { "text": "section 531", "legal-doc": "usc", "parsable-cite": "usc/26/531" }, { "text": "20201", "legal-doc": "usc", "parsable-cite": "usc/26/20201" } ] }, { "text": "(d) Provisions relating to schools and camps \nChapter 957 of such title is amended as follows: (1) Purpose \nSection 9481 is amended— (A) by striking to qualify them for appointment and inserting “to qualify them for— (1) appointment ; (B) by striking or the Space Force Reserve. and inserting ; or ; and (C) by adding at the end the following new paragraph: (2) appointment as officers, or enlistment as noncommissioned officers, for service in the Space Force in a Space Force active status.. (2) Operation \nSection 9482(4) is amended by striking or the Regular Space Force and inserting or members of the Space Force in an active status.", "id": "idf0df662f64e94527be6c968f2aa728e9", "header": "Provisions relating to schools and camps", "nested": [], "links": [ { "text": "Chapter 957", "legal-doc": "usc", "parsable-cite": "usc-chapter/26/957" }, { "text": "Section 9481", "legal-doc": "usc", "parsable-cite": "usc/26/9481" }, { "text": "Section 9482(4)", "legal-doc": "usc", "parsable-cite": "usc/26/9482" } ] } ], "links": [ { "text": "Section 9132", "legal-doc": "usc", "parsable-cite": "usc/26/9132" }, { "text": "Section 9138(a)", "legal-doc": "usc", "parsable-cite": "usc/26/9138" }, { "text": "section 9138", "legal-doc": "usc", "parsable-cite": "usc/26/9138" }, { "text": "Section 9160", "legal-doc": "usc", "parsable-cite": "usc/26/9160" }, { "text": "Section 9252", "legal-doc": "usc", "parsable-cite": "usc/26/9252" }, { "text": "chapter 915", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/915" }, { "text": "Section 9401", "legal-doc": "usc", "parsable-cite": "usc/26/9401" }, { "text": "Chapter 953", "legal-doc": "usc", "parsable-cite": "usc-chapter/26/953" }, { "text": "Section 9436", "legal-doc": "usc", "parsable-cite": "usc/26/9436" }, { "text": "Section 9442(b)", "legal-doc": "usc", "parsable-cite": "usc/26/9442" }, { "text": "Section 9448(a)", "legal-doc": "usc", "parsable-cite": "usc/26/9448" }, { "text": "Section 9452(c)", "legal-doc": "usc", "parsable-cite": "usc/26/9452" }, { "text": "Section 9453(b)", "legal-doc": "usc", "parsable-cite": "usc/26/9453" }, { "text": "section 531", "legal-doc": "usc", "parsable-cite": "usc/26/531" }, { "text": "20201", "legal-doc": "usc", "parsable-cite": "usc/26/20201" }, { "text": "Chapter 957", "legal-doc": "usc", "parsable-cite": "usc-chapter/26/957" }, { "text": "Section 9481", "legal-doc": "usc", "parsable-cite": "usc/26/9481" }, { "text": "Section 9482(4)", "legal-doc": "usc", "parsable-cite": "usc/26/9482" } ] }, { "text": "1832. Amendments to subtitle A of title 10, United States Code \n(a) Provisions relating to organization and general military powers \nPart I of subtitle A of title 10, Untied States Code, is amended as follows: (1) Annual defense manpower report \nSection 115a(d)(3)(F) is amended by inserting before the period the following: or, in the case of the Space Force, officers ordered to active duty other than under section 20105(b) of this title. (2) Suspension of end-strength and other strength limitations in time of war or national emergency \nSection 123a(a)(2) is amended by inserting or the Space Force after a reserve component. (3) Deputy commander of usnorthcom \nSection 164(e)(4) is amended— (A) by inserting (A) after (4) ; (B) by striking shall be a and all that follows through the period at the end and inserting “shall be— (i) a qualified officer of a reserve component who is eligible for promotion to the grade of lieutenant general or, in the case of the Navy, vice admiral; or (ii) a qualified officer of the Space Force whose prior service includes service in a Space Force active status other than sustained duty and who is eligible for promotion to the grade of lieutenant general. ; and (C) by adding at the end the following new subparagraph: (B) The requirement in subparagraph (A) does not apply when the officer serving as commander of the combatant command described in that subparagraph is— (i) a reserve component officer; or (ii) an officer of the Space Force whose prior service includes service in a Space Force active status other than sustained duty.. (4) Readiness reports \nSection 482(a) is amended by inserting and the Space Force after active and reserve components both places it appears. (b) Dopma officer personnel provisions \nChapter 36 of such title is amended as follows: (1) Nondisclosure of board proceedings \nSection 613a is amended by striking 573, 611, or 628 both places it appears and inserting 573, 611, 628, or 20211. (2) Information furnished to selection boards \nSection 615(a) is amended— (A) in paragraph (1), by inserting or 20211 after section 611(a) ; and (B) in paragraph (3)— (i) in subparagraph (B)(i), by striking regular officer and all that follows through the period at the end and inserting regular officer or an officer in the Space Force, a grade above captain or, in the case of the Navy, lieutenant. ; and (ii) in subparagraph (D)— (I) by striking major general, and inserting major general or ; and (II) by striking or, in the case of the Space Force, the equivalent grade,. (3) Eligibility for consideration for promotion: time-in-grade and other requirements \nSection 619(a) is amended by striking Marine Corps, or Space Force each place it appears and inserting or Marine Corps. (4) Authority to vacate promotions to grades of brigadier general and rear admiral (lower half) \nSection 625(b) is amended— (A) by striking Marine Corps, or Space Force and inserting or Marine Corps ; and (B) by adding at the end the following new sentence: An officer of the Space Force whose promotion is vacated under this section holds the grade of colonel.. (5) Acceptance of promotions; oath of office \nSection 626 is amended by striking section 624 both places it appears and inserting section 624 or 20241. (6) Special selection review board \nSection 628a is amended— (A) in subsection (a)(1)(A)— (i) by striking major general, and inserting major general or ; and (ii) by striking , or an equivalent grade in the Space Force ; (B) in subsection (e)(2), by adding at the end the following new sentence: However, in the case of an officer on the Space Force officer list, the provisions of section 618 of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to report and proceedings of a promotion board convened under section 20211 of this title. ; and (C) in subsection (f)(1), by adding at the end the following new sentence: However, if the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of an officer on the Space Force officer list who was referred to it for review under this section, and the President approves the report, the officer shall, as soon as practicable, be appointed to the grade in accordance with subsections (b) and (c) of section 20241 of this title.. (7) Removal from list of officers recommended for promotion \nSection 629 is amended— (A) in subsection (b), by inserting or 20241(c) after section 624(c) ; and (B) in subsection (c)— (i) by inserting or 20241(a) after section 624(a) both places it appears; and (ii) by inserting or 20241(c) after section 624(c) both places it appears. (8) Retirement for years of service \n(A) Lieutenant colonels \nSection 633(a) is amended— (i) by inserting (1) before Except as ; (ii) by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps ; and (iii) by adding at the end the following new paragraph: (2) Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of lieutenant colonel who is not on a list of officers recommended for promotion to the grade of colonel shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service.. (B) Colonels \nSection 634(a) is amended— (i) by inserting (1) before Except as ; (ii) by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps ; and (iii) by adding at the end the following new paragraph: (2) Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of colonel who is not on a list of officers recommended for promotion to the grade of brigadier general shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service.. (C) Brigadier generals \nSection 635 is amended— (i) by inserting (a) Army, navy, air force, and marine corps before Except as ; (ii) by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps ; and (iii) by adding at the end the following new subsection: (b) Space Force \nExcept as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of brigadier general who is not on a list of officers recommended for promotion to the grade of major general shall, if not earlier retired, be retired as specified in subsection (a).. (D) Officers in grades above brigadier general \nSection 636(a) is amended— (i) by inserting (1) before Except as ; (ii) by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps ; and (iii) by adding at the end the following new paragraph: (2) Except as provided in subsection (b) or (c) and under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of major general shall, if not earlier retired, be retired as specified in paragraph (1).. (E) Section headings \n(i) The heading of section 633 is amended by striking lieutenant colonels and and inserting and Space Force lieutenant colonels; regular Navy. (ii) The heading of section 634 is amended by striking colonels and and inserting and Space Force colonels; regular. (iii) The heading of section 635 is amended by striking brigadier generals and and inserting and Space Force brigadier generals; regular Navy. (iv) The heading of section 636 is amended by striking officers in grades above brigadier general and and inserting and Space Force officers in grades above brigadier general; regular Navy officers in grades above. (c) Management policies for joint qualified officers \nSection 661(a) of such title is amended— (1) by striking Marine Corps, and Space Force and inserting and Marine Corps ; and (2) by inserting , and officers of the Space Force on the Space Force officer list, after active-duty list. (d) Leave \nChapter 40 of such title is amended as follows: (1) Entitlement and accumulation \nSection 701 is amended— (A) in subsection (h)— (i) by inserting at the end of paragraph (2) the following new subparagraph: (D) A member of the Space Force in a Space Force active status on sustained duty or subject to a call or order to active duty for a period in excess of 12 months. ; and (ii) in paragraphs (5)(B) and (6), by inserting , or of the Space Force, after member of a reserve component ; and (B) in subsection (i), by inserting , or of the Space Force, after member of a reserve component. (2) Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken \nSection 707a(a)(1) is amended by inserting or 20503 after section 1182(c)(2). (3) Career flexibility to enhance retention of members \nSection 710 is amended— (A) in subsection (a), by inserting or of the Space Force after regular components ; (B) in subsection (b)(2), by inserting , or a Space Force officer in a Space Force active status not on active duty under section 20105(b) of this title, after officer ; (C) in subsection (c)(1), by inserting before the period at the end the following: or, in the case of a member of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a Space Force active status ; and (D) in subsection (g)(1)(A), by striking chapter 36 or 1405 and inserting chapter 36, 1405, or 2005. (e) Limitation on number of officers who may be frocked to a higher grade \nSection 777(d)(2) of such title is amended by inserting , or for the Space Force, the Space Force officer list, after active-duty list. (f) Uniform code of military justice \nChapter 47 of such title (the Uniform Code of Military Justice), is amended as follows: (1) Persons subject to ucmj \nSection 802 (article 2) is amended— (A) in subsection (a)— (i) in paragraph (1), by inserting and members of the Space Force on active duty under section 20105 of this title, after regular component of the armed forces, ; (ii) in paragraph (3)(A)(i), by inserting or the Space Force after reserve component ; (iii) in paragraph (5), by inserting , or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, after a reserve component ; and (iv) by adding at the end the following new paragraph: (14) Retired members of the Space Force who qualified for a regular retirement under section 20603 of this title and are receiving retired pay. ; and (B) in subsection (d)— (i) in paragraph (1), by inserting or the Space Force after reserve component ; (ii) in paragraph (2), by inserting or the Space Force after a reserve component ; and (iii) in paragraph (4), by inserting or the Space Force after in a regular component of the armed forces. (2) Jurisdiction to try certain personnel \nSubsection (d) of section 803 (article 3) is amended by inserting, or the Space Force after reserve component. (3) Articles to be explained \nSection 937 (article 137) is amended— (A) in subsection (a)(1)— (i) by striking or at the end of subparagraph (A); (ii) by striking the period at the end of subparagraph (B) and inserting ; or ; and (iii) by adding at the end the following new subparagraph: (C) the member’s initial entrance on active duty or into a Space Force active status. ; (B) in subsection (a)(2)— (i) by striking and at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following new subparagraph: (B) after a member of Space Force has completed six months of sustained duty or in the case of a member not on sustained duty, after the member has completed basic or recruit training; and ; (C) in subsection (b)(1)(B), by inserting or the Space Force after in a reserve component ; and (D) in subsection (d)(1), by striking or to a member of a reserve component, and inserting , to a member of a reserve component, or to a member of the Space Force,. (g) Restriction on performance of civil functions by officers on active duty \nSection 973(b)(1) of such title 10 is amended— (1) by striking and at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (D) to an officer on the Space Force officer list serving on active duty under section 20105(b) of this title or under a call or order to active duty for a period in excess of 270 days.. (h) Use of commissary stores and mwr retail facilities \nSection 1063 of such title is amended— (1) in subsection (c)— (A) in the heading, by inserting and space force after reserve ; and (B) by inserting or the Space Force after reserve component ; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (3) by inserting after subsection (c) the following new subsection (d): (d) Members of the Space Force \nA member of the Space Force in a Space Force active status who is not on sustained duty shall be permitted to use commissary stores and MWR retail facilities under the same conditions as specified in subsection (a) for a member of the Selected Reserve. ; and (4) in subsection (e), as redesignated by paragraph (2), by striking subsection (a) or (b) in paragraph (1) and inserting subsection (a), (b), or (d). (i) Members involuntary separated \n(1) Eligibility for certain benefits and services \nSection 1141 of such title is amended— (A) by striking and at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting a semicolon; and (C) by adding at the end the following new paragraphs: (5) in the case of an officer of the Space Force (other than a retired officer), the officer is involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force; and (6) in the case of an enlisted member of the Space Force, the member is— (A) denied reenlistment; or (B) involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force.. (2) Separation pay \nSection 1174(a)(2) of such title is amended by striking , Marine Corps, or Space Force both places it appears and inserting or Marine Corps. (j) Boards for the correction of military records \nChapter 79 of such title is amended as follows: (1) Review of actions of selection boards and correction of military records \nSection 1558 is amended— (A) inserting , or the Space Force, after reserve component each place it appears; and (B) in subsection (b)— (i) in paragraph (1)(C), by striking section 628 or 14502 and inserting section 628, 14502, or 20252 ; (ii) in paragraph (2)(A), by striking or 14705 and inserting 14507, or 20403 ; and (iii) in paragraph (2)(B)(i), by striking or 14101(a) and inserting 14101(a), or 20211. (2) Title of air force service review agency \n(A) Sections 1555(c)(3) and 1557(f)(3) are amended by inserting the Department of after Air Force,. (B) Section 1556(a) is amended by inserting the Department of after the Army Review Boards Agency,. (C) Section 1559(c)(3) is amended by inserting the Department of after Air Force,. (k) Military family programs \nChapter 88 of such title is amended as follows: (1) Members of department of defense military readiness council \nSection 1781a(b)(1)(B)(iii) is amended— (A) by striking member and and inserting member, ; and (B) by inserting , and one of whom shall be the spouse or parent of a member of the Space Force after parent of a reserve component member. (2) Department of defense policy and plans for military family readiness \nSection 1781b is amended— (A) in subsection (b)(3), by striking military families of members of the regular components and military families of members of the reserve components and inserting military families of members of the regular components, the reserve components, and the Space Force ; and (B) in subsection (c)(2)— (i) by striking both ; and (ii) by striking military families of members of the regular components and military families of members of the reserve components and inserting military families of members of the regular components, members of the reserve components, and members of the Space Force. (l) Training and education programs \n(1) Payment of tuition for off-duty training or education \nSection 2007 of such title is amended by adding at the end the following new subsection: (g) The provisions of this section pertaining to members of the Ready Reserve, the Selected Reserve, or the Individual Ready Reserve also apply to members of the Space Force in a Space Force active status who are not on active duty.. (2) Rotc financial assistant program for specially selected members \nSection 2107 of such title is amended— (A) in subsection (a)— (i) by striking Navy, and inserting Navy or ; and (ii) by striking Marine Corps, or as an officer in the equivalent grade in the Space Force and inserting or Marine Corps ; and (B) by adding at the end the following new subsection: (k) Applicability to Space Force \n(1) Provisions of this section referring to a regular commission, regular officer, or a commission in a regular component shall be treated as also referring to the commission of an officer, or an officer, who is a commissioned officer in the Space Force serving on active duty pursuant to section 20105(b) of this title. (2) Provisions of this section referring to a reserve commission, reserve officer, or a commission in a reserve component shall be treated as also referring to the commission of an officer, or an officer, who is a commissioned officer in the Space Force not serving on active duty pursuant to section 20105(b) of this title.. (3) Duty as rotc administrators and instructors \nSection 2111 of such title is amended by adding at the end the following new sentence: The Secretary of the Air Force may detail members of the Space Force in the same manner as regular and reserve members of the Air Force..", "id": "idc79de33131224140acd0d7efaf793604", "header": "Amendments to subtitle A of title 10, United States Code", "nested": [ { "text": "(a) Provisions relating to organization and general military powers \nPart I of subtitle A of title 10, Untied States Code, is amended as follows: (1) Annual defense manpower report \nSection 115a(d)(3)(F) is amended by inserting before the period the following: or, in the case of the Space Force, officers ordered to active duty other than under section 20105(b) of this title. (2) Suspension of end-strength and other strength limitations in time of war or national emergency \nSection 123a(a)(2) is amended by inserting or the Space Force after a reserve component. (3) Deputy commander of usnorthcom \nSection 164(e)(4) is amended— (A) by inserting (A) after (4) ; (B) by striking shall be a and all that follows through the period at the end and inserting “shall be— (i) a qualified officer of a reserve component who is eligible for promotion to the grade of lieutenant general or, in the case of the Navy, vice admiral; or (ii) a qualified officer of the Space Force whose prior service includes service in a Space Force active status other than sustained duty and who is eligible for promotion to the grade of lieutenant general. ; and (C) by adding at the end the following new subparagraph: (B) The requirement in subparagraph (A) does not apply when the officer serving as commander of the combatant command described in that subparagraph is— (i) a reserve component officer; or (ii) an officer of the Space Force whose prior service includes service in a Space Force active status other than sustained duty.. (4) Readiness reports \nSection 482(a) is amended by inserting and the Space Force after active and reserve components both places it appears.", "id": "ide37b64a353534fd484bc5ecfc7c7af12", "header": "Provisions relating to organization and general military powers", "nested": [], "links": [ { "text": "Section 115a(d)(3)(F)", "legal-doc": "usc", "parsable-cite": "usc/26/115a" }, { "text": "section 20105(b)", "legal-doc": "usc", "parsable-cite": "usc/26/20105" }, { "text": "Section 123a(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/123a" }, { "text": "Section 164(e)(4)", "legal-doc": "usc", "parsable-cite": "usc/26/164" }, { "text": "Section 482(a)", "legal-doc": "usc", "parsable-cite": "usc/26/482" } ] }, { "text": "(b) Dopma officer personnel provisions \nChapter 36 of such title is amended as follows: (1) Nondisclosure of board proceedings \nSection 613a is amended by striking 573, 611, or 628 both places it appears and inserting 573, 611, 628, or 20211. (2) Information furnished to selection boards \nSection 615(a) is amended— (A) in paragraph (1), by inserting or 20211 after section 611(a) ; and (B) in paragraph (3)— (i) in subparagraph (B)(i), by striking regular officer and all that follows through the period at the end and inserting regular officer or an officer in the Space Force, a grade above captain or, in the case of the Navy, lieutenant. ; and (ii) in subparagraph (D)— (I) by striking major general, and inserting major general or ; and (II) by striking or, in the case of the Space Force, the equivalent grade,. (3) Eligibility for consideration for promotion: time-in-grade and other requirements \nSection 619(a) is amended by striking Marine Corps, or Space Force each place it appears and inserting or Marine Corps. (4) Authority to vacate promotions to grades of brigadier general and rear admiral (lower half) \nSection 625(b) is amended— (A) by striking Marine Corps, or Space Force and inserting or Marine Corps ; and (B) by adding at the end the following new sentence: An officer of the Space Force whose promotion is vacated under this section holds the grade of colonel.. (5) Acceptance of promotions; oath of office \nSection 626 is amended by striking section 624 both places it appears and inserting section 624 or 20241. (6) Special selection review board \nSection 628a is amended— (A) in subsection (a)(1)(A)— (i) by striking major general, and inserting major general or ; and (ii) by striking , or an equivalent grade in the Space Force ; (B) in subsection (e)(2), by adding at the end the following new sentence: However, in the case of an officer on the Space Force officer list, the provisions of section 618 of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to report and proceedings of a promotion board convened under section 20211 of this title. ; and (C) in subsection (f)(1), by adding at the end the following new sentence: However, if the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of an officer on the Space Force officer list who was referred to it for review under this section, and the President approves the report, the officer shall, as soon as practicable, be appointed to the grade in accordance with subsections (b) and (c) of section 20241 of this title.. (7) Removal from list of officers recommended for promotion \nSection 629 is amended— (A) in subsection (b), by inserting or 20241(c) after section 624(c) ; and (B) in subsection (c)— (i) by inserting or 20241(a) after section 624(a) both places it appears; and (ii) by inserting or 20241(c) after section 624(c) both places it appears. (8) Retirement for years of service \n(A) Lieutenant colonels \nSection 633(a) is amended— (i) by inserting (1) before Except as ; (ii) by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps ; and (iii) by adding at the end the following new paragraph: (2) Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of lieutenant colonel who is not on a list of officers recommended for promotion to the grade of colonel shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service.. (B) Colonels \nSection 634(a) is amended— (i) by inserting (1) before Except as ; (ii) by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps ; and (iii) by adding at the end the following new paragraph: (2) Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of colonel who is not on a list of officers recommended for promotion to the grade of brigadier general shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service.. (C) Brigadier generals \nSection 635 is amended— (i) by inserting (a) Army, navy, air force, and marine corps before Except as ; (ii) by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps ; and (iii) by adding at the end the following new subsection: (b) Space Force \nExcept as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of brigadier general who is not on a list of officers recommended for promotion to the grade of major general shall, if not earlier retired, be retired as specified in subsection (a).. (D) Officers in grades above brigadier general \nSection 636(a) is amended— (i) by inserting (1) before Except as ; (ii) by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps ; and (iii) by adding at the end the following new paragraph: (2) Except as provided in subsection (b) or (c) and under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of major general shall, if not earlier retired, be retired as specified in paragraph (1).. (E) Section headings \n(i) The heading of section 633 is amended by striking lieutenant colonels and and inserting and Space Force lieutenant colonels; regular Navy. (ii) The heading of section 634 is amended by striking colonels and and inserting and Space Force colonels; regular. (iii) The heading of section 635 is amended by striking brigadier generals and and inserting and Space Force brigadier generals; regular Navy. (iv) The heading of section 636 is amended by striking officers in grades above brigadier general and and inserting and Space Force officers in grades above brigadier general; regular Navy officers in grades above.", "id": "idca2f0205440a4158b03b911ffebaac7d", "header": "Dopma officer personnel provisions", "nested": [], "links": [ { "text": "Chapter 36", "legal-doc": "usc", "parsable-cite": "usc-chapter/26/36" }, { "text": "Section 613a", "legal-doc": "usc", "parsable-cite": "usc/26/613a" }, { "text": "Section 615(a)", "legal-doc": "usc", "parsable-cite": "usc/26/615" }, { "text": "Section 619(a)", "legal-doc": "usc", "parsable-cite": "usc/26/619" }, { "text": "Section 625(b)", "legal-doc": "usc", "parsable-cite": "usc/26/625" }, { "text": "Section 626", "legal-doc": "usc", "parsable-cite": "usc/26/626" }, { "text": "Section 628a", "legal-doc": "usc", "parsable-cite": "usc/26/628a" }, { "text": "section 618", "legal-doc": "usc", "parsable-cite": "usc/26/618" }, { "text": "section 20211", "legal-doc": "usc", "parsable-cite": "usc/26/20211" }, { "text": "section 20241", "legal-doc": "usc", "parsable-cite": "usc/26/20241" }, { "text": "Section 629", "legal-doc": "usc", "parsable-cite": "usc/26/629" }, { "text": "Section 633(a)", "legal-doc": "usc", "parsable-cite": "usc/26/633" }, { "text": "section 637(b)", "legal-doc": "usc", "parsable-cite": "usc/26/637" }, { "text": "637a", "legal-doc": "usc", "parsable-cite": "usc/26/637a" }, { "text": "Section 634(a)", "legal-doc": "usc", "parsable-cite": "usc/26/634" }, { "text": "section 637(b)", "legal-doc": "usc", "parsable-cite": "usc/26/637" }, { "text": "637a", "legal-doc": "usc", "parsable-cite": "usc/26/637a" }, { "text": "Section 635", "legal-doc": "usc", "parsable-cite": "usc/26/635" }, { "text": "section 637(b)", "legal-doc": "usc", "parsable-cite": "usc/26/637" }, { "text": "637a", "legal-doc": "usc", "parsable-cite": "usc/26/637a" }, { "text": "Section 636(a)", "legal-doc": "usc", "parsable-cite": "usc/26/636" }, { "text": "section 637(b)", "legal-doc": "usc", "parsable-cite": "usc/26/637" }, { "text": "637a", "legal-doc": "usc", "parsable-cite": "usc/26/637a" }, { "text": "section 633", "legal-doc": "usc", "parsable-cite": "usc/26/633" }, { "text": "section 634", "legal-doc": "usc", "parsable-cite": "usc/26/634" }, { "text": "section 635", "legal-doc": "usc", "parsable-cite": "usc/26/635" }, { "text": "section 636", "legal-doc": "usc", "parsable-cite": "usc/26/636" } ] }, { "text": "(c) Management policies for joint qualified officers \nSection 661(a) of such title is amended— (1) by striking Marine Corps, and Space Force and inserting and Marine Corps ; and (2) by inserting , and officers of the Space Force on the Space Force officer list, after active-duty list.", "id": "id33f305858a534af5a81b72e3b9b0726c", "header": "Management policies for joint qualified officers", "nested": [], "links": [ { "text": "Section 661(a)", "legal-doc": "usc", "parsable-cite": "usc/26/661" } ] }, { "text": "(d) Leave \nChapter 40 of such title is amended as follows: (1) Entitlement and accumulation \nSection 701 is amended— (A) in subsection (h)— (i) by inserting at the end of paragraph (2) the following new subparagraph: (D) A member of the Space Force in a Space Force active status on sustained duty or subject to a call or order to active duty for a period in excess of 12 months. ; and (ii) in paragraphs (5)(B) and (6), by inserting , or of the Space Force, after member of a reserve component ; and (B) in subsection (i), by inserting , or of the Space Force, after member of a reserve component. (2) Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken \nSection 707a(a)(1) is amended by inserting or 20503 after section 1182(c)(2). (3) Career flexibility to enhance retention of members \nSection 710 is amended— (A) in subsection (a), by inserting or of the Space Force after regular components ; (B) in subsection (b)(2), by inserting , or a Space Force officer in a Space Force active status not on active duty under section 20105(b) of this title, after officer ; (C) in subsection (c)(1), by inserting before the period at the end the following: or, in the case of a member of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a Space Force active status ; and (D) in subsection (g)(1)(A), by striking chapter 36 or 1405 and inserting chapter 36, 1405, or 2005.", "id": "ideb74e5d70bab4dff8c53069e8d5b8468", "header": "Leave", "nested": [], "links": [ { "text": "Chapter 40", "legal-doc": "usc", "parsable-cite": "usc-chapter/26/40" }, { "text": "Section 701", "legal-doc": "usc", "parsable-cite": "usc/26/701" }, { "text": "Section 707a(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/707a" }, { "text": "Section 710", "legal-doc": "usc", "parsable-cite": "usc/26/710" }, { "text": "section 20105(b)", "legal-doc": "usc", "parsable-cite": "usc/26/20105" } ] }, { "text": "(e) Limitation on number of officers who may be frocked to a higher grade \nSection 777(d)(2) of such title is amended by inserting , or for the Space Force, the Space Force officer list, after active-duty list.", "id": "id0c808dc3ee1045b4a0da819ceacf24be", "header": "Limitation on number of officers who may be frocked to a higher grade", "nested": [], "links": [ { "text": "Section 777(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/777" } ] }, { "text": "(f) Uniform code of military justice \nChapter 47 of such title (the Uniform Code of Military Justice), is amended as follows: (1) Persons subject to ucmj \nSection 802 (article 2) is amended— (A) in subsection (a)— (i) in paragraph (1), by inserting and members of the Space Force on active duty under section 20105 of this title, after regular component of the armed forces, ; (ii) in paragraph (3)(A)(i), by inserting or the Space Force after reserve component ; (iii) in paragraph (5), by inserting , or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, after a reserve component ; and (iv) by adding at the end the following new paragraph: (14) Retired members of the Space Force who qualified for a regular retirement under section 20603 of this title and are receiving retired pay. ; and (B) in subsection (d)— (i) in paragraph (1), by inserting or the Space Force after reserve component ; (ii) in paragraph (2), by inserting or the Space Force after a reserve component ; and (iii) in paragraph (4), by inserting or the Space Force after in a regular component of the armed forces. (2) Jurisdiction to try certain personnel \nSubsection (d) of section 803 (article 3) is amended by inserting, or the Space Force after reserve component. (3) Articles to be explained \nSection 937 (article 137) is amended— (A) in subsection (a)(1)— (i) by striking or at the end of subparagraph (A); (ii) by striking the period at the end of subparagraph (B) and inserting ; or ; and (iii) by adding at the end the following new subparagraph: (C) the member’s initial entrance on active duty or into a Space Force active status. ; (B) in subsection (a)(2)— (i) by striking and at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following new subparagraph: (B) after a member of Space Force has completed six months of sustained duty or in the case of a member not on sustained duty, after the member has completed basic or recruit training; and ; (C) in subsection (b)(1)(B), by inserting or the Space Force after in a reserve component ; and (D) in subsection (d)(1), by striking or to a member of a reserve component, and inserting , to a member of a reserve component, or to a member of the Space Force,.", "id": "id818e9dd33e594b178d5fea11862ecfde", "header": "Uniform code of military justice", "nested": [], "links": [ { "text": "Chapter 47", "legal-doc": "usc", "parsable-cite": "usc-chapter/26/47" }, { "text": "section 20105", "legal-doc": "usc", "parsable-cite": "usc/26/20105" }, { "text": "section 20603", "legal-doc": "usc", "parsable-cite": "usc/26/20603" } ] }, { "text": "(g) Restriction on performance of civil functions by officers on active duty \nSection 973(b)(1) of such title 10 is amended— (1) by striking and at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (D) to an officer on the Space Force officer list serving on active duty under section 20105(b) of this title or under a call or order to active duty for a period in excess of 270 days..", "id": "idb1ef93e8936d4c489b09e0102df28c38", "header": "Restriction on performance of civil functions by officers on active duty", "nested": [], "links": [ { "text": "Section 973(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/973" }, { "text": "section 20105(b)", "legal-doc": "usc", "parsable-cite": "usc/26/20105" } ] }, { "text": "(h) Use of commissary stores and mwr retail facilities \nSection 1063 of such title is amended— (1) in subsection (c)— (A) in the heading, by inserting and space force after reserve ; and (B) by inserting or the Space Force after reserve component ; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (3) by inserting after subsection (c) the following new subsection (d): (d) Members of the Space Force \nA member of the Space Force in a Space Force active status who is not on sustained duty shall be permitted to use commissary stores and MWR retail facilities under the same conditions as specified in subsection (a) for a member of the Selected Reserve. ; and (4) in subsection (e), as redesignated by paragraph (2), by striking subsection (a) or (b) in paragraph (1) and inserting subsection (a), (b), or (d).", "id": "id3c4644af978943cbae26493f0d183baf", "header": "Use of commissary stores and mwr retail facilities", "nested": [], "links": [ { "text": "Section 1063", "legal-doc": "usc", "parsable-cite": "usc/26/1063" } ] }, { "text": "(i) Members involuntary separated \n(1) Eligibility for certain benefits and services \nSection 1141 of such title is amended— (A) by striking and at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting a semicolon; and (C) by adding at the end the following new paragraphs: (5) in the case of an officer of the Space Force (other than a retired officer), the officer is involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force; and (6) in the case of an enlisted member of the Space Force, the member is— (A) denied reenlistment; or (B) involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force.. (2) Separation pay \nSection 1174(a)(2) of such title is amended by striking , Marine Corps, or Space Force both places it appears and inserting or Marine Corps.", "id": "id4d7ca6d76afd4ceebcaace40793c97b5", "header": "Members involuntary separated", "nested": [], "links": [ { "text": "Section 1141", "legal-doc": "usc", "parsable-cite": "usc/26/1141" }, { "text": "Section 1174(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/1174" } ] }, { "text": "(j) Boards for the correction of military records \nChapter 79 of such title is amended as follows: (1) Review of actions of selection boards and correction of military records \nSection 1558 is amended— (A) inserting , or the Space Force, after reserve component each place it appears; and (B) in subsection (b)— (i) in paragraph (1)(C), by striking section 628 or 14502 and inserting section 628, 14502, or 20252 ; (ii) in paragraph (2)(A), by striking or 14705 and inserting 14507, or 20403 ; and (iii) in paragraph (2)(B)(i), by striking or 14101(a) and inserting 14101(a), or 20211. (2) Title of air force service review agency \n(A) Sections 1555(c)(3) and 1557(f)(3) are amended by inserting the Department of after Air Force,. (B) Section 1556(a) is amended by inserting the Department of after the Army Review Boards Agency,. (C) Section 1559(c)(3) is amended by inserting the Department of after Air Force,.", "id": "id5d27b55eeff34c73bbfef72cf48c55f4", "header": "Boards for the correction of military records", "nested": [], "links": [ { "text": "Chapter 79", "legal-doc": "usc", "parsable-cite": "usc-chapter/26/79" }, { "text": "Section 1558", "legal-doc": "usc", "parsable-cite": "usc/26/1558" }, { "text": "Sections 1555(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/1555" }, { "text": " 1557(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/1557" }, { "text": "Section 1556(a)", "legal-doc": "usc", "parsable-cite": "usc/26/1556" }, { "text": "Section 1559(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/1559" } ] }, { "text": "(k) Military family programs \nChapter 88 of such title is amended as follows: (1) Members of department of defense military readiness council \nSection 1781a(b)(1)(B)(iii) is amended— (A) by striking member and and inserting member, ; and (B) by inserting , and one of whom shall be the spouse or parent of a member of the Space Force after parent of a reserve component member. (2) Department of defense policy and plans for military family readiness \nSection 1781b is amended— (A) in subsection (b)(3), by striking military families of members of the regular components and military families of members of the reserve components and inserting military families of members of the regular components, the reserve components, and the Space Force ; and (B) in subsection (c)(2)— (i) by striking both ; and (ii) by striking military families of members of the regular components and military families of members of the reserve components and inserting military families of members of the regular components, members of the reserve components, and members of the Space Force.", "id": "id96373b4fd5a34074929f28bde9808863", "header": "Military family programs", "nested": [], "links": [ { "text": "Chapter 88", "legal-doc": "usc", "parsable-cite": "usc-chapter/26/88" }, { "text": "Section 1781a(b)(1)(B)(iii)", "legal-doc": "usc", "parsable-cite": "usc/26/1781a" }, { "text": "Section 1781b", "legal-doc": "usc", "parsable-cite": "usc/26/1781b" } ] }, { "text": "(l) Training and education programs \n(1) Payment of tuition for off-duty training or education \nSection 2007 of such title is amended by adding at the end the following new subsection: (g) The provisions of this section pertaining to members of the Ready Reserve, the Selected Reserve, or the Individual Ready Reserve also apply to members of the Space Force in a Space Force active status who are not on active duty.. (2) Rotc financial assistant program for specially selected members \nSection 2107 of such title is amended— (A) in subsection (a)— (i) by striking Navy, and inserting Navy or ; and (ii) by striking Marine Corps, or as an officer in the equivalent grade in the Space Force and inserting or Marine Corps ; and (B) by adding at the end the following new subsection: (k) Applicability to Space Force \n(1) Provisions of this section referring to a regular commission, regular officer, or a commission in a regular component shall be treated as also referring to the commission of an officer, or an officer, who is a commissioned officer in the Space Force serving on active duty pursuant to section 20105(b) of this title. (2) Provisions of this section referring to a reserve commission, reserve officer, or a commission in a reserve component shall be treated as also referring to the commission of an officer, or an officer, who is a commissioned officer in the Space Force not serving on active duty pursuant to section 20105(b) of this title.. (3) Duty as rotc administrators and instructors \nSection 2111 of such title is amended by adding at the end the following new sentence: The Secretary of the Air Force may detail members of the Space Force in the same manner as regular and reserve members of the Air Force..", "id": "id6b29e8f785b541e8b1331a8595bc17e4", "header": "Training and education programs", "nested": [], "links": [ { "text": "Section 2007", "legal-doc": "usc", "parsable-cite": "usc/26/2007" }, { "text": "Section 2107", "legal-doc": "usc", "parsable-cite": "usc/26/2107" }, { "text": "section 20105(b)", "legal-doc": "usc", "parsable-cite": "usc/26/20105" }, { "text": "section 20105(b)", "legal-doc": "usc", "parsable-cite": "usc/26/20105" }, { "text": "Section 2111", "legal-doc": "usc", "parsable-cite": "usc/26/2111" } ] } ], "links": [ { "text": "Section 115a(d)(3)(F)", "legal-doc": "usc", "parsable-cite": "usc/26/115a" }, { "text": "section 20105(b)", "legal-doc": "usc", "parsable-cite": "usc/26/20105" }, { "text": "Section 123a(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/123a" }, { "text": "Section 164(e)(4)", "legal-doc": "usc", "parsable-cite": "usc/26/164" }, { "text": "Section 482(a)", "legal-doc": "usc", "parsable-cite": "usc/26/482" }, { "text": "Chapter 36", "legal-doc": "usc", "parsable-cite": "usc-chapter/26/36" }, { "text": "Section 613a", "legal-doc": "usc", "parsable-cite": "usc/26/613a" }, { "text": "Section 615(a)", "legal-doc": "usc", "parsable-cite": "usc/26/615" }, { "text": "Section 619(a)", "legal-doc": "usc", "parsable-cite": "usc/26/619" }, { "text": "Section 625(b)", "legal-doc": "usc", "parsable-cite": "usc/26/625" }, { "text": "Section 626", "legal-doc": "usc", "parsable-cite": "usc/26/626" }, { "text": "Section 628a", "legal-doc": "usc", "parsable-cite": "usc/26/628a" }, { "text": "section 618", "legal-doc": "usc", "parsable-cite": "usc/26/618" }, { "text": "section 20211", "legal-doc": "usc", "parsable-cite": "usc/26/20211" }, { "text": "section 20241", "legal-doc": "usc", "parsable-cite": "usc/26/20241" }, { "text": "Section 629", "legal-doc": "usc", "parsable-cite": "usc/26/629" }, { "text": "Section 633(a)", "legal-doc": "usc", "parsable-cite": "usc/26/633" }, { "text": "section 637(b)", "legal-doc": "usc", "parsable-cite": "usc/26/637" }, { "text": "637a", "legal-doc": "usc", "parsable-cite": "usc/26/637a" }, { "text": "Section 634(a)", "legal-doc": "usc", "parsable-cite": "usc/26/634" }, { "text": "section 637(b)", "legal-doc": "usc", "parsable-cite": "usc/26/637" }, { "text": "637a", "legal-doc": "usc", "parsable-cite": "usc/26/637a" }, { "text": "Section 635", "legal-doc": "usc", "parsable-cite": "usc/26/635" }, { "text": "section 637(b)", "legal-doc": "usc", "parsable-cite": "usc/26/637" }, { "text": "637a", "legal-doc": "usc", "parsable-cite": "usc/26/637a" }, { "text": "Section 636(a)", "legal-doc": "usc", "parsable-cite": "usc/26/636" }, { "text": "section 637(b)", "legal-doc": "usc", "parsable-cite": "usc/26/637" }, { "text": "637a", "legal-doc": "usc", "parsable-cite": "usc/26/637a" }, { "text": "section 633", "legal-doc": "usc", "parsable-cite": "usc/26/633" }, { "text": "section 634", "legal-doc": "usc", "parsable-cite": "usc/26/634" }, { "text": "section 635", "legal-doc": "usc", "parsable-cite": "usc/26/635" }, { "text": "section 636", "legal-doc": "usc", "parsable-cite": "usc/26/636" }, { "text": "Section 661(a)", "legal-doc": "usc", "parsable-cite": "usc/26/661" }, { "text": "Chapter 40", "legal-doc": "usc", "parsable-cite": "usc-chapter/26/40" }, { "text": "Section 701", "legal-doc": "usc", "parsable-cite": "usc/26/701" }, { "text": "Section 707a(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/707a" }, { "text": "Section 710", "legal-doc": "usc", "parsable-cite": "usc/26/710" }, { "text": "section 20105(b)", "legal-doc": "usc", "parsable-cite": "usc/26/20105" }, { "text": "Section 777(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/777" }, { "text": "Chapter 47", "legal-doc": "usc", "parsable-cite": "usc-chapter/26/47" }, { "text": "section 20105", "legal-doc": "usc", "parsable-cite": "usc/26/20105" }, { "text": "section 20603", "legal-doc": "usc", "parsable-cite": "usc/26/20603" }, { "text": "Section 973(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/973" }, { "text": "section 20105(b)", "legal-doc": "usc", "parsable-cite": "usc/26/20105" }, { "text": "Section 1063", "legal-doc": "usc", "parsable-cite": "usc/26/1063" }, { "text": "Section 1141", "legal-doc": "usc", "parsable-cite": "usc/26/1141" }, { "text": "Section 1174(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/1174" }, { "text": "Chapter 79", "legal-doc": "usc", "parsable-cite": "usc-chapter/26/79" }, { "text": "Section 1558", "legal-doc": "usc", "parsable-cite": "usc/26/1558" }, { "text": "Sections 1555(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/1555" }, { "text": " 1557(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/1557" }, { "text": "Section 1556(a)", "legal-doc": "usc", "parsable-cite": "usc/26/1556" }, { "text": "Section 1559(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/1559" }, { "text": "Chapter 88", "legal-doc": "usc", "parsable-cite": "usc-chapter/26/88" }, { "text": "Section 1781a(b)(1)(B)(iii)", "legal-doc": "usc", "parsable-cite": "usc/26/1781a" }, { "text": "Section 1781b", "legal-doc": "usc", "parsable-cite": "usc/26/1781b" }, { "text": "Section 2007", "legal-doc": "usc", "parsable-cite": "usc/26/2007" }, { "text": "Section 2107", "legal-doc": "usc", "parsable-cite": "usc/26/2107" }, { "text": "section 20105(b)", "legal-doc": "usc", "parsable-cite": "usc/26/20105" }, { "text": "section 20105(b)", "legal-doc": "usc", "parsable-cite": "usc/26/20105" }, { "text": "Section 2111", "legal-doc": "usc", "parsable-cite": "usc/26/2111" } ] }, { "text": "1833. Title 38, United States Code (veterans’ benefits) \n(a) Definitions \n(1) General definitions \nSection 101 of title 38, United States Code, is amended— (A) in paragraph (23), by inserting , or for members of the Space Force in a Space Force active status (as defined in section 101(e)(1) of title 10), after (including commissioned officers of the Reserve Corps of the Public Health Service) both places it appears; and (B) in paragraph (27)— (i) by striking subparagraph (E); and (ii) by redesignating subparagraphs (F), (G), and (H) as subparagraphs (E), (F), and (G), respectively. (2) Definitions for purposes of sgli \nSection 1965 of such title is amended— (A) in paragraph (2)(A), by inserting , or by members of the Space Force in a Space Force active status (as defined in section 101(e)(1) of title 10) but not on sustained duty under section 20105 of title 10, after for Reserves ; and (B) in paragraph (3)(A), by inserting , or for members of the Space Force in a Space Force active status (as defined in section 101(e)(1) of title 10), after (including commissioned officers of the Reserve Corps of the Public Health Service). (b) Persons eligible for interment in national cemeteries \nSection 2402(a) of such title is amended in paragraph (2), by inserting any member of the Space Force, after a Reserve component of the Armed Forces,. (c) Educational assistance \n(1) Montgomery gi bill \nSection 3011(a)(3)(D) of such title is amended by inserting or for further service in the Space Force in a Space Force active status not on sustained duty under section 20105 of title 10 after of the Armed Forces,. (2) Post 9–11 gi bill \nSection 3311(c)(3) of such title is amended by inserting , or for further service in the Space Force in a Space Force active status not on sustained duty under section 20105 of title 10, after of the Armed Forces the second place it appears.", "id": "id84c8e3679b4d46a39210f18b1ce976a6", "header": "Title 38, United States Code (veterans’ benefits)", "nested": [ { "text": "(a) Definitions \n(1) General definitions \nSection 101 of title 38, United States Code, is amended— (A) in paragraph (23), by inserting , or for members of the Space Force in a Space Force active status (as defined in section 101(e)(1) of title 10), after (including commissioned officers of the Reserve Corps of the Public Health Service) both places it appears; and (B) in paragraph (27)— (i) by striking subparagraph (E); and (ii) by redesignating subparagraphs (F), (G), and (H) as subparagraphs (E), (F), and (G), respectively. (2) Definitions for purposes of sgli \nSection 1965 of such title is amended— (A) in paragraph (2)(A), by inserting , or by members of the Space Force in a Space Force active status (as defined in section 101(e)(1) of title 10) but not on sustained duty under section 20105 of title 10, after for Reserves ; and (B) in paragraph (3)(A), by inserting , or for members of the Space Force in a Space Force active status (as defined in section 101(e)(1) of title 10), after (including commissioned officers of the Reserve Corps of the Public Health Service).", "id": "id624702d43b0c46caad33973ebefcd769", "header": "Definitions", "nested": [], "links": [ { "text": "Section 1965", "legal-doc": "usc", "parsable-cite": "usc/26/1965" } ] }, { "text": "(b) Persons eligible for interment in national cemeteries \nSection 2402(a) of such title is amended in paragraph (2), by inserting any member of the Space Force, after a Reserve component of the Armed Forces,.", "id": "id1759ba7c0277415b9eb74f750bc1961f", "header": "Persons eligible for interment in national cemeteries", "nested": [], "links": [ { "text": "Section 2402(a)", "legal-doc": "usc", "parsable-cite": "usc/26/2402" } ] }, { "text": "(c) Educational assistance \n(1) Montgomery gi bill \nSection 3011(a)(3)(D) of such title is amended by inserting or for further service in the Space Force in a Space Force active status not on sustained duty under section 20105 of title 10 after of the Armed Forces,. (2) Post 9–11 gi bill \nSection 3311(c)(3) of such title is amended by inserting , or for further service in the Space Force in a Space Force active status not on sustained duty under section 20105 of title 10, after of the Armed Forces the second place it appears.", "id": "idcfc96fc1df99423aa20a7807068e33dc", "header": "Educational assistance", "nested": [], "links": [ { "text": "Section 3011(a)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/26/3011" }, { "text": "Section 3311(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/3311" } ] } ], "links": [ { "text": "Section 1965", "legal-doc": "usc", "parsable-cite": "usc/26/1965" }, { "text": "Section 2402(a)", "legal-doc": "usc", "parsable-cite": "usc/26/2402" }, { "text": "Section 3011(a)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/26/3011" }, { "text": "Section 3311(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/3311" } ] }, { "text": "1841. Transition period \nIn this subtitle, the term transition period means the period beginning on the date of the enactment of this Act and ending on the last day of the fourth fiscal year beginning after the date of the enactment of this Act.", "id": "idfe877a3cdcf34cb58a31302648161417", "header": "Transition period", "nested": [], "links": [] }, { "text": "1842. Change of duty status of members of the Space Force \n(a) Change of duty status \n(1) Conversion of status and order to sustained duty \nDuring the transition period, the Secretary of the Air Force shall change the duty status of each member of the Regular Space Force to Space Force active status and shall, at the same time, order the member to sustained duty under section 20105 of title 10, United States Code, as added by section 1715 of this Act. Any such order may be made without regard to any otherwise applicable requirement that such an order be made only with the consent of the member or as specified in an enlistment agreement or active-duty service commitment. (2) Definitions \nFor purposes of this section, the terms Space Force active status and sustained duty have the meanings given those terms by subsection (e) of section 101 of title 10, United States Code, as added by section 1713(a). (b) Effective date of change of duty status \nThe change of a member’s duty status and order to sustained duty in accordance with subsection (a) shall be effective on the date specified by the Secretary of the Air Force, but not later than the last day of the transition period.", "id": "id7e736cf39bcf44ad8028ecb784efa69d", "header": "Change of duty status of members of the Space Force", "nested": [ { "text": "(a) Change of duty status \n(1) Conversion of status and order to sustained duty \nDuring the transition period, the Secretary of the Air Force shall change the duty status of each member of the Regular Space Force to Space Force active status and shall, at the same time, order the member to sustained duty under section 20105 of title 10, United States Code, as added by section 1715 of this Act. Any such order may be made without regard to any otherwise applicable requirement that such an order be made only with the consent of the member or as specified in an enlistment agreement or active-duty service commitment. (2) Definitions \nFor purposes of this section, the terms Space Force active status and sustained duty have the meanings given those terms by subsection (e) of section 101 of title 10, United States Code, as added by section 1713(a).", "id": "ide43bc7e1cc074083ab9f1825b3d2a0c9", "header": "Change of duty status", "nested": [], "links": [] }, { "text": "(b) Effective date of change of duty status \nThe change of a member’s duty status and order to sustained duty in accordance with subsection (a) shall be effective on the date specified by the Secretary of the Air Force, but not later than the last day of the transition period.", "id": "id5c140b4340104b959256b4914067e457", "header": "Effective date of change of duty status", "nested": [], "links": [] } ], "links": [] }, { "text": "1843. Transfer to the Space Force of members of the Air Force Reserve and the Air National Guard \n(a) Transfer of members of the air force reserve \n(1) Officers \nDuring the transition period, the Secretary of Defense may, with the officer’s consent, transfer a covered officer of the Air Force Reserve or the Air National Guard to, and appoint the officer in, the Space Force. (2) Enlisted members \nDuring the transition period, the Secretary of the Air Force may transfer each covered enlisted member of the Air Force Reserve or the Air National Guard to the Space Force, other than those members who do not consent to the transfer. (3) Effective date of transfers \nEach transfer under this subsection shall be effective on the date specified by the Secretary of Defense, in the case of an officer, or the Secretary of the Air Force, in the case of an enlisted member, but not later than the last day of the transition period. (b) Regulations \nTransfers under subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense. In the case of an officer, applicable regulations shall include those prescribed pursuant to section 716 of title 10, United States Code. (c) Term of initial enlistment in Space Force \nIn the case of a covered enlisted member who is transferred to the Space Force in accordance with subsection (a), the Secretary of the Air Force may accept the initial enlistment of the member in the Space Force for a period of less than 2 years, but only if the period of enlistment in the Space Force is not less than the period remaining, as of the date of the transfer, in the member’s term of enlistment in the Air Force Reserve. (d) End strength adjustments upon transfers from air force reserve or Air National Guard to Space Force \nDuring the transition period, upon the transfer of a mission of the Air Force Reserve or the Air National Guard to the Space Force— (1) the end strength authorized for the Space Force pursuant to section 115(a)(1)(A) of title 10, United States Code, for the fiscal year during which the transfer occurs shall be increased by the number of billets associated with that mission; and (2) the end strength authorized for the Air Force Reserve and the Air National Guard pursuant to section 115(a)(2) of such title for such fiscal year shall be decreased by the same number. (e) Administrative provisions \nFor purposes of the transfer of covered members of the Air Force Reserve in accordance with subsection (a)— (1) the Air Force Reserve, the Air National Guard, and the Space Force shall be considered to be components of the same Armed Force; and (2) the Space Force officer list shall be considered to be an active-duty list of an Armed Force. (f) Retraining and reassignment for members not transferring \nIf a covered member of the Air Force Reserve or the Air National Guard does not consent to transfer to the Space Force in accordance with subsection (a), the Secretary of the Air Force may, as determined appropriate by the Secretary in the case of the individual member, provide the member retraining and reassignment within the Air Force Reserve. (g) Covered members \nFor purposes of this section, the term covered , with respect to a member of the Air Force Reserve or the Air National Guard, means— (1) a member who as of the date of the enactment of this Act holds an Air Force specialty code for a specialty held by members of the Space Force; and (2) any other member designated by the Secretary of the Air Force for the purposes of this section.", "id": "id5e0b90cac8564fd9aef339ce8d6d1a47", "header": "Transfer to the Space Force of members of the Air Force Reserve and the Air National Guard", "nested": [ { "text": "(a) Transfer of members of the air force reserve \n(1) Officers \nDuring the transition period, the Secretary of Defense may, with the officer’s consent, transfer a covered officer of the Air Force Reserve or the Air National Guard to, and appoint the officer in, the Space Force. (2) Enlisted members \nDuring the transition period, the Secretary of the Air Force may transfer each covered enlisted member of the Air Force Reserve or the Air National Guard to the Space Force, other than those members who do not consent to the transfer. (3) Effective date of transfers \nEach transfer under this subsection shall be effective on the date specified by the Secretary of Defense, in the case of an officer, or the Secretary of the Air Force, in the case of an enlisted member, but not later than the last day of the transition period.", "id": "id87a5d2df0d2549f0a5cfec5b95e24e45", "header": "Transfer of members of the air force reserve", "nested": [], "links": [] }, { "text": "(b) Regulations \nTransfers under subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense. In the case of an officer, applicable regulations shall include those prescribed pursuant to section 716 of title 10, United States Code.", "id": "id9ebd259c3bfe4c889647031ad67a8512", "header": "Regulations", "nested": [], "links": [] }, { "text": "(c) Term of initial enlistment in Space Force \nIn the case of a covered enlisted member who is transferred to the Space Force in accordance with subsection (a), the Secretary of the Air Force may accept the initial enlistment of the member in the Space Force for a period of less than 2 years, but only if the period of enlistment in the Space Force is not less than the period remaining, as of the date of the transfer, in the member’s term of enlistment in the Air Force Reserve.", "id": "id5ff9a1bfd02a4ff1801351f6fc67ab53", "header": "Term of initial enlistment in Space Force", "nested": [], "links": [] }, { "text": "(d) End strength adjustments upon transfers from air force reserve or Air National Guard to Space Force \nDuring the transition period, upon the transfer of a mission of the Air Force Reserve or the Air National Guard to the Space Force— (1) the end strength authorized for the Space Force pursuant to section 115(a)(1)(A) of title 10, United States Code, for the fiscal year during which the transfer occurs shall be increased by the number of billets associated with that mission; and (2) the end strength authorized for the Air Force Reserve and the Air National Guard pursuant to section 115(a)(2) of such title for such fiscal year shall be decreased by the same number.", "id": "id5adeac7e4bc04059a2823f49cf20ec00", "header": "End strength adjustments upon transfers from air force reserve or Air National Guard to Space Force", "nested": [], "links": [ { "text": "section 115(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/115" } ] }, { "text": "(e) Administrative provisions \nFor purposes of the transfer of covered members of the Air Force Reserve in accordance with subsection (a)— (1) the Air Force Reserve, the Air National Guard, and the Space Force shall be considered to be components of the same Armed Force; and (2) the Space Force officer list shall be considered to be an active-duty list of an Armed Force.", "id": "id74c86f7f6a654abd9fe30e03e0b6a759", "header": "Administrative provisions", "nested": [], "links": [] }, { "text": "(f) Retraining and reassignment for members not transferring \nIf a covered member of the Air Force Reserve or the Air National Guard does not consent to transfer to the Space Force in accordance with subsection (a), the Secretary of the Air Force may, as determined appropriate by the Secretary in the case of the individual member, provide the member retraining and reassignment within the Air Force Reserve.", "id": "id017b552957eb45308b0b04993aabe2be", "header": "Retraining and reassignment for members not transferring", "nested": [], "links": [] }, { "text": "(g) Covered members \nFor purposes of this section, the term covered , with respect to a member of the Air Force Reserve or the Air National Guard, means— (1) a member who as of the date of the enactment of this Act holds an Air Force specialty code for a specialty held by members of the Space Force; and (2) any other member designated by the Secretary of the Air Force for the purposes of this section.", "id": "ide3cd6b447cc14e128e5e73da9a61c24a", "header": "Covered members", "nested": [], "links": [] } ], "links": [ { "text": "section 115(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/115" } ] }, { "text": "1844. Placement of officers on the Space Force officer list \n(a) Placement on list \nOfficers of the Space Force whose duty status is changed in accordance with section 1742, and officers of the Air Force Reserve or the Air National Guard who transfer to the Space Force in accordance with section 1743, shall be placed on the Space Force officer list in an order determined by their respective grades and dates of rank. (b) Officers of same grade and date of rank \nAmong officers of the same grade and date of rank, placement on the Space Force officer list shall be in the order of their rank as determined in accordance with section 741(c) of title 10, United States Code.", "id": "id2c119e505cb0456a962d18f5cfa4eac7", "header": "Placement of officers on the Space Force officer list", "nested": [ { "text": "(a) Placement on list \nOfficers of the Space Force whose duty status is changed in accordance with section 1742, and officers of the Air Force Reserve or the Air National Guard who transfer to the Space Force in accordance with section 1743, shall be placed on the Space Force officer list in an order determined by their respective grades and dates of rank.", "id": "id363a953f7b734a8e922971baf62e7674", "header": "Placement on list", "nested": [], "links": [] }, { "text": "(b) Officers of same grade and date of rank \nAmong officers of the same grade and date of rank, placement on the Space Force officer list shall be in the order of their rank as determined in accordance with section 741(c) of title 10, United States Code.", "id": "id46b43199db904a1d8f6a7aa8395dd354", "header": "Officers of same grade and date of rank", "nested": [], "links": [] } ], "links": [] }, { "text": "1845. Disestablishment of regular Space Force \n(a) Disestablishment \nThe Secretary of the Air Force shall disestablish the Regular Space Force not later than the end of the transition period, once there are no longer any members remaining in the Regular Space Force. The Regular Space Force shall be disestablished upon the completion of the change of duty status of all members of the Space Force pursuant to section 1742 and certification by the Secretary of the Air Force to the congressional defense committees that there are no longer any members of the Regular Space Force. (b) Publication of notice in federal register \nThe Secretary shall publish in the Federal Register notice of the disestablishment of the Regular Space Force, including the date thereof, together with any certification submitted pursuant to subsection (a). (c) Conforming repeal \n(1) Repeal \nSection 9085 of title 10, United States Code, relating to the composition of the Regular Space Force, is repealed. (2) Effective date \nThe amendment made by this subsection shall take effect on the date on which the certification is submitted under subsection (a).", "id": "ida43e442a2234405c963dbdee0b4fadb4", "header": "Disestablishment of regular Space Force", "nested": [ { "text": "(a) Disestablishment \nThe Secretary of the Air Force shall disestablish the Regular Space Force not later than the end of the transition period, once there are no longer any members remaining in the Regular Space Force. The Regular Space Force shall be disestablished upon the completion of the change of duty status of all members of the Space Force pursuant to section 1742 and certification by the Secretary of the Air Force to the congressional defense committees that there are no longer any members of the Regular Space Force.", "id": "id87f148db9e8c4241b73dc1b7394d5679", "header": "Disestablishment", "nested": [], "links": [] }, { "text": "(b) Publication of notice in federal register \nThe Secretary shall publish in the Federal Register notice of the disestablishment of the Regular Space Force, including the date thereof, together with any certification submitted pursuant to subsection (a).", "id": "idba1606595e6f40b7a8d96e9b1d5e2026", "header": "Publication of notice in federal register", "nested": [], "links": [] }, { "text": "(c) Conforming repeal \n(1) Repeal \nSection 9085 of title 10, United States Code, relating to the composition of the Regular Space Force, is repealed. (2) Effective date \nThe amendment made by this subsection shall take effect on the date on which the certification is submitted under subsection (a).", "id": "id44b84974c7e84e9aab4b78f622225c4f", "header": "Conforming repeal", "nested": [], "links": [] } ], "links": [] }, { "text": "1846. End strength flexibility \n(a) Additional authority To vary end strengths \n(1) Authority \nNotwithstanding section 115(g) of title 10, United States Code, upon determination by the Secretary of the Air Force that such action would enhance manning and readiness in essential units or in critical specialties, the Secretary may vary the end strength authorized by Congress for a fiscal year as follows: (A) Increase the end strength authorized pursuant to section 115(a)(1)(A) of such title for a fiscal year for the Space Force by a number equal to not more than 5 percent of such authorized end strength. (B) Decrease the end strength authorized pursuant to section 115(a)(1)(A) of such title for a fiscal year for the Space Force by a number equal to not more than 10 percent of such authorized end strength. (2) Termination \nThe authority provided under paragraph (1) shall terminate on the last day of the transition period. (b) Temporary exemption for the Space Force from end strength grade restrictions \nSections 517 and 523 of title 10, United States Code, shall not apply to the Space Force during the transition period.", "id": "id6a76bfcbe87b4f51a69c0506e3698b57", "header": "End strength flexibility", "nested": [ { "text": "(a) Additional authority To vary end strengths \n(1) Authority \nNotwithstanding section 115(g) of title 10, United States Code, upon determination by the Secretary of the Air Force that such action would enhance manning and readiness in essential units or in critical specialties, the Secretary may vary the end strength authorized by Congress for a fiscal year as follows: (A) Increase the end strength authorized pursuant to section 115(a)(1)(A) of such title for a fiscal year for the Space Force by a number equal to not more than 5 percent of such authorized end strength. (B) Decrease the end strength authorized pursuant to section 115(a)(1)(A) of such title for a fiscal year for the Space Force by a number equal to not more than 10 percent of such authorized end strength. (2) Termination \nThe authority provided under paragraph (1) shall terminate on the last day of the transition period.", "id": "id6321b9f06c66447385d7d12a7b1113c9", "header": "Additional authority To vary end strengths", "nested": [], "links": [ { "text": "section 115(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/115" }, { "text": "section 115(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/115" } ] }, { "text": "(b) Temporary exemption for the Space Force from end strength grade restrictions \nSections 517 and 523 of title 10, United States Code, shall not apply to the Space Force during the transition period.", "id": "id3b4624a37b034f91912c69d14fa3de86", "header": "Temporary exemption for the Space Force from end strength grade restrictions", "nested": [], "links": [] } ], "links": [ { "text": "section 115(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/115" }, { "text": "section 115(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/115" } ] }, { "text": "1847. Promotion authority flexibility \n(a) Promotion authority flexibility \nDuring the transition period, the Secretary of the Air Force may convene selection boards to consider officers on the Space Force officer list for promotion, and may promote Space Force officers selected by such boards, in accordance with any of the following provisions of title 10, United States Code: (1) Chapter 36. (2) Part III of subtitle E. (3) Chapter 2005, as added by section 1716. (b) Coordination of provisions \n(1) For a selection board convened pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with chapter 36 of such title— (A) provisions that apply to an officer of a regular component of the Armed Forces shall apply to an officer of the Space Force; and (B) the Space Force officer list shall be considered to be an active-duty list. (2) For a selection board convened pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with part III of subtitle E of such title— (A) provisions that apply to an officer of a reserve component of the Armed Forces shall apply to an officer of the Space Force; and (B) the Space Force officer list shall be considered to be a reserve active-status list. (3) For a selection board convened pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with either chapter 36 or part III of subtitle E of such title— (A) section 20213 of such title, as added by section 1716 if this Act, shall apply to the composition of the selection board; (B) the provisions of chapter 2005 of such title, as added by such section 1716, regarding officers on the Space Force officer list eligible to be considered for promotion to the grade of brigadier general or major general shall apply; (C) section 20216 of such title, as so added, shall apply; and (D) the provisions of chapter 36 or part III of subtitle E of such title, as the case may be, regarding failure of selection for promotion shall apply. (c) Effect of using new chapter 2005 authorities \nIf the Secretary of the Air Force convenes a selection board under chapter 2005 of title 10, United States Code, as added by section 1716, to consider officers on the Space Force officer list in a particular grade and competitive category for selection for promotion to the next higher grade, the Secretary may not convene a future selection board pursuant to subsection (a) to consider officers of the same grade and competitive category under chapter 36 or part III of subtitle E of such title.", "id": "id986e4f880232410283b4a850898f1642", "header": "Promotion authority flexibility", "nested": [ { "text": "(a) Promotion authority flexibility \nDuring the transition period, the Secretary of the Air Force may convene selection boards to consider officers on the Space Force officer list for promotion, and may promote Space Force officers selected by such boards, in accordance with any of the following provisions of title 10, United States Code: (1) Chapter 36. (2) Part III of subtitle E. (3) Chapter 2005, as added by section 1716.", "id": "id411b6070d53b4fcbbeec32a339e263d2", "header": "Promotion authority flexibility", "nested": [], "links": [] }, { "text": "(b) Coordination of provisions \n(1) For a selection board convened pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with chapter 36 of such title— (A) provisions that apply to an officer of a regular component of the Armed Forces shall apply to an officer of the Space Force; and (B) the Space Force officer list shall be considered to be an active-duty list. (2) For a selection board convened pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with part III of subtitle E of such title— (A) provisions that apply to an officer of a reserve component of the Armed Forces shall apply to an officer of the Space Force; and (B) the Space Force officer list shall be considered to be a reserve active-status list. (3) For a selection board convened pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with either chapter 36 or part III of subtitle E of such title— (A) section 20213 of such title, as added by section 1716 if this Act, shall apply to the composition of the selection board; (B) the provisions of chapter 2005 of such title, as added by such section 1716, regarding officers on the Space Force officer list eligible to be considered for promotion to the grade of brigadier general or major general shall apply; (C) section 20216 of such title, as so added, shall apply; and (D) the provisions of chapter 36 or part III of subtitle E of such title, as the case may be, regarding failure of selection for promotion shall apply.", "id": "ide51473d1a5014449bdd3aaf007af29f9", "header": "Coordination of provisions", "nested": [], "links": [ { "text": "chapter 36", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/36" }, { "text": "chapter 2005", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/2005" } ] }, { "text": "(c) Effect of using new chapter 2005 authorities \nIf the Secretary of the Air Force convenes a selection board under chapter 2005 of title 10, United States Code, as added by section 1716, to consider officers on the Space Force officer list in a particular grade and competitive category for selection for promotion to the next higher grade, the Secretary may not convene a future selection board pursuant to subsection (a) to consider officers of the same grade and competitive category under chapter 36 or part III of subtitle E of such title.", "id": "id90d5630e31aa4e2fa45f868af55f62ec", "header": "Effect of using new chapter 2005 authorities", "nested": [], "links": [ { "text": "chapter 2005", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/2005" } ] } ], "links": [ { "text": "chapter 36", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/36" }, { "text": "chapter 2005", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/2005" }, { "text": "chapter 2005", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/2005" } ] }, { "text": "1851. Title 10, United States Code \n(a) Amendments relating to the designation of grades for Space Force officers \nTitle 10, United States Code, is amended as follows: (1) Commissioned officer grades \nSection 9151 is amended by inserting and in the Space Force after in the Regular Air Force. (2) Rank \nSection 741(a) is amended in the table by striking and Marine Corps and inserting Marine Corps, and Space Force. (3) Definition of general officer \nSection 101(b)(4) is amended by striking or Marine Corps and inserting Marine Corps, or Space Force. (4) Temporary appointments to positions designated to carry the grade of general or lieutenant general \nSection 601(e) is amended— (A) by striking or Marine Corps, and inserting Marine Corps, or Space Force or ; and (B) by striking or the commensurate grades in the Space Force,. (5) Retired grade of officers \nSection 1370 is amended as follows: (A) Subsection (a)(2) is amended by striking rear admiral in the Navy, or the equivalent grade in the Space Force both places it appears and inserting or rear admiral in the Navy. (B) Subsection (b) is amended — (i) in paragraph (1)— (I) by striking or Marine Corps and all that follows through the Space Force, and inserting Marine Corps, or Space Force or lieutenant in the Navy, ; and (II) in subparagraph (B), by striking major general and all that follows through Space Force and inserting major general or rear admiral ; (ii) in paragraph (4), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or captain in the Navy, ; (iii) in paragraph (5)— (I) in subparagraph (A), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or lieutenant commander in the Navy, ; (II) in subparagraph (B), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or commander or captain in the Navy, ; and (III) in subparagraph (C), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or rear admiral (lower half) or rear admiral in the Navy, ; and (iv) in paragraph (6), by striking , or an equivalent grade in the Space Force,. (C) Subsection (c)(1) is amended by striking or Marine Corps and all that follows through Space Force and inserting Marine Corps, or Space Force or vice admiral or admiral in the Navy. (D) Subsection (d) is amended— (i) in paragraph (1), by striking or Marine Corps and all that follows through Space Force and inserting Marine Corps, or Space Force or rear admiral in the Navy ; and (ii) in paragraph (3), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or captain in the Navy,. (E) Subsection (e)(2) is amended by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or vice admiral or admiral in the Navy,. (F) Subsection (f) is amended — (i) in paragraph (3)— (I) in subparagraph (A), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or rear admiral in the Navy ; and (II) in subparagraph (B), by striking or Marine Corps and all that follows through Space Force and inserting Marine Corps, or Space Force or vice admiral or admiral in the Navy ; and (ii) in paragraph (6)— (I) in subparagraph (A), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or rear admiral in the Navy ; and (II) in subparagraph (B), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or vice admiral or admiral in the Navy. (6) Honorary promotions \nSections 1563(c)(1) and 1563a(a)(1) are each amended— (A) by striking general, and inserting general or ; and (B) by striking , or an equivalent grade in the Space Force. (7) Air force inspector general \nSection 9020(a) is amended by striking the general, flag, or equivalent officers of. (b) Other title 10 amendments \nSuch title is further amended as follows: (1) Limitation on number of retired members ordered to active duty \nSection 690(a) is amended by striking or Marine Corps, and inserting Marine Corps, or Space Force,. (2) The uniform \nSection 772(i) is amended— (A) by striking an Air Force School and inserting an Air Force or Space Force school ; and (B) by striking aviation badges of the Air Force and inserting aviation or space badges of the Air Force or Space Force. (3) Membership in military unions, organizing of military unions, and recognition of military unions prohibited \nSection 976(a)(1)(C) is amended by inserting or the Space Force after member of a Reserve component. (4) Limitation on enlisted aides \nSection 981 is amended— (A) in subsection (a), by striking Marine Corps, Air Force, and inserting Air Force, Marine Corps, Space Force, ; (B) in subsection (b), by striking and Marine Corps and inserting Marine Corps, and Space Force ; and (C) in subsection (c)(1), by inserting Space Force, after Marine Corps,. (5) Definition of veteran for purposes of funeral honors \nSection 1491(h)(1) is amended by striking or air service and inserting air, or space service. (6) Housing for recruits \nSection 9419(d) is amended by inserting or the Space Force after training program of the Air Force. (7) Charter of chief of space operations \nSection 9082 is amended as follows: (A) Cross-reference correction \nSubsection (d)(5) is amended by striking sections and all that follows through of law and inserting sections 171 and 3104 of this title and other provisions of law. (B) Elapsed-time provision \nSubsection (e)(1) is amended by striking Commencing and all that follows through the Chief and inserting The Chief.", "id": "id7d9ec1fed3b740159ffa072f961ae349", "header": "Title 10, United States Code", "nested": [ { "text": "(a) Amendments relating to the designation of grades for Space Force officers \nTitle 10, United States Code, is amended as follows: (1) Commissioned officer grades \nSection 9151 is amended by inserting and in the Space Force after in the Regular Air Force. (2) Rank \nSection 741(a) is amended in the table by striking and Marine Corps and inserting Marine Corps, and Space Force. (3) Definition of general officer \nSection 101(b)(4) is amended by striking or Marine Corps and inserting Marine Corps, or Space Force. (4) Temporary appointments to positions designated to carry the grade of general or lieutenant general \nSection 601(e) is amended— (A) by striking or Marine Corps, and inserting Marine Corps, or Space Force or ; and (B) by striking or the commensurate grades in the Space Force,. (5) Retired grade of officers \nSection 1370 is amended as follows: (A) Subsection (a)(2) is amended by striking rear admiral in the Navy, or the equivalent grade in the Space Force both places it appears and inserting or rear admiral in the Navy. (B) Subsection (b) is amended — (i) in paragraph (1)— (I) by striking or Marine Corps and all that follows through the Space Force, and inserting Marine Corps, or Space Force or lieutenant in the Navy, ; and (II) in subparagraph (B), by striking major general and all that follows through Space Force and inserting major general or rear admiral ; (ii) in paragraph (4), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or captain in the Navy, ; (iii) in paragraph (5)— (I) in subparagraph (A), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or lieutenant commander in the Navy, ; (II) in subparagraph (B), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or commander or captain in the Navy, ; and (III) in subparagraph (C), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or rear admiral (lower half) or rear admiral in the Navy, ; and (iv) in paragraph (6), by striking , or an equivalent grade in the Space Force,. (C) Subsection (c)(1) is amended by striking or Marine Corps and all that follows through Space Force and inserting Marine Corps, or Space Force or vice admiral or admiral in the Navy. (D) Subsection (d) is amended— (i) in paragraph (1), by striking or Marine Corps and all that follows through Space Force and inserting Marine Corps, or Space Force or rear admiral in the Navy ; and (ii) in paragraph (3), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or captain in the Navy,. (E) Subsection (e)(2) is amended by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or vice admiral or admiral in the Navy,. (F) Subsection (f) is amended — (i) in paragraph (3)— (I) in subparagraph (A), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or rear admiral in the Navy ; and (II) in subparagraph (B), by striking or Marine Corps and all that follows through Space Force and inserting Marine Corps, or Space Force or vice admiral or admiral in the Navy ; and (ii) in paragraph (6)— (I) in subparagraph (A), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or rear admiral in the Navy ; and (II) in subparagraph (B), by striking or Marine Corps and all that follows through Space Force, and inserting Marine Corps, or Space Force or vice admiral or admiral in the Navy. (6) Honorary promotions \nSections 1563(c)(1) and 1563a(a)(1) are each amended— (A) by striking general, and inserting general or ; and (B) by striking , or an equivalent grade in the Space Force. (7) Air force inspector general \nSection 9020(a) is amended by striking the general, flag, or equivalent officers of.", "id": "ide4dbb317a6334321a8bb7241d6afba80", "header": "Amendments relating to the designation of grades for Space Force officers", "nested": [], "links": [ { "text": "Section 9151", "legal-doc": "usc", "parsable-cite": "usc/26/9151" }, { "text": "Section 741(a)", "legal-doc": "usc", "parsable-cite": "usc/26/741" }, { "text": "Section 101(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/26/101" }, { "text": "Section 601(e)", "legal-doc": "usc", "parsable-cite": "usc/26/601" }, { "text": "Section 1370", "legal-doc": "usc", "parsable-cite": "usc/26/1370" }, { "text": "Sections 1563(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/1563" }, { "text": " 1563a(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/1563a" }, { "text": "Section 9020(a)", "legal-doc": "usc", "parsable-cite": "usc/26/9020" } ] }, { "text": "(b) Other title 10 amendments \nSuch title is further amended as follows: (1) Limitation on number of retired members ordered to active duty \nSection 690(a) is amended by striking or Marine Corps, and inserting Marine Corps, or Space Force,. (2) The uniform \nSection 772(i) is amended— (A) by striking an Air Force School and inserting an Air Force or Space Force school ; and (B) by striking aviation badges of the Air Force and inserting aviation or space badges of the Air Force or Space Force. (3) Membership in military unions, organizing of military unions, and recognition of military unions prohibited \nSection 976(a)(1)(C) is amended by inserting or the Space Force after member of a Reserve component. (4) Limitation on enlisted aides \nSection 981 is amended— (A) in subsection (a), by striking Marine Corps, Air Force, and inserting Air Force, Marine Corps, Space Force, ; (B) in subsection (b), by striking and Marine Corps and inserting Marine Corps, and Space Force ; and (C) in subsection (c)(1), by inserting Space Force, after Marine Corps,. (5) Definition of veteran for purposes of funeral honors \nSection 1491(h)(1) is amended by striking or air service and inserting air, or space service. (6) Housing for recruits \nSection 9419(d) is amended by inserting or the Space Force after training program of the Air Force. (7) Charter of chief of space operations \nSection 9082 is amended as follows: (A) Cross-reference correction \nSubsection (d)(5) is amended by striking sections and all that follows through of law and inserting sections 171 and 3104 of this title and other provisions of law. (B) Elapsed-time provision \nSubsection (e)(1) is amended by striking Commencing and all that follows through the Chief and inserting The Chief.", "id": "id0ebd9d8c078d4d779806255802e619d9", "header": "Other title 10 amendments", "nested": [], "links": [ { "text": "Section 690(a)", "legal-doc": "usc", "parsable-cite": "usc/26/690" }, { "text": "Section 772(i)", "legal-doc": "usc", "parsable-cite": "usc/26/772" }, { "text": "Section 976(a)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/26/976" }, { "text": "Section 981", "legal-doc": "usc", "parsable-cite": "usc/26/981" }, { "text": "Section 1491(h)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/1491" }, { "text": "Section 9419(d)", "legal-doc": "usc", "parsable-cite": "usc/26/9419" }, { "text": "Section 9082", "legal-doc": "usc", "parsable-cite": "usc/26/9082" } ] } ], "links": [ { "text": "Section 9151", "legal-doc": "usc", "parsable-cite": "usc/26/9151" }, { "text": "Section 741(a)", "legal-doc": "usc", "parsable-cite": "usc/26/741" }, { "text": "Section 101(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/26/101" }, { "text": "Section 601(e)", "legal-doc": "usc", "parsable-cite": "usc/26/601" }, { "text": "Section 1370", "legal-doc": "usc", "parsable-cite": "usc/26/1370" }, { "text": "Sections 1563(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/1563" }, { "text": " 1563a(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/1563a" }, { "text": "Section 9020(a)", "legal-doc": "usc", "parsable-cite": "usc/26/9020" }, { "text": "Section 690(a)", "legal-doc": "usc", "parsable-cite": "usc/26/690" }, { "text": "Section 772(i)", "legal-doc": "usc", "parsable-cite": "usc/26/772" }, { "text": "Section 976(a)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/26/976" }, { "text": "Section 981", "legal-doc": "usc", "parsable-cite": "usc/26/981" }, { "text": "Section 1491(h)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/1491" }, { "text": "Section 9419(d)", "legal-doc": "usc", "parsable-cite": "usc/26/9419" }, { "text": "Section 9082", "legal-doc": "usc", "parsable-cite": "usc/26/9082" } ] }, { "text": "1852. Other provisions of law \n(a) Trade act of 1974 \nSection 233(i)(1) of the Trade Act of 1974 ( 19 U.S.C. 2293(i)(1) ) is amended by inserting , or a member of the Space Force, after a member of a reserve component of the Armed Forces. (b) Title 28, united states code (judiciary and judicial procedure) \nSection 631(c) of title 28, United States Code is amended by inserting , members of the Space Force before , and members of the Army National Guard. (c) Servicemembers civil relief act \nThe Servicemembers Civil Relief Act ( 50 U.S.C. 3901 et seq. ) is amended as follows: (1) Definition of military service \nSection 101(2)(A) ( 50 U.S.C. 3911(2)(A) ) is amended by inserting Space Force, after Marine Corps,. (2) Same rights and protections as reserves ordered to report for military service \nSection 106 ( 50 U.S.C. 3917 ) is amended by adding at the end the following new subsection: (c) Treatment of members of Space Force \nThe provisions of subsection (a) apply to a member of the Space Force who is ordered to report for military service in the same manner as to a member of a reserve component who is ordered to report for military service.. (3) Exercise of rights under scra \nSection 108(5) ( 50 U.S.C. 3919(5) ) is amended by inserting or as a member of the Space Force before the period at the end.", "id": "id8daaa4159004499fb6d2f6fbc28c1240", "header": "Other provisions of law", "nested": [ { "text": "(a) Trade act of 1974 \nSection 233(i)(1) of the Trade Act of 1974 ( 19 U.S.C. 2293(i)(1) ) is amended by inserting , or a member of the Space Force, after a member of a reserve component of the Armed Forces.", "id": "ide2250ab333c949e4898c41d5097f8784", "header": "Trade act of 1974", "nested": [], "links": [ { "text": "19 U.S.C. 2293(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/19/2293" } ] }, { "text": "(b) Title 28, united states code (judiciary and judicial procedure) \nSection 631(c) of title 28, United States Code is amended by inserting , members of the Space Force before , and members of the Army National Guard.", "id": "idab40ce2394e4402f8d5f7fbcc79197f4", "header": "Title 28, united states code (judiciary and judicial procedure)", "nested": [], "links": [] }, { "text": "(c) Servicemembers civil relief act \nThe Servicemembers Civil Relief Act ( 50 U.S.C. 3901 et seq. ) is amended as follows: (1) Definition of military service \nSection 101(2)(A) ( 50 U.S.C. 3911(2)(A) ) is amended by inserting Space Force, after Marine Corps,. (2) Same rights and protections as reserves ordered to report for military service \nSection 106 ( 50 U.S.C. 3917 ) is amended by adding at the end the following new subsection: (c) Treatment of members of Space Force \nThe provisions of subsection (a) apply to a member of the Space Force who is ordered to report for military service in the same manner as to a member of a reserve component who is ordered to report for military service.. (3) Exercise of rights under scra \nSection 108(5) ( 50 U.S.C. 3919(5) ) is amended by inserting or as a member of the Space Force before the period at the end.", "id": "idcc3ead20a2474dd3b8b1ca13bb55a169", "header": "Servicemembers civil relief act", "nested": [], "links": [ { "text": "50 U.S.C. 3901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3901" }, { "text": "50 U.S.C. 3911(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/50/3911" }, { "text": "50 U.S.C. 3917", "legal-doc": "usc", "parsable-cite": "usc/50/3917" }, { "text": "50 U.S.C. 3919(5)", "legal-doc": "usc", "parsable-cite": "usc/50/3919" } ] } ], "links": [ { "text": "19 U.S.C. 2293(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/19/2293" }, { "text": "50 U.S.C. 3901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3901" }, { "text": "50 U.S.C. 3911(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/50/3911" }, { "text": "50 U.S.C. 3917", "legal-doc": "usc", "parsable-cite": "usc/50/3917" }, { "text": "50 U.S.C. 3919(5)", "legal-doc": "usc", "parsable-cite": "usc/50/3919" } ] }, { "text": "2001. Short title \nThis division may be cited as the Military Construction Authorization Act for Fiscal Year 2024.", "id": "id01a1ecc63e2e469893ad9c4dfc88ca48", "header": "Short title", "nested": [], "links": [] }, { "text": "2002. Expiration of authorizations and amounts required to be specified by law \n(a) Expiration of authorizations after three years \nExcept as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2026; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027. (b) Exception \nSubsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2026; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2027 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.", "id": "id0ecd56fe146840fc9b1adeb3ba1413be", "header": "Expiration of authorizations and amounts required to be specified by law", "nested": [ { "text": "(a) Expiration of authorizations after three years \nExcept as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2026; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027.", "id": "idda0c7a4730324e3387dbae82ca201f80", "header": "Expiration of authorizations after three years", "nested": [], "links": [] }, { "text": "(b) Exception \nSubsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2026; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2027 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.", "id": "id53c33f047cc0460386b0335d419315af", "header": "Exception", "nested": [], "links": [] } ], "links": [] }, { "text": "2003. Effective date \nTitles XXI through XXVII shall take effect on the later of— (1) October 1, 2023; or (2) the date of the enactment of this Act.", "id": "id0aad55cac0f14d259010757d8fd08589", "header": "Effective date", "nested": [], "links": [] }, { "text": "2101. Authorized Army construction and land acquisition projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation or Location Amount Alabama Redstone Arsenal $50,000,000 Georgia Fort Eisenhower $163,000,000 Hawaii Aliamanu Military Reservation $20,000,000 Fort Shafter $23,000,000 Helemano Military Reservation $33,000,000 Schofield Barracks $37,000,000 Kansas Fort Riley $105,000,000 Kentucky Fort Campbell $38,000,000 Louisiana Fort Johnson $13,400,000 Massachusetts Soldier Systems Center Natick $18,500,000 Michigan Detroit Arsenal $72,000,000 North Carolina Fort Liberty $154,500,000 Pennsylvania Letterkenny Army Depot $89,000,000 Texas Fort Bliss $74,000,000 Red River Army Depot $113,000,000 Washington Joint Base Lewis-McChord $100,000,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States Country Installation or Location Amount Germany Grafenwoehr $10,400,000 Hohenfels $56,000,000 (c) Prototype project \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Army may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code: Army Prototype Project State Installation Amount North Carolina Fort Liberty $85,000,000", "id": "ide9b5f6fc583c4aac9517fae12711176c", "header": "Authorized Army construction and land acquisition projects", "nested": [ { "text": "(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation or Location Amount Alabama Redstone Arsenal $50,000,000 Georgia Fort Eisenhower $163,000,000 Hawaii Aliamanu Military Reservation $20,000,000 Fort Shafter $23,000,000 Helemano Military Reservation $33,000,000 Schofield Barracks $37,000,000 Kansas Fort Riley $105,000,000 Kentucky Fort Campbell $38,000,000 Louisiana Fort Johnson $13,400,000 Massachusetts Soldier Systems Center Natick $18,500,000 Michigan Detroit Arsenal $72,000,000 North Carolina Fort Liberty $154,500,000 Pennsylvania Letterkenny Army Depot $89,000,000 Texas Fort Bliss $74,000,000 Red River Army Depot $113,000,000 Washington Joint Base Lewis-McChord $100,000,000", "id": "ide39c2036f856443a9688bab79b741e0e", "header": "Inside the United States", "nested": [], "links": [] }, { "text": "(b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States Country Installation or Location Amount Germany Grafenwoehr $10,400,000 Hohenfels $56,000,000", "id": "id00c30ddc3cb14461a1a14614c84f5dbf", "header": "Outside the United States", "nested": [], "links": [] }, { "text": "(c) Prototype project \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Army may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code: Army Prototype Project State Installation Amount North Carolina Fort Liberty $85,000,000", "id": "id7891adb317844c7cbb55f408593406e5", "header": "Prototype project", "nested": [], "links": [] } ], "links": [] }, { "text": "2102. Family housing \n(a) Construction and acquisition \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Army: Family Housing Country Installation or Location Units Amount Germany Baumholder Family Housing New Construction $78,746,000 Kwajalein Kwajalein Atoll Family Housing Replacement Construction $98,600,000 (b) Improvements to military family housing units \nSubject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may improve existing military family housing units in an amount not to exceed $100,000,000. (c) Planning and design \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $27,549,000.", "id": "idfce4788ad7854e68b5f5a9dd567209ba", "header": "Family housing", "nested": [ { "text": "(a) Construction and acquisition \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Army: Family Housing Country Installation or Location Units Amount Germany Baumholder Family Housing New Construction $78,746,000 Kwajalein Kwajalein Atoll Family Housing Replacement Construction $98,600,000", "id": "idde8665d2ba8347cabd099a9c0b28104f", "header": "Construction and acquisition", "nested": [], "links": [] }, { "text": "(b) Improvements to military family housing units \nSubject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may improve existing military family housing units in an amount not to exceed $100,000,000.", "id": "id925817b1bfe545dabbeb92b25e26cc5b", "header": "Improvements to military family housing units", "nested": [], "links": [] }, { "text": "(c) Planning and design \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $27,549,000.", "id": "id669014f7549a4718839dcbf3c3d38687", "header": "Planning and design", "nested": [], "links": [] } ], "links": [] }, { "text": "2103. Authorization of appropriations, Army \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "ideaa68e07e06d48f8aa21ca9b95d7e1fc", "header": "Authorization of appropriations, Army", "nested": [ { "text": "(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.", "id": "idfb01116134f74aee8320c2031d528725", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "idb8ba8088fede4cfda2d29b498ee0cc2b", "header": "Limitation on total cost of construction projects", "nested": [], "links": [] } ], "links": [] }, { "text": "2104. Extension of authority to use cash payments in special account from land conveyance, Natick Soldier Systems Center, Massachusetts \nSection 2844(c)(2)(C) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1865) is amended by striking October 1, 2025 and inserting October 1, 2027.", "id": "idbdfecd25282245d3bcbf73aaf11a16df", "header": "Extension of authority to use cash payments in special account from land conveyance, Natick Soldier Systems Center, Massachusetts", "nested": [], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" } ] }, { "text": "2105. Extension of authority to carry out fiscal year 2018 project at Kunsan Air Base, Korea \n(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorization set forth in the table in subsection (b), as provided in section 2101(b) of that Act (131 Stat. 1819) and extended and modified by subsections (a) and (b) of section 2106 of the Military Construction Act for Fiscal Year 2023 (division B of Public Law 117–263 ), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (b) Table \nThe table referred to in subsection (a) is as follows: Army: Extension of 2018 Project Authorization Country Installation or Location Project Original Authorized Amount Korea Kunsan Air Base Unmanned Aerial Vehicle Hangar $53,000,000", "id": "id677277aa47af4d2e8c7a0e4c99a1387c", "header": "Extension of authority to carry out fiscal year 2018 project at Kunsan Air Base, Korea", "nested": [ { "text": "(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorization set forth in the table in subsection (b), as provided in section 2101(b) of that Act (131 Stat. 1819) and extended and modified by subsections (a) and (b) of section 2106 of the Military Construction Act for Fiscal Year 2023 (division B of Public Law 117–263 ), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.", "id": "id66516b5672ee47bb8551eb5da6a402d5", "header": "Extension", "nested": [], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(b) Table \nThe table referred to in subsection (a) is as follows: Army: Extension of 2018 Project Authorization Country Installation or Location Project Original Authorized Amount Korea Kunsan Air Base Unmanned Aerial Vehicle Hangar $53,000,000", "id": "id236203a1326e47938682daba3f92f6fe", "header": "Table", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "2106. Extension of authority to carry out certain fiscal year 2019 projects \n(a) Army construction and land acquisition \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2101 of that Act (132 Stat. 2241), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Army: Extension of 2019 Project Authorizations State/Country Installation or Location Project Original Authorized Amount Korea Camp Tango Command and Control Facility $17,500,000 Maryland Fort Meade Cantonment Area Roads $16,500,000 (b) Overseas contingency operations \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2901 of that Act (132 Stat. 2286), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Army: Extension of 2019 Project Authorizations Country Installation or Location Project Original Authorized Amount Bulgaria Nevo Selo FOS EDI: Ammunition Holding Area $5,200,000 Romania Mihail Kogalniceanu FOS EDI: Explosives & Ammo Load/Unload Apron. $21,651,000", "id": "id317153010084423b9a82d7d545c973e9", "header": "Extension of authority to carry out certain fiscal year 2019 projects", "nested": [ { "text": "(a) Army construction and land acquisition \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2101 of that Act (132 Stat. 2241), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Army: Extension of 2019 Project Authorizations State/Country Installation or Location Project Original Authorized Amount Korea Camp Tango Command and Control Facility $17,500,000 Maryland Fort Meade Cantonment Area Roads $16,500,000", "id": "id34341cb3d1cb4e0ca66c19017ac6371e", "header": "Army construction and land acquisition", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "(b) Overseas contingency operations \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2901 of that Act (132 Stat. 2286), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Army: Extension of 2019 Project Authorizations Country Installation or Location Project Original Authorized Amount Bulgaria Nevo Selo FOS EDI: Ammunition Holding Area $5,200,000 Romania Mihail Kogalniceanu FOS EDI: Explosives & Ammo Load/Unload Apron. $21,651,000", "id": "id112770b337a64afe8d6c0d57efee96df", "header": "Overseas contingency operations", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] } ], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "2107. Extension of authority to carry out certain fiscal year 2021 projects \n(a) Army construction and land acquisition \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorizations set forth in the table in paragraph (2), as provided in section 2101(a) of that Act (134 Stat. 4295), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Army: Extension of 2021 Project Authorizations State Installation or Location Project Original Authorized Amount Arizona Yuma Proving Ground Ready Building $14,000,000 Georgia Fort Gillem Forensic Lab $71,000,000 Louisiana Fort Johnson Information Systems Facility $25,000,000 (b) Child development center, Georgia \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorization under section 2865 of that Act ( 10 U.S.C. 2802 note) for the project described in paragraph (2) in Fort Eisenhower, Georgia, shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Project described \nThe project described in this paragraph is the following: Army: Extension of 2021 Project Authorization State Installation or Location Project Original Authorized Amount Georgia Fort Eisenhower Child Development Center $21,000,000", "id": "ide803deff8c3d4e6aabad1f706fe3dec8", "header": "Extension of authority to carry out certain fiscal year 2021 projects", "nested": [ { "text": "(a) Army construction and land acquisition \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorizations set forth in the table in paragraph (2), as provided in section 2101(a) of that Act (134 Stat. 4295), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Army: Extension of 2021 Project Authorizations State Installation or Location Project Original Authorized Amount Arizona Yuma Proving Ground Ready Building $14,000,000 Georgia Fort Gillem Forensic Lab $71,000,000 Louisiana Fort Johnson Information Systems Facility $25,000,000", "id": "idba345e88e8dc4ea18daeaf03beb3d186", "header": "Army construction and land acquisition", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "(b) Child development center, Georgia \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorization under section 2865 of that Act ( 10 U.S.C. 2802 note) for the project described in paragraph (2) in Fort Eisenhower, Georgia, shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Project described \nThe project described in this paragraph is the following: Army: Extension of 2021 Project Authorization State Installation or Location Project Original Authorized Amount Georgia Fort Eisenhower Child Development Center $21,000,000", "id": "id7f5762e389f044e4870a4cd000d5af38", "header": "Child development center, Georgia", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 2802", "legal-doc": "usc", "parsable-cite": "usc/10/2802" } ] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 2802", "legal-doc": "usc", "parsable-cite": "usc/10/2802" } ] }, { "text": "2201. Authorized Navy construction and land acquisition projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States State Installation or Location Amount California Marine Corps Air Ground Combat Center Twentynine Palms $42,100,000 Port Hueneme $110,000,000 Connecticut Naval Submarine Base New London $331,718,000 District of Columbia Marine Barracks Washington $131,800,000 Florida Naval Air Station Whiting Field $141,500,000 Guam Andersen Air Force Base $497,620,000 Joint Region Marianas $174,540,000 Naval Base Guam $946,500,000 Hawaii Marine Corps Base Kaneohe Bay $227,350,000 Maryland Fort Meade $186,480,000 Naval Air Station Patuxent River $141,700,000 North Carolina Marine Corps Air Station Cherry Point $270,150,000 Marine Corps Base Camp Lejeune $183,780,000 Pennsylvania Naval Surface Warfare Center Philadelphia $88,200,000 Virginia Dam Neck Annex $109,680,000 Joint Expeditionary Base Little Creek - Fort Story $35,000,000 Marine Corps Base Quantico $127,120,000 Naval Station Norfolk $158,095,000 Naval Weapons Station Yorktown $221,920,000 Washington Naval Base Kitsap $245,000,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation or Location Amount Djibouti Camp Lemonnier $106,600,000 Italy Naval Air Station Sigonella $77,072,000 (c) Prototype project \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Navy may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code: Navy Prototype Project State Installation Amount Virginia Joint Expeditionary Base Little Creek - Fort Story $35,000,000", "id": "id0719fc4269584fc7b96aa3e8d60b6859", "header": "Authorized Navy construction and land acquisition projects", "nested": [ { "text": "(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States State Installation or Location Amount California Marine Corps Air Ground Combat Center Twentynine Palms $42,100,000 Port Hueneme $110,000,000 Connecticut Naval Submarine Base New London $331,718,000 District of Columbia Marine Barracks Washington $131,800,000 Florida Naval Air Station Whiting Field $141,500,000 Guam Andersen Air Force Base $497,620,000 Joint Region Marianas $174,540,000 Naval Base Guam $946,500,000 Hawaii Marine Corps Base Kaneohe Bay $227,350,000 Maryland Fort Meade $186,480,000 Naval Air Station Patuxent River $141,700,000 North Carolina Marine Corps Air Station Cherry Point $270,150,000 Marine Corps Base Camp Lejeune $183,780,000 Pennsylvania Naval Surface Warfare Center Philadelphia $88,200,000 Virginia Dam Neck Annex $109,680,000 Joint Expeditionary Base Little Creek - Fort Story $35,000,000 Marine Corps Base Quantico $127,120,000 Naval Station Norfolk $158,095,000 Naval Weapons Station Yorktown $221,920,000 Washington Naval Base Kitsap $245,000,000", "id": "id5d4e52b1dccb4d098ed5c4f6c3d42858", "header": "Inside the United States", "nested": [], "links": [] }, { "text": "(b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation or Location Amount Djibouti Camp Lemonnier $106,600,000 Italy Naval Air Station Sigonella $77,072,000", "id": "ide9d8d5e4fef340b78a126018cc5dc404", "header": "Outside the United States", "nested": [], "links": [] }, { "text": "(c) Prototype project \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Navy may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code: Navy Prototype Project State Installation Amount Virginia Joint Expeditionary Base Little Creek - Fort Story $35,000,000", "id": "id0e94634543ed4b789b432ec0cf85fc97", "header": "Prototype project", "nested": [], "links": [] } ], "links": [] }, { "text": "2202. Family housing \n(a) Construction and acquisition \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Navy: Family Housing Country Installation or Location Units Amount Guam Joint Region Marianas Replace Andersen Housing Ph 8 $121,906,000 Mariana Islands Replace Andersen Housing (AF) PH7 $83,126,000 (b) Improvements to military family housing units \nSubject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $57,740,000. (c) Planning and design \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $14,370,000.", "id": "id55d6b579187e4315a7c8e5d819613264", "header": "Family housing", "nested": [ { "text": "(a) Construction and acquisition \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Navy: Family Housing Country Installation or Location Units Amount Guam Joint Region Marianas Replace Andersen Housing Ph 8 $121,906,000 Mariana Islands Replace Andersen Housing (AF) PH7 $83,126,000", "id": "id3c9bd78160014aaeb333872216000ae1", "header": "Construction and acquisition", "nested": [], "links": [] }, { "text": "(b) Improvements to military family housing units \nSubject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $57,740,000.", "id": "id99d2ebd1f3fd447f9542fa951451adc6", "header": "Improvements to military family housing units", "nested": [], "links": [] }, { "text": "(c) Planning and design \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $14,370,000.", "id": "idd5c33ef642ec442f8aa0726e8dca304c", "header": "Planning and design", "nested": [], "links": [] } ], "links": [] }, { "text": "2203. Authorization of appropriations, Navy \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "id2673ac7d90684b1daaae71a0f114858c", "header": "Authorization of appropriations, Navy", "nested": [ { "text": "(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.", "id": "id105fd62a5125443aa729324f42a4d58e", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "ida6789912de2648a6b578bc5dbb8565c0", "header": "Limitation on total cost of construction projects", "nested": [], "links": [] } ], "links": [] }, { "text": "2204. Extension of authority to carry out certain fiscal year 2019 projects \n(a) Navy construction and land acquisition projects \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2201 of that Act (132 Stat. 2243), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Navy: Extension of 2019 Project Authorizations State/Country Installation or Location Project Original Authorized Amount Bahrain SW Asia Fleet Maintenance Facility & TOC $26,340,000 North Carolina Marine Corps Base Camp Lejeune 2nd Radio BN Complex, Phase 2 $51,300,000 South Carolina Marine Corps Air Station Beaufort Recycling/Hazardous Waste Facility $9,517,000 Washington Bangor Pier and Maintenance Facility $88,960,000 (b) Laurel bay fire station, South Carolina \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorization under section 2810 of that Act (132 Stat. 2266) for the project described in paragraph (2) shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Project described \nThe project described in this paragraph is the following:: Navy: Extension of 2019 Project Authorization State Installation or Location Project Original Authorized Amount South Carolina Marine Corps Air Station Beaufort Laurel Bay Fire Station $10,750,000 (c) Overseas contingency operations \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorization set forth in the table in paragraph (2), as provided in section 2902 of that Act (132 Stat. 2286), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Navy: Extension of 2019 Project Authorizations Country Installation or Location Project Original Authorized Amount Greece Naval Support Activity Souda Bay EDI: Joint Mobility Processing Center $41,650,000", "id": "idb95fd68f1f3a4823ad042341bdb2f015", "header": "Extension of authority to carry out certain fiscal year 2019 projects", "nested": [ { "text": "(a) Navy construction and land acquisition projects \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2201 of that Act (132 Stat. 2243), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Navy: Extension of 2019 Project Authorizations State/Country Installation or Location Project Original Authorized Amount Bahrain SW Asia Fleet Maintenance Facility & TOC $26,340,000 North Carolina Marine Corps Base Camp Lejeune 2nd Radio BN Complex, Phase 2 $51,300,000 South Carolina Marine Corps Air Station Beaufort Recycling/Hazardous Waste Facility $9,517,000 Washington Bangor Pier and Maintenance Facility $88,960,000", "id": "idab0435422d6e42d286a2017b76ee2d3f", "header": "Navy construction and land acquisition projects", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "(b) Laurel bay fire station, South Carolina \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorization under section 2810 of that Act (132 Stat. 2266) for the project described in paragraph (2) shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Project described \nThe project described in this paragraph is the following:: Navy: Extension of 2019 Project Authorization State Installation or Location Project Original Authorized Amount South Carolina Marine Corps Air Station Beaufort Laurel Bay Fire Station $10,750,000", "id": "idca5f47898f55443fa2e3de810c07b0ea", "header": "Laurel bay fire station, South Carolina", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "(c) Overseas contingency operations \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorization set forth in the table in paragraph (2), as provided in section 2902 of that Act (132 Stat. 2286), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Navy: Extension of 2019 Project Authorizations Country Installation or Location Project Original Authorized Amount Greece Naval Support Activity Souda Bay EDI: Joint Mobility Processing Center $41,650,000", "id": "id2f6bcc57bbf94d97991e9e2cb556ec9e", "header": "Overseas contingency operations", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] } ], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "2205. Extension of authority to carry out certain fiscal year 2021 projects \n(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (134 Stat. 4297), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (b) Table \nThe table referred to in subsection (a) is as follows: Navy: Extension of 2021 Project Authorizations State/Country Installation or Location Project Original Authorized Amount California Twentynine Palms Wastewater Treatment Plant $76,500,000 Guam Joint Region Marianas Joint Communication Upgrade $166,000,000 Maine NCTAMS LANT Detachment Cutler Perimeter Security $26,100,000 Nevada Fallon Range Training Complex, Phase I $29,040,000", "id": "id89f491180f0d4480a918ee9d437a7090", "header": "Extension of authority to carry out certain fiscal year 2021 projects", "nested": [ { "text": "(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (134 Stat. 4297), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.", "id": "id0313cde2e04544fc901664916603be37", "header": "Extension", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "(b) Table \nThe table referred to in subsection (a) is as follows: Navy: Extension of 2021 Project Authorizations State/Country Installation or Location Project Original Authorized Amount California Twentynine Palms Wastewater Treatment Plant $76,500,000 Guam Joint Region Marianas Joint Communication Upgrade $166,000,000 Maine NCTAMS LANT Detachment Cutler Perimeter Security $26,100,000 Nevada Fallon Range Training Complex, Phase I $29,040,000", "id": "idb3d27a49dd694ea3abd5a4682ba7c41b", "header": "Table", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "2301. Authorized Air Force construction and land acquisition projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation or Location Amount Florida MacDill Air Force Base $131,000,000 Patrick Space Force Base $27,000,000 Tyndall Air Force Base $252,000,000 Georgia Robins Air Force Base $115,000,000 Guam Joint Region Marianas $411,000,000 Massachusetts Hanscom Air Force Base $37,000,000 Mississippi Columbus Air Force Base $39,500,000 South Dakota Ellsworth Air Force Base $235,000,000 Texas Joint Base San Antonio-Lackland $20,000,000 Utah Hill Air Force Base $82,000,000 Wyoming F.E. Warren Air Force Base $85,000,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation or Location Amount Australia Royal Australian Air Force Base Darwin $26,000,000 Royal Australian Air Force Base Tindal $130,500,000 Norway Rygge Air Station $119,000,000 Philippines Cesar Basa Air Base $35,000,000 Spain Morón Air Base $26,000,000 United Kingdom Royal Air Force Fairford $47,000,000 Royal Air Force Lakenheath $78,000,000 (c) Prototype project \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Air Force may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code: Air Force Prototype Project State Installation Amount Massachusetts Hanscom Air Force Base $37,000,000", "id": "ida701a82f00154c1db173f933e1e5db2a", "header": "Authorized Air Force construction and land acquisition projects", "nested": [ { "text": "(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation or Location Amount Florida MacDill Air Force Base $131,000,000 Patrick Space Force Base $27,000,000 Tyndall Air Force Base $252,000,000 Georgia Robins Air Force Base $115,000,000 Guam Joint Region Marianas $411,000,000 Massachusetts Hanscom Air Force Base $37,000,000 Mississippi Columbus Air Force Base $39,500,000 South Dakota Ellsworth Air Force Base $235,000,000 Texas Joint Base San Antonio-Lackland $20,000,000 Utah Hill Air Force Base $82,000,000 Wyoming F.E. Warren Air Force Base $85,000,000", "id": "idcc23433783004667b15a55edfa50895e", "header": "Inside the United States", "nested": [], "links": [] }, { "text": "(b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation or Location Amount Australia Royal Australian Air Force Base Darwin $26,000,000 Royal Australian Air Force Base Tindal $130,500,000 Norway Rygge Air Station $119,000,000 Philippines Cesar Basa Air Base $35,000,000 Spain Morón Air Base $26,000,000 United Kingdom Royal Air Force Fairford $47,000,000 Royal Air Force Lakenheath $78,000,000", "id": "id6d3ade5c50e74ec4a45b526a4383ede0", "header": "Outside the United States", "nested": [], "links": [] }, { "text": "(c) Prototype project \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Air Force may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code: Air Force Prototype Project State Installation Amount Massachusetts Hanscom Air Force Base $37,000,000", "id": "id4356c6f60f0c45dbba6369a7e5d18b92", "header": "Prototype project", "nested": [], "links": [] } ], "links": [] }, { "text": "2302. Family housing \n(a) Improvements to military family housing units \nSubject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $229,282,000. (b) Planning and design \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $7,815,000.", "id": "id04c42d77a28445ce9000655a2218c4c4", "header": "Family housing", "nested": [ { "text": "(a) Improvements to military family housing units \nSubject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $229,282,000.", "id": "id812a7f32b54440a78d6ba7f70f75890a", "header": "Improvements to military family housing units", "nested": [], "links": [] }, { "text": "(b) Planning and design \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $7,815,000.", "id": "id37f46bb97da54616a6c5814db618f3f3", "header": "Planning and design", "nested": [], "links": [] } ], "links": [] }, { "text": "2303. Authorization of appropriations, Air Force \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "id7ad566f2019a4cc88f622e3472eb00c5", "header": "Authorization of appropriations, Air Force", "nested": [ { "text": "(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.", "id": "idaca5fffd0ba74ab5b7d9cbdecbf72df7", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "id6b4bd16658be4ee8981a3d72e3512006", "header": "Limitation on total cost of construction projects", "nested": [], "links": [] } ], "links": [] }, { "text": "2304. Extension of authority to carry out certain fiscal year 2017 projects \n(a) Air Force construction and land acquisition projects \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorizations set forth in the table in paragraph (2), as provided in section 2301(b) of that Act (130 Stat. 2697) and extended by section 2304 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–181 ; 135 Stat. 2169), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2017 Project Authorizations Country Installation or Location Project Original Authorized Amount Germany Ramstein Air Base 37 AS Squadron Operations/Aircraft Maintenance Unit $13,437,000 Spangdahlem Air Base Upgrade Hardened Aircraft Shelters for F/A–22 $2,700,000 Japan Yokota Air Force Base C–130J Corrosion Control Hangar $23,777,000 (b) Overseas contingency operations \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorization set forth in the table in paragraph (2), as provided in section 2902 of that Act (130 Stat. 2743) and extended by section 2304 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–181 ; 135 Stat. 2169), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2017 Project Authorizations Country Installation or Location Project Original Authorized Amount Germany Spangdahlem Air Base F/A–22 Low Observable/Composite Repair Facility $12,000,000", "id": "id93b90397646f4f0e8d8c1c39d7911a85", "header": "Extension of authority to carry out certain fiscal year 2017 projects", "nested": [ { "text": "(a) Air Force construction and land acquisition projects \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorizations set forth in the table in paragraph (2), as provided in section 2301(b) of that Act (130 Stat. 2697) and extended by section 2304 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–181 ; 135 Stat. 2169), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2017 Project Authorizations Country Installation or Location Project Original Authorized Amount Germany Ramstein Air Base 37 AS Squadron Operations/Aircraft Maintenance Unit $13,437,000 Spangdahlem Air Base Upgrade Hardened Aircraft Shelters for F/A–22 $2,700,000 Japan Yokota Air Force Base C–130J Corrosion Control Hangar $23,777,000", "id": "id0ef4a3f6638f49dea3aafe4b50966d2b", "header": "Air Force construction and land acquisition projects", "nested": [], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "Public Law 117–181", "legal-doc": "public-law", "parsable-cite": "pl/117/181" } ] }, { "text": "(b) Overseas contingency operations \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorization set forth in the table in paragraph (2), as provided in section 2902 of that Act (130 Stat. 2743) and extended by section 2304 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–181 ; 135 Stat. 2169), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2017 Project Authorizations Country Installation or Location Project Original Authorized Amount Germany Spangdahlem Air Base F/A–22 Low Observable/Composite Repair Facility $12,000,000", "id": "id287c8b3c53134d98a710eaafb1d26b96", "header": "Overseas contingency operations", "nested": [], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "Public Law 117–181", "legal-doc": "public-law", "parsable-cite": "pl/117/181" } ] } ], "links": [ { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "Public Law 117–181", "legal-doc": "public-law", "parsable-cite": "pl/117/181" }, { "text": "Public Law 114–328", "legal-doc": "public-law", "parsable-cite": "pl/114/328" }, { "text": "Public Law 117–181", "legal-doc": "public-law", "parsable-cite": "pl/117/181" } ] }, { "text": "2305. Extension of authority to carry out certain fiscal year 2018 projects \n(a) Air Force construction and land acquisition projects \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorization set forth in the table in paragraph (2), as provided in section 2301(a) of that Act (131 Stat. 1825) and extended by section 2304(a) of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2018 Project Authorizations State Installation or Location Project Original Authorized Amount Florida Tyndall Air Force Base Fire Station $17,000,000 (b) Overseas contingency operations \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (131 Stat. 1876) and extended by section 2304(b) of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2018 Project Authorizations Country Installation or Location Project Original Authorized Amount Hungary Kecskemet Air Base ERI: Airfield Upgrades $12,900,000 Kecskemet Air Base ERI: Construct Parallel Taxiway $30,000,000 Kecskemet Air Base ERI: Increase POL Storage Capacity $12,500,000 Luxembourg Sanem ERI: ECAOS Deployable Airbase System Storage. $67,400,000 Slovakia Malacky ERI: Airfield Upgrades $4,000,000 Malacky ERI: Increase POL Storage Capacity $20,000,000", "id": "id0971e010a592496e902098db27715c61", "header": "Extension of authority to carry out certain fiscal year 2018 projects", "nested": [ { "text": "(a) Air Force construction and land acquisition projects \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorization set forth in the table in paragraph (2), as provided in section 2301(a) of that Act (131 Stat. 1825) and extended by section 2304(a) of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2018 Project Authorizations State Installation or Location Project Original Authorized Amount Florida Tyndall Air Force Base Fire Station $17,000,000", "id": "idde323d910122477b86c055779ab33a74", "header": "Air Force construction and land acquisition projects", "nested": [], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(b) Overseas contingency operations \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (131 Stat. 1876) and extended by section 2304(b) of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2018 Project Authorizations Country Installation or Location Project Original Authorized Amount Hungary Kecskemet Air Base ERI: Airfield Upgrades $12,900,000 Kecskemet Air Base ERI: Construct Parallel Taxiway $30,000,000 Kecskemet Air Base ERI: Increase POL Storage Capacity $12,500,000 Luxembourg Sanem ERI: ECAOS Deployable Airbase System Storage. $67,400,000 Slovakia Malacky ERI: Airfield Upgrades $4,000,000 Malacky ERI: Increase POL Storage Capacity $20,000,000", "id": "idf2ccc74951cc46df98e37b94817b4eeb", "header": "Overseas contingency operations", "nested": [], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] } ], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "2306. Extension of authority to carry out certain fiscal year 2019 projects \n(a) Air Force construction and land acquisition projects \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2301 of that Act (132 Stat. 2246), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2019 Project Authorizations State/Country Installation or Location Project Original Authorized Amount Mariana Islands Tinian APR-Cargo Pad with Taxiway Extension. $46,000,000 Tinian APR-Maintenance Support Facility $4,700,000 Maryland Joint Base Andrews Child Development Center $13,000,000 Joint Base Andrews PAR Relocate Haz Cargo Pad and EOD Range. $37,000,000 New Mexico Holloman Air Force Base MQ–9 FTU Ops Facility $85,000,000 Kirtland Air Force Base Wyoming Gate Upgrade for Anti-Terrorism Compliance $7,000,000 United Kingdom Royal Air Force Lakenheath F–35 ADAL Conventional Munitions MX $9,204,000 Utah Hill Air Force Base Composite Aircraft Antenna Calibration Fac. $26,000,000 (b) Overseas contingency operations \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (132 Stat. 2287), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2019 Project Authorizations Country Installation or Location Project Original Authorized Amount Slovakia Malacky EDI: Regional Munitions Storage Area $59,000,000 United Kingdom RAF Fairford EDI: Construct DABS–FEV Storage $87,000,000 RAF Fairford EDI: Munitions Holding Area $19,000,000", "id": "id8cdb26cd41034720a646566f257b2f91", "header": "Extension of authority to carry out certain fiscal year 2019 projects", "nested": [ { "text": "(a) Air Force construction and land acquisition projects \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2301 of that Act (132 Stat. 2246), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2019 Project Authorizations State/Country Installation or Location Project Original Authorized Amount Mariana Islands Tinian APR-Cargo Pad with Taxiway Extension. $46,000,000 Tinian APR-Maintenance Support Facility $4,700,000 Maryland Joint Base Andrews Child Development Center $13,000,000 Joint Base Andrews PAR Relocate Haz Cargo Pad and EOD Range. $37,000,000 New Mexico Holloman Air Force Base MQ–9 FTU Ops Facility $85,000,000 Kirtland Air Force Base Wyoming Gate Upgrade for Anti-Terrorism Compliance $7,000,000 United Kingdom Royal Air Force Lakenheath F–35 ADAL Conventional Munitions MX $9,204,000 Utah Hill Air Force Base Composite Aircraft Antenna Calibration Fac. $26,000,000", "id": "id7eb7e48351bc49c9847ba0b45ee44fa4", "header": "Air Force construction and land acquisition projects", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "(b) Overseas contingency operations \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (132 Stat. 2287), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2019 Project Authorizations Country Installation or Location Project Original Authorized Amount Slovakia Malacky EDI: Regional Munitions Storage Area $59,000,000 United Kingdom RAF Fairford EDI: Construct DABS–FEV Storage $87,000,000 RAF Fairford EDI: Munitions Holding Area $19,000,000", "id": "idc5f109d762084901a3a871be34b111db", "header": "Overseas contingency operations", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] } ], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "2307. Extension of authority to carry out certain fiscal year 2021 projects \n(a) Air Force construction and land acquisition project \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorization set forth in the table in paragraph (2), as provided in section 2301 of that Act (134 Stat. 4299), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2021 Project Authorization State Installation or Location Project Original Authorized Amount Virginia Joint Base Langley-Eustis Access Control Point Main Gate with Lang Acq. $19,500,00 (b) Overseas contingency operations \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorizations set forth in the table in paragraph (2), as provided in section 2902 of that Act (134 Stat. 4373), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2021 Project Authorizations Country Installation or Location Project Original Authorized Amount Germany Ramstein EDI: Rapid Airfield Damage Repair Storage $36,345,000 Spangdahlem Air Base EDI: Rapid Airfield Damage Repair Storage $25,824,000", "id": "id1917d0470b794b93b0fc6d32f242606f", "header": "Extension of authority to carry out certain fiscal year 2021 projects", "nested": [ { "text": "(a) Air Force construction and land acquisition project \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorization set forth in the table in paragraph (2), as provided in section 2301 of that Act (134 Stat. 4299), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2021 Project Authorization State Installation or Location Project Original Authorized Amount Virginia Joint Base Langley-Eustis Access Control Point Main Gate with Lang Acq. $19,500,00", "id": "idb16ff3d2653d416fb59e1296a1630d9e", "header": "Air Force construction and land acquisition project", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "(b) Overseas contingency operations \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorizations set forth in the table in paragraph (2), as provided in section 2902 of that Act (134 Stat. 4373), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Air Force: Extension of 2021 Project Authorizations Country Installation or Location Project Original Authorized Amount Germany Ramstein EDI: Rapid Airfield Damage Repair Storage $36,345,000 Spangdahlem Air Base EDI: Rapid Airfield Damage Repair Storage $25,824,000", "id": "id12dae9e4d8c44f1eb18e9501c69beef3", "header": "Overseas contingency operations", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "2401. Authorized Defense Agencies construction and land acquisition projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation or Location Amount Alabama Redstone Arsenal $147,975,000 California Marine Corps Air Station Miramar $103,000,000 Naval Base Coronado $51,000,000 Naval Base San Diego $101,644,000 Delaware Dover Air Force Base $30,500,000 Maryland Fort Meade $885,000,000 Joint Base Andrews $38,300,000 Montana Great Falls International Airport $30,000,000 North Carolina Marine Corps Base Camp Lejeune $70,000,000 Utah Hill Air Force Base $14,200,000 Virginia Fort Belvoir $185,000,000 Joint Expeditionary Base Little Creek – Fort Story $61,000,000 Pentagon $30,600,000 Washington Joint Base Lewis – McChord $62,000,000 Manchester $71,000,000 Naval Undersea Warfare Center Keyport $37,000,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation or Location Amount Cuba Guantanamo Bay Naval Station $257,000,000 Germany Baumholder $57,700,000 Ramstein Air Base $181,764,000 Honduras Soto Cano Air Base $41,300,000 Japan Kadena Air Base $100,300,000 Spain Naval Station Rota $80,000,000", "id": "id363014fea55b489190e1cdd4a2bf8b20", "header": "Authorized Defense Agencies construction and land acquisition projects", "nested": [ { "text": "(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation or Location Amount Alabama Redstone Arsenal $147,975,000 California Marine Corps Air Station Miramar $103,000,000 Naval Base Coronado $51,000,000 Naval Base San Diego $101,644,000 Delaware Dover Air Force Base $30,500,000 Maryland Fort Meade $885,000,000 Joint Base Andrews $38,300,000 Montana Great Falls International Airport $30,000,000 North Carolina Marine Corps Base Camp Lejeune $70,000,000 Utah Hill Air Force Base $14,200,000 Virginia Fort Belvoir $185,000,000 Joint Expeditionary Base Little Creek – Fort Story $61,000,000 Pentagon $30,600,000 Washington Joint Base Lewis – McChord $62,000,000 Manchester $71,000,000 Naval Undersea Warfare Center Keyport $37,000,000", "id": "id5e9e31c863f54a7d84ca900c10a2e2c0", "header": "Inside the United States", "nested": [], "links": [] }, { "text": "(b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation or Location Amount Cuba Guantanamo Bay Naval Station $257,000,000 Germany Baumholder $57,700,000 Ramstein Air Base $181,764,000 Honduras Soto Cano Air Base $41,300,000 Japan Kadena Air Base $100,300,000 Spain Naval Station Rota $80,000,000", "id": "idB3F67CE501C74F33918837669A15035E", "header": "Outside the United States", "nested": [], "links": [] } ], "links": [] }, { "text": "2402. Authorized Energy Resilience and Conservation Investment Program projects \n(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Inside the United States State Installation or Location Amount California Marine Corps Air Station Miramar $30,550,000 Naval Base San Diego $6,300,000 Vandenberg Space Force Base $57,000,000 Colorado Buckley Space Force Base $14,700,000 Georgia Naval Submarine Base Kings Bay $49,500,000 Kansas Forbes Field $5,850,000 Missouri Lake City Army Ammunition Plant $80,100,000 Nebraska Offutt Air Force Base $41,000,000 North Carolina Fort Liberty (Camp Mackall) $10,500,000 Oklahoma Fort Sill $76,650,000 Puerto Rico Fort Buchanan $56,000,000 Texas Fort Cavazos $18,250,000 Virginia Pentagon $2,250,000 Washington Joint Base Lewis – McChord $49,850,000 Wyoming F.E. Warren Air Force Base $25,000,000 (b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Outside the United States Country Installation or Location Amount Korea K–16 Air Base $5,650,000 Kuwait Camp Buehring $18,850,000 (c) Improvement of conveyed utility systems \nIn the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table: Improvement of Conveyed Utility Systems State Installation or Location Project Nebraska Offutt Air Force Base Microgrid and Backup Power North Carolina Fort Liberty (Camp Mackall) Microgrid and Backup Power Texas Fort Cavazos Microgrid and Backup Power Washington Joint Base Lewis – McChord Power Generation and Microgrid", "id": "id2ef5ffa62b6440b4b964cab73074475a", "header": "Authorized Energy Resilience and Conservation Investment Program projects", "nested": [ { "text": "(a) Inside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Inside the United States State Installation or Location Amount California Marine Corps Air Station Miramar $30,550,000 Naval Base San Diego $6,300,000 Vandenberg Space Force Base $57,000,000 Colorado Buckley Space Force Base $14,700,000 Georgia Naval Submarine Base Kings Bay $49,500,000 Kansas Forbes Field $5,850,000 Missouri Lake City Army Ammunition Plant $80,100,000 Nebraska Offutt Air Force Base $41,000,000 North Carolina Fort Liberty (Camp Mackall) $10,500,000 Oklahoma Fort Sill $76,650,000 Puerto Rico Fort Buchanan $56,000,000 Texas Fort Cavazos $18,250,000 Virginia Pentagon $2,250,000 Washington Joint Base Lewis – McChord $49,850,000 Wyoming F.E. Warren Air Force Base $25,000,000", "id": "id6bcad5801b3b4181a4f8179e0a819fa5", "header": "Inside the United States", "nested": [], "links": [ { "text": "chapter 173", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/173" } ] }, { "text": "(b) Outside the United States \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Outside the United States Country Installation or Location Amount Korea K–16 Air Base $5,650,000 Kuwait Camp Buehring $18,850,000", "id": "idA9E90AB4802F4E7CAEAD74A2B6E319F2", "header": "Outside the United States", "nested": [], "links": [ { "text": "chapter 173", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/173" } ] }, { "text": "(c) Improvement of conveyed utility systems \nIn the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table: Improvement of Conveyed Utility Systems State Installation or Location Project Nebraska Offutt Air Force Base Microgrid and Backup Power North Carolina Fort Liberty (Camp Mackall) Microgrid and Backup Power Texas Fort Cavazos Microgrid and Backup Power Washington Joint Base Lewis – McChord Power Generation and Microgrid", "id": "idF32ED5DA86DB4FBFBBE5028EBD156DA3", "header": "Improvement of conveyed utility systems", "nested": [], "links": [] } ], "links": [ { "text": "chapter 173", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/173" }, { "text": "chapter 173", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/173" } ] }, { "text": "2403. Authorization of appropriations, Defense Agencies \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "ide1ba311e663e42008a37309ddb8a3827", "header": "Authorization of appropriations, Defense Agencies", "nested": [ { "text": "(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.", "id": "idea57dc8d8699421bb6f37360420e642b", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Limitation on total cost of construction projects \nNotwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.", "id": "idf800263e8efc46a9a6c405a083f0ffe2", "header": "Limitation on total cost of construction projects", "nested": [], "links": [] } ], "links": [] }, { "text": "2404. Extension of authority to carry out certain fiscal year 2018 projects \n(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorizations set forth in the table in subsection (b), as provided in section 2401(b) of that Act (131 Stat. 1829) and extended by section 2404 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (b) Table \nThe table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2018 Project Authorizations Country Installation or Location Project Original Authorized Amount Japan Iwakuni Construct Bulk Storage Tanks PH 1 $30,800,000 Puerto Rico Punta Borinquen Ramey Unit School Replacement $61,071,000", "id": "idd003b90d443742f5ac31c8bf8cd6edac", "header": "Extension of authority to carry out certain fiscal year 2018 projects", "nested": [ { "text": "(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorizations set forth in the table in subsection (b), as provided in section 2401(b) of that Act (131 Stat. 1829) and extended by section 2404 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.", "id": "id0e228e9fb23748f7ac7776b138dd279b", "header": "Extension", "nested": [], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(b) Table \nThe table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2018 Project Authorizations Country Installation or Location Project Original Authorized Amount Japan Iwakuni Construct Bulk Storage Tanks PH 1 $30,800,000 Puerto Rico Punta Borinquen Ramey Unit School Replacement $61,071,000", "id": "id29690EE7C5AC41C98108CAF10867A085", "header": "Table", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "2405. Extension and modification of authority to carry out certain fiscal year 2019 projects \n(a) Extension \n(1) In general \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2401(b) of that Act (132 Stat. 2249), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Defense Agencies: Extension of 2019 Project Authorizations Country Installation or Location Project Original Authorized Amount Germany Baumholder SOF Joint Parachute Rigging Facility $11,504,000 Japan Camp McTureous Betchel Elementary School $94,851,000 Iwakuni Fuel Pier $33,200,000 (b) Modification of authority to carry out fiscal year 2019 project in Baumholder, Germany \n(1) Modification of project authority \nIn the case of the authorization contained in the table in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2249) for Baumholder, Germany, for construction of a SOF Joint Parachute Rigging Facility, the Secretary of Defense may construct a 3,200 square meter facility. (2) Modification of project amounts \n(A) Division B table \nThe authorization table in section 2401(b) of the Military Construction Defense Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2249), as extended pursuant to subsection (a), is amended in the item relating to Baumholder, Germany, by striking $11,504,000 and inserting $23,000,000 to reflect the project modification made by paragraph (1). (B) Division D table \nThe funding table in section 4601 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2406) is amended in the item relating to Defense-wide, Baumholder, Germany, SOF Joint Parachute Rigging Facility, by striking $11,504 in the Conference Authorized column and inserting $23,000 to reflect the project modification made by paragraph (1).", "id": "id45709c70936c406e86298890a33cf101", "header": "Extension and modification of authority to carry out certain fiscal year 2019 projects", "nested": [ { "text": "(a) Extension \n(1) In general \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2401(b) of that Act (132 Stat. 2249), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Defense Agencies: Extension of 2019 Project Authorizations Country Installation or Location Project Original Authorized Amount Germany Baumholder SOF Joint Parachute Rigging Facility $11,504,000 Japan Camp McTureous Betchel Elementary School $94,851,000 Iwakuni Fuel Pier $33,200,000", "id": "id9e788d6ddfc54d3eaef59ff939219449", "header": "Extension", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "(b) Modification of authority to carry out fiscal year 2019 project in Baumholder, Germany \n(1) Modification of project authority \nIn the case of the authorization contained in the table in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2249) for Baumholder, Germany, for construction of a SOF Joint Parachute Rigging Facility, the Secretary of Defense may construct a 3,200 square meter facility. (2) Modification of project amounts \n(A) Division B table \nThe authorization table in section 2401(b) of the Military Construction Defense Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2249), as extended pursuant to subsection (a), is amended in the item relating to Baumholder, Germany, by striking $11,504,000 and inserting $23,000,000 to reflect the project modification made by paragraph (1). (B) Division D table \nThe funding table in section 4601 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2406) is amended in the item relating to Defense-wide, Baumholder, Germany, SOF Joint Parachute Rigging Facility, by striking $11,504 in the Conference Authorized column and inserting $23,000 to reflect the project modification made by paragraph (1).", "id": "id06493b102f2b40e8965862d1f73d47ad", "header": "Modification of authority to carry out fiscal year 2019 project in Baumholder, Germany", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] } ], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "2406. Extension of authority to carry out certain fiscal year 2021 projects \n(a) Defense Agencies construction and land acquisition project \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorization set forth in the table in paragraph (2), as provided in section 2401(b) of that Act (134 Stat. 4305), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Defense Agencies: Extension of 2021 Project Authorization Country Installation or Location Project Original Authorized Amount Japan Def Fuel Support Point Tsurumi Fuel Wharf $49,500,000 (b) Energy Resilience and Conservation Investment Program projects \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorizations set forth in the table in paragraph (2), as provided in section 2402 of that Act (134 Stat. 4306), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in subsection (a) is as follows: ERCIP Projects: Extension of 2021 Project Authorizations State/Country Installation or Location Project Original Authorized Amount Arkansas Ebbing Air National Guard Base PV Arrays and Battery Storage $2,600,000 California Marine Corps Air Ground Combat Center Twentynine Palms Install 10 Mw Battery Energy Storage for Various Buildings $11,646,000 Military Ocean Terminal Concord Military Ocean Terminal Concord Microgrid $29,000,000 Naval Support Activity Monterey Cogeneration Plant at B236 $10,540,000 Italy Naval Support Activity Naples Smart Grid $3,490,000 Nevada Creech Air Force Base Central Standby Generators $32,000,000 Virginia Naval Medical Center Portsmouth Retro Air Handling Units From Constant Volume; Reheat to Variable Air Volume $611,000", "id": "id8f389117ad2d49eb94065b4fe7f92578", "header": "Extension of authority to carry out certain fiscal year 2021 projects", "nested": [ { "text": "(a) Defense Agencies construction and land acquisition project \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorization set forth in the table in paragraph (2), as provided in section 2401(b) of that Act (134 Stat. 4305), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in paragraph (1) is as follows: Defense Agencies: Extension of 2021 Project Authorization Country Installation or Location Project Original Authorized Amount Japan Def Fuel Support Point Tsurumi Fuel Wharf $49,500,000", "id": "id8a4bad14280a49acadb5409988ad5dcf", "header": "Defense Agencies construction and land acquisition project", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "(b) Energy Resilience and Conservation Investment Program projects \n(1) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorizations set forth in the table in paragraph (2), as provided in section 2402 of that Act (134 Stat. 4306), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (2) Table \nThe table referred to in subsection (a) is as follows: ERCIP Projects: Extension of 2021 Project Authorizations State/Country Installation or Location Project Original Authorized Amount Arkansas Ebbing Air National Guard Base PV Arrays and Battery Storage $2,600,000 California Marine Corps Air Ground Combat Center Twentynine Palms Install 10 Mw Battery Energy Storage for Various Buildings $11,646,000 Military Ocean Terminal Concord Military Ocean Terminal Concord Microgrid $29,000,000 Naval Support Activity Monterey Cogeneration Plant at B236 $10,540,000 Italy Naval Support Activity Naples Smart Grid $3,490,000 Nevada Creech Air Force Base Central Standby Generators $32,000,000 Virginia Naval Medical Center Portsmouth Retro Air Handling Units From Constant Volume; Reheat to Variable Air Volume $611,000", "id": "id05ad3c7c5d84400aa7277261eb86d41c", "header": "Energy Resilience and Conservation Investment Program projects", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "2407. Additional authority to carry out certain fiscal year 2022 projects \nIn the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table: Improvement of Conveyed Utility Systems State Installation or Location Project Alabama Fort Novosel Construct a 10 MW RICE Generator Plant and Micro-Grid Controls Georgia Fort Moore Construct 4.8MW Generation and Microgrid Fort Stewart Construct a 10 MW Generation Plant, with Microgrid Controls New York Fort Drum Well Field Expansion Project North Carolina Fort Liberty Construct 10 MW Microgrid Utilizing Existing and New Generators Fort Liberty Fort Liberty Emergency Water System", "id": "id470cb103e02444f2bdb262eede261ab0", "header": "Additional authority to carry out certain fiscal year 2022 projects", "nested": [], "links": [] }, { "text": "2408. Additional authority to carry out certain fiscal year 2023 projects \nIn the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table: Improvement of Conveyed Utility Systems State Installation or Location Project Georgia Fort Stewart – Hunter Army Airfield Power Generation and Microgrid Kansas Fort Riley Power Generation and Microgrid Texas Fort Cavazos Power Generation and Microgrid", "id": "idD1FDF53E841C432DBE40FA3354C89A02", "header": "Additional authority to carry out certain fiscal year 2023 projects", "nested": [], "links": [] }, { "text": "2501. Authorized NATO construction and land acquisition projects \nThe Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.", "id": "id1cb0c70cee6c4431b9fb2bd317982263", "header": "Authorized NATO construction and land acquisition projects", "nested": [], "links": [] }, { "text": "2502. Authorization of appropriations, NATO \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.", "id": "id1b9c6afc745c41a08cd6784f5c536d4f", "header": "Authorization of appropriations, NATO", "nested": [], "links": [] }, { "text": "2511. Republic of Korea funded construction projects \nPursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table: Republic of Korea Funded Construction Projects Component Installation or Location Project Amount Army Camp Bonifas Vehicle Maintenance Shop $7,700,000 Army Camp Carroll Humidity-Controlled Warehouse $189,000,000 Army Camp Humphreys Airfield Services Storage Warehouse $7,100,000 Army Camp Walker Consolidated Fire and Military Police Station $48,000,000 Army Pusan Warehouse Facility $40,000,000 Navy Chinhae Electrical Switchgear Building $6,000,000 Air Force Osan Air Base Consolidated Operations Group and Maintenance Group Headquarters $46,000,000 Air Force Osan Air Base Flight Line Dining Facility $6,800,000 Air Force Osan Air Base Reconnaissance Squadron Operations and Avionics Facility $30,000,000 Air Force Osan Air Base Repair Aircraft Maintenance Hangar B1732 $8,000,000 Air Force Osan Air Base Upgrade Electrical Distribution East, Phase 2 $46,000,000 Air Force Osan Air Base Water Supply Treatment Facility $22,000,000", "id": "id91316c5f211d4eaebb93088c26d0f95b", "header": "Republic of Korea funded construction projects", "nested": [], "links": [] }, { "text": "2512. Republic of Poland funded construction projects \nPursuant to agreement with the Republic of Poland for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Poland, and in the amounts, set forth in the following table: Republic of Poland Funded Construction Projects Country Installation or Location Project Amount Army Powidz Barracks and Dining Facility $93,000,000 Army Powidz Rotary Wing Aircraft Apron $35,000,000 Army Swietoszow Bulk Fuel Storage $35,000,000 Army Swietoszow Rail Extension and Railhead $7,300,000 Air Force Wroclaw Aerial Port of Debarkation Ramp $59,000,000 Air Force Wroclaw Taxiways to Aerial Port of Debarkation Ramp $39,000,000 Defense-wide Lubliniec Special Operations Forces Company Operations Facility $16,200,000", "id": "id34a6884bde4b419084fba681af1c5f29", "header": "Republic of Poland funded construction projects", "nested": [], "links": [] }, { "text": "2601. Authorized Army National Guard construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table: Army National Guard State Location Amount Arizona Surprise Readiness Center $15,000,000 Florida Camp Blanding $11,000,000 Idaho Jerome County Regional Site $17,000,000 Illinois North Riverside Armory $24,000,000 Kentucky Burlington $16,400,000 Mississippi Southaven $22,000,000 Missouri Belle Fontaine $28,000,000 New Hampshire Littleton $23,000,000 New Mexico Rio Rancho Training Site $11,000,000 New York Lexington Avenue Armory $90,000,000 Ohio Camp Perry Joint Training Center $19,200,000 Oregon Washington County Readiness Center $26,000,000 Pennsylvania Hermitage Readiness Center $13,600,000 Rhode Island North Kingstown $30,000,000 South Carolina Aiken County Readiness Center $20,000,000 McCrady Training Center $7,900,000 Virginia Sandston RC & FMS 1 $20,000,000 Wisconsin Viroqua $18,200,000", "id": "id783d6db2ee0a4d45b7a95db745b22ae2", "header": "Authorized Army National Guard construction and land acquisition projects", "nested": [], "links": [] }, { "text": "2602. Authorized Army Reserve construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table: Army Reserve State Location Amount Alabama Birmingham $57,000,000 Arizona Queen Creek $12,000,000 California Fort Hunter Liggett $40,000,000", "id": "ida8416162d8b9497aaa0433061f7c6779", "header": "Authorized Army Reserve construction and land acquisition projects", "nested": [], "links": [] }, { "text": "2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve and Marine Corps Reserve State Location Amount Michigan Battle Creek $24,549,000 Virginia Marine Forces Reserve Dam Neck Virginia Beach $12,400,000", "id": "id364304abe49749878eba33c317bca79c", "header": "Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects", "nested": [], "links": [] }, { "text": "2604. Authorized Air National Guard construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table: Air National Guard State Location Amount Alabama Montgomery Regional Airport $7,000,000 Alaska Joint Base Elmendorf – Richardson $7,000,000 Arizona Tucson International Airport $11,600,000 Arkansas Ebbing Air National Guard Base $76,000,000 Colorado Buckley Space Force Base $12,000,000 Indiana Fort Wayne International Airport $8,900,000 Oregon Portland International Airport $71,500,000 Pennsylvania Harrisburg International Airport $8,000,000 Wisconsin Truax Field $5,200,000", "id": "id0b38c081b5ac457b9f8fb542fc0c3424", "header": "Authorized Air National Guard construction and land acquisition projects", "nested": [], "links": [] }, { "text": "2605. Authorized Air Force Reserve construction and land acquisition projects \nUsing amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table: Air Force Reserve State Location Amount Arizona Davis-Monthan Air Force Base $8,500,000 California March Air Reserve Base $226,500,000 Guam Joint Region Marianas $27,000,000 Louisiana Barksdale Air Force Base $7,000,000 Texas Naval Air Station Joint Reserve Base Fort Worth $16,000,000", "id": "id4e655e4b35e24834b259c2885f94301f", "header": "Authorized Air Force Reserve construction and land acquisition projects", "nested": [], "links": [] }, { "text": "2606. Authorization of appropriations, National Guard and Reserve \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.", "id": "ide393c9d2d3f448f282f6a844104730ff", "header": "Authorization of appropriations, National Guard and Reserve", "nested": [], "links": [ { "text": "chapter 1803", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/1803" } ] }, { "text": "2607. Extension of authority to carry out fiscal year 2018 project at Hulman Regional Airport, Indiana \n(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorization set forth in the table in subsection (b), as provided in section 2604 of that Act (131 Stat. 1836) and extended by section 2608 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (b) Table \nThe table referred to in subsection (a) is as follows: National Guard and Reserve: Extension of 2018 Project Authorization State Installation or Location Project Original Authorized Amount Indiana Hulman Regional Airport Construct Small Arms Range $8,000,000", "id": "idd35898b622d04bbaad382d0eae14c51d", "header": "Extension of authority to carry out fiscal year 2018 project at Hulman Regional Airport, Indiana", "nested": [ { "text": "(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorization set forth in the table in subsection (b), as provided in section 2604 of that Act (131 Stat. 1836) and extended by section 2608 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.", "id": "id362466b86815487190aa979a98df59c7", "header": "Extension", "nested": [], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(b) Table \nThe table referred to in subsection (a) is as follows: National Guard and Reserve: Extension of 2018 Project Authorization State Installation or Location Project Original Authorized Amount Indiana Hulman Regional Airport Construct Small Arms Range $8,000,000", "id": "id902013a1f4f74a35b3764c9a50b1f9c9", "header": "Table", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "2608. Extension of authority to carry out fiscal year 2019 project at Francis S. Gabreski Airport, New York \n(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorization set forth in the table in subsection (b), as provided in section 2604 of that Act (132 Stat. 2255), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (b) Table \nThe table referred to in subsection (a) is as follows: National Guard and Reserve: Extension of 2019 Project Authorization State Installation or Location Project Original Authorized Amount New York Francis S. Gabreski Airport Security Forces/Comm. Training Facility $20,000,000", "id": "id411dcf32eed94fa782776773a4b2c2e6", "header": "Extension of authority to carry out fiscal year 2019 project at Francis S. Gabreski Airport, New York", "nested": [ { "text": "(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2240), the authorization set forth in the table in subsection (b), as provided in section 2604 of that Act (132 Stat. 2255), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.", "id": "id054963c1bfd94c46b6f6d7e7e27b2230", "header": "Extension", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "(b) Table \nThe table referred to in subsection (a) is as follows: National Guard and Reserve: Extension of 2019 Project Authorization State Installation or Location Project Original Authorized Amount New York Francis S. Gabreski Airport Security Forces/Comm. Training Facility $20,000,000", "id": "idF4DABD73D2734236BD765B1DA39647B5", "header": "Table", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "2609. Extension of authority to carry out certain fiscal year 2021 projects \n(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, and 2604 of that Act (134 Stat. 4312, 4313, 4314), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later. (b) Table \nThe table referred to in subsection (a) is as follows: National Guard and Reserve: Extension of 2021 Project Authorizations State/Country Installation or Location Project Original Authorized Amount Arkansas Fort Chaffee National Guard Readiness Center $15,000,000 California Bakersfield National Guard Vehicle Maintenance Shop $9,300,000 Colorado Peterson Space Force Base National Guard Readiness Center $15,000,000 Guam Joint Region Marianas Space Control Facility #5 $20,000,000 Ohio Columbus National Guard Readiness Center $15,000,000 Massachusetts Devens Reserve Forces Training Area Automated Multipurpose Machine Gun Range $8,700,000 North Carolina Asheville Army Reserve Center/Land $24,000,000 Puerto Rico Fort Allen National Guard Readiness Center $37,000,000 South Carolina Joint Base Charleston National Guard Readiness Center $15,000,000 Texas Fort Worth Aircraft Maintenance Hangar Addition/Alt. $6,000,000 Joint Base San Antonio F–16 Mission Training Center $10,800,000 Virgin Islands St. Croix Army Aviation Support Facility (AASF) $28,000,000 CST Ready Building $11,400,000", "id": "id614b2a959889427a9558932e1e2a81c7", "header": "Extension of authority to carry out certain fiscal year 2021 projects", "nested": [ { "text": "(a) Extension \nNotwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4294), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, and 2604 of that Act (134 Stat. 4312, 4313, 4314), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.", "id": "idcd223c54409540ffb75e8db0edb91c83", "header": "Extension", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "(b) Table \nThe table referred to in subsection (a) is as follows: National Guard and Reserve: Extension of 2021 Project Authorizations State/Country Installation or Location Project Original Authorized Amount Arkansas Fort Chaffee National Guard Readiness Center $15,000,000 California Bakersfield National Guard Vehicle Maintenance Shop $9,300,000 Colorado Peterson Space Force Base National Guard Readiness Center $15,000,000 Guam Joint Region Marianas Space Control Facility #5 $20,000,000 Ohio Columbus National Guard Readiness Center $15,000,000 Massachusetts Devens Reserve Forces Training Area Automated Multipurpose Machine Gun Range $8,700,000 North Carolina Asheville Army Reserve Center/Land $24,000,000 Puerto Rico Fort Allen National Guard Readiness Center $37,000,000 South Carolina Joint Base Charleston National Guard Readiness Center $15,000,000 Texas Fort Worth Aircraft Maintenance Hangar Addition/Alt. $6,000,000 Joint Base San Antonio F–16 Mission Training Center $10,800,000 Virgin Islands St. Croix Army Aviation Support Facility (AASF) $28,000,000 CST Ready Building $11,400,000", "id": "idE794F7E81CED42059C75C9AAC80AC5D5", "header": "Table", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "2610. Modification of authority to carry out fiscal year 2022 project at Nickell Memorial Armory, Kansas \n(a) Transfer authority \nFrom amounts appropriated for Military Construction, Army National Guard pursuant to the authorization of appropriations in section 2606 and available as specified in the funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 , 135 Stat. 2315), the Secretary of Defense may transfer not more than $420,000 to an appropriation for Military Construction, Air National Guard for use for studying, planning, designing, and architect and engineer services for a sensitive compartmented information facility project at Nickell Memorial Armory, Kansas. (b) Merger of amounts transferred \nAny amount transferred under subsection (a) shall be merged with and available for the same purposes, and for the same time period, as the Military Construction, Air National Guard appropriation to which transferred. (c) Authority \nUsing amounts transferred pursuant to subsection (a), the Secretary of the Air Force may carry out study, planning, design, and architect and engineer services activities for a sensitive compartmented information facility project at Nickell Memorial Armory, Kansas.", "id": "id0725f8cad7674953be6ef79861b3d298", "header": "Modification of authority to carry out fiscal year 2022 project at Nickell Memorial Armory, Kansas", "nested": [ { "text": "(a) Transfer authority \nFrom amounts appropriated for Military Construction, Army National Guard pursuant to the authorization of appropriations in section 2606 and available as specified in the funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 , 135 Stat. 2315), the Secretary of Defense may transfer not more than $420,000 to an appropriation for Military Construction, Air National Guard for use for studying, planning, designing, and architect and engineer services for a sensitive compartmented information facility project at Nickell Memorial Armory, Kansas.", "id": "idf9ab2dafce4a4e8db8bf942703503dcf", "header": "Transfer authority", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "(b) Merger of amounts transferred \nAny amount transferred under subsection (a) shall be merged with and available for the same purposes, and for the same time period, as the Military Construction, Air National Guard appropriation to which transferred.", "id": "id01d67924d26442b8b1d689ae8ac2c3a6", "header": "Merger of amounts transferred", "nested": [], "links": [] }, { "text": "(c) Authority \nUsing amounts transferred pursuant to subsection (a), the Secretary of the Air Force may carry out study, planning, design, and architect and engineer services activities for a sensitive compartmented information facility project at Nickell Memorial Armory, Kansas.", "id": "id3b48d2556b0d452b99020097385e1891", "header": "Authority", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "2611. Modification of authority to carry out fiscal year 2023 project at Camp Pendleton, California \nIn the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ) and specified in the funding table in section 4601 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) for Camp Pendleton, California, for construction of an Area Maintenance Support Activity, the Secretary of the Army may construct a 15,000 square foot facility.", "id": "ida4015a0bd0b14f8d8aa1018d12c886d4", "header": "Modification of authority to carry out fiscal year 2023 project at Camp Pendleton, California", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "2612. Authority to conduct restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania \nThe Chief of the National Guard Bureau may expend amounts available to the Army National Guard for facilities sustainment, restoration, and modernization to conduct restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania, if— (1) the Commonwealth of Pennsylvania has a sufficient remaining lease term for such center to realize the full lifecycle benefit of such a project; (2) the Federal contribution for such a project does not exceed 50 percent of the cost of the project (inclusive of all project costs); and (3) the Chief of the National Guard Bureau notifies the Committees on Armed Services of the Senate and the House of Representatives not less than 15 days before awarding a contract for such a project, which shall include an explanation of the sufficiency of remaining lease term to justify the investment.", "id": "iddd7cbc9dc079400a81b155981fb5c9b8", "header": "Authority to conduct restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania", "nested": [], "links": [] }, { "text": "2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account \nFunds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act, as specified in the funding table in section 4601.", "id": "id8d0cecdb817e41e4b6abdfad6c02ac65", "header": "Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account", "nested": [], "links": [ { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" } ] }, { "text": "2702. Prohibition on conducting additional base realignment and closure (BRAC) round \nNothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round.", "id": "id907AEAA70B524BC69163D7FD7FFC9057", "header": "Prohibition on conducting additional base realignment and closure (BRAC) round", "nested": [], "links": [] }, { "text": "2703. Closure and disposal of the Pueblo Chemical Depot, Pueblo County, Colorado \n(a) In general \nThe Secretary of the Army shall close the Pueblo Chemical Depot in Pueblo County, Colorado (in this section referred to as the Depot ), not later than one year after the completion of the chemical demilitarization mission at such location in accordance with the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Geneva September 3, 1992, and entered into force April 29, 1997 (commonly referred to as the Chemical Weapons Convention ). (b) Procedures \nThe Secretary of the Army shall carry out the closure and subsequent related property management and disposal of the Depot, including the land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property that comprise the Chemical Agent–Destruction Pilot Plant, in accordance with the procedures and authorities for the closure, management, and disposal of property under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note). (c) Office of Local Defense Community Cooperation activities \nThe Office of Local Defense Community Cooperation of the Department of Defense may make grants and supplement other Federal funds pursuant to section 2391 of title 10, United States Code, to support closure and reuse activities of the Depot. (d) Treatment of existing permits \nNothing in this section shall be construed to prevent the removal or demolition by the Program Executive Office, Assembled Chemical Weapons Alternatives of the Department of the Army of existing buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property of the Chemical Agent–Destruction Pilot Plant at the Depot in accordance with Hazardous Waste Permit Number CO–20–09–02–01 under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ) (commonly known as the Resource Conservation and Recovery Act of 1976 ) issued by the State of Colorado, or any associated or follow-on permits under such Act. (e) Homeless use \nGiven the nature of activities undertaken at the Chemical Agent–Destruction Pilot Plant at the Depot, such land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property comprising the Chemical Agent–Destruction Pilot Plant is deemed unsuitable for homeless use and, in carrying out any closure, management, or disposal of property under this section, need not be screened for homeless use purposes pursuant to section 2905(b)(7) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note).", "id": "ida871891ee275434c998b187e81ef0820", "header": "Closure and disposal of the Pueblo Chemical Depot, Pueblo County, Colorado", "nested": [ { "text": "(a) In general \nThe Secretary of the Army shall close the Pueblo Chemical Depot in Pueblo County, Colorado (in this section referred to as the Depot ), not later than one year after the completion of the chemical demilitarization mission at such location in accordance with the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Geneva September 3, 1992, and entered into force April 29, 1997 (commonly referred to as the Chemical Weapons Convention ).", "id": "id2ba83c66ca4e4b589fe126a6c7427495", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Procedures \nThe Secretary of the Army shall carry out the closure and subsequent related property management and disposal of the Depot, including the land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property that comprise the Chemical Agent–Destruction Pilot Plant, in accordance with the procedures and authorities for the closure, management, and disposal of property under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note).", "id": "idf55522da07704ddf901075eae3e7647e", "header": "Procedures", "nested": [], "links": [ { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" } ] }, { "text": "(c) Office of Local Defense Community Cooperation activities \nThe Office of Local Defense Community Cooperation of the Department of Defense may make grants and supplement other Federal funds pursuant to section 2391 of title 10, United States Code, to support closure and reuse activities of the Depot.", "id": "id9ce577b25c7d4006b23cdbe0f94d9158", "header": "Office of Local Defense Community Cooperation activities", "nested": [], "links": [] }, { "text": "(d) Treatment of existing permits \nNothing in this section shall be construed to prevent the removal or demolition by the Program Executive Office, Assembled Chemical Weapons Alternatives of the Department of the Army of existing buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property of the Chemical Agent–Destruction Pilot Plant at the Depot in accordance with Hazardous Waste Permit Number CO–20–09–02–01 under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ) (commonly known as the Resource Conservation and Recovery Act of 1976 ) issued by the State of Colorado, or any associated or follow-on permits under such Act.", "id": "id92a918362cc44f13a0b3286b06d984b5", "header": "Treatment of existing permits", "nested": [], "links": [ { "text": "42 U.S.C. 6901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6901" } ] }, { "text": "(e) Homeless use \nGiven the nature of activities undertaken at the Chemical Agent–Destruction Pilot Plant at the Depot, such land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property comprising the Chemical Agent–Destruction Pilot Plant is deemed unsuitable for homeless use and, in carrying out any closure, management, or disposal of property under this section, need not be screened for homeless use purposes pursuant to section 2905(b)(7) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note).", "id": "idba859bdf76494b78bd2f481b089db0a6", "header": "Homeless use", "nested": [], "links": [ { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" } ] } ], "links": [ { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" }, { "text": "42 U.S.C. 6901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6901" }, { "text": "Public Law 101–510", "legal-doc": "public-law", "parsable-cite": "pl/101/510" }, { "text": "10 U.S.C. 2687", "legal-doc": "usc", "parsable-cite": "usc/10/2687" } ] }, { "text": "2801. Authority for Indo-Pacific posture military construction projects \n(a) Authority \nThe Commander of the United States Indo-Pacific Command (in this section referred to as the Commander ) may carry out an unspecified military construction project not otherwise authorized by law or may authorize the Secretary of a military department to carry out such a project. (b) Scope of project authority \nA project carried out under this section may include any planning, designing, construction, development, conversion, extension, renovation, or repair, whether to satisfy temporary or permanent requirements, and, to the extent necessary, any acquisition of land. (c) Purposes \nA project carried out under this section shall be for the purpose of— (1) supporting the rotational deployments of the Armed Forces; (2) enhancing facility preparedness and military installation resilience (as defined in section 101(e)(8) of title 10, United States Code) in support of potential, planned, or anticipated national defense activities; or (3) providing for prepositioning and storage of equipment and supplies. (d) Location of projects \nA project carried out under this section— (1) may be located— (A) at a cooperative security location, forward operating site, or contingency location for use by the Armed Forces; or (B) at a location used by the Armed Forces that is owned or operated by Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands; and (2) may be carried out without regard to whether the real property or facilities at the location are under the jurisdiction of the Department of Defense if the Commander determines that the United States has a sufficient interest in the property or facility to support the project. (e) Maximum amount \nThe cost of any project carried out under this section may not exceed $15,000,000. (f) Available amounts \nIn carrying out a project under this section, the Commander, or the Secretary of a military department when authorized by the Commander, may use amounts authorized for— (1) the INDOPACOM Military Construction Pilot Program fund; and (2) operation and maintenance that are made available to the Commander, not to exceed 200 percent of the amount specified in section 2805(c) of title 10, United States Code. (g) Notice to Congress \n(1) In general \nIf the Commander decides to carry out a project under this section with a cost exceeding $2,000,000, the Commander shall notify the congressional defense committees of that determination in an electronic medium pursuant to section 480 of title 10, United States Code. (2) Relevant details \nNotice under paragraph (1) with respect to a project shall include relevant details of the project, including the estimated cost, and may include a classified annex. (3) Timing \nA project under this section covered by paragraph (1) may not be carried out until the end of the 14-day period beginning on the date the notification under such paragraph is received by the congressional defense committees. (h) Annual report \nNot later than December 31 of each year, the Commander shall submit to the congressional defense committees a report containing a list of projects funded, lessons learned, and, subject to the concurrence of the President, recommended adjustments to the authority under this section for the most recently ended fiscal year. (i) Project execution \n(1) Project supervision \nSubsections (a) and (b) of section 2851 of title 10, United States Code, shall not apply to projects carried out under this section. (2) Application of chapter 169 of title 10, United States Code \nWhen exercising the authority under subsection (a), the Commander shall, for purposes of chapter 169 of title 10, United States Code, be considered the Secretary concerned. (j) Sunset \nThe authority to carry out a project under this section expires on March 31, 2029.", "id": "id362a93ba9daa40ee9b3582236c88de46", "header": "Authority for Indo-Pacific posture military construction projects", "nested": [ { "text": "(a) Authority \nThe Commander of the United States Indo-Pacific Command (in this section referred to as the Commander ) may carry out an unspecified military construction project not otherwise authorized by law or may authorize the Secretary of a military department to carry out such a project.", "id": "id23c707a2d2c548f29d417cdbf919acf9", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Scope of project authority \nA project carried out under this section may include any planning, designing, construction, development, conversion, extension, renovation, or repair, whether to satisfy temporary or permanent requirements, and, to the extent necessary, any acquisition of land.", "id": "idbf29b1313e1b43c2bdc7a7fdd7eba296", "header": "Scope of project authority", "nested": [], "links": [] }, { "text": "(c) Purposes \nA project carried out under this section shall be for the purpose of— (1) supporting the rotational deployments of the Armed Forces; (2) enhancing facility preparedness and military installation resilience (as defined in section 101(e)(8) of title 10, United States Code) in support of potential, planned, or anticipated national defense activities; or (3) providing for prepositioning and storage of equipment and supplies.", "id": "idf7ebcb90b97042818a6b12cc0448dbd2", "header": "Purposes", "nested": [], "links": [] }, { "text": "(d) Location of projects \nA project carried out under this section— (1) may be located— (A) at a cooperative security location, forward operating site, or contingency location for use by the Armed Forces; or (B) at a location used by the Armed Forces that is owned or operated by Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands; and (2) may be carried out without regard to whether the real property or facilities at the location are under the jurisdiction of the Department of Defense if the Commander determines that the United States has a sufficient interest in the property or facility to support the project.", "id": "idb183cfb2586c44a7b90d87e95f0f0e53", "header": "Location of projects", "nested": [], "links": [] }, { "text": "(e) Maximum amount \nThe cost of any project carried out under this section may not exceed $15,000,000.", "id": "idc51dd0a7273047bcb1571e28f3f50628", "header": "Maximum amount", "nested": [], "links": [] }, { "text": "(f) Available amounts \nIn carrying out a project under this section, the Commander, or the Secretary of a military department when authorized by the Commander, may use amounts authorized for— (1) the INDOPACOM Military Construction Pilot Program fund; and (2) operation and maintenance that are made available to the Commander, not to exceed 200 percent of the amount specified in section 2805(c) of title 10, United States Code.", "id": "id95b375c4ed244cf0af56ed639e1b1a0e", "header": "Available amounts", "nested": [], "links": [] }, { "text": "(g) Notice to Congress \n(1) In general \nIf the Commander decides to carry out a project under this section with a cost exceeding $2,000,000, the Commander shall notify the congressional defense committees of that determination in an electronic medium pursuant to section 480 of title 10, United States Code. (2) Relevant details \nNotice under paragraph (1) with respect to a project shall include relevant details of the project, including the estimated cost, and may include a classified annex. (3) Timing \nA project under this section covered by paragraph (1) may not be carried out until the end of the 14-day period beginning on the date the notification under such paragraph is received by the congressional defense committees.", "id": "id9a12f88d03494f6a940062d732b943dd", "header": "Notice to Congress", "nested": [], "links": [] }, { "text": "(h) Annual report \nNot later than December 31 of each year, the Commander shall submit to the congressional defense committees a report containing a list of projects funded, lessons learned, and, subject to the concurrence of the President, recommended adjustments to the authority under this section for the most recently ended fiscal year.", "id": "idef021fa2595c4681a57ee7fbfcccb612", "header": "Annual report", "nested": [], "links": [] }, { "text": "(i) Project execution \n(1) Project supervision \nSubsections (a) and (b) of section 2851 of title 10, United States Code, shall not apply to projects carried out under this section. (2) Application of chapter 169 of title 10, United States Code \nWhen exercising the authority under subsection (a), the Commander shall, for purposes of chapter 169 of title 10, United States Code, be considered the Secretary concerned.", "id": "idf02e7f3fa8fe435ba5d4ce58c7a6a0e4", "header": "Project execution", "nested": [], "links": [ { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/169" }, { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/169" } ] }, { "text": "(j) Sunset \nThe authority to carry out a project under this section expires on March 31, 2029.", "id": "idf1218ecd41814a9cae55089d08e1443c", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/169" }, { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/169" } ] }, { "text": "2802. Ordering authority for maintenance, repair, and construction of facilities of Department of Defense \n(a) In general \nSubchapter I of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section: 2817. Ordering authority \n(a) In general \nThe head of a department or organization within the Department of Defense may place an order, on a reimbursable basis, with any other such department or organization for a project for the maintenance and repair of a facility of the Department of Defense or for a minor military construction project. (b) Obligations \nAn order placed by the head of a department or organization under subsection (a) is deemed to be an obligation of such department or organization in the same manner as a similar order or contract placed with a private contractor. (c) Contingency expenses \nAn order placed under subsection (a) for a project may include an amount for contingency expenses that shall not exceed 10 percent of the cost of the project. (d) Availability of amounts \nAmounts appropriated or otherwise made available to a department or organization of the Department of Defense shall be available to pay an obligation of such department or organization under this section in the same manner and to the same extent as those amounts are available to pay an obligation to a private contractor.. (b) Clerical amendment \nThe table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 2817. Ordering authority..", "id": "id7ed7baaf054348c795f481c0635ded7d", "header": "Ordering authority for maintenance, repair, and construction of facilities of Department of Defense", "nested": [ { "text": "(a) In general \nSubchapter I of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section: 2817. Ordering authority \n(a) In general \nThe head of a department or organization within the Department of Defense may place an order, on a reimbursable basis, with any other such department or organization for a project for the maintenance and repair of a facility of the Department of Defense or for a minor military construction project. (b) Obligations \nAn order placed by the head of a department or organization under subsection (a) is deemed to be an obligation of such department or organization in the same manner as a similar order or contract placed with a private contractor. (c) Contingency expenses \nAn order placed under subsection (a) for a project may include an amount for contingency expenses that shall not exceed 10 percent of the cost of the project. (d) Availability of amounts \nAmounts appropriated or otherwise made available to a department or organization of the Department of Defense shall be available to pay an obligation of such department or organization under this section in the same manner and to the same extent as those amounts are available to pay an obligation to a private contractor..", "id": "id79a27c29e2f14c47b4f93bece2fe51f1", "header": "In general", "nested": [], "links": [ { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/169" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 2817. Ordering authority..", "id": "id6f4291e0faae4267958cbb3b0414d012", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/169" } ] }, { "text": "2817. Ordering authority \n(a) In general \nThe head of a department or organization within the Department of Defense may place an order, on a reimbursable basis, with any other such department or organization for a project for the maintenance and repair of a facility of the Department of Defense or for a minor military construction project. (b) Obligations \nAn order placed by the head of a department or organization under subsection (a) is deemed to be an obligation of such department or organization in the same manner as a similar order or contract placed with a private contractor. (c) Contingency expenses \nAn order placed under subsection (a) for a project may include an amount for contingency expenses that shall not exceed 10 percent of the cost of the project. (d) Availability of amounts \nAmounts appropriated or otherwise made available to a department or organization of the Department of Defense shall be available to pay an obligation of such department or organization under this section in the same manner and to the same extent as those amounts are available to pay an obligation to a private contractor.", "id": "id0e03679b8bb5498086e37d4ba6847cac", "header": "Ordering authority", "nested": [ { "text": "(a) In general \nThe head of a department or organization within the Department of Defense may place an order, on a reimbursable basis, with any other such department or organization for a project for the maintenance and repair of a facility of the Department of Defense or for a minor military construction project.", "id": "id1cfc88913f644549a5a2e687943d7157", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Obligations \nAn order placed by the head of a department or organization under subsection (a) is deemed to be an obligation of such department or organization in the same manner as a similar order or contract placed with a private contractor.", "id": "idb39483e015014f6ca4d2799bb44e39f1", "header": "Obligations", "nested": [], "links": [] }, { "text": "(c) Contingency expenses \nAn order placed under subsection (a) for a project may include an amount for contingency expenses that shall not exceed 10 percent of the cost of the project.", "id": "id13906afff06a47de867b2f342bd58413", "header": "Contingency expenses", "nested": [], "links": [] }, { "text": "(d) Availability of amounts \nAmounts appropriated or otherwise made available to a department or organization of the Department of Defense shall be available to pay an obligation of such department or organization under this section in the same manner and to the same extent as those amounts are available to pay an obligation to a private contractor.", "id": "id1ffed826a53e42feb8a6089483b47ec7", "header": "Availability of amounts", "nested": [], "links": [] } ], "links": [] }, { "text": "2803. Application of area construction cost indices outside the United States \nSection 2805(f) of title 10, United States Code, is amended— (1) in paragraph (1), by striking inside the United States ; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2).", "id": "id3ee1080a20a949da9cc0f69600d19789", "header": "Application of area construction cost indices outside the United States", "nested": [], "links": [] }, { "text": "2804. Authorization of cost-plus incentive-fee contracting for military construction projects to mitigate risk to the Sentinel Program schedule and cost \n(a) In general \nNotwithstanding section 3323(a) of title 10, United States Code, the Secretary of Defense may authorize the use of contracts using cost-plus incentive-fee contracting for military construction projects associated with launch facilities, launch centers, and related infrastructure of the Sentinel Program of the Department of Defense for not more than one low-rate initial production lot at each of the following locations: (1) F.E. Warren Air Force Base. (2) Malmstrom Air Force Base. (3) Minot Air Force Base. (b) Briefing \nNot later than 90 days after the date of the enactment of this Act, and not less frequently than quarterly thereafter, the Secretary of Defense shall brief the congressional defense committees on the following: (1) Uncertainties with site conditions at locations specified under subsection (a). (2) The plan of the Department of Defense to transition to firm, fixed price contracts for military construction following any military construction projects carried out under subsection (a). (3) The acquisition process for military construction projects carried out under subsection (a). (4) Updates on the execution of military construction projects carried out under subsection (a).", "id": "idb3bdb9af708b4ca49b2424d74353609c", "header": "Authorization of cost-plus incentive-fee contracting for military construction projects to mitigate risk to the Sentinel Program schedule and cost", "nested": [ { "text": "(a) In general \nNotwithstanding section 3323(a) of title 10, United States Code, the Secretary of Defense may authorize the use of contracts using cost-plus incentive-fee contracting for military construction projects associated with launch facilities, launch centers, and related infrastructure of the Sentinel Program of the Department of Defense for not more than one low-rate initial production lot at each of the following locations: (1) F.E. Warren Air Force Base. (2) Malmstrom Air Force Base. (3) Minot Air Force Base.", "id": "id4d0b0487bd614181a8b05d044dbfc776", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Briefing \nNot later than 90 days after the date of the enactment of this Act, and not less frequently than quarterly thereafter, the Secretary of Defense shall brief the congressional defense committees on the following: (1) Uncertainties with site conditions at locations specified under subsection (a). (2) The plan of the Department of Defense to transition to firm, fixed price contracts for military construction following any military construction projects carried out under subsection (a). (3) The acquisition process for military construction projects carried out under subsection (a). (4) Updates on the execution of military construction projects carried out under subsection (a).", "id": "id0ba071fac9af4543968507f25da63bec", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "2805. Extensions to the Military Lands Withdrawal Act relating to Barry M. Goldwater range \n(a) Renewal of current withdrawal and reservation \nSection 3031(d)(1) of the Military Lands Withdrawal Act of 1999 ( Public Law 106–65 ; 113 Stat. 907) is amended by striking 25 years after the date of the enactment of this Act and inserting on October 5, 2049. (b) Extension \nSection 3031(e) of the Military Lands Withdrawal Act of 1999 ( Public Law 106–65 ; 113 Stat. 908) is amended— (1) in the subsection heading, by striking Initial ; and (2) in paragraph (1), by striking initial.", "id": "id7fbec29eaad744d3ac7a35627a0b76a0", "header": "Extensions to the Military Lands Withdrawal Act relating to Barry M. Goldwater range", "nested": [ { "text": "(a) Renewal of current withdrawal and reservation \nSection 3031(d)(1) of the Military Lands Withdrawal Act of 1999 ( Public Law 106–65 ; 113 Stat. 907) is amended by striking 25 years after the date of the enactment of this Act and inserting on October 5, 2049.", "id": "id0093c045c1844783abbf23435d382161", "header": "Renewal of current withdrawal and reservation", "nested": [], "links": [ { "text": "Public Law 106–65", "legal-doc": "public-law", "parsable-cite": "pl/106/65" } ] }, { "text": "(b) Extension \nSection 3031(e) of the Military Lands Withdrawal Act of 1999 ( Public Law 106–65 ; 113 Stat. 908) is amended— (1) in the subsection heading, by striking Initial ; and (2) in paragraph (1), by striking initial.", "id": "id772d047a9d5f41c3964f14ced9d04c4c", "header": "Extension", "nested": [], "links": [ { "text": "Public Law 106–65", "legal-doc": "public-law", "parsable-cite": "pl/106/65" } ] } ], "links": [ { "text": "Public Law 106–65", "legal-doc": "public-law", "parsable-cite": "pl/106/65" }, { "text": "Public Law 106–65", "legal-doc": "public-law", "parsable-cite": "pl/106/65" } ] }, { "text": "2806. Authority to lease land parcel for hospital and medical campus, Barrigada Transmitter Site, Guam \n(a) No-cost lease authorized \nThe Secretary of the Navy (in this section referred to as the Secretary ) may lease to the Government of Guam parcels of real property, including any improvements thereon, consisting of approximately 102 acres of undeveloped land and approximately 10.877 acres of utility easements in the municipality of Barrigada and Mangilao, Guam, known as the Barrigada Transmitter Site, for construction of a public hospital and medical campus, without fair market consideration. (b) Description of property \nThe exact acreage and legal description of the property to be leased under subsection (a) shall be determined by a survey satisfactory to the Secretary. (c) Appraisal not required \nThe lease under subsection (a) shall not require an appraisal. (d) Conditions of lease \n(1) Subject to certain existing encumbrances \nA lease of property under subsection (a) shall be subject to all existing easements, restrictions, and covenants of record, including restrictive covenants, that the Secretary determines are necessary to ensure that— (A) the use of the property is compatible with continued military activities by the Armed Forces of the United States in Guam; (B) the environmental condition of the property is compatible with the use of the property as a public hospital and medical campus; (C) access is available to the United States to conduct environmental remediation or monitoring as required under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) ); (D) the property is used only for a public hospital and medical campus, which may include ancillary facilities to support the hospital and campus, or as set forth in subsection (e); and (E) the public hospital and medical campus to be constructed on the property shall— (i) include— (I) an MV–22-capable helipad; (II) recompression chamber capability; and (III) perimeter fencing; and (ii) allow for the relocation of weather radar equipment owned by the United States at the hospital or campus. (2) Funding \nThe Secretary is not required to fund the construction or operation of a hospital or medical campus on the property leased under subsection (a). (3) Payment of administrative costs \nAll direct and indirect administrative costs, including for surveys, title work, document drafting, closing, and labor, incurred by the Secretary related to any lease of the property under subsection (a) shall be borne by the Government of Guam. (e) Additional terms \nThe Secretary may require such additional terms and conditions in connection with the lease under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. (f) Not to be considered excess, transferred, or disposed of \nThe property subject to any lease under subsection (a) may not be declared to be excess real property to the needs of the Navy or transferred or otherwise disposed of by the Navy or any Federal agency.", "id": "ided8646e7a39f444fb21d020c4f0ff101", "header": "Authority to lease land parcel for hospital and medical campus, Barrigada Transmitter Site, Guam", "nested": [ { "text": "(a) No-cost lease authorized \nThe Secretary of the Navy (in this section referred to as the Secretary ) may lease to the Government of Guam parcels of real property, including any improvements thereon, consisting of approximately 102 acres of undeveloped land and approximately 10.877 acres of utility easements in the municipality of Barrigada and Mangilao, Guam, known as the Barrigada Transmitter Site, for construction of a public hospital and medical campus, without fair market consideration.", "id": "id8a9ed858698848889debb9f95b790c8e", "header": "No-cost lease authorized", "nested": [], "links": [] }, { "text": "(b) Description of property \nThe exact acreage and legal description of the property to be leased under subsection (a) shall be determined by a survey satisfactory to the Secretary.", "id": "id648f7ba5c3f44451a520c7fed239d08c", "header": "Description of property", "nested": [], "links": [] }, { "text": "(c) Appraisal not required \nThe lease under subsection (a) shall not require an appraisal.", "id": "idcdbf906d59ec49db9381bce103f161f1", "header": "Appraisal not required", "nested": [], "links": [] }, { "text": "(d) Conditions of lease \n(1) Subject to certain existing encumbrances \nA lease of property under subsection (a) shall be subject to all existing easements, restrictions, and covenants of record, including restrictive covenants, that the Secretary determines are necessary to ensure that— (A) the use of the property is compatible with continued military activities by the Armed Forces of the United States in Guam; (B) the environmental condition of the property is compatible with the use of the property as a public hospital and medical campus; (C) access is available to the United States to conduct environmental remediation or monitoring as required under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) ); (D) the property is used only for a public hospital and medical campus, which may include ancillary facilities to support the hospital and campus, or as set forth in subsection (e); and (E) the public hospital and medical campus to be constructed on the property shall— (i) include— (I) an MV–22-capable helipad; (II) recompression chamber capability; and (III) perimeter fencing; and (ii) allow for the relocation of weather radar equipment owned by the United States at the hospital or campus. (2) Funding \nThe Secretary is not required to fund the construction or operation of a hospital or medical campus on the property leased under subsection (a). (3) Payment of administrative costs \nAll direct and indirect administrative costs, including for surveys, title work, document drafting, closing, and labor, incurred by the Secretary related to any lease of the property under subsection (a) shall be borne by the Government of Guam.", "id": "idfaf7190face0413b8ca10bf3c0b6b1cf", "header": "Conditions of lease", "nested": [], "links": [ { "text": "42 U.S.C. 9620(h)", "legal-doc": "usc", "parsable-cite": "usc/42/9620" } ] }, { "text": "(e) Additional terms \nThe Secretary may require such additional terms and conditions in connection with the lease under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "id906e9e56df164c59945a2874b4014df0", "header": "Additional terms", "nested": [], "links": [] }, { "text": "(f) Not to be considered excess, transferred, or disposed of \nThe property subject to any lease under subsection (a) may not be declared to be excess real property to the needs of the Navy or transferred or otherwise disposed of by the Navy or any Federal agency.", "id": "id5f3c66c5fd214247b4b7da4f86218cec", "header": "Not to be considered excess, transferred, or disposed of", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 9620(h)", "legal-doc": "usc", "parsable-cite": "usc/42/9620" } ] }, { "text": "2807. Revision to access and management of Air Force memorial \nSection 2863(e) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107 ; 115 Stat. 1332), is amended by striking the Foundation and inserting non-Federal Government entities, the Secretary of the Air Force, or both.", "id": "id0dcf865607364fd69b66260bcc4bbe70", "header": "Revision to access and management of Air Force memorial", "nested": [], "links": [ { "text": "Public Law 107–107", "legal-doc": "public-law", "parsable-cite": "pl/107/107" } ] }, { "text": "2808. Development and operation of the Marine Corps Heritage Center and the National Museum of the Marine Corps \n(a) In general \nChapter 861 of title 10, United States Code, is amended by inserting after section 8617 the following new section: 8618. Marine Corps Heritage Center and the National Museum of the Marine Corps \n(a) Joint venture for development and continued maintenance and operation \nThe Secretary of the Navy (in this section referred to as the Secretary ) may enter into a joint venture with the Marine Corps Heritage Foundation (in this section referred to as the Foundation ), a nonprofit entity, for the design, construction, maintenance, and operation of a multipurpose facility to be used for historical displays for public viewing, curation, and storage of artifacts, research facilities, classrooms, offices, and associated activities consistent with the mission of the Marine Corps University. The facility shall be known as the Marine Corps Heritage Center and the National Museum of the Marine Corps (in this section referred to as the Facility ). (b) Design and construction \nFor each phase of development of the Facility, the Secretary may— (1) permit the Foundation to contract for the design, construction, or both of such phase of development; or (2) accept funds from the Foundation for the design, construction, or both of such phase of development. (c) Acceptance authority \nUpon completion of construction of any phase of development of the Facility by the Foundation to the satisfaction of the Secretary, and the satisfaction of any financial obligations incident thereto by the Foundation, the Facility shall become the real property of the Department of the Navy with all right, title, and interest in and to the Facility belonging to the United States. (d) Maintenance, operation, and support \n(1) In general \nThe Secretary may, for the purpose of maintenance and operation of the Facility— (A) enter into contracts or cooperative agreements, on a sole-source basis, with the Foundation for the procurement of property or services for the direct benefit or use of the Facility; and (B) notwithstanding the requirements of subsection (h) of section 2667 of this title and under such terms and conditions as the Secretary considers appropriate for the joint venture authorized under subsection (a), lease in accordance with such section 2667 portions of the Facility to the Foundation for use in generating revenue for activities of the Facility and for such administrative purposes as may be necessary for support of the Facility. (2) Consideration for lease \nIn making a determination of fair market value under section 2667(b)(4) of this title for payment of consideration pursuant to a lease described in paragraph (1)(B), the Secretary may consider the entirety of the educational efforts of the Foundation, support by the Foundation to the history division of the Marine Corps Heritage Center, funding of museum programs and exhibits by the Foundation, or other support related to the Facility, in addition to the types of in-kind consideration provided under section 2667(c) of this title. (3) Use for revenue-generating activities \n(A) In general \nSubject to subparagraph (B), the Secretary may authorize the Foundation to use real or personal property within the Facility to conduct revenue-generating activities in addition to those authorized under paragraph (1)(B), as the Secretary considers appropriate considering the work of the Foundation and the needs of the Facility. (B) Limitation \nThe Secretary may only authorize the use of the Facility for a revenue-generating activity if the Secretary determines the activity will not interfere with activities and personnel of the armed forces or the activities of the Facility. (4) Retention of lease payments \nThe Secretary shall retain lease payments received under paragraph (1)(B), other than in-kind consideration authorized under paragraph (2) or section 2667(c) of this title, solely for use in support of the Facility, and funds received as lease payments shall remain available until expended. (e) Use of certain gifts \n(1) In general \nUnder regulations prescribed by the Secretary, the Commandant of the Marine Corps may, without regard to section 2601 of this title, accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of $250,000 or less made to the United States if such gift, devise, or bequest is for the benefit of the Facility. (2) Expenses \nThe Secretary may pay or authorize the payment of any reasonable and necessary expense in connection with the conveyance or transfer of a gift, devise, or bequest under paragraph (1). (f) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the joint venture authorized under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 861 of such title is amended by inserting after the item relating to section 8617 the following new item: 8618. Marine Corps Heritage Center and the National Museum of the Marine Corps.. (c) Conforming repeal \nSection 2884 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( Public Law 106–398 ; 114 Stat. 1654A–440) is repealed.", "id": "id5e68515ed8184bc4a1605f9ed5e4ecfb", "header": "Development and operation of the Marine Corps Heritage Center and the National Museum of the Marine Corps", "nested": [ { "text": "(a) In general \nChapter 861 of title 10, United States Code, is amended by inserting after section 8617 the following new section: 8618. Marine Corps Heritage Center and the National Museum of the Marine Corps \n(a) Joint venture for development and continued maintenance and operation \nThe Secretary of the Navy (in this section referred to as the Secretary ) may enter into a joint venture with the Marine Corps Heritage Foundation (in this section referred to as the Foundation ), a nonprofit entity, for the design, construction, maintenance, and operation of a multipurpose facility to be used for historical displays for public viewing, curation, and storage of artifacts, research facilities, classrooms, offices, and associated activities consistent with the mission of the Marine Corps University. The facility shall be known as the Marine Corps Heritage Center and the National Museum of the Marine Corps (in this section referred to as the Facility ). (b) Design and construction \nFor each phase of development of the Facility, the Secretary may— (1) permit the Foundation to contract for the design, construction, or both of such phase of development; or (2) accept funds from the Foundation for the design, construction, or both of such phase of development. (c) Acceptance authority \nUpon completion of construction of any phase of development of the Facility by the Foundation to the satisfaction of the Secretary, and the satisfaction of any financial obligations incident thereto by the Foundation, the Facility shall become the real property of the Department of the Navy with all right, title, and interest in and to the Facility belonging to the United States. (d) Maintenance, operation, and support \n(1) In general \nThe Secretary may, for the purpose of maintenance and operation of the Facility— (A) enter into contracts or cooperative agreements, on a sole-source basis, with the Foundation for the procurement of property or services for the direct benefit or use of the Facility; and (B) notwithstanding the requirements of subsection (h) of section 2667 of this title and under such terms and conditions as the Secretary considers appropriate for the joint venture authorized under subsection (a), lease in accordance with such section 2667 portions of the Facility to the Foundation for use in generating revenue for activities of the Facility and for such administrative purposes as may be necessary for support of the Facility. (2) Consideration for lease \nIn making a determination of fair market value under section 2667(b)(4) of this title for payment of consideration pursuant to a lease described in paragraph (1)(B), the Secretary may consider the entirety of the educational efforts of the Foundation, support by the Foundation to the history division of the Marine Corps Heritage Center, funding of museum programs and exhibits by the Foundation, or other support related to the Facility, in addition to the types of in-kind consideration provided under section 2667(c) of this title. (3) Use for revenue-generating activities \n(A) In general \nSubject to subparagraph (B), the Secretary may authorize the Foundation to use real or personal property within the Facility to conduct revenue-generating activities in addition to those authorized under paragraph (1)(B), as the Secretary considers appropriate considering the work of the Foundation and the needs of the Facility. (B) Limitation \nThe Secretary may only authorize the use of the Facility for a revenue-generating activity if the Secretary determines the activity will not interfere with activities and personnel of the armed forces or the activities of the Facility. (4) Retention of lease payments \nThe Secretary shall retain lease payments received under paragraph (1)(B), other than in-kind consideration authorized under paragraph (2) or section 2667(c) of this title, solely for use in support of the Facility, and funds received as lease payments shall remain available until expended. (e) Use of certain gifts \n(1) In general \nUnder regulations prescribed by the Secretary, the Commandant of the Marine Corps may, without regard to section 2601 of this title, accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of $250,000 or less made to the United States if such gift, devise, or bequest is for the benefit of the Facility. (2) Expenses \nThe Secretary may pay or authorize the payment of any reasonable and necessary expense in connection with the conveyance or transfer of a gift, devise, or bequest under paragraph (1). (f) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the joint venture authorized under subsection (a) as the Secretary considers appropriate to protect the interests of the United States..", "id": "id65bf6f3c46834963b2208089ad4fed42", "header": "In general", "nested": [], "links": [ { "text": "Chapter 861", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/861" }, { "text": "section 8617", "legal-doc": "usc", "parsable-cite": "usc/10/8617" }, { "text": "section 2667", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2667(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2667(c)", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2667(c)", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2601", "legal-doc": "usc", "parsable-cite": "usc/26/2601" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of chapter 861 of such title is amended by inserting after the item relating to section 8617 the following new item: 8618. Marine Corps Heritage Center and the National Museum of the Marine Corps..", "id": "id1d180a2069334780a5f5704e8d4a87c7", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 861", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/861" } ] }, { "text": "(c) Conforming repeal \nSection 2884 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( Public Law 106–398 ; 114 Stat. 1654A–440) is repealed.", "id": "id4f37fe2e369d463dbdde50e914ac4f18", "header": "Conforming repeal", "nested": [], "links": [ { "text": "Public Law 106–398", "legal-doc": "public-law", "parsable-cite": "pl/106/398" } ] } ], "links": [ { "text": "Chapter 861", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/861" }, { "text": "section 8617", "legal-doc": "usc", "parsable-cite": "usc/10/8617" }, { "text": "section 2667", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2667(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2667(c)", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2667(c)", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2601", "legal-doc": "usc", "parsable-cite": "usc/26/2601" }, { "text": "chapter 861", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/861" }, { "text": "Public Law 106–398", "legal-doc": "public-law", "parsable-cite": "pl/106/398" } ] }, { "text": "8618. Marine Corps Heritage Center and the National Museum of the Marine Corps \n(a) Joint venture for development and continued maintenance and operation \nThe Secretary of the Navy (in this section referred to as the Secretary ) may enter into a joint venture with the Marine Corps Heritage Foundation (in this section referred to as the Foundation ), a nonprofit entity, for the design, construction, maintenance, and operation of a multipurpose facility to be used for historical displays for public viewing, curation, and storage of artifacts, research facilities, classrooms, offices, and associated activities consistent with the mission of the Marine Corps University. The facility shall be known as the Marine Corps Heritage Center and the National Museum of the Marine Corps (in this section referred to as the Facility ). (b) Design and construction \nFor each phase of development of the Facility, the Secretary may— (1) permit the Foundation to contract for the design, construction, or both of such phase of development; or (2) accept funds from the Foundation for the design, construction, or both of such phase of development. (c) Acceptance authority \nUpon completion of construction of any phase of development of the Facility by the Foundation to the satisfaction of the Secretary, and the satisfaction of any financial obligations incident thereto by the Foundation, the Facility shall become the real property of the Department of the Navy with all right, title, and interest in and to the Facility belonging to the United States. (d) Maintenance, operation, and support \n(1) In general \nThe Secretary may, for the purpose of maintenance and operation of the Facility— (A) enter into contracts or cooperative agreements, on a sole-source basis, with the Foundation for the procurement of property or services for the direct benefit or use of the Facility; and (B) notwithstanding the requirements of subsection (h) of section 2667 of this title and under such terms and conditions as the Secretary considers appropriate for the joint venture authorized under subsection (a), lease in accordance with such section 2667 portions of the Facility to the Foundation for use in generating revenue for activities of the Facility and for such administrative purposes as may be necessary for support of the Facility. (2) Consideration for lease \nIn making a determination of fair market value under section 2667(b)(4) of this title for payment of consideration pursuant to a lease described in paragraph (1)(B), the Secretary may consider the entirety of the educational efforts of the Foundation, support by the Foundation to the history division of the Marine Corps Heritage Center, funding of museum programs and exhibits by the Foundation, or other support related to the Facility, in addition to the types of in-kind consideration provided under section 2667(c) of this title. (3) Use for revenue-generating activities \n(A) In general \nSubject to subparagraph (B), the Secretary may authorize the Foundation to use real or personal property within the Facility to conduct revenue-generating activities in addition to those authorized under paragraph (1)(B), as the Secretary considers appropriate considering the work of the Foundation and the needs of the Facility. (B) Limitation \nThe Secretary may only authorize the use of the Facility for a revenue-generating activity if the Secretary determines the activity will not interfere with activities and personnel of the armed forces or the activities of the Facility. (4) Retention of lease payments \nThe Secretary shall retain lease payments received under paragraph (1)(B), other than in-kind consideration authorized under paragraph (2) or section 2667(c) of this title, solely for use in support of the Facility, and funds received as lease payments shall remain available until expended. (e) Use of certain gifts \n(1) In general \nUnder regulations prescribed by the Secretary, the Commandant of the Marine Corps may, without regard to section 2601 of this title, accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of $250,000 or less made to the United States if such gift, devise, or bequest is for the benefit of the Facility. (2) Expenses \nThe Secretary may pay or authorize the payment of any reasonable and necessary expense in connection with the conveyance or transfer of a gift, devise, or bequest under paragraph (1). (f) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the joint venture authorized under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "ida408e4986e3c4ef883fb98099f59013b", "header": "Marine Corps Heritage Center and the National Museum of the Marine Corps", "nested": [ { "text": "(a) Joint venture for development and continued maintenance and operation \nThe Secretary of the Navy (in this section referred to as the Secretary ) may enter into a joint venture with the Marine Corps Heritage Foundation (in this section referred to as the Foundation ), a nonprofit entity, for the design, construction, maintenance, and operation of a multipurpose facility to be used for historical displays for public viewing, curation, and storage of artifacts, research facilities, classrooms, offices, and associated activities consistent with the mission of the Marine Corps University. The facility shall be known as the Marine Corps Heritage Center and the National Museum of the Marine Corps (in this section referred to as the Facility ).", "id": "id8f3fd0f6e65f4f8e8f080b13b67bb3ae", "header": "Joint venture for development and continued maintenance and operation", "nested": [], "links": [] }, { "text": "(b) Design and construction \nFor each phase of development of the Facility, the Secretary may— (1) permit the Foundation to contract for the design, construction, or both of such phase of development; or (2) accept funds from the Foundation for the design, construction, or both of such phase of development.", "id": "idaa0ce99c6586428fb6c9e6d4624f3f35", "header": "Design and construction", "nested": [], "links": [] }, { "text": "(c) Acceptance authority \nUpon completion of construction of any phase of development of the Facility by the Foundation to the satisfaction of the Secretary, and the satisfaction of any financial obligations incident thereto by the Foundation, the Facility shall become the real property of the Department of the Navy with all right, title, and interest in and to the Facility belonging to the United States.", "id": "idc7dcd280df6c47fa8a1fdb111839e07d", "header": "Acceptance authority", "nested": [], "links": [] }, { "text": "(d) Maintenance, operation, and support \n(1) In general \nThe Secretary may, for the purpose of maintenance and operation of the Facility— (A) enter into contracts or cooperative agreements, on a sole-source basis, with the Foundation for the procurement of property or services for the direct benefit or use of the Facility; and (B) notwithstanding the requirements of subsection (h) of section 2667 of this title and under such terms and conditions as the Secretary considers appropriate for the joint venture authorized under subsection (a), lease in accordance with such section 2667 portions of the Facility to the Foundation for use in generating revenue for activities of the Facility and for such administrative purposes as may be necessary for support of the Facility. (2) Consideration for lease \nIn making a determination of fair market value under section 2667(b)(4) of this title for payment of consideration pursuant to a lease described in paragraph (1)(B), the Secretary may consider the entirety of the educational efforts of the Foundation, support by the Foundation to the history division of the Marine Corps Heritage Center, funding of museum programs and exhibits by the Foundation, or other support related to the Facility, in addition to the types of in-kind consideration provided under section 2667(c) of this title. (3) Use for revenue-generating activities \n(A) In general \nSubject to subparagraph (B), the Secretary may authorize the Foundation to use real or personal property within the Facility to conduct revenue-generating activities in addition to those authorized under paragraph (1)(B), as the Secretary considers appropriate considering the work of the Foundation and the needs of the Facility. (B) Limitation \nThe Secretary may only authorize the use of the Facility for a revenue-generating activity if the Secretary determines the activity will not interfere with activities and personnel of the armed forces or the activities of the Facility. (4) Retention of lease payments \nThe Secretary shall retain lease payments received under paragraph (1)(B), other than in-kind consideration authorized under paragraph (2) or section 2667(c) of this title, solely for use in support of the Facility, and funds received as lease payments shall remain available until expended.", "id": "id90ee3fd8535348c3ad62499fcc4c84bd", "header": "Maintenance, operation, and support", "nested": [], "links": [ { "text": "section 2667", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2667(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2667(c)", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2667(c)", "legal-doc": "usc", "parsable-cite": "usc/26/2667" } ] }, { "text": "(e) Use of certain gifts \n(1) In general \nUnder regulations prescribed by the Secretary, the Commandant of the Marine Corps may, without regard to section 2601 of this title, accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of $250,000 or less made to the United States if such gift, devise, or bequest is for the benefit of the Facility. (2) Expenses \nThe Secretary may pay or authorize the payment of any reasonable and necessary expense in connection with the conveyance or transfer of a gift, devise, or bequest under paragraph (1).", "id": "id6508a247df9842c8a14e3d636c2c4948", "header": "Use of certain gifts", "nested": [], "links": [ { "text": "section 2601", "legal-doc": "usc", "parsable-cite": "usc/26/2601" } ] }, { "text": "(f) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the joint venture authorized under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "idd0d09b125b444baea5922920789d1bf0", "header": "Additional terms and conditions", "nested": [], "links": [] } ], "links": [ { "text": "section 2667", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2667(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2667(c)", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2667(c)", "legal-doc": "usc", "parsable-cite": "usc/26/2667" }, { "text": "section 2601", "legal-doc": "usc", "parsable-cite": "usc/26/2601" } ] }, { "text": "2809. Authority for acquisition of real property interest in park land owned by the Commonwealth of Virginia \n(a) Authority \nThe Secretary of the Navy (in this section referred to as the Secretary ) may acquire by purchase or lease approximately 225 square feet of land, including ingress and egress, at Westmoreland State Park, Virginia, for the purpose of installing, operating, maintaining, and protecting equipment to support research and development activities by the Department of the Navy in support of national security. (b) Terms and conditions \nThe acquisition of property under subsection (a) shall be subject to the following terms and conditions: (1) The Secretary shall pay the Commonwealth of Virginia fair market value for the property to be acquired, as determined by the Secretary. (2) Such other terms and conditions as considered appropriate by the Secretary. (c) Description of property \nThe legal description of the property to be acquired under subsection (a) shall be determined by a survey that is satisfactory to the Secretary and the Commonwealth of Virginia. (d) Applicability of the Land and Water Conservation Fund Act \nThe provisions of chapter 2003 of title 54, United States Code, shall not apply to the acquisition of property under subsection (a). (e) Reimbursement \nThe Secretary shall reimburse the Commonwealth of Virginia for the reasonable and documented administrative costs incurred by the Commonwealth of Virginia to execute the acquisition by the Secretary of property under subsection (a). (f) Termination of real property interest \nThe real property interest acquired by the Secretary under subsection (a) shall terminate, and be released without cost to the Commonwealth of Virginia, when the Secretary determines such real property interest is no longer required for national security purposes.", "id": "idff1a61b23ae54bfb8c872d7be63bf53e", "header": "Authority for acquisition of real property interest in park land owned by the Commonwealth of Virginia", "nested": [ { "text": "(a) Authority \nThe Secretary of the Navy (in this section referred to as the Secretary ) may acquire by purchase or lease approximately 225 square feet of land, including ingress and egress, at Westmoreland State Park, Virginia, for the purpose of installing, operating, maintaining, and protecting equipment to support research and development activities by the Department of the Navy in support of national security.", "id": "idc062ed4c55714b0a8a5f09d388b22f4c", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Terms and conditions \nThe acquisition of property under subsection (a) shall be subject to the following terms and conditions: (1) The Secretary shall pay the Commonwealth of Virginia fair market value for the property to be acquired, as determined by the Secretary. (2) Such other terms and conditions as considered appropriate by the Secretary.", "id": "idca968904bfb44f0989ffacce67d57dae", "header": "Terms and conditions", "nested": [], "links": [] }, { "text": "(c) Description of property \nThe legal description of the property to be acquired under subsection (a) shall be determined by a survey that is satisfactory to the Secretary and the Commonwealth of Virginia.", "id": "idc9f6456441ca47738c4b96dd22e2584f", "header": "Description of property", "nested": [], "links": [] }, { "text": "(d) Applicability of the Land and Water Conservation Fund Act \nThe provisions of chapter 2003 of title 54, United States Code, shall not apply to the acquisition of property under subsection (a).", "id": "idafc995eb449845b093c30eb6d2ae7f3d", "header": "Applicability of the Land and Water Conservation Fund Act", "nested": [], "links": [ { "text": "chapter 2003", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/54/2003" } ] }, { "text": "(e) Reimbursement \nThe Secretary shall reimburse the Commonwealth of Virginia for the reasonable and documented administrative costs incurred by the Commonwealth of Virginia to execute the acquisition by the Secretary of property under subsection (a).", "id": "id3f3d44f26b184d24a990d5dab6eecfed", "header": "Reimbursement", "nested": [], "links": [] }, { "text": "(f) Termination of real property interest \nThe real property interest acquired by the Secretary under subsection (a) shall terminate, and be released without cost to the Commonwealth of Virginia, when the Secretary determines such real property interest is no longer required for national security purposes.", "id": "id92c2eab8e1b24844b5616d40f2d2c657", "header": "Termination of real property interest", "nested": [], "links": [] } ], "links": [ { "text": "chapter 2003", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/54/2003" } ] }, { "text": "2810. Movement or consolidation of Joint Spectrum Center to Fort Meade, Maryland, or another appropriate location \n(a) Leaving current location \nNot later than September 30, 2026, the Secretary of Defense shall completely vacate the offices of the Joint Spectrum Center of the Department of Defense in Annapolis, Maryland. (b) Movement or consolidation \nThe Secretary shall take appropriate action to move, consolidate, or both, the offices of the Joint Spectrum Center to the headquarters building of the Defense Information Systems Agency at Fort Meade, Maryland, or another appropriate location chosen by the Secretary for national security purposes to ensure the physical and cybersecurity protection of personnel and missions of the Department of Defense. (c) Status update \nNot later than January 31 and July 31 of each year until the Secretary has completed the requirements under subsections (a) and (b), the Commander of the Defense Information Systems Agency shall provide an in-person and written update on the status of the completion of those requirements to the Committees on Armed Services of the Senate and the House of Representatives and the congressional delegation of Maryland. (d) Termination of existing lease \nUpon vacating the offices of the Joint Spectrum Center in Annapolis, Maryland, pursuant to subsection (a), all right, title, and interest of the United States in and to the existing lease for the Joint Spectrum Center in such location shall be terminated. (e) Repeal of obsolete authority \nSection 2887 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181 ; 122 Stat. 569) is repealed.", "id": "ide93c818c69314857b0edea549aaa2e71", "header": "Movement or consolidation of Joint Spectrum Center to Fort Meade, Maryland, or another appropriate location", "nested": [ { "text": "(a) Leaving current location \nNot later than September 30, 2026, the Secretary of Defense shall completely vacate the offices of the Joint Spectrum Center of the Department of Defense in Annapolis, Maryland.", "id": "id49a38f3aa4474a2ba096976aec164cc2", "header": "Leaving current location", "nested": [], "links": [] }, { "text": "(b) Movement or consolidation \nThe Secretary shall take appropriate action to move, consolidate, or both, the offices of the Joint Spectrum Center to the headquarters building of the Defense Information Systems Agency at Fort Meade, Maryland, or another appropriate location chosen by the Secretary for national security purposes to ensure the physical and cybersecurity protection of personnel and missions of the Department of Defense.", "id": "id6100f652cf3f4b21b71e68cbce694690", "header": "Movement or consolidation", "nested": [], "links": [] }, { "text": "(c) Status update \nNot later than January 31 and July 31 of each year until the Secretary has completed the requirements under subsections (a) and (b), the Commander of the Defense Information Systems Agency shall provide an in-person and written update on the status of the completion of those requirements to the Committees on Armed Services of the Senate and the House of Representatives and the congressional delegation of Maryland.", "id": "id841591254ff84f3ba4afd9efddc40e2b", "header": "Status update", "nested": [], "links": [] }, { "text": "(d) Termination of existing lease \nUpon vacating the offices of the Joint Spectrum Center in Annapolis, Maryland, pursuant to subsection (a), all right, title, and interest of the United States in and to the existing lease for the Joint Spectrum Center in such location shall be terminated.", "id": "id0f03cc8be5b54b178726ccc162f7d27b", "header": "Termination of existing lease", "nested": [], "links": [] }, { "text": "(e) Repeal of obsolete authority \nSection 2887 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181 ; 122 Stat. 569) is repealed.", "id": "id2ca35a7b47874db1aed054d9bd3c1f7a", "header": "Repeal of obsolete authority", "nested": [], "links": [ { "text": "Public Law 110–181", "legal-doc": "public-law", "parsable-cite": "pl/110/181" } ] } ], "links": [ { "text": "Public Law 110–181", "legal-doc": "public-law", "parsable-cite": "pl/110/181" } ] }, { "text": "2811. Temporary expansion of authority for use of one-step turn-key selection procedures for repair projects \nDuring the five-year period beginning on the date of the enactment of this Act, section 2862(a)(2) of title 10, United States Code, shall be applied and administered by substituting $12,000,000 for $4,000,000.", "id": "idca44ae7b5d084e6f94014272ab72d7dd", "header": "Temporary expansion of authority for use of one-step turn-key selection procedures for repair projects", "nested": [], "links": [] }, { "text": "2812. Modification of temporary increase of amounts in connection with authority to carry out unspecified minor military construction \n(a) In general \nSection 2801 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ) is amended— (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following new paragraph (2): (2) in subsection (b)(2), by substituting $4,000,000 for $2,000,000 ;. (b) Effective date \nThe amendments made by subsection (a) shall apply as if included in the enactment of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ).", "id": "id840c2e5c8d8648b6b0f85620459a2403", "header": "Modification of temporary increase of amounts in connection with authority to carry out unspecified minor military construction", "nested": [ { "text": "(a) In general \nSection 2801 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ) is amended— (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following new paragraph (2): (2) in subsection (b)(2), by substituting $4,000,000 for $2,000,000 ;.", "id": "idb7040425ef0b42fa8074eca233b86ae5", "header": "In general", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall apply as if included in the enactment of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ).", "id": "idea66056aac4a43e199c082023a33dbf9", "header": "Effective date", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] } ], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "2813. Pilot program on replacement of substandard enlisted barracks \n(a) In general \nThe Secretary concerned may, in accordance with this section, carry out a pilot program under which the Secretary concerned may replace an existing enlisted barracks with a new enlisted barracks not otherwise authorized by law. (b) Facility requirements \nA new facility for an enlisted barracks replaced under subsection (a)— (1) may not have a greater personnel capacity than the facility being replaced but may be physically larger than the facility being replaced; (2) must be replacing a facility that is in a substandard condition, as determined by the Secretary concerned, and which determination may not be delegated, in advance of project approval; (3) must be designed and utilized for the same purpose as the facility being replaced; (4) must be located on the same installation as the facility being replaced; and (5) must be designed to meet, at a minimum, current standards for construction, utilization, and force protection. (c) Source of funds \nThe Secretary concerned, in using the authority under this section, may spend amounts available to the Secretary concerned for operation and maintenance or unspecified military construction. (d) Congressional notification \nWhen a decision is made to carry out a replacement project under this section with an estimated cost in excess of $10,000,000, the Secretary concerned shall submit, in an electronic medium pursuant to section 480 of title 10, United States Code, to the appropriate committees of Congress a report containing— (1) the justification for the replacement project and the current estimate of the cost of the project; and (2) a description of the elements of military construction, including the elements specified in section 2802(b) of such title, incorporated into the project. (e) Definitions \nIn this section: (1) Appropriate committees of Congress; facility; Secretary concerned \nThe terms appropriate committees of Congress , facility , and Secretary concerned have the meanings given those terms in section 2801 of title 10, United States Code. (2) Enlisted barracks \nThe term enlisted barracks means barracks designed and utilized for housing enlisted personnel of the Armed Forces. (3) Personnel capacity \nThe term personnel capacity , with respect to an enlisted barracks, means the design capacity for the number of enlisted personnel housed in the enlisted barracks. (4) Substandard condition \nThe term substandard condition , with respect to a facility, means the facility can no longer meet the requirements of current standards without repair that would cost more than 75 percent of the replacement cost. (f) Sunset \nThe authority under this section shall terminate on the date that is five years after the date of the enactment of this Act.", "id": "idc8b60d46d82542e1ae4f2c94706c940d", "header": "Pilot program on replacement of substandard enlisted barracks", "nested": [ { "text": "(a) In general \nThe Secretary concerned may, in accordance with this section, carry out a pilot program under which the Secretary concerned may replace an existing enlisted barracks with a new enlisted barracks not otherwise authorized by law.", "id": "id3ceb8ca14e5746e593debe23c538dc03", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Facility requirements \nA new facility for an enlisted barracks replaced under subsection (a)— (1) may not have a greater personnel capacity than the facility being replaced but may be physically larger than the facility being replaced; (2) must be replacing a facility that is in a substandard condition, as determined by the Secretary concerned, and which determination may not be delegated, in advance of project approval; (3) must be designed and utilized for the same purpose as the facility being replaced; (4) must be located on the same installation as the facility being replaced; and (5) must be designed to meet, at a minimum, current standards for construction, utilization, and force protection.", "id": "id2b87f40a57874e1b8732b2e225440b73", "header": "Facility requirements", "nested": [], "links": [] }, { "text": "(c) Source of funds \nThe Secretary concerned, in using the authority under this section, may spend amounts available to the Secretary concerned for operation and maintenance or unspecified military construction.", "id": "id5da6d77137a9479289ad33a22d2869b3", "header": "Source of funds", "nested": [], "links": [] }, { "text": "(d) Congressional notification \nWhen a decision is made to carry out a replacement project under this section with an estimated cost in excess of $10,000,000, the Secretary concerned shall submit, in an electronic medium pursuant to section 480 of title 10, United States Code, to the appropriate committees of Congress a report containing— (1) the justification for the replacement project and the current estimate of the cost of the project; and (2) a description of the elements of military construction, including the elements specified in section 2802(b) of such title, incorporated into the project.", "id": "idead37278896549eeabea6a73027a2eca", "header": "Congressional notification", "nested": [], "links": [ { "text": "section 2802(b)", "legal-doc": "usc", "parsable-cite": "usc/26/2802" } ] }, { "text": "(e) Definitions \nIn this section: (1) Appropriate committees of Congress; facility; Secretary concerned \nThe terms appropriate committees of Congress , facility , and Secretary concerned have the meanings given those terms in section 2801 of title 10, United States Code. (2) Enlisted barracks \nThe term enlisted barracks means barracks designed and utilized for housing enlisted personnel of the Armed Forces. (3) Personnel capacity \nThe term personnel capacity , with respect to an enlisted barracks, means the design capacity for the number of enlisted personnel housed in the enlisted barracks. (4) Substandard condition \nThe term substandard condition , with respect to a facility, means the facility can no longer meet the requirements of current standards without repair that would cost more than 75 percent of the replacement cost.", "id": "idf4383fc79fa94fd2b2a288423ab0bb7d", "header": "Definitions", "nested": [], "links": [] }, { "text": "(f) Sunset \nThe authority under this section shall terminate on the date that is five years after the date of the enactment of this Act.", "id": "ida85c123ab472459aa3d23651bf19b92d", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "section 2802(b)", "legal-doc": "usc", "parsable-cite": "usc/26/2802" } ] }, { "text": "2814. Expansion of Defense Community Infrastructure Pilot Program to include installations of the Coast Guard \nSection 2391 of title 10, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (1)(B), in the matter preceding clause (i), by inserting , in consultation with the Commandant of the Coast Guard, after The Secretary ; and (B) by adding at the end the following new paragraph: (5) In considering grants, agreements, or other funding under paragraph (1)(A) with respect to community infrastructure supportive of a military installation of the Coast Guard, the Secretary of Defense shall consult with the Commandant of the Coast Guard to assess the selection and prioritization of the project concerned. ; and (2) in subsection (e)(1), by adding at the end the following new sentence: For purposes of subsection (d), the term military installation includes an installation of the Coast Guard under the jurisdiction of the Department of Homeland Security..", "id": "IDf551ecf9b4ad4f118386f7e32af5b262", "header": "Expansion of Defense Community Infrastructure Pilot Program to include installations of the Coast Guard", "nested": [], "links": [] }, { "text": "2815. Modification of pilot program on increased use of sustainable building materials in military construction \nSection 2861 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 2802 note) is amended— (1) in subsection (b)(1), by striking the period at the end and inserting “to include, under the pilot program as a whole, at a minimum— (A) one project for mass timber; and (B) one project for low carbon concrete. ; (2) in subsection (d), by striking September 30, 2024 and inserting September 30, 2025 ; (3) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; (4) by inserting after subsection (d) the following new subsection (e): (e) Commencement of construction \nEach military construction project carried out under the pilot program must commence construction by not later than January 1, 2025. ; and (5) in subsection (f)(1), as redesignated by paragraph (3), by striking December 31, 2024 and inserting December 31, 2025.", "id": "id7f4afca31d2643daa7daf5cb1d627fa9", "header": "Modification of pilot program on increased use of sustainable building materials in military construction", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 2802", "legal-doc": "usc", "parsable-cite": "usc/10/2802" } ] }, { "text": "2821. Uniform condition index for military unaccompanied housing \n(a) In general \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations requiring the Assistant Secretary of Defense for Energy, Installations, and Environment to complete and issue a uniform facility condition index for military unaccompanied housing, including such housing that is existing as of the date of the enactment of this Act and any such housing constructed or used on or after such date of enactment. (b) Completion of index \nThe uniform facility condition index required under subsection (a) shall be completed and issued by not later than October 1, 2024. (c) Military unaccompanied housing defined \nIn this section, the term military unaccompanied housing means the following housing owned by the United States Government: (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "id5F027592281F4CA59DCEEEAC660BA1C7", "header": "Uniform condition index for military unaccompanied housing", "nested": [ { "text": "(a) In general \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations requiring the Assistant Secretary of Defense for Energy, Installations, and Environment to complete and issue a uniform facility condition index for military unaccompanied housing, including such housing that is existing as of the date of the enactment of this Act and any such housing constructed or used on or after such date of enactment.", "id": "idaf119500cb5f4501b23abef4e4a4b6d0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Completion of index \nThe uniform facility condition index required under subsection (a) shall be completed and issued by not later than October 1, 2024.", "id": "idc357438c1ecc4d58bd5b7742275e03d9", "header": "Completion of index", "nested": [], "links": [] }, { "text": "(c) Military unaccompanied housing defined \nIn this section, the term military unaccompanied housing means the following housing owned by the United States Government: (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "idda5afb7ab7e046518b573d2760d1b1f7", "header": "Military unaccompanied housing defined", "nested": [], "links": [] } ], "links": [] }, { "text": "2822. Certification of habitability of military unaccompanied housing \n(a) In general \nThe Secretary of Defense shall include with the submission to Congress by the President of the annual budget of the Department of Defense under section 1105(a) of title 31, United States Code, a certification from the Secretary of each military department to the congressional defense committees that the cost for all needed repairs and improvements for each occupied military unaccompanied housing facility under the jurisdiction of such Secretary does not exceed 20 percent of the replacement cost of such facility, as mandated by Department of Defense Manual 4165.63, DoD Housing Management , or successor issuance. (b) Military unaccompanied housing defined \nIn this section, the term military unaccompanied housing means the following housing owned by the United States Government: (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "id7a3cfa1a4f97417da6b50c40afe5ef4c", "header": "Certification of habitability of military unaccompanied housing", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall include with the submission to Congress by the President of the annual budget of the Department of Defense under section 1105(a) of title 31, United States Code, a certification from the Secretary of each military department to the congressional defense committees that the cost for all needed repairs and improvements for each occupied military unaccompanied housing facility under the jurisdiction of such Secretary does not exceed 20 percent of the replacement cost of such facility, as mandated by Department of Defense Manual 4165.63, DoD Housing Management , or successor issuance.", "id": "id455b308b63364a4c9c29a30cd44a486e", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Military unaccompanied housing defined \nIn this section, the term military unaccompanied housing means the following housing owned by the United States Government: (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "id25548FF18FA74A57B98535BA449570A3", "header": "Military unaccompanied housing defined", "nested": [], "links": [] } ], "links": [] }, { "text": "2823. Maintenance work order management process for military unaccompanied housing \n(a) In general \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to establish for each military department a process associated with maintenance work order management for military unaccompanied housing under the jurisdiction of such military department, including such housing that is existing as of the date of the enactment of this Act and any such housing constructed or used on or after such date of enactment. (b) Use of process \nThe processes required under subsection (a) shall clearly define requirements for effective and timely maintenance work order management, including requirements with respect to— (1) quality assurance for maintenance completed; (2) communication of maintenance progress and resolution with management of military unaccompanied housing, barracks managers, and residents; and (3) standardized performance metrics, such as the timeliness of completion of work orders. (c) Administration \nThe Secretary of each military department shall administer the work order process required under subsection (a) for such military department and shall issue or update relevant guidance as necessary. (d) Military unaccompanied housing defined \nIn this section, the term military unaccompanied housing means the following housing owned by the United States Government: (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "idCEF2C4662D0D4D5184999EFEAADAB0C3", "header": "Maintenance work order management process for military unaccompanied housing", "nested": [ { "text": "(a) In general \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to establish for each military department a process associated with maintenance work order management for military unaccompanied housing under the jurisdiction of such military department, including such housing that is existing as of the date of the enactment of this Act and any such housing constructed or used on or after such date of enactment.", "id": "id4d0c973db0da44e2b4ca12bf32e886a9", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of process \nThe processes required under subsection (a) shall clearly define requirements for effective and timely maintenance work order management, including requirements with respect to— (1) quality assurance for maintenance completed; (2) communication of maintenance progress and resolution with management of military unaccompanied housing, barracks managers, and residents; and (3) standardized performance metrics, such as the timeliness of completion of work orders.", "id": "id481a447bc3ac4245bb8f10eddd76f6c8", "header": "Use of process", "nested": [], "links": [] }, { "text": "(c) Administration \nThe Secretary of each military department shall administer the work order process required under subsection (a) for such military department and shall issue or update relevant guidance as necessary.", "id": "idd1f1dedc25044973bb2fd10d6b04871f", "header": "Administration", "nested": [], "links": [] }, { "text": "(d) Military unaccompanied housing defined \nIn this section, the term military unaccompanied housing means the following housing owned by the United States Government: (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "id1314435E091A4D46B525038881229610", "header": "Military unaccompanied housing defined", "nested": [], "links": [] } ], "links": [] }, { "text": "2824. Expansion of uniform code of basic standards for military housing to include military unaccompanied housing \n(a) In general \nSection 2818 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 2871 note) is amended— (1) in the section heading, by striking family ; and (2) in subsection (a)— (A) by striking family ; and (B) by inserting , including military unaccompanied housing (as defined in section 2871 of title 10, United States Code) before the period at the end. (b) Implementation \n(1) In general \nIn implementing the amendments made by subsection (a), the Secretary of Defense shall ensure that the standards required under section 2818 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 2871 note), as modified pursuant to those amendments, apply to military unaccompanied housing that is existing as of the date of the enactment of this Act and any such housing constructed or used on or after such date of enactment. (2) Military unaccompanied housing defined \nIn this subsection, the term military unaccompanied housing means the following housing owned by the United States Government: (A) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (B) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "id80c7340e5354410d8dc9fdbbc4df901c", "header": "Expansion of uniform code of basic standards for military housing to include military unaccompanied housing", "nested": [ { "text": "(a) In general \nSection 2818 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 2871 note) is amended— (1) in the section heading, by striking family ; and (2) in subsection (a)— (A) by striking family ; and (B) by inserting , including military unaccompanied housing (as defined in section 2871 of title 10, United States Code) before the period at the end.", "id": "idfd649c51196a42c2ace0d8eb2e8ce29d", "header": "In general", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 2871", "legal-doc": "usc", "parsable-cite": "usc/10/2871" } ] }, { "text": "(b) Implementation \n(1) In general \nIn implementing the amendments made by subsection (a), the Secretary of Defense shall ensure that the standards required under section 2818 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 2871 note), as modified pursuant to those amendments, apply to military unaccompanied housing that is existing as of the date of the enactment of this Act and any such housing constructed or used on or after such date of enactment. (2) Military unaccompanied housing defined \nIn this subsection, the term military unaccompanied housing means the following housing owned by the United States Government: (A) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (B) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "id4fd698b3c2244075b57f51ba443a2fe2", "header": "Implementation", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 2871", "legal-doc": "usc", "parsable-cite": "usc/10/2871" } ] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 2871", "legal-doc": "usc", "parsable-cite": "usc/10/2871" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 2871", "legal-doc": "usc", "parsable-cite": "usc/10/2871" } ] }, { "text": "2825. Oversight of military unaccompanied housing \n(a) Civilian oversight \n(1) In general \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to require that the Secretary of each military department establish a civilian employee of the Department of Defense, or of the military department concerned, at the housing office for each installation of the Department under the jurisdiction of such Secretary to oversee military unaccompanied housing at that installation. (2) Supervisory chain \nFor any installation of the Department for which the unaccompanied housing manager is a member of the Armed Forces, the civilian employee established under paragraph (1) at such installation shall report to a civilian employee at the housing office for such installation. (b) Barracks or dormitory manager requirements \n(1) Limitation on role by members of the Armed Forces \nNo enlisted member of the Armed Forces or commissioned officer may be designated as a barracks manager or supervisor in charge of overseeing, managing, accepting, or compiling maintenance records for any military unaccompanied housing as a collateral duty. (2) Position designation \nThe function of a barracks manager or supervisor described in paragraph (1) for an installation of the Department shall be completed by a civilian employee or contractor of the Department who shall report to the government housing office of the installation. (c) Military unaccompanied housing defined \nIn this section, the term military unaccompanied housing means the following housing owned by the United States Government: (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "id68C70FBCBA8C490EA436628521D17306", "header": "Oversight of military unaccompanied housing", "nested": [ { "text": "(a) Civilian oversight \n(1) In general \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to require that the Secretary of each military department establish a civilian employee of the Department of Defense, or of the military department concerned, at the housing office for each installation of the Department under the jurisdiction of such Secretary to oversee military unaccompanied housing at that installation. (2) Supervisory chain \nFor any installation of the Department for which the unaccompanied housing manager is a member of the Armed Forces, the civilian employee established under paragraph (1) at such installation shall report to a civilian employee at the housing office for such installation.", "id": "idabc1398bea73418a9f3424d374e2f588", "header": "Civilian oversight", "nested": [], "links": [] }, { "text": "(b) Barracks or dormitory manager requirements \n(1) Limitation on role by members of the Armed Forces \nNo enlisted member of the Armed Forces or commissioned officer may be designated as a barracks manager or supervisor in charge of overseeing, managing, accepting, or compiling maintenance records for any military unaccompanied housing as a collateral duty. (2) Position designation \nThe function of a barracks manager or supervisor described in paragraph (1) for an installation of the Department shall be completed by a civilian employee or contractor of the Department who shall report to the government housing office of the installation.", "id": "idf1c052bd423148d88cd38f88d5dc28be", "header": "Barracks or dormitory manager requirements", "nested": [], "links": [] }, { "text": "(c) Military unaccompanied housing defined \nIn this section, the term military unaccompanied housing means the following housing owned by the United States Government: (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "id756D5FF623DA47C884B6818801FEB4F0", "header": "Military unaccompanied housing defined", "nested": [], "links": [] } ], "links": [] }, { "text": "2826. Elimination of flexibilities for adequacy or construction standards for military unaccompanied housing \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall modify all directives, instructions, manuals, regulations, policies, and other guidance and issuances of the Department of Defense to eliminate the grant of any flexibilities to— (1) minimum adequacy standards for configuration, privacy, condition, health, and safety for existing permanent party military unaccompanied housing to be considered suitable for assignment or occupancy; and (2) standards for the construction of new military unaccompanied housing. (b) Matters included \nThe requirement under subsection (a) shall include modifications that remove the flexibility provided to the military departments with respect to standards for adequacy for assignment and new construction standards for military unaccompanied housing, including modification of the Housing Management Manual of the Department of Defense and Department of Defense Manual 4165.63, DoD Housing Management. (c) Military unaccompanied housing defined \nIn this section, the term military unaccompanied housing means the following housing owned by the United States Government: (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "id150cf80837b04a5581380cc9e980a7de", "header": "Elimination of flexibilities for adequacy or construction standards for military unaccompanied housing", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall modify all directives, instructions, manuals, regulations, policies, and other guidance and issuances of the Department of Defense to eliminate the grant of any flexibilities to— (1) minimum adequacy standards for configuration, privacy, condition, health, and safety for existing permanent party military unaccompanied housing to be considered suitable for assignment or occupancy; and (2) standards for the construction of new military unaccompanied housing.", "id": "idd6d96362ee8a4162ae0e724d1fda35c0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Matters included \nThe requirement under subsection (a) shall include modifications that remove the flexibility provided to the military departments with respect to standards for adequacy for assignment and new construction standards for military unaccompanied housing, including modification of the Housing Management Manual of the Department of Defense and Department of Defense Manual 4165.63, DoD Housing Management.", "id": "id702b018a14f343f9bc54abce9ecda0c3", "header": "Matters included", "nested": [], "links": [] }, { "text": "(c) Military unaccompanied housing defined \nIn this section, the term military unaccompanied housing means the following housing owned by the United States Government: (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "id3DDEA731554B4FA89A13A3632C1CB59F", "header": "Military unaccompanied housing defined", "nested": [], "links": [] } ], "links": [] }, { "text": "2827. Design standards for military unaccompanied housing \n(a) Uniform standards for floor space, number of members allowed, and habitability \n(1) In general \nSection 2856 of title 10, United States Code, is amended— (A) in the section heading, by striking local comparability of floor areas and inserting standards ; (B) by striking In and inserting (a) Local comparability in floor areas.—In ; (C) in subsection (a), as designated by subparagraph (B), by inserting , except for purposes of meeting minimum area requirements under subsection (b)(1)(A), after exceed ; and (D) by adding at the end the following new subsection: (b) Floor space, number of members allowed, and habitability \n(1) In general \nIn the design, assignment, and use of military unaccompanied housing, the Secretary of Defense shall establish uniform standards that— (A) provide a minimum area of floor space, not including bathrooms or closets, per individual occupying a unit of military unaccompanied housing; (B) ensure that not more than two individuals may occupy such a unit; and (C) provide definitions and measures for habitability, specifying criteria of design and materiel quality to be applied and levels of maintenance to be required. (2) Waiver \nStandards established under paragraph (1) may be waived for specific units of military unaccompanied housing by the Secretary concerned (who may not delegate such waiver) for a period not longer than one year and may not be renewed.. (2) Clerical amendment \nThe table of sections at the beginning of subchapter III of chapter 169 of title 10, United States Code, is amended by striking the item relating to section 2856 and inserting the following new item: 2856. Military unaccompanied housing: standards.. (b) Completion and issuance of uniform standards \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) (A) ensure that the uniform standards required under section 2856(b)(1) of title 10, United States Code, as added by subsection (a)(1)(D), are completed and issued; and (B) submit to the congressional defense committees a copy of those standards; or (2) submit to the congressional defense committees a report, under the Secretary’s signature— (A) explaining in detail why those standards are not completed and issued; (B) indicating when those standards are expected to be completed and issued; and (C) specifying the names of the personnel responsible for the failure of the Department of Defense to comply with paragraph (1). (c) Compliance with uniform standards \n(1) In general \nNot later than two years after the date of the enactment of this Act, the Secretary of each military department shall ensure that all military unaccompanied housing, including privatized military housing under subchapter IV of chapter 169 of title 10, United States Code, located on an installation under the jurisdiction of such Secretary complies with the uniform standards established under section 2856(b)(1) of title 10, United States Code, as added by subsection (a)(1)(D). (2) No waiver \nThe requirement under paragraph (1) may not be waived. (3) Military unaccompanied housing defined \nIn this subsection, the term military unaccompanied housing has the meaning given that term in section 2871 of title 10, United States Code. (d) Certification of budget requirements \nThe Under Secretary of Defense (Comptroller) shall include with the submission to Congress by the President of the annual budget of the Department of Defense for each of fiscal years 2025 through 2029 under section 1105(a) of title 31, United States Code, a signed certification that the Department of Defense and each of the military departments has requested sufficient funds to comply with this section and the amendments made by this section.", "id": "id8DC204FA79AA4D48B59A7FECCE25FB4C", "header": "Design standards for military unaccompanied housing", "nested": [ { "text": "(a) Uniform standards for floor space, number of members allowed, and habitability \n(1) In general \nSection 2856 of title 10, United States Code, is amended— (A) in the section heading, by striking local comparability of floor areas and inserting standards ; (B) by striking In and inserting (a) Local comparability in floor areas.—In ; (C) in subsection (a), as designated by subparagraph (B), by inserting , except for purposes of meeting minimum area requirements under subsection (b)(1)(A), after exceed ; and (D) by adding at the end the following new subsection: (b) Floor space, number of members allowed, and habitability \n(1) In general \nIn the design, assignment, and use of military unaccompanied housing, the Secretary of Defense shall establish uniform standards that— (A) provide a minimum area of floor space, not including bathrooms or closets, per individual occupying a unit of military unaccompanied housing; (B) ensure that not more than two individuals may occupy such a unit; and (C) provide definitions and measures for habitability, specifying criteria of design and materiel quality to be applied and levels of maintenance to be required. (2) Waiver \nStandards established under paragraph (1) may be waived for specific units of military unaccompanied housing by the Secretary concerned (who may not delegate such waiver) for a period not longer than one year and may not be renewed.. (2) Clerical amendment \nThe table of sections at the beginning of subchapter III of chapter 169 of title 10, United States Code, is amended by striking the item relating to section 2856 and inserting the following new item: 2856. Military unaccompanied housing: standards..", "id": "id2c2c2d02efb94794bb8e6e19f2b07dca", "header": "Uniform standards for floor space, number of members allowed, and habitability", "nested": [], "links": [ { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/169" } ] }, { "text": "(b) Completion and issuance of uniform standards \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) (A) ensure that the uniform standards required under section 2856(b)(1) of title 10, United States Code, as added by subsection (a)(1)(D), are completed and issued; and (B) submit to the congressional defense committees a copy of those standards; or (2) submit to the congressional defense committees a report, under the Secretary’s signature— (A) explaining in detail why those standards are not completed and issued; (B) indicating when those standards are expected to be completed and issued; and (C) specifying the names of the personnel responsible for the failure of the Department of Defense to comply with paragraph (1).", "id": "id069354dbade14a60bc6c79045f2ad7b7", "header": "Completion and issuance of uniform standards", "nested": [], "links": [] }, { "text": "(c) Compliance with uniform standards \n(1) In general \nNot later than two years after the date of the enactment of this Act, the Secretary of each military department shall ensure that all military unaccompanied housing, including privatized military housing under subchapter IV of chapter 169 of title 10, United States Code, located on an installation under the jurisdiction of such Secretary complies with the uniform standards established under section 2856(b)(1) of title 10, United States Code, as added by subsection (a)(1)(D). (2) No waiver \nThe requirement under paragraph (1) may not be waived. (3) Military unaccompanied housing defined \nIn this subsection, the term military unaccompanied housing has the meaning given that term in section 2871 of title 10, United States Code.", "id": "id2de71ac991d741d0ab170685967c0aeb", "header": "Compliance with uniform standards", "nested": [], "links": [ { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/169" } ] }, { "text": "(d) Certification of budget requirements \nThe Under Secretary of Defense (Comptroller) shall include with the submission to Congress by the President of the annual budget of the Department of Defense for each of fiscal years 2025 through 2029 under section 1105(a) of title 31, United States Code, a signed certification that the Department of Defense and each of the military departments has requested sufficient funds to comply with this section and the amendments made by this section.", "id": "id6a4b5c6c5128439abf26d32151ace9dc", "header": "Certification of budget requirements", "nested": [], "links": [] } ], "links": [ { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/169" }, { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/169" } ] }, { "text": "2828. Termination of habitability standard waivers and assessment and plan with respect to military unaccompanied housing \n(a) Termination of habitability standard waivers \nOn and after February 1, 2025, any waiver by the Department of Defense of habitability standards for military unaccompanied housing in effect as of such date shall terminate. (b) Assessment \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of each military department, shall submit to the congressional defense committees an assessment on the following: (1) The number of waivers currently in place for any standards for military unaccompanied housing as it relates to occupancy and habitability, disaggregated by Armed Force, location, and facility. (2) A list of each such waiver, disaggregated by Armed Force, with a notation of which official appointed by the President and confirmed by the Senate approved the waiver. (3) The number of members of the Armed Forces impacted by each such waiver, disaggregated by location. (c) Plan \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives and the Comptroller General of the United States a plan on addressing the deficiencies of military unaccompanied housing, including barracks and dormitories, that led to the use of waivers described in subsection (b)(1). (2) Elements \nThe plan required under paragraph (1) shall include— (A) a timeline for repairs, renovations, or minor or major military construction; (B) the cost of any such repair, renovation, or construction; and (C) an installation-by-installation get-well plan. (3) Implementation \nNot later than 60 days after receiving the plan required under paragraph (1), the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on— (A) the ability of the Department of Defense to execute the plan; and (B) any recommendations of the Comptroller General for modifying the plan. (d) Military unaccompanied housing defined \nIn this section, the term military unaccompanied housing means the following housing owned by the United States Government: (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "id64f72414cee6480eb78b2474786a6a7c", "header": "Termination of habitability standard waivers and assessment and plan with respect to military unaccompanied housing", "nested": [ { "text": "(a) Termination of habitability standard waivers \nOn and after February 1, 2025, any waiver by the Department of Defense of habitability standards for military unaccompanied housing in effect as of such date shall terminate.", "id": "id8d7532680fad438ba2d3a896baea3242", "header": "Termination of habitability standard waivers", "nested": [], "links": [] }, { "text": "(b) Assessment \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of each military department, shall submit to the congressional defense committees an assessment on the following: (1) The number of waivers currently in place for any standards for military unaccompanied housing as it relates to occupancy and habitability, disaggregated by Armed Force, location, and facility. (2) A list of each such waiver, disaggregated by Armed Force, with a notation of which official appointed by the President and confirmed by the Senate approved the waiver. (3) The number of members of the Armed Forces impacted by each such waiver, disaggregated by location.", "id": "id20a172b393844bf98ca12f005001f8e2", "header": "Assessment", "nested": [], "links": [] }, { "text": "(c) Plan \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives and the Comptroller General of the United States a plan on addressing the deficiencies of military unaccompanied housing, including barracks and dormitories, that led to the use of waivers described in subsection (b)(1). (2) Elements \nThe plan required under paragraph (1) shall include— (A) a timeline for repairs, renovations, or minor or major military construction; (B) the cost of any such repair, renovation, or construction; and (C) an installation-by-installation get-well plan. (3) Implementation \nNot later than 60 days after receiving the plan required under paragraph (1), the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on— (A) the ability of the Department of Defense to execute the plan; and (B) any recommendations of the Comptroller General for modifying the plan.", "id": "id6acbc74bd3eb456ab87129d024d19c78", "header": "Plan", "nested": [], "links": [] }, { "text": "(d) Military unaccompanied housing defined \nIn this section, the term military unaccompanied housing means the following housing owned by the United States Government: (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "id0822cd3611b449fe8c21452563960e39", "header": "Military unaccompanied housing defined", "nested": [], "links": [] } ], "links": [] }, { "text": "2829. Requirement for security cameras in common areas and entry points of military unaccompanied housing \n(a) New housing \nThe Secretary of Defense shall ensure that all renovations of military unaccompanied housing authorized on or after the date of the enactment of this Act that exceed 20 percent of the replacement cost of such facility and all construction of new military unaccompanied housing authorized on or after such date are designed and executed with security cameras in all common areas and entry points as part of a closed circuit television system. (b) Retrofitting \nNot later than three years after the date of the enactment of this Act, the Secretary shall ensure that all military unaccompanied housing facilities are retrofitted with security cameras in all common areas and entry points as part of a closed circuit television system. (c) Definitions \nIn this section: (1) Common area \nThe term common area has the meaning given that term by the Secretary of Defense and shall balance the need to increase security in appropriate areas with the privacy expectations of members of the Armed Forces in military unaccompanied housing. (2) Military unaccompanied housing \nThe term military unaccompanied housing means the following housing owned by the United States Government: (A) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (B) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "id78FE938461D7459782DD9D300DFA952D", "header": "Requirement for security cameras in common areas and entry points of military unaccompanied housing", "nested": [ { "text": "(a) New housing \nThe Secretary of Defense shall ensure that all renovations of military unaccompanied housing authorized on or after the date of the enactment of this Act that exceed 20 percent of the replacement cost of such facility and all construction of new military unaccompanied housing authorized on or after such date are designed and executed with security cameras in all common areas and entry points as part of a closed circuit television system.", "id": "id64c92a9de8844858a03da971232bc210", "header": "New housing", "nested": [], "links": [] }, { "text": "(b) Retrofitting \nNot later than three years after the date of the enactment of this Act, the Secretary shall ensure that all military unaccompanied housing facilities are retrofitted with security cameras in all common areas and entry points as part of a closed circuit television system.", "id": "id2754128fd0674df79f8782793b5a9e42", "header": "Retrofitting", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) Common area \nThe term common area has the meaning given that term by the Secretary of Defense and shall balance the need to increase security in appropriate areas with the privacy expectations of members of the Armed Forces in military unaccompanied housing. (2) Military unaccompanied housing \nThe term military unaccompanied housing means the following housing owned by the United States Government: (A) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (B) Transient housing intended to be occupied by members of the Armed Forces on temporary duty.", "id": "id38a207a06f7d447d8fbf344cfc57184d", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "2830. Annual report on military unaccompanied housing \n(a) In general \nNot later than one year after the date of the enactment of this Act, and annually thereafter for the following four years, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on military unaccompanied housing, excluding privatized military housing under subchapter IV of chapter 169 of title 10, United States Code. (b) Elements \nEach report required under subsection (a) shall contain a section provided by each Secretary of a military department that— (1) is certified by the Secretary concerned; (2) includes a list of all military unaccompanied housing facilities located on each installation under the jurisdiction of the Secretary concerned; (3) identifies the replacement cost for each such facility; (4) identifies the percentage of repair costs as it compares to the total replacement cost for each such facility; and (5) specifies the funding required to conduct all needed repairs and improvements at each such facility. (c) Military unaccompanied housing defined \nIn this section, the term military unaccompanied housing has the meaning given that term in section 2871 of title 10, United States Code.", "id": "idf505c5f294a74d33ab7e60c318408475", "header": "Annual report on military unaccompanied housing", "nested": [ { "text": "(a) In general \nNot later than one year after the date of the enactment of this Act, and annually thereafter for the following four years, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on military unaccompanied housing, excluding privatized military housing under subchapter IV of chapter 169 of title 10, United States Code.", "id": "id1ad3b232febe44c2bc64e801bb061beb", "header": "In general", "nested": [], "links": [ { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/169" } ] }, { "text": "(b) Elements \nEach report required under subsection (a) shall contain a section provided by each Secretary of a military department that— (1) is certified by the Secretary concerned; (2) includes a list of all military unaccompanied housing facilities located on each installation under the jurisdiction of the Secretary concerned; (3) identifies the replacement cost for each such facility; (4) identifies the percentage of repair costs as it compares to the total replacement cost for each such facility; and (5) specifies the funding required to conduct all needed repairs and improvements at each such facility.", "id": "id6d8a486ff59042c1b0da1b4706acc805", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Military unaccompanied housing defined \nIn this section, the term military unaccompanied housing has the meaning given that term in section 2871 of title 10, United States Code.", "id": "idDB0EF0BF7D354F69913025B34D185717", "header": "Military unaccompanied housing defined", "nested": [], "links": [] } ], "links": [ { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/169" } ] }, { "text": "2841. Improvements to privatized military housing \n(a) Limitation on housing enhancement payments \nSection 606(a)(2) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2871 note) is amended— (1) in subparagraph (A)— (A) by striking Each month and inserting Except as provided in subparagraph (D), each month ; and (B) by striking one of more and inserting one or more ; and (2) by adding at the end the following new subparagraph: (D) Limitation on payment \n(i) In general \nSubject to clause (ii), the Secretary of a military department may not make a payment under subparagraph (A) to a lessor unless the Assistant Secretary of Defense for Energy, Installations, and Environment determines the lessor is in compliance with the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of title 10, United States Code. (ii) Application \nThe limitation under clause (i) shall apply to any payment under a housing agreement entered into on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 by the Secretary of a military department with a lessor.. (b) Inclusion of information on compliance with tenant bill of rights in notice of lease extension \nSection 2878(f)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (E) An assessment of compliance by the lessor with the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title.. (c) Modification of authority To investigate reprisals \nSubsection (e) of section 2890 of such title is amended— (1) in paragraph (1)— (A) by striking Assistant Secretary of Defense for Sustainment and inserting Inspector General of the Department of Defense ; and (B) by striking member of the armed forces and inserting tenant ; (2) in paragraph (2)— (A) in the matter preceding subparagraph (A)— (i) by striking Assistant Secretary of Defense for Sustainment and inserting Inspector General ; (ii) by striking member of the armed forces and inserting tenant ; and (iii) by striking Assistant Secretary and inserting Inspector General ; and (B) in subparagraph (B), by striking Assistant Secretary and inserting Inspector General ; and (3) in paragraph (3)— (A) by striking Assistant Secretary of Defense for Sustainment and inserting Inspector General of the Department of Defense ; and (B) by striking Secretary of the military department concerned and inserting Inspector General of the military department concerned.", "id": "idc456861cdc1749d5981b81ccbc88ead9", "header": "Improvements to privatized military housing", "nested": [ { "text": "(a) Limitation on housing enhancement payments \nSection 606(a)(2) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2871 note) is amended— (1) in subparagraph (A)— (A) by striking Each month and inserting Except as provided in subparagraph (D), each month ; and (B) by striking one of more and inserting one or more ; and (2) by adding at the end the following new subparagraph: (D) Limitation on payment \n(i) In general \nSubject to clause (ii), the Secretary of a military department may not make a payment under subparagraph (A) to a lessor unless the Assistant Secretary of Defense for Energy, Installations, and Environment determines the lessor is in compliance with the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of title 10, United States Code. (ii) Application \nThe limitation under clause (i) shall apply to any payment under a housing agreement entered into on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 by the Secretary of a military department with a lessor..", "id": "id88bf67e73d984a6799a972196573147d", "header": "Limitation on housing enhancement payments", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "10 U.S.C. 2871", "legal-doc": "usc", "parsable-cite": "usc/10/2871" } ] }, { "text": "(b) Inclusion of information on compliance with tenant bill of rights in notice of lease extension \nSection 2878(f)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (E) An assessment of compliance by the lessor with the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title..", "id": "id15da23f8010b49bab3a42c636c382b52", "header": "Inclusion of information on compliance with tenant bill of rights in notice of lease extension", "nested": [], "links": [ { "text": "section 2890", "legal-doc": "usc", "parsable-cite": "usc/26/2890" } ] }, { "text": "(c) Modification of authority To investigate reprisals \nSubsection (e) of section 2890 of such title is amended— (1) in paragraph (1)— (A) by striking Assistant Secretary of Defense for Sustainment and inserting Inspector General of the Department of Defense ; and (B) by striking member of the armed forces and inserting tenant ; (2) in paragraph (2)— (A) in the matter preceding subparagraph (A)— (i) by striking Assistant Secretary of Defense for Sustainment and inserting Inspector General ; (ii) by striking member of the armed forces and inserting tenant ; and (iii) by striking Assistant Secretary and inserting Inspector General ; and (B) in subparagraph (B), by striking Assistant Secretary and inserting Inspector General ; and (3) in paragraph (3)— (A) by striking Assistant Secretary of Defense for Sustainment and inserting Inspector General of the Department of Defense ; and (B) by striking Secretary of the military department concerned and inserting Inspector General of the military department concerned.", "id": "id8373c196fa8d4eb394ca49dcfe99a057", "header": "Modification of authority To investigate reprisals", "nested": [], "links": [ { "text": "section 2890", "legal-doc": "usc", "parsable-cite": "usc/26/2890" } ] } ], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "10 U.S.C. 2871", "legal-doc": "usc", "parsable-cite": "usc/10/2871" }, { "text": "section 2890", "legal-doc": "usc", "parsable-cite": "usc/26/2890" }, { "text": "section 2890", "legal-doc": "usc", "parsable-cite": "usc/26/2890" } ] }, { "text": "2842. Implementation of Comptroller General Recommendations relating to strengthening oversight of privatized military housing \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall— (1) implement the recommendations of the Comptroller General of the United States contained in the report published by the Comptroller General on April 6, 2023, reissued with revisions on April 20, 2023, and titled DOD Can Further Strengthen Oversight of Its Privatized Housing Program (GAO–23–105377); or (2) if the Secretary does not implement any such recommendation, submit to the Committees on Armed Services of the Senate and the House of Representatives a report explaining why the Secretary has not implemented those recommendations.", "id": "id6282e6a069264503a9024ad24e203748", "header": "Implementation of Comptroller General Recommendations relating to strengthening oversight of privatized military housing", "nested": [], "links": [] }, { "text": "2843. Treatment of nondisclosure agreements with respect to privatized military housing \nSection 2890(f)(1) of title 10, United States Code, is amended— (1) by striking A tenant or prospective tenant of a housing unit may not be required to sign and inserting A landlord may not request that a tenant or prospective tenant of a housing unit sign ; and (2) by inserting at the end the following: The military services should seek to inform members of the armed forces of the possible consequences of entering into a nondisclosure agreement and encourage members to seek legal counsel before entering into such an agreement if they have questions about specific contractual terms..", "id": "id02e98506a7864747948e5b84de4554b8", "header": "Treatment of nondisclosure agreements with respect to privatized military housing", "nested": [], "links": [] }, { "text": "2851. Department of Defense Military Housing Readiness Council \n(a) In general \nSubchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1781c the following new section: 1781d. Department of Defense Military Housing Readiness Council \n(a) In general \nThere is in the Department of Defense the Department of Defense Military Housing Readiness Council (in this section referred to as the Council ). (b) Members \n(1) In general \nThe Council shall be composed of the following members: (A) The Assistant Secretary of Defense for Energy, Installations, and Environment, who shall serve as chair of the Council and who may designate a representative to chair the Council in the absence of the Assistant Secretary. (B) One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force, each of whom shall be a member of the armed force to be represented and not fewer than two of which shall be from an enlisted component. (C) One spouse of a member of each of the Army, Navy, Air Force, Marine Corps, and Space Force on active duty, not fewer than two of which shall be the spouse of an enlisted member. (D) One professional from each of the following fields, each of whom shall possess expertise in State and Federal housing standards in their respective field: (i) Plumbing. (ii) Electrical. (iii) Heating, ventilation, and air conditioning (HVAC). (iv) Certified home inspection. (v) Roofing. (vi) Structural engineering. (vii) Window fall prevention and safety. (E) Two representatives of organizations that advocate on behalf of military families with respect to military housing. (F) One individual appointed by the Secretary of Defense among representatives of the International Code Council. (G) One individual appointed by the Secretary of Defense among representatives of the Institute of Inspection Cleaning and Restoration Certification. (H) One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops construction standards (such as building, plumbing, mechanical, or electrical). (I) One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops personnel certification standards for building maintenance or restoration. (2) Terms \nThe term on the Council of the members specified under subparagraphs (B) through (M) of paragraph (1) shall be two years and may be renewed by the Secretary of Defense. (3) Attendance by landlords \nThe chair of the Council shall extend an invitation to each landlord for one representative of each landlord to attend such meetings of the Council as the chair considers appropriate. (4) Additional requirements for certain members \nEach member appointed under paragraph (1)(D) may not be affiliated with— (A) any organization that provides privatized military housing; or (B) the Department of Defense. (c) Meetings \nThe Council shall meet two times each year. (d) Duties \nThe duties of the Council shall include the following: (1) To review and make recommendations to the Secretary of Defense regarding policies for privatized military housing, including inspections practices, resident surveys, landlord payment of medical bills for residents of housing units that have not maintained minimum standards of habitability, and access to maintenance work order systems. (2) To monitor compliance by the Department of Defense with and effective implementation by the Department of statutory and regulatory improvements to policies for privatized military housing, including the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title and the complaint database established under section 2894a of this title. (3) To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely information about privatized military housing, accommodations available through the Exceptional Family Member Program of the Department, and other support services among policymakers, providers of such accommodations and other support services, and targeted beneficiaries of such accommodations and other support services. (e) Public reporting \n(1) Availability of documents \nSubject to section 552 of title 5 (commonly known as the Freedom of Information Act ), the records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents made available to or prepared for or by the Council shall be available for public inspection and copying at a single location in a publicly accessible format on a website of the Department of Defense until the Council ceases to exist. (2) Minutes \n(A) In general \nDetailed minutes of each meeting of the Council shall be kept and shall contain— (i) a record of the individuals present; (ii) a complete and accurate description of matters discussed and conclusions reached; and (iii) copies of all reports received, issued, or approved by the Council. (B) Certification \nThe chair of the Council shall certify the accuracy of the minutes of each meeting of the Council. (f) Annual reports \n(1) In general \nNot later than March 1 each year, the Council shall submit to the Secretary of Defense and the congressional defense committees a report on privatized military housing readiness. (2) Elements \nEach report under this subsection shall include the following: (A) An assessment of the adequacy and effectiveness of the provision of privatized military housing and the activities of the Department of Defense in meeting the needs of military families relating to housing during the preceding fiscal year. (B) A description of activities of the Council during the preceding fiscal year, including— (i) analyses of complaints of tenants of housing units; (ii) data received by the Council on maintenance response time and completion of maintenance requests relating to housing units; (iii) assessments of dispute resolution processes; (iv) assessments of overall customer service for tenants; (v) assessments of results of housing inspections conducted with and without notice; and (vi) any survey results conducted on behalf of or received by the Council. (C) Recommendations on actions to be taken to improve the capability of the provision of privatized military housing and the activities of the Department of Defense to meet the needs and requirements of military families relating to housing, including actions relating to the allocation of funding and other resources. (3) Public availability \nEach report under this subsection shall be made available in a publicly accessible format on a website of the Department of Defense. (g) Definitions \nIn this section: (1) Landlord \nThe term landlord has the meaning given that term in section 2871 of this title. (2) Privatized military housing \nThe term privatized military housing means housing provided under subchapter IV of chapter 169 of this title.. (b) Clerical amendment \nThe table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1781c the following new item: 1781d. Department of Defense Military Housing Readiness Council..", "id": "id4c796b50d44a42e384ed8de7dc6e4a49", "header": "Department of Defense Military Housing Readiness Council", "nested": [ { "text": "(a) In general \nSubchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1781c the following new section: 1781d. Department of Defense Military Housing Readiness Council \n(a) In general \nThere is in the Department of Defense the Department of Defense Military Housing Readiness Council (in this section referred to as the Council ). (b) Members \n(1) In general \nThe Council shall be composed of the following members: (A) The Assistant Secretary of Defense for Energy, Installations, and Environment, who shall serve as chair of the Council and who may designate a representative to chair the Council in the absence of the Assistant Secretary. (B) One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force, each of whom shall be a member of the armed force to be represented and not fewer than two of which shall be from an enlisted component. (C) One spouse of a member of each of the Army, Navy, Air Force, Marine Corps, and Space Force on active duty, not fewer than two of which shall be the spouse of an enlisted member. (D) One professional from each of the following fields, each of whom shall possess expertise in State and Federal housing standards in their respective field: (i) Plumbing. (ii) Electrical. (iii) Heating, ventilation, and air conditioning (HVAC). (iv) Certified home inspection. (v) Roofing. (vi) Structural engineering. (vii) Window fall prevention and safety. (E) Two representatives of organizations that advocate on behalf of military families with respect to military housing. (F) One individual appointed by the Secretary of Defense among representatives of the International Code Council. (G) One individual appointed by the Secretary of Defense among representatives of the Institute of Inspection Cleaning and Restoration Certification. (H) One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops construction standards (such as building, plumbing, mechanical, or electrical). (I) One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops personnel certification standards for building maintenance or restoration. (2) Terms \nThe term on the Council of the members specified under subparagraphs (B) through (M) of paragraph (1) shall be two years and may be renewed by the Secretary of Defense. (3) Attendance by landlords \nThe chair of the Council shall extend an invitation to each landlord for one representative of each landlord to attend such meetings of the Council as the chair considers appropriate. (4) Additional requirements for certain members \nEach member appointed under paragraph (1)(D) may not be affiliated with— (A) any organization that provides privatized military housing; or (B) the Department of Defense. (c) Meetings \nThe Council shall meet two times each year. (d) Duties \nThe duties of the Council shall include the following: (1) To review and make recommendations to the Secretary of Defense regarding policies for privatized military housing, including inspections practices, resident surveys, landlord payment of medical bills for residents of housing units that have not maintained minimum standards of habitability, and access to maintenance work order systems. (2) To monitor compliance by the Department of Defense with and effective implementation by the Department of statutory and regulatory improvements to policies for privatized military housing, including the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title and the complaint database established under section 2894a of this title. (3) To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely information about privatized military housing, accommodations available through the Exceptional Family Member Program of the Department, and other support services among policymakers, providers of such accommodations and other support services, and targeted beneficiaries of such accommodations and other support services. (e) Public reporting \n(1) Availability of documents \nSubject to section 552 of title 5 (commonly known as the Freedom of Information Act ), the records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents made available to or prepared for or by the Council shall be available for public inspection and copying at a single location in a publicly accessible format on a website of the Department of Defense until the Council ceases to exist. (2) Minutes \n(A) In general \nDetailed minutes of each meeting of the Council shall be kept and shall contain— (i) a record of the individuals present; (ii) a complete and accurate description of matters discussed and conclusions reached; and (iii) copies of all reports received, issued, or approved by the Council. (B) Certification \nThe chair of the Council shall certify the accuracy of the minutes of each meeting of the Council. (f) Annual reports \n(1) In general \nNot later than March 1 each year, the Council shall submit to the Secretary of Defense and the congressional defense committees a report on privatized military housing readiness. (2) Elements \nEach report under this subsection shall include the following: (A) An assessment of the adequacy and effectiveness of the provision of privatized military housing and the activities of the Department of Defense in meeting the needs of military families relating to housing during the preceding fiscal year. (B) A description of activities of the Council during the preceding fiscal year, including— (i) analyses of complaints of tenants of housing units; (ii) data received by the Council on maintenance response time and completion of maintenance requests relating to housing units; (iii) assessments of dispute resolution processes; (iv) assessments of overall customer service for tenants; (v) assessments of results of housing inspections conducted with and without notice; and (vi) any survey results conducted on behalf of or received by the Council. (C) Recommendations on actions to be taken to improve the capability of the provision of privatized military housing and the activities of the Department of Defense to meet the needs and requirements of military families relating to housing, including actions relating to the allocation of funding and other resources. (3) Public availability \nEach report under this subsection shall be made available in a publicly accessible format on a website of the Department of Defense. (g) Definitions \nIn this section: (1) Landlord \nThe term landlord has the meaning given that term in section 2871 of this title. (2) Privatized military housing \nThe term privatized military housing means housing provided under subchapter IV of chapter 169 of this title..", "id": "id9bcf73c5a4ba409d8b4abdf0449f8673", "header": "In general", "nested": [], "links": [ { "text": "chapter 88", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/88" }, { "text": "section 1781c", "legal-doc": "usc", "parsable-cite": "usc/10/1781c" }, { "text": "section 2890", "legal-doc": "usc", "parsable-cite": "usc/26/2890" }, { "text": "section 2894a", "legal-doc": "usc", "parsable-cite": "usc/26/2894a" }, { "text": "section 2871", "legal-doc": "usc", "parsable-cite": "usc/26/2871" }, { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/169" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1781c the following new item: 1781d. Department of Defense Military Housing Readiness Council..", "id": "id3be9a3438928469aaecdf580045473e1", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "chapter 88", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/88" }, { "text": "section 1781c", "legal-doc": "usc", "parsable-cite": "usc/10/1781c" }, { "text": "section 2890", "legal-doc": "usc", "parsable-cite": "usc/26/2890" }, { "text": "section 2894a", "legal-doc": "usc", "parsable-cite": "usc/26/2894a" }, { "text": "section 2871", "legal-doc": "usc", "parsable-cite": "usc/26/2871" }, { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/169" } ] }, { "text": "1781d. Department of Defense Military Housing Readiness Council \n(a) In general \nThere is in the Department of Defense the Department of Defense Military Housing Readiness Council (in this section referred to as the Council ). (b) Members \n(1) In general \nThe Council shall be composed of the following members: (A) The Assistant Secretary of Defense for Energy, Installations, and Environment, who shall serve as chair of the Council and who may designate a representative to chair the Council in the absence of the Assistant Secretary. (B) One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force, each of whom shall be a member of the armed force to be represented and not fewer than two of which shall be from an enlisted component. (C) One spouse of a member of each of the Army, Navy, Air Force, Marine Corps, and Space Force on active duty, not fewer than two of which shall be the spouse of an enlisted member. (D) One professional from each of the following fields, each of whom shall possess expertise in State and Federal housing standards in their respective field: (i) Plumbing. (ii) Electrical. (iii) Heating, ventilation, and air conditioning (HVAC). (iv) Certified home inspection. (v) Roofing. (vi) Structural engineering. (vii) Window fall prevention and safety. (E) Two representatives of organizations that advocate on behalf of military families with respect to military housing. (F) One individual appointed by the Secretary of Defense among representatives of the International Code Council. (G) One individual appointed by the Secretary of Defense among representatives of the Institute of Inspection Cleaning and Restoration Certification. (H) One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops construction standards (such as building, plumbing, mechanical, or electrical). (I) One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops personnel certification standards for building maintenance or restoration. (2) Terms \nThe term on the Council of the members specified under subparagraphs (B) through (M) of paragraph (1) shall be two years and may be renewed by the Secretary of Defense. (3) Attendance by landlords \nThe chair of the Council shall extend an invitation to each landlord for one representative of each landlord to attend such meetings of the Council as the chair considers appropriate. (4) Additional requirements for certain members \nEach member appointed under paragraph (1)(D) may not be affiliated with— (A) any organization that provides privatized military housing; or (B) the Department of Defense. (c) Meetings \nThe Council shall meet two times each year. (d) Duties \nThe duties of the Council shall include the following: (1) To review and make recommendations to the Secretary of Defense regarding policies for privatized military housing, including inspections practices, resident surveys, landlord payment of medical bills for residents of housing units that have not maintained minimum standards of habitability, and access to maintenance work order systems. (2) To monitor compliance by the Department of Defense with and effective implementation by the Department of statutory and regulatory improvements to policies for privatized military housing, including the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title and the complaint database established under section 2894a of this title. (3) To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely information about privatized military housing, accommodations available through the Exceptional Family Member Program of the Department, and other support services among policymakers, providers of such accommodations and other support services, and targeted beneficiaries of such accommodations and other support services. (e) Public reporting \n(1) Availability of documents \nSubject to section 552 of title 5 (commonly known as the Freedom of Information Act ), the records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents made available to or prepared for or by the Council shall be available for public inspection and copying at a single location in a publicly accessible format on a website of the Department of Defense until the Council ceases to exist. (2) Minutes \n(A) In general \nDetailed minutes of each meeting of the Council shall be kept and shall contain— (i) a record of the individuals present; (ii) a complete and accurate description of matters discussed and conclusions reached; and (iii) copies of all reports received, issued, or approved by the Council. (B) Certification \nThe chair of the Council shall certify the accuracy of the minutes of each meeting of the Council. (f) Annual reports \n(1) In general \nNot later than March 1 each year, the Council shall submit to the Secretary of Defense and the congressional defense committees a report on privatized military housing readiness. (2) Elements \nEach report under this subsection shall include the following: (A) An assessment of the adequacy and effectiveness of the provision of privatized military housing and the activities of the Department of Defense in meeting the needs of military families relating to housing during the preceding fiscal year. (B) A description of activities of the Council during the preceding fiscal year, including— (i) analyses of complaints of tenants of housing units; (ii) data received by the Council on maintenance response time and completion of maintenance requests relating to housing units; (iii) assessments of dispute resolution processes; (iv) assessments of overall customer service for tenants; (v) assessments of results of housing inspections conducted with and without notice; and (vi) any survey results conducted on behalf of or received by the Council. (C) Recommendations on actions to be taken to improve the capability of the provision of privatized military housing and the activities of the Department of Defense to meet the needs and requirements of military families relating to housing, including actions relating to the allocation of funding and other resources. (3) Public availability \nEach report under this subsection shall be made available in a publicly accessible format on a website of the Department of Defense. (g) Definitions \nIn this section: (1) Landlord \nThe term landlord has the meaning given that term in section 2871 of this title. (2) Privatized military housing \nThe term privatized military housing means housing provided under subchapter IV of chapter 169 of this title.", "id": "ida79a84e75f99476e94cc6ba0d5e4f906", "header": "Department of Defense Military Housing Readiness Council", "nested": [ { "text": "(a) In general \nThere is in the Department of Defense the Department of Defense Military Housing Readiness Council (in this section referred to as the Council ).", "id": "ida6f0d87b8a3548dea0bf1ab5d1fd26a2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Members \n(1) In general \nThe Council shall be composed of the following members: (A) The Assistant Secretary of Defense for Energy, Installations, and Environment, who shall serve as chair of the Council and who may designate a representative to chair the Council in the absence of the Assistant Secretary. (B) One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force, each of whom shall be a member of the armed force to be represented and not fewer than two of which shall be from an enlisted component. (C) One spouse of a member of each of the Army, Navy, Air Force, Marine Corps, and Space Force on active duty, not fewer than two of which shall be the spouse of an enlisted member. (D) One professional from each of the following fields, each of whom shall possess expertise in State and Federal housing standards in their respective field: (i) Plumbing. (ii) Electrical. (iii) Heating, ventilation, and air conditioning (HVAC). (iv) Certified home inspection. (v) Roofing. (vi) Structural engineering. (vii) Window fall prevention and safety. (E) Two representatives of organizations that advocate on behalf of military families with respect to military housing. (F) One individual appointed by the Secretary of Defense among representatives of the International Code Council. (G) One individual appointed by the Secretary of Defense among representatives of the Institute of Inspection Cleaning and Restoration Certification. (H) One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops construction standards (such as building, plumbing, mechanical, or electrical). (I) One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops personnel certification standards for building maintenance or restoration. (2) Terms \nThe term on the Council of the members specified under subparagraphs (B) through (M) of paragraph (1) shall be two years and may be renewed by the Secretary of Defense. (3) Attendance by landlords \nThe chair of the Council shall extend an invitation to each landlord for one representative of each landlord to attend such meetings of the Council as the chair considers appropriate. (4) Additional requirements for certain members \nEach member appointed under paragraph (1)(D) may not be affiliated with— (A) any organization that provides privatized military housing; or (B) the Department of Defense.", "id": "id61bf84ff926d4a91a42becb850fdcd99", "header": "Members", "nested": [], "links": [] }, { "text": "(c) Meetings \nThe Council shall meet two times each year.", "id": "id49e25d1ed8914972a0accfaef4899171", "header": "Meetings", "nested": [], "links": [] }, { "text": "(d) Duties \nThe duties of the Council shall include the following: (1) To review and make recommendations to the Secretary of Defense regarding policies for privatized military housing, including inspections practices, resident surveys, landlord payment of medical bills for residents of housing units that have not maintained minimum standards of habitability, and access to maintenance work order systems. (2) To monitor compliance by the Department of Defense with and effective implementation by the Department of statutory and regulatory improvements to policies for privatized military housing, including the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title and the complaint database established under section 2894a of this title. (3) To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely information about privatized military housing, accommodations available through the Exceptional Family Member Program of the Department, and other support services among policymakers, providers of such accommodations and other support services, and targeted beneficiaries of such accommodations and other support services.", "id": "idd55c31e7be9e49939bae159425e841f5", "header": "Duties", "nested": [], "links": [ { "text": "section 2890", "legal-doc": "usc", "parsable-cite": "usc/26/2890" }, { "text": "section 2894a", "legal-doc": "usc", "parsable-cite": "usc/26/2894a" } ] }, { "text": "(e) Public reporting \n(1) Availability of documents \nSubject to section 552 of title 5 (commonly known as the Freedom of Information Act ), the records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents made available to or prepared for or by the Council shall be available for public inspection and copying at a single location in a publicly accessible format on a website of the Department of Defense until the Council ceases to exist. (2) Minutes \n(A) In general \nDetailed minutes of each meeting of the Council shall be kept and shall contain— (i) a record of the individuals present; (ii) a complete and accurate description of matters discussed and conclusions reached; and (iii) copies of all reports received, issued, or approved by the Council. (B) Certification \nThe chair of the Council shall certify the accuracy of the minutes of each meeting of the Council.", "id": "id0ffe8d23bb5945008629db6f74577110", "header": "Public reporting", "nested": [], "links": [] }, { "text": "(f) Annual reports \n(1) In general \nNot later than March 1 each year, the Council shall submit to the Secretary of Defense and the congressional defense committees a report on privatized military housing readiness. (2) Elements \nEach report under this subsection shall include the following: (A) An assessment of the adequacy and effectiveness of the provision of privatized military housing and the activities of the Department of Defense in meeting the needs of military families relating to housing during the preceding fiscal year. (B) A description of activities of the Council during the preceding fiscal year, including— (i) analyses of complaints of tenants of housing units; (ii) data received by the Council on maintenance response time and completion of maintenance requests relating to housing units; (iii) assessments of dispute resolution processes; (iv) assessments of overall customer service for tenants; (v) assessments of results of housing inspections conducted with and without notice; and (vi) any survey results conducted on behalf of or received by the Council. (C) Recommendations on actions to be taken to improve the capability of the provision of privatized military housing and the activities of the Department of Defense to meet the needs and requirements of military families relating to housing, including actions relating to the allocation of funding and other resources. (3) Public availability \nEach report under this subsection shall be made available in a publicly accessible format on a website of the Department of Defense.", "id": "id0755cdfdcbcc4075925526c4ce2164c9", "header": "Annual reports", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section: (1) Landlord \nThe term landlord has the meaning given that term in section 2871 of this title. (2) Privatized military housing \nThe term privatized military housing means housing provided under subchapter IV of chapter 169 of this title.", "id": "idf2272fa597694681ab0bb55a2cd4a4c2", "header": "Definitions", "nested": [], "links": [ { "text": "section 2871", "legal-doc": "usc", "parsable-cite": "usc/26/2871" }, { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/169" } ] } ], "links": [ { "text": "section 2890", "legal-doc": "usc", "parsable-cite": "usc/26/2890" }, { "text": "section 2894a", "legal-doc": "usc", "parsable-cite": "usc/26/2894a" }, { "text": "section 2871", "legal-doc": "usc", "parsable-cite": "usc/26/2871" }, { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/169" } ] }, { "text": "2852. Inclusion in annual status of forces survey of questions regarding living conditions of members of the Armed Forces \nThe Secretary of Defense shall include in each status of forces survey of the Department of Defense conducted on or after the date of the enactment of this Act questions specifically targeting the following areas: (1) Overall satisfaction of members of the Armed Forces with their current living accommodation. (2) Satisfaction of such members with the physical condition of their current living accommodation. (3) Satisfaction of such members with the affordability of their current living accommodation. (4) Whether the current living accommodation of such members has impacted any decision related to reenlistment in the Armed Forces.", "id": "id4ffb52d4bf2943fe83353aaa0d78de38", "header": "Inclusion in annual status of forces survey of questions regarding living conditions of members of the Armed Forces", "nested": [], "links": [] }, { "text": "2861. Land conveyance, BG J Sumner Jones Army Reserve Center, Wheeling, West Virginia \n(a) Conveyance authorized \n(1) In general \nThe Secretary of the Army (in this section referred to as the Secretary ) may convey to the City of Wheeling, West Virginia (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 3.33 acres, known as the former BG J Sumner Jones Army Reserve Center, located within the City, for the purpose of providing emergency management response or law enforcement services. (2) Continuation of existing easements, restrictions, and covenants \nThe conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act. (b) Revisionary interest \n(1) In general \nIf the Secretary determines at any time that the property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereto, may, at the option of the Secretary, revert to and become the property of the United States, and the United States may have the right of immediate entry onto such property. (2) Determination \nA determination by the Secretary under paragraph (1) may be made on the record after an opportunity for a hearing. (c) Payment of costs of conveyance \n(1) Payment required \nThe Secretary may require the City to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. (2) Refund of excess amounts \nIf amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to the City. (d) Limitation on source of funds \nThe City may not use Federal funds to cover any portion of the costs required to be paid by the City under this section. (e) Description of property \nThe exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (f) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "id9f11008c479e44d39b7577890f4e2268", "header": "Land conveyance, BG J Sumner Jones Army Reserve Center, Wheeling, West Virginia", "nested": [ { "text": "(a) Conveyance authorized \n(1) In general \nThe Secretary of the Army (in this section referred to as the Secretary ) may convey to the City of Wheeling, West Virginia (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 3.33 acres, known as the former BG J Sumner Jones Army Reserve Center, located within the City, for the purpose of providing emergency management response or law enforcement services. (2) Continuation of existing easements, restrictions, and covenants \nThe conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act.", "id": "idf3933d1b914040bd95c558821d0eff90", "header": "Conveyance authorized", "nested": [], "links": [] }, { "text": "(b) Revisionary interest \n(1) In general \nIf the Secretary determines at any time that the property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereto, may, at the option of the Secretary, revert to and become the property of the United States, and the United States may have the right of immediate entry onto such property. (2) Determination \nA determination by the Secretary under paragraph (1) may be made on the record after an opportunity for a hearing.", "id": "id75bbae97c66a441799e87440a8c12b70", "header": "Revisionary interest", "nested": [], "links": [] }, { "text": "(c) Payment of costs of conveyance \n(1) Payment required \nThe Secretary may require the City to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. (2) Refund of excess amounts \nIf amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to the City.", "id": "id8b4c8948c42a45ec8edff8b9047d1961", "header": "Payment of costs of conveyance", "nested": [], "links": [] }, { "text": "(d) Limitation on source of funds \nThe City may not use Federal funds to cover any portion of the costs required to be paid by the City under this section.", "id": "ide94d4c6c25be41f3a5bb0094f41237ff", "header": "Limitation on source of funds", "nested": [], "links": [] }, { "text": "(e) Description of property \nThe exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.", "id": "idf45ccfc0eeb44b5b965cd8465a4b9bdc", "header": "Description of property", "nested": [], "links": [] }, { "text": "(f) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "ida8165e107b954dbe838f1826084e6906", "header": "Additional terms and conditions", "nested": [], "links": [] } ], "links": [] }, { "text": "2862. Land conveyance, Wetzel County Memorial Army Reserve Center, New Martinsville, West Virginia \n(a) Conveyance authorized \n(1) In general \nThe Secretary of the Army (in this section referred to as the Secretary ) may convey to the City of New Martinsville, West Virginia (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 2.96 acres, known as the former Wetzel County Memorial Army Reserve Center, located within the City, for the purpose of providing emergency management response or law enforcement services. (2) Continuation of existing easements, restrictions, and covenants \nThe conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act. (b) Revisionary interest \n(1) In general \nIf the Secretary determines at any time that the property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereto, may, at the option of the Secretary, revert to and become the property of the United States, and the United States may have the right of immediate entry onto such property. (2) Determination \nA determination by the Secretary under paragraph (1) may be made on the record after an opportunity for a hearing. (c) Payment of costs of conveyance \n(1) Payment required \nThe Secretary may require the City to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. (2) Refund of excess amounts \nIf amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to the City. (d) Limitation on source of funds \nThe City may not use Federal funds to cover any portion of the costs required to be paid by the City under this section. (e) Description of property \nThe exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (f) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "id98EEB5A2DF914ACF979B534FEC902348", "header": "Land conveyance, Wetzel County Memorial Army Reserve Center, New Martinsville, West Virginia", "nested": [ { "text": "(a) Conveyance authorized \n(1) In general \nThe Secretary of the Army (in this section referred to as the Secretary ) may convey to the City of New Martinsville, West Virginia (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 2.96 acres, known as the former Wetzel County Memorial Army Reserve Center, located within the City, for the purpose of providing emergency management response or law enforcement services. (2) Continuation of existing easements, restrictions, and covenants \nThe conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act.", "id": "id32EECDEE0C834FD18C974CCCED924AD7", "header": "Conveyance authorized", "nested": [], "links": [] }, { "text": "(b) Revisionary interest \n(1) In general \nIf the Secretary determines at any time that the property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereto, may, at the option of the Secretary, revert to and become the property of the United States, and the United States may have the right of immediate entry onto such property. (2) Determination \nA determination by the Secretary under paragraph (1) may be made on the record after an opportunity for a hearing.", "id": "ide090a89246264227882e79405f742a96", "header": "Revisionary interest", "nested": [], "links": [] }, { "text": "(c) Payment of costs of conveyance \n(1) Payment required \nThe Secretary may require the City to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. (2) Refund of excess amounts \nIf amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to the City.", "id": "id411cd422b4ed4f24a80bffc8ab347412", "header": "Payment of costs of conveyance", "nested": [], "links": [] }, { "text": "(d) Limitation on source of funds \nThe City may not use Federal funds to cover any portion of the costs required to be paid by the City under this section.", "id": "id26863eb0b3ab4e968645fe3dc2fc1d11", "header": "Limitation on source of funds", "nested": [], "links": [] }, { "text": "(e) Description of property \nThe exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.", "id": "id7ab45dc0d5064072948e5a7417729a26", "header": "Description of property", "nested": [], "links": [] }, { "text": "(f) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "idb081eea263ff4e85a7cc6f6f18be517f", "header": "Additional terms and conditions", "nested": [], "links": [] } ], "links": [] }, { "text": "2871. Authority to conduct energy resilience and conservation projects at installations where non-Department of Defense funded energy projects have occurred \nSubsection (k) of section 2688 of title 10, United States Codes, is amended to read as follows: (k) Improvement of conveyed utility system \n(1) In the case of a utility system that has been conveyed under this section and that only provides utility services to a military installation, the Secretary of Defense or the Secretary of a military department may authorize a contract on a sole source basis with the conveyee of the utility system to carry out a military construction project as authorized and appropriated for by law for an infrastructure improvement that enhances the reliability, resilience, efficiency, physical security, or cybersecurity of the utility system. (2) The Secretary of Defense or the Secretary of a military Department may convey under subsection (j) any infrastructure constructed under paragraph (1) that is in addition to the utility system conveyed under such paragraph..", "id": "idaf3f4ba2f6744f79a8d0b99bf00d9bc0", "header": "Authority to conduct energy resilience and conservation projects at installations where non-Department of Defense funded energy projects have occurred", "nested": [], "links": [] }, { "text": "2872. Limitation on authority to modify or restrict public access to Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland \n(a) In general \nExcept as provided in subsection (b), the Secretary of the Navy may not modify or restrict public access to the Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland, until— (1) the Secretary submits to Congress a report describing the manner in which such access will be modified or restricted; and (2) a law is enacted permitting such modifications or restrictions. (b) Exceptions \nSubsection (a) shall not apply to— (1) temporary restrictions to protect public safety that are necessitated by emergent situations, hazardous conditions, maintenance of existing facilities, or live fire exercises; or (2) the lease or transfer of the Greenbury Point Conservation Area to another public entity.", "id": "id83c08069e17d4440bc63b8d85b6c99b4", "header": "Limitation on authority to modify or restrict public access to Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland", "nested": [ { "text": "(a) In general \nExcept as provided in subsection (b), the Secretary of the Navy may not modify or restrict public access to the Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland, until— (1) the Secretary submits to Congress a report describing the manner in which such access will be modified or restricted; and (2) a law is enacted permitting such modifications or restrictions.", "id": "id87451df9444b4f9991ecce4fbc2a11e5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exceptions \nSubsection (a) shall not apply to— (1) temporary restrictions to protect public safety that are necessitated by emergent situations, hazardous conditions, maintenance of existing facilities, or live fire exercises; or (2) the lease or transfer of the Greenbury Point Conservation Area to another public entity.", "id": "id9e0440409e534e2494212058f09735c0", "header": "Exceptions", "nested": [], "links": [] } ], "links": [] }, { "text": "2873. Authorization for the Secretary of the Navy to resolve the electrical utility operations at Former Naval Air Station Barbers Point (currently known as Kalaeloa ), Hawaii \n(a) In general \nThe Secretary of the Navy (in this section referred to as the Secretary ) may enter into an agreement with the State of Hawaii for the purpose of resolving the electrical utility operations at Former Naval Air Station Barbers Point, also known as Kalaeloa , Hawaii. (b) Elements of agreement \nAn agreement entered into under subsection (a) shall include a requirement that the Secretary— (1) assist with— (A) the transfer of customers of the Navy off of the electrical utility system of the Navy in the location specified in such subsection; and (B) the enhancement of the new surrounding electrical system to accept any additional load from such transfer, with a priority in the downtown area, which is home to nine large customers, including the Hawaii Army National Guard; (2) provide the instantaneous peak demand analysis and design necessary to conduct such transfer; (3) provide rights of way and easements necessary to support the construction of replacement electrical infrastructure; and (4) be responsible for all environmental assessments and remediation and costs related to the removal and disposal of the electrical utility system of the Navy once it is no longer in use. (c) Limitation on expenditure of amounts \nThe Secretary may expend not more than $48,000,000 during any fiscal year to provide support for an agreement entered into under subsection (a). (d) Notification \nNot later than 180 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter, the Secretary shall submit to the congressional defense committees a report on progress made in initiating and executing an agreement under subsection (a).", "id": "id48eaedf598574e5bbe2797e9d6de7204", "header": "Authorization for the Secretary of the Navy to resolve the electrical utility operations at Former Naval Air Station Barbers Point (currently known as Kalaeloa), Hawaii", "nested": [ { "text": "(a) In general \nThe Secretary of the Navy (in this section referred to as the Secretary ) may enter into an agreement with the State of Hawaii for the purpose of resolving the electrical utility operations at Former Naval Air Station Barbers Point, also known as Kalaeloa , Hawaii.", "id": "id2b5849c1824b4684bf20f5a781be0e6b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements of agreement \nAn agreement entered into under subsection (a) shall include a requirement that the Secretary— (1) assist with— (A) the transfer of customers of the Navy off of the electrical utility system of the Navy in the location specified in such subsection; and (B) the enhancement of the new surrounding electrical system to accept any additional load from such transfer, with a priority in the downtown area, which is home to nine large customers, including the Hawaii Army National Guard; (2) provide the instantaneous peak demand analysis and design necessary to conduct such transfer; (3) provide rights of way and easements necessary to support the construction of replacement electrical infrastructure; and (4) be responsible for all environmental assessments and remediation and costs related to the removal and disposal of the electrical utility system of the Navy once it is no longer in use.", "id": "idf08fdacaa7724736aa73efc9fdcd9486", "header": "Elements of agreement", "nested": [], "links": [] }, { "text": "(c) Limitation on expenditure of amounts \nThe Secretary may expend not more than $48,000,000 during any fiscal year to provide support for an agreement entered into under subsection (a).", "id": "id51b957bfa6a94bed8c76322fb42e442b", "header": "Limitation on expenditure of amounts", "nested": [], "links": [] }, { "text": "(d) Notification \nNot later than 180 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter, the Secretary shall submit to the congressional defense committees a report on progress made in initiating and executing an agreement under subsection (a).", "id": "id1b0685acab0b40ecbef2f0f30c9c2f8e", "header": "Notification", "nested": [], "links": [] } ], "links": [] }, { "text": "2874. Clarification of other transaction authority for installation or facility prototyping \nSection 4022(i) of title 10, United States Code, is amended— (1) in paragraph (2)— (A) in subparagraph (A), by striking ; and and inserting a period; (B) by striking subparagraph (B); and (C) by striking paragraph (1) and all that follows through not more and inserting paragraph (1), except for projects carried out for the purpose of repairing a facility, not more ; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following new paragraph (3): (3) Use of amounts \nThe Secretary of Defense or the Secretary of a military department may carry out prototype projects under the pilot program established under paragraph (1) using amounts available for military construction, notwithstanding— (A) subchapters I and III of chapter 169 of this title; and (B) chapters 221 and 223 of this title..", "id": "ID7a8205881392425a96a936c351ae72b0", "header": "Clarification of other transaction authority for installation or facility prototyping", "nested": [], "links": [ { "text": "chapter 169", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/169" } ] }, { "text": "2875. Requirement that Department of Defense include military installation resilience in real property management and installation master planning of Department \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall— (1) update Department of Defense Instruction 4165.70 (relating to real property management) and Unified Facilities Criteria 2–100–01 (relating to installation master planning) to— (A) include a requirement to incorporate the impact of military installation resilience in all installation master plans; (B) include a list of all sources of information approved by the Department of Defense; (C) define the 17 military installation resilience hazards to ensure that the impacts from such hazards are reported consistently across the Department; (D) require military installations to address the rationale for determining that any such hazard is not applicable to the installation; (E) standardize reporting formats for military installation resilience plans; (F) establish and define standardized risk rating categories for the use by all military departments; and (G) define criteria for determining the level of risk to an installation to compare hazards between military departments; and (2) require the Secretary of each military department to update the handbook for the military department concerned to incorporate the requirements under paragraph (1).", "id": "idd2913943d08c4e77bf3870b4f528b29e", "header": "Requirement that Department of Defense include military installation resilience in real property management and installation master planning of Department", "nested": [], "links": [] }, { "text": "2876. Increase of limitation on fee for architectural and engineering services procured by military departments \n(a) Army \nSection 7540(b) of title 10, United States Code, is amended by striking 6 percent and inserting 10 percent. (b) Navy \nSection 8612(b) of such title is amended by striking 6 percent and inserting 10 percent. (c) Air Force \nSection 9540(b) of such title is amended by striking 6 percent and inserting 10 percent.", "id": "idc8b55c7d1da84bd9b94c39e94ebd1c7e", "header": "Increase of limitation on fee for architectural and engineering services procured by military departments", "nested": [ { "text": "(a) Army \nSection 7540(b) of title 10, United States Code, is amended by striking 6 percent and inserting 10 percent.", "id": "idd6d0e16efc85438d85fd6125da1e08db", "header": "Army", "nested": [], "links": [] }, { "text": "(b) Navy \nSection 8612(b) of such title is amended by striking 6 percent and inserting 10 percent.", "id": "idc4a40940785045ad9f13b6264b7afb94", "header": "Navy", "nested": [], "links": [ { "text": "Section 8612(b)", "legal-doc": "usc", "parsable-cite": "usc/26/8612" } ] }, { "text": "(c) Air Force \nSection 9540(b) of such title is amended by striking 6 percent and inserting 10 percent.", "id": "idd65de6c3b22f43ffa0f57d58abebfaf7", "header": "Air Force", "nested": [], "links": [ { "text": "Section 9540(b)", "legal-doc": "usc", "parsable-cite": "usc/26/9540" } ] } ], "links": [ { "text": "Section 8612(b)", "legal-doc": "usc", "parsable-cite": "usc/26/8612" }, { "text": "Section 9540(b)", "legal-doc": "usc", "parsable-cite": "usc/26/9540" } ] }, { "text": "2877. Requirement that all material types be considered for design-bid-build military construction projects \n(a) In general \nThe Secretary concerned may not proceed from the design phase of a design-bid-build military construction project or solicit bids for the construction phase of a design-bid-build military construction project until the Secretary of Defense certifies that all materials included in the Unified Facilities Criteria of the Department of Defense have been equally considered for such project. (b) Annual report \nNot later than January 1 of each year, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report— (1) detailing the primary construction material for each design-bid-build military construction project for which a contract was awarded during the previous fiscal year in an amount that exceeds $6,000,000; and (2) identifying whether each such project was designed or constructed based off a shelf design used at another installation of the Department of Defense. (c) Secretary concerned defined \nIn this section, the term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.", "id": "id8066F766BBAC412E80F13E0F25745AA6", "header": "Requirement that all material types be considered for design-bid-build military construction projects", "nested": [ { "text": "(a) In general \nThe Secretary concerned may not proceed from the design phase of a design-bid-build military construction project or solicit bids for the construction phase of a design-bid-build military construction project until the Secretary of Defense certifies that all materials included in the Unified Facilities Criteria of the Department of Defense have been equally considered for such project.", "id": "ided5bfb03a65c46f7a217e447ed8ddda6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Annual report \nNot later than January 1 of each year, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report— (1) detailing the primary construction material for each design-bid-build military construction project for which a contract was awarded during the previous fiscal year in an amount that exceeds $6,000,000; and (2) identifying whether each such project was designed or constructed based off a shelf design used at another installation of the Department of Defense.", "id": "id83a542bea1554331926f00a0465fce5c", "header": "Annual report", "nested": [], "links": [] }, { "text": "(c) Secretary concerned defined \nIn this section, the term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.", "id": "idd406d8e494274ce2889702e0cf9f23ff", "header": "Secretary concerned defined", "nested": [], "links": [] } ], "links": [] }, { "text": "2878. Continuing education curriculum for members of the military construction planning and design workforce and acquisition workforce of the Department of Defense \n(a) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall establish a continuing education curriculum for members of the military construction planning and design workforce of the Department of Defense and the acquisition workforce of the Department responsible for military construction projects. (b) Curriculum \nThe continuing education curriculum required under subsection (a)— (1) shall be focused on improving the understanding, awareness, and utilization of innovative products for construction systems with increased benefits relating to— (A) construction speed; (B) anti-terrorism force protection; (C) lateral wind, seismic activity, and fire performance standards; (D) designs that factor in military installation resilience and protection against extreme weather events; (E) life-cycle cost effectiveness and sustainability; (F) renewability; and (G) carbon sequestration; and (2) shall include instruction relating to— (A) all sustainable building materials, such as innovative wood products and mass timber systems; and (B) designs to improve military installation resilience using projection data against extreme weather events. (c) Availability and update \nThe Secretary shall ensure that— (1) the continuing education curriculum required under subsection (a) is made available to each element of the military construction community not later than 60 days after completion of the curriculum; and (2) such curriculum is updated whenever a new construction material is approved by the Unified Facilities Criteria of the Department. (d) Academia input \nIn developing the continuing education curriculum required under subsection (a), the Secretary shall consult with academic institutions. (e) Timing \nNot later than January 1, 2025, the Secretary shall ensure that— (1) not less than 75 percent of the workforce described in subsection (a) has completed the first iteration of the continuing education curriculum required under such subsection; and (2) such workforce receives updated information on innovative construction techniques on a continuing basis. (f) Report \nNot later than June 1, 2024, the Secretary shall submit to appropriate committees of Congress a report containing an update on the status of the continuing education curriculum required under subsection (a). (g) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the House of Representatives. (2) Military installation resilience \nThe term military installation resilience has the meaning given that term in section 101(e)(8) of title 10, United States Code.", "id": "id712fc90490914a2f87f6800ea4b1740a", "header": "Continuing education curriculum for members of the military construction planning and design workforce and acquisition workforce of the Department of Defense", "nested": [ { "text": "(a) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall establish a continuing education curriculum for members of the military construction planning and design workforce of the Department of Defense and the acquisition workforce of the Department responsible for military construction projects.", "id": "ide4d02bfd35af45808feea3bb25027983", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Curriculum \nThe continuing education curriculum required under subsection (a)— (1) shall be focused on improving the understanding, awareness, and utilization of innovative products for construction systems with increased benefits relating to— (A) construction speed; (B) anti-terrorism force protection; (C) lateral wind, seismic activity, and fire performance standards; (D) designs that factor in military installation resilience and protection against extreme weather events; (E) life-cycle cost effectiveness and sustainability; (F) renewability; and (G) carbon sequestration; and (2) shall include instruction relating to— (A) all sustainable building materials, such as innovative wood products and mass timber systems; and (B) designs to improve military installation resilience using projection data against extreme weather events.", "id": "ide8b4bcf662f44dc38a245fed2afc22ed", "header": "Curriculum", "nested": [], "links": [] }, { "text": "(c) Availability and update \nThe Secretary shall ensure that— (1) the continuing education curriculum required under subsection (a) is made available to each element of the military construction community not later than 60 days after completion of the curriculum; and (2) such curriculum is updated whenever a new construction material is approved by the Unified Facilities Criteria of the Department.", "id": "id856c228b29a94f3fa407dad575815a2c", "header": "Availability and update", "nested": [], "links": [] }, { "text": "(d) Academia input \nIn developing the continuing education curriculum required under subsection (a), the Secretary shall consult with academic institutions.", "id": "id4fe0fa5d25ef44489c61669935627bba", "header": "Academia input", "nested": [], "links": [] }, { "text": "(e) Timing \nNot later than January 1, 2025, the Secretary shall ensure that— (1) not less than 75 percent of the workforce described in subsection (a) has completed the first iteration of the continuing education curriculum required under such subsection; and (2) such workforce receives updated information on innovative construction techniques on a continuing basis.", "id": "id29685a3f03394776899785ef425428ac", "header": "Timing", "nested": [], "links": [] }, { "text": "(f) Report \nNot later than June 1, 2024, the Secretary shall submit to appropriate committees of Congress a report containing an update on the status of the continuing education curriculum required under subsection (a).", "id": "iddd369f175b914eab982c30a052a6edbd", "header": "Report", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the House of Representatives. (2) Military installation resilience \nThe term military installation resilience has the meaning given that term in section 101(e)(8) of title 10, United States Code.", "id": "id7c959a5116134a6296a32931d58ea6c1", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "2879. Guidance on Department of Defense-wide standards for access to installations of the Department \n(a) Interim guidance \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate interim guidance to the appropriate official or officials within the Department of Defense for purposes of establishing final standards of the Department for fitness of individuals for access to installations of the Department, which shall include modifying Department of Defense Manual 5200.08, Physical Security Program: Access to DoD Installations , or any comparable or successor policy guidance document. (b) Final guidance \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate final guidance described in subsection (a). (c) Briefing \nNot later than 60 days after promulgating interim guidance required under subsection (a), the Secretary of Defense shall brief the Committees on Armed Services of the Senate the House of Representatives on such guidance, which shall include a timeline for promulgation of final guidance as required under subsection (b).", "id": "id2C7B9FC8FBC5431A86A608406A1A4C30", "header": "Guidance on Department of Defense-wide standards for access to installations of the Department", "nested": [ { "text": "(a) Interim guidance \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate interim guidance to the appropriate official or officials within the Department of Defense for purposes of establishing final standards of the Department for fitness of individuals for access to installations of the Department, which shall include modifying Department of Defense Manual 5200.08, Physical Security Program: Access to DoD Installations , or any comparable or successor policy guidance document.", "id": "idb1549989a341408993713793f0adca98", "header": "Interim guidance", "nested": [], "links": [] }, { "text": "(b) Final guidance \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate final guidance described in subsection (a).", "id": "id1cf148e7f6b64e47851ebea67e021d94", "header": "Final guidance", "nested": [], "links": [] }, { "text": "(c) Briefing \nNot later than 60 days after promulgating interim guidance required under subsection (a), the Secretary of Defense shall brief the Committees on Armed Services of the Senate the House of Representatives on such guidance, which shall include a timeline for promulgation of final guidance as required under subsection (b).", "id": "id0b3495e179d14d2fabe9e2c8f80045e7", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "2880. Deployment of existing construction materials \n(a) Plan \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan to utilize, transfer, or donate to States on the southern border of the United States all existing excess border wall construction materials, including bollards, for constructing a permanent physical barrier to stop illicit human and vehicle traffic along the border of the United States with Mexico. (b) Execution of plan \nNot later than 15 days after submitting to Congress the plan required under subsection (a), taking into account ongoing audits being conducted by the Defense Contract Audit Agency and ongoing construction contract negotiations by the Army Corps of Engineers, so long as any ongoing audits or construction contract negotiations are not a cause for delay, the Secretary shall work with the Defense Logistics Agency to execute that plan until the Department of Defense is no longer incurring any costs to maintain, store, or protect the materials specified under such subsection. (c) Requirements of requesting States \nAny State requesting border wall construction materials made available under this section must certify, in writing, that the materials it accepts will be exclusively used for the construction of a permanent physical barrier along the border of the United States with Mexico. (d) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the following: (1) A detailed description of the decision process of the Secretary to forgo the excess property disposal process of the Department of Defense and instead pay to store border wall panels. (2) A list of entities the Department is paying for use of their privately owned land to store unused border wall construction materials, with appropriate action taken to protect personally identifiable information, such as by making the list of entities available in an annex that is labeled as controlled unclassified information. (3) An explanation of the process through which the Department contracted with private landowners to store unused border wall construction materials, including whether there was a competitive contracting process and whether the landowners have instituted an inventory review system. (4) A description of any investigations by the Inspector General of the Department that have been opened related to storing border wall construction materials.", "id": "idac12c82e3f5448d2889bc8e5f67a1910", "header": "Deployment of existing construction materials", "nested": [ { "text": "(a) Plan \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan to utilize, transfer, or donate to States on the southern border of the United States all existing excess border wall construction materials, including bollards, for constructing a permanent physical barrier to stop illicit human and vehicle traffic along the border of the United States with Mexico.", "id": "idb9160288ef1749af9ad5f6e54f5341db", "header": "Plan", "nested": [], "links": [] }, { "text": "(b) Execution of plan \nNot later than 15 days after submitting to Congress the plan required under subsection (a), taking into account ongoing audits being conducted by the Defense Contract Audit Agency and ongoing construction contract negotiations by the Army Corps of Engineers, so long as any ongoing audits or construction contract negotiations are not a cause for delay, the Secretary shall work with the Defense Logistics Agency to execute that plan until the Department of Defense is no longer incurring any costs to maintain, store, or protect the materials specified under such subsection.", "id": "ida47917ee89764831aeae9a829d9a1dd1", "header": "Execution of plan", "nested": [], "links": [] }, { "text": "(c) Requirements of requesting States \nAny State requesting border wall construction materials made available under this section must certify, in writing, that the materials it accepts will be exclusively used for the construction of a permanent physical barrier along the border of the United States with Mexico.", "id": "id66febe45b08343cba2d91cb62e7c5563", "header": "Requirements of requesting States", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the following: (1) A detailed description of the decision process of the Secretary to forgo the excess property disposal process of the Department of Defense and instead pay to store border wall panels. (2) A list of entities the Department is paying for use of their privately owned land to store unused border wall construction materials, with appropriate action taken to protect personally identifiable information, such as by making the list of entities available in an annex that is labeled as controlled unclassified information. (3) An explanation of the process through which the Department contracted with private landowners to store unused border wall construction materials, including whether there was a competitive contracting process and whether the landowners have instituted an inventory review system. (4) A description of any investigations by the Inspector General of the Department that have been opened related to storing border wall construction materials.", "id": "id5a01376e62bb44b1bea75643221de520", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "2881. Technical corrections \n(a) Numu Newe Special Management Area \nSection 2902(c) of the Military Construction Authorization Act for Fiscal Year 2023 ( 16 U.S.C. 460gggg(c) ) is amended by striking 217,845 and inserting 209,181. (b) Reduction of impact of Fallon Range Training Complex modernization \nSection 2995(a)(3)(A) of the Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66 ), as added by section 2901 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ; 136 Stat. 3016) is amended by inserting Gas after Basin.", "id": "id49883650a92a478fbeb6ded9ceb285fd", "header": "Technical corrections", "nested": [ { "text": "(a) Numu Newe Special Management Area \nSection 2902(c) of the Military Construction Authorization Act for Fiscal Year 2023 ( 16 U.S.C. 460gggg(c) ) is amended by striking 217,845 and inserting 209,181.", "id": "id9b23d6036ee44f4c8c9734dfa872f049", "header": "Numu Newe Special Management Area", "nested": [], "links": [ { "text": "16 U.S.C. 460gggg(c)", "legal-doc": "usc", "parsable-cite": "usc/16/460gggg" } ] }, { "text": "(b) Reduction of impact of Fallon Range Training Complex modernization \nSection 2995(a)(3)(A) of the Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66 ), as added by section 2901 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 ; 136 Stat. 3016) is amended by inserting Gas after Basin.", "id": "idd0cde5d8ce22409db5545f951500dde2", "header": "Reduction of impact of Fallon Range Training Complex modernization", "nested": [], "links": [ { "text": "Public Law 113–66", "legal-doc": "public-law", "parsable-cite": "pl/113/66" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] } ], "links": [ { "text": "16 U.S.C. 460gggg(c)", "legal-doc": "usc", "parsable-cite": "usc/16/460gggg" }, { "text": "Public Law 113–66", "legal-doc": "public-law", "parsable-cite": "pl/113/66" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "3101. National Nuclear Security Administration \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects \nFrom funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 24–D–513, Z-Pinch Experimental Underground System Test Bed Facilities Improvement, Nevada National Security Site, Nye County, Nevada, $80,000,000. Project 24–D–512, TA–46 Protective Force Facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $48,500,000. Project 24–D–511, Plutonium Production Building, Los Alamos National Laboratory, Los Alamos, New Mexico, $48,500,000. Project 24–D–510, Analytic Gas Laboratory, Pantex Plant, Panhandle, Texas, $35,000,000. Project 24–D–530, Naval Reactors Facility Medical Science Complex, Idaho Falls, Idaho, $36,584,000.", "id": "id823F86B109CC40239F4B1E8A7EC6656C", "header": "National Nuclear Security Administration", "nested": [ { "text": "(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.", "id": "id59cae2a885d14570940a16199d5b91f2", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Authorization of new plant projects \nFrom funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 24–D–513, Z-Pinch Experimental Underground System Test Bed Facilities Improvement, Nevada National Security Site, Nye County, Nevada, $80,000,000. Project 24–D–512, TA–46 Protective Force Facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $48,500,000. Project 24–D–511, Plutonium Production Building, Los Alamos National Laboratory, Los Alamos, New Mexico, $48,500,000. Project 24–D–510, Analytic Gas Laboratory, Pantex Plant, Panhandle, Texas, $35,000,000. Project 24–D–530, Naval Reactors Facility Medical Science Complex, Idaho Falls, Idaho, $36,584,000.", "id": "id03d96a86d6ec45d8b8679106baf3ca5e", "header": "Authorization of new plant projects", "nested": [], "links": [] } ], "links": [] }, { "text": "3102. Defense environmental cleanup \n(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects \nFrom funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects: Project 24–D–401, Environmental Restoration Disposal Facility Super Cell 11 Expansion Project, Hanford Site, Richland, Washington, $1,000,000.", "id": "id237229D014114E05AAC4009D5AD20528", "header": "Defense environmental cleanup", "nested": [ { "text": "(a) Authorization of appropriations \nFunds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.", "id": "idBB370B1FE6B44AC6824A821791800915", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Authorization of new plant projects \nFrom funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects: Project 24–D–401, Environmental Restoration Disposal Facility Super Cell 11 Expansion Project, Hanford Site, Richland, Washington, $1,000,000.", "id": "idD37DDB7A3E8244218F28B29D2105EB7E", "header": "Authorization of new plant projects", "nested": [], "links": [] } ], "links": [] }, { "text": "3103. Other defense activities \nFunds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 for other defense activities in carrying out programs as specified in the funding table in section 4701.", "id": "id6AFBAE340BA64E689EA1F42A99EFEA47", "header": "Other defense activities", "nested": [], "links": [] }, { "text": "3104. Nuclear energy \nFunds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 for nuclear energy as specified in the funding table in section 4701.", "id": "id3D03DBB067DC4B39A45D57C0BEF000CE", "header": "Nuclear energy", "nested": [], "links": [] }, { "text": "3111. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium \nNone of the funds authorized to be appropriated by this Act for fiscal year 2024 for the National Nuclear Security Administration for the purpose of conducting research and development of an advanced naval nuclear fuel system based on low-enriched uranium may be obligated or expended until the following determinations are submitted to the congressional defense committees: (1) A determination made jointly by the Secretary of Energy and the Secretary of Defense with respect to whether the determination made jointly by the Secretary of Energy and the Secretary of the Navy pursuant to section 3118(c)(1) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1196) and submitted to the congressional defense committees on March 25, 2018, that the United States should not pursue research and development of an advanced naval nuclear fuel system based on low-enriched uranium, remains valid. (2) A determination by the Secretary of the Navy with respect to whether an advanced naval nuclear fuel system based on low-enriched uranium can be produced that would not reduce vessel capability, increase expense, or reduce operational availability as a result of refueling requirements.", "id": "id8da7a51ee2d5486f982cdfdc3469d96f", "header": "Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium", "nested": [], "links": [ { "text": "Public Law 114–92", "legal-doc": "public-law", "parsable-cite": "pl/114/92" } ] }, { "text": "3112. Prohibition on ARIES expansion before realization of 30 pit per year base capability \nSection 4219 of the Atomic Energy Defense Act ( 50 U.S.C. 2538a ) is amended by— (a) redesignating subsection (f) as subsection (g); and (b) inserting after subsection (e) the following new subsection (f): (f) Prohibition on ARIES expansion before realization of 30 pit per year base capability \n(1) In general \nUnless the Administrator certifies to the congressional defense committees that the base capability to produce 30 plutonium pits per year has been established at Los Alamos National Laboratory, the Advanced Recovery and Integrated Extraction System (commonly known as ARIES ) spaces at the Plutonium Facility at Technical Area 55 (commonly known as PF–4 ) may not be modified, including by installing additional equipment. (2) Exceptions \nParagraph (1) shall not apply with respect to— (A) the planning and design of an additional ARIES capability; or (B) the transfer of the ARIES capability to a location other than PF–4..", "id": "ide65a8c4e22254f8d8388f78adff1468b", "header": "Prohibition on ARIES expansion before realization of 30 pit per year base capability", "nested": [ { "text": "(a) redesignating subsection (f) as subsection (g); and", "id": "idb6778712daeb42b7848de7636b652fb0", "header": null, "nested": [], "links": [] }, { "text": "(b) inserting after subsection (e) the following new subsection (f): (f) Prohibition on ARIES expansion before realization of 30 pit per year base capability \n(1) In general \nUnless the Administrator certifies to the congressional defense committees that the base capability to produce 30 plutonium pits per year has been established at Los Alamos National Laboratory, the Advanced Recovery and Integrated Extraction System (commonly known as ARIES ) spaces at the Plutonium Facility at Technical Area 55 (commonly known as PF–4 ) may not be modified, including by installing additional equipment. (2) Exceptions \nParagraph (1) shall not apply with respect to— (A) the planning and design of an additional ARIES capability; or (B) the transfer of the ARIES capability to a location other than PF–4..", "id": "id836a852b21f34db698f19a86598a6ab9", "header": null, "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 2538a", "legal-doc": "usc", "parsable-cite": "usc/50/2538a" } ] }, { "text": "3113. Plutonium Modernization Program management \nSection 4219 of the Atomic Energy Defense Act ( 50 U.S.C. 2538a ) is amended by adding at the end the following new subsection: (h) Not later than 570 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall ensure that the plutonium modernization program established by the Office of Defense Programs of the National Nuclear Security Administration, or any subsequently developed program designed to meet the requirements under subsection (a), is managed in accordance with the requirements of the Enhanced Management A program management category described in the execution instruction of the Office of Defense Programs entitled DP Program Execution Instruction: NA–10 Program Management Tools and Processes and issued on January 14, 2016, or any subsequent directive..", "id": "id81D49671A81E4EF184F7980BFD34343A", "header": "Plutonium Modernization Program management", "nested": [], "links": [ { "text": "50 U.S.C. 2538a", "legal-doc": "usc", "parsable-cite": "usc/50/2538a" } ] }, { "text": "3114. Pantex explosives manufacturing capability \nSubtitle A of title XLII of the Atomic Energy Defense Act ( 50 U.S.C. 2521 et seq. ) is amended by adding at the end the following new section: 4225. Pantex explosives manufacturing capability \n(a) In general \nNot later than the date on which the W87–1 modification program enters into phase 6.5 of the joint nuclear weapons life cycle process (as defined in section 4220), the Administrator shall establish at the Pantex Plant a conventional high explosives production capability with sufficient capacity to support full rate production of the main explosives used for the W87–1 warhead. (b) Briefing \nOn the day after the date that the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2025 and each fiscal year thereafter, the Administrator shall brief the congressional defense committees on the progress of the Administration in achieving the capability described in subsection (a). (c) Termination \nSubsection (b) shall terminate upon the date that the Administrator certifies to the congressional defense committees that the capability described in subsection (a) has been achieved..", "id": "idD2A4C5EA9FF446DC85ACC7BB9E3B60B0", "header": "Pantex explosives manufacturing capability", "nested": [], "links": [ { "text": "50 U.S.C. 2521 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/2521" } ] }, { "text": "4225. Pantex explosives manufacturing capability \n(a) In general \nNot later than the date on which the W87–1 modification program enters into phase 6.5 of the joint nuclear weapons life cycle process (as defined in section 4220), the Administrator shall establish at the Pantex Plant a conventional high explosives production capability with sufficient capacity to support full rate production of the main explosives used for the W87–1 warhead. (b) Briefing \nOn the day after the date that the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2025 and each fiscal year thereafter, the Administrator shall brief the congressional defense committees on the progress of the Administration in achieving the capability described in subsection (a). (c) Termination \nSubsection (b) shall terminate upon the date that the Administrator certifies to the congressional defense committees that the capability described in subsection (a) has been achieved.", "id": "idd4e0a2637dbc41c092b1e0bd210e078c", "header": "Pantex explosives manufacturing capability", "nested": [ { "text": "(a) In general \nNot later than the date on which the W87–1 modification program enters into phase 6.5 of the joint nuclear weapons life cycle process (as defined in section 4220), the Administrator shall establish at the Pantex Plant a conventional high explosives production capability with sufficient capacity to support full rate production of the main explosives used for the W87–1 warhead.", "id": "id437e81c97ecd445fa6afa69eee0380e6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Briefing \nOn the day after the date that the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2025 and each fiscal year thereafter, the Administrator shall brief the congressional defense committees on the progress of the Administration in achieving the capability described in subsection (a).", "id": "idaf12994615004038834996f5b52883ee", "header": "Briefing", "nested": [], "links": [] }, { "text": "(c) Termination \nSubsection (b) shall terminate upon the date that the Administrator certifies to the congressional defense committees that the capability described in subsection (a) has been achieved.", "id": "ida34734c1fa684cc3a32580c2872523d3", "header": "Termination", "nested": [], "links": [] } ], "links": [] }, { "text": "3115. Limitation on establishing an enduring bioassurance program within the National Nuclear Security Administration \n(a) In general \nSubtitle B of title XLVIII of the Atomic Energy Defense Act ( 50 U.S.C. 2791 et seq. ) is amended by adding at the end the following section: 4815. Limitation on establishing an enduring bioassurance program within the Administration \n(a) In general \nThe Administrator may not establish a program within the Administration for the purposes of executing an enduring national security research and development effort to broaden the role of the Department of Energy in national biodefense. (b) Rule of construction \nThe limitation described in subsection (a) shall not be interpreted— (1) to prohibit the establishment of a bioassurance program for the purpose of executing enduring national security research and development in any component of the Department of Energy other than the Administration or in any other Federal agency; or (2) to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of a bioassurance program, if such support is provided— (A) on a cost-reimbursable basis to an entity that is not a component of the Department of Energy; and (B) in a manner that does not interfere with mission of such laboratory or facility.. (b) Clerical amendment \nThe table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4814 the following new item: Sec. 4815. Limitation on establishing an enduring bioassurance program within the Administration..", "id": "IDff5a15c36f9c4dec8ed6a66b7354a4f6", "header": "Limitation on establishing an enduring bioassurance program within the National Nuclear Security Administration", "nested": [ { "text": "(a) In general \nSubtitle B of title XLVIII of the Atomic Energy Defense Act ( 50 U.S.C. 2791 et seq. ) is amended by adding at the end the following section: 4815. Limitation on establishing an enduring bioassurance program within the Administration \n(a) In general \nThe Administrator may not establish a program within the Administration for the purposes of executing an enduring national security research and development effort to broaden the role of the Department of Energy in national biodefense. (b) Rule of construction \nThe limitation described in subsection (a) shall not be interpreted— (1) to prohibit the establishment of a bioassurance program for the purpose of executing enduring national security research and development in any component of the Department of Energy other than the Administration or in any other Federal agency; or (2) to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of a bioassurance program, if such support is provided— (A) on a cost-reimbursable basis to an entity that is not a component of the Department of Energy; and (B) in a manner that does not interfere with mission of such laboratory or facility..", "id": "id1e02d8d0e78c421b8c2598d86345f80f", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 2791 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/2791" } ] }, { "text": "(b) Clerical amendment \nThe table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4814 the following new item: Sec. 4815. Limitation on establishing an enduring bioassurance program within the Administration..", "id": "idEB68691CFCBF4AB8BC418C5EF6D46F44", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 2791 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/2791" } ] }, { "text": "4815. Limitation on establishing an enduring bioassurance program within the Administration \n(a) In general \nThe Administrator may not establish a program within the Administration for the purposes of executing an enduring national security research and development effort to broaden the role of the Department of Energy in national biodefense. (b) Rule of construction \nThe limitation described in subsection (a) shall not be interpreted— (1) to prohibit the establishment of a bioassurance program for the purpose of executing enduring national security research and development in any component of the Department of Energy other than the Administration or in any other Federal agency; or (2) to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of a bioassurance program, if such support is provided— (A) on a cost-reimbursable basis to an entity that is not a component of the Department of Energy; and (B) in a manner that does not interfere with mission of such laboratory or facility.", "id": "id99e7cad071204135a09302b309403da0", "header": "Limitation on establishing an enduring bioassurance program within the Administration", "nested": [ { "text": "(a) In general \nThe Administrator may not establish a program within the Administration for the purposes of executing an enduring national security research and development effort to broaden the role of the Department of Energy in national biodefense.", "id": "idac81e14340224aaab43fb3bb0b7f016e", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rule of construction \nThe limitation described in subsection (a) shall not be interpreted— (1) to prohibit the establishment of a bioassurance program for the purpose of executing enduring national security research and development in any component of the Department of Energy other than the Administration or in any other Federal agency; or (2) to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of a bioassurance program, if such support is provided— (A) on a cost-reimbursable basis to an entity that is not a component of the Department of Energy; and (B) in a manner that does not interfere with mission of such laboratory or facility.", "id": "id7dae644bb0d844bd92c1e212c26e19a7", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "3116. Extension of authority on acceptance of contributions for acceleration or removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide \nSection 4306B(f)(6) of the Atomic Energy Defense Act ( 50 U.S.C. 2569(f)(6) ) is amended by striking 2028 and inserting 2033.", "id": "ide6711ccc430b436dbdd8340ca72769d5", "header": "Extension of authority on acceptance of contributions for acceleration or removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide", "nested": [], "links": [ { "text": "50 U.S.C. 2569(f)(6)", "legal-doc": "usc", "parsable-cite": "usc/50/2569" } ] }, { "text": "3117. Modification of reporting requirements for program on vulnerable sites \n(a) In general \nSection 4306B of the Atomic Energy Defense Act ( 50 U.S.C. 2569 ) is amended— (1) by striking subsection (d); (2) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively; and (3) in paragraph (6) of subsection (e), as so redesignated, by striking 2028 and inserting 2030. (b) Conforming amendment \nSection 4309(c)(7) of the Atomic Energy Defense Act ( 50 U.S.C. 2575(c)(7) ) is amended by striking section 3132(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( 50 U.S.C. 2569(f) ) and inserting section 4306B(e).", "id": "id0E4BC2BF555D44069CD6B7224A0CF767", "header": "Modification of reporting requirements for program on vulnerable sites", "nested": [ { "text": "(a) In general \nSection 4306B of the Atomic Energy Defense Act ( 50 U.S.C. 2569 ) is amended— (1) by striking subsection (d); (2) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively; and (3) in paragraph (6) of subsection (e), as so redesignated, by striking 2028 and inserting 2030.", "id": "id6e17022001874758ae9355ac25452b7a", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 2569", "legal-doc": "usc", "parsable-cite": "usc/50/2569" } ] }, { "text": "(b) Conforming amendment \nSection 4309(c)(7) of the Atomic Energy Defense Act ( 50 U.S.C. 2575(c)(7) ) is amended by striking section 3132(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( 50 U.S.C. 2569(f) ) and inserting section 4306B(e).", "id": "id2050849e96b149faaff0d0a87c8f6775", "header": "Conforming amendment", "nested": [], "links": [ { "text": "50 U.S.C. 2575(c)(7)", "legal-doc": "usc", "parsable-cite": "usc/50/2575" }, { "text": "50 U.S.C. 2569(f)", "legal-doc": "usc", "parsable-cite": "usc/50/2569" } ] } ], "links": [ { "text": "50 U.S.C. 2569", "legal-doc": "usc", "parsable-cite": "usc/50/2569" }, { "text": "50 U.S.C. 2575(c)(7)", "legal-doc": "usc", "parsable-cite": "usc/50/2575" }, { "text": "50 U.S.C. 2569(f)", "legal-doc": "usc", "parsable-cite": "usc/50/2569" } ] }, { "text": "3118. Implementation of enhanced mission delivery initiative \n(a) In general \nConcurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2025 through 2029, the Administrator for Nuclear Security, acting through the Director for Cost Estimating and Program Evaluation, shall brief the congressional defense committees on the status of implementing the 18 principal recommendations and associated subelements of the report entitled Evolving the Nuclear Security Enterprise: A Report of the Enhanced Mission Delivery Initiative , published by the National Nuclear Security Administration in September 2022. (b) Elements of briefings \nEach briefing required by subsection (a) shall address— (1) the status of implementing each recommendation described in subsection (a); (2) with respect to each recommendation that has been implemented, whether the outcome of such implementation is achieving the desired result; (3) with respect to each recommendation that has not been implemented, the reason for not implementing such recommendation; (4) whether additional legislation is required in order to implement a recommendation; and (5) such other matters as the Administrator considers necessary.", "id": "id87332da530054fa5980cb7aa5a43f1b9", "header": "Implementation of enhanced mission delivery initiative", "nested": [ { "text": "(a) In general \nConcurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2025 through 2029, the Administrator for Nuclear Security, acting through the Director for Cost Estimating and Program Evaluation, shall brief the congressional defense committees on the status of implementing the 18 principal recommendations and associated subelements of the report entitled Evolving the Nuclear Security Enterprise: A Report of the Enhanced Mission Delivery Initiative , published by the National Nuclear Security Administration in September 2022.", "id": "id923cd9368e57465f89571f534a378170", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements of briefings \nEach briefing required by subsection (a) shall address— (1) the status of implementing each recommendation described in subsection (a); (2) with respect to each recommendation that has been implemented, whether the outcome of such implementation is achieving the desired result; (3) with respect to each recommendation that has not been implemented, the reason for not implementing such recommendation; (4) whether additional legislation is required in order to implement a recommendation; and (5) such other matters as the Administrator considers necessary.", "id": "id00f9e0cc5fba40988a7d572bbf104140", "header": "Elements of briefings", "nested": [], "links": [] } ], "links": [] }, { "text": "3119. Limitation on use of funds until provision of spend plan for W80–4 ALT weapon development \nOf the funds authorized to be appropriated by this Act for fiscal year 2024 for operations of the Office of the Administrator for Nuclear Security, not more than 50 percent may be obligated or expended until the date on which the Administrator for Nuclear Security submits to the congressional defense committees the spend plan for the warhead associated with the sea-launched cruise missile required by section 1642(d) of the National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ).", "id": "id27E8D1D3741F458CBB12B0680F45EF3B", "header": "Limitation on use of funds until provision of spend plan for W80–4 ALT weapon development", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "3120. Analyses of nuclear programs of foreign countries \n(a) Capability to conduct analyses of nuclear programs \nThe Secretary of Energy shall, using existing authorities of the Secretary, take such actions as are necessary to improve the ability of the Department of Energy to conduct comprehensive, integrated analyses of the nuclear programs of foreign countries. (b) Additional analyses required \nThe Secretary shall conduct analyses of— (1) countries that may pursue nuclear weapons programs in the future; (2) developing technologies that make it easier for the governments of countries or for non-state actors to acquire nuclear weapons; and (3) entities that may be developing the ability to supply sensitive nuclear technologies but may not yet have effective programs in place to ensure compliance with export controls.", "id": "idb22ade26e00049329f304ced20553577", "header": "Analyses of nuclear programs of foreign countries", "nested": [ { "text": "(a) Capability to conduct analyses of nuclear programs \nThe Secretary of Energy shall, using existing authorities of the Secretary, take such actions as are necessary to improve the ability of the Department of Energy to conduct comprehensive, integrated analyses of the nuclear programs of foreign countries.", "id": "id95324f4abbe2445cab088a7b46ea5272", "header": "Capability to conduct analyses of nuclear programs", "nested": [], "links": [] }, { "text": "(b) Additional analyses required \nThe Secretary shall conduct analyses of— (1) countries that may pursue nuclear weapons programs in the future; (2) developing technologies that make it easier for the governments of countries or for non-state actors to acquire nuclear weapons; and (3) entities that may be developing the ability to supply sensitive nuclear technologies but may not yet have effective programs in place to ensure compliance with export controls.", "id": "id63d9b425045a46f19d4f80c3aa381f6e", "header": "Additional analyses required", "nested": [], "links": [] } ], "links": [] }, { "text": "3121. Enhancing National Nuclear Security Administration supply chain reliability \n(a) In general \nSubtitle A of title XLVIII of the Atomic Energy Defense Act ( 50 U.S.C. 2781 et seq. ) is amended by adding at the end the following new section: 4808. Supply chain reliability assurance program \nThe Administrator shall establish a supply chain reliability assurance program— (1) to facilitate collaboration with the Department of Defense and industrial partners to maintain a reliable domestic supplier base for critical materials to meet engineering and performance requirements of the Administration and the Department of Defense; and (2) to improve coordination with the Infrastructure and Operations Program and the Programmatic Recapitalization Working Group to improve planning for material requirements and potential disruptions to commercial or contractor supply chains, including with respect to— (A) assisting in coordination for forecasting future needs in both legacy inventories and new procurements; (B) establishing clear requirements for nuclear security enterprise assurance and, when cost-effective, to use capabilities of the Administration to restore mission schedules at risk; and (C) collaborating with the Department of Defense and industrial partners to establish processes to mitigate manufacturing challenges and to develop strategies to lower long-term costs, while identifying and preserving production of materials and components by the Administration.. (b) Clerical amendment \nThe table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4807 the following new item: Sec. 4808. Supply chain reliability assurance program..", "id": "id76F867EE2AD5477987BE1DCE10D8BE4D", "header": "Enhancing National Nuclear Security Administration supply chain reliability", "nested": [ { "text": "(a) In general \nSubtitle A of title XLVIII of the Atomic Energy Defense Act ( 50 U.S.C. 2781 et seq. ) is amended by adding at the end the following new section: 4808. Supply chain reliability assurance program \nThe Administrator shall establish a supply chain reliability assurance program— (1) to facilitate collaboration with the Department of Defense and industrial partners to maintain a reliable domestic supplier base for critical materials to meet engineering and performance requirements of the Administration and the Department of Defense; and (2) to improve coordination with the Infrastructure and Operations Program and the Programmatic Recapitalization Working Group to improve planning for material requirements and potential disruptions to commercial or contractor supply chains, including with respect to— (A) assisting in coordination for forecasting future needs in both legacy inventories and new procurements; (B) establishing clear requirements for nuclear security enterprise assurance and, when cost-effective, to use capabilities of the Administration to restore mission schedules at risk; and (C) collaborating with the Department of Defense and industrial partners to establish processes to mitigate manufacturing challenges and to develop strategies to lower long-term costs, while identifying and preserving production of materials and components by the Administration..", "id": "idE18A40CE775C4612B5CCCDB002FAE645", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 2781 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/2781" } ] }, { "text": "(b) Clerical amendment \nThe table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4807 the following new item: Sec. 4808. Supply chain reliability assurance program..", "id": "id57FF6457FC46450786164BA7B5AE4E3D", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 2781 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/2781" } ] }, { "text": "4808. Supply chain reliability assurance program \nThe Administrator shall establish a supply chain reliability assurance program— (1) to facilitate collaboration with the Department of Defense and industrial partners to maintain a reliable domestic supplier base for critical materials to meet engineering and performance requirements of the Administration and the Department of Defense; and (2) to improve coordination with the Infrastructure and Operations Program and the Programmatic Recapitalization Working Group to improve planning for material requirements and potential disruptions to commercial or contractor supply chains, including with respect to— (A) assisting in coordination for forecasting future needs in both legacy inventories and new procurements; (B) establishing clear requirements for nuclear security enterprise assurance and, when cost-effective, to use capabilities of the Administration to restore mission schedules at risk; and (C) collaborating with the Department of Defense and industrial partners to establish processes to mitigate manufacturing challenges and to develop strategies to lower long-term costs, while identifying and preserving production of materials and components by the Administration.", "id": "idfc406cf50f2a476a82b114ccf2ad7f09", "header": "Supply chain reliability assurance program", "nested": [], "links": [] }, { "text": "3122. Transfer of cybersecurity responsibilities to Administrator for Nuclear Security \nThe National Nuclear Security Administration Act ( 50 U.S.C. 2401 et seq. ) is amended— (1) in section 3212(b) ( 50 U.S.C. 2402(b) ), by adding at the end the following new paragraph: (20) Information resources management, including cybersecurity. ; and (2) in section 3232(b)(3)( 50 U.S.C. 2422(b)(3) ), by striking and cyber.", "id": "idee58f85820984ec5bfd676505aa6960e", "header": "Transfer of cybersecurity responsibilities to Administrator for Nuclear Security", "nested": [], "links": [ { "text": "50 U.S.C. 2401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/2401" }, { "text": "50 U.S.C. 2402(b)", "legal-doc": "usc", "parsable-cite": "usc/50/2402" }, { "text": "50 U.S.C. 2422(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/50/2422" } ] }, { "text": "3123. Redesignating duties related to departmental radiological and nuclear incident responses \n(a) Deputy Administrator for Defense Programs \nSection 3214(b) of the National Nuclear Security Administration Act (50 U.S.C. 2404 (b)) is amended by striking paragraph (3). (b) Administrator for Nuclear Security \nSection 3212(b)(7) of the National Nuclear Security Administration Act ( 50 U.S.C. 2402(b)(7) ) is amended by inserting and Nuclear Emergency Support Team capabilities, including all field-deployed and remote technical support to public health and safety missions, countering weapons of mass destruction operations, technical and operational nuclear forensics, and responses to United States nuclear weapon accidents after management.", "id": "ide84d7b4d1961435385a23385ce0c7be8", "header": "Redesignating duties related to departmental radiological and nuclear incident responses", "nested": [ { "text": "(a) Deputy Administrator for Defense Programs \nSection 3214(b) of the National Nuclear Security Administration Act (50 U.S.C. 2404 (b)) is amended by striking paragraph (3).", "id": "idf55d935918a14682b74a4a0b2e360f68", "header": "Deputy Administrator for Defense Programs", "nested": [], "links": [] }, { "text": "(b) Administrator for Nuclear Security \nSection 3212(b)(7) of the National Nuclear Security Administration Act ( 50 U.S.C. 2402(b)(7) ) is amended by inserting and Nuclear Emergency Support Team capabilities, including all field-deployed and remote technical support to public health and safety missions, countering weapons of mass destruction operations, technical and operational nuclear forensics, and responses to United States nuclear weapon accidents after management.", "id": "ide4a97ee5e6b041f9bfd96f9b872031fb", "header": "Administrator for Nuclear Security", "nested": [], "links": [ { "text": "50 U.S.C. 2402(b)(7)", "legal-doc": "usc", "parsable-cite": "usc/50/2402" } ] } ], "links": [ { "text": "50 U.S.C. 2402(b)(7)", "legal-doc": "usc", "parsable-cite": "usc/50/2402" } ] }, { "text": "3124. Modification of authority to establish certain contracting, program management, scientific, engineering, and technical positions \nSection 3241 of the National Nuclear Security Administration Act ( 50 U.S.C. 2441 ) is amended by striking 800 and inserting 1,200.", "id": "ID0bfc9346719849dbacf3c1d301a05093", "header": "Modification of authority to establish certain contracting, program management, scientific, engineering, and technical positions", "nested": [], "links": [ { "text": "50 U.S.C. 2441", "legal-doc": "usc", "parsable-cite": "usc/50/2441" } ] }, { "text": "3125. Technical amendments to the Atomic Energy Defense Act \nThe Atomic Energy Defense Act ( 50 U.S.C. 2501 et seq. ) is amended— (1) in section 4306(d)— (A) in paragraph (1), by striking Not later than March 15, 2005, the and inserting The ; and (B) in paragraph (2), by striking Not later than January 1, 2006, the and inserting The ; and (2) in section 4807(f)(1), by striking 2022 and inserting 2030.", "id": "idBC2DE0750F0B402C98DF7CEB8186BC01", "header": "Technical amendments to the Atomic Energy Defense Act", "nested": [], "links": [ { "text": "50 U.S.C. 2501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/2501" } ] }, { "text": "3126. Amendment to period for briefing requirements \nSection 4807(f)(1) of the Atomic Energy Defense Act ( 50 U.S.C. 2787(f)(1) ) is amended by striking 2022 and inserting 2032.", "id": "id5f0ed955692d48aaabae3d2ba8483df2", "header": "Amendment to period for briefing requirements", "nested": [], "links": [ { "text": "50 U.S.C. 2787(f)(1)", "legal-doc": "usc", "parsable-cite": "usc/50/2787" } ] }, { "text": "3127. Repeal of reporting requirements for Uranium Capabilities Replacement Project \nSection 3123(g) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 2178) is repealed.", "id": "id95711b8c79e64d19a415861a67c7dcde", "header": "Repeal of reporting requirements for Uranium Capabilities Replacement Project", "nested": [], "links": [ { "text": "Public Law 112–239", "legal-doc": "public-law", "parsable-cite": "pl/112/239" } ] }, { "text": "3131. Updated financial integration policy \nNot later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall issue an updated financial integration policy, which shall include the following: (1) Updated responsibilities for offices of the National Nuclear Security Administration and requirements for management and operating contractors, including contractors at sites that are not sites of the Administration. (2) Guidance for how offices of the Administration should use common financial data, including guidance requiring that such data be used as the primary source of financial data by program offices, to the extent practicable. (3) Processes recommended by the Government Accountability Office to improve financial integration efforts of the Administration, including an internal process to verify how management and operating contractors crosswalk data from their systems to the appropriate work breakdown structure of the Administration and apply common cost element definitions. (4) Any other matters the Administrator considers appropriate.", "id": "idd93c99cab9944af9b8706e93a436a208", "header": "Updated financial integration policy", "nested": [], "links": [] }, { "text": "3141. Integration of technical expertise of Department of Energy into policymaking \nThe Secretary of Energy shall take such measures as are necessary to improve the integration of the scientific and technical expertise of the Department of Energy, especially the expertise of the national laboratories, into policymaking, including by— (1) ensuring that such expertise is involved during interagency discussions, regardless of the topic of such discussions; (2) decreasing restrictions on personnel of laboratories and other facilities of the Department working in the Department headquarters for 2- to 3-year rotations; (3) increasing collaboration among program managers and personnel of laboratories and other facilities of the Department during policy deliberations; and (4) creating mechanisms for providing technical advice to officials of the Department responsible for nonproliferation policy.", "id": "idb619ce1ab8c6431ca7d49cfac70f38a7", "header": "Integration of technical expertise of Department of Energy into policymaking", "nested": [], "links": [] }, { "text": "3142. Amendments to the Energy Employees Occupational Illness Compensation Program Act of 2000 \n(a) Short title \nThis section may be cited as the Beryllium Testing Fairness Act. (b) Modification of demonstration of beryllium sensitivity \nSection 3621(8)(A) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l(8)(A) ) is amended— (1) by striking established by an abnormal and inserting the following: established by— (i) an abnormal ; (2) by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (ii) three borderline beryllium lymphocyte proliferation tests performed on blood cells over a period of 3 years.. (c) Extension of Advisory Board on Toxic Substances and Worker Health \nSection 3687(j) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–16(j) ) is amended by striking 10 years and inserting 15 years.", "id": "id24742BC54BE64992A06A93E418E8CABE", "header": "Amendments to the Energy Employees Occupational Illness Compensation Program Act of 2000", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Beryllium Testing Fairness Act.", "id": "idEBD4BE3A62CE41D09C5AD21998E17180", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Modification of demonstration of beryllium sensitivity \nSection 3621(8)(A) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l(8)(A) ) is amended— (1) by striking established by an abnormal and inserting the following: established by— (i) an abnormal ; (2) by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (ii) three borderline beryllium lymphocyte proliferation tests performed on blood cells over a period of 3 years..", "id": "id7620E9BA04FE44DAA2FF5B9FE2997B1B", "header": "Modification of demonstration of beryllium sensitivity", "nested": [], "links": [ { "text": "42 U.S.C. 7384l(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/7384l" } ] }, { "text": "(c) Extension of Advisory Board on Toxic Substances and Worker Health \nSection 3687(j) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–16(j) ) is amended by striking 10 years and inserting 15 years.", "id": "idD2F25420E0184218BD0A74D361A69F60", "header": "Extension of Advisory Board on Toxic Substances and Worker Health", "nested": [], "links": [ { "text": "42 U.S.C. 7385s–16(j)", "legal-doc": "usc", "parsable-cite": "usc/42/7385s-16" } ] } ], "links": [ { "text": "42 U.S.C. 7384l(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/7384l" }, { "text": "42 U.S.C. 7385s–16(j)", "legal-doc": "usc", "parsable-cite": "usc/42/7385s-16" } ] }, { "text": "3143. Prohibition on sales of petroleum products from the Strategic Petroleum Reserve to certain countries \n(a) Prohibitions \nNotwithstanding any other provision of law, unless a waiver has been issued under subsection (b), the Secretary of Energy shall not draw down and sell petroleum products from the Strategic Petroleum Reserve— (1) to any entity that is under the ownership or control of the Chinese Communist Party, the People’s Republic of China, the Russian Federation, the Democratic People’s Republic of Korea, or the Islamic Republic of Iran; or (2) except on the condition that such petroleum products will not be exported to the People’s Republic of China, the Russian Federation, the Democratic People’s Republic of Korea, or the Islamic Republic of Iran. (b) Waiver \n(1) In general \nOn application by a bidder, the Secretary of Energy may waive, prior to the date of the applicable auction, the prohibitions described in subsection (a) with respect to the sale of crude oil to that bidder at that auction. (2) Requirement \nThe Secretary of Energy may issue a waiver under this subsection only if the Secretary determines that the waiver is in the interest of the national security of the United States. (3) Applications \nA bidder seeking a waiver under this subsection shall submit to the Secretary of Energy an application by such date, in such form, and containing such information as the Secretary of Energy may require. (4) Notice to Congress \nNot later than 15 days after issuing a waiver under this subsection, the Secretary of Energy shall provide a copy of the waiver to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.", "id": "H2D0CCBEA4648492489189EEF041DB94A", "header": "Prohibition on sales of petroleum products from the Strategic Petroleum Reserve to certain countries", "nested": [ { "text": "(a) Prohibitions \nNotwithstanding any other provision of law, unless a waiver has been issued under subsection (b), the Secretary of Energy shall not draw down and sell petroleum products from the Strategic Petroleum Reserve— (1) to any entity that is under the ownership or control of the Chinese Communist Party, the People’s Republic of China, the Russian Federation, the Democratic People’s Republic of Korea, or the Islamic Republic of Iran; or (2) except on the condition that such petroleum products will not be exported to the People’s Republic of China, the Russian Federation, the Democratic People’s Republic of Korea, or the Islamic Republic of Iran.", "id": "ide316caec26764a2591becc646d7ef5bc", "header": "Prohibitions", "nested": [], "links": [] }, { "text": "(b) Waiver \n(1) In general \nOn application by a bidder, the Secretary of Energy may waive, prior to the date of the applicable auction, the prohibitions described in subsection (a) with respect to the sale of crude oil to that bidder at that auction. (2) Requirement \nThe Secretary of Energy may issue a waiver under this subsection only if the Secretary determines that the waiver is in the interest of the national security of the United States. (3) Applications \nA bidder seeking a waiver under this subsection shall submit to the Secretary of Energy an application by such date, in such form, and containing such information as the Secretary of Energy may require. (4) Notice to Congress \nNot later than 15 days after issuing a waiver under this subsection, the Secretary of Energy shall provide a copy of the waiver to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.", "id": "idfcccbc7f0acf490781c4a761b34f2d06", "header": "Waiver", "nested": [], "links": [] } ], "links": [] }, { "text": "3144. U.S. nuclear fuel security initiative \n(a) Short title \nThis section may be cited as the Nuclear Fuel Security Act of 2023. (b) Sense of Congress \nIt is the sense of Congress that— (1) the Department should— (A) prioritize activities to increase domestic production of low-enriched uranium; and (B) accelerate efforts to establish a domestic high-assay, low-enriched uranium enrichment capability; and (2) if domestic enrichment of high-assay, low-enriched uranium will not be commercially available at the scale needed in time to meet the needs of the advanced nuclear reactor demonstration projects of the Department, the Secretary shall consider and implement, as necessary— (A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, without impacting existing Department missions, until such time that commercial enrichment and deconversion capability for high-assay, low-enriched uranium exists at a scale sufficient to meet future needs; and (B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules until that time. (c) Objectives \nThe objectives of this section are— (1) to expeditiously increase domestic production of low-enriched uranium; (2) to expeditiously increase domestic production of high-assay, low-enriched uranium by an annual quantity, and in such form, determined by the Secretary to be sufficient to meet the needs of— (A) advanced nuclear reactor developers; and (B) the consortium; (3) to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in a quantity determined by the Secretary, in consultation with U.S. nuclear energy companies, to be sufficient to address a reasonably anticipated supply disruption; (4) to address gaps and deficiencies in the domestic production, conversion, enrichment, deconversion, and reduction of uranium by partnering with countries that are allies or partners of the United States if domestic options are not practicable; (5) to ensure that, in the event of a supply disruption in the nuclear fuel market, a reserve of nuclear fuels is available to serve as a backup supply to support the nuclear nonproliferation and civil nuclear energy objectives of the Department; (6) to support enrichment, deconversion, and reduction technology deployed in the United States; and (7) to ensure that, until such time that domestic enrichment and deconversion of high-assay, low-enriched uranium is commercially available at the scale needed to meet the needs of advanced nuclear reactor developers, the Secretary considers and implements, as necessary— (A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers; and (B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules. (d) Definitions \nIn this section: (1) Advanced nuclear reactor \nThe term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). (2) Associated entity \nThe term associated entity means an entity that— (A) is owned, controlled, or dominated by— (i) the government of a country that is an ally or partner of the United States; or (ii) an associated individual; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country that is an ally or partner of the United States, including a corporation that is incorporated in such a country. (3) Associated individual \nThe term associated individual means an alien who is a national of a country that is an ally or partner of the United States. (4) Consortium \nThe term consortium means the consortium established under section 2001(a)(2)(F) of the Energy Act of 2020 ( 42 U.S.C. 16281(a)(2)(F) ). (5) Department \nThe term Department means the Department of Energy. (6) High-assay, low-enriched uranium; HALEU \nThe term high-assay, low-enriched uranium or HALEU means high-assay low-enriched uranium (as defined in section 2001(d) of the Energy Act of 2020 ( 42 U.S.C. 16281(d) )). (7) Low-enriched uranium; LEU \nThe term low-enriched uranium or LEU means each of— (A) low-enriched uranium (as defined in section 3102 of the USEC Privatization Act ( 42 U.S.C. 2297h )); and (B) low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. 2297h–10a(a))). (8) Programs \nThe term Programs means— (A) the Nuclear Fuel Security Program established under subsection (e)(1); (B) the American Assured Fuel Supply Program of the Department; and (C) the HALEU for Advanced Nuclear Reactor Demonstration Projects Program established under subsection (e)(3). (9) Secretary \nThe term Secretary means the Secretary of Energy. (10) U.S. nuclear energy company \nThe term U.S. nuclear energy company means a company that— (A) is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and (B) is involved in the nuclear energy industry. (e) Establishment and expansion of programs \nThe Secretary, consistent with the objectives described in subsection (c), shall— (1) establish a program, to be known as the Nuclear Fuel Security Program , to increase the quantity of LEU and HALEU produced by U.S. nuclear energy companies; (2) expand the American Assured Fuel Supply Program of the Department to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in the event of a supply disruption; and (3) establish a program, to be known as the HALEU for Advanced Nuclear Reactor Demonstration Projects Program — (A) to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers until such time that commercial enrichment and deconversion capability for HALEU exists in the United States at a scale sufficient to meet future needs; and (B) where practicable, to partner with countries that are allies or partners of the United States to meet those needs and schedules until that time. (f) Nuclear Fuel Security Program \n(1) In general \nIn carrying out the Nuclear Fuel Security Program, the Secretary— (A) shall— (i) not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts to begin acquiring not less than 100 metric tons per year of LEU by December 31, 2026 (or the earliest operationally feasible date thereafter), to ensure diversity of supply in domestic uranium mining, conversion, enrichment, and deconversion capacity and technologies, including new capacity, among U.S. nuclear energy companies; (ii) not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts with members of the consortium to begin acquiring not less than 20 metric tons per year of HALEU by December 31, 2027 (or the earliest operationally feasible date thereafter), from U.S. nuclear energy companies; (iii) utilize only uranium produced, converted, enriched, deconverted, and reduced in— (I) the United States; or (II) if domestic options are not practicable, a country that is an ally or partner of the United States; and (iv) to the maximum extent practicable, ensure that the use of domestic uranium utilized as a result of that program does not negatively affect the economic operation of nuclear reactors in the United States; and (B) (i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless— (I) funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; or (II) the commitment is funded entirely by funds made available to the Secretary from the account described in subsection (j)(2)(B); and (ii) may make a commitment described in clause (i) only— (I) if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and (II) to the extent of that up-front obligation recorded in full at that time. (2) Considerations \nIn carrying out paragraph (1)(A)(ii), the Secretary shall consider and, if appropriate, implement— (A) options to ensure the quickest availability of commercially enriched HALEU, including— (i) partnerships between 2 or more commercial enrichers; and (ii) utilization of up to 10-percent enriched uranium as feedstock in demonstration-scale or commercial HALEU enrichment facilities; (B) options to partner with countries that are allies or partners of the United States to provide LEU and HALEU for commercial purposes; (C) options that provide for an array of HALEU— (i) enrichment levels; (ii) output levels to meet demand; and (iii) fuel forms, including uranium metal and oxide; and (D) options— (i) to replenish, as necessary, Department stockpiles of uranium that were intended to be downblended for other purposes, but were instead used in carrying out activities under the HALEU for Advanced Nuclear Reactor Demonstration Projects Program; (ii) to continue supplying HALEU to meet the needs of the recipients of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and (iii) to make HALEU available to other advanced nuclear reactor developers and other end-users. (3) Avoidance of market disruptions \nIn carrying out the Nuclear Fuel Security Program, the Secretary, to the extent practicable and consistent with the purposes of that program, shall not disrupt or replace market mechanisms by competing with U.S. nuclear energy companies. (g) Expansion of the American Assured Fuel Supply Program \nThe Secretary, in consultation with U.S. nuclear energy companies, shall— (1) expand the American Assured Fuel Supply Program of the Department by merging the operations of the Uranium Reserve Program of the Department with the American Assured Fuel Supply Program; and (2) in carrying out the American Assured Fuel Supply Program of the Department, as expanded under paragraph (1)— (A) maintain, replenish, diversify, or increase the quantity of uranium made available by that program in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (c); (B) utilize only uranium produced, converted, enriched, deconverted, and reduced in— (i) the United States; or (ii) if domestic options are not practicable, a country that is an ally or partner of the United States; (C) make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate; (D) refill and expand the supply of uranium in the American Assured Fuel Supply, including by maintaining a limited reserve of uranium to address a potential event in which a domestic or foreign recipient of uranium experiences a supply disruption for which uranium cannot be obtained through normal market mechanisms or under normal market conditions; and (E) take other actions that the Secretary determines to be necessary or appropriate to address the purposes of that program and the objectives described in subsection (c). (h) HALEU for Advanced Nuclear Reactor Demonstration Projects Program \n(1) Activities \nOn enactment of this Act, the Secretary shall immediately accelerate and, as necessary, initiate activities to make available from inventories or stockpiles owned by the Department and made available to the consortium, HALEU for use in advanced nuclear reactors that cannot operate on uranium with lower enrichment levels or on alternate fuels, with priority given to the awards made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations, with additional HALEU to be made available to other advanced nuclear reactor developers, as the Secretary determines to be appropriate. (2) Quantity \nIn carrying out activities under this subsection, the Secretary shall consider and implement, as necessary, all viable options to make HALEU available in quantities and forms sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, including by seeking to make available— (A) by September 30, 2024, not less than 3 metric tons of HALEU; (B) by December 31, 2025, not less than an additional 8 metric tons of HALEU; and (C) by June 30, 2026, not less than an additional 10 metric tons of HALEU. (3) Factors for consideration \nIn carrying out activities under this subsection, the Secretary shall take into consideration— (A) options for providing HALEU from a stockpile of uranium owned by the Department, including— (i) uranium that has been declared excess to national security needs during or prior to fiscal year 2023; (ii) uranium that— (I) directly meets the needs of advanced nuclear reactor developers; but (II) has been previously used or fabricated for another purpose; (iii) uranium that can meet the needs of advanced nuclear reactor developers after removing radioactive or other contaminants that resulted from previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department, including activities that reduce the environmental liability of the Department by accelerating the processing of uranium from stockpiles designated as waste; (iv) uranium from a high-enriched uranium stockpile (excluding stockpiles intended for national security needs), which can be blended with lower assay uranium to become HALEU to meet the needs of advanced nuclear reactor developers; and (v) uranium from stockpiles intended for other purposes (excluding stockpiles intended for national security needs), but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the Department; (B) options for expanding, or establishing new, capabilities or infrastructure to support the processing of uranium from Department inventories; (C) options for accelerating the availability of HALEU from HALEU enrichment demonstration projects of the Department; (D) options for providing HALEU from domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (e)(1); (E) options to replenish, as needed, Department stockpiles of uranium made available pursuant to subparagraph (A) with domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (e)(1); and (F) options that combine 1 or more of the approaches described in subparagraphs (A) through (E) to meet the deadlines described in paragraph (2). (4) Limitations \n(A) Certain services \nThe Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to— (i) the final disposition of radioactive waste from uranium that is the subject of a contract for sale, resale, transfer, or lease under this subsection; or (ii) environmental cleanup activities. (B) Certain commitments \nIn carrying out activities under this subsection, the Secretary— (i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless— (I) funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; or (II) the commitment is funded entirely by funds made available to the Secretary from the account described in subsection (j)(2)(B); and (ii) may make a commitment described in clause (i) only— (I) if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and (II) to the extent of that up-front obligation recorded in full at that time. (5) Sunset \nThe authority of the Secretary to carry out activities under this subsection shall terminate on the date on which the Secretary notifies Congress that the HALEU needs of advanced nuclear reactor developers can be fully met by commercial HALEU suppliers in the United States, as determined by the Secretary, in consultation with U.S. nuclear energy companies. (i) Domestic sourcing considerations \n(1) In general \nExcept as provided in paragraph (2), the Secretary may only carry out an activity in connection with 1 or more of the Programs if— (A) the activity promotes manufacturing in the United States associated with uranium supply chains; or (B) the activity relies on resources, materials, or equipment developed or produced— (i) in the United States; or (ii) in a country that is an ally or partner of the United States by— (I) the government of that country; (II) an associated entity; or (III) a U.S. nuclear energy company. (2) Waiver \nThe Secretary may waive the requirements of paragraph (1) with respect to an activity if the Secretary determines a waiver to be necessary to achieve 1 or more of the objectives described in subsection (c). (j) Reasonable compensation \n(1) In general \nIn carrying out activities under this section, the Secretary shall ensure that any LEU and HALEU made available by the Secretary under 1 or more of the Programs is subject to reasonable compensation, taking into account the fair market value of the LEU or HALEU and the purposes of this section. (2) Availability of certain funds \n(A) In general \nNotwithstanding section 3302(b) of title 31, United States Code, revenues received by the Secretary from the sale or transfer of fuel feed material acquired by the Secretary pursuant to a contract entered into under clause (i) or (ii) of subsection (f)(1)(A) shall— (i) be deposited in the account described in subparagraph (B); (ii) be available to the Secretary for carrying out the purposes of this section, to reduce the need for further appropriations for those purposes; and (iii) remain available until expended. (B) Revolving fund \nThere is established in the Treasury an account into which the revenues described in subparagraph (A) shall be— (i) deposited in accordance with clause (i) of that subparagraph; and (ii) made available in accordance with clauses (ii) and (iii) of that subparagraph. (k) Nuclear regulatory commission \nThe Nuclear Regulatory Commission shall prioritize and expedite consideration of any action related to the Programs to the extent permitted under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) and related statutes. (l) USEC Privatization Act \nThe requirements of section 3112(d)(2) of the USEC Privatization Act ( 42 U.S.C. 2297h–10(d)(2) ) shall not apply to activities related to the Programs. (m) National security needs \nThe Secretary shall only make available to a member of the consortium under this section for commercial use or use in a demonstration project material that the President has determined is not necessary for national security needs during or prior to fiscal year 2023, subject to the condition that the material made available shall not include any material that the Secretary determines to be necessary for the National Nuclear Security Administration or any critical mission of the Department. (n) International agreements \nThis section shall be applied in a manner consistent with the obligations of the United States under international agreements. (o) Report on civil nuclear credit program \nNot later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that identifies the anticipated funding requirements for the civil nuclear credit program described in section 40323 of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18753 ), taking into account— (1) the zero-emission nuclear power production credit authorized by section 45U of the Internal Revenue Code of 1986; and (2) any increased fuel costs associated with the use of domestic fuel that may arise from the implementation of that program. (p) Supply chain infrastructure and workforce capacity building \n(1) Supply chain infrastructure \nSection 10781(b)(1) of Public Law 117–167 (commonly known as the CHIPS and Science Act of 2022 ) ( 42 U.S.C. 19351(b)(1) ) is amended by striking and demonstration of advanced nuclear reactors and inserting demonstration, and deployment of advanced nuclear reactors and associated supply chain infrastructure. (2) Workforce capacity building \nSection 954(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16274(b) ) is amended— (A) in the subsection heading, by striking Graduate ; (B) by striking graduate each place it appears; (C) in paragraph (2)(A), by inserting community colleges, trade schools, registered apprenticeship programs, pre-apprenticeship programs, after universities, ; (D) in paragraph (3), by striking 2021 through 2025 and inserting 2023 through 2027 ; (E) by redesignating paragraph (3) as paragraph (4); and (F) by inserting after paragraph (2) the following: (A) Focus areas \nIn carrying out the subprogram under this subsection, the Secretary may implement traineeships in focus areas that, in the determination of the Secretary, are necessary to support the nuclear energy sector in the United States, including— (i) research and development; (ii) construction and operation; (iii) associated supply chains; and (iv) workforce training and retraining to support transitioning workforces..", "id": "id47FEC9F2C60C48ADA5135FA1A9F00909", "header": "U.S. nuclear fuel security initiative", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Nuclear Fuel Security Act of 2023.", "id": "id8973b3e53954475787ed21f6f63174ef", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Sense of Congress \nIt is the sense of Congress that— (1) the Department should— (A) prioritize activities to increase domestic production of low-enriched uranium; and (B) accelerate efforts to establish a domestic high-assay, low-enriched uranium enrichment capability; and (2) if domestic enrichment of high-assay, low-enriched uranium will not be commercially available at the scale needed in time to meet the needs of the advanced nuclear reactor demonstration projects of the Department, the Secretary shall consider and implement, as necessary— (A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, without impacting existing Department missions, until such time that commercial enrichment and deconversion capability for high-assay, low-enriched uranium exists at a scale sufficient to meet future needs; and (B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules until that time.", "id": "idA921A44E6A374921B71C99CFBAFCF1FF", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(c) Objectives \nThe objectives of this section are— (1) to expeditiously increase domestic production of low-enriched uranium; (2) to expeditiously increase domestic production of high-assay, low-enriched uranium by an annual quantity, and in such form, determined by the Secretary to be sufficient to meet the needs of— (A) advanced nuclear reactor developers; and (B) the consortium; (3) to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in a quantity determined by the Secretary, in consultation with U.S. nuclear energy companies, to be sufficient to address a reasonably anticipated supply disruption; (4) to address gaps and deficiencies in the domestic production, conversion, enrichment, deconversion, and reduction of uranium by partnering with countries that are allies or partners of the United States if domestic options are not practicable; (5) to ensure that, in the event of a supply disruption in the nuclear fuel market, a reserve of nuclear fuels is available to serve as a backup supply to support the nuclear nonproliferation and civil nuclear energy objectives of the Department; (6) to support enrichment, deconversion, and reduction technology deployed in the United States; and (7) to ensure that, until such time that domestic enrichment and deconversion of high-assay, low-enriched uranium is commercially available at the scale needed to meet the needs of advanced nuclear reactor developers, the Secretary considers and implements, as necessary— (A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers; and (B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules.", "id": "idd699240e7c164e238e8e75e895018dfb", "header": "Objectives", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Advanced nuclear reactor \nThe term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). (2) Associated entity \nThe term associated entity means an entity that— (A) is owned, controlled, or dominated by— (i) the government of a country that is an ally or partner of the United States; or (ii) an associated individual; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country that is an ally or partner of the United States, including a corporation that is incorporated in such a country. (3) Associated individual \nThe term associated individual means an alien who is a national of a country that is an ally or partner of the United States. (4) Consortium \nThe term consortium means the consortium established under section 2001(a)(2)(F) of the Energy Act of 2020 ( 42 U.S.C. 16281(a)(2)(F) ). (5) Department \nThe term Department means the Department of Energy. (6) High-assay, low-enriched uranium; HALEU \nThe term high-assay, low-enriched uranium or HALEU means high-assay low-enriched uranium (as defined in section 2001(d) of the Energy Act of 2020 ( 42 U.S.C. 16281(d) )). (7) Low-enriched uranium; LEU \nThe term low-enriched uranium or LEU means each of— (A) low-enriched uranium (as defined in section 3102 of the USEC Privatization Act ( 42 U.S.C. 2297h )); and (B) low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. 2297h–10a(a))). (8) Programs \nThe term Programs means— (A) the Nuclear Fuel Security Program established under subsection (e)(1); (B) the American Assured Fuel Supply Program of the Department; and (C) the HALEU for Advanced Nuclear Reactor Demonstration Projects Program established under subsection (e)(3). (9) Secretary \nThe term Secretary means the Secretary of Energy. (10) U.S. nuclear energy company \nThe term U.S. nuclear energy company means a company that— (A) is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and (B) is involved in the nuclear energy industry.", "id": "id49C8E322DD1B42FDAAC95DACA72A8582", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 16271(b)", "legal-doc": "usc", "parsable-cite": "usc/42/16271" }, { "text": "42 U.S.C. 16281(a)(2)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/16281" }, { "text": "42 U.S.C. 16281(d)", "legal-doc": "usc", "parsable-cite": "usc/42/16281" }, { "text": "42 U.S.C. 2297h", "legal-doc": "usc", "parsable-cite": "usc/42/2297h" } ] }, { "text": "(e) Establishment and expansion of programs \nThe Secretary, consistent with the objectives described in subsection (c), shall— (1) establish a program, to be known as the Nuclear Fuel Security Program , to increase the quantity of LEU and HALEU produced by U.S. nuclear energy companies; (2) expand the American Assured Fuel Supply Program of the Department to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in the event of a supply disruption; and (3) establish a program, to be known as the HALEU for Advanced Nuclear Reactor Demonstration Projects Program — (A) to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers until such time that commercial enrichment and deconversion capability for HALEU exists in the United States at a scale sufficient to meet future needs; and (B) where practicable, to partner with countries that are allies or partners of the United States to meet those needs and schedules until that time.", "id": "id18945e50f5464b7687cce7fa11a4bed7", "header": "Establishment and expansion of programs", "nested": [], "links": [] }, { "text": "(f) Nuclear Fuel Security Program \n(1) In general \nIn carrying out the Nuclear Fuel Security Program, the Secretary— (A) shall— (i) not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts to begin acquiring not less than 100 metric tons per year of LEU by December 31, 2026 (or the earliest operationally feasible date thereafter), to ensure diversity of supply in domestic uranium mining, conversion, enrichment, and deconversion capacity and technologies, including new capacity, among U.S. nuclear energy companies; (ii) not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts with members of the consortium to begin acquiring not less than 20 metric tons per year of HALEU by December 31, 2027 (or the earliest operationally feasible date thereafter), from U.S. nuclear energy companies; (iii) utilize only uranium produced, converted, enriched, deconverted, and reduced in— (I) the United States; or (II) if domestic options are not practicable, a country that is an ally or partner of the United States; and (iv) to the maximum extent practicable, ensure that the use of domestic uranium utilized as a result of that program does not negatively affect the economic operation of nuclear reactors in the United States; and (B) (i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless— (I) funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; or (II) the commitment is funded entirely by funds made available to the Secretary from the account described in subsection (j)(2)(B); and (ii) may make a commitment described in clause (i) only— (I) if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and (II) to the extent of that up-front obligation recorded in full at that time. (2) Considerations \nIn carrying out paragraph (1)(A)(ii), the Secretary shall consider and, if appropriate, implement— (A) options to ensure the quickest availability of commercially enriched HALEU, including— (i) partnerships between 2 or more commercial enrichers; and (ii) utilization of up to 10-percent enriched uranium as feedstock in demonstration-scale or commercial HALEU enrichment facilities; (B) options to partner with countries that are allies or partners of the United States to provide LEU and HALEU for commercial purposes; (C) options that provide for an array of HALEU— (i) enrichment levels; (ii) output levels to meet demand; and (iii) fuel forms, including uranium metal and oxide; and (D) options— (i) to replenish, as necessary, Department stockpiles of uranium that were intended to be downblended for other purposes, but were instead used in carrying out activities under the HALEU for Advanced Nuclear Reactor Demonstration Projects Program; (ii) to continue supplying HALEU to meet the needs of the recipients of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and (iii) to make HALEU available to other advanced nuclear reactor developers and other end-users. (3) Avoidance of market disruptions \nIn carrying out the Nuclear Fuel Security Program, the Secretary, to the extent practicable and consistent with the purposes of that program, shall not disrupt or replace market mechanisms by competing with U.S. nuclear energy companies.", "id": "id59f4800bdd434f8eb0b1ef125a0ebed4", "header": "Nuclear Fuel Security Program", "nested": [], "links": [] }, { "text": "(g) Expansion of the American Assured Fuel Supply Program \nThe Secretary, in consultation with U.S. nuclear energy companies, shall— (1) expand the American Assured Fuel Supply Program of the Department by merging the operations of the Uranium Reserve Program of the Department with the American Assured Fuel Supply Program; and (2) in carrying out the American Assured Fuel Supply Program of the Department, as expanded under paragraph (1)— (A) maintain, replenish, diversify, or increase the quantity of uranium made available by that program in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (c); (B) utilize only uranium produced, converted, enriched, deconverted, and reduced in— (i) the United States; or (ii) if domestic options are not practicable, a country that is an ally or partner of the United States; (C) make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate; (D) refill and expand the supply of uranium in the American Assured Fuel Supply, including by maintaining a limited reserve of uranium to address a potential event in which a domestic or foreign recipient of uranium experiences a supply disruption for which uranium cannot be obtained through normal market mechanisms or under normal market conditions; and (E) take other actions that the Secretary determines to be necessary or appropriate to address the purposes of that program and the objectives described in subsection (c).", "id": "id8bde158d08b74658a6f9b8ea7fe1e639", "header": "Expansion of the American Assured Fuel Supply Program", "nested": [], "links": [] }, { "text": "(h) HALEU for Advanced Nuclear Reactor Demonstration Projects Program \n(1) Activities \nOn enactment of this Act, the Secretary shall immediately accelerate and, as necessary, initiate activities to make available from inventories or stockpiles owned by the Department and made available to the consortium, HALEU for use in advanced nuclear reactors that cannot operate on uranium with lower enrichment levels or on alternate fuels, with priority given to the awards made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations, with additional HALEU to be made available to other advanced nuclear reactor developers, as the Secretary determines to be appropriate. (2) Quantity \nIn carrying out activities under this subsection, the Secretary shall consider and implement, as necessary, all viable options to make HALEU available in quantities and forms sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, including by seeking to make available— (A) by September 30, 2024, not less than 3 metric tons of HALEU; (B) by December 31, 2025, not less than an additional 8 metric tons of HALEU; and (C) by June 30, 2026, not less than an additional 10 metric tons of HALEU. (3) Factors for consideration \nIn carrying out activities under this subsection, the Secretary shall take into consideration— (A) options for providing HALEU from a stockpile of uranium owned by the Department, including— (i) uranium that has been declared excess to national security needs during or prior to fiscal year 2023; (ii) uranium that— (I) directly meets the needs of advanced nuclear reactor developers; but (II) has been previously used or fabricated for another purpose; (iii) uranium that can meet the needs of advanced nuclear reactor developers after removing radioactive or other contaminants that resulted from previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department, including activities that reduce the environmental liability of the Department by accelerating the processing of uranium from stockpiles designated as waste; (iv) uranium from a high-enriched uranium stockpile (excluding stockpiles intended for national security needs), which can be blended with lower assay uranium to become HALEU to meet the needs of advanced nuclear reactor developers; and (v) uranium from stockpiles intended for other purposes (excluding stockpiles intended for national security needs), but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the Department; (B) options for expanding, or establishing new, capabilities or infrastructure to support the processing of uranium from Department inventories; (C) options for accelerating the availability of HALEU from HALEU enrichment demonstration projects of the Department; (D) options for providing HALEU from domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (e)(1); (E) options to replenish, as needed, Department stockpiles of uranium made available pursuant to subparagraph (A) with domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (e)(1); and (F) options that combine 1 or more of the approaches described in subparagraphs (A) through (E) to meet the deadlines described in paragraph (2). (4) Limitations \n(A) Certain services \nThe Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to— (i) the final disposition of radioactive waste from uranium that is the subject of a contract for sale, resale, transfer, or lease under this subsection; or (ii) environmental cleanup activities. (B) Certain commitments \nIn carrying out activities under this subsection, the Secretary— (i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless— (I) funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; or (II) the commitment is funded entirely by funds made available to the Secretary from the account described in subsection (j)(2)(B); and (ii) may make a commitment described in clause (i) only— (I) if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and (II) to the extent of that up-front obligation recorded in full at that time. (5) Sunset \nThe authority of the Secretary to carry out activities under this subsection shall terminate on the date on which the Secretary notifies Congress that the HALEU needs of advanced nuclear reactor developers can be fully met by commercial HALEU suppliers in the United States, as determined by the Secretary, in consultation with U.S. nuclear energy companies.", "id": "idD0543CBF65A8457F825B2E28C9F636A6", "header": "HALEU for Advanced Nuclear Reactor Demonstration Projects Program", "nested": [], "links": [] }, { "text": "(i) Domestic sourcing considerations \n(1) In general \nExcept as provided in paragraph (2), the Secretary may only carry out an activity in connection with 1 or more of the Programs if— (A) the activity promotes manufacturing in the United States associated with uranium supply chains; or (B) the activity relies on resources, materials, or equipment developed or produced— (i) in the United States; or (ii) in a country that is an ally or partner of the United States by— (I) the government of that country; (II) an associated entity; or (III) a U.S. nuclear energy company. (2) Waiver \nThe Secretary may waive the requirements of paragraph (1) with respect to an activity if the Secretary determines a waiver to be necessary to achieve 1 or more of the objectives described in subsection (c).", "id": "idA959DF4AC3144F9AB714797382BE1253", "header": "Domestic sourcing considerations", "nested": [], "links": [] }, { "text": "(j) Reasonable compensation \n(1) In general \nIn carrying out activities under this section, the Secretary shall ensure that any LEU and HALEU made available by the Secretary under 1 or more of the Programs is subject to reasonable compensation, taking into account the fair market value of the LEU or HALEU and the purposes of this section. (2) Availability of certain funds \n(A) In general \nNotwithstanding section 3302(b) of title 31, United States Code, revenues received by the Secretary from the sale or transfer of fuel feed material acquired by the Secretary pursuant to a contract entered into under clause (i) or (ii) of subsection (f)(1)(A) shall— (i) be deposited in the account described in subparagraph (B); (ii) be available to the Secretary for carrying out the purposes of this section, to reduce the need for further appropriations for those purposes; and (iii) remain available until expended. (B) Revolving fund \nThere is established in the Treasury an account into which the revenues described in subparagraph (A) shall be— (i) deposited in accordance with clause (i) of that subparagraph; and (ii) made available in accordance with clauses (ii) and (iii) of that subparagraph.", "id": "idDA5FCF800F8D4871838C46E62277993A", "header": "Reasonable compensation", "nested": [], "links": [] }, { "text": "(k) Nuclear regulatory commission \nThe Nuclear Regulatory Commission shall prioritize and expedite consideration of any action related to the Programs to the extent permitted under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) and related statutes.", "id": "id6c5a65911e9644988bbda6893f2f47fa", "header": "Nuclear regulatory commission", "nested": [], "links": [ { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" } ] }, { "text": "(l) USEC Privatization Act \nThe requirements of section 3112(d)(2) of the USEC Privatization Act ( 42 U.S.C. 2297h–10(d)(2) ) shall not apply to activities related to the Programs.", "id": "idF54FF528FC4540529ED63892A9FF1BE0", "header": "USEC Privatization Act", "nested": [], "links": [ { "text": "42 U.S.C. 2297h–10(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/2297h-10" } ] }, { "text": "(m) National security needs \nThe Secretary shall only make available to a member of the consortium under this section for commercial use or use in a demonstration project material that the President has determined is not necessary for national security needs during or prior to fiscal year 2023, subject to the condition that the material made available shall not include any material that the Secretary determines to be necessary for the National Nuclear Security Administration or any critical mission of the Department.", "id": "id49cf727c961d4a67bc70dcb7b2d84765", "header": "National security needs", "nested": [], "links": [] }, { "text": "(n) International agreements \nThis section shall be applied in a manner consistent with the obligations of the United States under international agreements.", "id": "idB9C27D672E924E55A29046698F2BE929", "header": "International agreements", "nested": [], "links": [] }, { "text": "(o) Report on civil nuclear credit program \nNot later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that identifies the anticipated funding requirements for the civil nuclear credit program described in section 40323 of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18753 ), taking into account— (1) the zero-emission nuclear power production credit authorized by section 45U of the Internal Revenue Code of 1986; and (2) any increased fuel costs associated with the use of domestic fuel that may arise from the implementation of that program.", "id": "id4234545267604B02AFC503012CF268C3", "header": "Report on civil nuclear credit program", "nested": [], "links": [ { "text": "42 U.S.C. 18753", "legal-doc": "usc", "parsable-cite": "usc/42/18753" }, { "text": "section 45U", "legal-doc": "usc", "parsable-cite": "usc/26/45U" } ] }, { "text": "(p) Supply chain infrastructure and workforce capacity building \n(1) Supply chain infrastructure \nSection 10781(b)(1) of Public Law 117–167 (commonly known as the CHIPS and Science Act of 2022 ) ( 42 U.S.C. 19351(b)(1) ) is amended by striking and demonstration of advanced nuclear reactors and inserting demonstration, and deployment of advanced nuclear reactors and associated supply chain infrastructure. (2) Workforce capacity building \nSection 954(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16274(b) ) is amended— (A) in the subsection heading, by striking Graduate ; (B) by striking graduate each place it appears; (C) in paragraph (2)(A), by inserting community colleges, trade schools, registered apprenticeship programs, pre-apprenticeship programs, after universities, ; (D) in paragraph (3), by striking 2021 through 2025 and inserting 2023 through 2027 ; (E) by redesignating paragraph (3) as paragraph (4); and (F) by inserting after paragraph (2) the following: (A) Focus areas \nIn carrying out the subprogram under this subsection, the Secretary may implement traineeships in focus areas that, in the determination of the Secretary, are necessary to support the nuclear energy sector in the United States, including— (i) research and development; (ii) construction and operation; (iii) associated supply chains; and (iv) workforce training and retraining to support transitioning workforces..", "id": "id83a5154826a441b4b80336d6f3a688ec", "header": "Supply chain infrastructure and workforce capacity building", "nested": [], "links": [ { "text": "Public Law 117–167", "legal-doc": "public-law", "parsable-cite": "pl/117/167" }, { "text": "42 U.S.C. 19351(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/19351" }, { "text": "42 U.S.C. 16274(b)", "legal-doc": "usc", "parsable-cite": "usc/42/16274" } ] } ], "links": [ { "text": "42 U.S.C. 16271(b)", "legal-doc": "usc", "parsable-cite": "usc/42/16271" }, { "text": "42 U.S.C. 16281(a)(2)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/16281" }, { "text": "42 U.S.C. 16281(d)", "legal-doc": "usc", "parsable-cite": "usc/42/16281" }, { "text": "42 U.S.C. 2297h", "legal-doc": "usc", "parsable-cite": "usc/42/2297h" }, { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" }, { "text": "42 U.S.C. 2297h–10(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/2297h-10" }, { "text": "42 U.S.C. 18753", "legal-doc": "usc", "parsable-cite": "usc/42/18753" }, { "text": "section 45U", "legal-doc": "usc", "parsable-cite": "usc/26/45U" }, { "text": "Public Law 117–167", "legal-doc": "public-law", "parsable-cite": "pl/117/167" }, { "text": "42 U.S.C. 19351(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/19351" }, { "text": "42 U.S.C. 16274(b)", "legal-doc": "usc", "parsable-cite": "usc/42/16274" } ] }, { "text": "3201. Authorization \nThere are authorized to be appropriated for fiscal year 2024, $47,230,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 et seq. ).", "id": "idD6B342D87A6444F7A31BA497C210BAE9", "header": "Authorization", "nested": [], "links": [ { "text": "42 U.S.C. 2286 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2286" } ] }, { "text": "3501. Maritime Administration \nSection 109 of title 49, United States Code, is amended to read as follows: 109. Maritime Administration \n(a) Organization and mission \nThe Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States. (b) Maritime Administrator \nThe head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary. (c) Deputy Maritime Administrator \nThe Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator. (d) Duties and powers vested in Secretary \nAll duties and powers of the Maritime Administration are vested in the Secretary. (e) Regional offices \nThe Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices. (f) Interagency and industry relations \nThe Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities. (g) Detailing officers from Armed Forces \nTo assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the Armed Forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer's pay and allowances as an officer in the Armed Forces, makes the officer's total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail. (h) Contracts, cooperative agreements, and audits \n(1) Contracts and cooperative agreements \nIn the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to— (A) carry out the Secretary's duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and (B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness. (2) Audits \nThe financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46. (i) Grant administrative expenses \nExcept as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent. (j) Authorization of appropriations \n(1) In general \nExcept as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration. (2) Limitations \nOnly those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for— (A) acquisition, construction, or reconstruction of vessels; (B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels; (C) costs of national defense features; (D) payments of obligations incurred for operating-differential subsidies; (E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations; (F) the Vessel Operations Revolving Fund; (G) National Defense Reserve Fleet expenses; (H) expenses necessary to carry out part B of subtitle V of title 46; and (I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration..", "id": "id2522A4059C5C45608EDD57897F91ED12", "header": "Maritime Administration", "nested": [], "links": [] }, { "text": "109. Maritime Administration \n(a) Organization and mission \nThe Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States. (b) Maritime Administrator \nThe head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary. (c) Deputy Maritime Administrator \nThe Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator. (d) Duties and powers vested in Secretary \nAll duties and powers of the Maritime Administration are vested in the Secretary. (e) Regional offices \nThe Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices. (f) Interagency and industry relations \nThe Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities. (g) Detailing officers from Armed Forces \nTo assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the Armed Forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer's pay and allowances as an officer in the Armed Forces, makes the officer's total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail. (h) Contracts, cooperative agreements, and audits \n(1) Contracts and cooperative agreements \nIn the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to— (A) carry out the Secretary's duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and (B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness. (2) Audits \nThe financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46. (i) Grant administrative expenses \nExcept as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent. (j) Authorization of appropriations \n(1) In general \nExcept as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration. (2) Limitations \nOnly those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for— (A) acquisition, construction, or reconstruction of vessels; (B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels; (C) costs of national defense features; (D) payments of obligations incurred for operating-differential subsidies; (E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations; (F) the Vessel Operations Revolving Fund; (G) National Defense Reserve Fleet expenses; (H) expenses necessary to carry out part B of subtitle V of title 46; and (I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.", "id": "id5dff67cd2405464db877c64737e5dd17", "header": "Maritime Administration", "nested": [ { "text": "(a) Organization and mission \nThe Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States.", "id": "idb5f949e235124de9bda01b0a8d8d0a07", "header": "Organization and mission", "nested": [], "links": [] }, { "text": "(b) Maritime Administrator \nThe head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary.", "id": "idd8a483049d0f4e1286b2dd411887da48", "header": "Maritime Administrator", "nested": [], "links": [] }, { "text": "(c) Deputy Maritime Administrator \nThe Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator.", "id": "id410b3110873a4b438b552e84b06893ec", "header": "Deputy Maritime Administrator", "nested": [], "links": [] }, { "text": "(d) Duties and powers vested in Secretary \nAll duties and powers of the Maritime Administration are vested in the Secretary.", "id": "id16d2bdf8d6e14578bf0d445aa3ecb80b", "header": "Duties and powers vested in Secretary", "nested": [], "links": [] }, { "text": "(e) Regional offices \nThe Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices.", "id": "id5aa9b90a69d7403fb122568734b19c95", "header": "Regional offices", "nested": [], "links": [] }, { "text": "(f) Interagency and industry relations \nThe Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities.", "id": "id37f88a4ac52d4ddea42e5ff64e2ad734", "header": "Interagency and industry relations", "nested": [], "links": [] }, { "text": "(g) Detailing officers from Armed Forces \nTo assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the Armed Forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer's pay and allowances as an officer in the Armed Forces, makes the officer's total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail.", "id": "id17dbdd49d9c240c788b9a96ed3833e0e", "header": "Detailing officers from Armed Forces", "nested": [], "links": [] }, { "text": "(h) Contracts, cooperative agreements, and audits \n(1) Contracts and cooperative agreements \nIn the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to— (A) carry out the Secretary's duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and (B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness. (2) Audits \nThe financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46.", "id": "id28d5d2f023104c749ca59347b93fe422", "header": "Contracts, cooperative agreements, and audits", "nested": [], "links": [] }, { "text": "(i) Grant administrative expenses \nExcept as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent.", "id": "id975f96de7c564c29a98827763a227ab8", "header": "Grant administrative expenses", "nested": [], "links": [] }, { "text": "(j) Authorization of appropriations \n(1) In general \nExcept as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration. (2) Limitations \nOnly those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for— (A) acquisition, construction, or reconstruction of vessels; (B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels; (C) costs of national defense features; (D) payments of obligations incurred for operating-differential subsidies; (E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations; (F) the Vessel Operations Revolving Fund; (G) National Defense Reserve Fleet expenses; (H) expenses necessary to carry out part B of subtitle V of title 46; and (I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.", "id": "id76d277a7b15f48e9bda1a32d7ec74dc0", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "4001. Authorization of amounts in funding tables \n(a) In general \nWhenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations. (b) Merit-based decisions \nA decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall— (1) be based on merit-based selection procedures in accordance with the requirements of sections 3201 and 4024 of title 10, United States Code, or on competitive procedures; and (2) comply with other applicable provisions of law. (c) Relationship to transfer and programming authority \nAn amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts. (d) Applicability to classified annex \nThis section applies to any classified annex that accompanies this Act. (e) Oral or written communications \nNo oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.", "id": "id9298993f3aa343dd85b53f0336055316", "header": "Authorization of amounts in funding tables", "nested": [ { "text": "(a) In general \nWhenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.", "id": "idCDAB0FA29C3D4194A64810681C6EDEF7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Merit-based decisions \nA decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall— (1) be based on merit-based selection procedures in accordance with the requirements of sections 3201 and 4024 of title 10, United States Code, or on competitive procedures; and (2) comply with other applicable provisions of law.", "id": "idE410A242CCFB4F8D9BD2651F95FAE3D0", "header": "Merit-based decisions", "nested": [], "links": [] }, { "text": "(c) Relationship to transfer and programming authority \nAn amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.", "id": "id08391EEA0B30408B8F850905B92B4DD5", "header": "Relationship to transfer and programming authority", "nested": [], "links": [] }, { "text": "(d) Applicability to classified annex \nThis section applies to any classified annex that accompanies this Act.", "id": "idA3F1BBA0D7424B4980A8FAD537991556", "header": "Applicability to classified annex", "nested": [], "links": [] }, { "text": "(e) Oral or written communications \nNo oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.", "id": "id50B4B2448ABE4CC9B01B73D9794EF873", "header": "Oral or written communications", "nested": [], "links": [] } ], "links": [] }, { "text": "4101. PROCUREMENT \nSEC. 4101. PROCUREMENT (In Thousands of Dollars) Line Item FY 2024 Request Senate Authorized AIRCRAFT PROCUREMENT, ARMY FIXED WING 3 FUTURE UAS FAMILY 53,453 53,453 5 SMALL UNMANNED AIRCRAFT SYSTEMS 20,769 20,769 ROTARY 6 AH–64 APACHE BLOCK IIIA REMAN 718,578 718,578 7 AH–64 APACHE BLOCK IIIA REMAN 110,360 110,360 8 UH–60 BLACKHAWK M MODEL (MYP) 668,258 668,258 9 UH–60 BLACKHAWK M MODEL (MYP) 92,494 92,494 10 UH–60 BLACK HAWK L AND V MODELS 153,196 153,196 11 CH–47 HELICOPTER 202,487 202,487 12 CH–47 HELICOPTER 18,936 18,936 MODIFICATION OF AIRCRAFT 13 MQ–1 PAYLOAD 13,650 13,650 14 GRAY EAGLE MODS2 14,959 14,959 16 AH–64 MODS 113,127 113,127 17 CH–47 CARGO HELICOPTER MODS (MYP) 20,689 20,689 22 UTILITY HELICOPTER MODS 35,879 35,879 23 NETWORK AND MISSION PLAN 32,418 32,418 24 COMMS, NAV SURVEILLANCE 74,912 74,912 25 DEGRADED VISUAL ENVIRONMENT 16,838 16,838 26 AVIATION ASSURED PNT 67,383 67,383 27 GATM ROLLUP 8,924 8,924 29 UAS MODS 2,258 2,258 GROUND SUPPORT AVIONICS 30 AIRCRAFT SURVIVABILITY EQUIPMENT 161,731 161,731 31 SURVIVABILITY CM 6,526 6,526 32 CMWS 72,041 72,041 33 COMMON INFRARED COUNTERMEASURES (CIRCM) 261,384 261,384 OTHER SUPPORT 34 COMMON GROUND EQUIPMENT 25,752 25,752 35 AIRCREW INTEGRATED SYSTEMS 22,097 22,097 36 AIR TRAFFIC CONTROL 21,216 21,216 37 LAUNCHER, 2.75 ROCKET 2,125 2,125 TOTAL AIRCRAFT PROCUREMENT, ARMY 3,012,440 3,012,440 MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 1 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN 6,625 6,625 3 M-SHORAD—PROCUREMENT 400,697 400,697 4 MSE MISSILE 1,212,832 1,212,832 6 PRECISION STRIKE MISSILE (PRSM) 384,071 384,071 7 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I 313,189 313,189 8 MID-RANGE CAPABILITY (MRC) 169,519 169,519 AIR-TO-SURFACE MISSILE SYSTEM 9 HELLFIRE SYS SUMMARY 21,976 21,976 10 JOINT AIR-TO-GROUND MSLS (JAGM) 303,409 303,409 12 LONG-RANGE HYPERSONIC WEAPON 156,821 156,821 ANTI-TANK/ASSAULT MISSILE SYS 13 JAVELIN (AAWS-M) SYSTEM SUMMARY 199,509 199,509 14 TOW 2 SYSTEM SUMMARY 120,475 120,475 15 GUIDED MLRS ROCKET (GMLRS) 886,367 886,367 16 GUIDED MLRS ROCKET (GMLRS) 55,913 55,913 17 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) 10,334 10,334 18 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS 179,230 179,230 19 ARMY TACTICAL MSL SYS (ATACMS)—SYS SUM 7,307 7,307 MODIFICATIONS 21 PATRIOT MODS 212,247 212,247 22 STINGER MODS 36,484 36,484 23 AVENGER MODS 22,274 22,274 25 MLRS MODS 168,198 168,198 26 HIMARS MODIFICATIONS 76,266 76,266 SPARES AND REPAIR PARTS 27 SPARES AND REPAIR PARTS 6,573 6,573 SUPPORT EQUIPMENT & FACILITIES 28 AIR DEFENSE TARGETS 11,701 11,701 TOTAL MISSILE PROCUREMENT, ARMY 4,962,017 4,962,017 PROCUREMENT OF W&TCV, ARMY TRACKED COMBAT VEHICLES 1 ARMORED MULTI PURPOSE VEHICLE (AMPV) 554,777 554,777 3 MOBILE PROTECTED FIREPOWER 394,635 394,635 MODIFICATION OF TRACKED COMBAT VEHICLES 4 STRYKER UPGRADE 614,282 614,282 5 BRADLEY FIRE SUPPORT TEAM (BFIST) VEHICLE 5,232 5,232 6 BRADLEY PROGRAM (MOD) 158,274 158,274 7 M109 FOV MODIFICATIONS 90,986 90,986 8 PALADIN INTEGRATED MANAGEMENT (PIM) 469,152 469,152 9 IMPROVED RECOVERY VEHICLE (M88 HERCULES) 41,058 41,058 12 JOINT ASSAULT BRIDGE 159,804 159,804 13 ABRAMS UPGRADE PROGRAM 697,883 697,883 14 ABRAMS UPGRADE PROGRAM 102,440 102,440 WEAPONS & OTHER COMBAT VEHICLES 16 PERSONAL DEFENSE WEAPON (ROLL) 510 510 17 M240 MEDIUM MACHINE GUN (7.62MM) 425 425 19 MACHINE GUN, CAL.50 M2 ROLL 3,420 3,420 20 MORTAR SYSTEMS 8,013 8,013 21 LOCATION & AZIMUTH DETERMINATION SYSTEM (LADS 3,174 3,174 22 XM320 GRENADE LAUNCHER MODULE (GLM) 14,143 14,143 23 PRECISION SNIPER RIFLE 5,248 5,248 24 CARBINE 571 571 25 NEXT GENERATION SQUAD WEAPON 292,850 292,850 26 HANDGUN 32 32 MOD OF WEAPONS AND OTHER COMBAT VEH 28 M777 MODS 18,920 18,920 31 M119 MODIFICATIONS 13,097 13,097 32 MORTAR MODIFICATION 423 423 SUPPORT EQUIPMENT & FACILITIES 33 ITEMS LESS THAN $5.0M (WOCV-WTCV) 1,148 1,148 34 PRODUCTION BASE SUPPORT (WOCV-WTCV) 115,024 115,024 TOTAL PROCUREMENT OF W&TCV, ARMY 3,765,521 3,765,521 PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 1 CTG, 5.56MM, ALL TYPES 90,853 90,853 2 CTG, 7.62MM, ALL TYPES 65,370 65,370 3 NEXT GENERATION SQUAD WEAPON AMMUNITION 191,244 191,244 4 CTG, HANDGUN, ALL TYPES 6,597 6,597 5 CTG,.50 CAL, ALL TYPES 41,534 41,534 6 CTG, 20MM, ALL TYPES 7,925 7,925 7 CTG, 25MM, ALL TYPES 38,760 38,760 8 CTG, 30MM, ALL TYPES 107,805 107,805 9 CTG, 40MM, ALL TYPES 148,970 148,970 10 CTG, 50MM, ALL TYPES 28,000 28,000 MORTAR AMMUNITION 11 60MM MORTAR, ALL TYPES 35,160 35,160 12 81MM MORTAR, ALL TYPES 40,562 40,562 13 120MM MORTAR, ALL TYPES 106,784 106,784 TANK AMMUNITION 14 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES 300,368 300,368 ARTILLERY AMMUNITION 15 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES 21,298 21,298 16 ARTILLERY PROJECTILE, 155MM, ALL TYPES 150,839 150,839 18 PRECISION ARTILLERY MUNITIONS 96,406 96,406 19 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL 172,947 172,947 MINES 20 MINES & CLEARING CHARGES, ALL TYPES 71,182 71,182 21 CLOSE TERRAIN SHAPING OBSTACLE 55,374 55,374 ROCKETS 22 SHOULDER LAUNCHED MUNITIONS, ALL TYPES 18,630 18,630 23 ROCKET, HYDRA 70, ALL TYPES 87,293 87,293 OTHER AMMUNITION 24 CAD/PAD, ALL TYPES 6,564 6,564 25 DEMOLITION MUNITIONS, ALL TYPES 24,238 24,238 26 GRENADES, ALL TYPES 48,374 48,374 27 SIGNALS, ALL TYPES 23,252 23,252 28 SIMULATORS, ALL TYPES 11,309 11,309 MISCELLANEOUS 30 AMMO COMPONENTS, ALL TYPES 3,976 3,976 31 NON-LETHAL AMMUNITION, ALL TYPES 3,281 3,281 32 ITEMS LESS THAN $5 MILLION (AMMO) 17,436 17,436 33 AMMUNITION PECULIAR EQUIPMENT 13,133 13,133 34 FIRST DESTINATION TRANSPORTATION (AMMO) 18,068 18,068 35 CLOSEOUT LIABILITIES 102 102 PRODUCTION BASE SUPPORT 36 INDUSTRIAL FACILITIES 726,135 726,135 37 CONVENTIONAL MUNITIONS DEMILITARIZATION 183,752 183,752 38 ARMS INITIATIVE 4,057 4,057 TOTAL PROCUREMENT OF AMMUNITION, ARMY 2,967,578 2,967,578 OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 1 SEMITRAILERS, FLATBED: 22,751 22,751 2 SEMITRAILERS, TANKERS 40,359 40,359 3 HI MOB MULTI-PURP WHLD VEH (HMMWV) 25,904 25,904 4 GROUND MOBILITY VEHICLES (GMV) 36,223 36,223 6 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL 839,413 839,413 7 TRUCK, DUMP, 20T (CCE) 20,075 20,075 8 FAMILY OF MEDIUM TACTICAL VEH (FMTV) 110,734 110,734 9 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE (C 28,745 28,745 10 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP 55,340 55,340 11 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) 66,428 66,428 12 PLS ESP 51,868 51,868 14 TACTICAL WHEELED VEHICLE PROTECTION KITS 3,792 3,792 15 MODIFICATION OF IN SVC EQUIP 80,326 80,326 NON-TACTICAL VEHICLES 16 PASSENGER CARRYING VEHICLES 2,203 2,203 17 NONTACTICAL VEHICLES, OTHER 8,246 8,246 COMM—JOINT COMMUNICATIONS 18 SIGNAL MODERNIZATION PROGRAM 161,585 161,585 19 TACTICAL NETWORK TECHNOLOGY MOD IN SVC 358,646 358,646 20 DISASTER INCIDENT RESPONSE COMMS TERMINAL (DI 254 254 21 JCSE EQUIPMENT (USRDECOM) 5,097 5,097 COMM—SATELLITE COMMUNICATIONS 24 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS 101,181 101,181 25 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS 54,849 54,849 26 SHF TERM 41,634 41,634 27 ASSURED POSITIONING, NAVIGATION AND TIMING 202,370 202,370 28 EHF SATELLITE COMMUNICATION 19,122 19,122 30 GLOBAL BRDCST SVC—GBS 531 531 COMM—C3 SYSTEM 31 COE TACTICAL SERVER INFRASTRUCTURE (TSI) 77,999 77,999 COMM—COMBAT COMMUNICATIONS 32 HANDHELD MANPACK SMALL FORM FIT (HMS) 765,109 765,109 33 ARMY LINK 16 SYSTEMS 60,767 60,767 35 UNIFIED COMMAND SUITE 18,999 18,999 36 COTS COMMUNICATIONS EQUIPMENT 492,001 492,001 37 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE 1,374 1,374 38 ARMY COMMUNICATIONS & ELECTRONICS 52,485 52,485 COMM—INTELLIGENCE COMM 39 CI AUTOMATION ARCHITECTURE-INTEL 16,767 16,767 41 MULTI-DOMAIN INTELLIGENCE 119,989 119,989 INFORMATION SECURITY 42 INFORMATION SYSTEM SECURITY PROGRAM-ISSP 701 701 43 COMMUNICATIONS SECURITY (COMSEC) 159,712 159,712 44 DEFENSIVE CYBER OPERATIONS 13,848 13,848 45 INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO 1,502 1,502 47 BIOMETRIC ENABLING CAPABILITY (BEC) 453 453 COMM—LONG HAUL COMMUNICATIONS 49 BASE SUPPORT COMMUNICATIONS 23,278 23,278 COMM—BASE COMMUNICATIONS 50 INFORMATION SYSTEMS 32,608 32,608 51 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,949 4,949 52 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 243,011 243,011 ELECT EQUIP—TACT INT REL ACT (TIARA) 55 JTT/CIBS-M 8,543 8,543 56 TERRESTRIAL LAYER SYSTEMS (TLS) 85,486 85,486 58 DCGS-A-INTEL 2,980 2,980 60 TROJAN 30,649 30,649 61 MOD OF IN-SVC EQUIP (INTEL SPT) 4,169 4,169 62 BIOMETRIC TACTICAL COLLECTION DEVICES 932 932 ELECT EQUIP—ELECTRONIC WARFARE (EW) 63 EW PLANNING & MANAGEMENT TOOLS (EWPMT) 21,278 21,278 64 AIR VIGILANCE (AV) 6,641 6,641 65 MULTI-FUNCTION ELECTRONIC WARFARE (MFEW) SYST 15,941 15,941 67 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 22,833 22,833 68 CI MODERNIZATION 434 434 ELECT EQUIP—TACTICAL SURV. (TAC SURV) 69 SENTINEL MODS 161,886 161,886 70 NIGHT VISION DEVICES 141,143 141,143 71 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF 15,484 15,484 73 FAMILY OF WEAPON SIGHTS (FWS) 185,634 185,634 74 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE 3,652 3,652 75 FORWARD LOOKING INFRARED (IFLIR) 20,438 20,438 76 COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS) 365,376 365,376 77 JOINT BATTLE COMMAND—PLATFORM (JBC-P) 215,290 215,290 78 JOINT EFFECTS TARGETING SYSTEM (JETS) 8,932 8,932 79 COMPUTER BALLISTICS: LHMBC XM32 2,965 2,965 80 MORTAR FIRE CONTROL SYSTEM 8,024 8,024 81 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS 7,399 7,399 82 COUNTERFIRE RADARS 99,782 99,782 ELECT EQUIP—TACTICAL C2 SYSTEMS 83 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ( 78,512 78,512 84 FIRE SUPPORT C2 FAMILY 10,052 10,052 85 AIR & MSL DEFENSE PLANNING & CONTROL SYS 68,892 68,892 86 IAMD BATTLE COMMAND SYSTEM 412,556 412,556 87 LIFE CYCLE SOFTWARE SUPPORT (LCSS) 4,270 4,270 88 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 37,194 37,194 89 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) 1,987 1,987 90 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP 5,318 5,318 91 MOD OF IN-SVC EQUIPMENT (ENFIRE) 4,997 4,997 ELECT EQUIP—AUTOMATION 92 ARMY TRAINING MODERNIZATION 10,130 10,130 93 AUTOMATED DATA PROCESSING EQUIP 61,489 61,489 94 ACCESSIONS INFORMATION ENVIRONMENT (AIE) 4,198 4,198 96 HIGH PERF COMPUTING MOD PGM (HPCMP) 76,053 76,053 97 CONTRACT WRITING SYSTEM 6,061 6,061 98 CSS COMMUNICATIONS 56,804 56,804 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 1,781 1,781 CHEMICAL DEFENSIVE EQUIPMENT 102 BASE DEFENSE SYSTEMS (BDS) 70,781 70,781 103 CBRN DEFENSE 63,198 63,198 BRIDGING EQUIPMENT 104 TACTICAL BRIDGING 1,157 1,157 105 TACTICAL BRIDGE, FLOAT-RIBBON 82,228 82,228 106 BRIDGE SUPPLEMENTAL SET 4,414 4,414 ENGINEER (NON-CONSTRUCTION) EQUIPMENT 110 ROBOTICS AND APPLIQUE SYSTEMS 68,893 68,893 112 FAMILY OF BOATS AND MOTORS 4,785 4,785 COMBAT SERVICE SUPPORT EQUIPMENT 113 HEATERS AND ECU'S 7,617 7,617 115 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) 5,356 5,356 116 GROUND SOLDIER SYSTEM 167,129 167,129 117 MOBILE SOLDIER POWER 15,967 15,967 118 FORCE PROVIDER 34,200 34,200 120 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 45,792 45,792 121 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS 12,118 12,118 PETROLEUM EQUIPMENT 123 QUALITY SURVEILLANCE EQUIPMENT 2,507 2,507 124 DISTRIBUTION SYSTEMS, PETROLEUM & WATER 40,989 40,989 MEDICAL EQUIPMENT 125 COMBAT SUPPORT MEDICAL 86,829 86,829 MAINTENANCE EQUIPMENT 126 MOBILE MAINTENANCE EQUIPMENT SYSTEMS 17,287 17,287 CONSTRUCTION EQUIPMENT 128 TRACTOR, FULL TRACKED 29,878 29,878 129 ALL TERRAIN CRANES 27,725 27,725 131 FAMILY OF DIVER SUPPORT EQUIPMENT 1,811 1,811 132 CONST EQUIP ESP 8,898 8,898 RAIL FLOAT CONTAINERIZATION EQUIPMENT 133 ARMY WATERCRAFT ESP 30,592 30,592 134 MANEUVER SUPPORT VESSEL (MSV) 149,449 149,449 GENERATORS 136 GENERATORS AND ASSOCIATED EQUIP 78,364 78,364 137 TACTICAL ELECTRIC POWER RECAPITALIZATION 11,088 11,088 MATERIAL HANDLING EQUIPMENT 138 FAMILY OF FORKLIFTS 12,982 12,982 TRAINING EQUIPMENT 139 COMBAT TRAINING CENTERS SUPPORT 56,619 56,619 140 TRAINING DEVICES, NONSYSTEM 226,379 226,379 141 SYNTHETIC TRAINING ENVIRONMENT (STE) 234,965 234,965 142 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING 9,698 9,698 TEST MEASURE AND DIG EQUIPMENT (TMD) 143 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) 36,149 36,149 144 TEST EQUIPMENT MODERNIZATION (TEMOD) 32,623 32,623 OTHER SUPPORT EQUIPMENT 145 PHYSICAL SECURITY SYSTEMS (OPA3) 132,739 132,739 146 BASE LEVEL COMMON EQUIPMENT 34,460 34,460 147 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) 35,239 35,239 148 BUILDING, PRE-FAB, RELOCATABLE 31,011 31,011 149 SPECIAL EQUIPMENT FOR TEST AND EVALUATION 52,481 52,481 OPA2 151 INITIAL SPARES—C&E 9,169 9,169 TOTAL OTHER PROCUREMENT, ARMY 8,672,979 8,672,979 AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 1 F/A–18E/F (FIGHTER) HORNET 41,329 41,329 2 JOINT STRIKE FIGHTER CV 2,410,569 2,410,569 3 JOINT STRIKE FIGHTER CV 189,425 189,425 4 JSF STOVL 2,126,317 2,126,317 5 JSF STOVL 193,125 193,125 6 CH–53K (HEAVY LIFT) 1,698,050 1,698,050 7 CH–53K (HEAVY LIFT) 456,567 456,567 8 V–22 (MEDIUM LIFT) 27,216 27,216 9 H–1 UPGRADES (UH–1Y/AH–1Z) 4,292 4,292 10 P–8A POSEIDON 31,257 31,257 11 E–2D ADV HAWKEYE 182,817 182,817 TRAINER AIRCRAFT 13 MULTI-ENGINE TRAINING SYSTEM (METS) 289,141 289,141 OTHER AIRCRAFT 15 KC–130J 241,291 241,291 17 MQ–4 TRITON 416,010 416,010 19 MQ–8 UAV 1,546 1,546 21 MQ–25 545,697 545,697 22 MQ–25 50,576 50,576 23 MARINE GROUP 5 UAS 89,563 89,563 MODIFICATION OF AIRCRAFT 24 F–18 A-D UNIQUE 116,551 116,551 25 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM 605,416 605,416 26 MARINE GROUP 5 UAS SERIES 98,063 98,063 27 AEA SYSTEMS 24,110 24,110 28 AV–8 SERIES 22,829 22,829 29 INFRARED SEARCH AND TRACK (IRST) 179,193 179,193 30 ADVERSARY 69,336 69,336 31 F–18 SERIES 640,236 640,236 32 H–53 SERIES 41,414 41,414 33 MH–60 SERIES 106,495 106,495 34 H–1 SERIES 114,284 114,284 35 EP–3 SERIES 8,548 8,548 36 E–2 SERIES 183,246 183,246 37 TRAINER A/C SERIES 16,376 16,376 39 C–130 SERIES 198,220 198,220 40 FEWSG 651 651 41 CARGO/TRANSPORT A/C SERIES 13,930 13,930 42 E–6 SERIES 164,571 164,571 43 EXECUTIVE HELICOPTERS SERIES 60,498 60,498 44 T–45 SERIES 170,357 170,357 45 POWER PLANT CHANGES 21,079 21,079 46 JPATS SERIES 28,005 28,005 48 COMMON ECM EQUIPMENT 53,614 53,614 49 COMMON AVIONICS CHANGES 136,199 136,199 50 COMMON DEFENSIVE WEAPON SYSTEM 6,585 6,585 51 ID SYSTEMS 13,085 13,085 52 P–8 SERIES 316,168 316,168 53 MAGTF EW FOR AVIATION 24,901 24,901 54 MQ–8 SERIES 14,700 14,700 55 V–22 (TILT/ROTOR ACFT) OSPREY 215,997 215,997 56 NEXT GENERATION JAMMER (NGJ) 426,396 426,396 57 F–35 STOVL SERIES 311,921 311,921 58 F–35 CV SERIES 166,909 166,909 59 QRC 28,206 28,206 60 MQ–4 SERIES 93,951 93,951 AIRCRAFT SPARES AND REPAIR PARTS 62 SPARES AND REPAIR PARTS 2,451,244 2,451,244 AIRCRAFT SUPPORT EQUIP & FACILITIES 63 COMMON GROUND EQUIPMENT 566,156 566,156 64 AIRCRAFT INDUSTRIAL FACILITIES 133,815 133,815 65 WAR CONSUMABLES 44,632 44,632 66 OTHER PRODUCTION CHARGES 49,907 49,907 67 SPECIAL SUPPORT EQUIPMENT 404,178 404,178 TOTAL AIRCRAFT PROCUREMENT, NAVY 17,336,760 17,336,760 WEAPONS PROCUREMENT, NAVY MODIFICATION OF MISSILES 1 CONVENTIONAL PROMPT STRIKE 341,434 341,434 2 TRIDENT II MODS 1,284,705 1,284,705 SUPPORT EQUIPMENT & FACILITIES 3 MISSILE INDUSTRIAL FACILITIES 7,954 7,954 STRATEGIC MISSILES 4 TOMAHAWK 72,908 72,908 TACTICAL MISSILES 5 AMRAAM 439,153 439,153 6 SIDEWINDER 78,165 78,165 7 STANDARD MISSILE 969,525 969,525 8 STANDARD MISSILE 227,320 227,320 9 SMALL DIAMETER BOMB II 65,863 65,863 10 RAM 114,896 114,896 11 JOINT AIR GROUND MISSILE (JAGM) 79,292 79,292 12 HELLFIRE 6,923 6,923 13 AERIAL TARGETS 176,588 176,588 14 OTHER MISSILE SUPPORT 3,687 3,687 15 LRASM 639,636 639,636 16 NAVAL STRIKE MISSILE (NSM) 29,925 29,925 17 NAVAL STRIKE MISSILE (NSM) 5,755 5,755 MODIFICATION OF MISSILES 18 TOMAHAWK MODS 540,944 540,944 19 ESSM 290,129 290,129 20 AARGM-ER 162,429 162,429 21 AARGM-ER 33,273 33,273 22 STANDARD MISSILES MODS 89,255 89,255 SUPPORT EQUIPMENT & FACILITIES 23 WEAPONS INDUSTRIAL FACILITIES 2,037 2,037 ORDNANCE SUPPORT EQUIPMENT 25 ORDNANCE SUPPORT EQUIPMENT 208,154 208,154 TORPEDOES AND RELATED EQUIP 26 SSTD 4,830 4,830 27 MK–48 TORPEDO 308,497 308,497 28 ASW TARGETS 14,817 14,817 MOD OF TORPEDOES AND RELATED EQUIP 29 MK–54 TORPEDO MODS 104,086 104,086 30 MK–48 TORPEDO ADCAP MODS 20,714 20,714 31 MARITIME MINES 58,800 58,800 SUPPORT EQUIPMENT 32 TORPEDO SUPPORT EQUIPMENT 133,187 133,187 33 ASW RANGE SUPPORT 4,146 4,146 DESTINATION TRANSPORTATION 34 FIRST DESTINATION TRANSPORTATION 5,811 5,811 GUNS AND GUN MOUNTS 35 SMALL ARMS AND WEAPONS 14,165 14,165 MODIFICATION OF GUNS AND GUN MOUNTS 36 CIWS MODS 4,088 4,088 37 COAST GUARD WEAPONS 55,172 55,172 38 GUN MOUNT MODS 82,682 82,682 39 LCS MODULE WEAPONS 3,264 3,264 40 AIRBORNE MINE NEUTRALIZATION SYSTEMS 14,357 14,357 SPARES AND REPAIR PARTS 42 SPARES AND REPAIR PARTS 177,819 177,819 TOTAL WEAPONS PROCUREMENT, NAVY 6,876,385 6,876,385 PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 1 GENERAL PURPOSE BOMBS 43,519 43,519 2 JDAM 73,689 73,689 3 AIRBORNE ROCKETS, ALL TYPES 67,423 67,423 4 MACHINE GUN AMMUNITION 11,862 11,862 5 PRACTICE BOMBS 52,481 52,481 6 CARTRIDGES & CART ACTUATED DEVICES 72,426 72,426 7 AIR EXPENDABLE COUNTERMEASURES 104,529 104,529 8 JATOS 7,433 7,433 9 5 INCH/54 GUN AMMUNITION 30,871 30,871 10 INTERMEDIATE CALIBER GUN AMMUNITION 41,261 41,261 11 OTHER SHIP GUN AMMUNITION 44,044 44,044 12 SMALL ARMS & LANDING PARTY AMMO 48,478 48,478 13 PYROTECHNIC AND DEMOLITION 9,521 9,521 14 AMMUNITION LESS THAN $5 MILLION 1,679 1,679 15 EXPEDITIONARY LOITERING MUNITIONS 249,575 249,575 MARINE CORPS AMMUNITION 16 MORTARS 61,274 61,274 17 DIRECT SUPPORT MUNITIONS 73,338 73,338 18 INFANTRY WEAPONS AMMUNITION 178,240 178,240 19 COMBAT SUPPORT MUNITIONS 15,897 15,897 20 AMMO MODERNIZATION 17,941 17,941 21 ARTILLERY MUNITIONS 82,452 82,452 22 ITEMS LESS THAN $5 MILLION 5,340 5,340 TOTAL PROCUREMENT OF AMMO, NAVY & MC 1,293,273 1,293,273 SHIPBUILDING AND CONVERSION, NAVY FLEET BALLISTIC MISSILE SHIPS 1 OHIO REPLACEMENT SUBMARINE 2,443,598 2,443,598 2 OHIO REPLACEMENT SUBMARINE 3,390,734 3,390,734 OTHER WARSHIPS 3 CARRIER REPLACEMENT PROGRAM 1,115,296 1,115,296 4 CVN–81 800,492 800,492 5 VIRGINIA CLASS SUBMARINE 7,129,965 7,129,965 6 VIRGINIA CLASS SUBMARINE 3,215,539 3,215,539 8 CVN REFUELING OVERHAULS 817,646 817,646 9 DDG 1000 410,400 410,400 10 DDG–51 4,199,179 4,199,179 11 DDG–51 284,035 284,035 13 FFG-FRIGATE 2,173,698 2,173,698 AMPHIBIOUS SHIPS 14 LPD FLIGHT II 0 1,863,000 Program increase for LPD–33—USMC UFR [1,863,000] 18 LHA REPLACEMENT 1,830,149 1,830,149 AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 21 AS SUBMARINE TENDER 1,733,234 1,733,234 22 TAO FLEET OILER 815,420 815,420 25 LCU 1700 62,532 62,532 26 OUTFITTING 557,365 557,365 28 SERVICE CRAFT 63,815 63,815 29 AUXILIARY PERSONNEL LIGHTER 0 72,000 Additional APL–67 class berthing barge [72,000] 30 LCAC SLEP 15,286 15,286 31 AUXILIARY VESSELS (USED SEALIFT) 142,008 142,008 32 COMPLETION OF PY SHIPBUILDING PROGRAMS 1,648,559 1,648,559 TOTAL SHIPBUILDING AND CONVERSION, NAVY 32,848,950 34,783,950 OTHER PROCUREMENT, NAVY SHIP PROPULSION EQUIPMENT 1 SURFACE POWER EQUIPMENT 14,003 14,003 GENERATORS 2 SURFACE COMBATANT HM&E 105,441 105,441 NAVIGATION EQUIPMENT 3 OTHER NAVIGATION EQUIPMENT 110,286 110,286 OTHER SHIPBOARD EQUIPMENT 4 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG 262,951 262,951 5 DDG MOD 628,532 628,532 6 FIREFIGHTING EQUIPMENT 34,782 34,782 7 COMMAND AND CONTROL SWITCHBOARD 2,458 2,458 8 LHA/LHD MIDLIFE 104,369 104,369 9 LCC 19/20 EXTENDED SERVICE LIFE PROGRAM 10,529 10,529 10 POLLUTION CONTROL EQUIPMENT 23,272 23,272 11 SUBMARINE SUPPORT EQUIPMENT 112,526 112,526 12 VIRGINIA CLASS SUPPORT EQUIPMENT 32,076 32,076 13 LCS CLASS SUPPORT EQUIPMENT 18,832 18,832 14 SUBMARINE BATTERIES 28,221 28,221 15 LPD CLASS SUPPORT EQUIPMENT 91,890 91,890 16 DDG 1000 CLASS SUPPORT EQUIPMENT 232,124 232,124 17 STRATEGIC PLATFORM SUPPORT EQUIP 25,058 25,058 18 DSSP EQUIPMENT 4,623 4,623 20 LCAC 10,794 10,794 21 UNDERWATER EOD EQUIPMENT 19,549 19,549 22 ITEMS LESS THAN $5 MILLION 86,001 86,001 23 CHEMICAL WARFARE DETECTORS 3,288 3,288 REACTOR PLANT EQUIPMENT 24 SHIP MAINTENANCE, REPAIR AND MODERNIZATION 2,746,313 2,746,313 25 REACTOR POWER UNITS 2,016 2,016 26 REACTOR COMPONENTS 390,148 390,148 OCEAN ENGINEERING 27 DIVING AND SALVAGE EQUIPMENT 18,086 18,086 SMALL BOATS 28 STANDARD BOATS 74,963 74,963 PRODUCTION FACILITIES EQUIPMENT 29 OPERATING FORCES IPE 187,495 187,495 OTHER SHIP SUPPORT 30 LCS COMMON MISSION MODULES EQUIPMENT 49,060 49,060 31 LCS MCM MISSION MODULES 93,961 93,961 33 LCS SUW MISSION MODULES 12,102 12,102 34 LCS IN-SERVICE MODERNIZATION 171,704 171,704 35 SMALL & MEDIUM UUV 61,951 61,951 LOGISTIC SUPPORT 36 LSD MIDLIFE & MODERNIZATION 7,594 7,594 SHIP SONARS 37 SPQ–9B RADAR 7,267 7,267 38 AN/SQQ–89 SURF ASW COMBAT SYSTEM 138,065 138,065 39 SSN ACOUSTIC EQUIPMENT 463,577 463,577 40 UNDERSEA WARFARE SUPPORT EQUIPMENT 23,452 23,452 ASW ELECTRONIC EQUIPMENT 41 SUBMARINE ACOUSTIC WARFARE SYSTEM 46,726 46,726 42 SSTD 14,560 14,560 43 FIXED SURVEILLANCE SYSTEM 420,069 420,069 44 SURTASS 33,910 33,910 ELECTRONIC WARFARE EQUIPMENT 45 AN/SLQ–32 329,513 329,513 RECONNAISSANCE EQUIPMENT 46 SHIPBOARD IW EXPLOIT 379,230 379,230 47 AUTOMATED IDENTIFICATION SYSTEM (AIS) 4,082 4,082 OTHER SHIP ELECTRONIC EQUIPMENT 48 COOPERATIVE ENGAGEMENT CAPABILITY 37,677 37,677 49 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) 15,374 15,374 50 ATDLS 50,148 50,148 51 NAVY COMMAND AND CONTROL SYSTEM (NCCS) 3,918 3,918 52 MINESWEEPING SYSTEM REPLACEMENT 16,814 16,814 54 NAVSTAR GPS RECEIVERS (SPACE) 37,319 37,319 55 AMERICAN FORCES RADIO AND TV SERVICE 2,750 2,750 56 STRATEGIC PLATFORM SUPPORT EQUIP 6,437 6,437 AVIATION ELECTRONIC EQUIPMENT 57 ASHORE ATC EQUIPMENT 89,237 89,237 58 AFLOAT ATC EQUIPMENT 90,487 90,487 59 ID SYSTEMS 59,234 59,234 60 JOINT PRECISION APPROACH AND LANDING SYSTEM ( 3,343 3,343 61 NAVAL MISSION PLANNING SYSTEMS 39,180 39,180 OTHER SHORE ELECTRONIC EQUIPMENT 62 MARITIME INTEGRATED BROADCAST SYSTEM 6,994 6,994 63 TACTICAL/MOBILE C4I SYSTEMS 52,026 52,026 64 DCGS-N 16,579 16,579 65 CANES 467,587 467,587 66 RADIAC 16,475 16,475 67 CANES-INTELL 48,207 48,207 68 GPETE 25,761 25,761 69 MASF 16,475 16,475 70 INTEG COMBAT SYSTEM TEST FACILITY 6,345 6,345 71 EMI CONTROL INSTRUMENTATION 4,282 4,282 73 IN-SERVICE RADARS AND SENSORS 255,256 255,256 SHIPBOARD COMMUNICATIONS 74 BATTLE FORCE TACTICAL NETWORK 74,180 74,180 75 SHIPBOARD TACTICAL COMMUNICATIONS 29,776 29,776 76 SHIP COMMUNICATIONS AUTOMATION 96,916 96,916 77 COMMUNICATIONS ITEMS UNDER $5M 14,107 14,107 SUBMARINE COMMUNICATIONS 78 SUBMARINE BROADCAST SUPPORT 73,791 73,791 79 SUBMARINE COMMUNICATION EQUIPMENT 83,178 83,178 SATELLITE COMMUNICATIONS 80 SATELLITE COMMUNICATIONS SYSTEMS 72,871 72,871 81 NAVY MULTIBAND TERMINAL (NMT) 37,921 37,921 SHORE COMMUNICATIONS 82 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 5,065 5,065 CRYPTOGRAPHIC EQUIPMENT 83 INFO SYSTEMS SECURITY PROGRAM (ISSP) 154,890 154,890 84 MIO INTEL EXPLOITATION TEAM 1,079 1,079 CRYPTOLOGIC EQUIPMENT 85 CRYPTOLOGIC COMMUNICATIONS EQUIP 17,483 17,483 OTHER ELECTRONIC SUPPORT 86 COAST GUARD EQUIPMENT 77,458 77,458 SONOBUOYS 88 SONOBUOYS—ALL TYPES 311,177 311,177 AIRCRAFT SUPPORT EQUIPMENT 89 MINOTAUR 5,396 5,396 90 WEAPONS RANGE SUPPORT EQUIPMENT 147,556 147,556 91 AIRCRAFT SUPPORT EQUIPMENT 162,273 162,273 92 ADVANCED ARRESTING GEAR (AAG) 11,930 11,930 93 ELECTROMAGNETIC AIRCRAFT LAUNCH SYSTEM (EMALS 17,836 17,836 94 METEOROLOGICAL EQUIPMENT 19,703 19,703 95 LEGACY AIRBORNE MCM 12,202 12,202 97 AVIATION SUPPORT EQUIPMENT 82,115 82,115 98 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL 152,687 152,687 99 ARCHITECT & CAP FOR AUTONOMY IN NAV ENTER (AR 1,612 1,612 SHIP GUN SYSTEM EQUIPMENT 100 SHIP GUN SYSTEMS EQUIPMENT 6,404 6,404 SHIP MISSILE SYSTEMS EQUIPMENT 101 HARPOON SUPPORT EQUIPMENT 227 227 102 SHIP MISSILE SUPPORT EQUIPMENT 294,511 294,511 103 TOMAHAWK SUPPORT EQUIPMENT 92,432 92,432 FBM SUPPORT EQUIPMENT 104 STRATEGIC MISSILE SYSTEMS EQUIP 325,318 325,318 ASW SUPPORT EQUIPMENT 105 SSN COMBAT CONTROL SYSTEMS 133,063 133,063 106 ASW SUPPORT EQUIPMENT 27,469 27,469 OTHER ORDNANCE SUPPORT EQUIPMENT 107 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 27,864 27,864 108 ITEMS LESS THAN $5 MILLION 6,171 6,171 OTHER EXPENDABLE ORDNANCE 109 ANTI-SHIP MISSILE DECOY SYSTEM 56,630 56,630 110 SUBMARINE TRAINING DEVICE MODS 76,954 76,954 111 SURFACE TRAINING EQUIPMENT 209,487 209,487 CIVIL ENGINEERING SUPPORT EQUIPMENT 112 PASSENGER CARRYING VEHICLES 3,827 3,827 113 GENERAL PURPOSE TRUCKS 4,570 4,570 114 CONSTRUCTION & MAINTENANCE EQUIP 56,829 56,829 115 FIRE FIGHTING EQUIPMENT 16,583 16,583 116 TACTICAL VEHICLES 24,236 24,236 117 AMPHIBIOUS EQUIPMENT 4,504 4,504 118 POLLUTION CONTROL EQUIPMENT 3,898 3,898 119 ITEMS LESS THAN $5 MILLION 67,286 67,286 120 PHYSICAL SECURITY VEHICLES 1,286 1,286 SUPPLY SUPPORT EQUIPMENT 121 SUPPLY EQUIPMENT 33,258 33,258 122 FIRST DESTINATION TRANSPORTATION 6,977 6,977 123 SPECIAL PURPOSE SUPPLY SYSTEMS 659,529 659,529 TRAINING DEVICES 124 TRAINING SUPPORT EQUIPMENT 2,083 2,083 125 TRAINING AND EDUCATION EQUIPMENT 106,542 106,542 COMMAND SUPPORT EQUIPMENT 126 COMMAND SUPPORT EQUIPMENT 44,448 44,448 127 MEDICAL SUPPORT EQUIPMENT 12,529 12,529 129 NAVAL MIP SUPPORT EQUIPMENT 5,408 5,408 130 OPERATING FORCES SUPPORT EQUIPMENT 12,105 12,105 131 C4ISR EQUIPMENT 7,670 7,670 132 ENVIRONMENTAL SUPPORT EQUIPMENT 52,597 52,597 133 PHYSICAL SECURITY EQUIPMENT 108,901 108,901 134 ENTERPRISE INFORMATION TECHNOLOGY 42,154 42,154 OTHER 139 NEXT GENERATION ENTERPRISE SERVICE 177,585 177,585 140 CYBERSPACE ACTIVITIES 23,176 23,176 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 16,290 16,290 SPARES AND REPAIR PARTS 142 SPARES AND REPAIR PARTS 645,900 645,900 143 VIRGINIA CLASS (VACL) SPARES AND REPAIR PARTS 470,000 470,000 TOTAL OTHER PROCUREMENT, NAVY 14,535,257 14,535,257 PROCUREMENT, MARINE CORPS TRACKED COMBAT VEHICLES 1 AAV7A1 PIP 3,353 3,353 2 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES 557,564 557,564 3 LAV PIP 42,052 42,052 ARTILLERY AND OTHER WEAPONS 4 155MM LIGHTWEIGHT TOWED HOWITZER 489 489 5 ARTILLERY WEAPONS SYSTEM 165,268 165,268 6 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION 14,004 14,004 GUIDED MISSILES 7 TOMAHAWK 105,192 105,192 8 NAVAL STRIKE MISSILE (NSM) 169,726 169,726 9 NAVAL STRIKE MISSILE (NSM) 39,244 39,244 10 GROUND BASED AIR DEFENSE 249,103 253,603 Program increase [4,500] 11 ANTI-ARMOR MISSILE-JAVELIN 54,883 54,883 12 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) 23,627 23,627 13 ANTI-ARMOR MISSILE-TOW 2,007 2,007 14 GUIDED MLRS ROCKET (GMLRS) 8,867 8,867 COMMAND AND CONTROL SYSTEMS 15 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 75,382 75,382 REPAIR AND TEST EQUIPMENT 16 REPAIR AND TEST EQUIPMENT 53,590 53,590 OTHER SUPPORT (TEL) 17 MODIFICATION KITS 1,782 1,782 COMMAND AND CONTROL SYSTEM (NON-TEL) 18 ITEMS UNDER $5 MILLION (COMM & ELEC) 122,917 122,917 19 AIR OPERATIONS C2 SYSTEMS 23,744 23,744 RADAR + EQUIPMENT (NON-TEL) 20 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 66,291 66,291 INTELL/COMM EQUIPMENT (NON-TEL) 21 ELECTRO MAGNETIC SPECTRUM OPERATIONS (EMSO) 177,270 177,270 22 GCSS-MC 4,144 4,144 23 FIRE SUPPORT SYSTEM 58,483 58,483 24 INTELLIGENCE SUPPORT EQUIPMENT 148,062 148,062 26 UNMANNED AIR SYSTEMS (INTEL) 52,273 52,273 27 DCGS-MC 68,289 68,289 28 UAS PAYLOADS 19,088 19,088 OTHER SUPPORT (NON-TEL) 31 EXPEDITIONARY SUPPORT EQUIPMENT 2,010 2,010 32 MARINE CORPS ENTERPRISE NETWORK (MCEN) 259,044 259,044 33 COMMON COMPUTER RESOURCES 27,966 27,966 34 COMMAND POST SYSTEMS 71,109 71,109 35 RADIO SYSTEMS 544,059 544,059 36 COMM SWITCHING & CONTROL SYSTEMS 46,276 46,276 37 COMM & ELEC INFRASTRUCTURE SUPPORT 27,111 27,111 38 CYBERSPACE ACTIVITIES 27,583 27,583 40 UNMANNED EXPEDITIONARY SYSTEMS 13,564 13,564 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 2,799 2,799 ADMINISTRATIVE VEHICLES 43 COMMERCIAL CARGO VEHICLES 34,169 34,169 TACTICAL VEHICLES 44 MOTOR TRANSPORT MODIFICATIONS 17,299 17,299 45 JOINT LIGHT TACTICAL VEHICLE 232,501 232,501 46 TRAILERS 2,034 2,034 ENGINEER AND OTHER EQUIPMENT 47 TACTICAL FUEL SYSTEMS 12,956 12,956 48 POWER EQUIPMENT ASSORTED 28,899 28,899 49 AMPHIBIOUS SUPPORT EQUIPMENT 15,691 15,691 50 EOD SYSTEMS 41,200 41,200 MATERIALS HANDLING EQUIPMENT 51 PHYSICAL SECURITY EQUIPMENT 53,949 53,949 GENERAL PROPERTY 52 FIELD MEDICAL EQUIPMENT 5,457 5,457 53 TRAINING DEVICES 96,577 96,577 54 FAMILY OF CONSTRUCTION EQUIPMENT 29,883 29,883 55 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) 17,034 17,034 OTHER SUPPORT 56 ITEMS LESS THAN $5 MILLION 27,691 27,691 SPARES AND REPAIR PARTS 57 SPARES AND REPAIR PARTS 35,657 35,657 TOTAL PROCUREMENT, MARINE CORPS 3,979,212 3,983,712 AIRCRAFT PROCUREMENT, AIR FORCE STRATEGIC OFFENSIVE 1 B–21 RAIDER 1,617,093 1,617,093 2 B–21 RAIDER 708,000 708,000 TACTICAL FORCES 3 F–35 4,877,121 4,877,121 4 F–35 402,000 402,000 5 F–15EX 2,670,039 2,469,591 DAF requested realignment of funds [–200,448] 6 F–15EX 228,000 228,000 TACTICAL AIRLIFT 7 KC–46A MDAP 2,882,590 2,882,590 OTHER AIRLIFT 8 C–130J 34,921 34,921 HELICOPTERS 11 MH–139A 228,807 228,807 12 COMBAT RESCUE HELICOPTER 282,533 282,533 MISSION SUPPORT AIRCRAFT 13 CIVIL AIR PATROL A/C 3,013 3,013 OTHER AIRCRAFT 15 TARGET DRONES 42,226 42,226 17 E–11 BACN/HAG 67,367 67,367 STRATEGIC AIRCRAFT 19 B–2A 107,980 107,980 20 B–1B 12,757 9,782 DAF requested realignment of funds [–2,975] 21 B–52 65,815 51,798 DAF requested realignment of funds [–14,017] 22 LARGE AIRCRAFT INFRARED COUNTERMEASURES 21,723 21,723 TACTICAL AIRCRAFT 24 E–11 BACN/HAG 58,923 58,923 25 F–15 34,830 155,278 DAF requested realignment of funds [120,448] 26 F–16 297,342 297,342 27 F–22A 794,676 794,676 28 F–35 MODIFICATIONS 451,798 451,798 29 F–15 EPAW 280,658 280,658 AIRLIFT AIRCRAFT 31 C–5 24,377 24,377 32 C–17A 140,560 140,560 33 C–32A 19,060 19,060 34 C–37A 13,454 13,454 TRAINER AIRCRAFT 35 GLIDER MODS 5,270 5,270 36 T–6 2,942 2,942 37 T–1 10,950 10,950 38 T–38 125,340 125,340 OTHER AIRCRAFT 40 U–2 MODS 54,727 54,727 42 C–12 446 446 44 VC–25A MOD 29,707 29,707 45 C–40 8,921 8,921 46 C–130 71,177 71,177 47 C–130J MODS 121,258 121,258 48 C–135 153,595 153,595 49 COMPASS CALL 144,686 144,686 50 COMBAT FLIGHT INSPECTION—CFIN 446 446 51 RC–135 220,138 240,138 RC–135 alternate PNT upgrades [20,000] 52 E–3 1,350 1,350 53 E–4 13,055 13,055 56 H–1 816 816 57 H–60 4,207 4,207 60 HC/MC–130 MODIFICATIONS 101,055 101,055 61 OTHER AIRCRAFT 54,134 73,403 DAF requested realignment of funds [11,619] DAF requested realignment of funds for SLPA-A [7,650] 62 MQ–9 MODS 98,063 98,063 64 SENIOR LEADER C3 SYSTEM—AIRCRAFT 24,847 24,847 65 CV–22 MODS 153,006 153,006 AIRCRAFT SPARES AND REPAIR PARTS 66 INITIAL SPARES/REPAIR PARTS 781,521 772,877 DAF requested realignment of funds [–8,644] COMMON SUPPORT EQUIPMENT 67 AIRCRAFT REPLACEMENT SUPPORT EQUIP 157,664 157,664 POST PRODUCTION SUPPORT 68 B–2A 1,838 1,838 69 B–2B 15,207 15,207 72 MC–130J 10,117 10,117 74 F–16 1,075 1,075 75 F–22A 38,418 38,418 INDUSTRIAL PREPAREDNESS 79 INDUSTRIAL RESPONSIVENESS 18,874 18,874 WAR CONSUMABLES 80 WAR CONSUMABLES 27,482 27,482 OTHER PRODUCTION CHARGES 81 OTHER PRODUCTION CHARGES 1,478,044 1,558,044 DAF requested realignment of funds [80,000] CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 17,165 17,165 TOTAL AIRCRAFT PROCUREMENT, AIR FORCE 20,315,204 20,328,837 MISSILE PROCUREMENT, AIR FORCE MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 1 MISSILE REPLACEMENT EQ-BALLISTIC 69,319 69,319 BALLISTIC MISSILES 3 GROUND BASED STRATEGIC DETERRENT 539,300 539,300 STRATEGIC TACTICAL 4 LONG RANGE STAND-OFF WEAPON 66,816 66,816 5 REPLAC EQUIP & WAR CONSUMABLES 37,318 37,318 6 JOINT AIR-SURFACE STANDOFF MISSILE 915,996 915,996 7 JOINT AIR-SURFACE STANDOFF MISSILE 769,672 769,672 8 JOINT STRIKE MISSILE 161,011 161,011 9 LRASM0 87,796 87,796 10 LRASM0 99,871 99,871 11 SIDEWINDER (AIM–9X) 95,643 95,643 12 AMRAAM 489,049 489,049 13 AMRAAM 212,410 212,410 14 PREDATOR HELLFIRE MISSILE 1,049 1,049 15 SMALL DIAMETER BOMB 48,734 48,734 16 SMALL DIAMETER BOMB II 291,553 291,553 17 STAND-IN ATTACK WEAPON (SIAW) 41,947 41,947 INDUSTRIAL FACILITIES 18 INDUSTRIAL PREPAREDNESS/POL PREVENTION 793 793 CLASS IV 19 ICBM FUZE MOD 115,745 115,745 20 ICBM FUZE MOD 43,044 43,044 21 MM III MODIFICATIONS 48,639 48,639 22 AIR LAUNCH CRUISE MISSILE (ALCM) 41,494 41,494 MISSILE SPARES AND REPAIR PARTS 23 MSL SPRS/REPAIR PARTS (INITIAL) 6,840 6,840 24 MSL SPRS/REPAIR PARTS (REPLEN) 75,191 75,191 SPECIAL PROGRAMS 29 SPECIAL UPDATE PROGRAMS 419,498 419,498 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 851,718 851,718 TOTAL MISSILE PROCUREMENT, AIR FORCE 5,530,446 5,530,446 PROCUREMENT OF AMMUNITION, AIR FORCE ROCKETS 1 ROCKETS 18,483 18,483 CARTRIDGES 2 CARTRIDGES 101,104 101,104 BOMBS 4 GENERAL PURPOSE BOMBS 142,118 142,118 5 MASSIVE ORDNANCE PENETRATOR (MOP) 14,074 14,074 6 JOINT DIRECT ATTACK MUNITION 132,364 132,364 7 B–61 68 68 8 B61–12 TRAINER 10,100 10,100 OTHER ITEMS 9 CAD/PAD 51,487 51,487 10 EXPLOSIVE ORDNANCE DISPOSAL (EOD) 6,707 6,707 11 SPARES AND REPAIR PARTS 585 585 13 FIRST DESTINATION TRANSPORTATION 2,299 2,299 14 ITEMS LESS THAN $5,000,000 5,115 5,115 FLARES 15 EXPENDABLE COUNTERMEASURES 79,786 79,786 FUZES 16 FUZES 109,562 109,562 SMALL ARMS 17 SMALL ARMS 29,306 29,306 TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE 703,158 703,158 PROCUREMENT, SPACE FORCE SPACE PROCUREMENT, SF 1 AF SATELLITE COMM SYSTEM 64,345 64,345 3 COUNTERSPACE SYSTEMS 52,665 52,665 4 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS 25,057 25,057 5 FABT FORCE ELEMENT TERMINAL 121,634 121,634 7 GENERAL INFORMATION TECH—SPACE 3,451 3,451 8 GPSIII FOLLOW ON 119,700 119,700 9 GPS III SPACE SEGMENT 121,770 121,770 10 GLOBAL POSTIONING (SPACE) 893 893 11 HERITAGE TRANSITION 6,110 6,110 12 JOINT TACTICAL GROUND STATIONS 580 580 13 SPACEBORNE EQUIP (COMSEC) 83,168 83,168 14 MILSATCOM 44,672 44,672 15 SBIR HIGH (SPACE) 39,438 39,438 16 SPECIAL SPACE ACTIVITIES 840,913 380,213 Space Force realignment of funds [–497,000] Space Force Unfunded Priorities List Classified Program A [36,300] 17 MOBILE USER OBJECTIVE SYSTEM 101,147 101,147 18 NATIONAL SECURITY SPACE LAUNCH 2,142,846 2,142,846 20 PTES HUB 56,482 56,482 21 ROCKET SYSTEMS LAUNCH PROGRAM 74,848 74,848 22 SPACE DEVELOPMENT AGENCY LAUNCH 529,468 529,468 23 SPACE MODS 166,596 166,596 24 SPACELIFT RANGE SYSTEM SPACE 114,505 114,505 SPARES 25 SPARES AND REPAIR PARTS 906 906 SUPPORT EQUIPMENT 26 POWER CONDITIONING EQUIPMENT 3,100 3,100 TOTAL PROCUREMENT, SPACE FORCE 4,714,294 4,253,594 OTHER PROCUREMENT, AIR FORCE PASSENGER CARRYING VEHICLES 1 PASSENGER CARRYING VEHICLES 6,123 6,123 CARGO AND UTILITY VEHICLES 2 MEDIUM TACTICAL VEHICLE 3,961 3,961 3 CAP VEHICLES 1,027 1,027 4 CARGO AND UTILITY VEHICLES 45,036 47,338 DAF requested realignment of funds [328] DAF requested realignment of funds from OMAF SAG 11R [1,974] SPECIAL PURPOSE VEHICLES 5 JOINT LIGHT TACTICAL VEHICLE 57,780 57,780 6 SECURITY AND TACTICAL VEHICLES 390 390 7 SPECIAL PURPOSE VEHICLES 79,023 82,803 DAF requested realignment of funds [340] DAF requested realignment of funds from OMAF SAG 11R [3,440] FIRE FIGHTING EQUIPMENT 8 FIRE FIGHTING/CRASH RESCUE VEHICLES 70,252 70,252 MATERIALS HANDLING EQUIPMENT 9 MATERIALS HANDLING VEHICLES 73,805 75,895 DAF requested realignment of funds from OMAF SAG 11R [1,805] DAF requested realignment of funds from OPAF line 11 [285] BASE MAINTENANCE SUPPORT 10 RUNWAY SNOW REMOV AND CLEANING EQU 22,030 22,030 11 BASE MAINTENANCE SUPPORT VEHICLES 223,354 240,634 DAF requested realignment of funds [–953] DAF requested realignment of funds from OMAF SAG 11R [18,233] COMM SECURITY EQUIPMENT(COMSEC) 13 COMSEC EQUIPMENT 98,600 98,600 INTELLIGENCE PROGRAMS 15 INTERNATIONAL INTEL TFECH & ARCHITECTURES 5,393 5,393 16 INTELLIGENCE TRAINING EQUIPMENT 5,012 5,012 17 INTELLIGENCE COMM EQUIPMENT 40,042 40,042 ELECTRONICS PROGRAMS 18 AIR TRAFFIC CONTROL & LANDING SYS 67,581 67,581 19 NATIONAL AIRSPACE SYSTEM 3,841 3,841 20 BATTLE CONTROL SYSTEM—FIXED 1,867 1,867 22 3D EXPEDITIONARY LONG-RANGE RADAR 83,735 83,735 23 WEATHER OBSERVATION FORECAST 28,530 28,530 24 STRATEGIC COMMAND AND CONTROL 73,593 73,593 25 CHEYENNE MOUNTAIN COMPLEX 8,221 8,221 26 MISSION PLANNING SYSTEMS 17,078 17,078 29 STRATEGIC MISSION PLANNING & EXECUTION SYSTEM 3,861 3,861 SPCL COMM-ELECTRONICS PROJECTS 30 GENERAL INFORMATION TECHNOLOGY 206,142 237,093 DAF requested realignment of funds [30,951] 31 AF GLOBAL COMMAND & CONTROL SYS 2,582 2,582 32 BATTLEFIELD AIRBORNE CONTROL NODE (BACN) 30 30 33 MOBILITY COMMAND AND CONTROL 3,768 3,768 34 AIR FORCE PHYSICAL SECURITY SYSTEM 208,704 208,704 35 COMBAT TRAINING RANGES 346,340 346,340 36 MINIMUM ESSENTIAL EMERGENCY COMM N 84,102 84,102 37 WIDE AREA SURVEILLANCE (WAS) 11,594 11,594 38 C3 COUNTERMEASURES 148,818 148,818 44 AIR & SPACE OPERATIONS CENTER (AOC) 5,032 5,032 AIR FORCE COMMUNICATIONS 46 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED 108,532 322,704 DAF requested realignment of funds [214,172] 47 AFNET 154,911 154,911 48 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 5,381 5,381 49 USCENTCOM 18,025 18,025 50 USSTRATCOM 4,436 4,436 51 USSPACECOM 27,073 27,073 ORGANIZATION AND BASE 52 TACTICAL C-E EQUIPMENT 226,819 226,819 53 RADIO EQUIPMENT 30,407 30,407 54 BASE COMM INFRASTRUCTURE 113,563 113,563 MODIFICATIONS 55 COMM ELECT MODS 98,224 98,224 PERSONAL SAFETY & RESCUE EQUIP 56 PERSONAL SAFETY AND RESCUE EQUIPMENT 60,473 60,473 DEPOT PLANT+MTRLS HANDLING EQ 57 POWER CONDITIONING EQUIPMENT 9,235 9,235 58 MECHANIZED MATERIAL HANDLING EQUIP 15,662 15,662 BASE SUPPORT EQUIPMENT 59 BASE PROCURED EQUIPMENT 77,875 77,875 60 ENGINEERING AND EOD EQUIPMENT 280,734 288,968 DAF requested realignment of funds [2,284] DAF requested realignment of funds from OMAF SAG 11R [5,950] 61 MOBILITY EQUIPMENT 207,071 232,271 DAF requested realignment of funds from OMAF SAG 11R [25,200] 62 FUELS SUPPORT EQUIPMENT (FSE) 218,790 218,790 63 BASE MAINTENANCE AND SUPPORT EQUIPMENT 51,914 51,914 SPECIAL SUPPORT PROJECTS 65 DARP RC135 28,882 28,882 66 DCGS-AF 129,655 129,655 70 SPECIAL UPDATE PROGRAM 1,042,833 1,042,833 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 25,456,490 25,456,490 SPARES AND REPAIR PARTS 71 SPARES AND REPAIR PARTS (CYBER) 1,032 1,032 72 SPARES AND REPAIR PARTS 12,628 12,628 TOTAL OTHER PROCUREMENT, AIR FORCE 30,417,892 30,721,901 PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, DCSA 29 MAJOR EQUIPMENT 2,135 2,135 MAJOR EQUIPMENT, DHRA 43 PERSONNEL ADMINISTRATION 3,704 3,704 MAJOR EQUIPMENT, DISA 11 INFORMATION SYSTEMS SECURITY 12,275 12,275 12 TELEPORT PROGRAM 42,399 42,399 14 ITEMS LESS THAN $5 MILLION 47,538 47,538 15 DEFENSE INFORMATION SYSTEM NETWORK 39,472 39,472 16 WHITE HOUSE COMMUNICATION AGENCY 118,523 118,523 17 SENIOR LEADERSHIP ENTERPRISE 94,591 94,591 18 JOINT REGIONAL SECURITY STACKS (JRSS) 22,714 15,714 Program reduction [–7,000] 19 JOINT SERVICE PROVIDER 107,637 107,637 20 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) 33,047 33,047 MAJOR EQUIPMENT, DLA 28 MAJOR EQUIPMENT 30,355 30,355 MAJOR EQUIPMENT, DMACT 50 MAJOR EQUIPMENT 13,012 13,012 MAJOR EQUIPMENT, DODEA 49 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS 1,358 1,358 MAJOR EQUIPMENT, DPAA 1 MAJOR EQUIPMENT, DPAA 516 516 MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 46 VEHICLES 366 366 47 OTHER MAJOR EQUIPMENT 12,787 12,787 48 DTRA CYBER ACTIVITIES 21,413 21,413 MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 31 THAAD 216,782 216,782 33 AEGIS BMD 374,756 374,756 35 BMDS AN/TPY–2 RADARS 29,108 29,108 36 SM–3 IIAS 432,824 432,824 37 ARROW 3 UPPER TIER SYSTEMS 80,000 80,000 38 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) 40,000 40,000 39 DEFENSE OF GUAM PROCUREMENT 169,627 169,627 40 AEGIS ASHORE PHASE III 2,390 2,390 41 IRON DOME 80,000 80,000 42 AEGIS BMD HARDWARE AND SOFTWARE 27,825 27,825 MAJOR EQUIPMENT, OSD 2 MAJOR EQUIPMENT, OSD 186,006 186,006 MAJOR EQUIPMENT, TJS 30 MAJOR EQUIPMENT, TJS 3,747 3,747 MAJOR EQUIPMENT, USCYBERCOM 51 CYBERSPACE OPERATIONS 129,082 160,082 Modernization of Department of Defense Internet Gateway Cyber Defense [31,000] CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 658,529 658,529 AVIATION PROGRAMS 53 ARMED OVERWATCH/TARGETING 266,846 266,846 54 MANNED ISR 7,000 7,000 55 MC–12 600 600 57 ROTARY WING UPGRADES AND SUSTAINMENT 261,012 261,012 58 UNMANNED ISR 26,997 26,997 59 NON-STANDARD AVIATION 25,782 25,782 60 U–28 7,198 7,198 61 MH–47 CHINOOK 149,883 149,883 62 CV–22 MODIFICATION 75,981 75,981 63 MQ–9 UNMANNED AERIAL VEHICLE 17,684 17,684 64 PRECISION STRIKE PACKAGE 108,497 108,497 65 AC/MC–130J 319,754 319,754 66 C–130 MODIFICATIONS 18,796 18,796 SHIPBUILDING 67 UNDERWATER SYSTEMS 66,111 78,171 Seal Delivery Vehicle (SDV) Sonar Payload for Subsea Seabed Acceleration [12,060] AMMUNITION PROGRAMS 68 ORDNANCE ITEMS <$5M 147,831 147,831 OTHER PROCUREMENT PROGRAMS 69 INTELLIGENCE SYSTEMS 203,400 203,400 70 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 5,718 5,718 71 OTHER ITEMS <$5M 108,816 108,816 72 COMBATANT CRAFT SYSTEMS 55,064 55,064 73 SPECIAL PROGRAMS 20,412 20,412 74 TACTICAL VEHICLES 56,561 56,561 75 WARRIOR SYSTEMS <$5M 329,837 344,637 Counter Uncrewed Aerial Systems (CUAS) Group 3 Defeat Acceleration [14,800] 76 COMBAT MISSION REQUIREMENTS 4,987 4,987 77 OPERATIONAL ENHANCEMENTS INTELLIGENCE 23,639 23,639 78 OPERATIONAL ENHANCEMENTS 322,341 322,341 CBDP 79 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS 159,884 159,884 80 CB PROTECTION & HAZARD MITIGATION 231,826 236,826 Chemical nerve agent countermeasures [5,000] TOTAL PROCUREMENT, DEFENSE-WIDE 6,056,975 6,112,835 TOTAL PROCUREMENT 167,988,341 169,840,643", "id": "id91cd83b1", "header": "PROCUREMENT", "nested": [], "links": [] }, { "text": "4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION \nSEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Line Program Element Item FY 2024 Request Senate Authorized RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY BASIC RESEARCH 1 0601102A DEFENSE RESEARCH SCIENCES 296,670 296,670 2 0601103A UNIVERSITY RESEARCH INITIATIVES 75,672 75,672 3 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 108,946 108,946 4 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE 5,459 5,459 5 0601601A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING BASIC RESEARCH 10,708 10,708 SUBTOTAL BASIC RESEARCH 497,455 497,455 APPLIED RESEARCH 6 0602002A ARMY AGILE INNOVATION AND DEVELOPMENT-APPLIED RESEARCH 5,613 5,613 8 0602134A COUNTER IMPROVISED-THREAT ADVANCED STUDIES 6,242 6,242 9 0602141A LETHALITY TECHNOLOGY 85,578 85,578 10 0602142A ARMY APPLIED RESEARCH 34,572 34,572 11 0602143A SOLDIER LETHALITY TECHNOLOGY 104,470 114,470 Airborne Pathfinder [10,000] 12 0602144A GROUND TECHNOLOGY 60,005 80,005 Critical hybrid advanced materials processing [7,000] Engineered repair materials for roadways [3,000] Polar proving ground and training program [5,000] Titanium metal powder production technology [5,000] 13 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY 166,500 181,500 Fuel cells for next generation combat vehicles [5,000] Hydrogen fuel source research and development [10,000] 14 0602146A NETWORK C3I TECHNOLOGY 81,618 81,618 15 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY 34,683 34,683 16 0602148A FUTURE VERTICLE LIFT TECHNOLOGY 73,844 73,844 17 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 33,301 38,301 Counter-Unmanned Aircraft Systems technology [5,000] 18 0602180A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES 24,142 24,142 19 0602181A ALL DOMAIN CONVERGENCE APPLIED RESEARCH 14,297 14,297 20 0602182A C3I APPLIED RESEARCH 30,659 30,659 21 0602183A AIR PLATFORM APPLIED RESEARCH 48,163 48,163 22 0602184A SOLDIER APPLIED RESEARCH 18,986 18,986 23 0602213A C3I APPLIED CYBER 22,714 22,714 24 0602386A BIOTECHNOLOGY FOR MATERIALS—APPLIED RESEARCH 16,736 16,736 25 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 19,969 19,969 26 0602787A MEDICAL TECHNOLOGY 66,266 71,266 Preventing trauma-related stress disorder [5,000] SUBTOTAL APPLIED RESEARCH 948,358 1,003,358 ADVANCED TECHNOLOGY DEVELOPMENT 27 0603002A MEDICAL ADVANCED TECHNOLOGY 4,147 4,147 28 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY 16,316 16,316 29 0603025A ARMY AGILE INNOVATION AND DEMONSTRATION 23,156 23,156 30 0603040A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ADVANCED TECHNOLOGIES 13,187 18,187 Tactical artificial intelligence and machine learning [5,000] 31 0603041A ALL DOMAIN CONVERGENCE ADVANCED TECHNOLOGY 33,332 33,332 32 0603042A C3I ADVANCED TECHNOLOGY 19,225 19,225 33 0603043A AIR PLATFORM ADVANCED TECHNOLOGY 14,165 14,165 34 0603044A SOLDIER ADVANCED TECHNOLOGY 1,214 1,214 36 0603116A LETHALITY ADVANCED TECHNOLOGY 20,582 20,582 37 0603117A ARMY ADVANCED TECHNOLOGY DEVELOPMENT 136,280 136,280 38 0603118A SOLDIER LETHALITY ADVANCED TECHNOLOGY 102,778 102,778 39 0603119A GROUND ADVANCED TECHNOLOGY 40,597 45,597 Advanced composites and multi-material protective systems [5,000] 40 0603134A COUNTER IMPROVISED-THREAT SIMULATION 21,672 21,672 41 0603386A BIOTECHNOLOGY FOR MATERIALS—ADVANCED RESEARCH 59,871 59,871 42 0603457A C3I CYBER ADVANCED DEVELOPMENT 28,847 28,847 43 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM 255,772 265,772 High Performance Computing Modernization Program increase [10,000] 44 0603462A NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY 217,394 224,394 Advanced Manufacturing Center of Excellence [7,000] 45 0603463A NETWORK C3I ADVANCED TECHNOLOGY 105,549 105,549 46 0603464A LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY 153,024 158,024 Aluminum-Lithium Alloy Solid Rocket Motor [5,000] 47 0603465A FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY 158,795 158,795 48 0603466A AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY 21,015 26,015 Rapid Assurance Modernization Program-Test [5,000] 49 0603920A HUMANITARIAN DEMINING 9,068 9,068 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 1,455,986 1,492,986 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 51 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION 12,904 12,904 52 0603308A ARMY SPACE SYSTEMS INTEGRATION 19,120 19,120 54 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV 47,537 47,537 55 0603639A TANK AND MEDIUM CALIBER AMMUNITION 91,323 91,323 56 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV 43,026 43,026 57 0603747A SOLDIER SUPPORT AND SURVIVABILITY 3,550 3,550 58 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV 65,567 65,567 59 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 73,675 73,675 60 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL 31,720 31,720 61 0603790A NATO RESEARCH AND DEVELOPMENT 4,143 4,143 62 0603801A AVIATION—ADV DEV 1,502,160 1,502,160 63 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 7,604 7,604 64 0603807A MEDICAL SYSTEMS—ADV DEV 1,602 1,602 65 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT 27,681 27,681 66 0604017A ROBOTICS DEVELOPMENT 3,024 3,024 67 0604019A EXPANDED MISSION AREA MISSILE (EMAM) 97,018 97,018 68 0604020A CROSS FUNCTIONAL TEAM (CFT) ADVANCED DEVELOPMENT & PROTOTYPING 117,557 117,557 69 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY 38,851 38,851 70 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV DEV 191,394 191,394 71 0604037A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) ADV DEV 10,626 10,626 72 0604100A ANALYSIS OF ALTERNATIVES 11,095 11,095 73 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.4) 5,144 5,144 74 0604103A ELECTRONIC WARFARE PLANNING AND MANAGEMENT TOOL (EWPMT) 2,260 2,260 75 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM (FTUAS) 53,143 53,143 76 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR 816,663 816,663 77 0604115A TECHNOLOGY MATURATION INITIATIVES 281,314 281,314 78 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) 281,239 281,239 79 0604119A ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING 204,914 204,914 80 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) 40,930 40,930 81 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING 109,714 109,714 82 0604134A COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING 16,426 16,426 83 0604135A STRATEGIC MID-RANGE FIRES 31,559 31,559 84 0604182A HYPERSONICS 43,435 43,435 85 0604403A FUTURE INTERCEPTOR 8,040 8,040 86 0604531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS ADVANCED DEVELOPMENT 64,242 64,242 87 0604541A UNIFIED NETWORK TRANSPORT 40,915 40,915 9999 9999999999 CLASSIFIED PROGRAMS 19,200 19,200 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 4,420,315 4,420,315 SYSTEM DEVELOPMENT & DEMONSTRATION 91 0604201A AIRCRAFT AVIONICS 13,673 13,673 92 0604270A ELECTRONIC WARFARE DEVELOPMENT 12,789 12,789 93 0604601A INFANTRY SUPPORT WEAPONS 64,076 64,076 94 0604604A MEDIUM TACTICAL VEHICLES 28,226 28,226 95 0604611A JAVELIN 7,827 7,827 96 0604622A FAMILY OF HEAVY TACTICAL VEHICLES 44,197 44,197 97 0604633A AIR TRAFFIC CONTROL 1,134 1,134 98 0604641A TACTICAL UNMANNED GROUND VEHICLE (TUGV) 142,125 142,125 99 0604642A LIGHT TACTICAL WHEELED VEHICLES 53,564 53,564 100 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV 102,201 102,201 101 0604710A NIGHT VISION SYSTEMS—ENG DEV 48,720 56,220 Enhanced Night Vision Goggle—Binocular capability enhancements [7,500] 102 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT 2,223 2,223 103 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV 21,441 21,441 104 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV 74,738 74,738 105 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT 30,985 30,985 106 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 13,626 13,626 107 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV 8,802 8,802 108 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION 20,828 20,828 109 0604802A WEAPONS AND MUNITIONS—ENG DEV 243,851 243,851 110 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV 37,420 42,420 Ultra-Lightweight Camouflage Net System [5,000] 111 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV 34,214 34,214 112 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV 6,496 6,496 113 0604808A LANDMINE WARFARE/BARRIER—ENG DEV 13,581 13,581 114 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE 168,574 168,574 115 0604820A RADAR DEVELOPMENT 94,944 94,944 116 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) 2,965 2,965 117 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL 11,333 11,333 118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD 79,250 79,250 119 0604854A ARTILLERY SYSTEMS—EMD 42,490 42,490 120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 104,024 104,024 121 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 102,084 102,084 123 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) 18,662 18,662 124 0605031A JOINT TACTICAL NETWORK (JTN) 30,328 30,328 125 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) 11,509 11,509 126 0605036A COMBATING WEAPONS OF MASS DESTRUCTION (CWMD) 1,050 1,050 128 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT 27,714 27,714 129 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) 4,318 4,318 130 0605047A CONTRACT WRITING SYSTEM 16,355 16,355 131 0605049A MISSILE WARNING SYSTEM MODERNIZATION (MWSM) 27,571 27,571 132 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 24,900 24,900 133 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 196,248 196,248 134 0605053A GROUND ROBOTICS 35,319 35,319 135 0605054A EMERGING TECHNOLOGY INITIATIVES 201,274 201,274 137 0605144A NEXT GENERATION LOAD DEVICE—MEDIUM 36,970 36,970 139 0605148A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) EMD 132,136 132,136 140 0605203A ARMY SYSTEM DEVELOPMENT & DEMONSTRATION 81,657 81,657 141 0605205A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.5) 31,284 31,284 142 0605206A CI AND HUMINT EQUIPMENT PROGRAM-ARMY (CIHEP-A) 2,170 2,170 143 0605216A JOINT TARGETING INTEGRATED COMMAND AND COORDINATION SUITE (JTIC2S) 9,290 9,290 144 0605224A MULTI-DOMAIN INTELLIGENCE 41,003 41,003 146 0605231A PRECISION STRIKE MISSILE (PRSM) 272,786 272,786 147 0605232A HYPERSONICS EMD 900,920 900,920 148 0605233A ACCESSIONS INFORMATION ENVIRONMENT (AIE) 27,361 27,361 149 0605235A STRATEGIC MID-RANGE CAPABILITY 348,855 348,855 150 0605236A INTEGRATED TACTICAL COMMUNICATIONS 22,901 22,901 151 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 3,014 3,014 152 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) 284,095 284,095 153 0605531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS SYS DEV & DEMONSTRATION 36,016 36,016 154 0605625A MANNED GROUND VEHICLE 996,653 996,653 155 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) 15,129 15,129 156 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH 27,243 27,243 157 0605830A AVIATION GROUND SUPPORT EQUIPMENT 1,167 1,167 158 0303032A TROJAN—RH12 3,879 3,879 159 0304270A ELECTRONIC WARFARE DEVELOPMENT 137,186 137,186 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 5,639,364 5,651,864 MANAGEMENT SUPPORT 160 0604256A THREAT SIMULATOR DEVELOPMENT 38,492 38,492 161 0604258A TARGET SYSTEMS DEVELOPMENT 11,873 11,873 162 0604759A MAJOR T&E INVESTMENT 76,167 76,167 163 0605103A RAND ARROYO CENTER 37,078 37,078 164 0605301A ARMY KWAJALEIN ATOLL 314,872 314,872 165 0605326A CONCEPTS EXPERIMENTATION PROGRAM 95,551 95,551 167 0605601A ARMY TEST RANGES AND FACILITIES 439,118 449,118 Radar Range Replacement Program [10,000] 168 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS 42,220 42,220 169 0605604A SURVIVABILITY/LETHALITY ANALYSIS 37,518 37,518 170 0605606A AIRCRAFT CERTIFICATION 2,718 2,718 172 0605706A MATERIEL SYSTEMS ANALYSIS 26,902 26,902 173 0605709A EXPLOITATION OF FOREIGN ITEMS 7,805 7,805 174 0605712A SUPPORT OF OPERATIONAL TESTING 75,133 75,133 175 0605716A ARMY EVALUATION CENTER 71,118 71,118 176 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG 11,204 11,204 177 0605801A PROGRAMWIDE ACTIVITIES 93,895 93,895 178 0605803A TECHNICAL INFORMATION ACTIVITIES 31,327 31,327 179 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY 50,409 50,409 180 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT 1,629 1,629 181 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA 55,843 55,843 182 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE 91,340 91,340 183 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION 6,348 6,348 185 0606942A ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 6,025 6,025 SUBTOTAL MANAGEMENT SUPPORT 1,624,585 1,634,585 OPERATIONAL SYSTEMS DEVELOPMENT 187 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM 14,465 14,465 188 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT 7,472 7,472 189 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS 8,425 8,425 190 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM 1,507 11,507 Program increase [10,000] 191 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM 9,265 19,265 Program increase [10,000] 192 0607139A IMPROVED TURBINE ENGINE PROGRAM 201,247 201,247 193 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT 3,014 3,014 194 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS 25,393 25,393 195 0607145A APACHE FUTURE DEVELOPMENT 10,547 20,547 Apache future development program increase [10,000] 196 0607148A AN/TPQ–53 COUNTERFIRE TARGET ACQUISITION RADAR SYSTEM 54,167 54,167 197 0607150A INTEL CYBER DEVELOPMENT 4,345 4,345 198 0607312A ARMY OPERATIONAL SYSTEMS DEVELOPMENT 19,000 19,000 199 0607313A ELECTRONIC WARFARE DEVELOPMENT 6,389 6,389 200 0607315A ENDURING TURBINE ENGINES AND POWER SYSTEMS 2,411 2,411 201 0607665A FAMILY OF BIOMETRICS 797 797 202 0607865A PATRIOT PRODUCT IMPROVEMENT 177,197 177,197 203 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS) 42,177 42,177 204 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS 146,635 146,635 205 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS 122,902 122,902 207 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 146 146 208 0203758A DIGITIZATION 1,515 1,515 209 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM 4,520 4,520 210 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS 10,044 10,044 211 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV 281 281 212 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) 75,952 75,952 213 0208053A JOINT TACTICAL GROUND SYSTEM 203 203 216 0303028A SECURITY AND INTELLIGENCE ACTIVITIES 301 301 217 0303140A INFORMATION SYSTEMS SECURITY PROGRAM 15,323 15,323 218 0303141A GLOBAL COMBAT SUPPORT SYSTEM 13,082 13,082 219 0303142A SATCOM GROUND ENVIRONMENT (SPACE) 26,838 26,838 222 0305179A INTEGRATED BROADCAST SERVICE (IBS) 9,456 9,456 225 0305219A MQ–1C GRAY EAGLE UAS 6,629 6,629 227 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES 75,317 75,317 9999 9999999999 CLASSIFIED PROGRAMS 8,786 8,786 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 1,105,748 1,135,748 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 228 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT 83,570 83,570 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 83,570 83,570 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 15,775,381 15,919,881 RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY BASIC RESEARCH 1 0601103N UNIVERSITY RESEARCH INITIATIVES 96,355 96,355 2 0601153N DEFENSE RESEARCH SCIENCES 540,908 540,908 SUBTOTAL BASIC RESEARCH 637,263 637,263 APPLIED RESEARCH 3 0602114N POWER PROJECTION APPLIED RESEARCH 23,982 23,982 4 0602123N FORCE PROTECTION APPLIED RESEARCH 142,148 142,148 5 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY 59,208 59,208 6 0602235N COMMON PICTURE APPLIED RESEARCH 52,090 52,090 7 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 74,722 82,722 Research on foreign malign influence operations [8,000] 8 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 92,473 92,473 9 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH 80,806 87,806 Intelligent Autonomous Systems for Seabed Warfare [7,000] 10 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH 7,419 7,419 11 0602747N UNDERSEA WARFARE APPLIED RESEARCH 61,503 61,503 12 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH 182,662 182,662 13 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH 30,435 30,435 14 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH 133,828 133,828 15 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD ACITIVITIES 85,063 85,063 SUBTOTAL APPLIED RESEARCH 1,026,339 1,041,339 ADVANCED TECHNOLOGY DEVELOPMENT 16 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY 29,512 29,512 17 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY 8,418 8,418 18 0603273N SCIENCE & TECHNOLOGY FOR NUCLEAR RE-ENTRY SYSTEMS 112,329 112,329 19 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) 308,217 323,217 Adaptive Future Force [5,000] Hardware In the Loop capabilities [5,000] Next generation unmanned aerial system distribution platform [5,000] 20 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT 15,556 15,556 21 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT 264,700 264,700 22 0603680N MANUFACTURING TECHNOLOGY PROGRAM 61,843 61,843 23 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY 5,100 9,100 Balloon catheter hemorrhage control device [4,000] 24 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS 75,898 75,898 25 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY 2,048 2,048 26 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT 132,931 132,931 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 1,016,552 1,035,552 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 27 0603128N UNMANNED AERIAL SYSTEM 108,225 108,225 28 0603178N LARGE UNMANNED SURFACE VEHICLES (LUSV) 117,400 117,400 29 0603207N AIR/OCEAN TACTICAL APPLICATIONS 40,653 40,653 30 0603216N AVIATION SURVIVABILITY 20,874 20,874 31 0603239N NAVAL CONSTRUCTION FORCES 7,821 7,821 32 0603254N ASW SYSTEMS DEVELOPMENT 17,090 17,090 33 0603261N TACTICAL AIRBORNE RECONNAISSANCE 3,721 3,721 34 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 6,216 6,216 35 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES 34,690 34,690 36 0603506N SURFACE SHIP TORPEDO DEFENSE 730 730 37 0603512N CARRIER SYSTEMS DEVELOPMENT 6,095 6,095 38 0603525N PILOT FISH 916,208 916,208 39 0603527N RETRACT LARCH 7,545 7,545 40 0603536N RETRACT JUNIPER 271,109 271,109 41 0603542N RADIOLOGICAL CONTROL 811 811 42 0603553N SURFACE ASW 1,189 1,189 43 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT 88,415 88,415 44 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 15,119 15,119 45 0603563N SHIP CONCEPT ADVANCED DESIGN 89,939 89,939 46 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES 121,402 121,402 47 0603570N ADVANCED NUCLEAR POWER SYSTEMS 319,656 319,656 48 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 133,911 133,911 49 0603576N CHALK EAGLE 116,078 116,078 50 0603581N LITTORAL COMBAT SHIP (LCS) 32,615 32,615 51 0603582N COMBAT SYSTEM INTEGRATION 18,610 18,610 52 0603595N OHIO REPLACEMENT 257,076 262,076 Advanced composites for wet submarine applications [5,000] 53 0603596N LCS MISSION MODULES 31,464 31,464 54 0603597N AUTOMATED TEST AND RE-TEST (ATRT) 10,809 10,809 55 0603599N FRIGATE DEVELOPMENT 112,972 112,972 56 0603609N CONVENTIONAL MUNITIONS 9,030 9,030 57 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM 128,782 128,782 58 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 44,766 44,766 59 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT 10,751 10,751 60 0603721N ENVIRONMENTAL PROTECTION 24,457 24,457 61 0603724N NAVY ENERGY PROGRAM 72,214 72,214 62 0603725N FACILITIES IMPROVEMENT 10,149 10,149 63 0603734N CHALK CORAL 687,841 687,841 64 0603739N NAVY LOGISTIC PRODUCTIVITY 4,712 4,712 65 0603746N RETRACT MAPLE 420,455 420,455 66 0603748N LINK PLUMERIA 2,100,474 2,100,474 67 0603751N RETRACT ELM 88,036 88,036 68 0603764M LINK EVERGREEN 547,005 547,005 69 0603790N NATO RESEARCH AND DEVELOPMENT 6,265 6,265 70 0603795N LAND ATTACK TECHNOLOGY 1,624 1,624 71 0603851M JOINT NON-LETHAL WEAPONS TESTING 31,058 31,058 72 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL 22,590 22,590 73 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS 52,129 52,129 74 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) 32,127 32,127 75 0604027N DIGITAL WARFARE OFFICE 181,001 181,001 76 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES 110,506 110,506 77 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES 71,156 71,156 78 0604030N RAPID PROTOTYPING, EXPERIMENTATION AND DEMONSTRATION. 214,100 214,100 79 0604031N LARGE UNMANNED UNDERSEA VEHICLES 6,900 6,900 80 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80) 118,182 118,182 82 0604127N SURFACE MINE COUNTERMEASURES 16,127 16,127 83 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) 34,684 34,684 84 0604289M NEXT GENERATION LOGISTICS 5,991 5,991 85 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) 2,100 2,100 86 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE 131,763 131,763 87 0604454N LX (R) 21,319 21,319 88 0604536N ADVANCED UNDERSEA PROTOTYPING 104,328 104,328 89 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS) 11,567 11,567 90 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM 5,976 195,976 Nuclear-armed sea-launched cruise missile [190,000] 91 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT 9,993 9,993 92 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT 237,655 237,655 93 0605512N MEDIUM UNMANNED SURFACE VEHICLES (MUSVS)) 85,800 85,800 94 0605513N UNMANNED SURFACE VEHICLE ENABLING CAPABILITIES 176,261 176,261 95 0605514M GROUND BASED ANTI-SHIP MISSILE 36,383 36,383 96 0605516M LONG RANGE FIRES 36,763 36,763 97 0605518N CONVENTIONAL PROMPT STRIKE (CPS) 901,064 901,064 98 0303354N ASW SYSTEMS DEVELOPMENT—MIP 10,167 10,167 99 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM 539 539 100 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP 1,250 1,250 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 9,734,483 9,929,483 SYSTEM DEVELOPMENT & DEMONSTRATION 101 0603208N TRAINING SYSTEM AIRCRAFT 44,120 44,120 102 0604038N MARITIME TARGETING CELL 30,922 30,922 103 0604212M OTHER HELO DEVELOPMENT 101,209 101,209 104 0604212N OTHER HELO DEVELOPMENT 2,604 2,604 105 0604214M AV–8B AIRCRAFT—ENG DEV 8,263 8,263 106 0604215N STANDARDS DEVELOPMENT 4,039 4,039 107 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT 62,350 62,350 108 0604221N P–3 MODERNIZATION PROGRAM 771 771 109 0604230N WARFARE SUPPORT SYSTEM 109,485 109,485 110 0604231N COMMAND AND CONTROL SYSTEMS 87,457 87,457 111 0604234N ADVANCED HAWKEYE 399,919 399,919 112 0604245M H–1 UPGRADES 29,766 29,766 113 0604261N ACOUSTIC SEARCH SENSORS 51,531 51,531 114 0604262N V–22A 137,597 137,597 115 0604264N AIR CREW SYSTEMS DEVELOPMENT 42,155 42,155 116 0604269N EA–18 172,507 172,507 117 0604270N ELECTRONIC WARFARE DEVELOPMENT 171,384 171,384 118 0604273M EXECUTIVE HELO DEVELOPMENT 35,376 35,376 119 0604274N NEXT GENERATION JAMMER (NGJ) 40,477 40,477 120 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) 451,397 451,397 121 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II 250,577 250,577 122 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING 453,311 453,311 124 0604329N SMALL DIAMETER BOMB (SDB) 52,211 52,211 125 0604366N STANDARD MISSILE IMPROVEMENTS 418,187 418,187 126 0604373N AIRBORNE MCM 11,368 11,368 127 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING 66,445 66,445 128 0604419N ADVANCED SENSORS APPLICATION PROGRAM (ASAP) 0 13,000 Program increase [13,000] 129 0604501N ADVANCED ABOVE WATER SENSORS 115,396 115,396 130 0604503N SSN–688 AND TRIDENT MODERNIZATION 93,435 93,435 131 0604504N AIR CONTROL 42,656 42,656 132 0604512N SHIPBOARD AVIATION SYSTEMS 10,442 10,442 133 0604518N COMBAT INFORMATION CENTER CONVERSION 11,359 11,359 134 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM 90,307 90,307 135 0604530N ADVANCED ARRESTING GEAR (AAG) 10,658 10,658 136 0604558N NEW DESIGN SSN 234,356 234,356 137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM 71,516 71,516 138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E 22,462 22,462 139 0604574N NAVY TACTICAL COMPUTER RESOURCES 4,279 4,279 140 0604601N MINE DEVELOPMENT 104,731 104,731 141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT 229,668 229,668 142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 9,064 9,064 143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS SYSTEMS—ENG DEV 62,329 62,329 144 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS 9,319 9,319 145 0604727N JOINT STANDOFF WEAPON SYSTEMS 1,964 1,964 146 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) 158,426 158,426 147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) 47,492 47,492 148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 125,206 125,206 149 0604761N INTELLIGENCE ENGINEERING 19,969 19,969 150 0604771N MEDICAL DEVELOPMENT 6,061 6,061 151 0604777N NAVIGATION/ID SYSTEM 45,262 45,262 154 0604850N SSN(X) 361,582 361,582 155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 22,663 22,663 156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 282,138 282,138 157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT 8,340 8,340 158 0605180N TACAMO MODERNIZATION 213,743 213,743 159 0605212M CH–53K RDTE 222,288 222,288 160 0605215N MISSION PLANNING 86,448 86,448 161 0605217N COMMON AVIONICS 81,076 81,076 162 0605220N SHIP TO SHORE CONNECTOR (SSC) 1,343 1,343 163 0605327N T-AO 205 CLASS 71 71 164 0605414N UNMANNED CARRIER AVIATION (UCA) 220,404 220,404 165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 384 384 166 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) 36,027 36,027 167 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III 132,449 132,449 168 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION 103,236 103,236 169 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION 2,609 2,609 170 0204202N DDG–1000 231,778 231,778 171 0301377N COUNTERING ADVANCED CONVENTIONAL WEAPONS (CACW) 17,531 17,531 172 0304785N ISR & INFO OPERATIONS 174,271 174,271 173 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT 2,068 2,068 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 6,962,234 6,975,234 MANAGEMENT SUPPORT 174 0604256N THREAT SIMULATOR DEVELOPMENT 22,918 22,918 175 0604258N TARGET SYSTEMS DEVELOPMENT 18,623 18,623 176 0604759N MAJOR T&E INVESTMENT 74,221 74,221 177 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY 3,229 3,229 178 0605154N CENTER FOR NAVAL ANALYSES 45,672 45,672 180 0605804N TECHNICAL INFORMATION SERVICES 1,000 1,000 181 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT 124,328 124,328 182 0605856N STRATEGIC TECHNICAL SUPPORT 4,053 4,053 183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT 203,447 203,447 184 0605864N TEST AND EVALUATION SUPPORT 481,975 484,975 Atlantic Undersea Test and Evaluation Center improvements [3,000] 185 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY 29,399 29,399 186 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 27,504 27,504 187 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 9,183 9,183 188 0605873M MARINE CORPS PROGRAM WIDE SUPPORT 34,976 34,976 189 0605898N MANAGEMENT HQ—R&D 41,331 41,331 190 0606355N WARFARE INNOVATION MANAGEMENT 37,340 37,340 191 0305327N INSIDER THREAT 2,246 2,246 192 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES) 2,168 2,168 SUBTOTAL MANAGEMENT SUPPORT 1,163,613 1,166,613 OPERATIONAL SYSTEMS DEVELOPMENT 196 0604840M F–35 C2D2 544,625 544,625 197 0604840N F–35 C2D2 543,834 543,834 198 0605520M MARINE CORPS AIR DEFENSE WEAPONS SYSTEMS 99,860 99,860 199 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) 153,440 153,440 200 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT 321,648 331,648 Fleet Ballistic Missile Strategic Weapon System [10,000] 201 0101224N SSBN SECURITY TECHNOLOGY PROGRAM 62,694 62,694 202 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 92,869 92,869 203 0101402N NAVY STRATEGIC COMMUNICATIONS 51,919 51,919 204 0204136N F/A–18 SQUADRONS 333,783 333,783 205 0204228N SURFACE SUPPORT 8,619 8,619 206 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) 122,834 122,834 207 0204311N INTEGRATED SURVEILLANCE SYSTEM 76,279 76,279 208 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS 1,103 1,103 209 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) 1,991 1,991 210 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 92,674 92,674 211 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT 115,894 115,894 212 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT 61,677 61,677 213 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 59,555 59,555 214 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION 29,973 29,973 215 0205632N MK–48 ADCAP 213,165 213,165 216 0205633N AVIATION IMPROVEMENTS 143,277 143,277 217 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS 152,546 152,546 218 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS 192,625 192,625 219 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S) 12,565 12,565 220 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS 83,900 83,900 221 0206624M MARINE CORPS COMBAT SERVICES SUPPORT 27,794 27,794 222 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) 47,762 47,762 223 0206629M AMPHIBIOUS ASSAULT VEHICLE 373 373 224 0207161N TACTICAL AIM MISSILES 36,439 36,439 225 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 29,198 29,198 226 0208043N PLANNING AND DECISION AID SYSTEM (PDAS) 3,565 3,565 230 0303138N AFLOAT NETWORKS 49,995 49,995 231 0303140N INFORMATION SYSTEMS SECURITY PROGRAM 33,390 33,390 232 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES 7,304 7,304 233 0305204N TACTICAL UNMANNED AERIAL VEHICLES 11,235 11,235 234 0305205N UAS INTEGRATION AND INTEROPERABILITY 16,409 16,409 235 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 51,192 51,192 236 0305220N MQ–4C TRITON 12,094 12,094 237 0305231N MQ–8 UAV 29,700 29,700 238 0305232M RQ–11 UAV 2,107 2,107 239 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) 2,999 2,999 240 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT 49,460 49,460 241 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) 13,005 13,005 242 0305251N CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 2,000 2,000 243 0305421N RQ–4 MODERNIZATION 300,378 300,378 244 0307577N INTELLIGENCE MISSION DATA (IMD) 788 788 245 0308601N MODELING AND SIMULATION SUPPORT 10,994 10,994 246 0702207N DEPOT MAINTENANCE (NON-IF) 23,248 23,248 247 0708730N MARITIME TECHNOLOGY (MARITECH) 3,284 3,284 9999 9999999999 CLASSIFIED PROGRAMS 2,021,376 2,021,376 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 6,359,438 6,369,438 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 249 0608013N RISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM 11,748 11,748 250 0608231N MARITIME TACTICAL COMMAND AND CONTROL (MTC2)—SOFTWARE PILOT PROGRAM 10,555 10,555 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 22,303 22,303 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 26,922,225 27,177,225 RESEARCH, DEVELOPMENT, TEST & EVAL, AF BASIC RESEARCH 1 0601102F DEFENSE RESEARCH SCIENCES 401,486 401,486 2 0601103F UNIVERSITY RESEARCH INITIATIVES 182,372 182,372 SUBTOTAL BASIC RESEARCH 583,858 583,858 APPLIED RESEARCH 3 0602020F FUTURE AF CAPABILITIES APPLIED RESEARCH 90,713 90,713 4 0602022F UNIVERSITY AFFILIATED RESEARCH CENTER (UARC)—TACTICAL AUTONOMY 8,018 8,018 5 0602102F MATERIALS 142,325 151,325 Advanced materials science for manufacturing research [9,000] 6 0602201F AEROSPACE VEHICLE TECHNOLOGIES 161,268 161,268 7 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH 146,921 146,921 8 0602203F AEROSPACE PROPULSION 184,867 184,867 9 0602204F AEROSPACE SENSORS 216,269 216,269 11 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR HEADQUARTERS ACTIVITIES 10,303 10,303 12 0602602F CONVENTIONAL MUNITIONS 160,599 160,599 13 0602605F DIRECTED ENERGY TECHNOLOGY 129,961 118,452 DAF requested realignment of funds to 6601SF [–11,509] 14 0602788F DOMINANT INFORMATION SCIENCES AND METHODS 182,076 220,076 Distributed quantum information sciences networking testbed [5,000] Future Flag experimentation testbed [15,000] Ion trapped quantum information sciences computer [8,000] Multi-domain radio frequency spectrum testing environment [5,000] Secure interference-avoiding connectivity of autonomous artificially intelligent machines [5,000] SUBTOTAL APPLIED RESEARCH 1,433,320 1,468,811 ADVANCED TECHNOLOGY DEVELOPMENT 15 0603032F FUTURE AF INTEGRATED TECHNOLOGY DEMOS 255,855 213,655 Program reduction [–42,200] 16 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS 30,372 30,372 17 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 10,478 10,478 18 0603203F ADVANCED AEROSPACE SENSORS 48,046 48,046 19 0603211F AEROSPACE TECHNOLOGY DEV/DEMO 51,896 61,896 Semiautonomous adversary air platform [10,000] 20 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY 56,789 56,789 21 0603270F ELECTRONIC COMBAT TECHNOLOGY 32,510 32,510 22 0603273F SCIENCE & TECHNOLOGY FOR NUCLEAR RE-ENTRY SYSTEMS 70,321 70,321 23 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) 2 2 24 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT 15,593 15,593 25 0603601F CONVENTIONAL WEAPONS TECHNOLOGY 132,311 132,311 26 0603605F ADVANCED WEAPONS TECHNOLOGY 102,997 102,997 27 0603680F MANUFACTURING TECHNOLOGY PROGRAM 44,422 49,422 Additive manufacturing for aerospace parts [5,000] 28 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION 37,779 37,779 29 0207412F CONTROL AND REPORTING CENTER (CRC) 2,005 2,005 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 891,376 864,176 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 30 0603036F MODULAR ADVANCED MISSILE 105,238 105,238 31 0603260F INTELLIGENCE ADVANCED DEVELOPMENT 6,237 6,237 32 0603742F COMBAT IDENTIFICATION TECHNOLOGY 21,298 21,298 33 0603790F NATO RESEARCH AND DEVELOPMENT 2,208 2,208 34 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL 45,319 75,319 Enhanced ICBM guidance capability and testing [30,000] 35 0604001F NC3 ADVANCED CONCEPTS 10,011 10,011 37 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM (ABMS) 500,575 500,575 38 0604004F ADVANCED ENGINE DEVELOPMENT 595,352 595,352 39 0604005F NC3 COMMERCIAL DEVELOPMENT & PROTOTYPING 78,799 78,799 40 0604006F DEPT OF THE AIR FORCE TECH ARCHITECTURE 2,620 0 DAF requested realignment of funds to 64858F [–2,620] 41 0604007F E–7 681,039 681,039 42 0604009F AFWERX PRIME 83,336 83,336 43 0604015F LONG RANGE STRIKE—BOMBER 2,984,143 2,984,143 44 0604025F RAPID DEFENSE EXPERIMENTATION RESERVE (RDER) 154,300 154,300 45 0604032F DIRECTED ENERGY PROTOTYPING 1,246 1,246 46 0604033F HYPERSONICS PROTOTYPING 150,340 0 Air-Launched Rapid Response Weapon reduction [–150,340] 47 0604183F HYPERSONICS PROTOTYPING—HYPERSONIC ATTACK CRUISE MISSILE (HACM) 381,528 381,528 48 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 18,041 18,041 49 0604257F ADVANCED TECHNOLOGY AND SENSORS 27,650 27,650 50 0604288F SURVIVABLE AIRBORNE OPERATIONS CENTER (SAOC) 888,829 888,829 51 0604317F TECHNOLOGY TRANSFER 26,638 26,638 52 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM 19,266 19,266 53 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS 37,121 37,121 55 0604668F JOINT TRANSPORTATION MANAGEMENT SYSTEM (JTMS) 37,026 37,026 56 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 31,833 31,833 57 0604858F TECH TRANSITION PROGRAM 210,806 235,476 DAF requested realignment of funds from OMAF SAG 11R [17,550] DAF requested realignment of funds from OMAF SAG 11Z [4,500] DAF requested realignment of funds from RDAF 64006F [2,620] 58 0604860F OPERATIONAL ENERGY AND INSTALLATION RESILIENCE 46,305 46,305 59 0605164F AIR REFUELING CAPABILITY MODERNIZATION 19,400 19,400 61 0207110F NEXT GENERATION AIR DOMINANCE 2,326,128 2,326,128 62 0207179F AUTONOMOUS COLLABORATIVE PLATFORMS 118,826 101,013 DAF requested realignment of funds [–17,813] 63 0207420F COMBAT IDENTIFICATION 1,902 1,902 64 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) 19,763 19,763 65 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) 78,867 78,867 66 0208030F WAR RESERVE MATERIEL—AMMUNITION 8,175 8,175 68 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) 25,157 25,157 69 0305601F MISSION PARTNER ENVIRONMENTS 17,727 17,727 72 0708051F RAPID SUSTAINMENT MODERNIZATION (RSM) 43,431 43,431 73 0808737F INTEGRATED PRIMARY PREVENTION 9,364 9,364 74 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM 28,294 28,294 75 1206415F U.S. SPACE COMMAND RESEARCH AND DEVELOPMENT SUPPORT 14,892 14,892 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 9,859,030 9,742,927 SYSTEM DEVELOPMENT & DEMONSTRATION 76 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS 9,757 9,757 77 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 163,156 163,156 78 0604222F NUCLEAR WEAPONS SUPPORT 45,884 45,884 79 0604270F ELECTRONIC WARFARE DEVELOPMENT 13,804 13,804 80 0604281F TACTICAL DATA NETWORKS ENTERPRISE 74,023 79,023 DAF requested realignment of funds [5,000] 81 0604287F PHYSICAL SECURITY EQUIPMENT 10,605 10,605 82 0604602F ARMAMENT/ORDNANCE DEVELOPMENT 5,918 5,918 83 0604604F SUBMUNITIONS 3,345 3,345 84 0604617F AGILE COMBAT SUPPORT 21,967 21,967 85 0604706F LIFE SUPPORT SYSTEMS 39,301 39,301 86 0604735F COMBAT TRAINING RANGES 152,569 152,569 87 0604932F LONG RANGE STANDOFF WEAPON 911,406 891,406 DAF realignment of funds [–20,000] 88 0604933F ICBM FUZE MODERNIZATION 71,732 71,732 89 0605030F JOINT TACTICAL NETWORK CENTER (JTNC) 2,256 2,256 90 0605031F JOINT TACTICAL NETWORK (JTN) 452 452 91 0605056F OPEN ARCHITECTURE MANAGEMENT 36,582 36,582 92 0605057F NEXT GENERATION AIR-REFUELING SYSTEM 7,928 7,928 93 0605223F ADVANCED PILOT TRAINING 77,252 77,252 94 0605229F HH–60W 48,268 48,268 95 0605238F GROUND BASED STRATEGIC DETERRENT EMD 3,746,935 3,739,285 DAF requested realignment of funds [–7,650] 96 0207171F F–15 EPAWSS 13,982 13,982 97 0207279F ISOLATED PERSONNEL SURVIVABILITY AND RECOVERY 56,225 56,225 98 0207328F STAND IN ATTACK WEAPON 298,585 298,585 99 0207701F FULL COMBAT MISSION TRAINING 7,597 7,597 100 0208036F MEDICAL C-CBRNE PROGRAMS 2,006 2,006 102 0305205F ENDURANCE UNMANNED AERIAL VEHICLES 30,000 30,000 103 0401221F KC–46A TANKER SQUADRONS 124,662 124,662 104 0401319F VC–25B 490,701 470,701 5G interference mitigation for critical aircraft navigation and sensor systems on the Presidential Aircraft Fleet [30,000] Program reduction [–50,000] 105 0701212F AUTOMATED TEST SYSTEMS 12,911 12,911 106 0804772F TRAINING DEVELOPMENTS 1,922 1,922 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 6,481,731 6,439,081 MANAGEMENT SUPPORT 107 0604256F THREAT SIMULATOR DEVELOPMENT 16,626 16,626 108 0604759F MAJOR T&E INVESTMENT 31,143 31,143 109 0605101F RAND PROJECT AIR FORCE 38,398 38,398 110 0605502F SMALL BUSINESS INNOVATION RESEARCH 1,466 1,466 111 0605712F INITIAL OPERATIONAL TEST & EVALUATION 13,736 13,736 112 0605807F TEST AND EVALUATION SUPPORT 913,213 946,026 DAF requested realignment of funds [32,813] 113 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS 317,901 317,901 114 0605828F ACQ WORKFORCE- GLOBAL REACH 541,677 541,677 115 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS 551,213 536,513 DAF requested realignment of funds [–14,700] 117 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION 243,780 273,780 DAF requested realignment of funds [30,000] 118 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY 109,030 77,030 DAF requested realignment of funds [–32,000] 119 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS 336,788 336,788 120 0605898F MANAGEMENT HQ—R&D 5,005 6,705 DAF requested realignment of funds [1,700] 121 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT 87,889 87,889 122 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT 35,065 35,065 123 0606017F REQUIREMENTS ANALYSIS AND MATURATION 89,956 89,956 124 0606398F MANAGEMENT HQ—T&E 7,453 7,453 126 0303255F COMMAND, CONTROL, COMMUNICATION, AND COMPUTERS (C4)—STRATCOM 20,871 40,871 NC3 network sensor demonstration [10,000] NC3 Rapid Engineering Architecture Collaboration Hub (REACH) [10,000] 127 0308602F ENTEPRISE INFORMATION SERVICES (EIS) 100,357 100,357 128 0702806F ACQUISITION AND MANAGEMENT SUPPORT 20,478 20,478 129 0804731F GENERAL SKILL TRAINING 796 6,796 Security Work Readiness for Duty [6,000] 132 1001004F INTERNATIONAL ACTIVITIES 3,917 3,917 SUBTOTAL MANAGEMENT SUPPORT 3,486,758 3,530,571 OPERATIONAL SYSTEMS DEVELOPMENT 134 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 41,464 41,464 135 0604283F BATTLE MGMT COM & CTRL SENSOR DEVELOPMENT 40,000 40,000 136 0604445F WIDE AREA SURVEILLANCE 8,018 8,018 137 0604617F AGILE COMBAT SUPPORT 5,645 5,645 139 0604840F F–35 C2D2 1,275,268 1,270,268 DAF requested realignment of funds [–5,000] 140 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) 40,203 40,203 141 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 49,613 49,613 142 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION 93,881 93,881 143 0605278F HC/MC–130 RECAP RDT&E 36,536 36,536 144 0606018F NC3 INTEGRATION 22,910 22,910 145 0101113F B–52 SQUADRONS 950,815 964,832 DAF requested realignment of funds [14,017] 146 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 290 290 147 0101126F B–1B SQUADRONS 12,619 12,619 148 0101127F B–2 SQUADRONS 87,623 87,623 149 0101213F MINUTEMAN SQUADRONS 33,237 33,237 150 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS 24,653 24,653 151 0101318F SERVICE SUPPORT TO STRATCOM—GLOBAL STRIKE 7,562 7,562 153 0101328F ICBM REENTRY VEHICLES 475,415 475,415 155 0102110F MH–139A 25,737 25,737 156 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM 831 831 157 0102412F NORTH WARNING SYSTEM (NWS) 102 102 158 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 428,754 428,754 159 0202834F VEHICLES AND SUPPORT EQUIPMENT—GENERAL 15,498 19,498 DAF requested realignment of funds [4,000] 160 0205219F MQ–9 UAV 81,123 81,123 161 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE 2,303 2,303 162 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT 7,312 7,312 164 0207133F F–16 SQUADRONS 98,633 98,633 165 0207134F F–15E SQUADRONS 50,965 50,965 166 0207136F MANNED DESTRUCTIVE SUPPRESSION 16,543 16,543 167 0207138F F–22A SQUADRONS 725,889 725,889 168 0207142F F–35 SQUADRONS 97,231 97,231 169 0207146F F–15EX 100,006 100,006 170 0207161F TACTICAL AIM MISSILES 41,958 41,958 171 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 53,679 53,679 172 0207227F COMBAT RESCUE—PARARESCUE 726 726 173 0207238F E–11A 64,888 64,888 174 0207247F AF TENCAP 25,749 25,749 175 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT 11,872 11,872 176 0207253F COMPASS CALL 66,932 66,932 177 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 55,223 55,223 178 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) 132,937 132,937 179 0207327F SMALL DIAMETER BOMB (SDB) 37,518 37,518 180 0207410F AIR & SPACE OPERATIONS CENTER (AOC) 72,059 72,059 181 0207412F CONTROL AND REPORTING CENTER (CRC) 17,498 17,498 183 0207418F AFSPECWAR—TACP 2,106 2,106 185 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 72,010 72,010 186 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I 6,467 6,467 187 0207439F ELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR) 10,388 10,388 188 0207444F TACTICAL AIR CONTROL PARTY-MOD 10,060 10,060 189 0207452F DCAPES 8,233 8,233 190 0207521F AIR FORCE CALIBRATION PROGRAMS 2,172 2,172 192 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS 2,049 2,049 193 0207590F SEEK EAGLE 33,478 33,478 195 0207605F WARGAMING AND SIMULATION CENTERS 11,894 11,894 197 0207697F DISTRIBUTED TRAINING AND EXERCISES 3,811 3,811 198 0208006F MISSION PLANNING SYSTEMS 96,272 96,272 199 0208007F TACTICAL DECEPTION 26,533 26,533 201 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS 50,122 50,122 202 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 113,064 113,064 208 0208288F INTEL DATA APPLICATIONS 967 967 209 0301025F GEOBASE 1,514 1,514 211 0301113F CYBER SECURITY INTELLIGENCE SUPPORT 8,476 8,476 218 0301401F AF MULTI-DOMAIN NON-TRADITIONAL ISR BATTLESPACE AWARENESS 2,890 3,390 Military Cyber Cooperation Activities with the Kingdom of Jordan [500] 219 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) 39,868 39,868 220 0303004F EIT CONNECT 32,900 32,900 221 0303089F CYBERSPACE OPERATIONS SYSTEMS 4,881 4,881 222 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 33,567 33,567 223 0303133F HIGH FREQUENCY RADIO SYSTEMS 40,000 40,000 224 0303140F INFORMATION SYSTEMS SECURITY PROGRAM 95,523 95,523 226 0303248F ALL DOMAIN COMMON PLATFORM 71,296 71,296 227 0303260F JOINT MILITARY DECEPTION INITIATIVE 4,682 4,682 228 0304100F STRATEGIC MISSION PLANNING & EXECUTION SYSTEM (SMPES) 64,944 64,944 230 0304260F AIRBORNE SIGINT ENTERPRISE 108,947 108,947 231 0304310F COMMERCIAL ECONOMIC ANALYSIS 4,635 4,635 234 0305015F C2 AIR OPERATIONS SUITE—C2 INFO SERVICES 13,751 13,751 235 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY 1,660 1,660 236 0305022F ISR MODERNIZATION & AUTOMATION DVMT (IMAD) 18,680 18,680 237 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) 5,031 5,031 238 0305103F CYBER SECURITY INITIATIVE 301 301 239 0305111F WEATHER SERVICE 26,329 35,329 Weather service data migration [9,000] 240 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) 8,751 8,751 241 0305116F AERIAL TARGETS 6,915 6,915 244 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES 352 352 245 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 6,930 6,930 246 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,588 21,588 247 0305202F DRAGON U–2 16,842 16,842 248 0305206F AIRBORNE RECONNAISSANCE SYSTEMS 43,158 43,158 249 0305207F MANNED RECONNAISSANCE SYSTEMS 14,330 14,330 250 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 88,854 88,854 251 0305220F RQ–4 UAV 1,242 1,242 252 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 12,496 12,496 253 0305238F NATO AGS 2 2 254 0305240F SUPPORT TO DCGS ENTERPRISE 31,589 31,589 255 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES 15,322 15,322 256 0305881F RAPID CYBER ACQUISITION 8,830 8,830 257 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) 2,764 2,764 258 0307577F INTELLIGENCE MISSION DATA (IMD) 7,090 7,090 259 0401115F C–130 AIRLIFT SQUADRON 5,427 5,427 260 0401119F C–5 AIRLIFT SQUADRONS (IF) 29,502 29,502 261 0401130F C–17 AIRCRAFT (IF) 2,753 2,753 262 0401132F C–130J PROGRAM 19,100 19,100 263 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) 5,982 5,982 264 0401218F KC–135S 51,105 51,105 265 0401318F CV–22 18,127 18,127 266 0408011F SPECIAL TACTICS / COMBAT CONTROL 9,198 9,198 268 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) 17,520 17,520 269 0801380F AF LVC OPERATIONAL TRAINING (LVC-OT) 25,144 25,144 270 0804743F OTHER FLIGHT TRAINING 2,265 2,265 272 0901202F JOINT PERSONNEL RECOVERY AGENCY 2,266 2,266 273 0901218F CIVILIAN COMPENSATION PROGRAM 4,006 4,006 274 0901220F PERSONNEL ADMINISTRATION 3,078 3,078 275 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY 5,309 5,309 276 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT 4,279 4,279 277 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT SYS (DEAMS) 45,925 45,925 278 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES 9,778 9,778 9999 9999999999 CLASSIFIED PROGRAMS 16,814,245 16,814,245 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 23,829,283 23,851,800 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF 46,565,356 46,481,224 RESEARCH, DEVELOPMENT, TEST & EVAL, SF APPLIED RESEARCH 4 1206601SF SPACE TECHNOLOGY 206,196 350,663 Advanced analog microelectronics [8,600] Advanced isotope power systems [5,000] DAF requested realignment of funds [84,397] Ground-based interferometry [16,000] Lunar surface-based domain awareness [5,000] Solar cruiser [10,000] Space modeling, simulation, and analysis hub [15,470] SUBTOTAL APPLIED RESEARCH 206,196 350,663 ADVANCED TECHNOLOGY DEVELOPMENT 5 1206310SF SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT 472,493 477,493 Human performance optimization [5,000] 6 1206616SF SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO 110,033 158,033 DAF requested realignment of funds [40,000] Modular multi-mode propulsion system [8,000] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 582,526 635,526 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 7 0604002SF SPACE FORCE WEATHER SERVICES RESEARCH 849 849 8 1203010SF SPACE FORCE IT, DATA ANALYTICS, DIGITAL SOLUTIONS 61,723 61,723 9 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) 353,807 353,807 10 1203622SF SPACE WARFIGHTING ANALYSIS 95,541 95,541 11 1203710SF EO/IR WEATHER SYSTEMS 95,615 112,115 Weather satellite risk reduction [16,500] 13 1206410SF SPACE TECHNOLOGY DEVELOPMENT AND PROTOTYPING 2,081,307 2,081,307 16 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) 145,948 105,948 DAF requested realignment of funds to 6616SF [–40,000] 17 1206438SF SPACE CONTROL TECHNOLOGY 58,374 58,374 18 1206458SF TECH TRANSITION (SPACE) 164,649 179,649 Encouraging the establishment of the outernet [15,000] 19 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 59,784 59,784 20 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) 76,554 76,554 21 1206761SF PROTECTED TACTICAL SERVICE (PTS) 360,126 360,126 22 1206855SF EVOLVED STRATEGIC SATCOM (ESS) 632,833 632,833 23 1206857SF SPACE RAPID CAPABILITIES OFFICE 12,036 12,036 24 1206862SF TACTICALLY RESPONSE SPACE 30,000 30,000 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 4,229,146 4,220,646 SYSTEM DEVELOPMENT & DEMONSTRATION 25 1203269SF GPS III FOLLOW-ON (GPS IIIF) 308,999 308,999 27 1206421SF COUNTERSPACE SYSTEMS 36,537 36,537 28 1206422SF WEATHER SYSTEM FOLLOW-ON 79,727 79,727 29 1206425SF SPACE SITUATION AWARENESS SYSTEMS 372,827 372,827 30 1206431SF ADVANCED EHF MILSATCOM (SPACE) 4,068 4,068 31 1206432SF POLAR MILSATCOM (SPACE) 73,757 73,757 32 1206433SF WIDEBAND GLOBAL SATCOM (SPACE) 49,445 49,445 33 1206440SF NEXT-GEN OPIR—GROUND 661,367 661,367 34 1206442SF NEXT GENERATION OPIR 222,178 222,178 35 1206443SF NEXT-GEN OPIR—GEO 719,731 719,731 36 1206444SF NEXT-GEN OPIR—POLAR 1,013,478 1,013,478 37 1206445SF COMMERCIAL SATCOM (COMSATCOM) INTEGRATION 73,501 73,501 38 1206446SF RESILIENT MISSILE WARNING MISSILE TRACKING—LOW EARTH ORBIT (LEO) 1,266,437 1,519,222 DAF requested realignment of funds [252,785] 39 1206447SF RESILIENT MISSILE WARNING MISSILE TRACKING—MEDIUM EARTH ORBIT (MEO) 538,208 790,992 DAF requested realignment of funds [252,784] 40 1206448SF RESILIENT MISSILE WARNING MISSILE TRACKING—INTEGRATED GROUND SEGMENT 505,569 0 DAF requested realignment of funds to 6446SF [–252,785] DAF requested realignment of funds to 6447SF [–252,784] 41 1206853SF NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)—EMD 82,188 82,188 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 6,008,017 6,008,017 MANAGEMENT SUPPORT 43 1203622SF SPACE WARFIGHTING ANALYSIS 3,568 3,568 46 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYSTEMS 258,969 276,500 DAF requested realignment of funds [17,531] 47 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA 13,694 15,053 DAF requested realignment of funds [1,359] 48 1206601SF SPACE TECHNOLOGY 91,778 0 DAF requested realignment of funds [–91,778] 49 1206759SF MAJOR T&E INVESTMENT—SPACE 146,797 146,797 50 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 18,023 18,023 52 1206864SF SPACE TEST PROGRAM (STP) 30,192 30,192 SUBTOTAL MANAGEMENT SUPPORT 563,021 490,133 OPERATIONAL SYSTEMS DEVELOPMENT 55 1203001SF FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) 91,369 91,369 56 1203040SF DCO-SPACE 76,003 76,003 57 1203109SF NARROWBAND SATELLITE COMMUNICATIONS 230,785 230,785 58 1203110SF SATELLITE CONTROL NETWORK (SPACE) 86,465 86,465 59 1203154SF LONG RANGE KILL CHAINS 243,036 243,036 61 1203173SF SPACE AND MISSILE TEST AND EVALUATION CENTER 22,039 22,039 62 1203174SF SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT 41,483 41,483 63 1203182SF SPACELIFT RANGE SYSTEM (SPACE) 11,175 11,175 65 1203330SF SPACE SUPERIORITY ISR 28,730 28,730 67 1203873SF BALLISTIC MISSILE DEFENSE RADARS 20,752 28,752 Perimeter Acquisition Radar Attack Characterization System (PARCS) radar [8,000] 68 1203906SF NCMC—TW/AA SYSTEM 25,545 25,545 69 1203913SF NUDET DETECTION SYSTEM (SPACE) 93,391 93,391 70 1203940SF SPACE SITUATION AWARENESS OPERATIONS 264,966 264,966 71 1206423SF GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT 317,309 317,309 75 1206770SF ENTERPRISE GROUND SERVICES 155,825 155,825 76 1208053SF JOINT TACTICAL GROUND SYSTEM 14,568 14,568 9999 9999999999 CLASSIFIED PROGRAMS 5,764,667 6,225,367 Space Force realignment of funds for classified program [270,000] Space Force Unfunded Priorities List Classified Program B [83,000] Space Force Unfunded Priorities List Classified Program C [53,000] Space Force Unfunded Priorities List Classified Program D [54,700] SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 7,488,108 7,956,808 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 78 1208248SF SPACE COMMAND & CONTROL—SOFTWARE PILOT PROGRAM 122,326 122,326 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 122,326 122,326 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, SF 19,199,340 19,784,119 RESEARCH, DEVELOPMENT, TEST & EVAL, DW BASIC RESEARCH 1 0601000BR DTRA BASIC RESEARCH 14,761 14,761 2 0601101E DEFENSE RESEARCH SCIENCES 311,531 311,531 3 0601108D8Z HIGH ENERGY LASER RESEARCH INITIATIVES 16,329 16,329 4 0601110D8Z BASIC RESEARCH INITIATIVES 71,783 96,783 Defense Established Program to Stimulate Competitive Research (DEPSCoR) [25,000] 5 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE 50,430 50,430 6 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 159,549 169,549 Enhanced civics education program [10,000] 7 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS 100,467 100,467 8 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 36,235 36,235 SUBTOTAL BASIC RESEARCH 761,085 796,085 APPLIED RESEARCH 9 0602000D8Z JOINT MUNITIONS TECHNOLOGY 19,157 19,157 10 0602115E BIOMEDICAL TECHNOLOGY 141,081 141,081 11 0602128D8Z PROMOTION AND PROTECTION STRATEGIES 3,219 3,219 12 0602230D8Z DEFENSE TECHNOLOGY INNOVATION 55,160 55,160 13 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM 46,858 46,858 14 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES 66,866 66,866 15 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY 333,029 333,029 17 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 240,610 240,610 18 0602668D8Z CYBER SECURITY RESEARCH 17,437 20,437 Semiconductor industry cybersecurity research [3,000] 19 0602675D8Z SOCIAL SCIENCES FOR ENVIRONMENTAL SECURITY 4,718 4,718 20 0602702E TACTICAL TECHNOLOGY 234,549 234,549 21 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY 344,986 344,986 22 0602716E ELECTRONICS TECHNOLOGY 572,662 572,662 23 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH 208,870 208,870 24 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH 11,168 11,168 25 0602890D8Z HIGH ENERGY LASER RESEARCH 48,804 48,804 26 0602891D8Z FSRM MODELLING 2,000 2,000 27 1160401BB SOF TECHNOLOGY DEVELOPMENT 52,287 52,287 SUBTOTAL APPLIED RESEARCH 2,403,461 2,406,461 ADVANCED TECHNOLOGY DEVELOPMENT 28 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY 37,706 37,706 29 0603021D8Z NATIONAL SECURITY INNOVATION CAPITAL 15,085 15,085 30 0603121D8Z SO/LIC ADVANCED DEVELOPMENT 30,102 30,102 31 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 75,593 105,593 Loitering munition development [5,000] U.S.-Israel defense collaboration on emerging technologies [25,000] 32 0603133D8Z FOREIGN COMPARATIVE TESTING 27,078 27,078 33 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT 400,947 405,947 Advanced manufacturing of energetic materials [5,000] 34 0603176BR ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 7,990 7,990 35 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 17,825 17,825 36 0603180C ADVANCED RESEARCH 21,461 21,461 37 0603183D8Z JOINT HYPERSONIC TECHNOLOGY DEVELOPMENT &TRANSITION 52,292 52,292 38 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT 19,567 19,567 39 0603260BR INTELLIGENCE ADVANCED DEVELOPMENT 10,000 10,000 40 0603286E ADVANCED AEROSPACE SYSTEMS 331,753 331,753 41 0603287E SPACE PROGRAMS AND TECHNOLOGY 134,809 134,809 42 0603288D8Z ANALYTIC ASSESSMENTS 24,328 24,328 43 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS 55,626 55,626 44 0603330D8Z QUANTUM APPLICATION 75,000 75,000 46 0603342D8Z DEFENSE INNOVATION UNIT (DIU) 104,729 104,729 47 0603375D8Z TECHNOLOGY INNOVATION 123,837 123,837 48 0603379D8Z ADVANCED TECHNICAL INTEGRATION 11,000 11,000 49 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT 267,073 292,073 Generative Unconstrained Intelligent Drug Engineering-Enhanced Biodefense [25,000] 50 0603527D8Z RETRACT LARCH 57,401 57,401 51 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY 19,793 19,793 53 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES 11,197 11,197 54 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM 252,965 264,965 Additive manufacturing at scale [7,000] Digital manufacturing modernization [5,000] 55 0603680S MANUFACTURING TECHNOLOGY PROGRAM 46,404 46,404 56 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS 16,580 16,580 57 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM 60,387 60,387 58 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT 144,707 144,707 59 0603727D8Z JOINT WARFIGHTING PROGRAM 2,749 2,749 60 0603739E ADVANCED ELECTRONICS TECHNOLOGIES 254,033 254,033 61 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS 321,591 321,591 62 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 885,425 885,425 63 0603767E SENSOR TECHNOLOGY 358,580 358,580 65 0603781D8Z SOFTWARE ENGINEERING INSTITUTE 16,699 16,699 66 0603838D8Z DEFENSE INNOVATION ACCELERATION (DIA) 257,110 257,110 67 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM 111,799 111,799 68 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY 345,384 345,384 69 0603945D8Z AUKUS INNOVATION INITIATIVES 25,000 25,000 70 0603950D8Z NATIONAL SECURITY INNOVATION NETWORK 21,575 28,575 National Security Innovation Network [7,000] 71 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT 171,668 181,668 Increase for tristructural-isotrophic fuel [10,000] 72 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT 156,097 156,097 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 5,380,945 5,469,945 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 74 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P 76,764 76,764 75 0603600D8Z WALKOFF 143,486 143,486 76 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM 117,196 123,196 Sustainable Technology Evaluation and Demonstration program increase [6,000] 77 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT 220,311 220,311 78 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT 903,633 903,633 79 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL 316,853 316,853 80 0603884C BALLISTIC MISSILE DEFENSE SENSORS 239,159 239,159 81 0603890C BMD ENABLING PROGRAMS 597,720 597,720 82 0603891C SPECIAL PROGRAMS—MDA 552,888 552,888 83 0603892C AEGIS BMD 693,727 693,727 84 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI 554,201 554,201 85 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT 48,248 48,248 86 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) 50,549 50,549 87 0603906C REGARDING TRENCH 12,564 27,564 Program increase—MDA UFR [15,000] 88 0603907C SEA BASED X-BAND RADAR (SBX) 177,868 177,868 89 0603913C ISRAELI COOPERATIVE PROGRAMS 300,000 325,000 U.S.-Israel cooperation on directed energy capabilities [25,000] 90 0603914C BALLISTIC MISSILE DEFENSE TEST 360,455 360,455 91 0603915C BALLISTIC MISSILE DEFENSE TARGETS 570,258 580,258 Hypersonic Targets and Countermeasures Program [10,000] 92 0603923D8Z COALITION WARFARE 12,103 12,103 93 0604011D8Z NEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY (5G) 179,278 179,278 94 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM 3,185 3,185 95 0604102C GUAM DEFENSE DEVELOPMENT 397,578 397,578 97 0604124D8Z CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO)—MIP 34,350 34,350 98 0604181C HYPERSONIC DEFENSE 208,997 208,997 99 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES 1,085,826 1,085,826 100 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 810,839 810,839 101 0604331D8Z RAPID PROTOTYPING PROGRAM 110,291 110,291 102 0604331J RAPID PROTOTYPING PROGRAM 9,880 9,880 104 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM COMMON DEVELOPMENT 2,643 2,643 105 0604551BR CATAPULT INFORMATION SYSTEM 8,328 8,328 106 0604555D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT—NON S&T 53,726 53,726 108 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA) 3,206 3,206 109 0604790D8Z RAPID DEFENSE EXPERIMENTATION RESERVE (RDER) 79,773 79,773 110 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS 28,517 28,517 111 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) 103,517 103,517 112 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS 2,130,838 2,130,838 113 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST 47,577 47,577 114 0604878C AEGIS BMD TEST 193,484 193,484 115 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST 111,049 111,049 116 0604880C LAND-BASED SM–3 (LBSM3) 22,163 22,163 117 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST 41,824 41,824 118 0202057C SAFETY PROGRAM MANAGEMENT 2,484 2,484 119 0208059JCY CYBERCOM ACTIVITIES 65,484 65,484 120 0208085JCY ROBUST INFRASTRUCTURE AND ACCESS 170,182 170,182 121 0208086JCY CYBER TRAINING ENVIRONMENT (CTE) 114,980 114,980 122 0300206R ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS 2,156 2,156 123 0305103C CYBER SECURITY INITIATIVE 2,760 2,760 124 0305245D8Z INTELLIGENCE CAPABILITIES AND INNOVATION INVESTMENTS 3,000 3,000 125 0305251JCY CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 2,669 2,669 126 0901579D8Z OFFICE OF STRATEGIC CAPITAL (OSC) 99,000 99,000 129 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS 109,483 109,483 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 12,187,050 12,243,050 SYSTEM DEVELOPMENT & DEMONSTRATION 130 0604123D8Z CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO)—DEM/VAL ACTIVITIES 615,246 615,246 131 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD 6,229 6,229 132 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD 382,977 382,977 133 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) 9,775 9,775 134 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT 14,414 14,414 135 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 6,953 6,953 136 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE 9,292 9,292 137 0605022D8Z DEFENSE EXPORTABILITY PROGRAM 18,981 18,981 138 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 5,456 5,456 140 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM 32,629 32,629 141 0605141BR MISSION ASSURANCE RISK MANAGEMENT SYSTEM (MARMS) 9,316 9,316 142 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES 6,899 6,899 143 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 297,586 297,586 145 0605772D8Z NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS 4,110 4,110 146 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) 8,159 8,159 147 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION 14,471 14,471 148 0505167D8Z DOMESTIC PREPAREDNESS AGAINST WEAPONS OF MASS DESTRUCTION 3,770 3,770 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 1,446,263 1,446,263 MANAGEMENT SUPPORT 149 0603829J JOINT CAPABILITY EXPERIMENTATION 12,402 12,402 150 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 12,746 12,746 151 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT 8,426 8,426 152 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) 833,792 833,792 153 0604942D8Z ASSESSMENTS AND EVALUATIONS 5,810 5,810 154 0605001E MISSION SUPPORT 99,090 99,090 155 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 187,421 187,421 156 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) 61,477 61,477 158 0605142D8Z SYSTEMS ENGINEERING 39,949 39,949 159 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD 6,292 6,292 160 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY 21,043 21,043 161 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION 10,504 10,504 162 0605200D8Z GENERAL SUPPORT TO OUSD(INTELLIGENCE AND SECURITY) 2,980 2,980 163 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 74,382 74,382 170 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER 3,831 3,831 171 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE 38,923 38,923 172 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS 60,404 60,404 173 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 65,715 60,715 Information Analysis Centers reduction [–5,000] 174 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION 26,037 26,037 175 0605804D8Z DEVELOPMENT TEST AND EVALUATION 37,353 37,353 176 0605898E MANAGEMENT HQ—R&D 14,833 14,833 177 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 3,752 3,752 178 0606005D8Z SPECIAL ACTIVITIES 18,088 18,088 179 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS 14,427 14,427 180 0606114D8Z ANALYSIS WORKING GROUP (AWG) SUPPORT 4,200 4,200 181 0606135D8Z CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO) ACTIVITIES 17,247 17,247 182 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS 3,386 3,386 183 0606300D8Z DEFENSE SCIENCE BOARD 2,352 2,352 184 0606301D8Z AVIATION SAFETY TECHNOLOGIES 213 213 186 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY POLICY 45,194 45,194 187 0606853BR MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT 11,919 11,919 188 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) 3,112 3,112 189 0204571J JOINT STAFF ANALYTICAL SUPPORT 4,916 4,916 190 0208045K C4I INTEROPERABILITY 66,152 66,152 195 0305172K COMBINED ADVANCED APPLICATIONS 5,366 5,366 197 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 3,069 3,069 199 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA 101,319 101,319 200 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI) 740 740 201 0901598C MANAGEMENT HQ—MDA 28,363 28,363 202 0903235K JOINT SERVICE PROVIDER (JSP) 5,177 5,177 9999 9999999999 CLASSIFIED PROGRAMS 36,315 63,315 All Domain Anomaly Resolution Office [27,000] SUBTOTAL MANAGEMENT SUPPORT 1,998,717 2,020,717 OPERATIONAL SYSTEMS DEVELOPMENT 203 0604130V ENTERPRISE SECURITY SYSTEM (ESS) 42,482 42,482 205 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT 1,017,141 1,045,141 Domestic advanced microelectronics packaging [5,000] Rapid Innovation Program [20,000] Shipbuilding and ship repair workforce development [3,000] 206 0607310D8Z COUNTERPROLIFERATION SPECIAL PROJECTS: OPERATIONAL SYSTEMS DEVELOPMENT 12,713 12,713 207 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS) 8,503 8,503 208 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) 80,495 80,495 209 0208097JCY CYBER COMMAND AND CONTROL (CYBER C2) 95,733 95,733 210 0208099JCY DATA AND UNIFIED PLATFORM (D&UP) 138,558 138,558 214 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION 19,299 19,299 215 0303126K LONG-HAUL COMMUNICATIONS—DCS 37,726 37,726 216 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 5,037 5,037 218 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM 97,171 97,171 220 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 8,351 8,351 222 0303153K DEFENSE SPECTRUM ORGANIZATION 35,995 35,995 223 0303171K JOINT PLANNING AND EXECUTION SERVICES 5,677 5,677 224 0303228K JOINT REGIONAL SECURITY STACKS (JRSS) 3,196 3,196 228 0305104D8Z DEFENSE INDUSTRIAL BASE (DIB) CYBER SECURITY INITIATIVE 25,655 25,655 232 0305133V INDUSTRIAL SECURITY ACTIVITIES 2,134 2,134 235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 2,295 2,295 236 0305172D8Z COMBINED ADVANCED APPLICATIONS 52,736 52,736 239 0305186D8Z POLICY R&D PROGRAMS 6,263 6,263 240 0305199D8Z NET CENTRICITY 23,275 23,275 242 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 6,214 6,214 249 0305327V INSIDER THREAT 2,971 2,971 250 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM 1,879 1,879 257 0306250JCY CYBER OPERATIONS TECHNOLOGY SUPPORT 469,385 480,385 Locked Shield Exercise [4,000] Modernization of Department of Defense Internet Gateway Cyber Defense [7,000] 261 0505167D8Z DOMESTIC PREPAREDNESS AGAINST WEAPONS OF MASS DESTRUCTION 1,760 1,760 262 0708012K LOGISTICS SUPPORT ACTIVITIES 1,420 1,420 263 0708012S PACIFIC DISASTER CENTERS 1,905 1,905 264 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM 3,249 3,249 265 1105219BB MQ–9 UAV 37,188 37,188 267 1160403BB AVIATION SYSTEMS 216,174 216,174 268 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT 86,737 86,737 269 1160408BB OPERATIONAL ENHANCEMENTS 216,135 216,135 270 1160431BB WARRIOR SYSTEMS 263,374 280,514 Counter Uncrewed Aerial Systems (CUAS) Group 3 Defeat Acceleration [11,250] Next-Generation Blue Force Tracker [5,890] 271 1160432BB SPECIAL PROGRAMS 529 529 272 1160434BB UNMANNED ISR 6,727 6,727 273 1160480BB SOF TACTICAL VEHICLES 9,335 9,335 274 1160483BB MARITIME SYSTEMS 158,231 158,231 275 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE 15,749 15,749 9999 9999999999 CLASSIFIED PROGRAMS 8,463,742 8,463,742 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 11,683,139 11,739,279 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 278 0608648D8Z ACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM 21,355 21,355 279 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 33,166 33,166 9999 9999999999 CLASSIFIED PROGRAMS 270,653 270,653 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 325,174 325,174 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW 36,185,834 36,446,974 OPERATIONAL TEST & EVAL, DEFENSE MANAGEMENT SUPPORT 1 0605118OTE OPERATIONAL TEST AND EVALUATION 169,544 169,544 2 0605131OTE LIVE FIRE TEST AND EVALUATION 103,252 103,252 3 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES 58,693 58,693 SUBTOTAL MANAGEMENT SUPPORT 331,489 331,489 TOTAL OPERATIONAL TEST & EVAL, DEFENSE 331,489 331,489 TOTAL RDT&E 144,979,625 146,140,912", "id": "idcc166ec9", "header": "RESEARCH, DEVELOPMENT, TEST, AND EVALUATION", "nested": [], "links": [] }, { "text": "4301. OPERATION AND MAINTENANCE \nSEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) Line Item FY 2024 Request Senate Authorized OPERATION & MAINTENANCE, ARMY OPERATING FORCES 010 MANEUVER UNITS 3,943,409 3,943,409 020 MODULAR SUPPORT BRIGADES 225,238 225,238 030 ECHELONS ABOVE BRIGADE 947,395 947,395 040 THEATER LEVEL ASSETS 2,449,141 2,449,141 050 LAND FORCES OPERATIONS SUPPORT 1,233,070 1,233,070 060 AVIATION ASSETS 2,046,144 2,046,144 070 FORCE READINESS OPERATIONS SUPPORT 7,149,427 7,149,427 080 LAND FORCES SYSTEMS READINESS 475,435 475,435 090 LAND FORCES DEPOT MAINTENANCE 1,423,560 1,423,560 100 MEDICAL READINESS 951,499 951,499 110 BASE OPERATIONS SUPPORT 9,943,031 9,943,031 120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 5,381,757 5,381,757 130 MANAGEMENT AND OPERATIONAL HEADQUARTERS 313,612 313,612 140 ADDITIONAL ACTIVITIES 454,565 454,565 150 RESET 447,987 447,987 160 US AFRICA COMMAND 414,680 414,680 170 US EUROPEAN COMMAND 408,529 408,529 180 US SOUTHERN COMMAND 285,692 285,692 190 US FORCES KOREA 88,463 88,463 200 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 507,845 507,845 210 CYBERSPACE ACTIVITIES—CYBERSECURITY 704,667 704,667 SUBTOTAL OPERATING FORCES 39,795,146 39,795,146 MOBILIZATION 230 STRATEGIC MOBILITY 470,143 470,143 240 ARMY PREPOSITIONED STOCKS 433,909 433,909 250 INDUSTRIAL PREPAREDNESS 4,244 4,244 SUBTOTAL MOBILIZATION 908,296 908,296 TRAINING AND RECRUITING 260 OFFICER ACQUISITION 178,428 178,428 270 RECRUIT TRAINING 78,235 78,235 280 ONE STATION UNIT TRAINING 114,777 114,777 290 SENIOR RESERVE OFFICERS TRAINING CORPS 551,462 551,462 300 SPECIALIZED SKILL TRAINING 1,147,431 1,147,431 310 FLIGHT TRAINING 1,398,415 1,398,415 320 PROFESSIONAL DEVELOPMENT EDUCATION 200,779 200,779 330 TRAINING SUPPORT 682,896 682,896 340 RECRUITING AND ADVERTISING 690,280 833,336 Army Enlisted Training Corps [5,000] Recruiting and advertising increase [138,056] 350 EXAMINING 195,009 195,009 360 OFF-DUTY AND VOLUNTARY EDUCATION 260,235 260,235 370 CIVILIAN EDUCATION AND TRAINING 250,252 250,252 380 JUNIOR RESERVE OFFICER TRAINING CORPS 204,895 204,895 SUBTOTAL TRAINING AND RECRUITING 5,953,094 6,096,150 ADMIN & SRVWIDE ACTIVITIES 400 SERVICEWIDE TRANSPORTATION 718,323 718,323 410 CENTRAL SUPPLY ACTIVITIES 900,624 900,624 420 LOGISTIC SUPPORT ACTIVITIES 828,059 828,059 430 AMMUNITION MANAGEMENT 464,029 464,029 440 ADMINISTRATION 537,837 537,837 450 SERVICEWIDE COMMUNICATIONS 1,962,059 1,962,059 460 MANPOWER MANAGEMENT 361,553 361,553 470 OTHER PERSONNEL SUPPORT 829,248 829,248 480 OTHER SERVICE SUPPORT 2,370,107 2,370,107 490 ARMY CLAIMS ACTIVITIES 203,323 203,323 500 REAL ESTATE MANAGEMENT 286,682 286,682 510 FINANCIAL MANAGEMENT AND AUDIT READINESS 455,928 455,928 520 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT 39,867 39,867 530 INTERNATIONAL MILITARY HEADQUARTERS 610,201 610,201 540 MISC. SUPPORT OF OTHER NATIONS 38,948 38,948 999 CLASSIFIED PROGRAMS 2,291,229 2,291,229 SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 12,898,017 12,898,017 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –337,600 Foreign currency fluctuations [–208,000] Unobligated balances [–129,600] SUBTOTAL UNDISTRIBUTED 0 –337,600 TOTAL OPERATION & MAINTENANCE, ARMY 59,554,553 59,360,009 OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 010 MODULAR SUPPORT BRIGADES 15,208 15,208 020 ECHELONS ABOVE BRIGADE 720,802 720,802 030 THEATER LEVEL ASSETS 143,400 143,400 040 LAND FORCES OPERATIONS SUPPORT 707,654 707,654 050 AVIATION ASSETS 134,346 134,346 060 FORCE READINESS OPERATIONS SUPPORT 451,178 451,178 070 LAND FORCES SYSTEMS READINESS 97,564 97,564 080 LAND FORCES DEPOT MAINTENANCE 45,711 45,711 090 BASE OPERATIONS SUPPORT 608,079 608,079 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 495,435 495,435 110 MANAGEMENT AND OPERATIONAL HEADQUARTERS 28,783 28,783 120 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 3,153 3,153 130 CYBERSPACE ACTIVITIES—CYBERSECURITY 19,591 19,591 SUBTOTAL OPERATING FORCES 3,470,904 3,470,904 ADMIN & SRVWD ACTIVITIES 140 SERVICEWIDE TRANSPORTATION 19,155 19,155 150 ADMINISTRATION 21,668 21,668 160 SERVICEWIDE COMMUNICATIONS 44,118 44,118 170 MANPOWER MANAGEMENT 7,127 7,127 180 RECRUITING AND ADVERTISING 67,976 74,651 Recruiting and advertising increase [6,675] SUBTOTAL ADMIN & SRVWD ACTIVITIES 160,044 166,719 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –14,300 Foreign currency fluctuations [–10,900] Unobligated balances [–3,400] SUBTOTAL UNDISTRIBUTED 0 –14,300 TOTAL OPERATION & MAINTENANCE, ARMY RES 3,630,948 3,623,323 OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS 925,071 925,071 020 MODULAR SUPPORT BRIGADES 201,781 201,781 030 ECHELONS ABOVE BRIGADE 840,373 840,373 040 THEATER LEVEL ASSETS 107,392 107,392 050 LAND FORCES OPERATIONS SUPPORT 62,908 62,908 060 AVIATION ASSETS 1,113,908 1,113,908 070 FORCE READINESS OPERATIONS SUPPORT 832,946 832,946 080 LAND FORCES SYSTEMS READINESS 50,696 50,696 090 LAND FORCES DEPOT MAINTENANCE 231,784 231,784 100 BASE OPERATIONS SUPPORT 1,249,066 1,249,066 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 1,081,561 1,081,561 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS 1,468,857 1,468,857 130 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 9,566 9,566 140 CYBERSPACE ACTIVITIES—CYBERSECURITY 15,710 15,710 SUBTOTAL OPERATING FORCES 8,191,619 8,191,619 ADMIN & SRVWD ACTIVITIES 150 SERVICEWIDE TRANSPORTATION 7,251 7,251 160 ADMINISTRATION 66,025 66,025 170 SERVICEWIDE COMMUNICATIONS 113,366 113,366 180 MANPOWER MANAGEMENT 8,663 8,663 190 OTHER PERSONNEL SUPPORT 292,426 343,146 Recruiting and advertising increase [50,720] 200 REAL ESTATE MANAGEMENT 3,754 3,754 SUBTOTAL ADMIN & SRVWD ACTIVITIES 491,485 542,205 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –52,400 Foreign currency fluctuations [–29,000] Unobligated balances [–23,400] SUBTOTAL UNDISTRIBUTED 0 –52,400 TOTAL OPERATION & MAINTENANCE, ARNG 8,683,104 8,681,424 COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 010 IRAQ 241,950 241,950 020 SYRIA 156,000 156,000 SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 397,950 397,950 TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 397,950 397,950 OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 7,882,504 7,882,504 020 FLEET AIR TRAINING 2,773,957 2,773,957 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 73,047 73,047 040 AIR OPERATIONS AND SAFETY SUPPORT 213,862 213,862 050 AIR SYSTEMS SUPPORT 1,155,463 1,158,463 Advanced nucleated foam engine performance and restoration program [3,000] 060 AIRCRAFT DEPOT MAINTENANCE 1,857,021 1,857,021 070 AIRCRAFT DEPOT OPERATIONS SUPPORT 66,822 66,822 080 AVIATION LOGISTICS 1,871,670 1,871,670 090 MISSION AND OTHER SHIP OPERATIONS 7,015,796 7,015,796 100 SHIP OPERATIONS SUPPORT & TRAINING 1,301,108 1,301,108 110 SHIP DEPOT MAINTENANCE 11,164,249 11,164,249 120 SHIP DEPOT OPERATIONS SUPPORT 2,728,712 2,728,712 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE 1,776,881 1,776,881 140 SPACE SYSTEMS AND SURVEILLANCE 389,915 389,915 150 WARFARE TACTICS 1,005,998 1,005,998 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 455,330 455,330 170 COMBAT SUPPORT FORCES 2,350,089 2,356,089 Naval Small Craft Instruction and Technical Training School [6,000] 180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT 189,044 189,044 200 COMBATANT COMMANDERS CORE OPERATIONS 92,504 92,504 210 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 352,980 352,980 230 CYBERSPACE ACTIVITIES 522,180 522,180 240 FLEET BALLISTIC MISSILE 1,763,238 1,763,238 250 WEAPONS MAINTENANCE 1,640,642 1,640,642 260 OTHER WEAPON SYSTEMS SUPPORT 696,653 696,653 270 ENTERPRISE INFORMATION 1,780,645 1,780,645 280 SUSTAINMENT, RESTORATION AND MODERNIZATION 4,406,192 4,406,192 290 BASE OPERATING SUPPORT 6,223,827 6,271,827 Navy divestment of electrical utility operations at former Naval Air Station Barbers Point [48,000] SUBTOTAL OPERATING FORCES 61,750,329 61,807,329 MOBILIZATION 300 SHIP PREPOSITIONING AND SURGE 475,255 475,255 310 READY RESERVE FORCE 701,060 701,060 320 SHIP ACTIVATIONS/INACTIVATIONS 302,930 302,930 330 EXPEDITIONARY HEALTH SERVICES SYSTEMS 151,966 151,966 340 COAST GUARD SUPPORT 21,464 21,464 SUBTOTAL MOBILIZATION 1,652,675 1,652,675 TRAINING AND RECRUITING 350 OFFICER ACQUISITION 201,555 201,555 360 RECRUIT TRAINING 16,521 16,521 370 RESERVE OFFICERS TRAINING CORPS 175,171 175,171 380 SPECIALIZED SKILL TRAINING 1,238,894 1,238,894 390 PROFESSIONAL DEVELOPMENT EDUCATION 335,603 335,603 400 TRAINING SUPPORT 390,931 390,931 410 RECRUITING AND ADVERTISING 269,483 355,328 Navy Enlisted Training Corps [5,000] Recruiting and advertising increase [80,845] 420 OFF-DUTY AND VOLUNTARY EDUCATION 90,452 90,452 430 CIVILIAN EDUCATION AND TRAINING 73,406 73,406 440 JUNIOR ROTC 58,970 58,970 SUBTOTAL TRAINING AND RECRUITING 2,850,986 2,936,831 ADMIN & SRVWD ACTIVITIES 450 ADMINISTRATION 1,350,449 1,350,449 460 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 242,760 242,760 470 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 745,666 745,666 490 MEDICAL ACTIVITIES 323,978 323,978 500 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT 67,357 67,357 510 SERVICEWIDE TRANSPORTATION 248,822 248,822 530 PLANNING, ENGINEERING, AND PROGRAM SUPPORT 616,816 616,816 540 ACQUISITION, LOGISTICS, AND OVERSIGHT 850,906 850,906 550 INVESTIGATIVE AND SECURITY SERVICES 888,508 888,508 999 CLASSIFIED PROGRAMS 655,281 655,281 SUBTOTAL ADMIN & SRVWD ACTIVITIES 5,990,543 5,990,543 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –498,400 Foreign currency fluctuations [–236,300] Unobligated balances [–262,100] SUBTOTAL UNDISTRIBUTED 0 –498,400 TOTAL OPERATION & MAINTENANCE, NAVY 72,244,533 71,888,978 OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES 1,799,964 1,799,964 020 FIELD LOGISTICS 1,878,228 1,878,228 030 DEPOT MAINTENANCE 211,460 211,460 040 MARITIME PREPOSITIONING 137,831 137,831 060 CYBERSPACE ACTIVITIES 205,449 205,449 070 SUSTAINMENT, RESTORATION & MODERNIZATION 1,211,183 1,211,183 080 BASE OPERATING SUPPORT 3,124,551 3,124,551 SUBTOTAL OPERATING FORCES 8,568,666 8,568,666 TRAINING AND RECRUITING 090 RECRUIT TRAINING 26,284 26,284 100 OFFICER ACQUISITION 1,316 1,316 110 SPECIALIZED SKILL TRAINING 133,176 133,176 120 PROFESSIONAL DEVELOPMENT EDUCATION 66,213 66,213 130 TRAINING SUPPORT 570,152 570,152 140 RECRUITING AND ADVERTISING 246,586 300,903 Marine Corps Enlisted Training Corps [5,000] Recruiting and advertising increase [49,317] 150 OFF-DUTY AND VOLUNTARY EDUCATION 55,230 55,230 160 JUNIOR ROTC 29,616 29,616 SUBTOTAL TRAINING AND RECRUITING 1,128,573 1,182,890 ADMIN & SRVWD ACTIVITIES 180 SERVICEWIDE TRANSPORTATION 90,366 90,366 190 ADMINISTRATION 428,650 428,650 999 CLASSIFIED PROGRAMS 65,658 65,658 SUBTOTAL ADMIN & SRVWD ACTIVITIES 584,674 584,674 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –108,900 Foreign currency fluctuations [–33,800] Unobligated balances [–75,100] SUBTOTAL UNDISTRIBUTED 0 –108,900 TOTAL OPERATION & MAINTENANCE, MARINE CORPS 10,281,913 10,227,330 OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 731,113 731,113 020 INTERMEDIATE MAINTENANCE 10,122 10,122 030 AIRCRAFT DEPOT MAINTENANCE 167,811 167,811 040 AIRCRAFT DEPOT OPERATIONS SUPPORT 103 103 050 AVIATION LOGISTICS 29,185 29,185 060 COMBAT COMMUNICATIONS 20,806 20,806 070 COMBAT SUPPORT FORCES 186,590 186,590 080 CYBERSPACE ACTIVITIES 296 296 090 ENTERPRISE INFORMATION 32,467 32,467 100 SUSTAINMENT, RESTORATION AND MODERNIZATION 63,726 63,726 110 BASE OPERATING SUPPORT 121,064 121,064 SUBTOTAL OPERATING FORCES 1,363,283 1,363,283 ADMIN & SRVWD ACTIVITIES 120 ADMINISTRATION 2,025 2,025 130 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 13,401 13,401 140 ACQUISITION AND PROGRAM MANAGEMENT 2,101 2,101 SUBTOTAL ADMIN & SRVWD ACTIVITIES 17,527 17,527 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –8,100 Foreign currency fluctuations [–3,900] Unobligated balances [–4,200] SUBTOTAL UNDISTRIBUTED 0 –8,100 TOTAL OPERATION & MAINTENANCE, NAVY RES 1,380,810 1,372,710 OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 010 OPERATING FORCES 128,468 128,468 020 DEPOT MAINTENANCE 20,967 20,967 030 SUSTAINMENT, RESTORATION AND MODERNIZATION 46,589 46,589 040 BASE OPERATING SUPPORT 120,808 120,808 SUBTOTAL OPERATING FORCES 316,832 316,832 ADMIN & SRVWD ACTIVITIES 050 ADMINISTRATION 12,563 12,563 SUBTOTAL ADMIN & SRVWD ACTIVITIES 12,563 12,563 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –4,900 Foreign currency fluctuations [–3,900] Unobligated balances [–1,000] SUBTOTAL UNDISTRIBUTED 0 –4,900 TOTAL OPERATION & MAINTENANCE, MC RESERVE 329,395 324,495 OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES 980,768 966,068 DAF requested realignment of funds [–14,700] 020 COMBAT ENHANCEMENT FORCES 2,665,924 2,665,924 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 1,630,552 1,630,552 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 4,632,693 4,632,693 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 4,252,815 4,194,663 DAF requested realignment of funds [–58,152] 060 CYBERSPACE SUSTAINMENT 229,440 229,440 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 9,537,192 9,537,192 080 FLYING HOUR PROGRAM 6,697,549 6,697,549 090 BASE SUPPORT 11,633,510 11,425,018 DAF requested realignment of funds [–223,192] DAF requested realignment of funds from SAG 11A [14,700] 100 GLOBAL C3I AND EARLY WARNING 1,350,827 1,319,876 DAF requested realignment of funds [–30,951] 110 OTHER COMBAT OPS SPT PROGRAMS 1,817,941 1,817,941 120 CYBERSPACE ACTIVITIES 807,966 807,966 130 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES 267,615 267,615 160 US NORTHCOM/NORAD 245,263 245,263 170 US STRATCOM 541,720 541,720 190 US CENTCOM 335,220 329,220 Office of Security Cooperation-Iraq reduction [–6,000] 200 US SOCOM 27,511 27,511 210 US TRANSCOM 607 607 220 CENTCOM CYBERSPACE SUSTAINMENT 1,415 1,415 230 USSPACECOM 373,989 373,989 240 MEDICAL READINESS 564,880 562,596 DAF requested realignment of funds [–2,284] 999 CLASSIFIED PROGRAMS 1,465,926 1,465,926 SUBTOTAL OPERATING FORCES 51,527,249 51,206,670 MOBILIZATION 260 AIRLIFT OPERATIONS 3,012,287 3,012,287 270 MOBILIZATION PREPAREDNESS 241,918 241,918 SUBTOTAL MOBILIZATION 3,254,205 3,254,205 TRAINING AND RECRUITING 280 OFFICER ACQUISITION 202,769 202,769 290 RECRUIT TRAINING 28,892 28,892 300 RESERVE OFFICERS TRAINING CORPS (ROTC) 137,647 137,647 310 SPECIALIZED SKILL TRAINING 588,131 588,131 320 FLIGHT TRAINING 875,230 875,230 330 PROFESSIONAL DEVELOPMENT EDUCATION 301,262 301,262 340 TRAINING SUPPORT 194,609 194,609 350 RECRUITING AND ADVERTISING 204,318 250,182 Air Force Enlisted Training Corps [5,000] Recruiting and advertising increase [40,864] 360 EXAMINING 7,775 7,775 370 OFF-DUTY AND VOLUNTARY EDUCATION 263,421 263,421 380 CIVILIAN EDUCATION AND TRAINING 343,039 343,039 390 JUNIOR ROTC 75,666 75,666 SUBTOTAL TRAINING AND RECRUITING 3,222,759 3,268,623 ADMIN & SRVWD ACTIVITIES 400 LOGISTICS OPERATIONS 1,062,199 1,062,199 410 TECHNICAL SUPPORT ACTIVITIES 162,919 162,919 420 ADMINISTRATION 1,409,015 1,409,015 430 SERVICEWIDE COMMUNICATIONS 30,268 30,268 440 OTHER SERVICEWIDE ACTIVITIES 1,851,856 1,856,376 DAF requested realignment of funds [4,520] 450 CIVIL AIR PATROL 30,901 30,901 460 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT 42,759 42,759 480 INTERNATIONAL SUPPORT 115,267 115,267 999 CLASSIFIED PROGRAMS 1,506,624 1,506,624 SUBTOTAL ADMIN & SRVWD ACTIVITIES 7,718,432 7,722,952 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –442,200 Foreign currency fluctuations [–208,500] Unobligated balances [–233,700] SUBTOTAL UNDISTRIBUTED 0 –442,200 TOTAL OPERATION & MAINTENANCE, AIR FORCE 65,722,645 65,010,250 OPERATION & MAINTENANCE, SPACE FORCE OPERATING FORCES 010 GLOBAL C3I & EARLY WARNING 642,201 642,201 020 SPACE LAUNCH OPERATIONS 356,162 356,162 030 SPACE OPERATIONS 866,547 866,547 040 EDUCATION & TRAINING 199,181 217,353 DAF requested realignment of funds [18,172] 050 SPECIAL PROGRAMS 383,233 383,233 060 DEPOT MAINTENANCE 67,757 67,757 070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 678,648 678,648 080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT 1,380,350 1,380,350 090 SPACE OPERATIONS -BOS 188,760 188,760 999 CLASSIFIED PROGRAMS 71,475 71,475 SUBTOTAL OPERATING FORCES 4,834,314 4,852,486 ADMINISTRATION AND SERVICE WIDE ACTIVITIES 100 LOGISTICS OPERATIONS 34,046 34,046 110 ADMINISTRATION 149,108 130,936 DAF requested realignment of funds [–18,172] SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES 183,154 164,982 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –87,100 Foreign currency fluctuations [–14,100] Unobligated balances [–73,000] SUBTOTAL UNDISTRIBUTED 0 –87,100 TOTAL OPERATION & MAINTENANCE, SPACE FORCE 5,017,468 4,930,368 OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 010 PRIMARY COMBAT FORCES 2,088,949 2,116,429 Military technician (dual status) end strength [27,480] 020 MISSION SUPPORT OPERATIONS 198,213 198,213 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 647,758 647,758 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 122,314 122,314 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 374,442 374,442 060 BASE SUPPORT 543,962 543,962 070 CYBERSPACE ACTIVITIES 1,742 1,742 SUBTOTAL OPERATING FORCES 3,977,380 4,004,860 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 080 ADMINISTRATION 107,281 107,281 090 RECRUITING AND ADVERTISING 9,373 11,248 Recruiting and advertising increase [1,875] 100 MILITARY MANPOWER AND PERS MGMT (ARPC) 15,563 15,563 110 OTHER PERS SUPPORT (DISABILITY COMP) 6,174 6,174 120 AUDIOVISUAL 485 485 SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES 138,876 140,751 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –46,700 Foreign currency fluctuations [–12,500] Unobligated balances [–34,200] SUBTOTAL UNDISTRIBUTED 0 –46,700 TOTAL OPERATION & MAINTENANCE, AF RESERVE 4,116,256 4,098,911 OPERATION & MAINTENANCE, ANG OPERATING FORCES 010 AIRCRAFT OPERATIONS 2,498,675 2,498,675 020 MISSION SUPPORT OPERATIONS 656,714 796,394 Military technician (dual status) end strength [139,680] 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 1,171,901 1,171,901 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 370,188 370,188 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 1,280,003 1,280,003 060 BASE SUPPORT 1,089,579 1,089,579 070 CYBERSPACE SUSTAINMENT 19,708 19,708 080 CYBERSPACE ACTIVITIES 49,476 49,476 SUBTOTAL OPERATING FORCES 7,136,244 7,275,924 ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 090 ADMINISTRATION 68,417 68,417 100 RECRUITING AND ADVERTISING 49,033 72,433 Recruiting and advertising increase [23,400] SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 117,450 140,850 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –46,200 Foreign currency fluctuations [–24,300] Unobligated balances [–21,900] SUBTOTAL UNDISTRIBUTED 0 –46,200 TOTAL OPERATION & MAINTENANCE, ANG 7,253,694 7,370,574 OPERATION AND MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF 461,370 457,770 Unobligated balances [–3,600] 020 JOINT CHIEFS OF STAFF—JTEEP 701,081 701,081 030 JOINT CHIEFS OF STAFF—CYBER 8,210 8,210 040 OFFICE OF THE SECRETARY OF DEFENSE—MISO 252,480 252,480 060 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES 2,012,953 2,012,953 070 SPECIAL OPERATIONS COMMAND MAINTENANCE 1,210,930 1,206,930 MQ–9 Unmanned Aerial Vehicle unjustified increase [–4,000] 080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS 202,574 202,574 090 SPECIAL OPERATIONS COMMAND THEATER FORCES 3,346,004 3,351,004 Special Operations Forces cyber training [5,000] 100 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES 49,757 49,757 110 SPECIAL OPERATIONS COMMAND INTELLIGENCE 1,391,402 1,391,402 120 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT 1,438,967 1,438,967 130 CYBERSPACE OPERATIONS 1,318,614 1,328,614 Modernization of Department of Defense Internet Gateway Cyber Defense [10,000] 140 USCYBERCOM HEADQUARTERS 332,690 332,690 SUBTOTAL OPERATING FORCES 12,727,032 12,734,432 TRAINING AND RECRUITING 150 DEFENSE ACQUISITION UNIVERSITY 183,342 183,342 160 JOINT CHIEFS OF STAFF 118,172 118,172 170 SPECIAL OPERATIONS COMMAND/PROFESSIONAL DEVELOPMENT EDUCATION 33,855 33,855 SUBTOTAL TRAINING AND RECRUITING 335,369 335,369 ADMIN & SRVWIDE ACTIVITIES 180 CIVIL MILITARY PROGRAMS 142,240 139,740 Unobligated balances [–2,500] 190 DEFENSE CONTRACT AUDIT AGENCY—CYBER 4,870 4,870 200 DEFENSE CONTRACT AUDIT AGENCY 667,943 665,243 Unobligated balances [–2,700] 210 DEFENSE CONTRACT MANAGEMENT AGENCY 1,567,119 1,551,619 Unobligated balances [–15,500] 220 DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER 30,279 20,279 Cybersecurity Maturity Model Certification program reduction [–10,000] 230 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY 1,062,123 1,062,123 250 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER 9,835 9,835 260 DEFENSE HUMAN RESOURCES ACTIVITY—CYBER 27,517 27,517 270 DEFENSE HUMAN RESOURCES ACTIVITY 1,033,789 1,033,789 300 DEFENSE INFORMATION SYSTEMS AGENCY 2,567,698 2,557,798 Unobligated balances [–9,900] 310 DEFENSE INFORMATION SYSTEMS AGENCY—CYBER 526,893 526,893 320 DEFENSE LEGAL SERVICES AGENCY 241,779 219,379 Unobligated balances [–22,400] 330 DEFENSE LOGISTICS AGENCY 446,731 446,731 340 DEFENSE MEDIA ACTIVITY 246,840 246,840 360 DEFENSE POW/MIA OFFICE 195,959 195,959 370 DEFENSE SECURITY COOPERATION AGENCY 2,379,100 2,389,100 Irregular Warfare Functional Center [10,000] 380 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION 41,722 41,722 390 DEFENSE THREAT REDUCTION AGENCY 984,272 984,272 410 DEFENSE THREAT REDUCTION AGENCY—CYBER 70,548 70,548 420 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 3,451,625 3,531,625 Impact Aid [50,000] Impact Aid for children with severe disabilities [30,000] 430 MISSILE DEFENSE AGENCY 564,078 564,078 440 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION 118,216 138,216 Defense Manufacturing Community Support Program [20,000] 480 OFFICE OF THE SECRETARY OF DEFENSE—CYBER 92,176 92,176 490 OFFICE OF THE SECRETARY OF DEFENSE 2,676,416 2,718,116 Bien Hoa dioxin cleanup [15,000] Centers for Disease Control and Prevention Nation-wide human health assessment [5,000] Readiness and Environmental Protection Integration program [20,200] United States Telecommunications Training Institute [1,500] 530 WASHINGTON HEADQUARTERS SERVICES 440,947 440,947 999 CLASSIFIED PROGRAMS 20,114,447 20,114,447 SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 39,705,162 39,793,862 TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE 52,767,563 52,863,663 UNDISTRIBUTED OPERATION & MAINTENANCE, DEFENSE-WIDE 997 UNDISTRIBUTED 0 –51,000 Program reduction—USSOCOM [–51,000] 998 UNDISTRIBUTED 0 –15,000 Unobligated balances [–15,000] SUBTOTAL UNDISTRIBUTED 0 –66,000 TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE 0 –66,000 MISCELLANEOUS APPROPRIATIONS US COURT OF APPEALS FOR THE ARMED FORCES, DEF 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE 16,620 16,620 SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEF 16,620 16,620 TOTAL MISCELLANEOUS APPROPRIATIONS 16,620 16,620 MISCELLANEOUS APPROPRIATIONS OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 114,900 114,900 SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 114,900 114,900 TOTAL MISCELLANEOUS APPROPRIATIONS 114,900 114,900 MISCELLANEOUS APPROPRIATIONS COOPERATIVE THREAT REDUCTION ACCOUNT 010 COOPERATIVE THREAT REDUCTION 350,999 350,999 SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT 350,999 350,999 TOTAL MISCELLANEOUS APPROPRIATIONS 350,999 350,999 MISCELLANEOUS APPROPRIATIONS ACQUISITION WORKFORCE DEVELOPMENT 010 ACQ WORKFORCE DEV FD 54,977 54,977 SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT 54,977 54,977 TOTAL MISCELLANEOUS APPROPRIATIONS 54,977 54,977 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, ARMY 050 ENVIRONMENTAL RESTORATION, ARMY 198,760 198,760 SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY 198,760 198,760 TOTAL MISCELLANEOUS APPROPRIATIONS 198,760 198,760 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, NAVY 060 ENVIRONMENTAL RESTORATION, NAVY 335,240 335,240 SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY 335,240 335,240 TOTAL MISCELLANEOUS APPROPRIATIONS 335,240 335,240 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, AIR FORCE 070 ENVIRONMENTAL RESTORATION, AIR FORCE 349,744 349,744 SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE 349,744 349,744 TOTAL MISCELLANEOUS APPROPRIATIONS 349,744 349,744 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, DEFENSE 080 ENVIRONMENTAL RESTORATION, DEFENSE 8,965 8,965 SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE 8,965 8,965 TOTAL MISCELLANEOUS APPROPRIATIONS 8,965 8,965 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION FORMERLY USED SITES 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES 232,806 232,806 SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES 232,806 232,806 TOTAL MISCELLANEOUS APPROPRIATIONS 232,806 232,806 TOTAL OPERATION & MAINTENANCE 293,043,843 291,746,996", "id": "id51903477", "header": "OPERATION AND MAINTENANCE", "nested": [], "links": [] }, { "text": "4401. MILITARY PERSONNEL \nSEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) Item FY 2024 Request Senate Authorized MILITARY PERSONNEL MILITARY PERSONNEL APPROPRIATIONS MILITARY PERSONNEL APPROPRIATIONS 168,320,510 166,779,670 Air Force end strength underexecution [–564,000] Air National Guard AGR end strength underexecution [–45,600] Air National Reserve AGR end strength underexecution [–8,040] Navy end strength underexecution [–600,000] Unobligated balances [–323,200] SUBTOTAL MILITARY PERSONNEL APPROPRIATIONS 168,320,510 166,779,670 MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTIONS MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTIONS 10,553,456 10,553,456 SUBTOTAL MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTIONS 10,553,456 10,553,456 TOTAL MILITARY PERSONNEL 178,873,966 177,333,126", "id": "id82fe611f", "header": "MILITARY PERSONNEL", "nested": [], "links": [] }, { "text": "4501. OTHER AUTHORIZATIONS \nSEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) Line Item FY 2024 Request Senate Authorized WORKING CAPITAL FUND WORKING CAPITAL FUND, ARMY 010 INDUSTRIAL OPERATIONS 27,551 27,551 020 SUPPLY MANAGEMENT—ARMY 1,662 1,662 SUBTOTAL WORKING CAPITAL FUND, ARMY 29,213 29,213 WORKING CAPITAL FUND, AIR FORCE 020 SUPPLIES AND MATERIALS 83,587 83,587 SUBTOTAL WORKING CAPITAL FUND, AIR FORCE 83,587 83,587 NATIONAL DEFENSE STOCKPILE TRANSACTION FUND 010 DEFENSE STOCKPILE 7,629 7,629 SUBTOTAL NATIONAL DEFENSE STOCKPILE TRANSACTION FUND 7,629 7,629 WORKING CAPITAL FUND, DEFENSE-WIDE 010 DEFENSE AUTOMATION & PRODUCTION SERVICES 4 4 040 ENERGY MANAGEMENT—DEF 114,663 114,663 SUBTOTAL WORKING CAPITAL FUND, DEFENSE-WIDE 114,667 114,667 WORKING CAPITAL FUND, DECA 010 WORKING CAPITAL FUND, DECA 1,447,612 1,447,612 SUBTOTAL WORKING CAPITAL FUND, DECA 1,447,612 1,447,612 TOTAL WORKING CAPITAL FUND 1,682,708 1,682,708 CHEM AGENTS & MUNITIONS DESTRUCTION OPERATION & MAINTENANCE 1 CHEM DEMILITARIZATION—O&M 89,284 89,284 SUBTOTAL OPERATION & MAINTENANCE 89,284 89,284 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 2 CHEM DEMILITARIZATION—RDT&E 1,002,560 1,002,560 SUBTOTAL RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 1,002,560 1,002,560 TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION 1,091,844 1,091,844 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF DRUG INTRDCTN 010 COUNTER-NARCOTICS SUPPORT 643,848 643,848 SUBTOTAL DRUG INTRDCTN 643,848 643,848 DRUG DEMAND REDUCTION PROGRAM 020 DRUG DEMAND REDUCTION PROGRAM 134,313 134,313 SUBTOTAL DRUG DEMAND REDUCTION PROGRAM 134,313 134,313 NATIONAL GUARD COUNTER-DRUG PROGRAM 030 NATIONAL GUARD COUNTER-DRUG PROGRAM 102,272 102,272 SUBTOTAL NATIONAL GUARD COUNTER-DRUG PROGRAM 102,272 102,272 NATIONAL GUARD COUNTER-DRUG SCHOOLS 040 NATIONAL GUARD COUNTER-DRUG SCHOOLS 5,993 5,993 SUBTOTAL NATIONAL GUARD COUNTER-DRUG SCHOOLS 5,993 5,993 TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 886,426 886,426 OFFICE OF THE INSPECTOR GENERAL OFFICE OF THE INSPECTOR GENERAL 010 OPERATION AND MAINTENANCE 518,919 518,919 020 OPERATION AND MAINTENANCE 1,948 1,948 030 RDT&E 3,400 3,400 040 PROCUREMENT 1,098 1,098 SUBTOTAL OFFICE OF THE INSPECTOR GENERAL 520,867 520,867 SUBTOTAL OFFICE OF THE INSPECTOR GENERAL 3,400 3,400 SUBTOTAL OFFICE OF THE INSPECTOR GENERAL 1,098 1,098 TOTAL OFFICE OF THE INSPECTOR GENERAL 525,365 525,365 DEFENSE HEALTH PROGRAM OPERATION & MAINTENANCE 010 IN-HOUSE CARE 10,044,342 10,044,342 020 PRIVATE SECTOR CARE 19,893,028 19,893,028 030 CONSOLIDATED HEALTH SUPPORT 2,007,012 2,007,012 040 INFORMATION MANAGEMENT 2,327,816 2,327,816 050 MANAGEMENT ACTIVITIES 347,446 347,446 060 EDUCATION AND TRAINING 336,111 336,111 070 BASE OPERATIONS/COMMUNICATIONS 2,144,551 2,144,551 SUBTOTAL OPERATION & MAINTENANCE 37,100,306 37,100,306 RDT&E 080 R&D RESEARCH 40,311 40,311 090 R&D EXPLORATRY DEVELOPMENT 178,892 178,892 100 R&D ADVANCED DEVELOPMENT 327,040 327,040 110 R&D DEMONSTRATION/VALIDATION 172,351 172,351 120 R&D ENGINEERING DEVELOPMENT 107,753 107,753 130 R&D MANAGEMENT AND SUPPORT 87,096 87,096 140 R&D CAPABILITIES ENHANCEMENT 18,330 18,330 SUBTOTAL RDT&E 931,773 931,773 PROCUREMENT 150 PROC INITIAL OUTFITTING 22,344 22,344 160 PROC REPLACEMENT & MODERNIZATION 238,435 238,435 170 PROC JOINT OPERATIONAL MEDICINE INFORMATION SYSTEM 29,537 29,537 180 PROC MILITARY HEALTH SYSTEM—DESKTOP TO DATACENTER 74,055 74,055 190 PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION 17,510 17,510 SUBTOTAL PROCUREMENT 381,881 381,881 TOTAL DEFENSE HEALTH PROGRAM 38,413,960 38,413,960 TOTAL OTHER AUTHORIZATIONS 42,600,303 42,600,303", "id": "id9956dec1", "header": "OTHER AUTHORIZATIONS", "nested": [], "links": [] }, { "text": "4601. MILITARY CONSTRUCTION \nSEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Account State/Country and Installation Project Title FY 2024 Request Senate Authorized MILITARY CONSTRUCTION ARMY Alabama Army Anniston Army Depot OPEN STORAGE (P&D) 0 270 Army Redstone Arsenal SUBSTATION 50,000 50,000 Alaska Army Fort Wainwright COST TO COMPLETE: ENLISTED UNACCOMPANIED PERS HSG 34,000 34,000 Army Fort Wainwright SOLDER PERFORMANCE READINESS CENTER (P&D) 0 7,900 Georgia Army Fort Eisenhower CYBER INSTRUCTIONAL FACILITY (CLASSROOMS) 163,000 73,000 Germany Army Grafenwoehr AUTOMATED MULTIPURPOSE MACHINE GUN RANGE 10,400 10,400 Army Hohenfels SIMULATIONS CENTER 56,000 56,000 Hawaii Army Aliamanu Military Reservation WATER STORAGE TANK 20,000 20,000 Army Fort Shafter CLEARWELL AND BOOSTER PUMP 0 23,000 Army Helemano Military Reservation WELLS AND STORAGE TANK 0 33,000 Army Schofield Barracks ELEVATED TANK AND DISTRIBUTION LINE 0 21,000 Army Schofield Barracks WATER STORAGE TANK 0 16,000 Army Wheeler Army Airfield AIR TRAFFIC CONTROL TOWER (P&D) 0 5,400 Indiana Army Crane Army Ammunition Plant EARTH COVERED MAGAZINES (P&D) 0 1,195 Kansas Army Fort Riley AIR TRAFFIC CONTROL TOWER (P&D) 0 1,600 Army Fort Riley AIRCRAFT MAINTENANCE HANGER 105,000 105,000 Kentucky Army Blue Grass Army Depot SMALL ARMS MODERNIZATION (P&D) 0 3,300 Army Fort Campbell AIR TRAFFIC CONTROL TOWER (P&D) 0 2,500 Army Fort Campbell MULTIPURPOSE TRAINING RANGE 38,000 38,000 Army Fort Knox MIDDLE SCHOOL ADDITION (P&D) 0 6,600 Kwajalein Army Kwajalein Atoll COST TO COMPLETE: PIER 0 15,000 Louisiana Army Fort Johnson MULTIPURPOSE ATHLETIC FIELD 0 13,400 Massachusetts Army Soldier Systems Center Natick BARRACKS ADDITION 18,500 18,500 Michigan Army Detroit Arsenal GROUND TRANSPORT EQUIPMENT BUILDING 72,000 72,000 New Mexico Army White Sands Missile Range J-DETC DIRECTED ENERGY FACILITY (P&D) 0 5,500 New York Army Watervliet Arsenal TANK FARM (P&D) 0 160 North Carolina Army Fort Liberty AUTOMATED RECORD FIRE RANGE 19,500 19,500 Army Fort Liberty BARRACKS 50,000 50,000 Army Fort Liberty BARRACKS (FACILITY PROTOTYPING) 85,000 85,000 Oklahoma Army McAlester Army Ammunition Plant WATER TREATMENT PLANT (P&D) 0 1,194 Pennsylvania Army Letterkenny Army Depot ANECHOIC CHAMBER (P&D) 0 275 Army Letterkenny Army Depot GUIDED MISSILE MAINTENANCE BUILDING 89,000 89,000 Army Tobyhanna Army Depot HELIPAD (P&D) 0 311 Army Tobyhanna Army Depot RADAR MAINTENANCE SHOP (P&D) 0 259 Poland Army Various Locations PLANNING & DESIGN 0 25,710 South Carolina Army Fort Jackson COST TO COMPLETE: RECEPTION BARRACKS COMPLEX, PHASE 2 0 66,000 Texas Army Fort Bliss RAIL YARD 74,000 74,000 Army Fort Cavazos BARRACKS (P&D) 0 20,000 Army Fort Cavazos TACTICAL EQUIPMENT MAINTENANCE FACILITIES (P&D) 0 5,800 Army Red River Army Depot COMPONENT REBUILD SHOP 113,000 46,400 Army Red River Army Depot NON-DESTRUCTIVE TESTING FACILITY (P&D) 0 280 Army Red River Army Depot STANDBY GENERATOR (P&D) 0 270 Virginia Army Fort Belvoir EQUINE TRAINING FACILITY (P&D) 0 4,000 Washington Army Joint Base Lewis-McChord BARRACKS 100,000 100,000 Army Joint Base Lewis-McChord VEHICLE MAINTENANCE SHOP (P&D) 0 7,500 Worldwide Unspecified Army Unspecified Worldwide BARRACKS REPLACEMENT FUND 0 50,000 Army Unspecified Worldwide Locations HOST NATION SUPPORT 26,000 26,000 Army Unspecified Worldwide Locations MINOR CONSTRUCTION 76,280 76,280 Army Unspecified Worldwide Locations PLANNING & DESIGN 270,875 270,875 Subtotal Military Construction, Army 1,470,555 1,651,379 NAVY Australia Navy Royal Australian Air Force Base Darwin PDI: AIRCRAFT PARKING APRON (INC) 134,624 134,624 California Navy Marine Corps Air Ground Combat Center Twentynine Palms COMMUNICATIONS TOWERS 42,100 42,100 Navy Port Hueneme LABORATORY COMPOUND FACILITIES IMPROVEMENTS 110,000 15,000 Connecticut Navy Naval Submarine Base New London SUBMARINE PIER 31 EXTENSION 112,518 36,718 Navy Naval Submarine Base New London WEAPONS MAGAZINE & ORDNANCE OPERATIONS FAC. 219,200 19,200 District of Columbia Navy Marine Barracks Washington BACHELOR ENLISTED QUARTERS & SUPPORT FACILITY 131,800 16,800 Djibouti Navy Camp Lemonnier ELECTRICAL POWER PLANT 0 20,000 Florida Navy Naval Air Station Whiting Field AHTS HANGAR 0 50,000 Guam Navy Andersen Air Force Base PDI: CHILD DEVELOPMENT CENTER 105,220 55,220 Navy Andersen Air Force Base PDI: JOINT CONSOL. COMM. CENTER (INC) 107,000 107,000 Navy Joint Region Marianas PDI: JOINT COMMUNICATION UPGRADE (INC) 292,830 31,330 Navy Joint Region Marianas PDI: MISSILE INTEGRATION TEST FACILITY 174,540 44,540 Navy Naval Base Guam PDI: 9TH ESB TRAINING COMPLEX 23,380 23,380 Navy Naval Base Guam PDI: ARTILLERY BATTERY FACILITIES 137,550 67,550 Navy Naval Base Guam PDI: CONSOLIDATED MEB HQ/NCIS PHII 19,740 19,740 Navy Naval Base Guam PDI: RECREATION CENTER 34,740 34,740 Navy Naval Base Guam PDI: RELIGIOUS MINISTRY SERVICES FACILITY 46,350 46,350 Navy Naval Base Guam PDI: SATELLITE COMMUNICATIONS FACILITY (INC) 166,159 56,159 Navy Naval Base Guam PDI: TRAINING CENTER 89,640 89,640 Hawaii Navy Joint Base Pearl Harbor-Hickam DRY DOCK 3 REPLACEMENT (INC) 1,318,711 1,318,711 Navy Joint Base Pearl Harbor-Hickam WATERFRONT PRODUCTION FACILITY (P&D) 0 60,000 Navy Marine Corps Base Kaneohe Bay WATER RECLAMATION FACILITY COMPLIANCE UPGRADE 0 40,000 Italy Navy Naval Air Station Sigonella EDI: ORDNANCE MAGAZINES 77,072 77,072 Maine Navy Portsmouth Naval Shipyard MULTI-MISSION DRYDOCK #1 EXTENSION (INC) 544,808 544,808 Maryland Navy Fort Meade CYBERSECURITY OPERATIONS FACILITY 186,480 60,580 Navy Naval Air Station Patuxent River AIRCRAFT DEVELOPMENT AND MAINTENANCE FACILITIES 141,700 62,000 North Carolina Navy Marine Corps Air Station Cherry Point 2D LAAD MAINTENANCE AND OPERATIONS FACILITIES 0 50,000 Navy Marine Corps Air Station Cherry Point AIRCRAFT MAINTENANCE HANGAR (INC) 19,529 19,529 Navy Marine Corps Air Station Cherry Point MAINTENANCE FACILITY & MARINE AIR GROUP HQS 125,150 40,150 Navy Marine Corps Base Camp Lejeune 10TH MARINES MAINTENANCE & OPERATIONS COMPLEX 0 20,000 Navy Marine Corps Base Camp Lejeune CORROSION REPAIR FACILITY REPLACEMENT 0 20,000 Pennsylvania Navy Naval Surface Warfare Center Philadelphia AI MACHINERY CONTROL DEVELOPMENT CENTER 0 88,200 Virginia Navy Dam Neck Annex MARITIME SURVEILLANCE SYSTEM FACILITY 109,680 109,680 Navy Joint Expeditionary Base Little Creek—Fort Story CHILD DEVELOPMENT CENTER 35,000 35,000 Navy Marine Corps Base Quantico WATER TREATMENT PLANT 127,120 37,120 Navy Naval Station Norfolk CHILD DEVELOPMENT CENTER 43,600 43,600 Navy Naval Station Norfolk MQ–25 AIRCRAFT LAYDOWN FACILITIES 114,495 11,495 Navy Naval Station Norfolk SUBMARINE PIER 3 (INC) 99,077 99,077 Navy Naval Weapons Station Yorktown WEAPONS MAGAZINES 221,920 46,920 Navy Norfolk Naval Shipyard DRY DOCK SALTWATER SYSTEM FOR CVN–78 (INC) 81,082 81,082 Washington Navy Naval Base Kitsap ALTERNATE POWER TRANSMISSION LINE 0 19,000 Navy Naval Base Kitsap ARMORED FIGHTING VEHICLE SUPPORT FACILITY 0 31,000 Navy Naval Base Kitsap SHIPYARD ELECTRICAL BACKBONE 195,000 15,000 Worldwide Unspecified Navy Unspecified Worldwide BARRACKS REPLACEMENT FUND 0 75,000 Navy Unspecified Worldwide INDOPACOM PLANNING & DESIGN 0 69,000 Navy Unspecified Worldwide SIOP (P&D) 0 50,000 Navy Unspecified Worldwide Locations PLANNING & DESIGN 578,942 578,942 Navy Unspecified Worldwide Locations PLANNING & DESIGN 21,000 21,000 Navy Unspecified Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 34,430 34,430 Subtotal Military Construction, Navy 6,022,187 4,668,487 AIR FORCE Alaska Air Force Eielson Air Force Base CONSOLIDATED MUNITIONS COMPLEX (P&D) 0 1,200 Air Force Eielson Air Force Base JOINT PACIFIC ALASKA RANGE COMPLEX (JPARC) OPS FACILITY (P&D) 0 1,100 Air Force Joint Base Elmendorf-Richardson EXTEND RUNWAY 16/34 (INC 3) 107,500 107,500 Air Force Joint Base Elmendorf-Richardson PRECISION GUIDED MISSILE COMPLEX (P&D) 0 6,100 Arizona Air Force Luke Air Force Base GILA BEND (P&D) 0 2,600 Australia Air Force Royal Australian Air Force Base Darwin PDI: SQUADRON OPERATIONS FACILITY 26,000 26,000 Air Force Royal Australian Air Force Base Tindal PDI: AIRCRAFT MAINTENANCE SUPPORT FACILITY 17,500 17,500 Air Force Royal Australian Air Force Base Tindal PDI: SQUADRON OPERATIONS FACILITY 20,000 20,000 Air Force Royal Australian Air Force Base Tindal PDI: BOMBER APRON 93,000 93,000 Florida Air Force MacDill Air Force Base KC–46A ADAL AIRCRAFT CORROSION CONTROL 25,000 25,000 Air Force MacDill Air Force Base KC–46A ADAL AIRCRAFT MAINTENANCE HANGAR 27,000 27,000 Air Force MacDill Air Force Base KC–46A ADAL APRON & HYDRANT FUELING PITS 61,000 61,000 Air Force MacDill Air Force Base KC–46A ADAL FUEL SYSTEM MAINTENANCE DOCK 18,000 18,000 Air Force Patrick Space Force Base COMMERCIAL VEHICLE INSPECTION 15,000 15,000 Air Force Patrick Space Force Base COST TO COMPLETE: CONSOLIDATED COMMUNICATIONS CENTER 15,000 15,000 Air Force Patrick Space Force Base FINAL DENIAL BARRIERS, SOUTH GATE 12,000 12,000 Air Force Tyndall Air Force Base NATURAL DISASTER RECOVERY 0 252,000 Georgia Air Force Robins Air Force Base BATTLE MANAGEMENT COMBINED OPERATIONS COMPLEX 115,000 115,000 Guam Air Force Joint Region Marianas PDI: NORTH AIRCRAFT PARKING RAMP (INC) 109,000 109,000 Japan Air Force Kadena Air Base PDI: HELO RESCUE OPS MAINTENANCE HANGAR (INC 3) 46,000 46,000 Air Force Kadena Air Base PDI: THEATER A/C CORROSION CONTROL CTR (INC) 42,000 42,000 Louisiana Air Force Barksdale Air Force Base CHILD DEVELOPMENT CENTER (P&D) 0 2,000 Air Force Barksdale Air Force Base DORMITORY (P&D) 0 7,000 Air Force Barksdale Air Force Base WEAPONS GENERATION FACILITY (INC 3) 112,000 112,000 Mariana Islands Air Force Tinian PDI: AIRFIELD DEVELOPMENT, PHASE 1 (INC 3) 26,000 26,000 Air Force Tinian PDI: FUEL TANKS W/PIPELINE & HYDRANT (INC 3) 20,000 20,000 Air Force Tinian PDI: PARKING APRON (INC 3) 32,000 32,000 Massachusetts Air Force Hanscom Air Force Base CHILD DEVELOPMENT CENTER 37,000 37,000 Air Force Hanscom Air Force Base MIT-LINCOLN LAB (WEST LAB CSL/MIF) (INC 4) 70,000 70,000 Mississippi Air Force Columbus Air Force Base T–7A GROUND BASED TRAINING SYSTEM FACILITY 30,000 30,000 Air Force Columbus Air Force Base T–7A UNIT MAINTENANCE TRAINING FACILITY 9,500 9,500 Air Force Keesler Air Force Base AIR TRAFFIC CONTROL TOWER (P&D) 0 2,000 Nebraska Air Force Offutt Air Force Base 55 CES MAINTENANCE/WAREHOUSE (P&D) 0 4,500 Air Force Offutt Air Force Base BASE OPERATIONS/MOBILITY CENTER (P&D) 0 5,000 Air Force Offutt Air Force Base LOGISTICS READINESS SQUADRON TRANSPORTATION FACILITY (P&D) 0 3,500 Nevada Air Force Nellis Air Force Base F–35 COALITION HANGAR (P&D) 0 5,500 Air Force Nellis Air Force Base F–35 DATA LAB SUPPORT FACILITY (P&D) 0 700 New Mexico Air Force Cannon Air Force Base SATELLITE FIRE STATION (P&D) 0 5,000 Air Force Kirtland Air Force Base COST TO COMPLETE: WYOMING GATE UPGRADE FOR ANTITERRORISM COMPLIANCE 0 24,400 Norway Air Force Rygge Air Station EDI: DABS-FEV STORAGE 88,000 88,000 Air Force Rygge Air Station EDI: MUNITIONS STORAGE AREA 31,000 31,000 Ohio Air Force Wright-Patterson Air Force Base ACQUISITION MANAGEMENT COMPLEX PHASE V (P&D) 0 19,500 Oklahoma Air Force Tinker Air Force Base KC–46 3–BAY DEPOT MAINTENANCE HANGAR (INC 3) 78,000 78,000 Air Force Vance Air Force Base CONSOLIDATED UNDERGRADUATE PILOT TRAINING CENTER (P&D) 0 8,400 Philippines Air Force Cesar Basa Air Base PDI: TRANSIENT AIRCRAFT PARKING APRON 35,000 35,000 South Dakota Air Force Ellsworth Air Force Base B–21 FUEL SYSTEM MAINTENANCE DOCK 75,000 75,000 Air Force Ellsworth Air Force Base B–21 PHASE HANGAR 160,000 160,000 Air Force Ellsworth Air Force Base B–21 WEAPONS GENERATION FACILITY (INC) 160,000 160,000 Spain Air Force Morón Air Base EDI: MUNITIONS STORAGE 26,000 26,000 Texas Air Force Joint Base San Antonio-Lackland CHILD DEVELOPMENT CENTER 20,000 20,000 United Kingdom Air Force Royal Air Force Fairford COST TO COMPLETE: EDI DABS-FEV STORAGE 0 28,000 Air Force Royal Air Force Fairford COST TO COMPLETE: EDI MUNITIONS HOLDING AREA 0 20,000 Air Force Royal Air Force Fairford EDI: RADR STORAGE FACILITY 47,000 47,000 Air Force Royal Air Force Lakenheath EDI: RADR STORAGE FACILITY 28,000 28,000 Air Force Royal Air Force Lakenheath SURETY DORMITORY 50,000 50,000 Utah Air Force Hill Air Force Base F–35 T–7A EAST CAMPUS INFRASTRUCTURE 82,000 82,000 Worldwide Unspecified Air Force Unspecified Worldwide BARRACKS REPLACEMENT FUND 0 50,000 Air Force Unspecified Worldwide Locations EDI: PLANNING & DESIGN 5,648 5,648 Air Force Unspecified Worldwide Locations PLANNING & DESIGN 338,985 338,985 Air Force Unspecified Worldwide Locations PLANNING & DESIGN 90,281 90,281 Air Force Unspecified Worldwide Locations UNSPECIFIED MINOR MILITARY CONSTRUCTION 64,900 64,900 Wyoming Air Force F.E. Warren Air Force Base COST TO COMPLETE: CONSOLIDATED HELO/TRF OPS/AMU AND ALERT FACILITY 0 18,000 Air Force F.E. Warren Air Force Base GBSD INTEGRATED COMMAND CENTER (INC 2) 27,000 27,000 Air Force F.E. Warren Air Force Base GBSD INTEGRATED TRAINING CENTER 85,000 85,000 Air Force F.E. Warren Air Force Base GBSD MISSILE HANDLING COMPLEX (INC 2) 28,000 28,000 Subtotal Military Construction, Air Force 2,605,314 3,071,814 DEFENSE-WIDE Alabama Defense-Wide Redstone Arsenal GROUND TEST FACILITY INFRASTRUCTURE 147,975 77,975 California Defense-Wide Marine Corps Air Station Miramar AMBULATORY CARE CENTER—DENTAL CLINIC ADD//ALT 103,000 20,600 Defense-Wide Marine Corps Air Station Miramar ELECTRICAL INFRASTRUCTURE, ON-SITE GENERATION, AND MICROGRID IMPROVEMENTS 0 30,550 Defense-Wide Monterey COST TO COMPLETE: COGEN PLANT AT B236 0 5,460 Defense-Wide Naval Base Coronado COST TO COMPLETE: ATC OPERATIONS SUPPORT FACILITY 0 11,400 Defense-Wide Naval Base Coronado SOF NAVAL SPECIAL WARFARE COMMAND OPERATIONS SUPPORT FACILITY, PHASE 2 0 51,000 Defense-Wide Naval Base San Diego AMBULATORY CARE CENTER—DENTAL CLINIC REPLMT 101,644 22,185 Defense-Wide Naval Base San Diego MICROGRID AND BACKUP POWER 0 6,300 Defense-Wide Naval Base Ventura County COST TO COMPLETE: GROUND MOUNTED SOLAR PV 0 16,840 Defense-Wide Vandenberg Space Force Base MICROGRID WITH BACKUP POWER 0 57,000 Colorado Defense-Wide Buckley Space Force Base REDUNDANT ELECTRICAL SUPPLY 0 9,000 Defense-Wide Buckley Space Force Base REPLACEMENT WATER WELL 0 5,700 Cuba Defense-Wide Guantanamo Bay Naval Station AMBULATORY CARE CENTER (INC 1) 60,000 60,000 Delaware Defense-Wide Dover Air Force Base ARMED SERVICES WHOLE BLOOD PROCESSING LABORATORY 0 30,500 Djibouti Defense-Wide Camp Lemonnier COST TO COMPLETE: ENHANCE ENERGY SECURITY AND CONTROL SYSTEMS 0 5,200 Georgia Defense-Wide Naval Submarine Base Kings Bay ELECTRICAL TRANSMISSION AND DISTRIBUTION IMPROVEMENTS, PHASE 2 0 49,500 Germany Defense-Wide Baumholder HUMAN PERFORMANCE TRAINING CENTER 0 16,700 Defense-Wide Baumholder SOF COMPANY OPERATIONS FACILITY 41,000 41,000 Defense-Wide Baumholder SOF JOINT PARACHUTE RIGGING FACILITY 23,000 23,000 Defense-Wide Kaiserslautern Air Base KAISERSLAUTERN MIDDLE SCHOOL 21,275 21,275 Defense-Wide Ramstein Air Base RAMSTEIN MIDDLE SCHOOL 181,764 181,764 Defense-Wide Rhine Ordnance Barracks MEDICAL CENTER REPLACEMENT (INC 11) 77,210 77,210 Defense-Wide Stuttgart ROBINSON BARRACKS ELEM SCHOOL REPLACEMENT 8,000 8,000 Hawaii Defense-Wide Joint Base Pearl Harbor-Hickam COST TO COMPLETE: FY20 500 KW PV COVERED PARKING EV CHARGING STATION 0 7,476 Defense-Wide Joint Base Pearl Harbor-Hickam COST TO COMPLETE: PRIMARY ELECTRICAL DISTRIBUTION 0 13,040 Honduras Defense-Wide Soto Cano Air Base FUEL FACILITIES 41,300 41,300 Italy Defense-Wide Naples COST TO COMPLETE: SMART GRID 0 7,610 Japan Defense-Wide Fleet Activities Yokosuka KINNICK HIGH SCHOOL (INC) 70,000 70,000 Defense-Wide Kadena Air Base PDI SOF MAINTENANCE HANGAR 88,900 88,900 Defense-Wide Kadena Air Base PDI: SOF COMPOSITE MAINTENANCE FACILITY 11,400 11,400 Kansas Defense-Wide Forbes Field MICROGRID AND BACKUP POWER 0 5,850 Defense-Wide Fort Riley COST TO COMPLETE: POWER GENERATION AND MICROGRID 0 15,468 Korea Defense-Wide K–16 Air Base K–16 EMERGENCY BACKUP POWER 0 5,650 Kuwait Defense-Wide Camp Arifjan COST TO COMPLETE: POWER GENERATION AND MICROGRID 0 8,197 Defense-Wide Camp Buehring MICROGRID AND BACKUP POWER 0 18,850 Louisiana Defense-Wide Naval Air Station Joint Reserve Base New Orleans COST TO COMPLETE: DISTRIBUTION SWITCHGEAR 0 6,453 Maryland Defense-Wide Bethesda Naval Hospital MEDICAL CENTER ADDITION/ALTERATION (INC 7) 101,816 101,816 Defense-Wide Fort Meade NSAW MISSION OPS AND RECORDS CENTER (INC) 105,000 105,000 Defense-Wide Fort Meade NSAW RECAP BUILDING 4 (INC) 315,000 315,000 Defense-Wide Fort Meade NSAW RECAP BUILDING 5 (ECB 5) (INC) 65,000 65,000 Defense-Wide Joint Base Andrews HYDRANT FUELING SYSTEM 38,300 38,300 Missouri Defense-Wide Lake City Army Ammunition Plant MICROGRID AND BACKUP POWER 0 80,100 Montana Defense-Wide Great Falls International Airport FUEL FACILITIES 30,000 30,000 Nebraska Defense-Wide Offutt Air Force Base DEFENSE POW/MIA ACCOUNTABILITY AGENCY LABORATORY (P&D) 0 5,000 Defense-Wide Offutt Air Force Base MICROGRID AND BACKUP POWER 0 41,000 North Carolina Defense-Wide Fort Liberty (Camp Mackall) MICROGRID AND BACKUP POWER 0 10,500 Defense-Wide Marine Corps Base Camp Lejeune MARINE RAIDER BATTALION OPERATIONS FACILITY 0 70,000 Oklahoma Defense-Wide Fort Sill MICROGRID AND BACKUP POWER 0 76,650 Pennsylvania Defense-Wide Fort Indiantown Gap COST TO COMPLETE: GEOTHERMAL AND SOLAR PV 0 9,250 Puerto Rico Defense-Wide Fort Buchanan MICROGRID AND BACKUP POWER 0 56,000 Defense-Wide Juana Díaz COST TO COMPLETE: MICROGRID CONTROLS, 690 KW PV, 275KW GEN, 570 KWH BESS 0 7,680 Defense-Wide Ramey COST TO COMPLETE: MICROGRID CONTROL SYSTEM, 460 KW PV, 275KW GEN, 660 KWH BESS 0 6,360 Spain Defense-Wide Naval Station Rota BULK TANK FARM, PHASE 1 80,000 80,000 Texas Defense-Wide Fort Cavazos COST TO COMPLETE: POWER GENERATION AND MICROGRID 0 18,900 Defense-Wide Fort Cavazos MICROGRID AND BACKUP POWER 0 18,250 Utah Defense-Wide Hill Air Force Base OPEN STORAGE 14,200 14,200 Virginia Defense-Wide Fort Belvoir DIA HEADQUARTERS ANNEX 185,000 25,000 Defense-Wide Hampton Roads COST TO COMPLETE: BACKUP POWER GENERATION 0 1,200 Defense-Wide Joint Expeditionary Base Little Creek—Fort Story SOF SDVT2 OPERATIONS SUPPORT FACILITY 61,000 61,000 Defense-Wide Fort Belvoir (NGA Campus East) COST TO COMPLETE: CHILLED WATER REDUNDANCY 0 550 Defense-Wide Pentagon HVAC EFFICIENCY UPGRADES 0 2,250 Defense-Wide Pentagon SEC OPS AND PEDESTRIAN ACCESS FACS 30,600 30,600 Washington Defense-Wide Joint Base Lewis-McChord POWER GENERATION AND MICROGRID 0 49,850 Defense-Wide Joint Base Lewis-McChord SOF CONSOLIDATED RIGGING FACILITY 62,000 62,000 Defense-Wide Manchester BULK STORAGE TANKS, PHASE 2 71,000 71,000 Defense-Wide Naval Undersea Warfare Center Keyport SOF COLD WATER TRAINING AUSTERE ENVIRONMENT FACILITY 0 37,000 Worldwide Unspecified Defense-Wide Unspecified Worldwide INDOPACOM UNSPECIFIED MINOR MILITARY CONSTRUCTION 0 62,000 Defense-Wide Unspecified Worldwide Locations ENERGY RESILIENCE AND CONSERV. INVEST. PROG. 548,000 0 Defense-Wide Unspecified Worldwide Locations ERCIP PLANNING & DESIGN 86,250 86,250 Defense-Wide Unspecified Worldwide Locations EXERCISE RELATED MINOR CONSTRUCTION 11,107 11,107 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 49,610 49,610 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 32,579 32,579 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 30,215 30,215 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 25,130 25,130 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 24,000 24,000 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 8,568 8,568 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 3,068 3,068 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 2,000 2,000 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 1,035 1,035 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 590 590 Defense-Wide Unspecified Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 19,271 19,271 Defense-Wide Unspecified Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 3,000 3,000 Defense-Wide Various Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 4,875 4,875 Wyoming Defense-Wide F.E. Warren Air Force Base MICROGRID AND BATTERY STORAGE 0 25,000 Subtotal Military Construction, Defense-Wide 2,984,682 3,006,107 ARMY NATIONAL GUARD Alabama Army National Guard Fort McClellan COST TO COMPLETE: ENLISTED BARRACKS, TT 0 7,000 Army National Guard Huntsville COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 4,650 Arizona Army National Guard Surprise Readiness Center NATIONAL GUARD READINESS CENTER 15,000 15,000 Arkansas Army National Guard Fort Chaffee COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 610 California Army National Guard Bakersfield COST TO COMPLETE: VEHICLE MAINTENANCE SHOP 0 1,000 Army National Guard Camp Roberts COST TO COMPLETE: AUTOMATED MULTIPURPOSE MACHINE GUN (MPMG) RANGE 0 5,000 Colorado Army National Guard Peterson Space Force Base COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 3,000 Connecticut Army National Guard Putnam COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 6,125 Florida Army National Guard Camp Blanding MULTIPURPOSE MACHINE GUN RANGE 0 11,000 Guam Army National Guard Barrigada COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 6,900 Idaho Army National Guard Jerome COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 1,250 Army National Guard Jerome County Regional Site NATIONAL GUARD VEHICLE MAINTENANCE SHOP 17,000 17,000 Illinois Army National Guard Bloomington COST TO COMPLETE: NATIONAL GUARD VEHICLE MAINTENANCE SHOP 0 5,250 Army National Guard North Riverside Armory NATIONAL GUARD VEHICLE MAINTENANCE SHOP 24,000 24,000 Indiana Army National Guard Shelbyville COST TO COMPLETE: NATIONAL GUARD READINESS CENTER ADD/ALT 0 5,000 Kansas Army National Guard Topeka COST TO COMPLETE: NATIONAL GUARD/RESERVE CENTER BUILDING 0 5,856 Kentucky Army National Guard Burlington VEHICLE MAINTENANCE SHOP 0 16,400 Army National Guard Frankfort COST TO COMPLETE: NATIONAL GUARD/RESERVE CENTER BUILDING 0 2,000 Louisiana Army National Guard Camp Beauregard COLLECTIVE TRAINING UNACCOMPANIED HOUSING OPEN-BAY (P&D) 0 2,400 Army National Guard Camp Beauregard COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 2,000 Army National Guard Camp Minden COST TO COMPLETE: COLLECTIVE TRAINING UNACCOMPANIED HOUSING, OPEN BAY 0 3,718 Maine Army National Guard Northern Maine Range Complex AUTOMATED MULTIPURPOSE MACHINE GUN RANGE (P&D) 0 2,800 Army National Guard Saco COST TO COMPLETE: NATIONAL GUARD VEHICLE MAINTENANCE SHOP 0 7,420 Massachusetts Army National Guard Camp Edwards COST TO COMPLETE: AUTOMATED MULTIPURPOSE MACHINE GUN (MPMG) RANGE 0 3,000 Mississippi Army National Guard Camp Shelby CAMP SHELBY JFTC RAILHEAD EXPANSION (P&D) 0 2,200 Army National Guard Camp Shelby COST TO COMPLETE: MANEUVER AREA TRAINING EQUIPMENT SITE ADDITION 0 5,425 Army National Guard Southaven NATIONAL GUARD READINESS CENTER 0 22,000 Missouri Army National Guard Belle Fontaine NATIONAL GUARD READINESS CENTER 28,000 28,000 Nebraska Army National Guard Bellevue COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 9,090 Army National Guard Greenlief Training Site COLLECTIVE TRAINING UNACCOMPANIED HOUSING OPEN-BAY (P&D) 0 1,200 Army National Guard Mead Training Site COST TO COMPLETE: COLLECTIVE TRAINING UNACCOMPANIED HOUSING, OPEN BAY 0 1,913 Army National Guard North Platte COST TO COMPLETE: NATIONAL GUARD VEHICLE MAINTENANCE SHOP 0 400 New Hampshire Army National Guard Concord COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 200 Army National Guard Littleton NATIONAL GUARD VEHICLE MAINTENANCE SHOP ADD 23,000 23,000 New Jersey Army National Guard Joint Base McGuire-Dix-Lakehurst COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 605 New Mexico Army National Guard Rio Rancho Training Site NATIONAL GUARD VEHICLE MAINTENANCE SHOP ADD 11,000 11,000 New York Army National Guard Lexington Avenue Armory NATIONAL GUARD READINESS CENTER 0 70,000 North Carolina Army National Guard Salisbury ARMY AVIATION SUPPORT FACILITIES (P&D) 0 2,200 North Dakota Army National Guard Camp Grafton INSTITUTIONAL POST-INITIAL MILITARY TRAINING, UNACCOMPANIED HOUSING (P&D) 0 1,950 Army National Guard Dickinson COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 5,425 Ohio Army National Guard Camp Perry Joint Training Center NATIONAL GUARD READINESS CENTER 19,200 19,200 Army National Guard Columbus COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 4,000 Oklahoma Army National Guard Ardmore COST TO COMPLETE: VEHICLE MAINTENANCE SHOP 0 400 Oregon Army National Guard Washington County Readiness Center NATIONAL GUARD READINESS CENTER 26,000 26,000 Pennsylvania Army National Guard Hermitage Readiness Center NATIONAL GUARD READINESS CENTER 13,600 13,600 Army National Guard Moon Township COST TO COMPLETE: COMBINED SUPPORT MAINTENANCE SHOP 0 3,100 Puerto Rico Army National Guard Fort Allen COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 3,676 Rhode Island Army National Guard Camp Fogarty Training Site COLLECTIVE TRAINING UNACCOMPANIED HOUSING OPEN-BAY (P&D) 0 1,990 Army National Guard North Kingstown NATIONAL GUARD READINESS CENTER 0 30,000 South Carolina Army National Guard Aiken County Readiness Center NATIONAL GUARD READINESS CENTER 20,000 20,000 Army National Guard Joint Base Charleston COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 4,373 Army National Guard McCrady Training Center AUTOMATED MULTIPURPOSE MACHINE GUN RANGE 7,900 7,900 South Dakota Army National Guard Sioux Falls COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 5,250 Tennessee Army National Guard Campbell Army Air Field ARMY AIR TRAFFIC CONTROL TOWERS (P&D) 0 2,500 Army National Guard McMinnville COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 500 Texas Army National Guard Fort Cavazos GENERAL INSTRUCTION BUILDING (P&D) 0 2,685 Army National Guard Fort Worth COST TO COMPLETE: AIRCRAFT MAINTENANCE HANGAR ADD/ALT 0 6,489 Army National Guard Fort Worth COST TO COMPLETE: NATIONAL GUARD VEHICLE MAINTENANCE SHOP 0 381 Utah Army National Guard Camp Williams COLLECTIVE TRAINING UNACCOMPANIED HOUSING, SENIOR NCO AND OFFICER (P&D) 0 2,875 Vermont Army National Guard Bennington COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 3,415 Virgin Islands Army National Guard St. Croix COST TO COMPLETE: ARMY AVIATION SUPPORT FACILITY 0 4,200 Army National Guard St. Croix COST TO COMPLETE: READY BUILDING 0 1,710 Virginia Army National Guard Sandston Rc & FMS 1 AIRCRAFT MAINTENANCE HANGAR 20,000 20,000 Army National Guard Troutville COST TO COMPLETE: COMBINED SUPPORT MAINTENANCE SHOP ADDITION 0 2,415 Army National Guard Troutville COST TO COMPLETE: NATIONAL GUARD READINESS CENTER ADDITION 0 2,135 West Virginia Army National Guard Parkersburg NATIONAL GUARD READINESS CENTER (P&D) 0 3,300 Wisconsin Army National Guard Viroqua NATIONAL GUARD READINESS CENTER 18,200 18,200 Worldwide Unspecified Army National Guard Unspecified Worldwide Locations PLANNING & DESIGN 34,286 34,286 Army National Guard Unspecified Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 63,000 63,000 Subtotal Military Construction, Army National Guard 340,186 650,567 ARMY RESERVE Alabama Army Reserve Birmingham ARMY RESERVE CENTER/AMSA/LAND 57,000 57,000 Arizona Army Reserve San Tan Valley AREA MAINTENANCE SUPPORT ACTIVITY 12,000 12,000 California Army Reserve Camp Pendleton COST TO COMPLETE: AREA MAINTENANCE SUPPORT ACTIVITY 0 3,000 Army Reserve Fort Hunter Liggett NETWORK ENTERPRISE CENTER 0 40,000 Florida Army Reserve Perrine COST TO COMPLETE: ARMY RESERVE CENTER 0 3,000 North Carolina Army Reserve Asheville COST TO COMPLETE: ARMY RESERVE CENTER 0 12,000 Ohio Army Reserve Wright-Patterson Air Force Base COST TO COMPLETE: ARMY RESERVE CENTER 0 5,000 Worldwide Unspecified Army Reserve Unspecified Worldwide Locations PLANNING & DESIGN 23,389 23,389 Army Reserve Unspecified Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 14,687 14,687 Subtotal Military Construction, Army Reserve 107,076 170,076 NAVY RESERVE & MARINE CORPS RESERVE Michigan Navy Reserve & Marine Corps Reserve Battle Creek ORGANIC SUPPLY FACILITIES 24,549 24,549 Virginia Navy Reserve & Marine Corps Reserve Marine Forces Reserve Dam Neck Virginia Beach G/ATOR SUPPORT FACILITIES 12,400 12,400 Worldwide Unspecified Navy Reserve & Marine Corps Reserve Unspecified Worldwide Locations MCNR PLANNING & DESIGN 6,495 6,495 Navy Reserve & Marine Corps Reserve Unspecified Worldwide Locations MCNR UNSPECIFIED MINOR CONSTRUCTION 7,847 7,847 Subtotal Military Construction, Navy Reserve & Marine Corps Reserve 51,291 51,291 AIR NATIONAL GUARD Alabama Air National Guard Montgomery Regional Airport F–35 ADAL SQ OPS BLDG 1303 7,000 7,000 Alaska Air National Guard Eielson Air Force Base AMC STANDARD DUAL BAY HANGAR (P&D) 0 3,700 Air National Guard Joint Base Elmendorf-Richardson ADAL ALERT CREW FACILITY HGR 18 0 7,000 Arizona Air National Guard Tucson International Airport MCCA: AIRCRAFT ARRESTING SYSTEM (NEW RWY) 11,600 11,600 Arkansas Air National Guard Ebbing Air National Guard Base 3–BAY HANGAR 0 54,000 Air National Guard Ebbing Air National Guard Base AIRCREW FLIGHT EQUIPMENT/STEP 0 9,300 Air National Guard Ebbing Air National Guard Base SPECIAL ACCESS PROGRAM FACILITY 0 12,700 Colorado Air National Guard Buckley Space Force Base AIRCRAFT CORROSION CONTROL 12,000 12,000 Indiana Air National Guard Fort Wayne International Airport FIRE STATION 8,900 8,900 Mississippi Air National Guard Field Air National Guard Base COST TO COMPLETE: 172ND AIRLIFT WING FIRE/CRASH RESCUE STATION 0 8,000 Missouri Air National Guard Rosecrans Air National Guard Base 139TH AIRLIFT WING ENTRY CONTROL POINT (P&D) 0 2,000 Air National Guard Rosecrans Air National Guard Base ENTRY CONTROL POINT (P&D) 0 2,000 Oregon Air National Guard Portland International Airport SPECIAL TACTICS COMPLEX, PHASE 1 22,000 22,000 Air National Guard Portland International Airport SPECIAL TACTICS COMPLEX, PHASE 2 18,500 18,500 Air National Guard Portland International Airport SPECIAL TACTICS COMPLEX, PHASE 3 0 20,000 Air National Guard Portland International Airport SPECIAL TACTICS COMPLEX, PHASE 4 0 11,000 Pennsylvania Air National Guard Harrisburg International Airport ENTRY CONTROL FACILITY 0 8,000 Wisconsin Air National Guard Truax Field F–35: MM&I FAC, B701 0 5,200 Air National Guard Volk Air National Guard Base FIRE/CRASH RESCUE STATION (P&D) 0 670 Worldwide Unspecified Air National Guard Unspecified Worldwide Locations PLANNING & DESIGN 35,600 35,600 Air National Guard Unspecified Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 63,122 63,122 Subtotal Military Construction, Air National Guard 178,722 322,292 AIR FORCE RESERVE Arizona Air Force Reserve Davis-Monthan Air Force Base GUARDIAN ANGEL POTFF FACILITY 0 8,500 California Air Force Reserve March Air Reserve Base KC–46 ADD/ALTER B1244 FUT/CARGO PALLET STORAGE 17,000 17,000 Air Force Reserve March Air Reserve Base KC–46 ADD/ALTER B6000 SIMULATOR FACILITY 8,500 8,500 Air Force Reserve March Air Reserve Base KC–46 TWO BAY MAINTENANCE/FUEL HANGAR 201,000 201,000 Guam Air Force Reserve Joint Region Marianas AERIAL PORT FACILITY 27,000 27,000 Louisiana Air Force Reserve Barksdale Air Force Base 307 BW MEDICAL FACILITY ADDITION 0 7,000 Ohio Air Force Reserve Youngstown Air Reserve Station BASE FIRE STATION (P&D) 0 2,500 Texas Air Force Reserve Naval Air Station Joint Reserve Base Fort Worth LRS WAREHOUSE 16,000 16,000 Worldwide Unspecified Air Force Reserve Unspecified Worldwide Locations PLANNING & DESIGN 12,146 12,146 Air Force Reserve Unspecified Worldwide Locations UNSPECIFIED MINOR MILITARY CONSTRUCTION 9,926 9,926 Subtotal Military Construction, Air Force Reserve 291,572 309,572 NATO SECURITY INVESTMENT PROGRAM Worldwide Unspecified NATO NATO Security Investment Program NATO SECURITY INVESTMENT PROGRAM 293,434 293,434 Subtotal NATO Security Investment Program 293,434 293,434 INDOPACIFIC COMBATANT COMMAND Worldwide Unspecified MILCON, INDOPACOM Unspecified Worldwide Locations INDOPACOM MILITARY CONSTRUCTION PILOT PROGRAM 0 150,000 Subtotal Base Realignment and Closure—Defense-Wide 0 150,000 TOTAL INDOPACIFIC COMBATANT COMMAND 0 150,000 TOTAL MILITARY CONSTRUCTION 14,345,019 14,345,019 FAMILY HOUSING FAMILY HOUSING CONSTRUCTION, ARMY Georgia Fam Hsg Con, Army Fort Eisenhower FORT EISENHOWER MHPI EQUITY INVESTMENT 50,000 50,000 Germany Fam Hsg Con, Army Baumholder FAMILY HOUSING NEW CONSTRUCTION 78,746 78,746 Kwajalein Fam Hsg Con, Army Kwajalein Atoll FAMILY HOUSING REPLACEMENT CONSTRUCTION 98,600 98,600 Missouri Fam Hsg Con, Army Fort Leonard Wood FORT LEONARD WOOD MHPI EQUITY INVESTMENT 50,000 50,000 Worldwide Unspecified Fam Hsg Con, Army Unspecified Worldwide Locations FAMILY HOUSING P&D 27,549 27,549 Subtotal Family Housing Construction, Army 304,895 304,895 FAMILY HOUSING O&M, ARMY Worldwide Unspecified Fam Hsg O&M, Army Unspecified Worldwide Locations FURNISHINGS 12,121 12,121 Fam Hsg O&M, Army Unspecified Worldwide Locations HOUSING PRIVATIZATION SUPPORT 86,019 86,019 Fam Hsg O&M, Army Unspecified Worldwide Locations LEASING 112,976 112,976 Fam Hsg O&M, Army Unspecified Worldwide Locations MAINTENANCE 86,706 86,706 Fam Hsg O&M, Army Unspecified Worldwide Locations MANAGEMENT 41,121 41,121 Fam Hsg O&M, Army Unspecified Worldwide Locations MISCELLANEOUS 554 554 Fam Hsg O&M, Army Unspecified Worldwide Locations SERVICES 7,037 7,037 Fam Hsg O&M, Army Unspecified Worldwide Locations UTILITIES 38,951 38,951 Subtotal Family Housing Operation And Maintenance, Army 385,485 385,485 FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS Guam Fam Hsg Con, Navy & Marine Corps Joint Region Marianas REPLACE ANDERSEN HOUSING, PHASE 8 121,906 121,906 Fam Hsg Con, Navy & Marine Corps Naval Support Activity Andersen REPLACE ANDERSEN HOUSING (AF), PHASE 7 83,126 83,126 Worldwide Unspecified Fam Hsg Con, Navy & Marine Corps Unspecified Worldwide Locations DESIGN, WASHINGTON DC 4,782 4,782 Fam Hsg Con, Navy & Marine Corps Unspecified Worldwide Locations IMPROVEMENTS, WASHINGTON DC 57,740 57,740 Fam Hsg Con, Navy & Marine Corps Unspecified Worldwide Locations USMC DPRI/GUAM PLANNING & DESIGN 9,588 9,588 Subtotal Family Housing Construction, Navy & Marine Corps 277,142 277,142 FAMILY HOUSING O&M, NAVY & MARINE CORPS Worldwide Unspecified Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations FURNISHINGS 17,744 17,744 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations HOUSING PRIVATIZATION SUPPORT 65,655 65,655 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations LEASING 60,214 60,214 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations MAINTENANCE 101,356 101,356 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations MANAGEMENT 61,896 61,896 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations MISCELLANEOUS 419 419 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations SERVICES 13,250 13,250 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations UTILITIES 43,320 43,320 Subtotal Family Housing Operation & Maintenance, Navy & Marine Corps 363,854 363,854 FAMILY HOUSING CONSTRUCTION, AIR FORCE Alabama Fam Hsg Con, Air Force Maxwell Air Force Base MHPI RESTRUCTURE-AETC GROUP II 65,000 65,000 Colorado Fam Hsg Con, Air Force U.S. Air Force Academy CONSTRUCTION IMPROVEMENT—CARLTON HOUSE 9,282 9,282 Hawaii Fam Hsg Con, Air Force Joint Base Pearl Harbor-Hickam MHPI RESTRUCTURE-JOINT BASE PEARL HARBOR-HICKAM 75,000 75,000 Mississippi Fam Hsg Con, Air Force Keesler Air Force Base MHPI RESTRUCTURE-SOUTHERN GROUP 80,000 80,000 Worldwide Unspecified Fam Hsg Con, Air Force Unspecified Worldwide Locations PLANNING & DESIGN 7,815 7,815 Subtotal Family Housing Construction, Air Force 237,097 237,097 FAMILY HOUSING O&M, AIR FORCE Worldwide Unspecified Fam Hsg O&M, Air Force Unspecified Worldwide Locations FURNISHINGS 12,884 23,884 Fam Hsg O&M, Air Force Unspecified Worldwide Locations HOUSING PRIVATIZATION SUPPORT 31,803 31,803 Fam Hsg O&M, Air Force Unspecified Worldwide Locations LEASING 5,143 5,143 Fam Hsg O&M, Air Force Unspecified Worldwide Locations MAINTENANCE 135,410 124,410 Fam Hsg O&M, Air Force Unspecified Worldwide Locations MANAGEMENT 68,023 68,023 Fam Hsg O&M, Air Force Unspecified Worldwide Locations MISCELLANEOUS 2,377 2,377 Fam Hsg O&M, Air Force Unspecified Worldwide Locations SERVICES 10,692 10,692 Fam Hsg O&M, Air Force Unspecified Worldwide Locations UTILITIES 48,054 48,054 Subtotal Family Housing Operation And Maintenance, Air Force 314,386 314,386 FAMILY HOUSING O&M, DEFENSE-WIDE Worldwide Unspecified Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations FURNISHINGS 673 673 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations FURNISHINGS 89 89 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations LEASING 32,042 32,042 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations LEASING 13,658 13,658 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations MAINTENANCE 35 35 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations UTILITIES 4,273 4,273 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations UTILITIES 15 15 Subtotal Family Housing Operation And Maintenance, Defense-Wide 50,785 50,785 FAMILY HOUSING IMPROVEMENT FUND Worldwide Unspecified Family Housing Improvement Fund Unspecified Worldwide Locations ADMINISTRATIVE EXPENSES—FHIF 6,611 6,611 Subtotal Family Housing Improvement Fund 6,611 6,611 UNACCOMPANIED HOUSING IMPROVEMENT FUND Worldwide Unspecified Unaccompanied Housing Improvement Fund Unspecified Worldwide Locations ADMINISTRATIVE EXPENSES—UHIF 496 496 Subtotal Unaccompanied Housing Improvement Fund 496 496 TOTAL FAMILY HOUSING 1,940,751 1,940,751 DEFENSE BASE REALIGNMENT AND CLOSURE BASE REALIGNMENT AND CLOSURE, ARMY Worldwide Unspecified BRAC, Army Unspecified Worldwide Locations BASE REALIGNMENT AND CLOSURE 150,640 150,640 Subtotal Base Realignment and Closure—Army 150,640 150,640 BASE REALIGNMENT AND CLOSURE, NAVY Worldwide Unspecified BRAC, Navy Unspecified Worldwide Locations BASE REALIGNMENT AND CLOSURE 108,818 108,818 Subtotal Base Realignment and Closure—Navy 108,818 108,818 BASE REALIGNMENT AND CLOSURE, AIR FORCE Worldwide Unspecified BRAC, Air Force Unspecified Worldwide Locations BASE REALIGNMENT AND CLOSURE 123,990 123,990 Subtotal Base Realignment and Closure—Air Force 123,990 123,990 BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE Worldwide Unspecified BRAC, Defense-Wide Unspecified Worldwide Locations INT–4: DLA ACTIVITIES 5,726 5,726 Subtotal Base Realignment and Closure—Defense-Wide 5,726 5,726 TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 389,174 389,174 TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 16,674,944 16,674,944", "id": "id3f3ae32c", "header": "MILITARY CONSTRUCTION", "nested": [], "links": [] }, { "text": "4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS \nSEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) Program FY 2024 Request Senate Authorized Discretionary Summary by Appropriation Energy and Water Development and Related Agencies Appropriation Summary: Energy Programs Nuclear Energy 177,733 177,733 Atomic Energy Defense Activities National Nuclear Security Administration: Weapons Activities 18,832,947 19,108,947 Defense Nuclear Nonproliferation 2,508,959 2,483,959 Naval Reactors 1,964,100 1,964,100 Federal Salaries and Expenses 538,994 538,994 Total, National Nuclear Security Administration 23,845,000 24,096,000 Defense Environmental Cleanup 7,073,587 7,073,587 Defense Uranium Enrichment D&D 427,000 0 Other Defense Activities 1,075,197 1,075,197 Total, Atomic Energy Defense Activities 32,420,784 32,244,784 Total, Discretionary Funding 32,598,517 32,422,517 Nuclear Energy Safeguards and security 177,733 177,733 Total, Nuclear Energy 177,733 177,733 National Nuclear Security Administration Weapons Activities Stockpile management Stockpile major modernization B61 Life extension program 449,850 449,850 W88 Alteration program 178,823 178,823 W80–4 Life extension program 1,009,929 1,009,929 W80–4 ALT Nuclear-armed sea-launched cruise missile 0 75,000 Program increase (75,000) W87–1 Modification Program 1,068,909 1,068,909 W93 389,656 389,656 Subtotal, Stockpile major modernization 3,097,167 3,172,167 Stockpile sustainment 1,276,578 1,276,578 Weapons dismantlement and disposition 53,718 53,718 Production operations 710,822 710,822 Nuclear enterprise assurance 66,614 66,614 Total, Stockpile management 5,204,899 5,279,899 Production Modernization Primary Capability Modernization Plutonium Modernization Los Alamos Plutonium Modernization Los Alamos Plutonium Operations 833,100 833,100 21–D–512 Plutonium Pit Production Project, LANL 670,000 670,000 15–D–302 TA–55 Reinvestments Project, Phase 3, LANL 30,000 30,000 07–D–220-04 Transuranic Liquid Waste Facility, LANL 0 0 04–D–125 Chemistry and Metallurgy Research Replacement Project, LANL 227,122 227,122 Subtotal, Los Alamos Plutonium Modernization 1,760,222 1,760,222 Savannah River Plutonium Modernization Savannah River Plutonium Operations 62,764 62,764 21–D–511 Savannah River Plutonium Processing Facility, SRS 858,235 858,235 Subtotal, Savannah River Plutonium Modernization 920,999 920,999 Enterprise Plutonium Support 87,779 87,779 Total, Plutonium Modernization 2,769,000 2,769,000 High Explosives & Energetics High Explosives & Energetics 93,558 93,558 23–D–516 Energetic Materials Characterization Facility, LANL 0 19,000 Restore project (19,000) 21–D–510 HE Synthesis, Formulation, and Production, PX 0 110,000 Restore project (110,000) 15–D–301 HE Science & Engineering Facility, PX 101,356 101,356 Subtotal, High Explosives & Energetics 194,914 323,914 Total, Primary Capability Modernization 2,963,914 3,092,914 Secondary Capability Modernization Secondary Capability Modernization 666,914 666,914 18–D–690 Lithium Processing Facility, Y–12 210,770 210,770 06–D–141 Uranium Processing Facility, Y–12 760,000 760,000 Total, Secondary Capability Modernization 1,637,684 1,637,684 Tritium and Domestic Uranium Enrichment Tritium and Domestic Uranium Enrichment 592,992 592,992 18–D–650 Tritium Finishing Facility, SRS 0 0 Total, Tritium and Domestic Uranium Enrichment 592,992 592,992 Non-Nuclear Capability Modernization Non-Nuclear Capability Modernization 166,990 166,990 22–D–513 Power Sources Capability, SNL 37,886 37,886 Total, Non-Nuclear Capability Modernization 204,876 204,876 Capability Based Investments 156,462 156,462 Total, Production Modernization 5,555,928 5,684,928 Stockpile research, technology, and engineering Assessment Science Assessment Science 917,751 926,751 Program increase for Krypton Fluoride laser (9,000) 14–D–640 U1a Complex Enhancements Project, NNSS 126,570 126,570 Total, Assessment Science 1,044,321 1,053,321 Engineering and integrated assessments 440,456 440,456 Inertial confinement fusion 601,650 641,650 Program increase (40,000) Advanced simulation and computing 782,472 792,472 Program increase (10,000) Weapon technology and manufacturing maturation 327,745 327,745 Academic programs 152,271 152,271 Total, Stockpile research, technology, and engineering 3,348,915 3,407,915 Infrastructure and operations Operating Operations of facilities 1,053,000 1,053,000 Safety and Environmental Operations 139,114 139,114 Maintenance and Repair of Facilities 718,000 718,000 Recapitalization Infrastructure and Safety 650,012 650,012 Subtotal, Recapitalization 650,012 650,012 Total, Operating 2,560,126 2,560,126 Mission enabling construction 22–D–510 Analytic Gas Laboratory, PX 35,000 35,000 22–D–511 Plutonium Production Building, LANL 48,500 48,500 22–D–512 TA–46 Protective Force Facility, LANL 48,500 48,500 22–D–517 Electrical Power Capacity Upgrade, LANL 75,000 75,000 22–D–518 Plutonium Modernization Ops & Waste Mngmt Office Bldg, LANL 0 0 23–D–519 Special Material Facility, Y–12 0 0 Total, Mission enabling construction 207,000 207,000 Total, Infrastructure and operations 2,767,126 2,767,126 Secure transportation asset Operations and equipment 239,008 239,008 Program direction 118,056 118,056 Total, Secure transportation asset 357,064 357,064 Defense nuclear security Operations and maintenance 988,756 991,756 Program increase (3,000) Construction: 17–D–710 West End Protected Area Reduction Project, Y–12 28,000 38,000 Program increase (10,000) Subtotal, Construction 28,000 38,000 Total, Defense nuclear security 1,016,756 1,029,756 Information technology and cybersecurity 578,379 578,379 Legacy contractor pensions 65,452 65,452 Total, Weapons Activities 18,894,519 19,170,519 Adjustments Use of prior year balances –61,572 –61,572 Total, Adjustments –61,572 –61,572 Total, Weapons Activities 18,832,947 19,108,947 Defense Nuclear Nonproliferation Material Management and Minimization Conversion (formerly HEU Reactor Conversion) 116,675 116,675 Nuclear material removal 47,100 47,100 Material disposition 282,250 282,250 Total, Material Management and Minimization 446,025 446,025 Global Material Security International nuclear security 84,707 84,707 Radiological security 258,033 258,033 Nuclear smuggling detection and deterrence 181,308 181,308 Total, Global Material Security 524,048 524,048 Nonproliferation and Arms Control 212,358 212,358 Defense Nuclear Nonproliferation R&D Proliferation detection 290,388 290,388 Nonproliferation stewardship program 107,437 107,437 Nuclear detonation detection 285,603 285,603 Forensics R&D 44,759 44,759 Nonproliferation fuels development 0 0 Total, Defense Nuclear Nonproliferation R&D 728,187 728,187 Nonproliferation Construction: 18–D–150 Surplus Plutonium Disposition Project, SRS 77,211 77,211 Total, Nonproliferation Construction 77,211 77,211 NNSA Bioassurance Program 25,000 0 Program reduction (–25,000) Legacy contractor pensions 22,587 22,587 Nuclear Counterterrorism and Incident Response Program Emergency Operations 19,123 19,123 Counterterrorism and Counterproliferation 474,420 474,420 Total, Nuclear Counterterrorism and Incident Response Program 493,543 493,543 Subtotal, Defense Nuclear Nonproliferation 2,528,959 2,503,959 Adjustments Use of prior year balances –20,000 –20,000 Total, Adjustments –20,000 –20,000 Total, Defense Nuclear Nonproliferation 2,508,959 2,483,959 Naval Reactors Naval reactors development 838,340 838,340 Columbia-Class reactor systems development 52,900 52,900 S8G Prototype refueling 0 0 Naval reactors operations and infrastructure 712,036 712,036 Program direction 61,540 61,540 Construction: 22–D–533 BL Component Test Complex 0 0 22–D–531 KL Chemistry & Radiological Health Building 10,400 10,400 21–D–530 KL Steam and Condensate Upgrade 53,000 53,000 14–D–901 Spent Fuel Handling Recapitalization Project, NRF 199,300 199,300 24–D–530 NRF Medical Science Complex 36,584 36,584 Total, Construction 299,284 262,700 Total, Naval Reactors 1,964,100 1,964,100 Federal Salaries and Expenses Program direction 538,994 538,994 Use of prior year balances 0 0 Total, Federal Salaries and Expenses 538,994 538,994 TOTAL, National Nuclear Security Administration 23,845,000 24,096,000 Defense Environmental Cleanup Closure sites administration 3,023 3,023 Richland River corridor and other cleanup operations 180,000 180,000 Central plateau remediation 684,289 684,289 Richland community and regulatory support 10,100 10,100 18–D–404 Modification of Waste Encapsulation and Storage Facility 0 0 22–D–401 L–888 Eastern Plateau Fire Station 7,000 7,000 22–D–402 L–897 200 Area Water Treatment Facility 11,200 11,200 23–D–404 181D Export Water System Reconfiguration and Upgrade 27,149 27,149 23–D–405 181B Export Water System Reconfiguration and Upgrade 462 462 24–D–401 Environmental Restoration Disposal Facility Supercell 11 Expans Proj 1,000 1,000 Total, Richland 921,200 921,200 Office of River Protection: Waste Treatment Immobilization Plant Commissioning 466,000 466,000 Rad liquid tank waste stabilization and disposition 813,625 813,625 Construction: 23–D–403 Hanford 200 West Area Tank Farms Risk Management Project 15,309 15,309 15–D–409 Low Activity Waste Pretreatment System 60,000 60,000 18–D–16 Waste Treatment and Immobilization Plant—LBL/Direct feed LAW 0 0 01–D–16D High-Level Waste Facility 600,000 600,000 01–D–16E Pretreatment Facility 20,000 20,000 Subtotal, Construction 695,309 695,309 ORP Low-level waste offsite disposal 0 0 Total, Office of River Protection 1,974,934 1,974,934 Idaho National Laboratory: Idaho cleanup and waste disposition 377,623 377,623 Idaho community and regulatory support 2,759 2,759 Construction: 22–D–403 Idaho Spent Nuclear Fuel Staging Facility 10,159 10,159 22–D–404 Addl ICDF Landfill Disposal Cell and Evaporation Ponds Project 46,500 46,500 22–D–402 Calcine Construction 10,000 10,000 Subtotal, Construction 66,659 66,659 Total, Idaho National Laboratory 447,041 447,041 NNSA sites and Nevada off-sites Lawrence Livermore National Laboratory 1,879 1,879 LLNL Excess Facilities D&D 20,195 20,195 Separations Processing Research Unit 15,300 15,300 Nevada Test Site 61,952 61,952 Sandia National Laboratory 2,264 2,264 Los Alamos National Laboratory 273,831 273,831 Los Alamos Excess Facilities D&D 13,648 13,648 Total, NNSA sites and Nevada off-sites 389,069 389,069 Oak Ridge Reservation: OR Nuclear Facility D&D 335,000 335,000 U233 Disposition Program 55,000 55,000 OR cleanup and waste disposition 72,000 72,000 Construction: 14–D–403 Outfall 200 Mercury Treatment Facility 10,000 10,000 17–D–401 On-site Waste Disposal Facility 24,500 24,500 Subtotal, Construction 34,500 34,500 OR community & regulatory support 5,500 5,500 OR technology development and deployment 3,000 3,000 Total, Oak Ridge Reservation 505,000 505,000 Savannah River Site: Savannah River risk management operations 453,109 453,109 Savannah River legacy pensions 65,898 65,898 Savannah River community and regulatory support 12,389 12,389 Savannah River National Laboratory O&M 42,000 42,000 Construction: 20-D–401 Saltstone Disposal Unit #10, 11, 12 56,250 56,250 19–D–701 SR Security Systems Replacement 0 0 18–D–401 Saltstone Disposal Unit #8, 9 31,250 31,250 18–D–402 Emergency Operations Center Replacement, SR 34,733 34,733 Subtotal, Construction 122,233 122,233 Radioactive liquid tank waste stabilization 880,323 880,323 Total, Savannah River Site 1,575,952 1,575,952 Waste Isolation Pilot Plant Waste Isolation Pilot Plant 369,961 369,961 Construction: 15–D–411 Safety Significant Confinement Ventilation System, WIPP 44,365 44,365 15–D–412 Utility Shaft, WIPP 50,000 50,000 Total, Construction 94,365 94,365 Total, Waste Isolation Pilot Plant 464,326 464,326 Program direction—Defense Environmental Cleanup 326,893 326,893 Program support—Defense Environmental Cleanup 103,504 103,504 Safeguards and Security—Defense Environmental Cleanup 332,645 332,645 Technology development and deployment 30,000 30,000 Subtotal, Defense Environmental Cleanup 7,073,587 7,073,587 TOTAL, Defense Environmental Cleanup 7,073,587 7,073,587 Defense Uranium Enrichment D&D 427,000 0 Program reduction (–427,000) Other Defense Activities Environment, health, safety and security Environment, health, safety and security mission support 144,705 144,705 Program direction 86,558 86,558 Total, Environment, health, safety and security 231,263 231,263 Office of Enterprise Assessments Enterprise assessments 30,022 30,022 Program direction 64,132 64,132 Total, Office of Enterprise Assessments 94,154 94,154 Specialized security activities 345,330 345,330 Legacy Management Legacy Management Activities—Defense 173,681 173,681 Program Direction 22,621 22,621 Total, Legacy Management 196,302 196,302 Defense-Related Administrative Support 203,649 203,649 Office of Hearings and Appeals 4,499 4,499 Subtotal, Other Defense Activities 1,075,197 1,075,197 Use of prior year balances 0 0 Total, Other Defense Activities 1,075,197 1,075,197", "id": "id777e29af", "header": "DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS", "nested": [], "links": [] }, { "text": "5131. Inventory of C–130 aircraft \n(a) Minimum inventory requirement \nSection 146(a)(3)(B) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2455) is amended by striking 2023 and inserting 2024. (b) Prohibition on reduction of C–130 aircraft assigned to National Guard \nSection 146(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2455) is amended by striking fiscal year 2023 and inserting fiscal years 2023 and 2024.", "id": "idcbc7101f3ee549d08bad1c0c6a41f38c", "header": "Inventory of C–130 aircraft", "nested": [ { "text": "(a) Minimum inventory requirement \nSection 146(a)(3)(B) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2455) is amended by striking 2023 and inserting 2024.", "id": "ide51599599c2a482891f1307287efdb71", "header": "Minimum inventory requirement", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(b) Prohibition on reduction of C–130 aircraft assigned to National Guard \nSection 146(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 2455) is amended by striking fiscal year 2023 and inserting fiscal years 2023 and 2024.", "id": "idbe3aa9f8e0b6447383bc5c060bb450ca", "header": "Prohibition on reduction of C–130 aircraft assigned to National Guard", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] } ], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "5132. Extension of prohibition on certain reductions to B–1 bomber aircraft squadrons \nSection 133(c)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1574) is amended by striking September 30, 2023 and inserting September 30, 2026.", "id": "id6faf8755c039487faa22db459f939a61", "header": "Extension of prohibition on certain reductions to B–1 bomber aircraft squadrons", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "5133. Prohibition on divestment of F–15E aircraft \nNone of the funds authorized to be appropriated by this Act for any of fiscal years 2024 through 2029 may be obligated or expended to divest any F–15E aircraft.", "id": "id6beb8b0baf3c4625b34e81e3cd0c8d8e", "header": "Prohibition on divestment of F–15E aircraft", "nested": [], "links": [] }, { "text": "5201. Application of public-private talent exchange programs in the Department of Defense to quantum information sciences and technology research \nIn carrying out section 1599g of title 10, United States Code, the Secretary of Defense may establish public-private exchange programs, each with up to 10 program participants, focused on private sector entities working on quantum information sciences and technology research applications.", "id": "id67F3598AA64B4B0DB985AC5FBD8F161A", "header": "Application of public-private talent exchange programs in the Department of Defense to quantum information sciences and technology research", "nested": [], "links": [] }, { "text": "5202. Briefing on Science, Mathematics, and Research for Transformation (SMART) Defense Education Program \nNot later than three years after the date of the enactment of this Act, the Secretary of Defense shall provide Congress with a briefing on participation and use of the program under section 4093 of title 10, United States Code, with a particular focus on levels of interest from students engaged in studying quantum fields.", "id": "H273A508F2ED3498B872D6428DD22E209", "header": "Briefing on Science, Mathematics, and Research for Transformation (SMART) Defense Education Program", "nested": [], "links": [] }, { "text": "5203. Improvements to defense quantum information science and technology research and development program \n(a) Fellowship program authorized \nSection 234 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4001 note) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): (f) Fellowships \n(1) Program authorized \nIn carrying out the program required by subsection (a) and subject to the availability of appropriations to carry out this subsection, the Secretary may carry out a program of fellowships in quantum information science and technology research and development for individuals who have a graduate or post-graduate degree. (2) Equal access \nIn carrying out the program under paragraph (1), the Secretary may establish procedures to ensure that minority, geographically diverse, and economically disadvantaged students have equal access to fellowship opportunities under such program.. (b) Multidisciplinary partnerships with universities \nSuch section is further amended— (1) by redesignating subsection (g), as redesignated by subsection (a)(1), as subsection (h); and (2) by inserting after subsection (f), as added by subsection (a)(2), the following new subsection (g): (g) Multidisciplinary partnerships with universities \nIn carrying out the program under subsection (a), the Secretary of Defense may develop partnerships with universities to enable students to engage in multidisciplinary courses of study..", "id": "idF7C4266C650F42179B3295D63704A2F0", "header": "Improvements to defense quantum information science and technology research and development program", "nested": [ { "text": "(a) Fellowship program authorized \nSection 234 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4001 note) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): (f) Fellowships \n(1) Program authorized \nIn carrying out the program required by subsection (a) and subject to the availability of appropriations to carry out this subsection, the Secretary may carry out a program of fellowships in quantum information science and technology research and development for individuals who have a graduate or post-graduate degree. (2) Equal access \nIn carrying out the program under paragraph (1), the Secretary may establish procedures to ensure that minority, geographically diverse, and economically disadvantaged students have equal access to fellowship opportunities under such program..", "id": "id79FCD469AF584CC3AF961610DCE6AB5F", "header": "Fellowship program authorized", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "10 U.S.C. 4001", "legal-doc": "usc", "parsable-cite": "usc/10/4001" } ] }, { "text": "(b) Multidisciplinary partnerships with universities \nSuch section is further amended— (1) by redesignating subsection (g), as redesignated by subsection (a)(1), as subsection (h); and (2) by inserting after subsection (f), as added by subsection (a)(2), the following new subsection (g): (g) Multidisciplinary partnerships with universities \nIn carrying out the program under subsection (a), the Secretary of Defense may develop partnerships with universities to enable students to engage in multidisciplinary courses of study..", "id": "id9E02CC03B9134957BC6B17D1725717F8", "header": "Multidisciplinary partnerships with universities", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "10 U.S.C. 4001", "legal-doc": "usc", "parsable-cite": "usc/10/4001" } ] }, { "text": "5204. Improvements to National Quantum Initiative Program \n(a) Involvement of Department of Defense and intelligence community in National Quantum Initiative Advisory Committee \n(1) Qualifications \nSubsection (b) of section 104 of the National Quantum Initiative Act ( 15 U.S.C. 8814 ) is amended by striking and Federal laboratories and inserting Federal laboratories, and intelligence researchers. (2) Integration \nSuch section is amended— (A) by redesignating subsections (e) through (g) as subsection (f) through (h), respectively; and (B) by inserting after subsection (d) the following new subsection (e): (e) Integration of Department of Defense and intelligence community \nThe Advisory Committee shall take such actions as may be necessary, including by modifying policies and procedures of the Advisory Committee, to ensure the full integration of the Department of Defense and the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) in activities of the Advisory Committee.. (b) Clarification of purpose of Multidisciplinary Centers for Quantum Research and Education \nSection 302(c) of the National Quantum Initiative Act ( 15 U.S.C. 8842(c) ) is amended— (1) in paragraph (2), by striking ; and and inserting a semicolon; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) encouraging workforce collaboration, both with private industry and among Federal entities, including Department of Defense components and the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )).. (c) Coordination of National Quantum Information Science Research Centers \nSection 402(d) of the National Quantum Initiative Act ( 15 U.S.C. 8852(d) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph (2): (2) other research entities of the Federal government, including research entities in the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ));. (d) National Quantum Coordination Office, collaboration when reporting to Congress \nSection 102 of the National Quantum Initiative Act ( 15 U.S.C. 8812 ) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): (c) Collaboration when reporting to Congress \nThe Coordination Office shall ensure that when participants in the National Quantum Initiative Program prepare and submit reports to Congress that they do so in collaboration with each other and as appropriate Federal civilian, defense, and intelligence research entities.. (e) Reporting to additional committees of Congress \nParagraph (2) of section 2 of such Act ( 15 U.S.C. 8801 ) is amended to read as follows: (2) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives..", "id": "idB431B2B670E4447AB2373C18C6D2A041", "header": "Improvements to National Quantum Initiative Program", "nested": [ { "text": "(a) Involvement of Department of Defense and intelligence community in National Quantum Initiative Advisory Committee \n(1) Qualifications \nSubsection (b) of section 104 of the National Quantum Initiative Act ( 15 U.S.C. 8814 ) is amended by striking and Federal laboratories and inserting Federal laboratories, and intelligence researchers. (2) Integration \nSuch section is amended— (A) by redesignating subsections (e) through (g) as subsection (f) through (h), respectively; and (B) by inserting after subsection (d) the following new subsection (e): (e) Integration of Department of Defense and intelligence community \nThe Advisory Committee shall take such actions as may be necessary, including by modifying policies and procedures of the Advisory Committee, to ensure the full integration of the Department of Defense and the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) in activities of the Advisory Committee..", "id": "idd13af2e235ff4abd9e8572e2905b4b87", "header": "Involvement of Department of Defense and intelligence community in National Quantum Initiative Advisory Committee", "nested": [], "links": [ { "text": "15 U.S.C. 8814", "legal-doc": "usc", "parsable-cite": "usc/15/8814" }, { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "(b) Clarification of purpose of Multidisciplinary Centers for Quantum Research and Education \nSection 302(c) of the National Quantum Initiative Act ( 15 U.S.C. 8842(c) ) is amended— (1) in paragraph (2), by striking ; and and inserting a semicolon; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) encouraging workforce collaboration, both with private industry and among Federal entities, including Department of Defense components and the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ))..", "id": "idECF0B36854BE4F4A872F5C1B178DC33E", "header": "Clarification of purpose of Multidisciplinary Centers for Quantum Research and Education", "nested": [], "links": [ { "text": "15 U.S.C. 8842(c)", "legal-doc": "usc", "parsable-cite": "usc/15/8842" }, { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "(c) Coordination of National Quantum Information Science Research Centers \nSection 402(d) of the National Quantum Initiative Act ( 15 U.S.C. 8852(d) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph (2): (2) other research entities of the Federal government, including research entities in the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ));.", "id": "idA2308AFEDCFE46838F3B2C05071A115F", "header": "Coordination of National Quantum Information Science Research Centers", "nested": [], "links": [ { "text": "15 U.S.C. 8852(d)", "legal-doc": "usc", "parsable-cite": "usc/15/8852" }, { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "(d) National Quantum Coordination Office, collaboration when reporting to Congress \nSection 102 of the National Quantum Initiative Act ( 15 U.S.C. 8812 ) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): (c) Collaboration when reporting to Congress \nThe Coordination Office shall ensure that when participants in the National Quantum Initiative Program prepare and submit reports to Congress that they do so in collaboration with each other and as appropriate Federal civilian, defense, and intelligence research entities..", "id": "idE2DA844EAEE54AA7BC2AE3200F9A5CBF", "header": "National Quantum Coordination Office, collaboration when reporting to Congress", "nested": [], "links": [ { "text": "15 U.S.C. 8812", "legal-doc": "usc", "parsable-cite": "usc/15/8812" } ] }, { "text": "(e) Reporting to additional committees of Congress \nParagraph (2) of section 2 of such Act ( 15 U.S.C. 8801 ) is amended to read as follows: (2) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives..", "id": "id222E0772FF2B48EBB94FC19F47E28C93", "header": "Reporting to additional committees of Congress", "nested": [], "links": [ { "text": "15 U.S.C. 8801", "legal-doc": "usc", "parsable-cite": "usc/15/8801" } ] } ], "links": [ { "text": "15 U.S.C. 8814", "legal-doc": "usc", "parsable-cite": "usc/15/8814" }, { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" }, { "text": "15 U.S.C. 8842(c)", "legal-doc": "usc", "parsable-cite": "usc/15/8842" }, { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" }, { "text": "15 U.S.C. 8852(d)", "legal-doc": "usc", "parsable-cite": "usc/15/8852" }, { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" }, { "text": "15 U.S.C. 8812", "legal-doc": "usc", "parsable-cite": "usc/15/8812" }, { "text": "15 U.S.C. 8801", "legal-doc": "usc", "parsable-cite": "usc/15/8801" } ] }, { "text": "5205. Annual review of status of implementation plan for digital engineering career tracks \n(a) Annual review and report required \nNot less frequently than once each year until December 31, 2029, the Secretary of Defense shall— (1) conduct an internal review of the status of the implementation of the plan submitted pursuant to section 230(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. note prec. 501); and (2) submit to the congressional defense committees— (A) a summary of the status described in paragraph (1); (B) a report on the findings of the Secretary with respect to the most recent review conducted pursuant to such paragraph; and (C) a plan for how the Department of Defense will plan for digital engineering personnel needs in the coming years. (b) Consideration \nThe review conducted pursuant to subsection (a)(1) shall include consideration of the rapid rate of technological change in data science and machine learning.", "id": "id805d10d13cd949e881cf8e03a91935fa", "header": "Annual review of status of implementation plan for digital engineering career tracks", "nested": [ { "text": "(a) Annual review and report required \nNot less frequently than once each year until December 31, 2029, the Secretary of Defense shall— (1) conduct an internal review of the status of the implementation of the plan submitted pursuant to section 230(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. note prec. 501); and (2) submit to the congressional defense committees— (A) a summary of the status described in paragraph (1); (B) a report on the findings of the Secretary with respect to the most recent review conducted pursuant to such paragraph; and (C) a plan for how the Department of Defense will plan for digital engineering personnel needs in the coming years.", "id": "ide199f1cde88042bf852569654ab5fc86", "header": "Annual review and report required", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" } ] }, { "text": "(b) Consideration \nThe review conducted pursuant to subsection (a)(1) shall include consideration of the rapid rate of technological change in data science and machine learning.", "id": "id167c2894f1e2466cadcc85af80b5d8ce", "header": "Consideration", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" } ] }, { "text": "5206. Rapid response to emergent technology advancements or threats \n(a) Authorities \nUpon approval by the Secretary of Defense of a determination described in subsection (b), the Secretary of a military department may use the rapid acquisition and funding authorities established pursuant to section 3601 of title 10, United States Code, to initiate urgent or emerging operational development activities for a period of up to one year, in order to— (1) leverage an emergent technological advancement of value to the national defense to address a military service-specific need; or (2) provide a rapid response to an emerging threat identified by a military service. (b) Determination \nA determination described in this subsection is a determination by the Secretary of a military department submitted in writing to the Secretary of Defense that provides the following: (1) Identification of a compelling urgent or emergency national security need to immediately initiate development activity in anticipation of a programming or budgeting action, in order to leverage an emergent technological advancement or provide a rapid response to an emerging threat. (2) Justification for why the effort cannot be delayed until the next submission of the budget of the President (under section 1105(a) of title 31, United States Code) without harming the national defense. (3) Funding is identified for the effort in the current fiscal year to initiative the activity. (4) An appropriate acquisition pathway and programmed funding for transition to continued development, integration, or sustainment is identified to on-ramp this activity within two years. (c) Additional procedures \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall amend the procedures for the rapid acquisition and deployment of capabilities needed in response to urgent operational needs prescribed pursuant to such section 3601 to carry out this section. Such updated procedures shall be provided to the congressional defense committees concurrently with the promulgation to the rest of the Department of Defense. (2) Requirements to be included \nThe procedures amended under paragraph (1) shall include the following requirements: (A) Funding \n(i) Subject to clause (ii), in any fiscal year in which a determination described in subsection (b) is made, the Secretary of the military department making the determination may initiate the activities authorized under subsection (a) using any funds available to the Secretary for such fiscal year for— (I) procurement; or (II) research, development, test, and evaluation. (ii) The total cost of all developmental activities within the Department of Defense, funded under this section, may not exceed $100,000,000 for any fiscal year. (B) Waiver authority \n(i) Subject to clause (ii), the Secretary of the military department making a determination under subsection (b) may issue a waiver under subsection (d) of such section 3601. (ii) Chapter 221 of title 10, United States Code, may not be waived pursuant to clause (i). (C) Transition \n(i) Any acquisition initiated under subsection (a) shall transition to an appropriate acquisition pathway for transition and integration of the development activity, or be transitioned to a newly established program element or procurement line for completion of such activity. (ii) (I) Transition shall be completed within one year of initiation, but may be extended one time only at the discretion of the Secretary of the military department for one additional year. (II) In the event an extension determination is made under subclause (I), the affected Secretary of the military department shall submit to the congressional defense committees, not later than 30 days before the extension takes effect, written notification of the extension with a justification for the extension. (3) Submittal to Congress \nConcurrent with promulgation to the Department of the amendments to the procedures under paragraph (1), the Secretary shall submit to the congressional defense committees the procedures update by such amendments. (d) Congressional notification \nWithin 15 days after the Secretary of Defense approves a determination described in subsection (b), the Secretary of the military department making the determination shall provide written notification of such determination to the congressional defense committees following the procedures for notification in subsections (c)(4)(D) and (c)(4)(F) of such section 3601. A notice under this subsection shall be sufficient to fulfill any requirement to provide notification to Congress for a new start program.", "id": "idc9c07d085fe24c238afc84ee3c131016", "header": "Rapid response to emergent technology advancements or threats", "nested": [ { "text": "(a) Authorities \nUpon approval by the Secretary of Defense of a determination described in subsection (b), the Secretary of a military department may use the rapid acquisition and funding authorities established pursuant to section 3601 of title 10, United States Code, to initiate urgent or emerging operational development activities for a period of up to one year, in order to— (1) leverage an emergent technological advancement of value to the national defense to address a military service-specific need; or (2) provide a rapid response to an emerging threat identified by a military service.", "id": "idc74d0a713aa545fb97e814e382a6e341", "header": "Authorities", "nested": [], "links": [] }, { "text": "(b) Determination \nA determination described in this subsection is a determination by the Secretary of a military department submitted in writing to the Secretary of Defense that provides the following: (1) Identification of a compelling urgent or emergency national security need to immediately initiate development activity in anticipation of a programming or budgeting action, in order to leverage an emergent technological advancement or provide a rapid response to an emerging threat. (2) Justification for why the effort cannot be delayed until the next submission of the budget of the President (under section 1105(a) of title 31, United States Code) without harming the national defense. (3) Funding is identified for the effort in the current fiscal year to initiative the activity. (4) An appropriate acquisition pathway and programmed funding for transition to continued development, integration, or sustainment is identified to on-ramp this activity within two years.", "id": "ide619378e5bfb45e6bc8c0494a03e9410", "header": "Determination", "nested": [], "links": [] }, { "text": "(c) Additional procedures \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall amend the procedures for the rapid acquisition and deployment of capabilities needed in response to urgent operational needs prescribed pursuant to such section 3601 to carry out this section. Such updated procedures shall be provided to the congressional defense committees concurrently with the promulgation to the rest of the Department of Defense. (2) Requirements to be included \nThe procedures amended under paragraph (1) shall include the following requirements: (A) Funding \n(i) Subject to clause (ii), in any fiscal year in which a determination described in subsection (b) is made, the Secretary of the military department making the determination may initiate the activities authorized under subsection (a) using any funds available to the Secretary for such fiscal year for— (I) procurement; or (II) research, development, test, and evaluation. (ii) The total cost of all developmental activities within the Department of Defense, funded under this section, may not exceed $100,000,000 for any fiscal year. (B) Waiver authority \n(i) Subject to clause (ii), the Secretary of the military department making a determination under subsection (b) may issue a waiver under subsection (d) of such section 3601. (ii) Chapter 221 of title 10, United States Code, may not be waived pursuant to clause (i). (C) Transition \n(i) Any acquisition initiated under subsection (a) shall transition to an appropriate acquisition pathway for transition and integration of the development activity, or be transitioned to a newly established program element or procurement line for completion of such activity. (ii) (I) Transition shall be completed within one year of initiation, but may be extended one time only at the discretion of the Secretary of the military department for one additional year. (II) In the event an extension determination is made under subclause (I), the affected Secretary of the military department shall submit to the congressional defense committees, not later than 30 days before the extension takes effect, written notification of the extension with a justification for the extension. (3) Submittal to Congress \nConcurrent with promulgation to the Department of the amendments to the procedures under paragraph (1), the Secretary shall submit to the congressional defense committees the procedures update by such amendments.", "id": "id4897c82abc3c4a609e9ed47045f00e71", "header": "Additional procedures", "nested": [], "links": [ { "text": "Chapter 221", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/221" } ] }, { "text": "(d) Congressional notification \nWithin 15 days after the Secretary of Defense approves a determination described in subsection (b), the Secretary of the military department making the determination shall provide written notification of such determination to the congressional defense committees following the procedures for notification in subsections (c)(4)(D) and (c)(4)(F) of such section 3601. A notice under this subsection shall be sufficient to fulfill any requirement to provide notification to Congress for a new start program.", "id": "idf796cde226a444f299f99a5116227ad6", "header": "Congressional notification", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 221", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/221" } ] }, { "text": "5341. Report by Department of Defense on alternatives to burn pits \nNot later than 60 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to Congress a report on incinerators and waste-to-energy waste disposal alternatives to burn pits.", "id": "H40808F347E3F496AA0FE098CC171A3E4", "header": "Report by Department of Defense on alternatives to burn pits", "nested": [], "links": [] }, { "text": "5631. Modifications to transitional compensation for dependents of members separated for dependent abuse \n(a) Covered punitive actions \nSubsection (b) of section 1059 of title 10, United States Code, is amended— (1) in paragraph (1)(B), by striking ; or and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) who is— (A) convicted of a dependent-abuse offense in a district court of the United States or a State court; and (B) separated from active duty pursuant to a sentence of a court-martial, or administratively separated, voluntarily or involuntarily, from active duty, for an offense other than the dependent-abuse offense.. (b) Commencement of payment \nSubsection (e)(1) of such section is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by inserting after offense the following: or an offense described in subsection (b)(3)(B) ; and (B) in clause (ii), by striking ; and and inserting a semicolon; and (2) in subparagraph (B), by striking (if the basis and all that follows through offense). (c) Definition of dependent child \nSubsection (l) of such section is amended, in the matter preceding paragraph (1)— (1) by striking resulting in the separation of the former member or and inserting referred to in subsection (b) or ; and (2) by striking resulting in the separation of the former member and and inserting and. (d) Delegation of determinations relating to exceptional eligibility \nSubsection (m)(4) of such section is amended to read as follows: (4) The Secretary concerned may delegate the authority under paragraph (1) to authorize eligibility for benefits under this section for dependents and former dependents of a member or former member to the first general or flag officer (or civilian equivalent) in the chain of command of the member..", "id": "idCF9748F7ED314EE3A6C4A1941FBD3609", "header": "Modifications to transitional compensation for dependents of members separated for dependent abuse", "nested": [ { "text": "(a) Covered punitive actions \nSubsection (b) of section 1059 of title 10, United States Code, is amended— (1) in paragraph (1)(B), by striking ; or and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) who is— (A) convicted of a dependent-abuse offense in a district court of the United States or a State court; and (B) separated from active duty pursuant to a sentence of a court-martial, or administratively separated, voluntarily or involuntarily, from active duty, for an offense other than the dependent-abuse offense..", "id": "id76107F917C1E422EA3A470D62BE251C0", "header": "Covered punitive actions", "nested": [], "links": [] }, { "text": "(b) Commencement of payment \nSubsection (e)(1) of such section is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by inserting after offense the following: or an offense described in subsection (b)(3)(B) ; and (B) in clause (ii), by striking ; and and inserting a semicolon; and (2) in subparagraph (B), by striking (if the basis and all that follows through offense).", "id": "idBC0D51C4AA7A4B478C126594CA1277C8", "header": "Commencement of payment", "nested": [], "links": [] }, { "text": "(c) Definition of dependent child \nSubsection (l) of such section is amended, in the matter preceding paragraph (1)— (1) by striking resulting in the separation of the former member or and inserting referred to in subsection (b) or ; and (2) by striking resulting in the separation of the former member and and inserting and.", "id": "id547400049C054C10BC285F5A72AA0371", "header": "Definition of dependent child", "nested": [], "links": [] }, { "text": "(d) Delegation of determinations relating to exceptional eligibility \nSubsection (m)(4) of such section is amended to read as follows: (4) The Secretary concerned may delegate the authority under paragraph (1) to authorize eligibility for benefits under this section for dependents and former dependents of a member or former member to the first general or flag officer (or civilian equivalent) in the chain of command of the member..", "id": "idA97719CBF616445D8BEB800FA0F9D830", "header": "Delegation of determinations relating to exceptional eligibility", "nested": [], "links": [] } ], "links": [] }, { "text": "5632. Report on effect of phase-out of reduction of survivor benefit plan survivor annuities by amount of dependency and indemnity compensation \n(a) In general \nThe Secretary of Defense shall submit to Congress a report on the effect of section 622 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) and the amendments made by such section. (b) Contents \nThe report submitted pursuant to subsection (a) shall include the following: (1) An assessment on the effect that section 622 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) and the amendments made by such section had on beneficiaries and any unintended consequences that were a result of such section or amendments. (2) An evaluation of the authority that the Secretary has in a situation when the Defense Finance Accounting Service cannot verify the eligibility of a spouse and payments are paused for the child. (3) Recommendations for legislative action to ensure the Secretary has the flexibility to make payments under subchapter II of chapter 73 of title 10, United States Code, to dependent children that are under the guardianship of someone other than the surviving spouse. (4) An assessment of the process of the Department for determining eligibility for survivor benefits under subchapter II of chapter 73 of title 10, United States Code, and dependency and indemnity compensation under chapter 13 of title 38, United States Code, and the coordination between the Defense Finance Accounting Service and the Department of Veterans Affairs for such benefits.", "id": "ide61d522078204a0a8a34cb12f8d2b6af", "header": "Report on effect of phase-out of reduction of survivor benefit plan survivor annuities by amount of dependency and indemnity compensation", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall submit to Congress a report on the effect of section 622 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) and the amendments made by such section.", "id": "idf270776e6d284eac8b99fdcd3e0bc179", "header": "In general", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" } ] }, { "text": "(b) Contents \nThe report submitted pursuant to subsection (a) shall include the following: (1) An assessment on the effect that section 622 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) and the amendments made by such section had on beneficiaries and any unintended consequences that were a result of such section or amendments. (2) An evaluation of the authority that the Secretary has in a situation when the Defense Finance Accounting Service cannot verify the eligibility of a spouse and payments are paused for the child. (3) Recommendations for legislative action to ensure the Secretary has the flexibility to make payments under subchapter II of chapter 73 of title 10, United States Code, to dependent children that are under the guardianship of someone other than the surviving spouse. (4) An assessment of the process of the Department for determining eligibility for survivor benefits under subchapter II of chapter 73 of title 10, United States Code, and dependency and indemnity compensation under chapter 13 of title 38, United States Code, and the coordination between the Defense Finance Accounting Service and the Department of Veterans Affairs for such benefits.", "id": "id040dca8b552a4d2eb31af1c242e128f6", "header": "Contents", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "chapter 73", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/73" }, { "text": "chapter 73", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/73" }, { "text": "chapter 13", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/13" } ] } ], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "chapter 73", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/73" }, { "text": "chapter 73", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/73" }, { "text": "chapter 13", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/13" } ] }, { "text": "5701. Expansion of eligibility for hearing aids to include children of certain retired members of the uniformed services \nParagraph (16) of section 1077(a) of title 10, United States Code, is amended to read as follows: (16) Except as provided by subsection (g), a hearing aid, but only if the dependent has a profound hearing loss, as determined under standards prescribed in regulations by the Secretary of Defense in consultation with the administering Secretaries, and only for the following dependents: (A) A dependent of a member of the uniformed services on active duty. (B) A dependent under subparagraph (D) or (I) of section 1072(2) of this title of a former member of the uniformed services who— (i) is entitled to retired or retainer pay, or equivalent pay; and (ii) is enrolled in family coverage under TRICARE Prime..", "id": "id231024828DF14FF5B4146705FFDEDF23", "header": "Expansion of eligibility for hearing aids to include children of certain retired members of the uniformed services", "nested": [], "links": [ { "text": "section 1072(2)", "legal-doc": "usc", "parsable-cite": "usc/26/1072" } ] }, { "text": "5711. Modification of requirement to transfer research and development and public health functions to Defense Health Agency \nSection 720(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 10 U.S.C. 1073c note) is amended, in the matter preceding paragraph (1), by striking February 1, 2024 and inserting February 1, 2025.", "id": "id4fb8b9673e404a20b5d0b2f53ee6054c", "header": "Modification of requirement to transfer research and development and public health functions to Defense Health Agency", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "10 U.S.C. 1073c", "legal-doc": "usc", "parsable-cite": "usc/10/1073c" } ] }, { "text": "5721. Report on military mental health care referral policies \n(a) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report— (1) detailing the mental health care referral policies of the Armed Forces; and (2) the impact of removing primary care referral requirements for outpatient mental health care on— (A) military readiness; (B) the uptake of outpatient mental health care services by members of the Armed Forces; and (C) suicide prevention. (b) Recommendations \nThe report required by subsection (a) shall include recommendations and legislative proposals— (1) to improve resources and access for outpatient mental health care services by members of the Armed Forces; (2) to encourage the uptake of such services by such members; and (3) to maintain military readiness.", "id": "idf3e418704c88427eaaee5d2426355c7e", "header": "Report on military mental health care referral policies", "nested": [ { "text": "(a) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report— (1) detailing the mental health care referral policies of the Armed Forces; and (2) the impact of removing primary care referral requirements for outpatient mental health care on— (A) military readiness; (B) the uptake of outpatient mental health care services by members of the Armed Forces; and (C) suicide prevention.", "id": "idab24b88b78be4de197c9ceb7ee330767", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Recommendations \nThe report required by subsection (a) shall include recommendations and legislative proposals— (1) to improve resources and access for outpatient mental health care services by members of the Armed Forces; (2) to encourage the uptake of such services by such members; and (3) to maintain military readiness.", "id": "idb72e782e25a940668841b7c280e4901c", "header": "Recommendations", "nested": [], "links": [] } ], "links": [] }, { "text": "5722. Comptroller General study on biomedical research and development funded by Department of Defense \n(a) Study \nThe Comptroller General of the United States shall conduct a study on the management by the Department of Defense of biomedical research and development funded by the Department, including a review of— (1) patents for drugs approved by the Food and Drug Administration that were supported with intramural or extramural funding from the Department; (2) requirements of the Department for how grant recipients, contractors, and labs of the Department should disclose support by the Department in patents generated with funding from the Department; and (3) the data systems of the Department for cataloging information about patents generated with funding from the Department. (b) Briefing \nNot later than March 31, 2024, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the study conducted under subsection (a). (c) Report \nNot later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the study conducted under subsection (a).", "id": "idbc39c9d119314af3873e11d1cf64ad1c", "header": "Comptroller General study on biomedical research and development funded by Department of Defense", "nested": [ { "text": "(a) Study \nThe Comptroller General of the United States shall conduct a study on the management by the Department of Defense of biomedical research and development funded by the Department, including a review of— (1) patents for drugs approved by the Food and Drug Administration that were supported with intramural or extramural funding from the Department; (2) requirements of the Department for how grant recipients, contractors, and labs of the Department should disclose support by the Department in patents generated with funding from the Department; and (3) the data systems of the Department for cataloging information about patents generated with funding from the Department.", "id": "id9dfa82defe36429bbe517354a17996e5", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Briefing \nNot later than March 31, 2024, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the study conducted under subsection (a).", "id": "id8e00fc686ada43a0ab519af27deaec9f", "header": "Briefing", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the study conducted under subsection (a).", "id": "id7eb2049f62f2413c89c2c4855370a3fc", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "5723. Report on provision of mental health services via telehealth to members of the Armed Forces and their dependents \nNot later than March 31, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the provision by the Department of Defense of mental health services via telehealth that includes the following: (1) A summary of relevant Federal and State laws and policies of the Department governing the provision of mental health services via telehealth to members of the Armed Forces and their dependents. (2) An explanation of any challenges experienced by members of the Armed Forces and their dependents in receiving continuing care from a provider when assigned to a new State or location outside the United States. (3) An assessment of the value of receiving continuing care from the same mental health provider for various mental health conditions. (4) A description of how the Department accommodates members of the Armed Forces who would benefit from receiving continuing care from a specific mental health provider. (5) Such other matters as the Secretary considers relevant.", "id": "id4eda88fb0121411b8bd5855144cc428f", "header": "Report on provision of mental health services via telehealth to members of the Armed Forces and their dependents", "nested": [], "links": [] }, { "text": "5724. Expansion of doula care furnished by Department of Defense \nThe text of section 706 is hereby deemed to read as follows: 706 Expansion of doula care furnished by Department of Defense \n(a) Expansion of extramedical maternal health providers demonstration project \nSection 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 1073 note) is amended— (1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Coverage of doula care \nThe Secretary may add coverage of labor doula care to the demonstration project, or reimbursement for such care, for all beneficiaries under the TRICARE program, including access— (1) by members of the Armed Forces on active duty; (2) by beneficiaries outside the continental United States; and (3) at military medical treatment facilities.. (b) Hiring of doulas \nThe hiring authority for each military medical treatment facility may hire a team of doulas to work in coordination with lactation support personnel or labor and delivery units at such facility..", "id": "IDd2f8b2e15fe14180b745376fdf23ad25", "header": "Expansion of doula care furnished by Department of Defense", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 1073", "legal-doc": "usc", "parsable-cite": "usc/10/1073" } ] }, { "text": "706 Expansion of doula care furnished by Department of Defense \n(a) Expansion of extramedical maternal health providers demonstration project \nSection 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 1073 note) is amended— (1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Coverage of doula care \nThe Secretary may add coverage of labor doula care to the demonstration project, or reimbursement for such care, for all beneficiaries under the TRICARE program, including access— (1) by members of the Armed Forces on active duty; (2) by beneficiaries outside the continental United States; and (3) at military medical treatment facilities.. (b) Hiring of doulas \nThe hiring authority for each military medical treatment facility may hire a team of doulas to work in coordination with lactation support personnel or labor and delivery units at such facility.", "id": "id9E6E7A6C37524A0FB5400728BBC23D71", "header": "Expansion of doula care furnished by Department of Defense", "nested": [ { "text": "(a) Expansion of extramedical maternal health providers demonstration project \nSection 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 1073 note) is amended— (1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Coverage of doula care \nThe Secretary may add coverage of labor doula care to the demonstration project, or reimbursement for such care, for all beneficiaries under the TRICARE program, including access— (1) by members of the Armed Forces on active duty; (2) by beneficiaries outside the continental United States; and (3) at military medical treatment facilities..", "id": "IDfc0ee5aad9184dc693ae71441eddacb1", "header": "Expansion of extramedical maternal health providers demonstration project", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 1073", "legal-doc": "usc", "parsable-cite": "usc/10/1073" } ] }, { "text": "(b) Hiring of doulas \nThe hiring authority for each military medical treatment facility may hire a team of doulas to work in coordination with lactation support personnel or labor and delivery units at such facility.", "id": "ID856c70732124480db170e27a124d4e20", "header": "Hiring of doulas", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 1073", "legal-doc": "usc", "parsable-cite": "usc/10/1073" } ] }, { "text": "5841. Competition of small business concerns for Department of Defense contracts \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance ensuring that covered small businesses are better able to compete for Department of Defense contracts. (b) Exemptions from capability requirements \n(1) Waiver authority \nThe guidance issued under subsection (a) shall provide that the Department of Defense may waive capability requirements, including the waiver described in paragraph (2), to allow a covered small business that does not otherwise meet such requirements to bid on a contract, provided that it makes the certification described under paragraph (3). (2) Special consideration to provide interim access to classified information for Department of Defense contractors without security clearances \nNotwithstanding section 801 of the National Security Act of 1947 ( 50 U.S.C. 3161 ) and the procedures established pursuant to such section, the Secretary of Defense may issue a waiver providing a covered small business that has not been determined eligible to access classified information pursuant to such procedures interim access to classified information under such terms and conditions as the Secretary considers appropriate. (3) Certification requirement \nIn order to qualify for a waiver under paragraph (1), a covered small business shall certify that it will be able to meet the exempted capability requirements within 180 days after the contract award date. The certification shall include a detailed project and financial plan outlining the tasks to be completed, milestones to be achieved, and resources required. (4) Monitoring and compliance \n(A) In general \nThe contracting officer for a contract awarded pursuant to a waiver under paragraph (1) shall closely monitor the contract performance of the covered small business to ensure that sufficient progress is being made and that any issues that arise are promptly addressed. (B) Failure to meet capability requirements \nIf a covered small business awarded a contract pursuant to a waiver under paragraph (1) fails to meet the requirements promised in the certification required under paragraph (3) within 180 days, the covered small business shall be subject to disqualification from consideration for future contracts of similar scope pursuant to Termination for Default provisions under subpart 49.4 of the Federal Acquisition Regulation. (c) Covered small business defined \nIn this section, the term covered small business means— (1) a nontraditional defense contractor, as that term is defined in section 3014 of title 10, United States Code; (2) a small business concern, as that term is defined in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ); and (3) any other contractor that has not been awarded a Department of Defense contract in the five-year period preceding the solicitation of sources by the Department of Defense.", "id": "id4a11428d2411407f98114326636b7c61", "header": "Competition of small business concerns for Department of Defense contracts", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance ensuring that covered small businesses are better able to compete for Department of Defense contracts.", "id": "ida4f57f12fd74454d9d94fec70c57bb5c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exemptions from capability requirements \n(1) Waiver authority \nThe guidance issued under subsection (a) shall provide that the Department of Defense may waive capability requirements, including the waiver described in paragraph (2), to allow a covered small business that does not otherwise meet such requirements to bid on a contract, provided that it makes the certification described under paragraph (3). (2) Special consideration to provide interim access to classified information for Department of Defense contractors without security clearances \nNotwithstanding section 801 of the National Security Act of 1947 ( 50 U.S.C. 3161 ) and the procedures established pursuant to such section, the Secretary of Defense may issue a waiver providing a covered small business that has not been determined eligible to access classified information pursuant to such procedures interim access to classified information under such terms and conditions as the Secretary considers appropriate. (3) Certification requirement \nIn order to qualify for a waiver under paragraph (1), a covered small business shall certify that it will be able to meet the exempted capability requirements within 180 days after the contract award date. The certification shall include a detailed project and financial plan outlining the tasks to be completed, milestones to be achieved, and resources required. (4) Monitoring and compliance \n(A) In general \nThe contracting officer for a contract awarded pursuant to a waiver under paragraph (1) shall closely monitor the contract performance of the covered small business to ensure that sufficient progress is being made and that any issues that arise are promptly addressed. (B) Failure to meet capability requirements \nIf a covered small business awarded a contract pursuant to a waiver under paragraph (1) fails to meet the requirements promised in the certification required under paragraph (3) within 180 days, the covered small business shall be subject to disqualification from consideration for future contracts of similar scope pursuant to Termination for Default provisions under subpart 49.4 of the Federal Acquisition Regulation.", "id": "idD8025D5171634BF287DCDAC32037E012", "header": "Exemptions from capability requirements", "nested": [], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "(c) Covered small business defined \nIn this section, the term covered small business means— (1) a nontraditional defense contractor, as that term is defined in section 3014 of title 10, United States Code; (2) a small business concern, as that term is defined in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ); and (3) any other contractor that has not been awarded a Department of Defense contract in the five-year period preceding the solicitation of sources by the Department of Defense.", "id": "id660f93b074db48139338b8c570b948a8", "header": "Covered small business defined", "nested": [], "links": [ { "text": "15 U.S.C. 632(a)", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] } ], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" }, { "text": "15 U.S.C. 632(a)", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "5851. Briefing on the redesignation of National Serial Number (NSN) parts as proprietary \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the congressional defense committees identifying which National Serial Number (NSN) parts in the Defense Logistics Agency system have had their designation changed to proprietary over the previous 5 years, including a description of which parts were, or continue to be, produced by small businesses before the proprietary designation was applied, and the justification for the changes in designation.", "id": "id8b4147d987db4d9ca4ee13b325edc901", "header": "Briefing on the redesignation of National Serial Number (NSN) parts as proprietary", "nested": [], "links": [] }, { "text": "6031. Establishing a coordinator for countering Mexico's criminal cartels \n(a) In general \nNot later than 30 days after the date of the enactment of this Act, the President, in consultation with the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, the Attorney General, and the Secretary of the Treasury, shall designate an existing official within the executive branch to serve as senior-level coordinator to coordinate, in conjunction with other relevant agencies, all defense, diplomatic, intelligence, financial, and legal efforts to counter the drug- and human-trafficking activities of Mexico's criminal cartels. (b) Retention of authority \nThe designation of a coordinator under subsection (a) shall not deprive any agency of any authority to independently perform functions of that agency. (c) Quarterly reports \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and every 90 days thereafter through January 31, 2029, the coordinator designated under subsection (a) shall submit to the appropriate committees of Congress a detailed report on the following: (A) Efforts taken during the previous quarter to bolster defense cooperation with the Government of Mexico against Mexico's criminal cartels, and any other activities of the Department of Defense with respect to countering the cartels, including in cooperation with the Government of Mexico or interagency partners. (B) Diplomatic efforts, including numbers of demarches and meetings, taken during the previous quarter to highlight and counter the human rights abuses of Mexico's criminal cartels, including human trafficking, sex trafficking, other exploitation of migrants, endangerment of children, and other abuses. (C) Diplomatic efforts taken during the previous quarter to improve cooperation with the Government of Mexico in countering Mexico's criminal cartels, and a detailed list and assessment of any actions that the Government of Mexico has taken during the previous quarter to counter the cartels. (D) Diplomatic efforts taken during the previous quarter to improve cooperation with partners and allies in countering Mexico’s criminal cartels. (E) Efforts taken during the previous quarter to bolster the screening process at ports of entry to prevent members and associates of Mexico's criminal cartels, and individuals who are working for the cartels, from entering or trafficking drugs, humans, and contraband into the United States. (F) Efforts taken during the previous quarter to encourage the Government of Mexico to improve its screening process along its own ports of entry in order to prevent illicit cash, weapons, and contraband that is destined for Mexico's criminal cartels from entering Mexico. (G) Efforts taken during the previous quarter to investigate and prosecute members and associates of Mexico's criminal cartels, including members and associates operating from within the United States. (H) Efforts taken during the previous quarter to encourage the Government of Mexico to increase its investigation and prosecution of leaders, members, and associates of Mexcio's criminal cartels within Mexico. (I) Efforts taken during the previous quarter to initiate or improve the sharing of intelligence with allies and partners, including the Government of Mexico, for the purpose of countering Mexico’s criminal cartels. (J) Efforts taken during the previous quarter to impose sanctions with respect to— (i) leaders, members, and associates of Mexico's criminal cartels; and (ii) any companies, banks, or other institutions that facilitate the cartels’ human-trafficking, drug-trafficking, and other criminal enterprises. (K) The total number of personnel and resources in the Department of Defense, the Department of State, the Department of Homeland Security, the Department of Justice, and the Department of the Treasury focused on countering Mexico's criminal cartels. (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (d) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Homeland Security, and the Committee on Financial Services of the House of Representatives. (2) Mexico’s criminal cartels \nThe term Mexico’s criminal cartels means the following: (A) Criminal organizations the operations of which include human-trafficking, drug-trafficking, and other types of smuggling operations across the southwest border of the United States and take place largely within Mexico, including the following: (i) The Sinaloa Cartel. (ii) The Jalisco New Generation Cartel. (iii) The Gulf Cartel. (iv) The Los Zetas Cartel. (v) The Northeast Cartel. (vi) The Juarez Cartel. (vii) The Tijuana Cartel. (viii) The Beltran-Leyva Cartel. (ix) The La Familia Michoacana, also known as the Knights Templar Cartel. (x) Las Moicas. (xi) La Empresa Nueva. (xii) MS–13. (xiii) The Medellin Cartel. (B) Any successor organization to an organization described in subparagraph (A).", "id": "id71af6f8dd81c4790bac0f60fa65b6226", "header": "Establishing a coordinator for countering Mexico's criminal cartels", "nested": [ { "text": "(a) In general \nNot later than 30 days after the date of the enactment of this Act, the President, in consultation with the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, the Attorney General, and the Secretary of the Treasury, shall designate an existing official within the executive branch to serve as senior-level coordinator to coordinate, in conjunction with other relevant agencies, all defense, diplomatic, intelligence, financial, and legal efforts to counter the drug- and human-trafficking activities of Mexico's criminal cartels.", "id": "id4f728dec5d88479ca4b16000d1a19c4c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Retention of authority \nThe designation of a coordinator under subsection (a) shall not deprive any agency of any authority to independently perform functions of that agency.", "id": "idedae595b97c64bb686d878503aa89c47", "header": "Retention of authority", "nested": [], "links": [] }, { "text": "(c) Quarterly reports \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and every 90 days thereafter through January 31, 2029, the coordinator designated under subsection (a) shall submit to the appropriate committees of Congress a detailed report on the following: (A) Efforts taken during the previous quarter to bolster defense cooperation with the Government of Mexico against Mexico's criminal cartels, and any other activities of the Department of Defense with respect to countering the cartels, including in cooperation with the Government of Mexico or interagency partners. (B) Diplomatic efforts, including numbers of demarches and meetings, taken during the previous quarter to highlight and counter the human rights abuses of Mexico's criminal cartels, including human trafficking, sex trafficking, other exploitation of migrants, endangerment of children, and other abuses. (C) Diplomatic efforts taken during the previous quarter to improve cooperation with the Government of Mexico in countering Mexico's criminal cartels, and a detailed list and assessment of any actions that the Government of Mexico has taken during the previous quarter to counter the cartels. (D) Diplomatic efforts taken during the previous quarter to improve cooperation with partners and allies in countering Mexico’s criminal cartels. (E) Efforts taken during the previous quarter to bolster the screening process at ports of entry to prevent members and associates of Mexico's criminal cartels, and individuals who are working for the cartels, from entering or trafficking drugs, humans, and contraband into the United States. (F) Efforts taken during the previous quarter to encourage the Government of Mexico to improve its screening process along its own ports of entry in order to prevent illicit cash, weapons, and contraband that is destined for Mexico's criminal cartels from entering Mexico. (G) Efforts taken during the previous quarter to investigate and prosecute members and associates of Mexico's criminal cartels, including members and associates operating from within the United States. (H) Efforts taken during the previous quarter to encourage the Government of Mexico to increase its investigation and prosecution of leaders, members, and associates of Mexcio's criminal cartels within Mexico. (I) Efforts taken during the previous quarter to initiate or improve the sharing of intelligence with allies and partners, including the Government of Mexico, for the purpose of countering Mexico’s criminal cartels. (J) Efforts taken during the previous quarter to impose sanctions with respect to— (i) leaders, members, and associates of Mexico's criminal cartels; and (ii) any companies, banks, or other institutions that facilitate the cartels’ human-trafficking, drug-trafficking, and other criminal enterprises. (K) The total number of personnel and resources in the Department of Defense, the Department of State, the Department of Homeland Security, the Department of Justice, and the Department of the Treasury focused on countering Mexico's criminal cartels. (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.", "id": "id7ca7d1ac67a2487a832aa7d905eedec9", "header": "Quarterly reports", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Homeland Security, and the Committee on Financial Services of the House of Representatives. (2) Mexico’s criminal cartels \nThe term Mexico’s criminal cartels means the following: (A) Criminal organizations the operations of which include human-trafficking, drug-trafficking, and other types of smuggling operations across the southwest border of the United States and take place largely within Mexico, including the following: (i) The Sinaloa Cartel. (ii) The Jalisco New Generation Cartel. (iii) The Gulf Cartel. (iv) The Los Zetas Cartel. (v) The Northeast Cartel. (vi) The Juarez Cartel. (vii) The Tijuana Cartel. (viii) The Beltran-Leyva Cartel. (ix) The La Familia Michoacana, also known as the Knights Templar Cartel. (x) Las Moicas. (xi) La Empresa Nueva. (xii) MS–13. (xiii) The Medellin Cartel. (B) Any successor organization to an organization described in subparagraph (A).", "id": "id57306bad37644b228c409a2abb1e888d", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "6051. Report on food purchasing by the Department of Defense \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives and make publicly available on the website of the Department of Defense a report on the following for each of fiscal years 2018, 2019, 2020, 2021, and 2022: (1) The total dollar amount spent by the Department of Defense on food service operations worldwide for all personnel, contractors, and families, including all food service provided at or through— (A) all facilities, such as combat operations, military posts, medical facilities; (B) all vessels (air, land, and sea); (C) all entertainment and hosting operations such as officers' clubs and other such facilities; and (D) all food programs provided to other Federal agencies, such as the Fresh Fruit and Vegetable Program of the Department of Agriculture and the Department of Defense. (2) The total dollar amount spent by the Department for each category described in paragraph (1). (3) The dollar amount spend by the Department for each of— (A) the 25 largest food service contractors or operators; and (B) the top 10 categories of food, such as meat and poultry, seafood, eggs, dairy product, produce (fruits, vegetables, and nuts), grains and legumes, and processed and packaged foods. (4) The percentage of all food purchased by the Department that was a product of the United States, pursuant to section 4862 of title 10, United States Code. (5) The dollar amount of third-party certified and verified foods (such as USDA Organic, Equitable Food Initiative, Fair Trade Certified, and other categories determined to be appropriate by the Secretary) purchased by the Department. (6) The dollar amount of contracts for food service, food, or food products entered into by the Department with woman-, minority-, and veteran-owned businesses.", "id": "HD25114FD0FEE49D5834BB8950B757EBC", "header": "Report on food purchasing by the Department of Defense", "nested": [], "links": [] }, { "text": "6071. Improvements to Department of Veterans Affairs-Department of Defense Joint Executive Committee \n(a) Short title \nThis section may be cited as the Ensuring Interagency Cooperation to Support Veterans Act of 2023. (b) In general \nSection 320 of title 38, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by striking ; and and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following new subparagraphs: (C) the Assistant Secretary of Labor for Veterans' Employment and Training and such other officers and employees of the Department of Labor as the Secretary of Labor may designate; and (D) such officers and employees of other Executive agencies as the Secretary of Veterans Affairs and the Secretary of Defense jointly determine, with the consent of the heads of the Executive agencies of such officers and employees, necessary to carry out the goals and objectives of the Committee. ; (B) by adding at the end the following new paragraph: (3) The co-chairs of the Committee are the Deputy Secretary of Veterans Affairs and the Under Secretary of Defense for Personnel and Readiness. ; (2) in subsection (b)(2), by striking Job Training and Post-Service Placement Executive Committee and inserting Transition Executive Committee ; (3) in subsection (d), by adding at the end the following new paragraph: (6) Develop, implement, and oversee such other joint actions, initiatives, programs, and policies as the two Secretaries determine appropriate and consistent with the purpose of the Committee. ; and (4) in subsection (e)— (A) in the subsection heading, by striking Job Training and Post-Service Placement and inserting Transition ; (B) in the matter before paragraph (1)— (i) by striking Job Training and Post-Service Placement and inserting Transition ; (ii) by inserting , in addition to such other activities as may assigned to the committee under subsection (d)(6) after shall ; and (C) in paragraph (2), by inserting , transition from life in the Armed Forces to civilian life, after job training.", "id": "idd92a519b3b284a6082e47b53cf1b8fee", "header": "Improvements to Department of Veterans Affairs-Department of Defense Joint Executive Committee", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Ensuring Interagency Cooperation to Support Veterans Act of 2023.", "id": "idc0bea71be4364c179218bb78545272a4", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) In general \nSection 320 of title 38, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by striking ; and and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following new subparagraphs: (C) the Assistant Secretary of Labor for Veterans' Employment and Training and such other officers and employees of the Department of Labor as the Secretary of Labor may designate; and (D) such officers and employees of other Executive agencies as the Secretary of Veterans Affairs and the Secretary of Defense jointly determine, with the consent of the heads of the Executive agencies of such officers and employees, necessary to carry out the goals and objectives of the Committee. ; (B) by adding at the end the following new paragraph: (3) The co-chairs of the Committee are the Deputy Secretary of Veterans Affairs and the Under Secretary of Defense for Personnel and Readiness. ; (2) in subsection (b)(2), by striking Job Training and Post-Service Placement Executive Committee and inserting Transition Executive Committee ; (3) in subsection (d), by adding at the end the following new paragraph: (6) Develop, implement, and oversee such other joint actions, initiatives, programs, and policies as the two Secretaries determine appropriate and consistent with the purpose of the Committee. ; and (4) in subsection (e)— (A) in the subsection heading, by striking Job Training and Post-Service Placement and inserting Transition ; (B) in the matter before paragraph (1)— (i) by striking Job Training and Post-Service Placement and inserting Transition ; (ii) by inserting , in addition to such other activities as may assigned to the committee under subsection (d)(6) after shall ; and (C) in paragraph (2), by inserting , transition from life in the Armed Forces to civilian life, after job training.", "id": "id105de7d2f9bc44b59bb68cdd278b6dfd", "header": "In general", "nested": [], "links": [] } ], "links": [] }, { "text": "6072. Grave markers at Santa Fe National Cemetery, New Mexico \n(a) In general \nSection 612 of the Veterans Millennium Health Care and Benefits Act ( 38 U.S.C. 2404 note; Public Law 106–117 ) is repealed. (b) Study required \nThe Secretary of Veterans Affairs shall conduct a study on the cost to replace the flat grave markers that were provided under such section at the Santa Fe National Cemetery, New Mexico, with upright grave markers.", "id": "IDfed0d261ae6f4dda856cd4a30fb80b67", "header": "Grave markers at Santa Fe National Cemetery, New Mexico", "nested": [ { "text": "(a) In general \nSection 612 of the Veterans Millennium Health Care and Benefits Act ( 38 U.S.C. 2404 note; Public Law 106–117 ) is repealed.", "id": "id5d68d3b635784c0ba41bea871ebd37c8", "header": "In general", "nested": [], "links": [ { "text": "38 U.S.C. 2404", "legal-doc": "usc", "parsable-cite": "usc/38/2404" }, { "text": "Public Law 106–117", "legal-doc": "public-law", "parsable-cite": "pl/106/117" } ] }, { "text": "(b) Study required \nThe Secretary of Veterans Affairs shall conduct a study on the cost to replace the flat grave markers that were provided under such section at the Santa Fe National Cemetery, New Mexico, with upright grave markers.", "id": "ide71cf84f9463422ea8243256e00e13ba", "header": "Study required", "nested": [], "links": [] } ], "links": [ { "text": "38 U.S.C. 2404", "legal-doc": "usc", "parsable-cite": "usc/38/2404" }, { "text": "Public Law 106–117", "legal-doc": "public-law", "parsable-cite": "pl/106/117" } ] }, { "text": "6073. Modification of compensation for members of the Afghanistan War Commission \nSection 1094(g)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1942) is amended to read as follows: (1) Compensation of members \n(A) Non-Federal employees \nA member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (B) Federal employees \n(i) In general \nA member of the Commission who is an employee of the Federal Government may be compensated as provided for under subparagraph (a) for periods of time during which the member is engaged in the performance of the duties of the Commission that fall outside of ordinary agency working hours, as determined by the employing agency of such member. (ii) Rule of construction \nNothing in this paragraph shall be construed to authorize dual pay for work performed on behalf of the Commission and for a Federal agency during the same hours of the same day..", "id": "id3141c269d7364eef9159308607ecfe41", "header": "Modification of compensation for members of the Afghanistan War Commission", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "6074. Red Hill health impacts \n(a) Registry for impacted individuals of the Red Hill Incident \n(1) Establishment of registry \nThe Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall establish within the Agency for Toxic Substances and Disease Registry or the Centers for Disease Control and Prevention or through an award of a grant or contract, as the Secretary determines appropriate, a Red Hill Incident exposure registry to collect data on health implications of petroleum contaminated water for impacted individuals on a voluntary basis. Such registry shall be complementary to, and not duplicative of, the Red Hill Incident Report of the Defense Occupational and Environmental Health Readiness System. (2) Other responsibilities \n(A) In general \nThe Secretary, in coordination with the Director of the Centers for Disease Control and Prevention, and in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and such State and local authorities or other partners as the Secretary of Health and Human Services considers appropriate, shall— (i) review the Federal programs and services available to individuals exposed to petroleum; (ii) review current research on petroleum exposure in order to identify additional research needs; and (iii) undertake any other review or activities that the Secretary determines to be appropriate. (B) Report \nNot later than 1 year after the date of enactment of this Act, and annually thereafter for 6 additional years, the Secretary shall submit to the appropriate congressional committees a report on the review and activities undertaken under subparagraph (A) that includes— (i) strategies for communicating and engaging with stakeholders on the Red Hill Incident; (ii) the number of impacted and potentially impacted individuals enrolled in the registry established under paragraph (1); (iii) measures and frequency of follow-up to collect data and specimens related to exposure, health, and developmental milestones as appropriate; and (iv) a summary of data and analyses on exposure, health, and developmental milestones for impacted individuals. (C) Consultation \nIn carrying out subparagraphs (A) and (B), the Secretary shall consult with non-Federal experts, including individuals with certification in epidemiology, toxicology, mental health, pediatrics, and environmental health, and members of the impacted community. (3) Funding \nWithout regard to section 2215 of title 10, United States Code, the Secretary of the Defense is authorized to provide, from amounts made available to such Secretary, such sums as may be necessary for each of fiscal years 2024 through 2030 for the Secretary of Health and Human Services to carry out this subsection. (b) Red Hill epidemiological health outcomes study \n(1) Contracts \nThe Secretary of Health and Human Services may contract with independent research institutes or consultants, nonprofit or public entities, laboratories, or medical schools, as the Secretary considers appropriate, that are not part of the Federal Government to assist with the feasibility assessment required by paragraph (2). (2) Feasibility assessment \nNot later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the appropriate congressional committees the results of a feasibility assessment to inform the design of the epidemiological study or studies to assess health outcomes for impacted individuals, which may include— (A) a strategy to recruit impacted individuals to participate in the study or studies, including incentives for participation; (B) a description of protocols and methodologies to assess health outcomes from the Red Hill Incident, including data management protocols to secure the privacy and security of the personal information of impacted individuals; and (C) the periodicity for data collection that takes into account the differences between health care practices among impacted individuals who are— (i) members of the Armed Forces on active duty or spouses or dependents of such members; (ii) members of the Armed Forces separating from active duty or spouses or dependents of such members; (iii) veterans and other individuals with access to health care from the Department of Veterans Affairs; and (iv) individuals without access to health care from the Department of Defense or the Department of Veterans Affairs; (D) a description of methodologies to analyze data received from the study or studies to determine possible connections between exposure to water contaminated during the Red Hill Incident and adverse impacts to the health of impacted individuals; (E) an identification of exposures resulting from the Red Hill Incident that may qualify individuals to be eligible for participation in the study or studies as a result of those exposures; and (F) steps that will be taken to provide individuals impacted by the Red Hill Incident with information on available resources and services. (3) Notifications; briefings \nNot later than one year after the completion of the feasibility assessment under paragraph (2), the Secretary of Health and Human Services shall— (A) notify impacted individuals on the interim findings of the study or studies; and (B) brief the appropriate congressional committees on the interim findings of the study or studies. (c) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Health, Education, Labor, and Pensions of the Senate; (B) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate; (C) the Committee on Veterans’ Affairs of the Senate; (D) the Committee on Energy and Commerce of the House of Representatives; (E) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives; and (F) the Committee on Veterans’ Affairs of the House of Representatives. (2) Impacted individual \nThe term impacted individual means an individual who, at the time of the Red Hill Incident, lived or worked in a building or residence served by the community water system at Joint Base Pearl Harbor-Hickam, Oahu, Hawaii. (3) Red Hill Incident \nThe term Red Hill Incident means the release of fuel from the Red Hill Bulk Fuel Storage Facility, Oahu, Hawaii, into the sole-source basal aquifer located 100 feet below the facility, contaminating the community water system at Joint Base Pearl Harbor-Hickam on November 20, 2021.", "id": "id9a58c8cc9f454626bbfe65f112d785ec", "header": "Red Hill health impacts", "nested": [ { "text": "(a) Registry for impacted individuals of the Red Hill Incident \n(1) Establishment of registry \nThe Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall establish within the Agency for Toxic Substances and Disease Registry or the Centers for Disease Control and Prevention or through an award of a grant or contract, as the Secretary determines appropriate, a Red Hill Incident exposure registry to collect data on health implications of petroleum contaminated water for impacted individuals on a voluntary basis. Such registry shall be complementary to, and not duplicative of, the Red Hill Incident Report of the Defense Occupational and Environmental Health Readiness System. (2) Other responsibilities \n(A) In general \nThe Secretary, in coordination with the Director of the Centers for Disease Control and Prevention, and in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and such State and local authorities or other partners as the Secretary of Health and Human Services considers appropriate, shall— (i) review the Federal programs and services available to individuals exposed to petroleum; (ii) review current research on petroleum exposure in order to identify additional research needs; and (iii) undertake any other review or activities that the Secretary determines to be appropriate. (B) Report \nNot later than 1 year after the date of enactment of this Act, and annually thereafter for 6 additional years, the Secretary shall submit to the appropriate congressional committees a report on the review and activities undertaken under subparagraph (A) that includes— (i) strategies for communicating and engaging with stakeholders on the Red Hill Incident; (ii) the number of impacted and potentially impacted individuals enrolled in the registry established under paragraph (1); (iii) measures and frequency of follow-up to collect data and specimens related to exposure, health, and developmental milestones as appropriate; and (iv) a summary of data and analyses on exposure, health, and developmental milestones for impacted individuals. (C) Consultation \nIn carrying out subparagraphs (A) and (B), the Secretary shall consult with non-Federal experts, including individuals with certification in epidemiology, toxicology, mental health, pediatrics, and environmental health, and members of the impacted community. (3) Funding \nWithout regard to section 2215 of title 10, United States Code, the Secretary of the Defense is authorized to provide, from amounts made available to such Secretary, such sums as may be necessary for each of fiscal years 2024 through 2030 for the Secretary of Health and Human Services to carry out this subsection.", "id": "id699cf41b34384175b2635ce532c6cdca", "header": "Registry for impacted individuals of the Red Hill Incident", "nested": [], "links": [] }, { "text": "(b) Red Hill epidemiological health outcomes study \n(1) Contracts \nThe Secretary of Health and Human Services may contract with independent research institutes or consultants, nonprofit or public entities, laboratories, or medical schools, as the Secretary considers appropriate, that are not part of the Federal Government to assist with the feasibility assessment required by paragraph (2). (2) Feasibility assessment \nNot later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the appropriate congressional committees the results of a feasibility assessment to inform the design of the epidemiological study or studies to assess health outcomes for impacted individuals, which may include— (A) a strategy to recruit impacted individuals to participate in the study or studies, including incentives for participation; (B) a description of protocols and methodologies to assess health outcomes from the Red Hill Incident, including data management protocols to secure the privacy and security of the personal information of impacted individuals; and (C) the periodicity for data collection that takes into account the differences between health care practices among impacted individuals who are— (i) members of the Armed Forces on active duty or spouses or dependents of such members; (ii) members of the Armed Forces separating from active duty or spouses or dependents of such members; (iii) veterans and other individuals with access to health care from the Department of Veterans Affairs; and (iv) individuals without access to health care from the Department of Defense or the Department of Veterans Affairs; (D) a description of methodologies to analyze data received from the study or studies to determine possible connections between exposure to water contaminated during the Red Hill Incident and adverse impacts to the health of impacted individuals; (E) an identification of exposures resulting from the Red Hill Incident that may qualify individuals to be eligible for participation in the study or studies as a result of those exposures; and (F) steps that will be taken to provide individuals impacted by the Red Hill Incident with information on available resources and services. (3) Notifications; briefings \nNot later than one year after the completion of the feasibility assessment under paragraph (2), the Secretary of Health and Human Services shall— (A) notify impacted individuals on the interim findings of the study or studies; and (B) brief the appropriate congressional committees on the interim findings of the study or studies.", "id": "id74881D75A89B49F2B971DC11A41420FD", "header": "Red Hill epidemiological health outcomes study", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Health, Education, Labor, and Pensions of the Senate; (B) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate; (C) the Committee on Veterans’ Affairs of the Senate; (D) the Committee on Energy and Commerce of the House of Representatives; (E) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives; and (F) the Committee on Veterans’ Affairs of the House of Representatives. (2) Impacted individual \nThe term impacted individual means an individual who, at the time of the Red Hill Incident, lived or worked in a building or residence served by the community water system at Joint Base Pearl Harbor-Hickam, Oahu, Hawaii. (3) Red Hill Incident \nThe term Red Hill Incident means the release of fuel from the Red Hill Bulk Fuel Storage Facility, Oahu, Hawaii, into the sole-source basal aquifer located 100 feet below the facility, contaminating the community water system at Joint Base Pearl Harbor-Hickam on November 20, 2021.", "id": "idc5f77ae93c144397a1ec7b034733c626", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "6075. Permanent authorization of Undetectable Firearms Act of 1988 \nSection 2(f) of the Undetectable Firearms Act of 1988 ( 18 U.S.C. 922 note; Public Law 100–649 ) is amended— (1) by striking Effective date and sunset provision and all that follows through This Act and the amendments and inserting the following: Effective date.—This Act and the amendments ; and (2) by striking paragraph (2).", "id": "idf46e41b23f7f4dfd813b12807f2c64c0", "header": "Permanent authorization of Undetectable Firearms Act of 1988", "nested": [], "links": [ { "text": "18 U.S.C. 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "Public Law 100–649", "legal-doc": "public-law", "parsable-cite": "pl/100/649" } ] }, { "text": "6076. Sense of Congress on the importance of non-governmental recognition of military enlistees to improve community support for military recruitment \n(a) Sense of Congress \nIt is the sense of Congress that— (1) publicly honoring and recognizing the young men and women who upon graduation from high-school enlist to serve in the Armed Forces is a meaningful way to indicate national and local support for those enlistees prior to initial accession training, express gratitude to their families, and enhance the partnerships between military recruiters and high school administrators and guidance counselors; (2) the intrinsic value of these community ceremonies should be formally recognized by the Office of the Secretary of Defense and the various military service recruiting commands; and (3) to the extent practicable, an appropriate level of joint military service support should be provided at these events, to include general officer and senior enlisted adviser participation, ceremonial unit involvement, musical support, and local recruiter presence. (b) Briefing \nNot later than March 23, 2024, the Secretary of Defense shall brief the congressional defense committees on the extent of Department of Defense and military service coordination and support rendered for the recognition events described in subsection (a), which are executed at no cost to the Federal Government under the independent, national direction of the Our Community Salutes organization, a registered 501(c)(3) organization.", "id": "idf96e62ad8c4f4d1684bb4b00311fd1c6", "header": "Sense of Congress on the importance of non-governmental recognition of military enlistees to improve community support for military recruitment", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that— (1) publicly honoring and recognizing the young men and women who upon graduation from high-school enlist to serve in the Armed Forces is a meaningful way to indicate national and local support for those enlistees prior to initial accession training, express gratitude to their families, and enhance the partnerships between military recruiters and high school administrators and guidance counselors; (2) the intrinsic value of these community ceremonies should be formally recognized by the Office of the Secretary of Defense and the various military service recruiting commands; and (3) to the extent practicable, an appropriate level of joint military service support should be provided at these events, to include general officer and senior enlisted adviser participation, ceremonial unit involvement, musical support, and local recruiter presence.", "id": "id7d189c7b92354fc3aabc8bf3f52b1724", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Briefing \nNot later than March 23, 2024, the Secretary of Defense shall brief the congressional defense committees on the extent of Department of Defense and military service coordination and support rendered for the recognition events described in subsection (a), which are executed at no cost to the Federal Government under the independent, national direction of the Our Community Salutes organization, a registered 501(c)(3) organization.", "id": "id98b38684c0254883b7f8eea54c3f983c", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "6077. Adjustment of threshold amount for minor medical facility projects of Department of Veterans Affairs \n(a) Short title \nThis section may be cited as the Department of Veterans Affairs Minor Construction Threshold Adjustment Act of 2023. (b) Adjustment of threshold amount \nSection 8104(a) of title 38, United States Code, is amended— (1) in paragraph (3)(A), by striking $20,000,000 each place it appears and inserting the amount specified in paragraph (4) ; and (2) by adding at the end the following new paragraph: (4) (A) The amount specified in this paragraph is $30,000,000, as adjusted pursuant to this paragraph. (B) (i) The Secretary shall develop, through regulations, a mechanism to adjust the amount under subparagraph (A) to account for relevant factors relating to construction, cost of land, real estate, economic conditions, labor conditions, inflation, and other relevant factors the Secretary considers necessary to ensure such amount keeps pace with all economic conditions that impact the price of construction projects, to include planning, management, and delivery of the project. (ii) In developing the mechanism under clause (i), the Secretary may— (I) use a mechanism or index already relied upon by the Department for other relevant programs, a mechanism or index used by another Federal agency, or a commercial mechanism or index if such mechanism or index satisfactorily addresses the intent of this subparagraph; or (II) create a new mechanism or index if the Secretary considers it appropriate and necessary to do so. (C) (i) Not less frequently than once every two years, the Secretary shall— (I) adjust the amount under subparagraph (A); or (II) publish a notice in the Federal Register indicating that no adjustment is warranted. (ii) Not later than 30 days before adjusting an amount pursuant to clause (i)(I) or publishing a notice pursuant to clause (i)(II), the Secretary shall notify the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives. (D) The Secretary shall determine a logical schedule for adjustments under this paragraph to take effect so that the amounts for and types of construction projects requested by the Department in the budget of the President under section 1105(a) of title 31 are consistent with the threshold for construction projects as so adjusted..", "id": "id03bd725a449a4bf18c04c9140538659c", "header": "Adjustment of threshold amount for minor medical facility projects of Department of Veterans Affairs", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Department of Veterans Affairs Minor Construction Threshold Adjustment Act of 2023.", "id": "ida65d8f293e0b41728da4b95c32c378a8", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Adjustment of threshold amount \nSection 8104(a) of title 38, United States Code, is amended— (1) in paragraph (3)(A), by striking $20,000,000 each place it appears and inserting the amount specified in paragraph (4) ; and (2) by adding at the end the following new paragraph: (4) (A) The amount specified in this paragraph is $30,000,000, as adjusted pursuant to this paragraph. (B) (i) The Secretary shall develop, through regulations, a mechanism to adjust the amount under subparagraph (A) to account for relevant factors relating to construction, cost of land, real estate, economic conditions, labor conditions, inflation, and other relevant factors the Secretary considers necessary to ensure such amount keeps pace with all economic conditions that impact the price of construction projects, to include planning, management, and delivery of the project. (ii) In developing the mechanism under clause (i), the Secretary may— (I) use a mechanism or index already relied upon by the Department for other relevant programs, a mechanism or index used by another Federal agency, or a commercial mechanism or index if such mechanism or index satisfactorily addresses the intent of this subparagraph; or (II) create a new mechanism or index if the Secretary considers it appropriate and necessary to do so. (C) (i) Not less frequently than once every two years, the Secretary shall— (I) adjust the amount under subparagraph (A); or (II) publish a notice in the Federal Register indicating that no adjustment is warranted. (ii) Not later than 30 days before adjusting an amount pursuant to clause (i)(I) or publishing a notice pursuant to clause (i)(II), the Secretary shall notify the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives. (D) The Secretary shall determine a logical schedule for adjustments under this paragraph to take effect so that the amounts for and types of construction projects requested by the Department in the budget of the President under section 1105(a) of title 31 are consistent with the threshold for construction projects as so adjusted..", "id": "id45efe98f38bc4627b88c6806e80dce4e", "header": "Adjustment of threshold amount", "nested": [], "links": [] } ], "links": [] }, { "text": "6078. Designation of National Museum of the Mighty Eighth Air Force \n(a) Designation \nThe National Museum of the Mighty Eighth Air Force located at 175 Bourne Avenue, Pooler, Georgia (or any successor location), is designated as the official National Museum of the Mighty Eighth Air Force of the United States (referred to in this section as the National Museum ). (b) Relation to National Park System \nThe National Museum shall not be included as a unit of the National Park System. (c) Rule of construction \nThis section shall not be construed to appropriate, or authorize the appropriation of, Federal funds for any purpose related to the National Museum.", "id": "HCAB6248B24E24356B9DDB9EB1D74B9D7", "header": "Designation of National Museum of the Mighty Eighth Air Force", "nested": [ { "text": "(a) Designation \nThe National Museum of the Mighty Eighth Air Force located at 175 Bourne Avenue, Pooler, Georgia (or any successor location), is designated as the official National Museum of the Mighty Eighth Air Force of the United States (referred to in this section as the National Museum ).", "id": "H866307C67E5C42A480577A0F4A0CB05E", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) Relation to National Park System \nThe National Museum shall not be included as a unit of the National Park System.", "id": "H3069B96D13DF4635A1AB1DB3C5321A90", "header": "Relation to National Park System", "nested": [], "links": [] }, { "text": "(c) Rule of construction \nThis section shall not be construed to appropriate, or authorize the appropriation of, Federal funds for any purpose related to the National Museum.", "id": "HF246F074EDD04B24BDB6BCD5C762677C", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "6079. Revision of requirement for transfer of certain aircraft to State of California for wildfire suppression purposes \n(a) Transfer of excess Coast Guard HC–130H aircraft \n(1) Transfer to State of California \nIf the Governor of the State of California submits to the Secretary of Homeland Security a written request to acquire, pursuant to this section, the Federal property described in this paragraph, the Secretary of Homeland Security shall transfer to the State of California without reimbursement— (A) all right, title, and interest of the United States in and to the seven HC–130H aircraft specified in paragraph (2); and (B) initial spares (calculated based on shelf stock support for seven HC–130H aircraft each flying 400 hours each year) and necessary ground support equipment for such aircraft. (2) Aircraft specified \nThe aircraft specified in this paragraph are the HC–130H Coast Guard aircraft with serial numbers 1706, 1708, 1709, 1713, 1714, 1719, and 1721. (3) Timing; failure to submit request \n(A) In general \nThe transfers under paragraph (1) shall be made as soon as practicable after the date on which the Secretary of Homeland Security receives a request under such paragraph. (B) Failure to submit request \nIf the Governor of the State of California fails to submit a request under paragraph (1) before the date that is 120 days after the date of the enactment of this Act— (i) paragraph (1) shall have no force or effect; and (ii) the Secretary of Homeland Security may retain title and disposition of the Federal property described in paragraph (1). (4) Modifications \n(A) In general \nExcept as provided in subparagraph (B), the transfers under paragraph (1) may be carried out without further modifications by the United States to the aircraft transferred under such paragraph. (B) Demilitarized \nBefore an aircraft may be transferred under paragraph (1), the aircraft shall be demilitarized as determined necessary by the Secretary of Homeland Security. (b) Conditions of transfer \nAircraft transferred to the State of California under subsection (a)(1)— (1) may be used only for wildfire suppression purposes; (2) may not be flown outside of, or otherwise removed from, the United States unless dispatched by the National Interagency Fire Center in support of an international agreement to assist in wildfire suppression efforts or for other disaster-related response purposes approved by the Governor of the State of California in writing in advance; (3) may be used for wildfire suppression purposes only after the aircraft is modified to conform with the standards and requirements for firefighting aircraft set forth by the National Interagency Aviation Committee and the Interagency Airtanker Board; and (4) may only be disposed of by the State of California pursuant to the statutes and regulations governing disposal of aircraft provided to the State of California through the Federal Excess Personal Property Program. (c) Transfer of residual kits and parts held by Air Force \nThe Secretary of the Air Force may transfer to the State of California, without reimbursement, any residual kits and parts held by the Secretary of the Air Force that were procured in anticipation of the transfer to the Secretary of the Air Force of the aircraft specified in subsection (a)(2). (d) Costs after transfer \nAny costs of operation, maintenance, sustainment, and disposal of aircraft, initial spares, and ground support equipment transferred to the Governor of the State of California under this section that are incurred after the date of transfer shall be borne by the Governor of the State of California. (e) Conforming amendments \n(1) Section 1098 of Fiscal Year 2014 NDAA \nSection 1098 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 881), as amended by section 1083 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1989), is amended— (A) by striking subsection (a); (B) in subsection (b)(1), in the matter preceding subparagraph (A), by striking and subject to the certification requirement under subsection (f), ; (C) in subsection (c), by striking or the Governor of California each place it appears; (D) in subsection (e), in the matter preceding paragraph (1)— (i) by striking Promptly following the completion of the certification requirement under subsection (f) and notwithstanding and inserting Notwithstanding ; and (ii) by striking begin ; and (E) by striking subsection (f). (2) Section 1083 of Fiscal Year 2019 NDAA \nSection 1083 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1989) is repealed.", "id": "id2cf20e337a9248139b4d8a4d01177476", "header": "Revision of requirement for transfer of certain aircraft to State of California for wildfire suppression purposes", "nested": [ { "text": "(a) Transfer of excess Coast Guard HC–130H aircraft \n(1) Transfer to State of California \nIf the Governor of the State of California submits to the Secretary of Homeland Security a written request to acquire, pursuant to this section, the Federal property described in this paragraph, the Secretary of Homeland Security shall transfer to the State of California without reimbursement— (A) all right, title, and interest of the United States in and to the seven HC–130H aircraft specified in paragraph (2); and (B) initial spares (calculated based on shelf stock support for seven HC–130H aircraft each flying 400 hours each year) and necessary ground support equipment for such aircraft. (2) Aircraft specified \nThe aircraft specified in this paragraph are the HC–130H Coast Guard aircraft with serial numbers 1706, 1708, 1709, 1713, 1714, 1719, and 1721. (3) Timing; failure to submit request \n(A) In general \nThe transfers under paragraph (1) shall be made as soon as practicable after the date on which the Secretary of Homeland Security receives a request under such paragraph. (B) Failure to submit request \nIf the Governor of the State of California fails to submit a request under paragraph (1) before the date that is 120 days after the date of the enactment of this Act— (i) paragraph (1) shall have no force or effect; and (ii) the Secretary of Homeland Security may retain title and disposition of the Federal property described in paragraph (1). (4) Modifications \n(A) In general \nExcept as provided in subparagraph (B), the transfers under paragraph (1) may be carried out without further modifications by the United States to the aircraft transferred under such paragraph. (B) Demilitarized \nBefore an aircraft may be transferred under paragraph (1), the aircraft shall be demilitarized as determined necessary by the Secretary of Homeland Security.", "id": "iddffbcd1f01564611b64d3f735dd5b130", "header": "Transfer of excess Coast Guard HC–130H aircraft", "nested": [], "links": [] }, { "text": "(b) Conditions of transfer \nAircraft transferred to the State of California under subsection (a)(1)— (1) may be used only for wildfire suppression purposes; (2) may not be flown outside of, or otherwise removed from, the United States unless dispatched by the National Interagency Fire Center in support of an international agreement to assist in wildfire suppression efforts or for other disaster-related response purposes approved by the Governor of the State of California in writing in advance; (3) may be used for wildfire suppression purposes only after the aircraft is modified to conform with the standards and requirements for firefighting aircraft set forth by the National Interagency Aviation Committee and the Interagency Airtanker Board; and (4) may only be disposed of by the State of California pursuant to the statutes and regulations governing disposal of aircraft provided to the State of California through the Federal Excess Personal Property Program.", "id": "idc8e7eb5e01d54bb5bef05410b29f4a68", "header": "Conditions of transfer", "nested": [], "links": [] }, { "text": "(c) Transfer of residual kits and parts held by Air Force \nThe Secretary of the Air Force may transfer to the State of California, without reimbursement, any residual kits and parts held by the Secretary of the Air Force that were procured in anticipation of the transfer to the Secretary of the Air Force of the aircraft specified in subsection (a)(2).", "id": "id04cf6695833244bc954d9142b999cd30", "header": "Transfer of residual kits and parts held by Air Force", "nested": [], "links": [] }, { "text": "(d) Costs after transfer \nAny costs of operation, maintenance, sustainment, and disposal of aircraft, initial spares, and ground support equipment transferred to the Governor of the State of California under this section that are incurred after the date of transfer shall be borne by the Governor of the State of California.", "id": "id612f40bf72af4e838f8886f1a325d5a4", "header": "Costs after transfer", "nested": [], "links": [] }, { "text": "(e) Conforming amendments \n(1) Section 1098 of Fiscal Year 2014 NDAA \nSection 1098 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 881), as amended by section 1083 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1989), is amended— (A) by striking subsection (a); (B) in subsection (b)(1), in the matter preceding subparagraph (A), by striking and subject to the certification requirement under subsection (f), ; (C) in subsection (c), by striking or the Governor of California each place it appears; (D) in subsection (e), in the matter preceding paragraph (1)— (i) by striking Promptly following the completion of the certification requirement under subsection (f) and notwithstanding and inserting Notwithstanding ; and (ii) by striking begin ; and (E) by striking subsection (f). (2) Section 1083 of Fiscal Year 2019 NDAA \nSection 1083 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1989) is repealed.", "id": "iddc4c4b9e407e4de79764599b66a750d7", "header": "Conforming amendments", "nested": [], "links": [ { "text": "Public Law 113–66", "legal-doc": "public-law", "parsable-cite": "pl/113/66" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] } ], "links": [ { "text": "Public Law 113–66", "legal-doc": "public-law", "parsable-cite": "pl/113/66" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "6080. Extension of active duty term for Attending Physician at United States Capitol \nThe present incumbent Attending Physician at the United States Capitol shall be continued on active duty until 10 years after the date of the enactment of this Act.", "id": "id45d5bee647c845349293a0e6c45b0394", "header": "Extension of active duty term for Attending Physician at United States Capitol", "nested": [], "links": [] }, { "text": "6081. Disclosures by directors, officers, and principal stockholders \n(a) In general \nSection 16(a)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78p(a)(1) ) is amended by inserting (including any such security of a foreign private issuer, as that term is defined in section 240.3b–4 of title 17, Code of Federal Regulations, or any successor regulation) after pursuant to section 12. (b) Effect on regulation \nIf any provision of section 240.3a12–3(b) of title 17, Code of Federal Regulations, or any successor regulation, is inconsistent with the amendment made by subsection (a), that provision of such section 240.3a12–3(b) (or such successor) shall have no force or effect. (c) Issuance or amendment of regulations \nNot later than 90 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue final regulations (or amend existing regulations of the Commission) to carry out the amendment made by subsection (a).", "id": "id776233E3B6984688BA8373F78B6BA8DD", "header": "Disclosures by directors, officers, and principal stockholders", "nested": [ { "text": "(a) In general \nSection 16(a)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78p(a)(1) ) is amended by inserting (including any such security of a foreign private issuer, as that term is defined in section 240.3b–4 of title 17, Code of Federal Regulations, or any successor regulation) after pursuant to section 12.", "id": "id05E225C31B8C4048BEDB99C0BE2EDB4A", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 78p(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/78p" } ] }, { "text": "(b) Effect on regulation \nIf any provision of section 240.3a12–3(b) of title 17, Code of Federal Regulations, or any successor regulation, is inconsistent with the amendment made by subsection (a), that provision of such section 240.3a12–3(b) (or such successor) shall have no force or effect.", "id": "id34B367C495464B639F45D3CED34BB40E", "header": "Effect on regulation", "nested": [], "links": [] }, { "text": "(c) Issuance or amendment of regulations \nNot later than 90 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue final regulations (or amend existing regulations of the Commission) to carry out the amendment made by subsection (a).", "id": "idF758175B2436433985BB5D00DD2F7399", "header": "Issuance or amendment of regulations", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 78p(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/78p" } ] }, { "text": "6082. Preventing Child Sex Abuse \n(a) Short title \nThis section may be cited as the Preventing Child Sex Abuse Act of 2023. (b) Sense of Congress \nThe sense of Congress is the following: (1) The safety of children should be a top priority for public officials and communities in the United States. (2) According to the Rape, Abuse & Incest National Network, an individual in the United States is sexually assaulted every 68 seconds. And every 9 minutes, that victim is a child. Meanwhile, only 25 out of every 1,000 perpetrators will end up in prison. (3) The effects of child sexual abuse can be long-lasting and affect the victim’s mental health. (4) Victims are more likely than non-victims to experience the following mental health challenges: (A) Victims are about 4 times more likely to develop symptoms of drug abuse. (B) Victims are about 4 times more likely to experience post-traumatic stress disorder as adults. (C) Victims are about 3 times more likely to experience a major depressive episode as adults. (5) The criminal justice system should and has acted as an important line of defense to protect children and hold perpetrators accountable. (6) However, the horrific crimes perpetuated by Larry Nassar demonstrate firsthand the loopholes that still exist in the criminal justice system. While Larry Nassar was found guilty of several State-level offenses, he was not charged federally for his illicit sexual contact with minors, despite crossing State and international borders to commit this conduct. (7) The Department of Justice has also identified a growing trend of Americans who use charitable or missionary work in a foreign country as a cover for sexual abuse of children. (8) It is the intent of Congress to prohibit Americans from engaging in sexual abuse or exploitation of minors under the guise of work, including volunteer work, with an organization that affects interstate or foreign commerce, such as an international charity. (9) Federal law does not require that an abuser’s intention to engage in sexual abuse be a primary, significant, dominant, or motivating purpose of the travel. (10) Child sexual abuse does not require physical contact between the abuser and the child. This is especially true as perpetrators turn increasingly to internet platforms, online chat rooms, and webcams to commit child sexual abuse. (11) However, a decision of the United States Court of Appeals for the Seventh Circuit found the use of a webcam to engage in sexually provocative activity with a minor did not qualify as sexual activity. (12) Congress can address this issue by amending the definition of the term sexual activity to clarify that it does not require interpersonal, physical contact. (13) It is the duty of Congress to provide clearer guidance to ensure that those who commit crimes against children are prosecuted to the fullest extent of the law. (c) Interstate child sexual abuse \nSection 2423 of title 18, United States Code, is amended— (1) in subsection (b), by striking with a motivating purpose of engaging in any illicit sexual conduct with another person and inserting with intent to engage in any illicit sexual conduct with another person ; (2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (i), respectively; (3) in subsection (e), as so redesignated, by striking with a motivating purpose of engaging in any illicit sexual conduct and inserting with intent to engage in any illicit sexual conduct ; and (4) by inserting after subsection (g), as so redesignated, the following: (h) Rule of construction \nAs used in this section, the term intent shall be construed as any intention to engage in illicit sexual conduct at the time of the travel.. (d) Abuse under the guise of charity \nSection 2423 of title 18, United States Code, as amended by subsection (c) of this section, is amended— (1) by inserting after subsection (c) the following: (d) Illicit sexual conduct in connection with certain organizations \nAny citizen of the United States or alien admitted for permanent residence who— (1) is an officer, director, employee, or agent of an organization that affects interstate or foreign commerce; (2) makes use of the mails or any means or instrumentality of interstate or foreign commerce through the connection or affiliation of the person with such organization; and (3) commits an act in furtherance of illicit sexual conduct through the connection or affiliation of the person with such organization, shall be fined under this title, imprisoned for not more than 30 years, or both. ; (2) in subsection (f), as so redesignated, by striking or (d) and inserting (d), or (e) ; and (3) in subsection (i), as so redesignated, by striking (f)(2) and inserting (g)(2). (e) Sexual activity with minors \nSection 2427 of title 18, United States Code, is amended by inserting does not require interpersonal physical contact, and before includes.", "id": "idd7ed66c385094579ab99d5df10063716", "header": "Preventing Child Sex Abuse", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Preventing Child Sex Abuse Act of 2023.", "id": "id20431e9ada2844628b77f0dc30ba04df", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Sense of Congress \nThe sense of Congress is the following: (1) The safety of children should be a top priority for public officials and communities in the United States. (2) According to the Rape, Abuse & Incest National Network, an individual in the United States is sexually assaulted every 68 seconds. And every 9 minutes, that victim is a child. Meanwhile, only 25 out of every 1,000 perpetrators will end up in prison. (3) The effects of child sexual abuse can be long-lasting and affect the victim’s mental health. (4) Victims are more likely than non-victims to experience the following mental health challenges: (A) Victims are about 4 times more likely to develop symptoms of drug abuse. (B) Victims are about 4 times more likely to experience post-traumatic stress disorder as adults. (C) Victims are about 3 times more likely to experience a major depressive episode as adults. (5) The criminal justice system should and has acted as an important line of defense to protect children and hold perpetrators accountable. (6) However, the horrific crimes perpetuated by Larry Nassar demonstrate firsthand the loopholes that still exist in the criminal justice system. While Larry Nassar was found guilty of several State-level offenses, he was not charged federally for his illicit sexual contact with minors, despite crossing State and international borders to commit this conduct. (7) The Department of Justice has also identified a growing trend of Americans who use charitable or missionary work in a foreign country as a cover for sexual abuse of children. (8) It is the intent of Congress to prohibit Americans from engaging in sexual abuse or exploitation of minors under the guise of work, including volunteer work, with an organization that affects interstate or foreign commerce, such as an international charity. (9) Federal law does not require that an abuser’s intention to engage in sexual abuse be a primary, significant, dominant, or motivating purpose of the travel. (10) Child sexual abuse does not require physical contact between the abuser and the child. This is especially true as perpetrators turn increasingly to internet platforms, online chat rooms, and webcams to commit child sexual abuse. (11) However, a decision of the United States Court of Appeals for the Seventh Circuit found the use of a webcam to engage in sexually provocative activity with a minor did not qualify as sexual activity. (12) Congress can address this issue by amending the definition of the term sexual activity to clarify that it does not require interpersonal, physical contact. (13) It is the duty of Congress to provide clearer guidance to ensure that those who commit crimes against children are prosecuted to the fullest extent of the law.", "id": "idca6979dfe3484d1cbdcd2558f68398e9", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(c) Interstate child sexual abuse \nSection 2423 of title 18, United States Code, is amended— (1) in subsection (b), by striking with a motivating purpose of engaging in any illicit sexual conduct with another person and inserting with intent to engage in any illicit sexual conduct with another person ; (2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (i), respectively; (3) in subsection (e), as so redesignated, by striking with a motivating purpose of engaging in any illicit sexual conduct and inserting with intent to engage in any illicit sexual conduct ; and (4) by inserting after subsection (g), as so redesignated, the following: (h) Rule of construction \nAs used in this section, the term intent shall be construed as any intention to engage in illicit sexual conduct at the time of the travel..", "id": "ida5368d7b2e8e411c8d8d0ded2525445f", "header": "Interstate child sexual abuse", "nested": [], "links": [] }, { "text": "(d) Abuse under the guise of charity \nSection 2423 of title 18, United States Code, as amended by subsection (c) of this section, is amended— (1) by inserting after subsection (c) the following: (d) Illicit sexual conduct in connection with certain organizations \nAny citizen of the United States or alien admitted for permanent residence who— (1) is an officer, director, employee, or agent of an organization that affects interstate or foreign commerce; (2) makes use of the mails or any means or instrumentality of interstate or foreign commerce through the connection or affiliation of the person with such organization; and (3) commits an act in furtherance of illicit sexual conduct through the connection or affiliation of the person with such organization, shall be fined under this title, imprisoned for not more than 30 years, or both. ; (2) in subsection (f), as so redesignated, by striking or (d) and inserting (d), or (e) ; and (3) in subsection (i), as so redesignated, by striking (f)(2) and inserting (g)(2).", "id": "id864aa218739f42f388d9b2980a527919", "header": "Abuse under the guise of charity", "nested": [], "links": [] }, { "text": "(e) Sexual activity with minors \nSection 2427 of title 18, United States Code, is amended by inserting does not require interpersonal physical contact, and before includes.", "id": "id38284e12c9d543aabf8afe680bbcbf10", "header": "Sexual activity with minors", "nested": [], "links": [] } ], "links": [] }, { "text": "6083. Senate National Security Working Group \n(a) In general \nSection 21 of Senate Resolution 64 (113th Congress), agreed to March 5, 2013, is amended by striking subsection (d). (b) Effective date \nThe amendment made by subsection (a) shall take effect as though enacted on December 31, 2022.", "id": "id6385624CC7574E0D8CC82C5FD3726822", "header": "Senate National Security Working Group", "nested": [ { "text": "(a) In general \nSection 21 of Senate Resolution 64 (113th Congress), agreed to March 5, 2013, is amended by striking subsection (d).", "id": "idDA87958F4D9046D6B9B5F913CBFB45DD", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall take effect as though enacted on December 31, 2022.", "id": "id0F64F9C3FE6841308906D0F8A6B7C2D2", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "6084. Recognition as corporation and grant of Federal charter for National American Indian Veterans, Incorporated \n(a) In general \nPart B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following: 1504 National American Indian Veterans, Incorporated \nSec. 150401. Organization. 150402. Purposes. 150403. Membership. 150404. Board of directors. 150405. Officers. 150406. Nondiscrimination. 150407. Powers. 150408. Exclusive right to name, seals, emblems, and badges. 150409. Restrictions. 150410. Duty to maintain tax-exempt status. 150411. Records and inspection. 150412. Service of process. 150413. Liability for acts of officers and agents. 150414. Failure to comply with requirements. 150415. Annual report. 150401 Organization \nThe National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter as the corporation ), is a federally chartered corporation. 150402. Purposes \nThe purposes of the corporation are those stated in the articles of incorporation, constitution, and bylaws of the corporation, and include a commitment— (1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian Nations; (2) to unite under one body all American Indian veterans who served in the Armed Forces of United States; (3) to be an advocate on behalf of all American Indian veterans without regard to whether they served during times of peace, conflict, or war; (4) to promote social welfare (including educational, economic, social, physical, and cultural values and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans; (5) to serve as an advocate for the needs of American Indian veterans and their families and survivors in their dealings with all Federal and State government agencies; (6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between American Indian veterans and American society; and (7) to provide technical assistance to the Bureau of Indian Affairs regional areas that are not served by any veterans committee or organization or program by— (A) providing outreach service to Indian Tribes in need; and (B) training and educating Tribal Veterans Service Officers for Indian Tribes in need. 150403. Membership \nSubject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. 150404. Board of directors \nSubject to section 150406, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated. 150405. Officers \nSubject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. 150406. Nondiscrimination \nIn establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. 150407. Powers \nThe corporation shall have only those powers granted the corporation through its articles of incorporation, constitution, and bylaws, which shall conform to the laws of the jurisdiction under which the corporation is incorporated. 150408. Exclusive right to name, seals, emblems, and badges \n(a) In general \nThe corporation shall have the sole and exclusive right to use the names National American Indian Veterans, Incorporated and National American Indian Veterans , and such seals, emblems, and badges as the corporation may lawfully adopt. (b) Effect \nNothing in this section interferes or conflicts with any established or vested rights. 150409. Restrictions \n(a) Stock and dividends \nThe corporation may not— (1) issue any shares of stock; or (2) declare or pay any dividends. (b) Distribution of income or assets \n(1) In general \nThe income or assets of the corporation may not— (A) inure to any person who is a member, officer, or director of the corporation; or (B) be distributed to any such person during the life of the charter granted by this chapter. (2) Effect \nNothing in this subsection prevents the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors. (c) Loans \nThe corporation may not make any loan to any officer, director, member, or employee of the corporation. (d) No federal endorsement \nThe corporation may not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of the activities of the corporation. 150410. Duty to maintain tax-exempt status \nThe corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986. 150411. Records and inspection \n(a) Records \nThe corporation shall keep— (1) correct and complete books and records of accounts; (2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and (3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. (b) Inspection \n(1) In general \nAll books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time. (2) Effect \nNothing in this section contravenes— (A) the laws of the jurisdiction under which the corporation is incorporated; or (B) the laws of those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. 150412. Service of process \nWith respect to service of process, the corporation shall comply with the laws of— (1) the jurisdiction under which the corporation is incorporated; and (2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. 150413. Liability for acts of officers and agents \nThe corporation shall be liable for the acts of the officers and agents of the corporation acting within the scope of their authority. 150414. Failure to comply with requirements \nIf the corporation fails to comply with any of the requirements of this chapter, including the requirement under section 150410 to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. 150415. Annual report \n(a) In general \nThe corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year. (b) Submittal date \nEach annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b). (c) Report not public document \nNo annual report under this section shall be printed as a public document.. (b) Clerical amendment \nThe table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: 1504. National American Indian Veterans, Incorporated 150401.", "id": "id6e8c80596a03456c812e6bd5535a1592", "header": "Recognition as corporation and grant of Federal charter for National American Indian Veterans, Incorporated", "nested": [ { "text": "(a) In general \nPart B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following: 1504 National American Indian Veterans, Incorporated \nSec. 150401. Organization. 150402. Purposes. 150403. Membership. 150404. Board of directors. 150405. Officers. 150406. Nondiscrimination. 150407. Powers. 150408. Exclusive right to name, seals, emblems, and badges. 150409. Restrictions. 150410. Duty to maintain tax-exempt status. 150411. Records and inspection. 150412. Service of process. 150413. Liability for acts of officers and agents. 150414. Failure to comply with requirements. 150415. Annual report. 150401 Organization \nThe National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter as the corporation ), is a federally chartered corporation. 150402. Purposes \nThe purposes of the corporation are those stated in the articles of incorporation, constitution, and bylaws of the corporation, and include a commitment— (1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian Nations; (2) to unite under one body all American Indian veterans who served in the Armed Forces of United States; (3) to be an advocate on behalf of all American Indian veterans without regard to whether they served during times of peace, conflict, or war; (4) to promote social welfare (including educational, economic, social, physical, and cultural values and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans; (5) to serve as an advocate for the needs of American Indian veterans and their families and survivors in their dealings with all Federal and State government agencies; (6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between American Indian veterans and American society; and (7) to provide technical assistance to the Bureau of Indian Affairs regional areas that are not served by any veterans committee or organization or program by— (A) providing outreach service to Indian Tribes in need; and (B) training and educating Tribal Veterans Service Officers for Indian Tribes in need. 150403. Membership \nSubject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. 150404. Board of directors \nSubject to section 150406, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated. 150405. Officers \nSubject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. 150406. Nondiscrimination \nIn establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. 150407. Powers \nThe corporation shall have only those powers granted the corporation through its articles of incorporation, constitution, and bylaws, which shall conform to the laws of the jurisdiction under which the corporation is incorporated. 150408. Exclusive right to name, seals, emblems, and badges \n(a) In general \nThe corporation shall have the sole and exclusive right to use the names National American Indian Veterans, Incorporated and National American Indian Veterans , and such seals, emblems, and badges as the corporation may lawfully adopt. (b) Effect \nNothing in this section interferes or conflicts with any established or vested rights. 150409. Restrictions \n(a) Stock and dividends \nThe corporation may not— (1) issue any shares of stock; or (2) declare or pay any dividends. (b) Distribution of income or assets \n(1) In general \nThe income or assets of the corporation may not— (A) inure to any person who is a member, officer, or director of the corporation; or (B) be distributed to any such person during the life of the charter granted by this chapter. (2) Effect \nNothing in this subsection prevents the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors. (c) Loans \nThe corporation may not make any loan to any officer, director, member, or employee of the corporation. (d) No federal endorsement \nThe corporation may not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of the activities of the corporation. 150410. Duty to maintain tax-exempt status \nThe corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986. 150411. Records and inspection \n(a) Records \nThe corporation shall keep— (1) correct and complete books and records of accounts; (2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and (3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. (b) Inspection \n(1) In general \nAll books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time. (2) Effect \nNothing in this section contravenes— (A) the laws of the jurisdiction under which the corporation is incorporated; or (B) the laws of those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. 150412. Service of process \nWith respect to service of process, the corporation shall comply with the laws of— (1) the jurisdiction under which the corporation is incorporated; and (2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. 150413. Liability for acts of officers and agents \nThe corporation shall be liable for the acts of the officers and agents of the corporation acting within the scope of their authority. 150414. Failure to comply with requirements \nIf the corporation fails to comply with any of the requirements of this chapter, including the requirement under section 150410 to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. 150415. Annual report \n(a) In general \nThe corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year. (b) Submittal date \nEach annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b). (c) Report not public document \nNo annual report under this section shall be printed as a public document..", "id": "IDD36A286A9C7A448EBBA14D23ECD61D88", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Clerical amendment \nThe table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: 1504. National American Indian Veterans, Incorporated 150401.", "id": "IDEE0B080779074C59A4F7B82EB2DE53DD", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "150401 Organization \nThe National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter as the corporation ), is a federally chartered corporation.", "id": "ID2519C9AB9AFA4B34B5F0A7E077792AFD", "header": "Organization", "nested": [], "links": [] }, { "text": "150402. Purposes \nThe purposes of the corporation are those stated in the articles of incorporation, constitution, and bylaws of the corporation, and include a commitment— (1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian Nations; (2) to unite under one body all American Indian veterans who served in the Armed Forces of United States; (3) to be an advocate on behalf of all American Indian veterans without regard to whether they served during times of peace, conflict, or war; (4) to promote social welfare (including educational, economic, social, physical, and cultural values and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans; (5) to serve as an advocate for the needs of American Indian veterans and their families and survivors in their dealings with all Federal and State government agencies; (6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between American Indian veterans and American society; and (7) to provide technical assistance to the Bureau of Indian Affairs regional areas that are not served by any veterans committee or organization or program by— (A) providing outreach service to Indian Tribes in need; and (B) training and educating Tribal Veterans Service Officers for Indian Tribes in need.", "id": "IDBE87D4CCF72D4D2A8AE242BB5F594F12", "header": "Purposes", "nested": [], "links": [] }, { "text": "150403. Membership \nSubject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation.", "id": "IDA77C8D2005EB4E768AE2BBDA855CCA41", "header": "Membership", "nested": [], "links": [] }, { "text": "150404. Board of directors \nSubject to section 150406, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated.", "id": "IDD5DEDB9575FD42778D3905931B9E0EE6", "header": "Board of directors", "nested": [], "links": [] }, { "text": "150405. Officers \nSubject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated.", "id": "ID03B33A5ACC3E46EB93176A4D8A86942C", "header": "Officers", "nested": [], "links": [] }, { "text": "150406. Nondiscrimination \nIn establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age.", "id": "ID75DF67992BE54075A980D27FE99B55EF", "header": "Nondiscrimination", "nested": [], "links": [] }, { "text": "150407. Powers \nThe corporation shall have only those powers granted the corporation through its articles of incorporation, constitution, and bylaws, which shall conform to the laws of the jurisdiction under which the corporation is incorporated.", "id": "ID88E925A0EE5441B4842F98D1962D4E9E", "header": "Powers", "nested": [], "links": [] }, { "text": "150408. Exclusive right to name, seals, emblems, and badges \n(a) In general \nThe corporation shall have the sole and exclusive right to use the names National American Indian Veterans, Incorporated and National American Indian Veterans , and such seals, emblems, and badges as the corporation may lawfully adopt. (b) Effect \nNothing in this section interferes or conflicts with any established or vested rights.", "id": "ID7A821D6DF2FC49638B6246A385B2605A", "header": "Exclusive right to name, seals, emblems, and badges", "nested": [ { "text": "(a) In general \nThe corporation shall have the sole and exclusive right to use the names National American Indian Veterans, Incorporated and National American Indian Veterans , and such seals, emblems, and badges as the corporation may lawfully adopt.", "id": "IDBD0D7EEBADCF475DA44E167E6D9DE229", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effect \nNothing in this section interferes or conflicts with any established or vested rights.", "id": "ID3E386C8BCDA04BC1A7CF788D83099CB1", "header": "Effect", "nested": [], "links": [] } ], "links": [] }, { "text": "150409. Restrictions \n(a) Stock and dividends \nThe corporation may not— (1) issue any shares of stock; or (2) declare or pay any dividends. (b) Distribution of income or assets \n(1) In general \nThe income or assets of the corporation may not— (A) inure to any person who is a member, officer, or director of the corporation; or (B) be distributed to any such person during the life of the charter granted by this chapter. (2) Effect \nNothing in this subsection prevents the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors. (c) Loans \nThe corporation may not make any loan to any officer, director, member, or employee of the corporation. (d) No federal endorsement \nThe corporation may not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of the activities of the corporation.", "id": "IDF471E70910114BFDA04D9B6AC58B6D35", "header": "Restrictions", "nested": [ { "text": "(a) Stock and dividends \nThe corporation may not— (1) issue any shares of stock; or (2) declare or pay any dividends.", "id": "ID5C72B0DAE7414F0E9C419191699CA386", "header": "Stock and dividends", "nested": [], "links": [] }, { "text": "(b) Distribution of income or assets \n(1) In general \nThe income or assets of the corporation may not— (A) inure to any person who is a member, officer, or director of the corporation; or (B) be distributed to any such person during the life of the charter granted by this chapter. (2) Effect \nNothing in this subsection prevents the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors.", "id": "ID8E22A50AA0D946448701AAF359F3C9A0", "header": "Distribution of income or assets", "nested": [], "links": [] }, { "text": "(c) Loans \nThe corporation may not make any loan to any officer, director, member, or employee of the corporation.", "id": "ID0ED40869E255423D87E7A6174750D67E", "header": "Loans", "nested": [], "links": [] }, { "text": "(d) No federal endorsement \nThe corporation may not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of the activities of the corporation.", "id": "IDBD930230D26C4718A710F26D0986BE99", "header": "No federal endorsement", "nested": [], "links": [] } ], "links": [] }, { "text": "150410. Duty to maintain tax-exempt status \nThe corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986.", "id": "ID98DBDBE6B509405391BFC1D2EF3D411B", "header": "Duty to maintain tax-exempt status", "nested": [], "links": [] }, { "text": "150411. Records and inspection \n(a) Records \nThe corporation shall keep— (1) correct and complete books and records of accounts; (2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and (3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. (b) Inspection \n(1) In general \nAll books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time. (2) Effect \nNothing in this section contravenes— (A) the laws of the jurisdiction under which the corporation is incorporated; or (B) the laws of those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation.", "id": "ID93706E7D3D1E4873BF8EF38403B9984D", "header": "Records and inspection", "nested": [ { "text": "(a) Records \nThe corporation shall keep— (1) correct and complete books and records of accounts; (2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and (3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote.", "id": "ID16F88CB21B0A402CA660A7AA3CCFF677", "header": "Records", "nested": [], "links": [] }, { "text": "(b) Inspection \n(1) In general \nAll books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time. (2) Effect \nNothing in this section contravenes— (A) the laws of the jurisdiction under which the corporation is incorporated; or (B) the laws of those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation.", "id": "ID43FEB59653734F2392A8C105D78039EA", "header": "Inspection", "nested": [], "links": [] } ], "links": [] }, { "text": "150412. Service of process \nWith respect to service of process, the corporation shall comply with the laws of— (1) the jurisdiction under which the corporation is incorporated; and (2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation.", "id": "ID842AD9B950554513AD97ADF47C211E9B", "header": "Service of process", "nested": [], "links": [] }, { "text": "150413. Liability for acts of officers and agents \nThe corporation shall be liable for the acts of the officers and agents of the corporation acting within the scope of their authority.", "id": "IDA90D8153EF1A4F3DB5B97F7B8B632A2E", "header": "Liability for acts of officers and agents", "nested": [], "links": [] }, { "text": "150414. Failure to comply with requirements \nIf the corporation fails to comply with any of the requirements of this chapter, including the requirement under section 150410 to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire.", "id": "ID2B584B683FEC4189988F52337ACCA0AF", "header": "Failure to comply with requirements", "nested": [], "links": [] }, { "text": "150415. Annual report \n(a) In general \nThe corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year. (b) Submittal date \nEach annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b). (c) Report not public document \nNo annual report under this section shall be printed as a public document.", "id": "IDFC05CCBBD01B4ADDA713441623D59837", "header": "Annual report", "nested": [ { "text": "(a) In general \nThe corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year.", "id": "ID02D57BEB8DC44749847F86DEF706EB64", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Submittal date \nEach annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b).", "id": "ID6A0F5D7CCFAF4BC48E098713B71B6669", "header": "Submittal date", "nested": [], "links": [] }, { "text": "(c) Report not public document \nNo annual report under this section shall be printed as a public document.", "id": "ID17C28D85D5134F8C806A8E9037B16AAF", "header": "Report not public document", "nested": [], "links": [] } ], "links": [] }, { "text": "6091. Short title \nThis subtitle may be cited as the Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act or GRATEFUL Act.", "id": "idA64A39E90C004D84B6C8AC7138944479", "header": "Short title", "nested": [], "links": [] }, { "text": "6092. Findings; sense of Congress \n(a) Findings \nCongress makes the following findings: (1) In 1952, with the enactment of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), Congress established an immigrant visa program to reward foreign nationals who are United States Government employees for their service to the United States (referred to in this Act as the Government Employee Immigrant Visa program ). (2) For 71 years, the Government Employee Immigrant Visa program has allowed foreign nationals with at least 15 years of exceptional service to the United States to immigrate to the United States with their families. (3) Such foreign national employees of the United States Government are the bulwark of United States foreign policy, risking their lives year after year through civil unrest, terrorism, natural disasters, and war. (4) The work of such foreign nationals— (A) ensures the safety and well-being of United States citizens; (B) provides security and logistics for visiting delegations; and (C) supports United States Government operations abroad. (5) Such foreign nationals include employees of the Department of State, the United States Agency for International Development, the Department of Defense, the Department of Homeland Security, the Department of Justice, the Department of Commerce, and the Department of Agriculture. (b) Sense of Congress \nIt is the sense of Congress that the United States should preserve the immigrant visa program for foreign nationals who are employees of the United States Government abroad or of the American Institute in Taiwan, and who have provided exceptional service over a long term to the United States, by providing a dedicated allocation of visas for such employees and their immediate family members when visas are not immediately available in the corresponding visa category.", "id": "id13eb390a8d474370bb5339371c67c249", "header": "Findings; sense of Congress", "nested": [ { "text": "(a) Findings \nCongress makes the following findings: (1) In 1952, with the enactment of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), Congress established an immigrant visa program to reward foreign nationals who are United States Government employees for their service to the United States (referred to in this Act as the Government Employee Immigrant Visa program ). (2) For 71 years, the Government Employee Immigrant Visa program has allowed foreign nationals with at least 15 years of exceptional service to the United States to immigrate to the United States with their families. (3) Such foreign national employees of the United States Government are the bulwark of United States foreign policy, risking their lives year after year through civil unrest, terrorism, natural disasters, and war. (4) The work of such foreign nationals— (A) ensures the safety and well-being of United States citizens; (B) provides security and logistics for visiting delegations; and (C) supports United States Government operations abroad. (5) Such foreign nationals include employees of the Department of State, the United States Agency for International Development, the Department of Defense, the Department of Homeland Security, the Department of Justice, the Department of Commerce, and the Department of Agriculture.", "id": "ida673344af6e340fe997b3f55dbac6ae5", "header": "Findings", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Sense of Congress \nIt is the sense of Congress that the United States should preserve the immigrant visa program for foreign nationals who are employees of the United States Government abroad or of the American Institute in Taiwan, and who have provided exceptional service over a long term to the United States, by providing a dedicated allocation of visas for such employees and their immediate family members when visas are not immediately available in the corresponding visa category.", "id": "idc56a74c8c46b42a7ad0b69e724c04e1e", "header": "Sense of Congress", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "6093. Visa availability for Government Employee Immigrant Visa program \n(a) In general \nBeginning in fiscal year 2024, subject to subsection (b), visas shall be made available to a special immigrant described in section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) ) if a visa is not immediately available for issuance to the special immigrant under section 203(b)(4) of that Act ( 8 U.S.C. 1153(b)(4) ). (b) Numerical limitations \n(1) Fiscal year 2024 \nFor fiscal year 2024, not more than 3,500 visas shall be made available under subsection (a). (2) Subsequent fiscal years \nFor fiscal year 2025 and each fiscal year thereafter, not more than 3,000 visas shall be made available under subsection (a). (c) Temporary reduction in diversity visas \nSection 203(d)(2) of the Nicaraguan Adjustment and Central America Relief Act ( 8 U.S.C. 1151 note; Public Law 105–100 ) is amended— (1) by amending paragraph (2) to read as follows: (2) In no case shall the reduction under paragraph (1) for a fiscal year exceed the amount by which— (A) the sum of— (i) one-half of the total number of individuals described in subclauses (I), (II), (III), and (IV) of section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1101 note; Public Law 104–208 ) who have adjusted their status to that of aliens lawfully admitted for permanent residence under section 202 of the Nicaraguan Adjustment and Central American Relief Act ( Public Law 105–100 ; 8 U.S.C. 1255 note) as of the end of the previous fiscal year; and (ii) the total number of individuals described in section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) ) for whom visas shall be made available for the applicable fiscal year under section 1093(b) of the Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act ; exceeds (B) the total of the reductions in available visas under this subsection for all previous fiscal years. ; and (2) by adding at the end the following: (3) (A) Paragraph (1) shall not apply in a fiscal year following a fiscal year for which the total number of aliens described in subparagraph (B) is zero. (B) For a fiscal year, the total number of aliens described in this subparagraph is the total number of individuals described in section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) ) who have been issued visas during the previous fiscal year under the Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act. (C) Nothing in this paragraph may be construed— (i) to repeal, modify, or render permanently inapplicable paragraph (1); or (ii) to prevent the offsetting of the number of visas described in that paragraph for the purpose of providing visa availability for aliens described in subparagraph (B). (4) In the event that the number of visas available for a fiscal year under section 201(e) of the Immigration and Nationality Act ( 8 U.S.C. 1151(e) ) is reduced to a number fewer than 50,000, not fewer than 3,000 visas shall be made available for individuals described in section 1093(a) of the Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act.. (d) Rule of construction \nNothing in this section or the amendments made by this section may be construed to modify the number of visas available under section 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(4) ) to special immigrants described in section 101(a)(27)(D) of that Act ( 8 U.S.C. 1101(a)(27)(D) ).", "id": "idEA671396FDDF4A989E9A7D294952B821", "header": "Visa availability for Government Employee Immigrant Visa program", "nested": [ { "text": "(a) In general \nBeginning in fiscal year 2024, subject to subsection (b), visas shall be made available to a special immigrant described in section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) ) if a visa is not immediately available for issuance to the special immigrant under section 203(b)(4) of that Act ( 8 U.S.C. 1153(b)(4) ).", "id": "id8431add259da482eb12b95cdd7ab3024", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(27)(D)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1153(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" } ] }, { "text": "(b) Numerical limitations \n(1) Fiscal year 2024 \nFor fiscal year 2024, not more than 3,500 visas shall be made available under subsection (a). (2) Subsequent fiscal years \nFor fiscal year 2025 and each fiscal year thereafter, not more than 3,000 visas shall be made available under subsection (a).", "id": "idda1f2042cfb94e3a9ec9dfa1fb903b9c", "header": "Numerical limitations", "nested": [], "links": [] }, { "text": "(c) Temporary reduction in diversity visas \nSection 203(d)(2) of the Nicaraguan Adjustment and Central America Relief Act ( 8 U.S.C. 1151 note; Public Law 105–100 ) is amended— (1) by amending paragraph (2) to read as follows: (2) In no case shall the reduction under paragraph (1) for a fiscal year exceed the amount by which— (A) the sum of— (i) one-half of the total number of individuals described in subclauses (I), (II), (III), and (IV) of section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1101 note; Public Law 104–208 ) who have adjusted their status to that of aliens lawfully admitted for permanent residence under section 202 of the Nicaraguan Adjustment and Central American Relief Act ( Public Law 105–100 ; 8 U.S.C. 1255 note) as of the end of the previous fiscal year; and (ii) the total number of individuals described in section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) ) for whom visas shall be made available for the applicable fiscal year under section 1093(b) of the Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act ; exceeds (B) the total of the reductions in available visas under this subsection for all previous fiscal years. ; and (2) by adding at the end the following: (3) (A) Paragraph (1) shall not apply in a fiscal year following a fiscal year for which the total number of aliens described in subparagraph (B) is zero. (B) For a fiscal year, the total number of aliens described in this subparagraph is the total number of individuals described in section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) ) who have been issued visas during the previous fiscal year under the Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act. (C) Nothing in this paragraph may be construed— (i) to repeal, modify, or render permanently inapplicable paragraph (1); or (ii) to prevent the offsetting of the number of visas described in that paragraph for the purpose of providing visa availability for aliens described in subparagraph (B). (4) In the event that the number of visas available for a fiscal year under section 201(e) of the Immigration and Nationality Act ( 8 U.S.C. 1151(e) ) is reduced to a number fewer than 50,000, not fewer than 3,000 visas shall be made available for individuals described in section 1093(a) of the Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act..", "id": "id75f2dbf05ada42a09bb693ce689aee3a", "header": "Temporary reduction in diversity visas", "nested": [], "links": [ { "text": "8 U.S.C. 1151", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "Public Law 105–100", "legal-doc": "public-law", "parsable-cite": "pl/105/100" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "Public Law 104–208", "legal-doc": "public-law", "parsable-cite": "pl/104/208" }, { "text": "Public Law 105–100", "legal-doc": "public-law", "parsable-cite": "pl/105/100" }, { "text": "8 U.S.C. 1255", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "8 U.S.C. 1101(a)(27)(D)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(27)(D)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1151(e)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "(d) Rule of construction \nNothing in this section or the amendments made by this section may be construed to modify the number of visas available under section 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(4) ) to special immigrants described in section 101(a)(27)(D) of that Act ( 8 U.S.C. 1101(a)(27)(D) ).", "id": "id8cba0a555404400fbf056691719d9178", "header": "Rule of construction", "nested": [], "links": [ { "text": "8 U.S.C. 1153(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" }, { "text": "8 U.S.C. 1101(a)(27)(D)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1101(a)(27)(D)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1153(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" }, { "text": "8 U.S.C. 1151", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "Public Law 105–100", "legal-doc": "public-law", "parsable-cite": "pl/105/100" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "Public Law 104–208", "legal-doc": "public-law", "parsable-cite": "pl/104/208" }, { "text": "Public Law 105–100", "legal-doc": "public-law", "parsable-cite": "pl/105/100" }, { "text": "8 U.S.C. 1255", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "8 U.S.C. 1101(a)(27)(D)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(27)(D)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1151(e)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1153(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" }, { "text": "8 U.S.C. 1101(a)(27)(D)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "6096. Report on artificial intelligence regulation in financial services industry \n(a) In general \nNot later than 90 days after the date of enactment of this Act, each of the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, and the Bureau of Consumer Financial Protection shall submit to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on its gap in knowledge relating to artificial intelligence, including an analysis on— (1) which tasks are most frequently being assisted or completed with artificial intelligence in the institutions the agency regulates; (2) current governance standards in place for artificial intelligence use at the agency and current standards in place for artificial intelligence oversight by the agency; (3) potentially additional regulatory authorities required by the agency to continue to successfully execute its mission; (4) where artificial intelligence may lead to overlapping regulatory issues between agencies that require clarification; (5) how the agency is currently using artificial intelligence, how the agency plans to use such artificial intelligence the next 3 years, and the expected impact, including fiscal and staffing, of those plans; and (6) what resources, monetary or other resources, if any, the agency requires to both adapt to the changes that artificial intelligence will bring to the regulatory landscape and to adequately adopt and oversee the use of artificial intelligence across its operations described in paragraph (5). (b) Rule of construction \nNothing in this section may be construed to require an agency to include confidential supervisory information or pre-decisional or deliberative non-public information in a report under this section.", "id": "id8608c00c65e54b7db0985779ad378f49", "header": "Report on artificial intelligence regulation in financial services industry", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of enactment of this Act, each of the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, and the Bureau of Consumer Financial Protection shall submit to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on its gap in knowledge relating to artificial intelligence, including an analysis on— (1) which tasks are most frequently being assisted or completed with artificial intelligence in the institutions the agency regulates; (2) current governance standards in place for artificial intelligence use at the agency and current standards in place for artificial intelligence oversight by the agency; (3) potentially additional regulatory authorities required by the agency to continue to successfully execute its mission; (4) where artificial intelligence may lead to overlapping regulatory issues between agencies that require clarification; (5) how the agency is currently using artificial intelligence, how the agency plans to use such artificial intelligence the next 3 years, and the expected impact, including fiscal and staffing, of those plans; and (6) what resources, monetary or other resources, if any, the agency requires to both adapt to the changes that artificial intelligence will bring to the regulatory landscape and to adequately adopt and oversee the use of artificial intelligence across its operations described in paragraph (5).", "id": "id566624681d90401ebe69354a549772c3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rule of construction \nNothing in this section may be construed to require an agency to include confidential supervisory information or pre-decisional or deliberative non-public information in a report under this section.", "id": "idbccf7be49c8c4f9ab4229711a64bcfa4", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "6097. Artificial intelligence bug bounty programs \n(a) Program for foundational artificial intelligence products being incorporated by Department of Defense \n(1) Development required \nNot later than 180 days after the date of the enactment of this Act and subject to the availability of appropriations, the Chief Data and Artificial Intelligence Officer of the Department of Defense shall develop a bug bounty program for foundational artificial intelligence models being integrated into Department of Defense missions and operations. (2) Collaboration \nIn developing the program required by paragraph (1), the Chief may collaborate with the heads of other government agencies that have expertise in cybersecurity and artificial intelligence. (3) Implementation authorized \nThe Chief may carry out the program developed pursuant to subsection (a). (4) Contracts \nThe Secretary of Defense shall ensure, as may be appropriate, that whenever the Department of Defense enters into any contract, the contract allows for participation in the bug bounty program developed pursuant to paragraph (1). (5) Rule of construction \nNothing in this subsection shall be construed to require— (A) the use of any foundational artificial intelligence model; or (B) the implementation of the program developed pursuant to paragraph (1) in order for the Department to incorporate a foundational artificial intelligence model. (b) Briefing \nNot later than one year after the date of the enactment of this Act, the Chief shall provide the congressional defense committees a briefing on— (1) the development and implementation of bug bounty programs the Chief considers relevant to the matters covered by this section; and (2) long-term plans of the Chief with respect to such bug bounty programs. (c) Definition of foundational artificial intelligence model \nIn this section, the term foundational artificial intelligence model means an adaptive generative model that is trained on a broad set of unlabeled data sets that can be used for different tasks, with minimal fine-tuning.", "id": "ide873726eb0e545af8ccb4b04c8ea9e4b", "header": "Artificial intelligence bug bounty programs", "nested": [ { "text": "(a) Program for foundational artificial intelligence products being incorporated by Department of Defense \n(1) Development required \nNot later than 180 days after the date of the enactment of this Act and subject to the availability of appropriations, the Chief Data and Artificial Intelligence Officer of the Department of Defense shall develop a bug bounty program for foundational artificial intelligence models being integrated into Department of Defense missions and operations. (2) Collaboration \nIn developing the program required by paragraph (1), the Chief may collaborate with the heads of other government agencies that have expertise in cybersecurity and artificial intelligence. (3) Implementation authorized \nThe Chief may carry out the program developed pursuant to subsection (a). (4) Contracts \nThe Secretary of Defense shall ensure, as may be appropriate, that whenever the Department of Defense enters into any contract, the contract allows for participation in the bug bounty program developed pursuant to paragraph (1). (5) Rule of construction \nNothing in this subsection shall be construed to require— (A) the use of any foundational artificial intelligence model; or (B) the implementation of the program developed pursuant to paragraph (1) in order for the Department to incorporate a foundational artificial intelligence model.", "id": "ideba2e1443b60416eb434fdab97d6cea5", "header": "Program for foundational artificial intelligence products being incorporated by Department of Defense", "nested": [], "links": [] }, { "text": "(b) Briefing \nNot later than one year after the date of the enactment of this Act, the Chief shall provide the congressional defense committees a briefing on— (1) the development and implementation of bug bounty programs the Chief considers relevant to the matters covered by this section; and (2) long-term plans of the Chief with respect to such bug bounty programs.", "id": "id2e39caeba8d348708db9b7537aa7d7a2", "header": "Briefing", "nested": [], "links": [] }, { "text": "(c) Definition of foundational artificial intelligence model \nIn this section, the term foundational artificial intelligence model means an adaptive generative model that is trained on a broad set of unlabeled data sets that can be used for different tasks, with minimal fine-tuning.", "id": "ide15f0cb8945c4d0c93ae322c42727498", "header": "Definition of foundational artificial intelligence model", "nested": [], "links": [] } ], "links": [] }, { "text": "6098. Vulnerability analysis study for artificial intelligence-enabled military applications \n(a) Study required \nNot later than one year after the date of the enactment of this Act, the Chief Digital and Artificial Intelligence Officer (CDAO) of the Department of Defense shall complete a study analyzing the vulnerabilities to the privacy, security, and accuracy of, and capacity to assess, artificial intelligence-enabled military applications, as well as research and development needs for such applications. (b) Elements \nThe study required by subsection (a) shall cover the following: (1) Research and development needs and transition pathways to advance explainable and interpretable artificial intelligence-enabled military applications, including the capability to assess the underlying algorithms and data models of such applications. (2) Assessing the potential risks to the privacy, security, and accuracy of underlying architectures and algorithms of artificial intelligence-enabled military applications, including the following: (A) Individual foundational artificial intelligence models, including the adequacy of existing testing, training, and auditing for such models to ensure models can be properly assessed over time. (B) The interactions of multiple artificial intelligence-enabled military applications, and the ability to detect and assess new, complex, and emergent behavior amongst individual agents, as well as the collective impact, including how such changes may affect risk to privacy, security, and accuracy over time. (C) The impact of increased agency in artificial intelligence-enabled military applications and how such increased agency may affect the ability to detect and assess new, complex, and emergent behavior, as well risks to the privacy, security, and accuracy of such applications over time. (3) Assessing the survivability and traceability of decision support systems that are integrated with artificial intelligence-enabled military applications and used in a contested environment, including— (A) potential benefits and risks to Department of Defense missions and operations of implementing such applications; and (B) other technical or operational constraints to ensure such decision support systems that are integrated with artificial intelligence-enabled military applications are able to adhere to the Department of Defense Ethical Principles for Artificial Intelligence. (4) Identification of existing artificial intelligence metrics, developmental, testing and audit capabilities, personnel, and infrastructure within the Department of Defense, including test and evaluation facilities, needed to enable ongoing identification and assessment under paragraphs (1) through (3), and other factors such as— (A) implications for deterrence systems based on systems warfare; and (B) vulnerability to systems confrontation on the system and system-of-systems level. (5) Identification of gaps or research needs to sufficiently respond to the elements outlined in this subsection that are not currently, or not sufficiently, funded within the Department of Defense. (c) Coordination \nIn carrying out the study required by subsection (a), the Chief Digital and Artificial Intelligence Officer shall coordinate with the following: (1) The Director of the Defense Advanced Research Projects Agency (DARPA). (2) The Under Secretary of Defense for Research and Evaluation. (3) The Under Secretary of Defense for Policy. (4) The Director for Operational Test and Evaluation (DOT&E) of the Department. (5) As the Chief Digital and Artificial Intelligence Officer considers appropriate, the following: (A) The Secretary of Energy. (B) The Director of the National Institute of Standards and Technology. (C) The Director of the National Science Foundation. (D) The head of the National Artificial Intelligence Initiative Office of the Office of Science and Technology Policy. (E) Members and representatives of industry. (F) Members and representatives of academia. (d) Interim briefing \nNot later than 180 days after the date of the enactment of this Act, the Chief Digital and Artificial Intelligence Officer shall provide the congressional defense committees a briefing on the interim findings of the Chief Digital and Artificial Intelligence Officer with respect to the study being conducted pursuant to subsection (a). (e) Final report \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Chief Digital and Artificial Intelligence Officer shall submit to the congressional defense committees a final report on the findings of the Chief Digital and Artificial Intelligence Officer with respect to the study conducted pursuant to subsection (a). (2) Form \nThe final report submitted pursuant to paragraph (1) shall be submitted in unclassified for, but may include a classified annex. (f) Definition of foundational artificial intelligence model \nIn this section, the term foundational artificial intelligence model means an adaptive generative model that is trained on a broad set of unlabeled data sets that can be used for different tasks, with minimal fine-tuning.", "id": "id4ee57ec892804041a9547b7747cb78e4", "header": "Vulnerability analysis study for artificial intelligence-enabled military applications", "nested": [ { "text": "(a) Study required \nNot later than one year after the date of the enactment of this Act, the Chief Digital and Artificial Intelligence Officer (CDAO) of the Department of Defense shall complete a study analyzing the vulnerabilities to the privacy, security, and accuracy of, and capacity to assess, artificial intelligence-enabled military applications, as well as research and development needs for such applications.", "id": "id27b889fb97914135ab70281de86047a4", "header": "Study required", "nested": [], "links": [] }, { "text": "(b) Elements \nThe study required by subsection (a) shall cover the following: (1) Research and development needs and transition pathways to advance explainable and interpretable artificial intelligence-enabled military applications, including the capability to assess the underlying algorithms and data models of such applications. (2) Assessing the potential risks to the privacy, security, and accuracy of underlying architectures and algorithms of artificial intelligence-enabled military applications, including the following: (A) Individual foundational artificial intelligence models, including the adequacy of existing testing, training, and auditing for such models to ensure models can be properly assessed over time. (B) The interactions of multiple artificial intelligence-enabled military applications, and the ability to detect and assess new, complex, and emergent behavior amongst individual agents, as well as the collective impact, including how such changes may affect risk to privacy, security, and accuracy over time. (C) The impact of increased agency in artificial intelligence-enabled military applications and how such increased agency may affect the ability to detect and assess new, complex, and emergent behavior, as well risks to the privacy, security, and accuracy of such applications over time. (3) Assessing the survivability and traceability of decision support systems that are integrated with artificial intelligence-enabled military applications and used in a contested environment, including— (A) potential benefits and risks to Department of Defense missions and operations of implementing such applications; and (B) other technical or operational constraints to ensure such decision support systems that are integrated with artificial intelligence-enabled military applications are able to adhere to the Department of Defense Ethical Principles for Artificial Intelligence. (4) Identification of existing artificial intelligence metrics, developmental, testing and audit capabilities, personnel, and infrastructure within the Department of Defense, including test and evaluation facilities, needed to enable ongoing identification and assessment under paragraphs (1) through (3), and other factors such as— (A) implications for deterrence systems based on systems warfare; and (B) vulnerability to systems confrontation on the system and system-of-systems level. (5) Identification of gaps or research needs to sufficiently respond to the elements outlined in this subsection that are not currently, or not sufficiently, funded within the Department of Defense.", "id": "id43cfd803c47943c08a1da5e77b72cdf6", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Coordination \nIn carrying out the study required by subsection (a), the Chief Digital and Artificial Intelligence Officer shall coordinate with the following: (1) The Director of the Defense Advanced Research Projects Agency (DARPA). (2) The Under Secretary of Defense for Research and Evaluation. (3) The Under Secretary of Defense for Policy. (4) The Director for Operational Test and Evaluation (DOT&E) of the Department. (5) As the Chief Digital and Artificial Intelligence Officer considers appropriate, the following: (A) The Secretary of Energy. (B) The Director of the National Institute of Standards and Technology. (C) The Director of the National Science Foundation. (D) The head of the National Artificial Intelligence Initiative Office of the Office of Science and Technology Policy. (E) Members and representatives of industry. (F) Members and representatives of academia.", "id": "ide013c1fcf4fb4da7909ca9346cb73b5f", "header": "Coordination", "nested": [], "links": [] }, { "text": "(d) Interim briefing \nNot later than 180 days after the date of the enactment of this Act, the Chief Digital and Artificial Intelligence Officer shall provide the congressional defense committees a briefing on the interim findings of the Chief Digital and Artificial Intelligence Officer with respect to the study being conducted pursuant to subsection (a).", "id": "id0eb9460b1b4e40b5ac34319fbd37aada", "header": "Interim briefing", "nested": [], "links": [] }, { "text": "(e) Final report \n(1) In general \nNot later than one year after the date of the enactment of this Act, the Chief Digital and Artificial Intelligence Officer shall submit to the congressional defense committees a final report on the findings of the Chief Digital and Artificial Intelligence Officer with respect to the study conducted pursuant to subsection (a). (2) Form \nThe final report submitted pursuant to paragraph (1) shall be submitted in unclassified for, but may include a classified annex.", "id": "id1d9bef9b579b4e0285223d5417a020f1", "header": "Final report", "nested": [], "links": [] }, { "text": "(f) Definition of foundational artificial intelligence model \nIn this section, the term foundational artificial intelligence model means an adaptive generative model that is trained on a broad set of unlabeled data sets that can be used for different tasks, with minimal fine-tuning.", "id": "id27F1E38E88F5431A9372B1DC52588F03", "header": "Definition of foundational artificial intelligence model", "nested": [], "links": [] } ], "links": [] }, { "text": "6099. Report on data sharing and coordination \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on ways to improve data sharing, interoperability, and quality, as may be appropriate, across the Department of Defense. (b) Contents \nThe report submitted pursuant to subsection (a) shall include the following: (1) A description of policies, practices, and cultural barriers that impede data sharing and interoperability, and lead to data quality issues, among components of the Department. (2) The impact a lack of appropriate levels of data sharing, interoperability, and quality has on Departmental collaboration, efficiency, interoperability, and joint-decisionmaking. (3) A review of current efforts to promote appropriate data sharing, including to centralize data management, such as the ADVANA program. (4) A description of near-, mid-, and long-term efforts that the Office of the Secretary of Defense plans to implement to promote data sharing and interoperability, including efforts to improve data quality. (5) A detailed plan to implement a data sharing and interoperability strategy that supports effective development and employment of artificial intelligence-enabled military applications. (6) A detailed assessment of the implementation of the Department of Defense Data Strategy issued in 2020, as well as the use of data decrees to improve management rigor in the Department when it comes to data sharing and interoperability. (7) Any recommendations for Congress with respect to assisting the Department in these efforts.", "id": "idcf9227de553e42cd92d5de4e72cbc11f", "header": "Report on data sharing and coordination", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on ways to improve data sharing, interoperability, and quality, as may be appropriate, across the Department of Defense.", "id": "id0d0968b81ce24db880d747d4b3632e23", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe report submitted pursuant to subsection (a) shall include the following: (1) A description of policies, practices, and cultural barriers that impede data sharing and interoperability, and lead to data quality issues, among components of the Department. (2) The impact a lack of appropriate levels of data sharing, interoperability, and quality has on Departmental collaboration, efficiency, interoperability, and joint-decisionmaking. (3) A review of current efforts to promote appropriate data sharing, including to centralize data management, such as the ADVANA program. (4) A description of near-, mid-, and long-term efforts that the Office of the Secretary of Defense plans to implement to promote data sharing and interoperability, including efforts to improve data quality. (5) A detailed plan to implement a data sharing and interoperability strategy that supports effective development and employment of artificial intelligence-enabled military applications. (6) A detailed assessment of the implementation of the Department of Defense Data Strategy issued in 2020, as well as the use of data decrees to improve management rigor in the Department when it comes to data sharing and interoperability. (7) Any recommendations for Congress with respect to assisting the Department in these efforts.", "id": "idcb0b304eaba14a36a8a0ab279ff8e894", "header": "Contents", "nested": [], "links": [] } ], "links": [] }, { "text": "6231. Black Sea security and development strategy \n(a) Short title \nThis section may be cited as the Black Sea Security Act of 2023. (b) Sense of Congress on Black Sea security \nIt is the sense of Congress that— (1) it is in the interest of the United States to support efforts to prevent the spread of further armed conflict in Europe by recognizing the Black Sea region as an arena of Russian aggression; (2) littoral states of the Black Sea are critical in countering aggression by the Government of the Russian Federation and contributing to the collective security of NATO; (3) the repeated, illegal, unprovoked, and violent attempts of the Russian Federation to expand its territory and control access to the Mediterranean Sea through the Black Sea constitutes a threat to the national security of the United States and NATO; (4) the United States condemns attempts by the Russian Federation to change or alter boundaries in the Black Sea region by force or any means contrary to international law and to impose a sphere of influence across the region; (5) the United States condemns Russia’s illegitimate territorial claims, including those on the Crimean Peninsula, along Ukraine’s territorial waters in the Black Sea and the Sea of Azov, in the Black Sea’s international waters, and in the territories it is illegally occupying in Ukraine; (6) the United States should continue to work within NATO and with NATO allies to develop a long-term strategy to enhance security, establish a permanent, sustainable presence along NATO's eastern flank, and bolster the democratic resilience of its allies and partners in the region; (7) the United States should consider whether it should work within NATO and with NATO allies to develop a regular, rotational maritime presence in the Black Sea; (8) the United States should work with the European Union on coordinating a strategy to support democratic initiatives and economic prosperity in the region, which includes 2 European Union members and 4 European Union aspirant nations; (9) the United States should work to foster dialogue among countries within the Black Sea region to improve communication and intelligence sharing and increase cyber defense capabilities; (10) countries with historic and economic ties to Russia are looking to the United States and Europe to provide a positive economic presence in the broader region as a counterbalance to the Russian Federation’s malign influence in the region; (11) it is in the interest of the United States to support and bolster the economic ties between the United States and Black Sea states; (12) the United States should support the initiative undertaken by central and eastern European states to advance the Three Seas Initiative Fund to strengthen transport, energy, and digital infrastructure connectivity in the region between the Adriatic Sea, Baltic Sea, and Black Sea; (13) there are mutually beneficial opportunities for increased investment and economic expansion, particularly on energy and transport infrastructure initiatives, between the United States and Black Sea states and the broader region; (14) improved economic ties between the United States and the Black Sea states and the broader region can lead to a strengthened strategic partnership; (15) the United States must seek to address the food security challenges arising from disruption of Ukraine’s Black Sea and Azov Sea ports, as this global challenge will have critical national security implications for the United States, our partners, and allies; (16) Turkey, in coordination with the United Nations, has played an important role in alleviating global food insecurity by negotiating two agreements to allow grain exports from Ukrainian ports through a safe corridor in the Black Sea; (17) Russia has a brutal history of using hunger as a weapon and must be stopped; and (18) countering the PRC’s coercive economic pursuits remains an important policy imperative in order to further integrate the Black Sea states into western economies and improve regional stability. (c) United States policy \nIt is the policy of the United States— (1) to actively deter the threat of Russia’s further escalation in the Black Sea region and defend freedom of navigation in the Black Sea to prevent the spread of further armed conflict in Europe; (2) to advocate within NATO, among NATO allies, and within the European Union to develop a long-term coordinated strategy to enhance security, establish a sustainable presence in the eastern flank, and bolster the democratic resilience of United States allies and partners in the region; (3) to consider whether to advocate within NATO and among NATO allies to develop a regular, rotational maritime presence in the Black Sea; (4) to support and bolster the economic ties between the United States and Black Sea partners and mobilize the Department of State, the Department of Defense, and other relevant Federal departments and agencies by enhancing the United States presence and investment in Black Sea states; (5) to provide economic alternatives to the PRC’s coercive economic options that destabilize and further erode economic integration of the Black Sea states; (6) to ensure that the United States continues to support Black Sea states' efforts to strengthen their democratic institutions to prevent corruption and accelerate their advancement into the Euroatlantic community; and (7) to encourage the initiative undertaken by central and eastern European states to advance the Three Seas Initiative to strengthen transport, energy, and digital infrastructure connectivity in the region between the Adriatic Sea, Baltic Sea, and Black Sea. (d) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Armed Services of the Senate ; (C) the Committee on Appropriations of the Senate ; (D) the Select Committee on Intelligence of the Senate; (E) the Committee on Energy and Natural Resources of the Senate; (F) the Committee on Foreign Affairs of the House of Representatives ; (G) the Committee on Armed Services of the House of Representatives ; (H) the Committee on Appropriations of the House of Representatives ; (I) the Permanent Select Committee on Intelligence of the House of Representatives; and (J) the Committee on Energy and Commerce of the House of Representatives. (2) Black Sea states \nThe term Black Sea states means Turkey, Romania, Bulgaria, Moldova, Ukraine, and Georgia. (3) PRC \nThe term PRC means the People's Republic of China. (e) Black Sea security and development strategy \nNot later than 180 days after the date of the enactment of this Act, the National Security Council, in coordination with the Department of State, the Department of Defense, and other relevant Federal departments and agencies, shall direct an interagency strategy with a classified annex— (1) to increase coordination with NATO and the European Union; (2) to deepen economic ties; (3) to strengthen energy security; (4) to support efforts to bolster their democratic resilience; and (5) to enhance security assistance with our regional partners in accordance with the values and interests of the United States. (f) Purpose and objectives \nThe strategy authorized under subsection (e) shall have the following goals and objectives: (1) Ensuring the efficient and effective delivery of security assistance to regional partners in accordance with the values and interests of the United States, prioritizing assistance that will bolster defenses and improve interoperability with NATO forces. (2) Bolstering United States support for the region’s energy security and integration with Europe and reducing their dependence on Russia while supporting energy diversification. (3) Mitigating the impact of economic coercion by the Russian Federation and the PRC on Black Sea states and identifying new opportunities for foreign direct investment from the United States and cooperating countries and the enhancement of United States business ties with regional partners in accordance with the values and interests of the United States. (4) Increasing high-level engagement between the United States and regional partners, and reinforcing economic growth, financing quality infrastructure, and reinforcing trade with a focus on improving high-level economic cooperation. (5) Increasing United States coordination with the European Union and NATO to maximize effectiveness and minimize duplication. (g) Activities \n(1) Security \nThe strategy authorized under subsection (e) should include the following elements related to security: (A) A plan to increase interagency coordination on the Black Sea region. (B) An assessment of whether a United States-led initiative with NATO allies to increase coordination, presence, and regional engagement among Black Sea states is advisable. (C) An assessment of whether there is a need to increase security assistance or security cooperation with Black Sea states, focused on Ukraine, Romania, Bulgaria, Moldova, and Georgia. (D) An assessment of the value of establishing a United States or multinational headquarters on the Black Sea, responsible for planning, readiness, exercises, and coordination of military activity in the greater Black Sea region. (E) An assessment of the challenges and opportunities of establishing a regular, rotational NATO maritime presence in the Black Sea. (F) An overview of Foreign Military Financing, International Military Education and Training, and other United States security assistance to the Black Sea region. (G) A plan for combating Russian disinformation and propaganda in the Black Sea region that utilizes the resources of the United States Government. (H) A plan to promote greater freedom of navigation to allow for greater security and economic Black Sea access. (2) Economic prosperity \nThe strategy authorized under subsection (e) shall include the following elements related to economic prosperity: (A) A strategy to foster dialogue between experts from the United States and from the Black Sea states on economic expansion, foreign direct investment, strengthening rule of law initiatives, and mitigating economic coercion by Russia and the PRC. (B) A strategy for all the relevant Federal departments and agencies that contribute to United States economic statecraft to expand their presence and identify new opportunities for private investment with regional partners in accordance with the values and interests of the United States. (C) Assessments on energy diversification, focusing on the immediate need to replace energy supplies from Russia, and recognizing the long-term importance of broader energy diversification. (D) Assessments of potential food security solutions, including sustainable, long-term arrangements beyond the Black Sea Grain Initiative. (3) Democratic resilience \nThe strategy authorized under subsection (e) shall include the following elements related to democratic resilience: (A) A strategy to increase independent media and United States-supported media initiatives to combat foreign malign influence in the Black Sea region. (B) Greater mobilization of initiatives spearheaded by the Department of State and the United States Agency for International Development to counter Russian propaganda and disinformation in the Black Sea region. (4) Regional connectivity \nThe strategy authorized under subsection (e) shall promote regional connectivity by sending high-level representatives of the Department of State or other agency partners to— (A) the Black Sea region not less frequently than twice per year; and (B) major regional fora on infrastructure and energy security, including the Three Seas Initiative Summit. (h) Identification of necessary programs and resources \nNot later than 360 days after the date of the enactment of this Act, the interagency strategy shall identify any necessary program, policy, or budgetary resources required, by agency, to support the implementation of the Black Sea Security Strategy for fiscal years 2024, 2025, and 2026. (i) Responsibilities of Federal departments and agencies \nNothing under this section may be construed to authorize the National Security Council to assume any of the responsibilities or authorities of the head of any Federal department, agency, or office, including the foreign affairs responsibilities and authorities of the Secretary of State, to oversee the implementation of programs and policies under this section.", "id": "ida0c0bd77fbdb446fb1be1ad5bf6d8c0c", "header": "Black Sea security and development strategy", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Black Sea Security Act of 2023.", "id": "ide9bc9c12-1bad-491a-a0e3-90934a5c22f2", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Sense of Congress on Black Sea security \nIt is the sense of Congress that— (1) it is in the interest of the United States to support efforts to prevent the spread of further armed conflict in Europe by recognizing the Black Sea region as an arena of Russian aggression; (2) littoral states of the Black Sea are critical in countering aggression by the Government of the Russian Federation and contributing to the collective security of NATO; (3) the repeated, illegal, unprovoked, and violent attempts of the Russian Federation to expand its territory and control access to the Mediterranean Sea through the Black Sea constitutes a threat to the national security of the United States and NATO; (4) the United States condemns attempts by the Russian Federation to change or alter boundaries in the Black Sea region by force or any means contrary to international law and to impose a sphere of influence across the region; (5) the United States condemns Russia’s illegitimate territorial claims, including those on the Crimean Peninsula, along Ukraine’s territorial waters in the Black Sea and the Sea of Azov, in the Black Sea’s international waters, and in the territories it is illegally occupying in Ukraine; (6) the United States should continue to work within NATO and with NATO allies to develop a long-term strategy to enhance security, establish a permanent, sustainable presence along NATO's eastern flank, and bolster the democratic resilience of its allies and partners in the region; (7) the United States should consider whether it should work within NATO and with NATO allies to develop a regular, rotational maritime presence in the Black Sea; (8) the United States should work with the European Union on coordinating a strategy to support democratic initiatives and economic prosperity in the region, which includes 2 European Union members and 4 European Union aspirant nations; (9) the United States should work to foster dialogue among countries within the Black Sea region to improve communication and intelligence sharing and increase cyber defense capabilities; (10) countries with historic and economic ties to Russia are looking to the United States and Europe to provide a positive economic presence in the broader region as a counterbalance to the Russian Federation’s malign influence in the region; (11) it is in the interest of the United States to support and bolster the economic ties between the United States and Black Sea states; (12) the United States should support the initiative undertaken by central and eastern European states to advance the Three Seas Initiative Fund to strengthen transport, energy, and digital infrastructure connectivity in the region between the Adriatic Sea, Baltic Sea, and Black Sea; (13) there are mutually beneficial opportunities for increased investment and economic expansion, particularly on energy and transport infrastructure initiatives, between the United States and Black Sea states and the broader region; (14) improved economic ties between the United States and the Black Sea states and the broader region can lead to a strengthened strategic partnership; (15) the United States must seek to address the food security challenges arising from disruption of Ukraine’s Black Sea and Azov Sea ports, as this global challenge will have critical national security implications for the United States, our partners, and allies; (16) Turkey, in coordination with the United Nations, has played an important role in alleviating global food insecurity by negotiating two agreements to allow grain exports from Ukrainian ports through a safe corridor in the Black Sea; (17) Russia has a brutal history of using hunger as a weapon and must be stopped; and (18) countering the PRC’s coercive economic pursuits remains an important policy imperative in order to further integrate the Black Sea states into western economies and improve regional stability.", "id": "idf874ca1f-6bd2-41c8-b93e-3862d5b1c046", "header": "Sense of Congress on Black Sea security", "nested": [], "links": [] }, { "text": "(c) United States policy \nIt is the policy of the United States— (1) to actively deter the threat of Russia’s further escalation in the Black Sea region and defend freedom of navigation in the Black Sea to prevent the spread of further armed conflict in Europe; (2) to advocate within NATO, among NATO allies, and within the European Union to develop a long-term coordinated strategy to enhance security, establish a sustainable presence in the eastern flank, and bolster the democratic resilience of United States allies and partners in the region; (3) to consider whether to advocate within NATO and among NATO allies to develop a regular, rotational maritime presence in the Black Sea; (4) to support and bolster the economic ties between the United States and Black Sea partners and mobilize the Department of State, the Department of Defense, and other relevant Federal departments and agencies by enhancing the United States presence and investment in Black Sea states; (5) to provide economic alternatives to the PRC’s coercive economic options that destabilize and further erode economic integration of the Black Sea states; (6) to ensure that the United States continues to support Black Sea states' efforts to strengthen their democratic institutions to prevent corruption and accelerate their advancement into the Euroatlantic community; and (7) to encourage the initiative undertaken by central and eastern European states to advance the Three Seas Initiative to strengthen transport, energy, and digital infrastructure connectivity in the region between the Adriatic Sea, Baltic Sea, and Black Sea.", "id": "id26eb7e8c-e308-4ee2-8196-58fecd82bb25", "header": "United States policy", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Armed Services of the Senate ; (C) the Committee on Appropriations of the Senate ; (D) the Select Committee on Intelligence of the Senate; (E) the Committee on Energy and Natural Resources of the Senate; (F) the Committee on Foreign Affairs of the House of Representatives ; (G) the Committee on Armed Services of the House of Representatives ; (H) the Committee on Appropriations of the House of Representatives ; (I) the Permanent Select Committee on Intelligence of the House of Representatives; and (J) the Committee on Energy and Commerce of the House of Representatives. (2) Black Sea states \nThe term Black Sea states means Turkey, Romania, Bulgaria, Moldova, Ukraine, and Georgia. (3) PRC \nThe term PRC means the People's Republic of China.", "id": "iddd011c13-cfff-447e-a3b2-84fdc3eb5e1b", "header": "Definitions", "nested": [], "links": [] }, { "text": "(e) Black Sea security and development strategy \nNot later than 180 days after the date of the enactment of this Act, the National Security Council, in coordination with the Department of State, the Department of Defense, and other relevant Federal departments and agencies, shall direct an interagency strategy with a classified annex— (1) to increase coordination with NATO and the European Union; (2) to deepen economic ties; (3) to strengthen energy security; (4) to support efforts to bolster their democratic resilience; and (5) to enhance security assistance with our regional partners in accordance with the values and interests of the United States.", "id": "idbaaed53fcdf940e9814ba630f4b8b222", "header": "Black Sea security and development strategy", "nested": [], "links": [] }, { "text": "(f) Purpose and objectives \nThe strategy authorized under subsection (e) shall have the following goals and objectives: (1) Ensuring the efficient and effective delivery of security assistance to regional partners in accordance with the values and interests of the United States, prioritizing assistance that will bolster defenses and improve interoperability with NATO forces. (2) Bolstering United States support for the region’s energy security and integration with Europe and reducing their dependence on Russia while supporting energy diversification. (3) Mitigating the impact of economic coercion by the Russian Federation and the PRC on Black Sea states and identifying new opportunities for foreign direct investment from the United States and cooperating countries and the enhancement of United States business ties with regional partners in accordance with the values and interests of the United States. (4) Increasing high-level engagement between the United States and regional partners, and reinforcing economic growth, financing quality infrastructure, and reinforcing trade with a focus on improving high-level economic cooperation. (5) Increasing United States coordination with the European Union and NATO to maximize effectiveness and minimize duplication.", "id": "id6fce154d-4b55-4783-acb9-389eba3da271", "header": "Purpose and objectives", "nested": [], "links": [] }, { "text": "(g) Activities \n(1) Security \nThe strategy authorized under subsection (e) should include the following elements related to security: (A) A plan to increase interagency coordination on the Black Sea region. (B) An assessment of whether a United States-led initiative with NATO allies to increase coordination, presence, and regional engagement among Black Sea states is advisable. (C) An assessment of whether there is a need to increase security assistance or security cooperation with Black Sea states, focused on Ukraine, Romania, Bulgaria, Moldova, and Georgia. (D) An assessment of the value of establishing a United States or multinational headquarters on the Black Sea, responsible for planning, readiness, exercises, and coordination of military activity in the greater Black Sea region. (E) An assessment of the challenges and opportunities of establishing a regular, rotational NATO maritime presence in the Black Sea. (F) An overview of Foreign Military Financing, International Military Education and Training, and other United States security assistance to the Black Sea region. (G) A plan for combating Russian disinformation and propaganda in the Black Sea region that utilizes the resources of the United States Government. (H) A plan to promote greater freedom of navigation to allow for greater security and economic Black Sea access. (2) Economic prosperity \nThe strategy authorized under subsection (e) shall include the following elements related to economic prosperity: (A) A strategy to foster dialogue between experts from the United States and from the Black Sea states on economic expansion, foreign direct investment, strengthening rule of law initiatives, and mitigating economic coercion by Russia and the PRC. (B) A strategy for all the relevant Federal departments and agencies that contribute to United States economic statecraft to expand their presence and identify new opportunities for private investment with regional partners in accordance with the values and interests of the United States. (C) Assessments on energy diversification, focusing on the immediate need to replace energy supplies from Russia, and recognizing the long-term importance of broader energy diversification. (D) Assessments of potential food security solutions, including sustainable, long-term arrangements beyond the Black Sea Grain Initiative. (3) Democratic resilience \nThe strategy authorized under subsection (e) shall include the following elements related to democratic resilience: (A) A strategy to increase independent media and United States-supported media initiatives to combat foreign malign influence in the Black Sea region. (B) Greater mobilization of initiatives spearheaded by the Department of State and the United States Agency for International Development to counter Russian propaganda and disinformation in the Black Sea region. (4) Regional connectivity \nThe strategy authorized under subsection (e) shall promote regional connectivity by sending high-level representatives of the Department of State or other agency partners to— (A) the Black Sea region not less frequently than twice per year; and (B) major regional fora on infrastructure and energy security, including the Three Seas Initiative Summit.", "id": "id34b87f8e-5138-47f7-b168-6b58f5daf040", "header": "Activities", "nested": [], "links": [] }, { "text": "(h) Identification of necessary programs and resources \nNot later than 360 days after the date of the enactment of this Act, the interagency strategy shall identify any necessary program, policy, or budgetary resources required, by agency, to support the implementation of the Black Sea Security Strategy for fiscal years 2024, 2025, and 2026.", "id": "id101569f7-0941-4de7-9a21-4db83c375330", "header": "Identification of necessary programs and resources", "nested": [], "links": [] }, { "text": "(i) Responsibilities of Federal departments and agencies \nNothing under this section may be construed to authorize the National Security Council to assume any of the responsibilities or authorities of the head of any Federal department, agency, or office, including the foreign affairs responsibilities and authorities of the Secretary of State, to oversee the implementation of programs and policies under this section.", "id": "id0a81011533624f84b06c0139b7aaf803", "header": "Responsibilities of Federal departments and agencies", "nested": [], "links": [] } ], "links": [] }, { "text": "6241. Sense of Congress on the renewal of the Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands \n(a) Findings \nCongress finds that— (1) in 1947, the United Nations entrusted the United States with the defense and security of the region that now comprises— (A) the Republic of Palau; (B) the Federated States of Micronesia; and (C) the Republic of the Marshall Islands; (2) in 1983, the United States signed Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands; (3) in 1985, the United States signed a Compact of Free Association with the Republic of Palau; (4) in 1986, Congress— (A) enacted the Compact of Free Association Act of 1985 ( 48 U.S.C. 1901 note; Public Law 99–239 ), which approved the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands; and (B) enacted Public Law 99–658 ( 48 U.S.C. 1931 note), which approved the Compact of Free Association with the Republic of Palau; (5) in 2003, Congress enacted the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921 note; Public Law 108–188 ), which approved and renewed the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands; (6) in 2010, the United States and the Republic of Palau agreed to terms for renewing the Compact of Free Association with the Republic of Palau in the Palau Compact Review Agreement, which was approved by Congress in section 1259C of the National Defense Authorization Act for Fiscal Year 2018 ( 48 U.S.C. 1931 note; Public Law 115–91 ); (7) on January 11, 2023, the United States signed a Memorandum of Understanding with the Republic of the Marshall Islands on funding priorities for the Compact of Free Association with the Republic of the Marshall Islands; (8) on May 22, 2023, the United States signed the U.S.-Palau 2023 Agreement, following the Compact of Free Association Section 432 Review; (9) on May 23, 2023, the United States signed 3 agreements relating to the U.S.–FSM Compact of Free Association, which included— (A) an Agreement to Amend the Compact, as amended; (B) a new fiscal procedures agreement; and (C) a new trust fund agreement; and (10) the United States is undergoing negotiations relating to the Compact of Free Association with the Republic of the Marshall Islands. (b) Sense of congress \nIt is the sense of Congress that— (1) the close and strategic partnerships of the United States with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands are vital to international peace and security in the Indo-Pacific region; (2) the Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands form the political, economic, and security architecture that bolsters and sustains security and drives regional development and the prosperity of the larger Indo-Pacific community of nations; (3) certain provisions of the current Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands expire on September 30, 2023; (4) certain provisions of the Compact of Free Association with the Republic of Palau expire on September 30, 2024; (5) it is in the national interest of the United States to successfully renegotiate and renew the Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands; and (6) enacting legislation to approve amended Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands is the most important way for Congress to support United States strategic partnerships with the 3 countries.", "id": "idd2a676c042a04dbd81e948117193abea", "header": "Sense of Congress on the renewal of the Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands", "nested": [ { "text": "(a) Findings \nCongress finds that— (1) in 1947, the United Nations entrusted the United States with the defense and security of the region that now comprises— (A) the Republic of Palau; (B) the Federated States of Micronesia; and (C) the Republic of the Marshall Islands; (2) in 1983, the United States signed Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands; (3) in 1985, the United States signed a Compact of Free Association with the Republic of Palau; (4) in 1986, Congress— (A) enacted the Compact of Free Association Act of 1985 ( 48 U.S.C. 1901 note; Public Law 99–239 ), which approved the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands; and (B) enacted Public Law 99–658 ( 48 U.S.C. 1931 note), which approved the Compact of Free Association with the Republic of Palau; (5) in 2003, Congress enacted the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921 note; Public Law 108–188 ), which approved and renewed the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands; (6) in 2010, the United States and the Republic of Palau agreed to terms for renewing the Compact of Free Association with the Republic of Palau in the Palau Compact Review Agreement, which was approved by Congress in section 1259C of the National Defense Authorization Act for Fiscal Year 2018 ( 48 U.S.C. 1931 note; Public Law 115–91 ); (7) on January 11, 2023, the United States signed a Memorandum of Understanding with the Republic of the Marshall Islands on funding priorities for the Compact of Free Association with the Republic of the Marshall Islands; (8) on May 22, 2023, the United States signed the U.S.-Palau 2023 Agreement, following the Compact of Free Association Section 432 Review; (9) on May 23, 2023, the United States signed 3 agreements relating to the U.S.–FSM Compact of Free Association, which included— (A) an Agreement to Amend the Compact, as amended; (B) a new fiscal procedures agreement; and (C) a new trust fund agreement; and (10) the United States is undergoing negotiations relating to the Compact of Free Association with the Republic of the Marshall Islands.", "id": "id905f643c3a594ea291c057614974820d", "header": "Findings", "nested": [], "links": [ { "text": "48 U.S.C. 1901", "legal-doc": "usc", "parsable-cite": "usc/48/1901" }, { "text": "Public Law 99–239", "legal-doc": "public-law", "parsable-cite": "pl/99/239" }, { "text": "Public Law 99–658", "legal-doc": "public-law", "parsable-cite": "pl/99/658" }, { "text": "48 U.S.C. 1931", "legal-doc": "usc", "parsable-cite": "usc/48/1931" }, { "text": "48 U.S.C. 1921", "legal-doc": "usc", "parsable-cite": "usc/48/1921" }, { "text": "Public Law 108–188", "legal-doc": "public-law", "parsable-cite": "pl/108/188" }, { "text": "48 U.S.C. 1931", "legal-doc": "usc", "parsable-cite": "usc/48/1931" }, { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" } ] }, { "text": "(b) Sense of congress \nIt is the sense of Congress that— (1) the close and strategic partnerships of the United States with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands are vital to international peace and security in the Indo-Pacific region; (2) the Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands form the political, economic, and security architecture that bolsters and sustains security and drives regional development and the prosperity of the larger Indo-Pacific community of nations; (3) certain provisions of the current Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands expire on September 30, 2023; (4) certain provisions of the Compact of Free Association with the Republic of Palau expire on September 30, 2024; (5) it is in the national interest of the United States to successfully renegotiate and renew the Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands; and (6) enacting legislation to approve amended Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands is the most important way for Congress to support United States strategic partnerships with the 3 countries.", "id": "ide46d7d842b36459683ed013705af2748", "header": "Sense of congress", "nested": [], "links": [] } ], "links": [ { "text": "48 U.S.C. 1901", "legal-doc": "usc", "parsable-cite": "usc/48/1901" }, { "text": "Public Law 99–239", "legal-doc": "public-law", "parsable-cite": "pl/99/239" }, { "text": "Public Law 99–658", "legal-doc": "public-law", "parsable-cite": "pl/99/658" }, { "text": "48 U.S.C. 1931", "legal-doc": "usc", "parsable-cite": "usc/48/1931" }, { "text": "48 U.S.C. 1921", "legal-doc": "usc", "parsable-cite": "usc/48/1921" }, { "text": "Public Law 108–188", "legal-doc": "public-law", "parsable-cite": "pl/108/188" }, { "text": "48 U.S.C. 1931", "legal-doc": "usc", "parsable-cite": "usc/48/1931" }, { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" } ] }, { "text": "6242. Eligibility of Taiwan for the strategic trade authorization exception to certain export control licensing requirements \n(a) Findings \nCongress makes the following findings: (1) Taiwan has adopted high standards in the field of export controls. (2) Taiwan has declared its unilateral adherence to the Missile Technology Control Regime, the Wassenaar Arrangement, the Australia Group, and the Nuclear Suppliers Group. (3) At the request of President George W. Bush, section 1206 of the Foreign Relations Authorization Act, Fiscal Year 2003 ( Public Law 107–228 ; 22 U.S.C. 2321k note) required that Taiwan be treated as if it were designated as a major non-NATO ally (as defined in section 644(q) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403(q) ). (b) Eligibility for strategic trade authorization \nThe President, consistent with the commitments of the United States under international arrangements, shall take steps so that Taiwan may be treated as if it were included in the list of countries eligible for the strategic trade authorization exception under section 740.20(c)(1) of the Export Administration Regulations to the requirement for a license for the export, re-export, or in-country transfer of an item subject to controls under the Export Administration Regulations. (c) Criteria \nBefore the President may treat Taiwan as eligible for the exception described in subsection (b), the President shall ensure that Taiwan satisfies any applicable criteria normally required for inclusion in the Country Group A:5 list set forth in Supplement No. 1 to part 740 of the Export Administration Regulations, particularly with respect to alignment of export control policies with such policies of the United States. (d) Export administration regulations defined \nIn this section, the term Export Administration Regulations has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ).", "id": "idb9ce28aac05941dc943c95c4ceb37e8d", "header": "Eligibility of Taiwan for the strategic trade authorization exception to certain export control licensing requirements", "nested": [ { "text": "(a) Findings \nCongress makes the following findings: (1) Taiwan has adopted high standards in the field of export controls. (2) Taiwan has declared its unilateral adherence to the Missile Technology Control Regime, the Wassenaar Arrangement, the Australia Group, and the Nuclear Suppliers Group. (3) At the request of President George W. Bush, section 1206 of the Foreign Relations Authorization Act, Fiscal Year 2003 ( Public Law 107–228 ; 22 U.S.C. 2321k note) required that Taiwan be treated as if it were designated as a major non-NATO ally (as defined in section 644(q) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403(q) ).", "id": "id0859c84a94b14ece9bc790a7cef4bfa4", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 107–228", "legal-doc": "public-law", "parsable-cite": "pl/107/228" }, { "text": "22 U.S.C. 2321k", "legal-doc": "usc", "parsable-cite": "usc/22/2321k" }, { "text": "22 U.S.C. 2403(q)", "legal-doc": "usc", "parsable-cite": "usc/22/2403" } ] }, { "text": "(b) Eligibility for strategic trade authorization \nThe President, consistent with the commitments of the United States under international arrangements, shall take steps so that Taiwan may be treated as if it were included in the list of countries eligible for the strategic trade authorization exception under section 740.20(c)(1) of the Export Administration Regulations to the requirement for a license for the export, re-export, or in-country transfer of an item subject to controls under the Export Administration Regulations.", "id": "idc1cdb8c6e99943be8f4a6a3d3cb4a252", "header": "Eligibility for strategic trade authorization", "nested": [], "links": [] }, { "text": "(c) Criteria \nBefore the President may treat Taiwan as eligible for the exception described in subsection (b), the President shall ensure that Taiwan satisfies any applicable criteria normally required for inclusion in the Country Group A:5 list set forth in Supplement No. 1 to part 740 of the Export Administration Regulations, particularly with respect to alignment of export control policies with such policies of the United States.", "id": "idda1c534ec3ab4c03970dc7284b5a0137", "header": "Criteria", "nested": [], "links": [] }, { "text": "(d) Export administration regulations defined \nIn this section, the term Export Administration Regulations has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ).", "id": "id57cc88471cd3432d8c3c2e2b29708448", "header": "Export administration regulations defined", "nested": [], "links": [ { "text": "50 U.S.C. 4801", "legal-doc": "usc", "parsable-cite": "usc/50/4801" } ] } ], "links": [ { "text": "Public Law 107–228", "legal-doc": "public-law", "parsable-cite": "pl/107/228" }, { "text": "22 U.S.C. 2321k", "legal-doc": "usc", "parsable-cite": "usc/22/2321k" }, { "text": "22 U.S.C. 2403(q)", "legal-doc": "usc", "parsable-cite": "usc/22/2403" }, { "text": "50 U.S.C. 4801", "legal-doc": "usc", "parsable-cite": "usc/50/4801" } ] }, { "text": "6243. Audit to identify diversion of Department of Defense funding to China's research labs \nSection 1263 is deemed to read as follows: 1263. Audit to identify diversion of Department of Defense funding to China's research labs \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Department of Defense Office of Inspector General shall conduct a study, and submit a report to Congress, regarding the amount of Federal funds awarded by the Department of Defense (whether directly or indirectly) through grants, contracts, subgrants, subcontracts, or any other type of agreement or collaboration, during the 10-year period immediately preceding such date of enactment, that— (1) was provided, whether purposely or inadvertently, to— (A) the People’s Republic of China; (B) the Communist Party of China; (C) the Wuhan Institute of Virology or any other organization administered by the Chinese Academy of Sciences; (D) EcoHealth Alliance Inc., including any subsidiaries and related organizations that are directly controlled by EcoHealth Alliance, Inc.; (E) the Academy of Military Medical Sciences or any of its research institutes, including the Beijing Institute of Microbiology and Epidemiology; or (F) any other lab, agency, organization, individual, or instrumentality that is owned, controlled (directly or indirectly), or overseen (officially or unofficially) by any of the entities listed in subparagraphs (A) through (D); or (2) was used to fund research or experiments that could have reasonably resulted in the enhancement of any coronavirus, influenza, Nipah, Ebola, or other pathogen of pandemic potential or chimeric versions of such a virus or pathogen in the People’s Republic of China or any other foreign country. (b) Identification of countries and pathogens \nThe report required under subsection (a) shall specify— (1) the countries in which the research or experiments described in subsection (a)(2) was conducted; and (2) the pathogens involved in such research or experiments..", "id": "ID745c776d300444bcb8b86b3f87d06c6b", "header": "Audit to identify diversion of Department of Defense funding to China's research labs", "nested": [], "links": [] }, { "text": "1263. Audit to identify diversion of Department of Defense funding to China's research labs \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Department of Defense Office of Inspector General shall conduct a study, and submit a report to Congress, regarding the amount of Federal funds awarded by the Department of Defense (whether directly or indirectly) through grants, contracts, subgrants, subcontracts, or any other type of agreement or collaboration, during the 10-year period immediately preceding such date of enactment, that— (1) was provided, whether purposely or inadvertently, to— (A) the People’s Republic of China; (B) the Communist Party of China; (C) the Wuhan Institute of Virology or any other organization administered by the Chinese Academy of Sciences; (D) EcoHealth Alliance Inc., including any subsidiaries and related organizations that are directly controlled by EcoHealth Alliance, Inc.; (E) the Academy of Military Medical Sciences or any of its research institutes, including the Beijing Institute of Microbiology and Epidemiology; or (F) any other lab, agency, organization, individual, or instrumentality that is owned, controlled (directly or indirectly), or overseen (officially or unofficially) by any of the entities listed in subparagraphs (A) through (D); or (2) was used to fund research or experiments that could have reasonably resulted in the enhancement of any coronavirus, influenza, Nipah, Ebola, or other pathogen of pandemic potential or chimeric versions of such a virus or pathogen in the People’s Republic of China or any other foreign country. (b) Identification of countries and pathogens \nThe report required under subsection (a) shall specify— (1) the countries in which the research or experiments described in subsection (a)(2) was conducted; and (2) the pathogens involved in such research or experiments.", "id": "idC762E31D9C2943898726F1A902610430", "header": "Audit to identify diversion of Department of Defense funding to China's research labs", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Department of Defense Office of Inspector General shall conduct a study, and submit a report to Congress, regarding the amount of Federal funds awarded by the Department of Defense (whether directly or indirectly) through grants, contracts, subgrants, subcontracts, or any other type of agreement or collaboration, during the 10-year period immediately preceding such date of enactment, that— (1) was provided, whether purposely or inadvertently, to— (A) the People’s Republic of China; (B) the Communist Party of China; (C) the Wuhan Institute of Virology or any other organization administered by the Chinese Academy of Sciences; (D) EcoHealth Alliance Inc., including any subsidiaries and related organizations that are directly controlled by EcoHealth Alliance, Inc.; (E) the Academy of Military Medical Sciences or any of its research institutes, including the Beijing Institute of Microbiology and Epidemiology; or (F) any other lab, agency, organization, individual, or instrumentality that is owned, controlled (directly or indirectly), or overseen (officially or unofficially) by any of the entities listed in subparagraphs (A) through (D); or (2) was used to fund research or experiments that could have reasonably resulted in the enhancement of any coronavirus, influenza, Nipah, Ebola, or other pathogen of pandemic potential or chimeric versions of such a virus or pathogen in the People’s Republic of China or any other foreign country.", "id": "IDd66affd6a359453fb85b95d4e354aaec", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Identification of countries and pathogens \nThe report required under subsection (a) shall specify— (1) the countries in which the research or experiments described in subsection (a)(2) was conducted; and (2) the pathogens involved in such research or experiments.", "id": "ID81853ebc5979445b888e5bbef4600604", "header": "Identification of countries and pathogens", "nested": [], "links": [] } ], "links": [] }, { "text": "6291. Sense of the Senate on digital trade and the digital economy \n(a) Findings \nCongress makes the following findings: (1) Over half of the world’s population, totaling more than 5,000,000,000 people, use the internet. (2) The digital economy encompasses the economic and social activity from billions of online connections among people, businesses, devices, and data as a result of the internet, mobile technology, and the internet of things. (3) The Bureau of Economic Analysis found that the digital economy contributed nearly 10.3 percent of United States gross domestic product and supported 8,000,000 United States jobs in 2020. (4) The digital sector added 1,400,000 new jobs between 2019 and 2022. (5) United States jobs supported by the digital economy have sustained annual wage growth at a rate of 5.9 percent since 2010, as compared to a 4.2 percent for all jobs. (6) In 2021, United States exports of digital services surpassed $594,000,000,000, accounting for more than half of all United States services exports and generating a digital services trade surplus for the United States of $262,300,000,000. (7) Digital trade bolsters the digital economy by enabling the sale of goods on the internet and the supply of online services across borders and depends on the free flow of data across borders to promote commerce, manufacturing, and innovation. (8) Digital trade has become increasingly vital to United States workers and businesses of all sizes, including the countless small and medium-sized enterprises that use digital technology, data flows, and e-commerce to export goods and services across the world. (9) Digital trade has advanced entrepreneurship opportunities for women, people of color, and individuals from otherwise underrepresented backgrounds and enabled the formation of innovative start-ups. (10) International supply chains are becoming increasingly digitized and data driven and businesses in a variety of industries, such as construction, healthcare, transportation, and aerospace, invested heavily in digital supply chain technologies in 2020. (11) United States Trade Representative Katherine Tai said, [T]here is no bright line separating digital trade from the digital economy—or the traditional economy for that matter. Nearly every aspect of our economy has been digitized to some degree.. (12) Industries outside of the technology sector, such as manufacturing and agriculture, are integrating digital technology into their businesses in order to increase efficiency, improve safety, reach new customers, and remain globally competitive. (13) The increasing reliance on digital technologies has modernized legacy processes, accelerated workflows, increased access to information and services, and strengthened security in a variety of industries, leading to better health, environmental, and safety outcomes. (14) The COVID–19 pandemic has led to increased uptake and reliance on digital technologies, data flows, and e-commerce. (15) Ninety percent of adults in the United States say that the internet has been essential or important for them personally during the COVID–19 pandemic. (16) United States families, workers, and business owners have seen how vital access to the internet has been to daily life, as work, education, medicine, and communication with family and friends have shifted increasingly online. (17) Many individuals and families, especially in rural and Tribal communities, struggle to participate in the digital economy because of a lack of access to a reliable internet connection. (18) New developments in technology must be deployed with consideration to the unique access challenges of rural, urban underserved, and vulnerable communities. (19) Digital trade has the power to help level the playing field and uplift those in traditionally unrepresented or underrepresented communities. (20) Countries have negotiated international rules governing digital trade in various bilateral and plurilateral agreements, but those rules remain fragmented, and no multilateral agreement on digital trade exists within the World Trade Organization. (21) The United States, through free trade agreements or other digital agreements, has been a leader in developing a set of rules and standards on digital governance and e-commerce that has helped allies and partners of the United States unlock the full economic and social potential of digital trade. (22) Congress recognizes the need for agreements on digital trade, as indicated by its support for a robust digital trade chapter in the United States-Mexico-Canada Agreement. (23) Other countries are operating under their own digital rules, some of which are contrary to democratic values shared by the United States and many allies and partners of the United States. (24) Those countries are attempting to advance their own digital rules on a global scale. (25) Examples of the plethora of nontariff barriers to digital trade that have emerged around the globe include— (A) overly restrictive data localization requirements and limitations on cross border data flows that do not achieve legitimate public policy objectives; (B) intellectual property rights infringement; (C) policies that make market access contingent on forced technology transfers or voluntary transfers subject to coercive terms; (D) web filtering; (E) economic espionage; (F) cybercrime exposure; and (G) government-directed theft of trade secrets. (26) Certain countries are pursuing or have implemented digital policies that unfairly discriminate against innovative United States technology companies and United States workers that create and deliver digital products and services. (27) The Government of the People’s Republic of China is currently advancing a model for digital governance and the digital economy domestically and abroad through its Digital Silk Road Initiative that permits censorship, surveillance, human and worker rights abuses, forced technology transfers, and data flow restrictions at the expense of human and worker rights, privacy, the free flow of data, and an open internet. (28) The 2022 Country Reports on Human Rights Practices of the Department of State highlighted significant human rights issues committed by the People’s Republic of China in the digital realm, including arbitrary interference with privacy including pervasive and intrusive technical surveillance and monitoring including the use of COVID–19 tracking apps for nonpublic-health purposes; punishment of family members for offenses allegedly committed by an individual; serious restrictions on free expression and media, including physical attacks on and criminal prosecution of journalists, lawyers, writers, bloggers, dissidents, petitioners, and others; serious restrictions on internet freedom, including site blocking. (29) The United States discourages digital authoritarianism, including practices that undermine human and worker rights and result in other social and economic coercion. (30) Allies and trading partners of the United States in the Indo-Pacific region have urged the United States to deepen economic engagement in the region by negotiating rules on digital trade and technology standards. (31) The digital economy has provided new opportunities for economic development, entrepreneurship, and growth in developing countries around the world. (32) Negotiating strong digital trade principles and commitments with allies and partners across the globe enables the United States to unite like-minded economies around common standards and ensure that principles of democracy, rule of law, freedom of speech, human and worker rights, privacy, and a free and open internet are at the very core of digital governance. (33) United States leadership and substantive engagement is necessary to ensure that global digital rules reflect United States values so that workers are treated fairly, small businesses can compete and win in the global economy, and consumers are guaranteed the right to privacy and security. (34) The United States supports rules that reduce digital trade barriers, promote free expression and the free flow of information, enhance privacy protections, protect sensitive information, defend human and worker rights, prohibit forced technology transfer, and promote digitally enabled commerce. (35) The United States supports efforts to cooperate with allies and trading partners to mitigate the risks of cyberattacks, address potentially illegal or deceptive business activities online, promote financial inclusion and digital workforce skills, and develop rules to govern the use of artificial intelligence and other emerging and future technologies. (b) Sense of the Senate \nIt is the sense of the Senate that— (1) the United States should negotiate strong, inclusive, forward-looking, and enforceable rules on digital trade and the digital economy with like-minded countries as part of a broader trade and economic strategy to address digital barriers and ensure that the United States values of democracy, rule of law, freedom of speech, human and worker rights, privacy, and a free and open internet are at the very core of the digital world and advanced technology; (2) in conducting such negotiations, the United States must— (A) pursue digital trade rules that— (i) serve the best interests of workers, consumers, and small and medium-sized enterprises; (ii) empower United States workers; (iii) fuel wage growth; and (iv) lead to materially positive economic outcomes for all people in the United States; (B) ensure that any future agreement prevents the adoption of non-democratic, coercive, or overly restrictive policies that would be obstacles to a free and open internet and harm the ability of the e-commerce marketplace to continue to grow and thrive; (C) coordinate sufficient trade-related assistance to ensure that developing countries can improve their capacity and benefit from increased digital trade; and (D) consult closely with all relevant stakeholders, including workers, consumers, small and medium-sized enterprises, civil society groups, and human rights advocates; and (3) with respect to any negotiations for an agreement facilitating digital trade, the United States Trade Representative and the heads of other relevant Federal agencies must consult closely and on a timely basis with Congress.", "id": "idbe9c536d44f44fb182f1c9735f28037c", "header": "Sense of the Senate on digital trade and the digital economy", "nested": [ { "text": "(a) Findings \nCongress makes the following findings: (1) Over half of the world’s population, totaling more than 5,000,000,000 people, use the internet. (2) The digital economy encompasses the economic and social activity from billions of online connections among people, businesses, devices, and data as a result of the internet, mobile technology, and the internet of things. (3) The Bureau of Economic Analysis found that the digital economy contributed nearly 10.3 percent of United States gross domestic product and supported 8,000,000 United States jobs in 2020. (4) The digital sector added 1,400,000 new jobs between 2019 and 2022. (5) United States jobs supported by the digital economy have sustained annual wage growth at a rate of 5.9 percent since 2010, as compared to a 4.2 percent for all jobs. (6) In 2021, United States exports of digital services surpassed $594,000,000,000, accounting for more than half of all United States services exports and generating a digital services trade surplus for the United States of $262,300,000,000. (7) Digital trade bolsters the digital economy by enabling the sale of goods on the internet and the supply of online services across borders and depends on the free flow of data across borders to promote commerce, manufacturing, and innovation. (8) Digital trade has become increasingly vital to United States workers and businesses of all sizes, including the countless small and medium-sized enterprises that use digital technology, data flows, and e-commerce to export goods and services across the world. (9) Digital trade has advanced entrepreneurship opportunities for women, people of color, and individuals from otherwise underrepresented backgrounds and enabled the formation of innovative start-ups. (10) International supply chains are becoming increasingly digitized and data driven and businesses in a variety of industries, such as construction, healthcare, transportation, and aerospace, invested heavily in digital supply chain technologies in 2020. (11) United States Trade Representative Katherine Tai said, [T]here is no bright line separating digital trade from the digital economy—or the traditional economy for that matter. Nearly every aspect of our economy has been digitized to some degree.. (12) Industries outside of the technology sector, such as manufacturing and agriculture, are integrating digital technology into their businesses in order to increase efficiency, improve safety, reach new customers, and remain globally competitive. (13) The increasing reliance on digital technologies has modernized legacy processes, accelerated workflows, increased access to information and services, and strengthened security in a variety of industries, leading to better health, environmental, and safety outcomes. (14) The COVID–19 pandemic has led to increased uptake and reliance on digital technologies, data flows, and e-commerce. (15) Ninety percent of adults in the United States say that the internet has been essential or important for them personally during the COVID–19 pandemic. (16) United States families, workers, and business owners have seen how vital access to the internet has been to daily life, as work, education, medicine, and communication with family and friends have shifted increasingly online. (17) Many individuals and families, especially in rural and Tribal communities, struggle to participate in the digital economy because of a lack of access to a reliable internet connection. (18) New developments in technology must be deployed with consideration to the unique access challenges of rural, urban underserved, and vulnerable communities. (19) Digital trade has the power to help level the playing field and uplift those in traditionally unrepresented or underrepresented communities. (20) Countries have negotiated international rules governing digital trade in various bilateral and plurilateral agreements, but those rules remain fragmented, and no multilateral agreement on digital trade exists within the World Trade Organization. (21) The United States, through free trade agreements or other digital agreements, has been a leader in developing a set of rules and standards on digital governance and e-commerce that has helped allies and partners of the United States unlock the full economic and social potential of digital trade. (22) Congress recognizes the need for agreements on digital trade, as indicated by its support for a robust digital trade chapter in the United States-Mexico-Canada Agreement. (23) Other countries are operating under their own digital rules, some of which are contrary to democratic values shared by the United States and many allies and partners of the United States. (24) Those countries are attempting to advance their own digital rules on a global scale. (25) Examples of the plethora of nontariff barriers to digital trade that have emerged around the globe include— (A) overly restrictive data localization requirements and limitations on cross border data flows that do not achieve legitimate public policy objectives; (B) intellectual property rights infringement; (C) policies that make market access contingent on forced technology transfers or voluntary transfers subject to coercive terms; (D) web filtering; (E) economic espionage; (F) cybercrime exposure; and (G) government-directed theft of trade secrets. (26) Certain countries are pursuing or have implemented digital policies that unfairly discriminate against innovative United States technology companies and United States workers that create and deliver digital products and services. (27) The Government of the People’s Republic of China is currently advancing a model for digital governance and the digital economy domestically and abroad through its Digital Silk Road Initiative that permits censorship, surveillance, human and worker rights abuses, forced technology transfers, and data flow restrictions at the expense of human and worker rights, privacy, the free flow of data, and an open internet. (28) The 2022 Country Reports on Human Rights Practices of the Department of State highlighted significant human rights issues committed by the People’s Republic of China in the digital realm, including arbitrary interference with privacy including pervasive and intrusive technical surveillance and monitoring including the use of COVID–19 tracking apps for nonpublic-health purposes; punishment of family members for offenses allegedly committed by an individual; serious restrictions on free expression and media, including physical attacks on and criminal prosecution of journalists, lawyers, writers, bloggers, dissidents, petitioners, and others; serious restrictions on internet freedom, including site blocking. (29) The United States discourages digital authoritarianism, including practices that undermine human and worker rights and result in other social and economic coercion. (30) Allies and trading partners of the United States in the Indo-Pacific region have urged the United States to deepen economic engagement in the region by negotiating rules on digital trade and technology standards. (31) The digital economy has provided new opportunities for economic development, entrepreneurship, and growth in developing countries around the world. (32) Negotiating strong digital trade principles and commitments with allies and partners across the globe enables the United States to unite like-minded economies around common standards and ensure that principles of democracy, rule of law, freedom of speech, human and worker rights, privacy, and a free and open internet are at the very core of digital governance. (33) United States leadership and substantive engagement is necessary to ensure that global digital rules reflect United States values so that workers are treated fairly, small businesses can compete and win in the global economy, and consumers are guaranteed the right to privacy and security. (34) The United States supports rules that reduce digital trade barriers, promote free expression and the free flow of information, enhance privacy protections, protect sensitive information, defend human and worker rights, prohibit forced technology transfer, and promote digitally enabled commerce. (35) The United States supports efforts to cooperate with allies and trading partners to mitigate the risks of cyberattacks, address potentially illegal or deceptive business activities online, promote financial inclusion and digital workforce skills, and develop rules to govern the use of artificial intelligence and other emerging and future technologies.", "id": "ida8442b29960c4f91a1ae3d6b140d50c0", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of the Senate \nIt is the sense of the Senate that— (1) the United States should negotiate strong, inclusive, forward-looking, and enforceable rules on digital trade and the digital economy with like-minded countries as part of a broader trade and economic strategy to address digital barriers and ensure that the United States values of democracy, rule of law, freedom of speech, human and worker rights, privacy, and a free and open internet are at the very core of the digital world and advanced technology; (2) in conducting such negotiations, the United States must— (A) pursue digital trade rules that— (i) serve the best interests of workers, consumers, and small and medium-sized enterprises; (ii) empower United States workers; (iii) fuel wage growth; and (iv) lead to materially positive economic outcomes for all people in the United States; (B) ensure that any future agreement prevents the adoption of non-democratic, coercive, or overly restrictive policies that would be obstacles to a free and open internet and harm the ability of the e-commerce marketplace to continue to grow and thrive; (C) coordinate sufficient trade-related assistance to ensure that developing countries can improve their capacity and benefit from increased digital trade; and (D) consult closely with all relevant stakeholders, including workers, consumers, small and medium-sized enterprises, civil society groups, and human rights advocates; and (3) with respect to any negotiations for an agreement facilitating digital trade, the United States Trade Representative and the heads of other relevant Federal agencies must consult closely and on a timely basis with Congress.", "id": "id65f533a8abe2499b905e02ef0daec782", "header": "Sense of the Senate", "nested": [], "links": [] } ], "links": [] }, { "text": "6292. Assessment of certain United States-origin technology used by foreign adversaries \n(a) In general \nThe Director of National Intelligence shall conduct an assessment to evaluate the top five technologies that originate in the United States and are not currently subject to export controls as prioritized by the Director of National Intelligence, in order to identify and assess the risk from those specified technologies that could be or are being used by foreign adversaries in foreign espionage programs targeting the United States. (b) Report required \nNot later than 270 days after the date of the enactment of this Act, the Director shall submit a report on the assessment required by subsection (a) to— (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "idc5c733c9322346deab5febfc6dc1e959", "header": "Assessment of certain United States-origin technology used by foreign adversaries", "nested": [ { "text": "(a) In general \nThe Director of National Intelligence shall conduct an assessment to evaluate the top five technologies that originate in the United States and are not currently subject to export controls as prioritized by the Director of National Intelligence, in order to identify and assess the risk from those specified technologies that could be or are being used by foreign adversaries in foreign espionage programs targeting the United States.", "id": "id309bb67a95d842f582ba3415602643fe", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report required \nNot later than 270 days after the date of the enactment of this Act, the Director shall submit a report on the assessment required by subsection (a) to— (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "idfbfc5d1e8d574f4482f4ed7100f172a7", "header": "Report required", "nested": [], "links": [] } ], "links": [] }, { "text": "6293. Virginia class submarine transfer certification \n(a) Certification required \n(1) In general \nNot less than 60 days prior to transferring one or more Virginia class submarines from the inventory of the United States Navy to the Government of Australia, under section 21 of the Arms Export Control Act ( 22 U.S.C. 2761 ), the President shall certify to the appropriate congressional committees that— (A) any submarine transferred under such authority shall be used to support the joint security interests and military operations of the United States and Australia; (B) Submarine Rotational Forces-West Full Operational Capability to support 4 rotationally deployed Virginia-class submarines and one Astute-class submarine has been achieved, including the Government of Australia having demonstrated the domestic capacity to fully perform all the associated activities necessary for the safe hosting and operation of nuclear-powered submarines; and (C) Australia Sovereign-Ready Initial Operational Capability to support a Royal Australian Navy Virginia-class submarine has been achieved, including the Government of Australia having demonstrated the domestic capacity to fully perform all the associated— (i) activities necessary for the safe hosting and operation of nuclear-powered submarines; (ii) crewing; (iii) operations; (iv) regulatory and emergency procedures, including those specific to nuclear power plants; and (v) detailed planning for enduring Virginia-class submarine ownership, including each significant event leading up to and including nuclear defueling. (b) Definitions \nIn this section: (1) Activities necessary for the safe hosting or operation of nuclear-powered submarines \nThe term activities necessary for the safe hosting and operation of nuclear-powered submarines means each of the following activities as it relates to Virginia-class and Astute-class submarines, as appropriate, and in accordance with applicable United States Navy or other Government agency instructions, regulations, and standards: (A) Maintenance. (B) Training. (C) Technical oversight. (D) Safety certifications. (E) Physical, communications, operational, cyber, and other security measures. (F) Port operations and infrastructure support. (G) Storage, including spare parts, repair parts, and munitions. (H) Hazardous material handling and storage. (I) Information technology systems. (J) Support functions, including those related to medical, quality-of-life, and family needs. (K) Such other related tasks as may be specified by the Secretary of Defense. (2) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.", "id": "id440c78630ee646238d35d55728e67837", "header": "Virginia class submarine transfer certification", "nested": [ { "text": "(a) Certification required \n(1) In general \nNot less than 60 days prior to transferring one or more Virginia class submarines from the inventory of the United States Navy to the Government of Australia, under section 21 of the Arms Export Control Act ( 22 U.S.C. 2761 ), the President shall certify to the appropriate congressional committees that— (A) any submarine transferred under such authority shall be used to support the joint security interests and military operations of the United States and Australia; (B) Submarine Rotational Forces-West Full Operational Capability to support 4 rotationally deployed Virginia-class submarines and one Astute-class submarine has been achieved, including the Government of Australia having demonstrated the domestic capacity to fully perform all the associated activities necessary for the safe hosting and operation of nuclear-powered submarines; and (C) Australia Sovereign-Ready Initial Operational Capability to support a Royal Australian Navy Virginia-class submarine has been achieved, including the Government of Australia having demonstrated the domestic capacity to fully perform all the associated— (i) activities necessary for the safe hosting and operation of nuclear-powered submarines; (ii) crewing; (iii) operations; (iv) regulatory and emergency procedures, including those specific to nuclear power plants; and (v) detailed planning for enduring Virginia-class submarine ownership, including each significant event leading up to and including nuclear defueling.", "id": "id596d72b1406e4a0997c70c97b89af272", "header": "Certification required", "nested": [], "links": [ { "text": "22 U.S.C. 2761", "legal-doc": "usc", "parsable-cite": "usc/22/2761" } ] }, { "text": "(b) Definitions \nIn this section: (1) Activities necessary for the safe hosting or operation of nuclear-powered submarines \nThe term activities necessary for the safe hosting and operation of nuclear-powered submarines means each of the following activities as it relates to Virginia-class and Astute-class submarines, as appropriate, and in accordance with applicable United States Navy or other Government agency instructions, regulations, and standards: (A) Maintenance. (B) Training. (C) Technical oversight. (D) Safety certifications. (E) Physical, communications, operational, cyber, and other security measures. (F) Port operations and infrastructure support. (G) Storage, including spare parts, repair parts, and munitions. (H) Hazardous material handling and storage. (I) Information technology systems. (J) Support functions, including those related to medical, quality-of-life, and family needs. (K) Such other related tasks as may be specified by the Secretary of Defense. (2) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.", "id": "id0038b4819c5e4a33adafeba6d1ff7621", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2761", "legal-doc": "usc", "parsable-cite": "usc/22/2761" } ] }, { "text": "6511. Annual report on development of long-range stand-off weapon \n(a) Report required \nNot later than March 1, 2024, and annually thereafter until the date on which long-range stand-off weapon reaches initial operational capability, the Administrator for Nuclear Security, in coordination with the Secretary of the Air Force and the Chairman of the Nuclear Weapons Council, shall submit to the congressional defense committees a report on the joint development of the long-range stand-off weapon, including the missile developed by the Air Force and the W80–4 warhead life extension program conducted by the National Nuclear Security Administration. (b) Elements \nThe report under subsection (a) shall include the following: (1) An estimate of the date on which the long-range stand-off weapon will reach initial operational capability. (2) A description of any development milestones for the missile developed by the Air Force or the warhead developed by the National Nuclear Security Administration that depend on corresponding progress at the other agency. (3) A description of coordination efforts between the Air Force and the National Nuclear Security Administration during the period covered by the report. (4) A description of any schedule delays projected by the Air Force or the National Nuclear Security Administration and the anticipated effect such delays would have on the schedule of work of the other agency. (5) Plans to mitigate the effects of any delays described in paragraph (4). (6) A description of any ways, including through the availability of additional funding or authorities, in which the development milestones described in paragraph (2) or the estimated date of initial operational capability referred to in paragraph (1), could be achieved more quickly. (7) An estimate of the acquisition costs for the long-range stand-off weapon and the W80–4 warhead life extension program. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "id6679eb0dc2554ff28e52c1e31be7232f", "header": "Annual report on development of long-range stand-off weapon", "nested": [ { "text": "(a) Report required \nNot later than March 1, 2024, and annually thereafter until the date on which long-range stand-off weapon reaches initial operational capability, the Administrator for Nuclear Security, in coordination with the Secretary of the Air Force and the Chairman of the Nuclear Weapons Council, shall submit to the congressional defense committees a report on the joint development of the long-range stand-off weapon, including the missile developed by the Air Force and the W80–4 warhead life extension program conducted by the National Nuclear Security Administration.", "id": "id9a55ec5b24884d879972c77d2815192d", "header": "Report required", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report under subsection (a) shall include the following: (1) An estimate of the date on which the long-range stand-off weapon will reach initial operational capability. (2) A description of any development milestones for the missile developed by the Air Force or the warhead developed by the National Nuclear Security Administration that depend on corresponding progress at the other agency. (3) A description of coordination efforts between the Air Force and the National Nuclear Security Administration during the period covered by the report. (4) A description of any schedule delays projected by the Air Force or the National Nuclear Security Administration and the anticipated effect such delays would have on the schedule of work of the other agency. (5) Plans to mitigate the effects of any delays described in paragraph (4). (6) A description of any ways, including through the availability of additional funding or authorities, in which the development milestones described in paragraph (2) or the estimated date of initial operational capability referred to in paragraph (1), could be achieved more quickly. (7) An estimate of the acquisition costs for the long-range stand-off weapon and the W80–4 warhead life extension program.", "id": "ida1482d47f91a4fb6acc5745950b5c08e", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "idaa2412165157405a85edd419b4ec6579", "header": "Form", "nested": [], "links": [] } ], "links": [] }, { "text": "6801. Short title \nThis title may be cited as the Fentanyl Eradication and Narcotics Deterrence Off Fentanyl Act or the FEND Off Fentanyl Act.", "id": "ida03ce767-dd8d-44fa-8a85-2d9eed557991", "header": "Short title", "nested": [], "links": [] }, { "text": "6802. Sense of Congress \nIt is the sense of Congress that— (1) the proliferation of fentanyl is causing an unprecedented surge in overdose deaths in the United States, fracturing families and communities, and necessitating a comprehensive policy response to combat its lethal flow and to mitigate the drug’s devastating consequences; (2) the trafficking of fentanyl into the United States is a national security threat that has killed hundreds of thousands of United States citizens; (3) transnational criminal organizations, including cartels primarily based in Mexico, are the main purveyors of fentanyl into the United States and must be held accountable; (4) precursor chemicals sourced from the People’s Republic of China are— (A) shipped from the People’s Republic of China by legitimate and illegitimate means; (B) transformed through various synthetic processes to produce different forms of fentanyl; and (C) crucial to the production of illicit fentanyl by transnational criminal organizations, contributing to the ongoing opioid crisis; (5) the United States Government must remain vigilant to address all new forms of fentanyl precursors and drugs used in combination with fentanyl, such as Xylazine, which attribute to overdose deaths of people in the United States; (6) to increase the cost of fentanyl trafficking, the United States Government should work collaboratively across agencies and should surge analytic capability to impose sanctions and other remedies with respect to transnational criminal organizations (including cartels), including foreign nationals who facilitate the trade in illicit fentanyl and its precursors from the People’s Republic of China; and (7) the Department of the Treasury should focus on fentanyl trafficking and its facilitators as one of the top national security priorities for the Department.", "id": "id34181054-1d38-4609-8ff0-b64ce3e47a6a", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "6803. Definitions \nIn this title: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (2) Foreign person \nThe term foreign person — (A) means— (i) any citizen or national of a foreign country; or (ii) any entity not organized under the laws of the United States or a jurisdiction within the United States; and (B) does not include the government of a foreign country. (3) Knowingly \nThe term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (4) Trafficking \nThe term trafficking , with respect to fentanyl, fentanyl precursors, or other related opioids, has the meaning given the term opioid trafficking in section 7203 of the Fentanyl Sanctions Act ( 21 U.S.C. 2302 ). (5) Transnational criminal organization \nThe term transnational criminal organization includes— (A) any organization designated as a significant transnational criminal organization under part 590 of title 31, Code of Federal Regulations; (B) any of the organizations known as— (i) the Sinaloa Cartel; (ii) the Jalisco New Generation Cartel; (iii) the Gulf Cartel; (iv) the Los Zetas Cartel; (v) the Juarez Cartel; (vi) the Tijuana Cartel; (vii) the Beltran-Leyva Cartel; or (viii) La Familia Michoacana; or (C) any other organization that the President determines is a transnational criminal organization; or (D) any successor organization to an organization described in subparagraph (B) or as otherwise determined by the President. (6) United States person \nThe term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States.", "id": "id8ba1aaee-8a46-4839-a81e-a46fc1f3588d", "header": "Definitions", "nested": [], "links": [ { "text": "21 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/21/2302" } ] }, { "text": "6811. Finding; policy \n(a) Finding \nCongress finds that international trafficking of fentanyl, fentanyl precursors, or other related opioids constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and is a national emergency. (b) Policy \nIt shall be the policy of the United States to apply economic and other financial sanctions to those who engage in the international trafficking of fentanyl, fentanyl precursors, or other related opioids to protect the national security, foreign policy, and economy of the United States.", "id": "id2e136679-48a3-4f12-a148-8a6a03633188", "header": "Finding; policy", "nested": [ { "text": "(a) Finding \nCongress finds that international trafficking of fentanyl, fentanyl precursors, or other related opioids constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and is a national emergency.", "id": "ide62ce877-109e-446c-92b8-98292759fa58", "header": "Finding", "nested": [], "links": [] }, { "text": "(b) Policy \nIt shall be the policy of the United States to apply economic and other financial sanctions to those who engage in the international trafficking of fentanyl, fentanyl precursors, or other related opioids to protect the national security, foreign policy, and economy of the United States.", "id": "id4681ae36-bae5-4c82-b14b-1a707e8d75f6", "header": "Policy", "nested": [], "links": [] } ], "links": [] }, { "text": "6812. Use of national emergency authorities; reporting \n(a) In general \nThe President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this part. (b) Report required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on actions taken by the executive branch pursuant to this part and any national emergency declared with respect to the trafficking of fentanyl and trade in other illicit drugs, including— (A) the issuance of any new or revised regulations, policies, or guidance; (B) the imposition of sanctions; (C) the collection of relevant information from outside parties; (D) the issuance or closure of general licenses, specific licenses, and statements of licensing policy by the Office of Foreign Assets Control; (E) a description of any pending enforcement cases; or (F) the implementation of mitigation procedures. (2) Form of report \nEach report required by paragraph (1) shall be submitted in unclassified form, but may include the matters required by subparagraphs (C), (D), (E), and (F) of that paragraph in a classified annex.", "id": "id0e11436b-63ca-4b98-b9c3-94982011373a", "header": "Use of national emergency authorities; reporting", "nested": [ { "text": "(a) In general \nThe President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this part.", "id": "ida981807d-04d7-463e-ae57-ca2a8dd22be0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on actions taken by the executive branch pursuant to this part and any national emergency declared with respect to the trafficking of fentanyl and trade in other illicit drugs, including— (A) the issuance of any new or revised regulations, policies, or guidance; (B) the imposition of sanctions; (C) the collection of relevant information from outside parties; (D) the issuance or closure of general licenses, specific licenses, and statements of licensing policy by the Office of Foreign Assets Control; (E) a description of any pending enforcement cases; or (F) the implementation of mitigation procedures. (2) Form of report \nEach report required by paragraph (1) shall be submitted in unclassified form, but may include the matters required by subparagraphs (C), (D), (E), and (F) of that paragraph in a classified annex.", "id": "idae466369-ed41-4850-918e-2e0464db566d", "header": "Report required", "nested": [], "links": [] } ], "links": [] }, { "text": "6813. Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade \nUnited States sanctions provided for in Executive Order 14059 ( 50 U.S.C. 1701 note; relating to imposing sanctions on foreign persons involved in the global illicit drug trade), and any amendments to or directives issued pursuant to such Executive order before the date of the enactment of this Act, shall remain in effect.", "id": "id84e463c6-0f9f-4096-a230-b058444e5476", "header": "Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade", "nested": [], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "6814. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations \n(a) In general \nThe President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines— (1) is knowingly involved in the significant trafficking of fentanyl, fentanyl precursors, or other related opioids, including such trafficking by a transnational criminal organization; or (2) otherwise is knowingly involved in significant activities of a transnational criminal organization relating to the trafficking of fentanyl, fentanyl precursors, or other related opioids. (b) Sanctions described \nThe President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), block and prohibit all transactions in property and interests in property of a foreign person described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (c) Report required \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on actions taken by the executive branch with respect to the foreign persons identified under subsection (a).", "id": "id0f4f29ec-0ce2-4e46-8410-bed461fda7cf", "header": "Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations", "nested": [ { "text": "(a) In general \nThe President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines— (1) is knowingly involved in the significant trafficking of fentanyl, fentanyl precursors, or other related opioids, including such trafficking by a transnational criminal organization; or (2) otherwise is knowingly involved in significant activities of a transnational criminal organization relating to the trafficking of fentanyl, fentanyl precursors, or other related opioids.", "id": "id6e02f058-a422-43df-8522-069a6407b56f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Sanctions described \nThe President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), block and prohibit all transactions in property and interests in property of a foreign person described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.", "id": "idf26252aa-dc71-4818-9145-16169df69070", "header": "Sanctions described", "nested": [], "links": [ { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "(c) Report required \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on actions taken by the executive branch with respect to the foreign persons identified under subsection (a).", "id": "ida2568e99-1436-4aea-a433-58c8081f47b2", "header": "Report required", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "6815. Penalties; waivers; exceptions \n(a) Penalties \nA person that violates, attempts to violate, conspires to violate, or causes a violation of this part or any regulation, license, or order issued to carry out this part shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (b) National security waiver \nThe President may waive the application of sanctions under this part with respect to a foreign person if the President determines that the waiver is in the national security interest of the United States. (c) Exceptions \n(1) Exception for intelligence activities \nThis part shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception for compliance with international obligations and law enforcement activities \nSanctions under this part shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (B) to carry out or assist law enforcement activity of the United States. (3) Humanitarian exemption \nThe President may not impose sanctions under this part with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for the provision of humanitarian assistance.", "id": "id1e871ee8-14dd-4d22-8eec-bf1f6102fe5e", "header": "Penalties; waivers; exceptions", "nested": [ { "text": "(a) Penalties \nA person that violates, attempts to violate, conspires to violate, or causes a violation of this part or any regulation, license, or order issued to carry out this part shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.", "id": "id76240f70-ee97-4187-909c-9e335578d148", "header": "Penalties", "nested": [], "links": [ { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" } ] }, { "text": "(b) National security waiver \nThe President may waive the application of sanctions under this part with respect to a foreign person if the President determines that the waiver is in the national security interest of the United States.", "id": "id10bcd482-c09e-4726-a4c3-59bd5367673e", "header": "National security waiver", "nested": [], "links": [] }, { "text": "(c) Exceptions \n(1) Exception for intelligence activities \nThis part shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception for compliance with international obligations and law enforcement activities \nSanctions under this part shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (B) to carry out or assist law enforcement activity of the United States. (3) Humanitarian exemption \nThe President may not impose sanctions under this part with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for the provision of humanitarian assistance.", "id": "id49809974-af83-4f5d-98b3-7b3a0114a66c", "header": "Exceptions", "nested": [], "links": [ { "text": "50 U.S.C. 3091 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3091" } ] } ], "links": [ { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" }, { "text": "50 U.S.C. 3091 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3091" } ] }, { "text": "6816. Treatment of forfeited property of transnational criminal organizations \n(a) Transfer of forfeited property to forfeiture funds \n(1) In general \nAny covered forfeited property shall be deposited into the Department of the Treasury Forfeiture Fund established under section 9705 of title 31, United States Code, or the Department of Justice Assets Forfeiture Fund established under section 524(c) of title 28, United States Code. (2) Report required \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report on any deposits made under paragraph (1) during the 180-day period preceding submission of the report. (3) Covered forfeited property defined \nIn this subsection, the term covered forfeited property means property— (A) forfeited to the United States under chapter 46 or section 1963 of title 18, United States Code; and (B) that belonged to or was possessed by an individual affiliated with or connected to a transnational criminal organization subject to sanctions under— (i) this part; (ii) the Fentanyl Sanctions Act ( 21 U.S.C. 2301 et seq. ); or (iii) Executive Order 14059 ( 50 U.S.C. 1701 note; relating to imposing sanctions on foreign persons involved in the global illicit drug trade). (b) Blocked assets under Terrorism Risk Insurance Act of 2002 \nNothing in this part affects the treatment of blocked assets of a terrorist party described in subsection (a) of section 201 of the Terrorism Risk Insurance Act of 2002 ( 28 U.S.C. 1610 note).", "id": "id5e047037-d8d5-49b3-bafe-5a58de9a364c", "header": "Treatment of forfeited property of transnational criminal organizations", "nested": [ { "text": "(a) Transfer of forfeited property to forfeiture funds \n(1) In general \nAny covered forfeited property shall be deposited into the Department of the Treasury Forfeiture Fund established under section 9705 of title 31, United States Code, or the Department of Justice Assets Forfeiture Fund established under section 524(c) of title 28, United States Code. (2) Report required \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report on any deposits made under paragraph (1) during the 180-day period preceding submission of the report. (3) Covered forfeited property defined \nIn this subsection, the term covered forfeited property means property— (A) forfeited to the United States under chapter 46 or section 1963 of title 18, United States Code; and (B) that belonged to or was possessed by an individual affiliated with or connected to a transnational criminal organization subject to sanctions under— (i) this part; (ii) the Fentanyl Sanctions Act ( 21 U.S.C. 2301 et seq. ); or (iii) Executive Order 14059 ( 50 U.S.C. 1701 note; relating to imposing sanctions on foreign persons involved in the global illicit drug trade).", "id": "id1a97d908-2a20-437f-814e-f6060d112873", "header": "Transfer of forfeited property to forfeiture funds", "nested": [], "links": [ { "text": "21 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/2301" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "(b) Blocked assets under Terrorism Risk Insurance Act of 2002 \nNothing in this part affects the treatment of blocked assets of a terrorist party described in subsection (a) of section 201 of the Terrorism Risk Insurance Act of 2002 ( 28 U.S.C. 1610 note).", "id": "id9bd4001c-019d-43a0-9f2f-33d28b8f18fb", "header": "Blocked assets under Terrorism Risk Insurance Act of 2002", "nested": [], "links": [ { "text": "28 U.S.C. 1610", "legal-doc": "usc", "parsable-cite": "usc/28/1610" } ] } ], "links": [ { "text": "21 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/2301" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "28 U.S.C. 1610", "legal-doc": "usc", "parsable-cite": "usc/28/1610" } ] }, { "text": "6821. Ten-year statute of limitations for violations of sanctions \n(a) International Emergency Economic Powers Act \nSection 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) is amended by adding at the end the following: (d) Statute of limitations \n(1) Time for commencing proceedings \n(A) In general \nAn action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within ten years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) Commencement \nFor purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) Time for indictment \nNo person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within ten years after the latest date of the violation upon which the indictment or information is based.. (b) Trading with the Enemy Act \nSection 16 of the Trading with the Enemy Act ( 50 U.S.C. 4315 ) is amended by adding at the end the following: (d) Statute of limitations \n(1) Time for commencing proceedings \n(A) In general \nAn action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within ten years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) Commencement \nFor purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) Time for indictment \nNo person shall be prosecuted, tried, or punished for any offense under subsection (a) unless the indictment is found or the information is instituted within ten years after the latest date of the violation upon which the indictment or information is based..", "id": "id5b36a5e8-4861-4834-b62b-31b0a10bcfc6", "header": "Ten-year statute of limitations for violations of sanctions", "nested": [ { "text": "(a) International Emergency Economic Powers Act \nSection 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) is amended by adding at the end the following: (d) Statute of limitations \n(1) Time for commencing proceedings \n(A) In general \nAn action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within ten years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) Commencement \nFor purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) Time for indictment \nNo person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within ten years after the latest date of the violation upon which the indictment or information is based..", "id": "idb6dbcc92-e7a4-4f32-951d-59a04c272e89", "header": "International Emergency Economic Powers Act", "nested": [], "links": [ { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" } ] }, { "text": "(b) Trading with the Enemy Act \nSection 16 of the Trading with the Enemy Act ( 50 U.S.C. 4315 ) is amended by adding at the end the following: (d) Statute of limitations \n(1) Time for commencing proceedings \n(A) In general \nAn action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within ten years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) Commencement \nFor purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) Time for indictment \nNo person shall be prosecuted, tried, or punished for any offense under subsection (a) unless the indictment is found or the information is instituted within ten years after the latest date of the violation upon which the indictment or information is based..", "id": "idc4ebaff1-3b4d-4c61-8acb-8bde862bae21", "header": "Trading with the Enemy Act", "nested": [], "links": [ { "text": "50 U.S.C. 4315", "legal-doc": "usc", "parsable-cite": "usc/50/4315" } ] } ], "links": [ { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" }, { "text": "50 U.S.C. 4315", "legal-doc": "usc", "parsable-cite": "usc/50/4315" } ] }, { "text": "6822. Classified report and briefing on staffing of Office of Foreign Assets Control \nNot later than 180 days after the date of the enactment of this Act, the Director of the Office of Foreign Assets Control shall provide to the appropriate congressional committees a classified report and briefing on the staffing of the Office of Foreign Assets Control, disaggregated by staffing dedicated to each sanctions program and each country or issue.", "id": "ide5951f5d-c55f-4568-8551-edaceb47c29c", "header": "Classified report and briefing on staffing of Office of Foreign Assets Control", "nested": [], "links": [] }, { "text": "6823. Report on drug transportation routes and use of vessels with mislabeled cargo \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in conjunction with the heads of other relevant Federal agencies, shall provide to the appropriate congressional committees a classified report and briefing on efforts to target drug transportation routes and modalities, including an assessment of the prevalence of false cargo labeling and shipment of precursor chemicals without accurate tracking of the customers purchasing the chemicals.", "id": "id75a35cb8-c9f9-492d-932b-66f2c4aac57a", "header": "Report on drug transportation routes and use of vessels with mislabeled cargo", "nested": [], "links": [] }, { "text": "6824. Report on actions of People’s Republic of China with respect to persons involved in fentanyl supply chain \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in conjunction with the heads of other relevant Federal agencies, shall provide to the appropriate congressional committees a classified report and briefing on actions taken by the Government of the People’s Republic of China with respect to persons involved in the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills.", "id": "id56afc7634dd84573b3199bb1d68ee4a9", "header": "Report on actions of People’s Republic of China with respect to persons involved in fentanyl supply chain", "nested": [], "links": [] }, { "text": "6831. Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern \nSubtitle A of the Fentanyl Sanctions Act ( 21 U.S.C. 2311 et seq. ) is amended by inserting after section 7213 the following: 7213A. Designation of transactions of sanctioned persons as of primary money laundering concern \n(a) In general \nIf the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more financial institutions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts within, or involving, a jurisdiction outside of the United States, is of primary money laundering concern in connection with illicit opioid trafficking, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law— (1) require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures provided for in section 9714(a)(1) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note); or (2) prohibit, or impose conditions upon, certain transmittals of funds (to be defined by the Secretary) by any domestic financial institution or domestic financial agency, if such transmittal of funds involves any such institution, class of transaction, or type of accounts. (b) Classified information \nIn any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section. (c) Availability of information \nThe exemptions from, and prohibitions on, search and disclosure referred to in section 9714(c) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a). For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of that section. (d) Penalties \nThe penalties referred to in section 9714(d) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection (a), in the same manner and to the same extent as described in such section 9714(d). (e) Injunctions \nThe Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) in the same manner and to the same extent as described in section 9714(e) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note)..", "id": "id14281791-04a7-446f-ac82-9a9e1c0260e0", "header": "Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern", "nested": [], "links": [ { "text": "21 U.S.C. 2311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/2311" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" } ] }, { "text": "7213A. Designation of transactions of sanctioned persons as of primary money laundering concern \n(a) In general \nIf the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more financial institutions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts within, or involving, a jurisdiction outside of the United States, is of primary money laundering concern in connection with illicit opioid trafficking, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law— (1) require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures provided for in section 9714(a)(1) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note); or (2) prohibit, or impose conditions upon, certain transmittals of funds (to be defined by the Secretary) by any domestic financial institution or domestic financial agency, if such transmittal of funds involves any such institution, class of transaction, or type of accounts. (b) Classified information \nIn any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section. (c) Availability of information \nThe exemptions from, and prohibitions on, search and disclosure referred to in section 9714(c) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a). For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of that section. (d) Penalties \nThe penalties referred to in section 9714(d) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection (a), in the same manner and to the same extent as described in such section 9714(d). (e) Injunctions \nThe Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) in the same manner and to the same extent as described in section 9714(e) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note).", "id": "idef78166a-76d2-462e-b9a8-e77b0a827145", "header": "Designation of transactions of sanctioned persons as of primary money laundering concern", "nested": [ { "text": "(a) In general \nIf the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more financial institutions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts within, or involving, a jurisdiction outside of the United States, is of primary money laundering concern in connection with illicit opioid trafficking, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law— (1) require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures provided for in section 9714(a)(1) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note); or (2) prohibit, or impose conditions upon, certain transmittals of funds (to be defined by the Secretary) by any domestic financial institution or domestic financial agency, if such transmittal of funds involves any such institution, class of transaction, or type of accounts.", "id": "id62774c12-fc97-4553-8740-8c922283ba8d", "header": "In general", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" } ] }, { "text": "(b) Classified information \nIn any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section.", "id": "idc0712e31-4d48-418f-8b08-30d007559819", "header": "Classified information", "nested": [], "links": [] }, { "text": "(c) Availability of information \nThe exemptions from, and prohibitions on, search and disclosure referred to in section 9714(c) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a). For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of that section.", "id": "idc2dc280c-c1cb-4ec1-893f-0a26aac5e669", "header": "Availability of information", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" } ] }, { "text": "(d) Penalties \nThe penalties referred to in section 9714(d) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection (a), in the same manner and to the same extent as described in such section 9714(d).", "id": "id86c48cfc-d83d-417f-8e94-27162d0bd56c", "header": "Penalties", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" } ] }, { "text": "(e) Injunctions \nThe Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) in the same manner and to the same extent as described in section 9714(e) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note).", "id": "id42d767ef-0229-41b4-ba01-7398ba22f00a", "header": "Injunctions", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" } ] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" } ] }, { "text": "6832. Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network \n(a) Filing instructions \nNot later than 180 days after the date of the enactment of this Act, the Director of the Financial Crimes Enforcement Network shall issue guidance or instructions to United States financial institutions for filing reports on suspicious transactions required by section 1010.320 of title 31, Code of Federal Regulations, related to suspected fentanyl trafficking by transnational criminal organizations. (b) Prioritization of reports relating to fentanyl trafficking or transnational criminal organizations \nThe Director shall prioritize research into reports described in subsection (a) that indicate a connection to trafficking of fentanyl or related synthetic opioids or financing of suspected transnational criminal organizations.", "id": "id1ff0eac2-a092-4160-9a69-19afad387011", "header": "Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network", "nested": [ { "text": "(a) Filing instructions \nNot later than 180 days after the date of the enactment of this Act, the Director of the Financial Crimes Enforcement Network shall issue guidance or instructions to United States financial institutions for filing reports on suspicious transactions required by section 1010.320 of title 31, Code of Federal Regulations, related to suspected fentanyl trafficking by transnational criminal organizations.", "id": "idca937fe3-20ae-4c3e-8343-c5c95488aeba", "header": "Filing instructions", "nested": [], "links": [] }, { "text": "(b) Prioritization of reports relating to fentanyl trafficking or transnational criminal organizations \nThe Director shall prioritize research into reports described in subsection (a) that indicate a connection to trafficking of fentanyl or related synthetic opioids or financing of suspected transnational criminal organizations.", "id": "id05a4dc37-41b0-4c32-9a02-a0ec0d945291", "header": "Prioritization of reports relating to fentanyl trafficking or transnational criminal organizations", "nested": [], "links": [] } ], "links": [] }, { "text": "6833. Report on trade-based money laundering in trade with Mexico, the People's Republic of China, and Burma \n(a) In general \nIn the first update to the national strategy for combating the financing of terrorism and related forms of illicit finance submitted to Congress after the date of the enactment of this Act, the Secretary of the Treasury shall include a report on trade-based money laundering originating in Mexico or the People’s Republic of China and involving Burma. (b) Definition \nIn this section, the term national strategy for combating the financing of terrorism and related forms of illicit finance means the national strategy for combating the financing of terrorism and related forms of illicit finance required by section 261 of the Countering America’s Adversaries Through Sanctions Act ( Public Law 115–44 ; 131 Stat. 934), as amended by section 6506 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 2428).", "id": "id838ee369-b6ac-4e02-82f6-39c0941c9a76", "header": "Report on trade-based money laundering in trade with Mexico, the People's Republic of China, and Burma", "nested": [ { "text": "(a) In general \nIn the first update to the national strategy for combating the financing of terrorism and related forms of illicit finance submitted to Congress after the date of the enactment of this Act, the Secretary of the Treasury shall include a report on trade-based money laundering originating in Mexico or the People’s Republic of China and involving Burma.", "id": "id561e30f8a4c44d06949fb73dfab6d00a", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definition \nIn this section, the term national strategy for combating the financing of terrorism and related forms of illicit finance means the national strategy for combating the financing of terrorism and related forms of illicit finance required by section 261 of the Countering America’s Adversaries Through Sanctions Act ( Public Law 115–44 ; 131 Stat. 934), as amended by section 6506 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 2428).", "id": "id42ccd398cb154537a8defdd3eebb76eb", "header": "Definition", "nested": [], "links": [ { "text": "Public Law 115–44", "legal-doc": "public-law", "parsable-cite": "pl/115/44" }, { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] } ], "links": [ { "text": "Public Law 115–44", "legal-doc": "public-law", "parsable-cite": "pl/115/44" }, { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "6841. Exception relating to importation of goods \n(a) In general \nThe authority or a requirement to block and prohibit all transactions in all property and interests in property under this title shall not include the authority or a requirement to impose sanctions on the importation of goods. (b) Good defined \nIn this section, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.", "id": "id5838e0d4a7b1400e8f5efd9e35376902", "header": "Exception relating to importation of goods", "nested": [ { "text": "(a) In general \nThe authority or a requirement to block and prohibit all transactions in all property and interests in property under this title shall not include the authority or a requirement to impose sanctions on the importation of goods.", "id": "idee7b9fdd6f814a9e9905b9dd0f377830", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Good defined \nIn this section, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.", "id": "id7e7868f45e884422a660bd4e95fd9cb4", "header": "Good defined", "nested": [], "links": [] } ], "links": [] }, { "text": "7851. Report on plan to replace houses at Fort Leonard Wood \nNot later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to Congress an unclassified report on the plan of the Army to replace all 1,142 houses at Fort Leonard Wood that the Army has designated as being in need of repair.", "id": "id308d78efab5548919051ef2e05744c41", "header": "Report on plan to replace houses at Fort Leonard Wood", "nested": [], "links": [] }, { "text": "7881. Study on impact on members of the Armed Forces and dependents of construction projects that affect quality of life \n(a) In general \nThe Secretary of Defense shall conduct a study, through the use of an independent and objective organization outside the Department of Defense, on the correlation between military construction projects and facilities sustainment, restoration, and modernization projects at installations of the Department of Defense that affect the quality of life of members of the Armed Forces and their dependents and the following: (1) Retention of members of the Armed Forces on active duty. (2) Physical health of members of the Armed Forces, including an identification of whether the age, condition, and deferred maintenance of a dormitory or barracks is in any way related to the frequency of sexual assaults and other crimes at installations of the Department. (3) Mental health of members of the Armed Forces. (b) Report \nNot later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the study conducted under subsection (a).", "id": "id7afd08a8f72143b59749e6f7e47b0163", "header": "Study on impact on members of the Armed Forces and dependents of construction projects that affect quality of life", "nested": [ { "text": "(a) In general \nThe Secretary of Defense shall conduct a study, through the use of an independent and objective organization outside the Department of Defense, on the correlation between military construction projects and facilities sustainment, restoration, and modernization projects at installations of the Department of Defense that affect the quality of life of members of the Armed Forces and their dependents and the following: (1) Retention of members of the Armed Forces on active duty. (2) Physical health of members of the Armed Forces, including an identification of whether the age, condition, and deferred maintenance of a dormitory or barracks is in any way related to the frequency of sexual assaults and other crimes at installations of the Department. (3) Mental health of members of the Armed Forces.", "id": "ided439d6205304e94b5feeca87791fdfa", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the study conducted under subsection (a).", "id": "ida45e1bcf0555419ba2a2fdbf637c1841", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "7882. Modification of pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force \n(a) In general \nSection 2862 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81 ; 10 U.S.C. 9771 note prec.) is amended— (1) in subsection (a), by striking testing and inserting Major Range and Test Facility Base (MRTFB) ; (2) in subsection (b), by inserting , have Major Range and Test Facility Base facilities, after construct ; (3) by amending subsection (c) to read as follows: (c) Oversight of funds \n(1) Use of amounts \nThe commander of an installation selected to participate in the pilot program may obligate or expend amounts reimbursed under the pilot program for projects at the installation. (2) Designation of maintenance costs \n(A) In general \nThe commander of an installation selected to participate in the pilot program may designate the appropriate amount of maintenance costs to be charged to users of Major Range and Test Facility Base facilities under the pilot program. (B) Use of maintenance cost reimbursements \nMaintenance cost reimbursements under subparagraph (A) for an installation may be used either singly or in combination with appropriated funds to satisfy the costs of maintenance projects at the installation. (3) Oversight \nThe commander of an installation selected for the pilot program shall have direct oversight over amounts reimbursed to the installation under the pilot program for Facility, Sustainment, Restoration, and Modernization. ; (4) by redesignating subsection (e) as subsection (f); (5) by inserting after subsection (d) the following new subsection (e): (e) No reduction of appropriation \nIn order to allow full assessment of the viability of the pilot program, appropriations to installations selected to participate in the pilot program for Facility, Sustainment, Restoration, and Modernization shall not be reduced on the basis of participation in the pilot program or usage of the pilot program reimbursements and realized reimbursements from customers under the pilot program shall not be used as a basis for reduction of such appropriations. ; and (6) in subsection (f) as redesignated by paragraph (2), by striking December 1, 2026 and inserting December 1, 2027. (b) Clerical amendments \n(1) Section header \nThe header for such section is amended to read as follows: 2862. Pilot program to augment appropriated amounts with maintenance reimbursements from Major Range and Test Facility Base users at installations of the Department of the Air Force \n. (2) Table of Contents \nThe table of contents for the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) and the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81 ) are each amended by striking the item relating to section 2862 and inserting the following new item: Sec. 2862. Pilot program to augment appropriated amounts with maintenance reimbursements from Major Range and Test Facility Base users at installations of the Department of the Air Force..", "id": "idf6ef29b91bb640b7b9e30f76c13ae7e7", "header": "Modification of pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force", "nested": [ { "text": "(a) In general \nSection 2862 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81 ; 10 U.S.C. 9771 note prec.) is amended— (1) in subsection (a), by striking testing and inserting Major Range and Test Facility Base (MRTFB) ; (2) in subsection (b), by inserting , have Major Range and Test Facility Base facilities, after construct ; (3) by amending subsection (c) to read as follows: (c) Oversight of funds \n(1) Use of amounts \nThe commander of an installation selected to participate in the pilot program may obligate or expend amounts reimbursed under the pilot program for projects at the installation. (2) Designation of maintenance costs \n(A) In general \nThe commander of an installation selected to participate in the pilot program may designate the appropriate amount of maintenance costs to be charged to users of Major Range and Test Facility Base facilities under the pilot program. (B) Use of maintenance cost reimbursements \nMaintenance cost reimbursements under subparagraph (A) for an installation may be used either singly or in combination with appropriated funds to satisfy the costs of maintenance projects at the installation. (3) Oversight \nThe commander of an installation selected for the pilot program shall have direct oversight over amounts reimbursed to the installation under the pilot program for Facility, Sustainment, Restoration, and Modernization. ; (4) by redesignating subsection (e) as subsection (f); (5) by inserting after subsection (d) the following new subsection (e): (e) No reduction of appropriation \nIn order to allow full assessment of the viability of the pilot program, appropriations to installations selected to participate in the pilot program for Facility, Sustainment, Restoration, and Modernization shall not be reduced on the basis of participation in the pilot program or usage of the pilot program reimbursements and realized reimbursements from customers under the pilot program shall not be used as a basis for reduction of such appropriations. ; and (6) in subsection (f) as redesignated by paragraph (2), by striking December 1, 2026 and inserting December 1, 2027.", "id": "ide4c37568d6d448b8879bbf115943d0b0", "header": "In general", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 9771", "legal-doc": "usc", "parsable-cite": "usc/10/9771" } ] }, { "text": "(b) Clerical amendments \n(1) Section header \nThe header for such section is amended to read as follows: 2862. Pilot program to augment appropriated amounts with maintenance reimbursements from Major Range and Test Facility Base users at installations of the Department of the Air Force \n. (2) Table of Contents \nThe table of contents for the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) and the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81 ) are each amended by striking the item relating to section 2862 and inserting the following new item: Sec. 2862. Pilot program to augment appropriated amounts with maintenance reimbursements from Major Range and Test Facility Base users at installations of the Department of the Air Force..", "id": "id5f7f9b106052455da6867c1f68297167", "header": "Clerical amendments", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] } ], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 9771", "legal-doc": "usc", "parsable-cite": "usc/10/9771" }, { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" } ] }, { "text": "2862. Pilot program to augment appropriated amounts with maintenance reimbursements from Major Range and Test Facility Base users at installations of the Department of the Air Force", "id": "idceea5ec14f02470bafe86c8ff02f011f", "header": "Pilot program to augment appropriated amounts with maintenance reimbursements from Major Range and Test Facility Base users at installations of the Department of the Air Force", "nested": [], "links": [] }, { "text": "8141. Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy \n(a) Short title \nThis section may be cited as the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2023 or the ADVANCE Act of 2023. (b) Definitions \nIn this section: (1) Accident tolerant fuel \nThe term accident tolerant fuel has the meaning given the term in section 107(a) of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 ; 132 Stat. 5577). (2) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (3) Advanced nuclear fuel \nThe term advanced nuclear fuel means— (A) advanced nuclear reactor fuel; and (B) accident tolerant fuel. (4) Advanced nuclear reactor \nThe term advanced nuclear reactor has the meaning given the term in section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ). (5) Advanced nuclear reactor fuel \nThe term advanced nuclear reactor fuel has the meaning given the term in section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ). (6) Appropriate committees of C ongress \nThe term appropriate committees of Congress means— (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. (7) Commission \nThe term Commission means the Nuclear Regulatory Commission. (8) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (9) National Laboratory \nThe term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (c) International nuclear reactor export and innovation activities \n(1) Coordination \n(A) In general \nThe Commission shall— (i) coordinate all work of the Commission relating to— (I) nuclear reactor import and export licensing; and (II) international regulatory cooperation and assistance relating to nuclear reactors, including with countries that are members of— (aa) the Organisation for Economic Co-operation and Development; or (bb) the Nuclear Energy Agency; and (ii) support interagency and international coordination with respect to— (I) the consideration of international technical standards to establish the licensing and regulatory basis to assist the design, construction, and operation of nuclear systems; (II) efforts to help build competent nuclear regulatory organizations and legal frameworks in countries seeking to develop nuclear power; and (III) exchange programs and training provided, in coordination with the Secretary of State, to other countries relating to nuclear regulation and oversight to improve nuclear technology licensing, in accordance with subparagraph (B). (B) Exchange programs and training \nWith respect to the exchange programs and training described in subparagraph (A)(ii)(III), the Commission shall coordinate, as applicable, with— (i) the Secretary of Energy; (ii) the Secretary of State; (iii) National Laboratories; (iv) the private sector; and (v) institutions of higher education. (2) Authority To establish branch \nThe Commission may establish within the Office of International Programs a branch, to be known as the International Nuclear Reactor Export and Innovation Branch , to carry out such international nuclear reactor export and innovation activities as the Commission determines to be appropriate and within the mission of the Commission. (3) Exclusion of international activities from the fee base \n(A) In general \nSection 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended— (i) in subsection (a), by adding at the end the following: (4) International nuclear reactor export and innovation activities \nThe Commission shall identify in the annual budget justification international nuclear reactor export and innovation activities described in subsection (c)(1) of the ADVANCE Act of 2023. ; and (ii) in subsection (b)(1)(B), by adding at the end the following: (iv) Costs for international nuclear reactor export and innovation activities described in subsection (c)(1) of the ADVANCE Act of 2023.. (B) Effective date \nThe amendments made by subparagraph (A) shall take effect on October 1, 2024. (4) Coordination \nThe Commission shall coordinate all international activities under this subsection with the Secretary of State and other applicable agencies, as appropriate. (5) Savings clause \nNothing in this subsection alters the authority of the Commission to license and regulate the civilian use of radioactive materials. (d) Denial of certain domestic licenses for national security purposes \n(1) Definition of covered fuel \nIn this subsection, the term covered fuel means enriched uranium that is fabricated into fuel assemblies for nuclear reactors by an entity that— (A) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (2) Prohibition on unlicensed possession or ownership of covered fuel \nUnless specifically authorized by the Commission in a license issued under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ) and part 70 of title 10, Code of Federal Regulations (or successor regulations), no person subject to the jurisdiction of the Commission may possess or own covered fuel. (3) License To possess or own covered fuel \n(A) Consultation required prior to issuance \nThe Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ) and part 70 of title 10, Code of Federal Regulations (or successor regulations), unless the Commission has first consulted with the Secretary of Energy and the Secretary of State before issuing the license. (B) Prohibition on issuance of license \n(i) In general \nSubject to clause (iii), a license to possess or own covered fuel shall not be issued if the Secretary of Energy and the Secretary of State make the determination described in clause (ii)(I)(aa). (ii) Determination \n(I) In general \nThe determination referred to in clause (i) is a determination that possession or ownership, as applicable, of covered fuel— (aa) poses a threat to the national security of the United States, including because of an adverse impact on the physical and economic security of the United States; or (bb) does not pose a threat to the national security of the United States. (II) Joint determination \nA determination described in subclause (I) shall be jointly made by the Secretary of Energy and the Secretary of State. (III) Timeline \n(aa) Notice of application \nNot later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary of Energy and the Secretary of State of the application. (bb) Determination \nThe Secretary of Energy and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary of Energy and the Secretary of State under item (aa) of an application for a license to possess or own covered fuel, in which to make the determination described in subclause (I). (cc) Commission notification \nOn making the determination described in subclause (I), the Secretary of Energy and the Secretary of State shall immediately notify the Commission. (dd) Congressional notification \nNot later than 30 days after the date on which the Secretary of Energy and the Secretary of State notify the Commission under item (cc), the Commission shall notify the appropriate committees of Congress, the Committee on Foreign Relations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Foreign Affairs of the House of Representatives of the determination. (ee) Public notice \nNot later than 15 days after the date on which the Commission notifies Congress under item (dd) of a determination made under subclause (I), the Commission shall make that determination publicly available. (iii) Effect of no determination \nThe Commission shall not issue a license if the Secretary of Energy and the Secretary of State have not made a determination described in clause (ii). (4) Savings clause \nNothing in this subsection alters any treaty or international agreement in effect on the date of enactment of this Act or that enters into force after the date of enactment of this Act. (e) Export license requirements \n(1) Definition of low-Enriched uranium \nIn this subsection, the term low-enriched uranium means uranium enriched to less than 20 percent of the uranium-235 isotope. (2) Requirement \nThe Commission shall not issue an export license for the transfer of any item described in paragraph (4) to a country described in paragraph (3) unless the Commission, in consultation with the Secretary of State and any other relevant agencies, makes a determination that such transfer will not be inimical to the common defense and security of the United States. (3) Countries described \nA country referred to in paragraph (2) is a country that— (A) has not concluded and ratified an Additional Protocol to its safeguards agreement with the International Atomic Energy Agency; or (B) has not ratified or acceded to the amendment to the Convention on the Physical Protection of Nuclear Material, adopted at Vienna October 26, 1979, and opened for signature at New York March 3, 1980 (TIAS 11080), described in the information circular of the International Atomic Energy Agency numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016 (TIAS 16–508). (4) Items described \nAn item referred to in paragraph (2) includes— (A) unirradiated nuclear fuel containing special nuclear material (as defined in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 )), excluding low-enriched uranium; (B) a nuclear reactor that uses nuclear fuel described in subparagraph (A); and (C) any plant or component listed in Appendix I to part 110 of title 10, Code of Federal Regulations (or successor regulations), that is involved in— (i) the reprocessing of irradiated nuclear reactor fuel elements; (ii) the separation of plutonium; or (iii) the separation of the uranium-233 isotope. (5) Notification \nIf the Commission, in consultation with the Secretary of State and any other relevant agencies, makes a determination, in accordance with applicable laws and regulations, under paragraph (2) that the transfer of any item described in paragraph (4) to a country described in paragraph (3) will not be inimical to the common defense and security of the United States, the Commission shall notify the appropriate committees of Congress, the Committee on Foreign Relations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Foreign Affairs of the House of Representatives. (f) Fees for advanced nuclear reactor application review \n(1) Definitions \nSection 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ) is amended— (A) by redesignating paragraphs (2) through (15) as paragraphs (3), (6), (7), (8), (9), (10), (12), (15), (16), (17), (18), (19), (20), and (21), respectively; (B) by inserting after paragraph (1) the following: (2) Advanced nuclear reactor applicant \nThe term advanced nuclear reactor applicant means an entity that has submitted to the Commission an application to receive a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). ; (C) by inserting after paragraph (3) (as so redesignated) the following: (4) Advanced nuclear reactor pre-applicant \nThe term advanced nuclear reactor pre-applicant means an entity that has submitted to the Commission a licensing project plan for the purposes of submitting a future application to receive a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). (5) Agency support \nThe term agency support means the resources of the Commission that are located in executive, administrative, and other support offices of the Commission, as described in the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document). ; (D) by inserting after paragraph (10) (as so redesignated) the following: (11) Hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program \nThe term hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program means the quotient obtained by dividing— (A) the full-time equivalent rate (within the meaning of the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document)) for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program (as determined by the Commission) for a fiscal year; by (B) the productive hours assumption for that fiscal year, determined in accordance with the formula established in the document referred to in subparagraph (A) (or a successor document). ; and (E) by inserting after paragraph (12) (as so redesignated) the following: (13) Mission-direct program salaries and benefits for the Nuclear Reactor Safety Program \nThe term mission-direct program salaries and benefits for the Nuclear Reactor Safety Program means the resources of the Commission that are allocated to the Nuclear Reactor Safety Program (as determined by the Commission) to perform core work activities committed to fulfilling the mission of the Commission, as described in the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document). (14) Mission-indirect program support \nThe term mission-indirect program support means the resources of the Commission that support the core mission-direct activities for the Nuclear Reactor Safety Program of the Commission (as determined by the Commission), as described in the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document).. (2) Excluded activities \nSection 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) ) (as amended by subsection (c)(3)(A)(ii)) is amended by adding at the end the following: (v) The total costs of mission-indirect program support and agency support that, under paragraph (2)(B), may not be included in the hourly rate charged for fees assessed to advanced nuclear reactor applicants. (vi) The total costs of mission-indirect program support and agency support that, under paragraph (2)(C), may not be included in the hourly rate charged for fees assessed to advanced nuclear reactor pre-applicants.. (3) Fees for service or thing of value \nSection 102(b) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b) ) is amended by striking paragraph (2) and inserting the following: (2) Fees for service or thing of value \n(A) In general \nIn accordance with section 9701 of title 31, United States Code, the Commission shall assess and collect fees from any person who receives a service or thing of value from the Commission to cover the costs to the Commission of providing the service or thing of value. (B) Advanced nuclear reactor applicants \nThe hourly rate charged for fees assessed to advanced nuclear reactor applicants under this paragraph relating to the review of a submitted application described in section 3(1) shall not exceed the hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program. (C) Advanced nuclear reactor pre-applicants \nThe hourly rate charged for fees assessed to advanced nuclear reactor pre-applicants under this paragraph relating to the review of submitted materials as described in the licensing project plan of an advanced nuclear reactor pre-applicant shall not exceed the hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program.. (4) Sunset \nSection 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended by adding at the end the following: (g) Cessation of effectiveness \nParagraphs (1)(B)(vi) and (2)(C) of subsection (b) shall cease to be effective on September 30, 2029.. (5) Effective date \nThe amendments made by this subsection shall take effect on October 1, 2024. (g) Advanced nuclear reactor prizes \nSection 103 of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 ; 132 Stat. 5571) is amended by adding at the end the following: (f) Prizes for advanced nuclear reactor licensing \n(1) Definition of eligible entity \nIn this subsection, the term eligible entity means— (A) a non-Federal entity; and (B) the Tennessee Valley Authority. (2) Prize for advanced nuclear reactor licensing \n(A) In general \nNotwithstanding section 169 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2209 ) and subject to the availability of appropriations, the Secretary is authorized to make, with respect to each award category described in subparagraph (C), an award in an amount described in subparagraph (B) to the first eligible entity— (i) to which the Commission issues an operating license for an advanced nuclear reactor under part 50 of title 10, Code of Federal Regulations (or successor regulations), for which an application has not been approved by the Commission as of the date of enactment of this subsection; or (ii) for which the Commission makes a finding described in section 52.103(g) of title 10, Code of Federal Regulations (or successor regulations), with respect to a combined license for an advanced nuclear reactor— (I) that is issued under subpart C of part 52 of that title (or successor regulations); and (II) for which an application has not been approved by the Commission as of the date of enactment of this subsection. (B) Amount of award \nAn award under subparagraph (A) shall be in an amount equal to the total amount assessed by the Commission and collected under section 102(b)(2) from the eligible entity receiving the award for costs relating to the issuance of the license described in that subparagraph, including, as applicable, costs relating to the issuance of an associated construction permit described in section 50.23 of title 10, Code of Federal Regulations (or successor regulations), or early site permit (as defined in section 52.1 of that title (or successor regulations)). (C) Award categories \nAn award under subparagraph (A) may be made for— (i) the first advanced nuclear reactor for which the Commission— (I) issues a license in accordance with clause (i) of subparagraph (A); or (II) makes a finding in accordance with clause (ii) of that subparagraph; (ii) an advanced nuclear reactor that— (I) uses isotopes derived from spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 )) or depleted uranium as fuel for the advanced nuclear reactor; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; (iii) an advanced nuclear reactor that— (I) is a nuclear integrated energy system— (aa) that is composed of 2 or more co-located or jointly operated subsystems of energy generation, energy storage, or other technologies; (bb) in which not fewer than 1 subsystem described in item (aa) is a nuclear energy system; and (cc) the purpose of which is— (AA) to reduce greenhouse gas emissions in both the power and nonpower sectors; and (BB) to maximize energy production and efficiency; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; (iv) an advanced reactor that— (I) operates flexibly to generate electricity or high temperature process heat for nonelectric applications; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; and (v) the first advanced nuclear reactor for which the Commission grants approval to load nuclear fuel pursuant to the technology-inclusive regulatory framework established under subsection (a)(4). (3) Federal funding limitations \n(A) Exclusion of TVA funds \nIn this paragraph, the term Federal funds does not include funds received under the power program of the Tennessee Valley Authority. (B) Limitation on amounts expended \nAn award under this subsection shall not exceed the total amount expended (excluding any expenditures made with Federal funds received for the applicable project and an amount equal to the minimum cost-share required under section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 )) by the eligible entity receiving the award for licensing costs relating to the project for which the award is made. (C) Repayment and dividends not required \nNotwithstanding section 9104(a)(4) of title 31, United States Code, or any other provision of law, an eligible entity that receives an award under this subsection shall not be required— (i) to repay that award or any part of that award; or (ii) to pay a dividend, interest, or other similar payment based on the sum of that award.. (h) Report on unique licensing considerations relating to the use of nuclear energy for nonelectric applications \n(1) In general \nNot later than 270 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report (referred to in this subsection as the report ) addressing any unique licensing issues or requirements relating to— (A) the flexible operation of nuclear reactors, such as ramping power output and switching between electricity generation and nonelectric applications; (B) the use of advanced nuclear reactors exclusively for nonelectric applications; and (C) the colocation of nuclear reactors with industrial plants or other facilities. (2) Stakeholder input \nIn developing the report, the Commission shall seek input from— (A) the Secretary of Energy; (B) the nuclear energy industry; (C) technology developers; (D) the industrial, chemical, and medical sectors; (E) nongovernmental organizations; and (F) other public stakeholders. (3) Contents \n(A) In general \nThe report shall describe— (i) any unique licensing issues or requirements relating to the matters described in subparagraphs (A) through (C) of paragraph (1), including, with respect to the nonelectric applications referred to in subparagraphs (A) and (B) of that paragraph, any licensing issues or requirements relating to the use of nuclear energy in— (I) hydrogen or other liquid and gaseous fuel or chemical production; (II) water desalination and wastewater treatment; (III) heat for industrial processes; (IV) district heating; (V) energy storage; (VI) industrial or medical isotope production; and (VII) other applications, as identified by the Commission; (ii) options for addressing those issues or requirements— (I) within the existing regulatory framework of the Commission; (II) as part of the technology-inclusive regulatory framework required under subsection (a)(4) of section 103 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ) or described in the report required under subsection (e) of that section ( Public Law 115–439 ; 132 Stat. 5575); or (III) through a new rulemaking; and (iii) the extent to which Commission action is needed to implement any matter described in the report. (B) Cost estimates, budgets, and timeframes \nThe report shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance in the licensing of nuclear reactors for nonelectric applications. (i) Enabling preparations for the demonstration of advanced nuclear reactors on Department of Energy sites or critical national security infrastructure sites \n(1) In general \nSection 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) ) (as amended by subsection (f)(2)) is amended by adding at the end the following: (vii) Costs for— (I) activities to review and approve or disapprove an application for an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or a successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1722)) site; and (II) pre-application activities relating to an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or a successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1722)) site.. (2) Effective date \nThe amendment made by paragraph (1) shall take effect on October 1, 2024. (j) Clarification on fusion regulation \nSection 103(a)(4) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ) is amended— (1) by striking Not later and inserting the following: (A) In general \nNot later ; and (2) by adding at the end the following: (B) Exclusion of fusion reactors \nFor purposes of subparagraph (A), the term advanced reactor applicant does not include an applicant seeking a license for a fusion reactor.. (k) Regulatory issues for nuclear facilities at brownfield sites \n(1) Definitions \n(A) Brownfield site \nThe term brownfield site has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (B) Production facility \nThe term production facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (C) Retired fossil fuel site \nThe term retired fossil fuel site means the site of 1 or more fossil fuel electric generation facilities that are retired or scheduled to retire, including multi-unit facilities that are partially shut down. (D) Utilization facility \nThe term utilization facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (2) Identification of regulatory issues \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the Commission shall evaluate the extent to which modification of regulations, guidance, or policy is needed to enable timely licensing reviews for, and to support the oversight of, production facilities or utilization facilities at brownfield sites. (B) Requirement \nIn carrying out subparagraph (A), the Commission shall consider how licensing reviews for production facilities or utilization facilities at brownfield sites may be expedited by considering matters relating to siting and operating a production facility or a utilization facility at or near a retired fossil fuel site to support— (i) the reuse of existing site infrastructure, including— (I) electric switchyard components and transmission infrastructure; (II) heat-sink components; (III) steam cycle components; (IV) roads; (V) railroad access; and (VI) water availability; (ii) the use of early site permits; (iii) the utilization of plant parameter envelopes or similar standardized site parameters on a portion of a larger site; and (iv) the use of a standardized application for similar sites. (C) Report \nNot later than 14 months after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report describing any regulations, guidance, and policies identified under subparagraph (A). (3) Licensing \n(A) In general \nNot later than 2 years after the date of enactment of this Act, the Commission shall— (i) develop and implement strategies to enable timely licensing reviews for, and to support the oversight of, production facilities or utilization facilities at brownfield sites, including retired fossil fuel sites; or (ii) initiate a rulemaking to enable timely licensing reviews for, and to support the oversight of, of production facilities or utilization facilities at brownfield sites, including retired fossil fuel sites. (B) Requirements \nIn carrying out subparagraph (A), consistent with the mission of the Commission, the Commission shall consider matters relating to— (i) the use of existing site infrastructure; (ii) existing emergency preparedness organizations and planning; (iii) the availability of historical site-specific environmental data; (iv) previously approved environmental reviews required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (v) activities associated with the potential decommissioning of facilities or decontamination and remediation at brownfield sites; and (vi) community engagement and historical experience with energy production. (4) Report \nNot later than 3 years after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report describing the actions taken by the Commission under paragraph (3). (l) Appalachian Regional Commission nuclear energy development \n(1) In general \nSubchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: 14512. Appalachian Regional Commission nuclear energy development \n(a) Definitions \nIn this section: (1) Brownfield site \nThe term brownfield site has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (2) Production facility \nThe term production facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (3) Retired Fossil Fuel Site \nThe term retired fossil fuel site means the site of 1 or more fossil fuel electric generation facilities that are retired or scheduled to retire, including multi-unit facilities that are partially shut down. (4) Utilization facility \nThe term utilization facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (b) Authority \nThe Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities— (1) to conduct research and analysis regarding the economic impact of siting, constructing, and operating a production facility or a utilization facility at a brownfield site, including a retired fossil fuel site; (2) to assist with workforce training or retraining to perform activities relating to the siting and operation of a production facility or a utilization facility at a brownfield site, including a retired fossil fuel site; and (3) to engage with the Nuclear Regulatory Commission, the Department of Energy, and other Federal agencies with expertise in civil nuclear energy. (c) Limitation on available amounts \nOf the cost of any project or activity eligible for a grant under this section— (1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section; (2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and (3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section. (d) Sources of assistance \nSubject to subsection (c), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available— (1) under any other Federal program; or (2) from any other source. (e) Federal share \nNotwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.. (2) Authorization of appropriations \nSection 14703 of title 40, United States Code, is amended— (A) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (B) by inserting after subsection (d) the following: (e) Appalachian Regional Commission nuclear energy development \nOf the amounts made available under subsection (a), $5,000,000 may be used to carry out section 14512 for each of fiscal years 2023 through 2026.. (3) Clerical amendment \nThe analysis for subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by striking the item relating to section 14511 and inserting the following: 14511. Appalachian regional energy hub initiative. 14512. Appalachian Regional Commission nuclear energy development.. (m) Foreign ownership \n(1) In general \nThe prohibitions against issuing certain licenses for utilization facilities to certain corporations and other entities described in the second sentence of section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) and the second sentence of section 104 d. of that Act ( 42 U.S.C. 2134(d) ) shall not apply to an entity described in paragraph (2) if the Commission determines that issuance of the applicable license to that entity is not inimical to— (A) the common defense and security; or (B) the health and safety of the public. (2) Entities described \n(A) In general \nAn entity referred to in paragraph (1) is a corporation or other entity that is owned, controlled, or dominated by— (i) the government of— (I) a country that is a member of the Organisation for Economic Co-operation and Development on the date of enactment of this Act, subject to subparagraph (B); or (II) the Republic of India; (ii) a corporation that is incorporated in a country described in subclause (I) or (II) of clause (i); or (iii) an alien who is a national of a country described in subclause (I) or (II) of clause (i). (B) Exclusion \nAn entity described in subparagraph (A)(i)(I) is not an entity referred to in paragraph (1), and paragraph (1) shall not apply to that entity, if, on the date of enactment of this Act— (i) the entity (or any department, agency, or instrumentality of the entity) is a person subject to sanctions under section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 ); or (ii) any citizen of the entity, or any entity organized under the laws of, or otherwise subject to the jurisdiction of, the entity, is a person subject to sanctions under that section. (3) Technical amendment \nSection 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) is amended, in the second sentence, by striking any any and inserting any. (4) Savings clause \nNothing in this subsection affects the requirements of section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ). (n) Extension of the Price-Anderson Act \n(1) Extension \nSection 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) (commonly known as the Price-Anderson Act ) is amended by striking December 31, 2025 each place it appears and inserting December 31, 2045. (2) Liability \nSection 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) (commonly known as the Price-Anderson Act ) is amended— (A) in subsection d. (5), by striking $500,000,000 and inserting $2,000,000,000 ; and (B) in subsection e. (4), by striking $500,000,000 and inserting $2,000,000,000. (3) Report \nSection 170 p. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(p) ) (commonly known as the Price-Anderson Act ) is amended by striking December 31, 2021 and inserting December 31, 2041. (4) Definition of nuclear incident \nSection 11 q. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(q) ) is amended, in the second proviso, by striking if such occurrence and all that follows through United States: and inserting a colon. (o) Report on advanced methods of manufacturing and construction for nuclear energy applications \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report (referred to in this subsection as the report ) on manufacturing and construction for nuclear energy applications. (2) Stakeholder input \nIn developing the report, the Commission shall seek input from— (A) the Secretary of Energy; (B) the nuclear energy industry; (C) National Laboratories; (D) institutions of higher education; (E) nuclear and manufacturing technology developers; (F) the manufacturing and construction industries, including manufacturing and construction companies with operating facilities in the United States; (G) standards development organizations; (H) labor unions; (I) nongovernmental organizations; and (J) other public stakeholders. (3) Contents \n(A) In general \nThe report shall— (i) examine any unique licensing issues or requirements relating to the use of innovative— (I) advanced manufacturing processes; (II) advanced construction techniques; and (III) rapid improvement or iterative innovation processes; (ii) examine— (I) the requirements for nuclear-grade components in manufacturing and construction for nuclear energy applications; (II) opportunities to use standard materials, parts, or components in manufacturing and construction for nuclear energy applications; (III) opportunities to use standard materials that are in compliance with existing codes to provide acceptable approaches to support or encapsulate new materials that do not yet have applicable codes; and (IV) requirements relating to the transport of a fueled advanced nuclear reactor core from a manufacturing licensee to a licensee that holds a license to construct and operate a facility at a particular site; (iii) identify any safety aspects of innovative advanced manufacturing processes and advanced construction techniques that are not addressed by existing codes and standards, so that generic guidance may be updated or created, as necessary; (iv) identify options for addressing the issues, requirements, and opportunities examined under clauses (i) and (ii)— (I) within the existing regulatory framework; or (II) through a new rulemaking; (v) identify how addressing the issues, requirements, and opportunities examined under clauses (i) and (ii) will impact opportunities for domestic nuclear manufacturing and construction developers; and (vi) describe the extent to which Commission action is needed to implement any matter described in the report. (B) Cost estimates, budgets, and timeframes \nThe report shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for manufacturing and construction for nuclear energy applications. (p) Nuclear energy traineeship \nSection 313 of division C of the Omnibus Appropriations Act, 2009 ( 42 U.S.C. 16274a ), is amended— (1) in subsection (a), by striking Nuclear Regulatory ; (2) in subsection (b)(1), in the matter preceding subparagraph (A), by inserting and subsection (c) after paragraph (2) ; (3) in subsection (c)— (A) by redesignating paragraph (2) as paragraph (5); and (B) by striking paragraph (1) and inserting the following: (1) Advanced nuclear reactor \nThe term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). (2) Commission \nThe term Commission means the Nuclear Regulatory Commission. (3) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (4) National Laboratory \nThe term National Laboratory has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). ; (4) in subsection (d)(2), by striking Nuclear Regulatory ; (5) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (6) by inserting after subsection (b) the following: (c) Nuclear energy traineeship subprogram \n(1) In general \nThe Commission shall establish, as a subprogram of the Program, a nuclear energy traineeship subprogram under which the Commission, in coordination with institutions of higher education and trade schools, shall competitively award traineeships that provide focused training to meet critical mission needs of the Commission and nuclear workforce needs, including needs relating to the nuclear tradecraft workforce. (2) Requirements \nIn carrying out the nuclear energy traineeship subprogram described in paragraph (1), the Commission shall— (A) coordinate with the Secretary of Energy to prioritize the funding of traineeships that focus on— (i) nuclear workforce needs; and (ii) critical mission needs of the Commission; (B) encourage appropriate partnerships among— (i) National Laboratories; (ii) institutions of higher education; (iii) trade schools; (iv) the nuclear energy industry; and (v) other entities, as the Commission determines to be appropriate; and (C) on an annual basis, evaluate nuclear workforce needs for the purpose of implementing traineeships in focused topical areas that— (i) address the workforce needs of the nuclear energy community; and (ii) support critical mission needs of the Commission.. (q) Report on Commission readiness and capacity to license additional conversion and enrichment capacity to reduce reliance on uranium from Russia \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress, the Committee on Foreign Relations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the readiness and capacity of the Commission to license additional conversion and enrichment capacity at existing and new fuel cycle facilities to reduce reliance on nuclear fuel that is recovered, converted, enriched, or fabricated by an entity that— (A) is owned or controlled by the Government of the Russian Federation; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation. (2) Contents \nThe report required under paragraph (1) shall analyze how the capacity of the Commission to license additional conversion and enrichment capacity at existing and new fuel cycle facilities may conflict with or restrict the readiness of the Commission to review advanced nuclear reactor applications. (r) Annual report on the spent nuclear fuel and high-level radioactive waste inventory in the United States \n(1) Definitions \nIn this subsection: (A) High-level radioactive waste \nThe term high-level radioactive waste has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (B) Spent nuclear fuel \nThe term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (C) Standard contract \nThe term standard contract has the meaning given the term contract in section 961.3 of title 10, Code of Federal Regulations (or a successor regulation). (2) Report \nNot later than January 1, 2025, and annually thereafter, the Secretary of Energy shall submit to Congress a report that describes— (A) the annual and cumulative amount of payments made by the United States to the holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ) resulting in financial damages to the holder; (B) the cumulative amount spent by the Department of Energy since fiscal year 2008 to reduce future payments projected to be made by the United States to any holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ); (C) the cumulative amount spent by the Department of Energy to store, manage, and dispose of spent nuclear fuel and high-level radioactive waste in the United States as of the date of the report; (D) the projected lifecycle costs to store, manage, transport, and dispose of the projected inventory of spent nuclear fuel and high-level radioactive waste in the United States, including spent nuclear fuel and high-level radioactive waste expected to be generated from existing reactors through 2050; (E) any mechanisms for better accounting of liabilities for the lifecycle costs of the spent nuclear fuel and high-level radioactive waste inventory in the United States; (F) any recommendations for improving the methods used by the Department of Energy for the accounting of spent nuclear fuel and high-level radioactive waste costs and liabilities; (G) any actions taken in the previous fiscal year by the Department of Energy with respect to interim storage; and (H) any activities taken in the previous fiscal year by the Department of Energy to develop and deploy nuclear technologies and fuels that enhance the safe transportation or storage of spent nuclear fuel or high-level radioactive waste, including technologies to protect against seismic, flooding, and other extreme weather events. (s) Authorization of appropriations for superfund actions at abandoned mining sites on Tribal land \n(1) Definitions \nIn this subsection: (A) Eligible non- NPL site \nThe term eligible non-NPL site means a site— (i) that is not on the National Priorities List; but (ii) with respect to which the Administrator determines that— (I) the site would be eligible for listing on the National Priorities List based on the presence of hazards from contamination at the site, applying the hazard ranking system described in section 105(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(c) ); and (II) for removal site evaluations, engineering evaluations/cost analyses, remedial planning activities, remedial investigations and feasibility studies, and other actions taken pursuant to section 104(b) of that Act ( 42 U.S.C. 9604 ), the site— (aa) has undergone a pre-CERCLA screening; and (bb) is included in the Superfund Enterprise Management System. (B) Indian Tribe \nThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (C) National Priorities List \nThe term National Priorities List means the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ). (D) Remedial action; removal; response \nThe terms remedial action , removal , and response have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (E) Tribal land \nThe term Tribal land has the meaning given the term Indian country in section 1151 of title 18, United States Code. (2) Authorization of appropriations \nThere are authorized to be appropriated for each of fiscal years 2023 through 2032, to remain available until expended— (A) $97,000,000 to the Administrator to carry out this subsection (except for paragraph (4)); and (B) $3,000,000 to the Administrator of the Agency for Toxic Substances and Disease Registry to carry out paragraph (4). (3) Uses of amounts \nAmounts appropriated under paragraph (2)(A) shall be used by the Administrator— (A) to carry out removal actions on abandoned mine land located on Tribal land; (B) to carry out response actions, including removal and remedial planning activities, removal and remedial studies, remedial actions, and other actions taken pursuant to section 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(b) ) on abandoned mine land located on Tribal land at— (i) eligible non-NPL sites; and (ii) sites listed on the National Priorities List; and (C) to make grants under paragraph (5). (4) Health assessments \nSubject to the availability of appropriations, the Agency for Toxic Substances and Disease Registry, in coordination with Tribal health authorities, shall perform 1 or more health assessments at each eligible non-NPL site that is located on Tribal land, in accordance with section 104(i)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(i)(6) ). (5) Tribal grants \n(A) In general \nThe Administrator may use amounts appropriated under paragraph (2)(A) to make grants to eligible entities described in subparagraph (B) for the purposes described in subparagraph (C). (B) Eligible entities described \nAn eligible entity referred to in subparagraph (A) is— (i) the governing body of an Indian Tribe; or (ii) a legally established organization of Indians that— (I) is controlled, sanctioned, or chartered by the governing bodies of 2 or more Indian Tribes to be served, or that is democratically elected by the adult members of the Indian community to be served, by that organization; and (II) includes the maximum participation of Indians in all phases of the activities of that organization. (C) Use of grant funds \nA grant under this paragraph shall be used— (i) in accordance with the second sentence of section 117(e)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(1) ); (ii) for obtaining technical assistance in carrying out response actions under clause (iii); or (iii) for carrying out response actions, if the Administrator determines that the Indian Tribe has the capability to carry out any or all of those response actions in accordance with the criteria and priorities established pursuant to section 105(a)(8) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8) ). (D) Applications \nAn eligible entity desiring a grant under this paragraph shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (E) Limitations \nA grant under this paragraph shall be governed by the rules, procedures, and limitations described in section 117(e)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(2) ), except that— (i) Administrator of the Environmental Protection Agency shall be substituted for President each place it appears in that section; and (ii) in the first sentence of that section, under subsection (s) of the ADVANCE Act of 2023 shall be substituted for under this subsection. (6) Statute of limitations \nIf a remedial action described in paragraph (3)(B) is scheduled at an eligible non-NPL site, no action may be commenced for damages (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )) with respect to that eligible non-NPL site unless the action is commenced within the timeframe provided for such actions with respect to facilities on the National Priorities List in the first sentence of the matter following subparagraph (B) of section 113(g)(1) of that Act ( 42 U.S.C. 9613(g)(1) ). (7) Coordination \nThe Administrator shall coordinate with the Indian Tribe on whose land the applicable site is located in— (A) selecting and prioritizing sites for response actions under subparagraphs (A) and (B) of paragraph (3); and (B) carrying out those response actions. (t) Development, qualification, and licensing of advanced nuclear fuel concepts \n(1) In General \nThe Commission shall establish an initiative to enhance preparedness and coordination with respect to the qualification and licensing of advanced nuclear fuel. (2) Agency Coordination \nNot later than 180 days after the date of enactment of this Act, the Commission and the Secretary of Energy shall enter into a memorandum of understanding— (A) to share technical expertise and knowledge through— (i) enabling the testing and demonstration of accident tolerant fuels for existing commercial nuclear reactors and advanced nuclear reactor fuel concepts to be proposed and funded, in whole or in part, by the private sector; (ii) operating a database to store and share data and knowledge relevant to nuclear science and engineering between Federal agencies and the private sector; (iii) leveraging expertise with respect to safety analysis and research relating to advanced nuclear fuel; and (iv) enabling technical staff to actively observe and learn about technologies, with an emphasis on identification of additional information needed with respect to advanced nuclear fuel; and (B) to ensure that— (i) the Department of Energy has sufficient technical expertise to support the timely research, development, demonstration, and commercial application of advanced nuclear fuel; (ii) the Commission has sufficient technical expertise to support the evaluation of applications for licenses, permits, and design certifications and other requests for regulatory approval for advanced nuclear fuel; (iii) (I) the Department of Energy maintains and develops the facilities necessary to enable the timely research, development, demonstration, and commercial application by the civilian nuclear industry of advanced nuclear fuel; and (II) the Commission has access to the facilities described in subclause (I), as needed; and (iv) the Commission consults, as appropriate, with the modeling and simulation experts at the Office of Nuclear Energy of the Department of Energy, at the National Laboratories, and within industry fuel vendor teams in cooperative agreements with the Department of Energy to leverage physics-based computer modeling and simulation capabilities. (3) Report \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report describing the efforts of the Commission under paragraph (1), including— (i) an assessment of the preparedness of the Commission to review and qualify for use— (I) accident tolerant fuel; (II) ceramic cladding materials; (III) fuels containing silicon carbide; (IV) high-assay, low-enriched uranium fuels; (V) molten-salt based liquid fuels; (VI) fuels derived from spent nuclear fuel or depleted uranium; and (VII) other related fuel concepts, as determined by the Commission; (ii) activities planned or undertaken under the memorandum of understanding described in paragraph (2); (iii) an accounting of the areas of research needed with respect to advanced nuclear fuel; and (iv) any other challenges or considerations identified by the Commission. (B) Consultation \nIn developing the report under subparagraph (A), the Commission shall seek input from— (i) the Secretary of Energy; (ii) National Laboratories; (iii) the nuclear energy industry; (iv) technology developers; (v) nongovernmental organizations; and (vi) other public stakeholders. (u) Commission workforce \n(1) Definition of Chairman \nIn this subsection, the term Chairman means the Chairman of the Commission. (2) Hiring bonus and appointment authority \n(A) In general \nNotwithstanding section 161 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(d) ), any provision of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and any provision of title 5, United States Code, governing appointments and General Schedule classification and pay rates, the Chairman may, subject to the limitations described in subparagraph (C), and without regard to the civil service laws— (i) establish the positions described in subparagraph (B); and (ii) appoint persons to the positions established under clause (i). (B) Positions described \nThe positions referred to in subparagraph (A)(i) are— (i) permanent or term-limited positions with highly specialized scientific, engineering, and technical competencies to address a critical licensing or regulatory oversight need for the Commission, including— (I) health physicist; (II) reactor operations engineer; (III) human factors analyst or engineer; (IV) risk and reliability analyst or engineer; (V) licensing project manager; (VI) reactor engineer for severe accidents; (VII) geotechnical engineer; (VIII) structural engineer; (IX) reactor systems engineer; (X) reactor engineer; (XI) radiation scientist; (XII) seismic engineer; and (XIII) electronics engineer; or (ii) permanent or term-limited positions to be filled by exceptionally well-qualified individuals that the Chairman, subject to paragraph (5), determines are necessary to fulfill the mission of the Commission. (C) Limitations \n(i) In general \nAppointments under subparagraph (A)(ii) may be made to not more than— (I) (aa) 15 permanent positions described in subparagraph (B)(i) during fiscal year 2024; and (bb) 10 permanent positions described in subparagraph (B)(i) during each fiscal year thereafter; (II) (aa) 15 term-limited positions described in subparagraph (B)(i) during fiscal year 2024; and (bb) 10 term-limited positions described in subparagraph (B)(i) during each fiscal year thereafter; (III) (aa) 15 permanent positions described in subparagraph (B)(ii) during fiscal year 2024; and (bb) 10 permanent positions described in subparagraph (B)(ii) during each fiscal year thereafter; and (IV) (aa) 15 term-limited positions described in subparagraph (B)(ii) during fiscal year 2024; and (bb) 10 term-limited positions described in subparagraph (B)(ii) during each fiscal year thereafter. (ii) Term of term-limited appointment \nIf a person is appointed to a term-limited position described in clause (i) or (ii) of subparagraph (B), the term of that appointment shall not exceed 4 years. (iii) Staff positions \nSubject to paragraph (5), appointments made to positions established under this paragraph shall be to a range of staff positions that are of entry, mid, and senior levels, to the extent practicable. (D) Hiring bonus \nThe Commission may pay a person appointed under subparagraph (A) a 1-time hiring bonus in an amount not to exceed the least of— (i) $25,000; (ii) the amount equal to 15 percent of the annual rate of basic pay of the employee; and (iii) the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. (3) Compensation and appointment authority \n(A) In general \nNotwithstanding section 161 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(d) ), any provision of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and chapter 51, and subchapter III of chapter 53, of title 5, United States Code, the Chairman, subject to the limitations described in subparagraph (C) and without regard to the civil service laws, may— (i) establish and fix the rates of basic pay for the positions described in subparagraph (B); and (ii) appoint persons to the positions established under clause (i). (B) Positions described \nThe positions referred to in subparagraph (A)(i) are— (i) positions with highly specialized scientific, engineering, and technical competencies to address a critical need for the Commission, including— (I) health physicist; (II) reactor operations engineer; (III) human factors analyst or engineer; (IV) risk and reliability analyst or engineer; (V) licensing project manager; (VI) reactor engineer for severe accidents; (VII) geotechnical engineer; (VIII) structural engineer; (IX) reactor systems engineer; (X) reactor engineer; (XI) radiation scientist; (XII) seismic engineer; and (XIII) electronics engineer; or (ii) positions to be filled by exceptionally well-qualified persons that the Chairman, subject to paragraph (5), determines are necessary to fulfill the mission of the Commission. (C) Limitations \n(i) In general \nThe annual rate of basic pay for a position described in subparagraph (B) may not exceed the per annum rate of salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (ii) Number of positions \nAppointments under subparagraph (A)(ii) may be made to not more than— (I) 10 positions described in subparagraph (B)(i) per fiscal year, not to exceed a total of 50 positions; and (II) 10 positions described in subparagraph (B)(ii) per fiscal year, not to exceed a total of 50 positions. (D) Performance bonus \n(i) In general \nSubject to clauses (ii) and (iii), an employee may be paid a 1-time performance bonus in an amount not to exceed the least of— (I) $25,000; (II) the amount equal to 15 percent of the annual rate of basic pay of the person; and (III) the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. (ii) Performance \nAny 1-time performance bonus under clause (i) shall be made to a person who demonstrated exceptional performance in the applicable fiscal year, including— (I) leading a project team in a timely, efficient, and predictable licensing review to enable the safe use of nuclear technology; (II) making significant contributions to a timely, efficient, and predictable licensing review to enable the safe use of nuclear technology; (III) the resolution of novel or first-of-a-kind regulatory issues; (IV) developing or implementing licensing or regulatory oversight processes to improve the effectiveness of the Commission; and (V) other performance, as determined by the Chairman, subject to paragraph (5). (iii) Limitations \nThe Commission may pay a 1-time performance bonus under clause (i) for not more than 15 persons per fiscal year, and a person who receives a 1-time performance bonus under that clause may not receive another 1-time performance bonus under that clause for a period of 5 years thereafter. (4) Annual solicitation for Nuclear Regulator Apprenticeship Network applications \nThe Chairman, on an annual basis, shall solicit applications for the Nuclear Regulator Apprenticeship Network. (5) Application of merit system principles \nTo the maximum extent practicable, appointments under paragraphs (2)(A) and (3)(A) and any 1-time performance bonus under paragraph (3)(D) shall be made in accordance with the merit system principles set forth in section 2301 of title 5, United States Code. (6) Delegation \nPursuant to Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), the Chairman shall delegate, subject to the direction and supervision of the Chairman, the authority provided by paragraphs (2), (3), and (4) to the Executive Director for Operations of the Commission. (7) Annual report \nThe Commission shall include in the annual budget justification of the Commission— (A) information that describes— (i) the total number of and the positions of the persons appointed under the authority provided by paragraph (2); (ii) the total number of and the positions of the persons paid at the rate determined under the authority provided by paragraph (3)(A); (iii) the total number of and the positions of the persons paid a 1-time performance bonus under the authority provided by paragraph (3)(D); (iv) how the authority provided by paragraphs (2) and (3) is being used, and has been used during the previous fiscal year, to address the hiring and retention needs of the Commission with respect to the positions described in those subsections to which that authority is applicable; (v) if the authority provided by paragraphs (2) and (3) is not being used, or has not been used, the reasons, including a justification, for not using that authority; and (vi) the attrition levels with respect to the term-limited appointments made under paragraph (2), including, with respect to persons leaving a position before completion of the applicable term of service, the average length of service as a percentage of the term of service; (B) an assessment of— (i) the current critical workforce needs of the Commission, including any critical workforce needs that the Commission anticipates in the subsequent 5 fiscal years; and (ii) further skillsets that are or will be needed for the Commission to fulfill the licensing and oversight responsibilities of the Commission; and (C) the plans of the Commission to assess, develop, and implement updated staff performance standards, training procedures, and schedules. (8) Report on attrition and effectiveness \nNot later than September 30, 2032, the Commission shall submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Energy and Commerce of the House of Representatives a report that— (A) describes the attrition levels with respect to the term-limited appointments made under paragraph (2), including, with respect to persons leaving a position before completion of the applicable term of service, the average length of service as a percentage of the term of service; (B) provides the views of the Commission on the effectiveness of the authorities provided by paragraphs (2) and (3) in helping the Commission fulfill the mission of the Commission; and (C) makes recommendations with respect to whether the authorities provided by paragraphs (2) and (3) should be continued, modified, or discontinued. (v) Commission corporate support funding \n(1) Report \nNot later than 3 years after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress and make publicly available a report that describes— (A) the progress on the implementation of section 102(a)(3) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(a)(3) ); and (B) whether the Commission is meeting and is expected to meet the total budget authority caps required for corporate support under that section. (2) Limitation on corporate support costs \nSection 102(a)(3) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(a)(3) ) is amended by striking subparagraphs (B) and (C) and inserting the following: (B) 30 percent for fiscal year 2024 and each fiscal year thereafter.. (3) Corporate support costs clarification \nParagraph (9) of section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ) (as redesignated by subsection (f)(1)(A)) is amended— (A) by striking The term and inserting the following: (A) In general \nThe term ; and (B) by adding at the end the following: (B) Exclusions \nThe term corporate support costs does not include— (i) costs for rent and utilities relating to any and all space in the Three White Flint North building that is not occupied by the Commission; or (ii) costs for salaries, travel, and other support for the Office of the Commission.. (w) Performance and reporting update \nSection 102(c) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(c) ) is amended— (1) in paragraph (3)— (A) in the paragraph heading, by striking 180 and inserting 90 ; and (B) by striking 180 and inserting 90 ; and (2) by adding at the end the following: (4) Periodic updates to metrics and schedules \n(A) Review and assessment \nNot less frequently than once every 3 years, the Commission shall review and assess, based on the licensing and regulatory activities of the Commission, the performance metrics and milestone schedules established under paragraph (1). (B) Revisions \nAfter each review and assessment under subparagraph (A), the Commission shall revise and improve, as appropriate, the performance metrics and milestone schedules described in that subparagraph to provide the most efficient metrics and schedules reasonably achievable.. (x) Nuclear closure communities \n(1) Definitions \nIn this subsection: (A) Community advisory board \nThe term community advisory board means a community committee or other advisory organization that aims to foster communication and information exchange between a licensee planning for and involved in decommissioning activities and members of the community that decommissioning activities may affect. (B) Decommission \nThe term decommission has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). (C) Eligible recipient \nThe term eligible recipient has the meaning given the term in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 ). (D) Licensee \nThe term licensee has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). (E) Nuclear closure community \nThe term nuclear closure community means a unit of local government, including a county, city, town, village, school district, or special district, that has been impacted, or reasonably demonstrates to the satisfaction of the Secretary that it will be impacted, by a nuclear power plant licensed by the Commission that— (i) is not co-located with an operating nuclear power plant; (ii) is at a site with spent nuclear fuel; and (iii) as of the date of enactment of this Act— (I) has ceased operations; or (II) has provided a written notification to the Commission that it will cease operations. (F) Secretary \nThe term Secretary means the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Economic Development. (2) Establishment \nNot later than 180 days after the date of enactment of this Act, the Secretary shall establish a grant program to provide grants to eligible recipients— (A) to assist with economic development in nuclear closure communities; and (B) to fund community advisory boards in nuclear closure communities. (3) Requirement \nIn carrying out this subsection, to the maximum extent practicable, the Secretary shall implement the recommendations described in the report submitted to Congress under section 108 of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 ; 132 Stat. 5577) entitled Best Practices for Establishment and Operation of Local Community Advisory Boards Associated with Decommissioning Activities at Nuclear Power Plants. (4) Distribution of funds \nThe Secretary shall establish a formula to ensure, to the maximum extent practicable, geographic diversity among grant recipients under this subsection. (5) Authorization of appropriations \n(A) In general \nThere are authorized to be appropriated to the Secretary— (i) to carry out paragraph (2)(A), $35,000,000 for each of fiscal years 2023 through 2028; and (ii) to carry out paragraph (2)(B), $5,000,000 for each of fiscal years 2023 through 2025. (B) Availability \nAmounts made available under this subsection shall remain available for a period of 5 years beginning on the date on which the amounts are made available. (C) No offset \nNone of the funds made available under this subsection may be used to offset the funding for any other Federal program. (y) Technical correction \nSection 104 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(c) ) is amended— (1) by striking the third sentence and inserting the following: (3) Limitation on utilization facilities \nThe Commission may issue a license under this section for a utilization facility useful in the conduct of research and development activities of the types specified in section 31 if— (A) not more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of— (i) nonenergy services; (ii) energy; or (iii) a combination of nonenergy services and energy; and (B) not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy. ; (2) in the second sentence, by striking The Commission and inserting the following: (2) Regulation \nThe Commission ; and (3) by striking c. The Commission and inserting the following: c. Research and development activities \n(1) In general \nSubject to paragraphs (2) and (3), the Commission. (z) Report on engagement with the Government of Canada with respect to nuclear waste issues in the Great Lakes Basin \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress, the Committee on Foreign Relations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report describing any engagement between the Commission and the Government of Canada with respect to nuclear waste issues in the Great Lakes Basin. (aa) Savings clause \nNothing in this section affects authorities of the Department of State.", "id": "id80f8aae3-71d8-4d15-a622-8649d3f870bd", "header": "Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2023 or the ADVANCE Act of 2023.", "id": "idc2101bd7-db86-482f-97c5-e36642895fc3", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Accident tolerant fuel \nThe term accident tolerant fuel has the meaning given the term in section 107(a) of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 ; 132 Stat. 5577). (2) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (3) Advanced nuclear fuel \nThe term advanced nuclear fuel means— (A) advanced nuclear reactor fuel; and (B) accident tolerant fuel. (4) Advanced nuclear reactor \nThe term advanced nuclear reactor has the meaning given the term in section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ). (5) Advanced nuclear reactor fuel \nThe term advanced nuclear reactor fuel has the meaning given the term in section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ). (6) Appropriate committees of C ongress \nThe term appropriate committees of Congress means— (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. (7) Commission \nThe term Commission means the Nuclear Regulatory Commission. (8) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (9) National Laboratory \nThe term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ).", "id": "id41e5cbac-c59c-4676-8c79-155edaf0f501", "header": "Definitions", "nested": [], "links": [ { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "20 U.S.C. 1001(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "42 U.S.C. 15801", "legal-doc": "usc", "parsable-cite": "usc/42/15801" } ] }, { "text": "(c) International nuclear reactor export and innovation activities \n(1) Coordination \n(A) In general \nThe Commission shall— (i) coordinate all work of the Commission relating to— (I) nuclear reactor import and export licensing; and (II) international regulatory cooperation and assistance relating to nuclear reactors, including with countries that are members of— (aa) the Organisation for Economic Co-operation and Development; or (bb) the Nuclear Energy Agency; and (ii) support interagency and international coordination with respect to— (I) the consideration of international technical standards to establish the licensing and regulatory basis to assist the design, construction, and operation of nuclear systems; (II) efforts to help build competent nuclear regulatory organizations and legal frameworks in countries seeking to develop nuclear power; and (III) exchange programs and training provided, in coordination with the Secretary of State, to other countries relating to nuclear regulation and oversight to improve nuclear technology licensing, in accordance with subparagraph (B). (B) Exchange programs and training \nWith respect to the exchange programs and training described in subparagraph (A)(ii)(III), the Commission shall coordinate, as applicable, with— (i) the Secretary of Energy; (ii) the Secretary of State; (iii) National Laboratories; (iv) the private sector; and (v) institutions of higher education. (2) Authority To establish branch \nThe Commission may establish within the Office of International Programs a branch, to be known as the International Nuclear Reactor Export and Innovation Branch , to carry out such international nuclear reactor export and innovation activities as the Commission determines to be appropriate and within the mission of the Commission. (3) Exclusion of international activities from the fee base \n(A) In general \nSection 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended— (i) in subsection (a), by adding at the end the following: (4) International nuclear reactor export and innovation activities \nThe Commission shall identify in the annual budget justification international nuclear reactor export and innovation activities described in subsection (c)(1) of the ADVANCE Act of 2023. ; and (ii) in subsection (b)(1)(B), by adding at the end the following: (iv) Costs for international nuclear reactor export and innovation activities described in subsection (c)(1) of the ADVANCE Act of 2023.. (B) Effective date \nThe amendments made by subparagraph (A) shall take effect on October 1, 2024. (4) Coordination \nThe Commission shall coordinate all international activities under this subsection with the Secretary of State and other applicable agencies, as appropriate. (5) Savings clause \nNothing in this subsection alters the authority of the Commission to license and regulate the civilian use of radioactive materials.", "id": "id7a0d4157-594f-4078-bcbb-9565d5df7c2c", "header": "International nuclear reactor export and innovation activities", "nested": [], "links": [ { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] }, { "text": "(d) Denial of certain domestic licenses for national security purposes \n(1) Definition of covered fuel \nIn this subsection, the term covered fuel means enriched uranium that is fabricated into fuel assemblies for nuclear reactors by an entity that— (A) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (2) Prohibition on unlicensed possession or ownership of covered fuel \nUnless specifically authorized by the Commission in a license issued under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ) and part 70 of title 10, Code of Federal Regulations (or successor regulations), no person subject to the jurisdiction of the Commission may possess or own covered fuel. (3) License To possess or own covered fuel \n(A) Consultation required prior to issuance \nThe Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ) and part 70 of title 10, Code of Federal Regulations (or successor regulations), unless the Commission has first consulted with the Secretary of Energy and the Secretary of State before issuing the license. (B) Prohibition on issuance of license \n(i) In general \nSubject to clause (iii), a license to possess or own covered fuel shall not be issued if the Secretary of Energy and the Secretary of State make the determination described in clause (ii)(I)(aa). (ii) Determination \n(I) In general \nThe determination referred to in clause (i) is a determination that possession or ownership, as applicable, of covered fuel— (aa) poses a threat to the national security of the United States, including because of an adverse impact on the physical and economic security of the United States; or (bb) does not pose a threat to the national security of the United States. (II) Joint determination \nA determination described in subclause (I) shall be jointly made by the Secretary of Energy and the Secretary of State. (III) Timeline \n(aa) Notice of application \nNot later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary of Energy and the Secretary of State of the application. (bb) Determination \nThe Secretary of Energy and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary of Energy and the Secretary of State under item (aa) of an application for a license to possess or own covered fuel, in which to make the determination described in subclause (I). (cc) Commission notification \nOn making the determination described in subclause (I), the Secretary of Energy and the Secretary of State shall immediately notify the Commission. (dd) Congressional notification \nNot later than 30 days after the date on which the Secretary of Energy and the Secretary of State notify the Commission under item (cc), the Commission shall notify the appropriate committees of Congress, the Committee on Foreign Relations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Foreign Affairs of the House of Representatives of the determination. (ee) Public notice \nNot later than 15 days after the date on which the Commission notifies Congress under item (dd) of a determination made under subclause (I), the Commission shall make that determination publicly available. (iii) Effect of no determination \nThe Commission shall not issue a license if the Secretary of Energy and the Secretary of State have not made a determination described in clause (ii). (4) Savings clause \nNothing in this subsection alters any treaty or international agreement in effect on the date of enactment of this Act or that enters into force after the date of enactment of this Act.", "id": "idf024335c-5a1c-4a3c-93b1-f7ad78a8a60f", "header": "Denial of certain domestic licenses for national security purposes", "nested": [], "links": [ { "text": "42 U.S.C. 2073", "legal-doc": "usc", "parsable-cite": "usc/42/2073" }, { "text": "42 U.S.C. 2073", "legal-doc": "usc", "parsable-cite": "usc/42/2073" } ] }, { "text": "(e) Export license requirements \n(1) Definition of low-Enriched uranium \nIn this subsection, the term low-enriched uranium means uranium enriched to less than 20 percent of the uranium-235 isotope. (2) Requirement \nThe Commission shall not issue an export license for the transfer of any item described in paragraph (4) to a country described in paragraph (3) unless the Commission, in consultation with the Secretary of State and any other relevant agencies, makes a determination that such transfer will not be inimical to the common defense and security of the United States. (3) Countries described \nA country referred to in paragraph (2) is a country that— (A) has not concluded and ratified an Additional Protocol to its safeguards agreement with the International Atomic Energy Agency; or (B) has not ratified or acceded to the amendment to the Convention on the Physical Protection of Nuclear Material, adopted at Vienna October 26, 1979, and opened for signature at New York March 3, 1980 (TIAS 11080), described in the information circular of the International Atomic Energy Agency numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016 (TIAS 16–508). (4) Items described \nAn item referred to in paragraph (2) includes— (A) unirradiated nuclear fuel containing special nuclear material (as defined in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 )), excluding low-enriched uranium; (B) a nuclear reactor that uses nuclear fuel described in subparagraph (A); and (C) any plant or component listed in Appendix I to part 110 of title 10, Code of Federal Regulations (or successor regulations), that is involved in— (i) the reprocessing of irradiated nuclear reactor fuel elements; (ii) the separation of plutonium; or (iii) the separation of the uranium-233 isotope. (5) Notification \nIf the Commission, in consultation with the Secretary of State and any other relevant agencies, makes a determination, in accordance with applicable laws and regulations, under paragraph (2) that the transfer of any item described in paragraph (4) to a country described in paragraph (3) will not be inimical to the common defense and security of the United States, the Commission shall notify the appropriate committees of Congress, the Committee on Foreign Relations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Foreign Affairs of the House of Representatives.", "id": "id776be6eb-6395-4482-936a-1a70acdcc468", "header": "Export license requirements", "nested": [], "links": [ { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" } ] }, { "text": "(f) Fees for advanced nuclear reactor application review \n(1) Definitions \nSection 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ) is amended— (A) by redesignating paragraphs (2) through (15) as paragraphs (3), (6), (7), (8), (9), (10), (12), (15), (16), (17), (18), (19), (20), and (21), respectively; (B) by inserting after paragraph (1) the following: (2) Advanced nuclear reactor applicant \nThe term advanced nuclear reactor applicant means an entity that has submitted to the Commission an application to receive a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). ; (C) by inserting after paragraph (3) (as so redesignated) the following: (4) Advanced nuclear reactor pre-applicant \nThe term advanced nuclear reactor pre-applicant means an entity that has submitted to the Commission a licensing project plan for the purposes of submitting a future application to receive a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). (5) Agency support \nThe term agency support means the resources of the Commission that are located in executive, administrative, and other support offices of the Commission, as described in the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document). ; (D) by inserting after paragraph (10) (as so redesignated) the following: (11) Hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program \nThe term hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program means the quotient obtained by dividing— (A) the full-time equivalent rate (within the meaning of the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document)) for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program (as determined by the Commission) for a fiscal year; by (B) the productive hours assumption for that fiscal year, determined in accordance with the formula established in the document referred to in subparagraph (A) (or a successor document). ; and (E) by inserting after paragraph (12) (as so redesignated) the following: (13) Mission-direct program salaries and benefits for the Nuclear Reactor Safety Program \nThe term mission-direct program salaries and benefits for the Nuclear Reactor Safety Program means the resources of the Commission that are allocated to the Nuclear Reactor Safety Program (as determined by the Commission) to perform core work activities committed to fulfilling the mission of the Commission, as described in the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document). (14) Mission-indirect program support \nThe term mission-indirect program support means the resources of the Commission that support the core mission-direct activities for the Nuclear Reactor Safety Program of the Commission (as determined by the Commission), as described in the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document).. (2) Excluded activities \nSection 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) ) (as amended by subsection (c)(3)(A)(ii)) is amended by adding at the end the following: (v) The total costs of mission-indirect program support and agency support that, under paragraph (2)(B), may not be included in the hourly rate charged for fees assessed to advanced nuclear reactor applicants. (vi) The total costs of mission-indirect program support and agency support that, under paragraph (2)(C), may not be included in the hourly rate charged for fees assessed to advanced nuclear reactor pre-applicants.. (3) Fees for service or thing of value \nSection 102(b) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b) ) is amended by striking paragraph (2) and inserting the following: (2) Fees for service or thing of value \n(A) In general \nIn accordance with section 9701 of title 31, United States Code, the Commission shall assess and collect fees from any person who receives a service or thing of value from the Commission to cover the costs to the Commission of providing the service or thing of value. (B) Advanced nuclear reactor applicants \nThe hourly rate charged for fees assessed to advanced nuclear reactor applicants under this paragraph relating to the review of a submitted application described in section 3(1) shall not exceed the hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program. (C) Advanced nuclear reactor pre-applicants \nThe hourly rate charged for fees assessed to advanced nuclear reactor pre-applicants under this paragraph relating to the review of submitted materials as described in the licensing project plan of an advanced nuclear reactor pre-applicant shall not exceed the hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program.. (4) Sunset \nSection 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended by adding at the end the following: (g) Cessation of effectiveness \nParagraphs (1)(B)(vi) and (2)(C) of subsection (b) shall cease to be effective on September 30, 2029.. (5) Effective date \nThe amendments made by this subsection shall take effect on October 1, 2024.", "id": "id41c94ef8-fd14-464d-be2c-70af523348fa", "header": "Fees for advanced nuclear reactor application review", "nested": [], "links": [ { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" }, { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" }, { "text": "42 U.S.C. 2215(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2215(b)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] }, { "text": "(g) Advanced nuclear reactor prizes \nSection 103 of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 ; 132 Stat. 5571) is amended by adding at the end the following: (f) Prizes for advanced nuclear reactor licensing \n(1) Definition of eligible entity \nIn this subsection, the term eligible entity means— (A) a non-Federal entity; and (B) the Tennessee Valley Authority. (2) Prize for advanced nuclear reactor licensing \n(A) In general \nNotwithstanding section 169 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2209 ) and subject to the availability of appropriations, the Secretary is authorized to make, with respect to each award category described in subparagraph (C), an award in an amount described in subparagraph (B) to the first eligible entity— (i) to which the Commission issues an operating license for an advanced nuclear reactor under part 50 of title 10, Code of Federal Regulations (or successor regulations), for which an application has not been approved by the Commission as of the date of enactment of this subsection; or (ii) for which the Commission makes a finding described in section 52.103(g) of title 10, Code of Federal Regulations (or successor regulations), with respect to a combined license for an advanced nuclear reactor— (I) that is issued under subpart C of part 52 of that title (or successor regulations); and (II) for which an application has not been approved by the Commission as of the date of enactment of this subsection. (B) Amount of award \nAn award under subparagraph (A) shall be in an amount equal to the total amount assessed by the Commission and collected under section 102(b)(2) from the eligible entity receiving the award for costs relating to the issuance of the license described in that subparagraph, including, as applicable, costs relating to the issuance of an associated construction permit described in section 50.23 of title 10, Code of Federal Regulations (or successor regulations), or early site permit (as defined in section 52.1 of that title (or successor regulations)). (C) Award categories \nAn award under subparagraph (A) may be made for— (i) the first advanced nuclear reactor for which the Commission— (I) issues a license in accordance with clause (i) of subparagraph (A); or (II) makes a finding in accordance with clause (ii) of that subparagraph; (ii) an advanced nuclear reactor that— (I) uses isotopes derived from spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 )) or depleted uranium as fuel for the advanced nuclear reactor; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; (iii) an advanced nuclear reactor that— (I) is a nuclear integrated energy system— (aa) that is composed of 2 or more co-located or jointly operated subsystems of energy generation, energy storage, or other technologies; (bb) in which not fewer than 1 subsystem described in item (aa) is a nuclear energy system; and (cc) the purpose of which is— (AA) to reduce greenhouse gas emissions in both the power and nonpower sectors; and (BB) to maximize energy production and efficiency; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; (iv) an advanced reactor that— (I) operates flexibly to generate electricity or high temperature process heat for nonelectric applications; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; and (v) the first advanced nuclear reactor for which the Commission grants approval to load nuclear fuel pursuant to the technology-inclusive regulatory framework established under subsection (a)(4). (3) Federal funding limitations \n(A) Exclusion of TVA funds \nIn this paragraph, the term Federal funds does not include funds received under the power program of the Tennessee Valley Authority. (B) Limitation on amounts expended \nAn award under this subsection shall not exceed the total amount expended (excluding any expenditures made with Federal funds received for the applicable project and an amount equal to the minimum cost-share required under section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 )) by the eligible entity receiving the award for licensing costs relating to the project for which the award is made. (C) Repayment and dividends not required \nNotwithstanding section 9104(a)(4) of title 31, United States Code, or any other provision of law, an eligible entity that receives an award under this subsection shall not be required— (i) to repay that award or any part of that award; or (ii) to pay a dividend, interest, or other similar payment based on the sum of that award..", "id": "id36430370-ecb9-41a1-949d-14d56950103e", "header": "Advanced nuclear reactor prizes", "nested": [], "links": [ { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2209", "legal-doc": "usc", "parsable-cite": "usc/42/2209" }, { "text": "section 52.1", "legal-doc": "usc", "parsable-cite": "usc/26/52" }, { "text": "42 U.S.C. 10101", "legal-doc": "usc", "parsable-cite": "usc/42/10101" }, { "text": "42 U.S.C. 16352", "legal-doc": "usc", "parsable-cite": "usc/42/16352" } ] }, { "text": "(h) Report on unique licensing considerations relating to the use of nuclear energy for nonelectric applications \n(1) In general \nNot later than 270 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report (referred to in this subsection as the report ) addressing any unique licensing issues or requirements relating to— (A) the flexible operation of nuclear reactors, such as ramping power output and switching between electricity generation and nonelectric applications; (B) the use of advanced nuclear reactors exclusively for nonelectric applications; and (C) the colocation of nuclear reactors with industrial plants or other facilities. (2) Stakeholder input \nIn developing the report, the Commission shall seek input from— (A) the Secretary of Energy; (B) the nuclear energy industry; (C) technology developers; (D) the industrial, chemical, and medical sectors; (E) nongovernmental organizations; and (F) other public stakeholders. (3) Contents \n(A) In general \nThe report shall describe— (i) any unique licensing issues or requirements relating to the matters described in subparagraphs (A) through (C) of paragraph (1), including, with respect to the nonelectric applications referred to in subparagraphs (A) and (B) of that paragraph, any licensing issues or requirements relating to the use of nuclear energy in— (I) hydrogen or other liquid and gaseous fuel or chemical production; (II) water desalination and wastewater treatment; (III) heat for industrial processes; (IV) district heating; (V) energy storage; (VI) industrial or medical isotope production; and (VII) other applications, as identified by the Commission; (ii) options for addressing those issues or requirements— (I) within the existing regulatory framework of the Commission; (II) as part of the technology-inclusive regulatory framework required under subsection (a)(4) of section 103 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ) or described in the report required under subsection (e) of that section ( Public Law 115–439 ; 132 Stat. 5575); or (III) through a new rulemaking; and (iii) the extent to which Commission action is needed to implement any matter described in the report. (B) Cost estimates, budgets, and timeframes \nThe report shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance in the licensing of nuclear reactors for nonelectric applications.", "id": "idffb35eb7-87f8-444c-b9bc-224e725aebf0", "header": "Report on unique licensing considerations relating to the use of nuclear energy for nonelectric applications", "nested": [], "links": [ { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" } ] }, { "text": "(i) Enabling preparations for the demonstration of advanced nuclear reactors on Department of Energy sites or critical national security infrastructure sites \n(1) In general \nSection 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) ) (as amended by subsection (f)(2)) is amended by adding at the end the following: (vii) Costs for— (I) activities to review and approve or disapprove an application for an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or a successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1722)) site; and (II) pre-application activities relating to an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or a successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1722)) site.. (2) Effective date \nThe amendment made by paragraph (1) shall take effect on October 1, 2024.", "id": "idca12b91f-9f49-4c25-88d1-e16964d6243c", "header": "Enabling preparations for the demonstration of advanced nuclear reactors on Department of Energy sites or critical national security infrastructure sites", "nested": [], "links": [ { "text": "42 U.S.C. 2215(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "(j) Clarification on fusion regulation \nSection 103(a)(4) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ) is amended— (1) by striking Not later and inserting the following: (A) In general \nNot later ; and (2) by adding at the end the following: (B) Exclusion of fusion reactors \nFor purposes of subparagraph (A), the term advanced reactor applicant does not include an applicant seeking a license for a fusion reactor..", "id": "id1fbba72a-2b4c-4b73-88c1-6808f9f73ca6", "header": "Clarification on fusion regulation", "nested": [], "links": [ { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" } ] }, { "text": "(k) Regulatory issues for nuclear facilities at brownfield sites \n(1) Definitions \n(A) Brownfield site \nThe term brownfield site has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (B) Production facility \nThe term production facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (C) Retired fossil fuel site \nThe term retired fossil fuel site means the site of 1 or more fossil fuel electric generation facilities that are retired or scheduled to retire, including multi-unit facilities that are partially shut down. (D) Utilization facility \nThe term utilization facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (2) Identification of regulatory issues \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the Commission shall evaluate the extent to which modification of regulations, guidance, or policy is needed to enable timely licensing reviews for, and to support the oversight of, production facilities or utilization facilities at brownfield sites. (B) Requirement \nIn carrying out subparagraph (A), the Commission shall consider how licensing reviews for production facilities or utilization facilities at brownfield sites may be expedited by considering matters relating to siting and operating a production facility or a utilization facility at or near a retired fossil fuel site to support— (i) the reuse of existing site infrastructure, including— (I) electric switchyard components and transmission infrastructure; (II) heat-sink components; (III) steam cycle components; (IV) roads; (V) railroad access; and (VI) water availability; (ii) the use of early site permits; (iii) the utilization of plant parameter envelopes or similar standardized site parameters on a portion of a larger site; and (iv) the use of a standardized application for similar sites. (C) Report \nNot later than 14 months after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report describing any regulations, guidance, and policies identified under subparagraph (A). (3) Licensing \n(A) In general \nNot later than 2 years after the date of enactment of this Act, the Commission shall— (i) develop and implement strategies to enable timely licensing reviews for, and to support the oversight of, production facilities or utilization facilities at brownfield sites, including retired fossil fuel sites; or (ii) initiate a rulemaking to enable timely licensing reviews for, and to support the oversight of, of production facilities or utilization facilities at brownfield sites, including retired fossil fuel sites. (B) Requirements \nIn carrying out subparagraph (A), consistent with the mission of the Commission, the Commission shall consider matters relating to— (i) the use of existing site infrastructure; (ii) existing emergency preparedness organizations and planning; (iii) the availability of historical site-specific environmental data; (iv) previously approved environmental reviews required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (v) activities associated with the potential decommissioning of facilities or decontamination and remediation at brownfield sites; and (vi) community engagement and historical experience with energy production. (4) Report \nNot later than 3 years after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report describing the actions taken by the Commission under paragraph (3).", "id": "idcf98bdd7-0aed-4263-a622-d07193238750", "header": "Regulatory issues for nuclear facilities at brownfield sites", "nested": [], "links": [ { "text": "42 U.S.C. 9601", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(l) Appalachian Regional Commission nuclear energy development \n(1) In general \nSubchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: 14512. Appalachian Regional Commission nuclear energy development \n(a) Definitions \nIn this section: (1) Brownfield site \nThe term brownfield site has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (2) Production facility \nThe term production facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (3) Retired Fossil Fuel Site \nThe term retired fossil fuel site means the site of 1 or more fossil fuel electric generation facilities that are retired or scheduled to retire, including multi-unit facilities that are partially shut down. (4) Utilization facility \nThe term utilization facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (b) Authority \nThe Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities— (1) to conduct research and analysis regarding the economic impact of siting, constructing, and operating a production facility or a utilization facility at a brownfield site, including a retired fossil fuel site; (2) to assist with workforce training or retraining to perform activities relating to the siting and operation of a production facility or a utilization facility at a brownfield site, including a retired fossil fuel site; and (3) to engage with the Nuclear Regulatory Commission, the Department of Energy, and other Federal agencies with expertise in civil nuclear energy. (c) Limitation on available amounts \nOf the cost of any project or activity eligible for a grant under this section— (1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section; (2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and (3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section. (d) Sources of assistance \nSubject to subsection (c), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available— (1) under any other Federal program; or (2) from any other source. (e) Federal share \nNotwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.. (2) Authorization of appropriations \nSection 14703 of title 40, United States Code, is amended— (A) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (B) by inserting after subsection (d) the following: (e) Appalachian Regional Commission nuclear energy development \nOf the amounts made available under subsection (a), $5,000,000 may be used to carry out section 14512 for each of fiscal years 2023 through 2026.. (3) Clerical amendment \nThe analysis for subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by striking the item relating to section 14511 and inserting the following: 14511. Appalachian regional energy hub initiative. 14512. Appalachian Regional Commission nuclear energy development..", "id": "id91d57648-2463-4381-a1bd-c10b7285dfc2", "header": "Appalachian Regional Commission nuclear energy development", "nested": [], "links": [ { "text": "42 U.S.C. 9601", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" } ] }, { "text": "(m) Foreign ownership \n(1) In general \nThe prohibitions against issuing certain licenses for utilization facilities to certain corporations and other entities described in the second sentence of section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) and the second sentence of section 104 d. of that Act ( 42 U.S.C. 2134(d) ) shall not apply to an entity described in paragraph (2) if the Commission determines that issuance of the applicable license to that entity is not inimical to— (A) the common defense and security; or (B) the health and safety of the public. (2) Entities described \n(A) In general \nAn entity referred to in paragraph (1) is a corporation or other entity that is owned, controlled, or dominated by— (i) the government of— (I) a country that is a member of the Organisation for Economic Co-operation and Development on the date of enactment of this Act, subject to subparagraph (B); or (II) the Republic of India; (ii) a corporation that is incorporated in a country described in subclause (I) or (II) of clause (i); or (iii) an alien who is a national of a country described in subclause (I) or (II) of clause (i). (B) Exclusion \nAn entity described in subparagraph (A)(i)(I) is not an entity referred to in paragraph (1), and paragraph (1) shall not apply to that entity, if, on the date of enactment of this Act— (i) the entity (or any department, agency, or instrumentality of the entity) is a person subject to sanctions under section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 ); or (ii) any citizen of the entity, or any entity organized under the laws of, or otherwise subject to the jurisdiction of, the entity, is a person subject to sanctions under that section. (3) Technical amendment \nSection 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) is amended, in the second sentence, by striking any any and inserting any. (4) Savings clause \nNothing in this subsection affects the requirements of section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ).", "id": "id5ad72473-4860-44bb-a7db-2e97cd5f1b61", "header": "Foreign ownership", "nested": [], "links": [ { "text": "42 U.S.C. 2133(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "42 U.S.C. 2134(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2134" }, { "text": "22 U.S.C. 9525", "legal-doc": "usc", "parsable-cite": "usc/22/9525" }, { "text": "42 U.S.C. 2133(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "50 U.S.C. 4565", "legal-doc": "usc", "parsable-cite": "usc/50/4565" } ] }, { "text": "(n) Extension of the Price-Anderson Act \n(1) Extension \nSection 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) (commonly known as the Price-Anderson Act ) is amended by striking December 31, 2025 each place it appears and inserting December 31, 2045. (2) Liability \nSection 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) (commonly known as the Price-Anderson Act ) is amended— (A) in subsection d. (5), by striking $500,000,000 and inserting $2,000,000,000 ; and (B) in subsection e. (4), by striking $500,000,000 and inserting $2,000,000,000. (3) Report \nSection 170 p. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(p) ) (commonly known as the Price-Anderson Act ) is amended by striking December 31, 2021 and inserting December 31, 2041. (4) Definition of nuclear incident \nSection 11 q. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(q) ) is amended, in the second proviso, by striking if such occurrence and all that follows through United States: and inserting a colon.", "id": "id2a6eee12-65d6-47ee-9f6e-df04488c5f1e", "header": "Extension of the Price-Anderson Act", "nested": [], "links": [ { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 2210(p)", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 2014(q)", "legal-doc": "usc", "parsable-cite": "usc/42/2014" } ] }, { "text": "(o) Report on advanced methods of manufacturing and construction for nuclear energy applications \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report (referred to in this subsection as the report ) on manufacturing and construction for nuclear energy applications. (2) Stakeholder input \nIn developing the report, the Commission shall seek input from— (A) the Secretary of Energy; (B) the nuclear energy industry; (C) National Laboratories; (D) institutions of higher education; (E) nuclear and manufacturing technology developers; (F) the manufacturing and construction industries, including manufacturing and construction companies with operating facilities in the United States; (G) standards development organizations; (H) labor unions; (I) nongovernmental organizations; and (J) other public stakeholders. (3) Contents \n(A) In general \nThe report shall— (i) examine any unique licensing issues or requirements relating to the use of innovative— (I) advanced manufacturing processes; (II) advanced construction techniques; and (III) rapid improvement or iterative innovation processes; (ii) examine— (I) the requirements for nuclear-grade components in manufacturing and construction for nuclear energy applications; (II) opportunities to use standard materials, parts, or components in manufacturing and construction for nuclear energy applications; (III) opportunities to use standard materials that are in compliance with existing codes to provide acceptable approaches to support or encapsulate new materials that do not yet have applicable codes; and (IV) requirements relating to the transport of a fueled advanced nuclear reactor core from a manufacturing licensee to a licensee that holds a license to construct and operate a facility at a particular site; (iii) identify any safety aspects of innovative advanced manufacturing processes and advanced construction techniques that are not addressed by existing codes and standards, so that generic guidance may be updated or created, as necessary; (iv) identify options for addressing the issues, requirements, and opportunities examined under clauses (i) and (ii)— (I) within the existing regulatory framework; or (II) through a new rulemaking; (v) identify how addressing the issues, requirements, and opportunities examined under clauses (i) and (ii) will impact opportunities for domestic nuclear manufacturing and construction developers; and (vi) describe the extent to which Commission action is needed to implement any matter described in the report. (B) Cost estimates, budgets, and timeframes \nThe report shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for manufacturing and construction for nuclear energy applications.", "id": "id5f0a4417-9996-426b-b2a4-40db9db16211", "header": "Report on advanced methods of manufacturing and construction for nuclear energy applications", "nested": [], "links": [] }, { "text": "(p) Nuclear energy traineeship \nSection 313 of division C of the Omnibus Appropriations Act, 2009 ( 42 U.S.C. 16274a ), is amended— (1) in subsection (a), by striking Nuclear Regulatory ; (2) in subsection (b)(1), in the matter preceding subparagraph (A), by inserting and subsection (c) after paragraph (2) ; (3) in subsection (c)— (A) by redesignating paragraph (2) as paragraph (5); and (B) by striking paragraph (1) and inserting the following: (1) Advanced nuclear reactor \nThe term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). (2) Commission \nThe term Commission means the Nuclear Regulatory Commission. (3) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (4) National Laboratory \nThe term National Laboratory has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). ; (4) in subsection (d)(2), by striking Nuclear Regulatory ; (5) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (6) by inserting after subsection (b) the following: (c) Nuclear energy traineeship subprogram \n(1) In general \nThe Commission shall establish, as a subprogram of the Program, a nuclear energy traineeship subprogram under which the Commission, in coordination with institutions of higher education and trade schools, shall competitively award traineeships that provide focused training to meet critical mission needs of the Commission and nuclear workforce needs, including needs relating to the nuclear tradecraft workforce. (2) Requirements \nIn carrying out the nuclear energy traineeship subprogram described in paragraph (1), the Commission shall— (A) coordinate with the Secretary of Energy to prioritize the funding of traineeships that focus on— (i) nuclear workforce needs; and (ii) critical mission needs of the Commission; (B) encourage appropriate partnerships among— (i) National Laboratories; (ii) institutions of higher education; (iii) trade schools; (iv) the nuclear energy industry; and (v) other entities, as the Commission determines to be appropriate; and (C) on an annual basis, evaluate nuclear workforce needs for the purpose of implementing traineeships in focused topical areas that— (i) address the workforce needs of the nuclear energy community; and (ii) support critical mission needs of the Commission..", "id": "idadc808b3-2420-4fc7-8ba0-3b0bef70d51d", "header": "Nuclear energy traineeship", "nested": [], "links": [ { "text": "42 U.S.C. 16274a", "legal-doc": "usc", "parsable-cite": "usc/42/16274a" }, { "text": "42 U.S.C. 16271(b)", "legal-doc": "usc", "parsable-cite": "usc/42/16271" }, { "text": "42 U.S.C. 15801", "legal-doc": "usc", "parsable-cite": "usc/42/15801" }, { "text": "42 U.S.C. 16271(b)", "legal-doc": "usc", "parsable-cite": "usc/42/16271" } ] }, { "text": "(q) Report on Commission readiness and capacity to license additional conversion and enrichment capacity to reduce reliance on uranium from Russia \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress, the Committee on Foreign Relations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the readiness and capacity of the Commission to license additional conversion and enrichment capacity at existing and new fuel cycle facilities to reduce reliance on nuclear fuel that is recovered, converted, enriched, or fabricated by an entity that— (A) is owned or controlled by the Government of the Russian Federation; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation. (2) Contents \nThe report required under paragraph (1) shall analyze how the capacity of the Commission to license additional conversion and enrichment capacity at existing and new fuel cycle facilities may conflict with or restrict the readiness of the Commission to review advanced nuclear reactor applications.", "id": "id23cd1497-c570-4f52-b9cb-3dfa92a087c2", "header": "Report on Commission readiness and capacity to license additional conversion and enrichment capacity to reduce reliance on uranium from Russia", "nested": [], "links": [] }, { "text": "(r) Annual report on the spent nuclear fuel and high-level radioactive waste inventory in the United States \n(1) Definitions \nIn this subsection: (A) High-level radioactive waste \nThe term high-level radioactive waste has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (B) Spent nuclear fuel \nThe term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (C) Standard contract \nThe term standard contract has the meaning given the term contract in section 961.3 of title 10, Code of Federal Regulations (or a successor regulation). (2) Report \nNot later than January 1, 2025, and annually thereafter, the Secretary of Energy shall submit to Congress a report that describes— (A) the annual and cumulative amount of payments made by the United States to the holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ) resulting in financial damages to the holder; (B) the cumulative amount spent by the Department of Energy since fiscal year 2008 to reduce future payments projected to be made by the United States to any holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ); (C) the cumulative amount spent by the Department of Energy to store, manage, and dispose of spent nuclear fuel and high-level radioactive waste in the United States as of the date of the report; (D) the projected lifecycle costs to store, manage, transport, and dispose of the projected inventory of spent nuclear fuel and high-level radioactive waste in the United States, including spent nuclear fuel and high-level radioactive waste expected to be generated from existing reactors through 2050; (E) any mechanisms for better accounting of liabilities for the lifecycle costs of the spent nuclear fuel and high-level radioactive waste inventory in the United States; (F) any recommendations for improving the methods used by the Department of Energy for the accounting of spent nuclear fuel and high-level radioactive waste costs and liabilities; (G) any actions taken in the previous fiscal year by the Department of Energy with respect to interim storage; and (H) any activities taken in the previous fiscal year by the Department of Energy to develop and deploy nuclear technologies and fuels that enhance the safe transportation or storage of spent nuclear fuel or high-level radioactive waste, including technologies to protect against seismic, flooding, and other extreme weather events.", "id": "id75601a3f-fdfe-4fdd-9585-016c70fae236", "header": "Annual report on the spent nuclear fuel and high-level radioactive waste inventory in the United States", "nested": [], "links": [ { "text": "42 U.S.C. 10101", "legal-doc": "usc", "parsable-cite": "usc/42/10101" }, { "text": "42 U.S.C. 10101", "legal-doc": "usc", "parsable-cite": "usc/42/10101" }, { "text": "42 U.S.C. 10101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/10101" }, { "text": "42 U.S.C. 10101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/10101" } ] }, { "text": "(s) Authorization of appropriations for superfund actions at abandoned mining sites on Tribal land \n(1) Definitions \nIn this subsection: (A) Eligible non- NPL site \nThe term eligible non-NPL site means a site— (i) that is not on the National Priorities List; but (ii) with respect to which the Administrator determines that— (I) the site would be eligible for listing on the National Priorities List based on the presence of hazards from contamination at the site, applying the hazard ranking system described in section 105(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(c) ); and (II) for removal site evaluations, engineering evaluations/cost analyses, remedial planning activities, remedial investigations and feasibility studies, and other actions taken pursuant to section 104(b) of that Act ( 42 U.S.C. 9604 ), the site— (aa) has undergone a pre-CERCLA screening; and (bb) is included in the Superfund Enterprise Management System. (B) Indian Tribe \nThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (C) National Priorities List \nThe term National Priorities List means the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ). (D) Remedial action; removal; response \nThe terms remedial action , removal , and response have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (E) Tribal land \nThe term Tribal land has the meaning given the term Indian country in section 1151 of title 18, United States Code. (2) Authorization of appropriations \nThere are authorized to be appropriated for each of fiscal years 2023 through 2032, to remain available until expended— (A) $97,000,000 to the Administrator to carry out this subsection (except for paragraph (4)); and (B) $3,000,000 to the Administrator of the Agency for Toxic Substances and Disease Registry to carry out paragraph (4). (3) Uses of amounts \nAmounts appropriated under paragraph (2)(A) shall be used by the Administrator— (A) to carry out removal actions on abandoned mine land located on Tribal land; (B) to carry out response actions, including removal and remedial planning activities, removal and remedial studies, remedial actions, and other actions taken pursuant to section 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(b) ) on abandoned mine land located on Tribal land at— (i) eligible non-NPL sites; and (ii) sites listed on the National Priorities List; and (C) to make grants under paragraph (5). (4) Health assessments \nSubject to the availability of appropriations, the Agency for Toxic Substances and Disease Registry, in coordination with Tribal health authorities, shall perform 1 or more health assessments at each eligible non-NPL site that is located on Tribal land, in accordance with section 104(i)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(i)(6) ). (5) Tribal grants \n(A) In general \nThe Administrator may use amounts appropriated under paragraph (2)(A) to make grants to eligible entities described in subparagraph (B) for the purposes described in subparagraph (C). (B) Eligible entities described \nAn eligible entity referred to in subparagraph (A) is— (i) the governing body of an Indian Tribe; or (ii) a legally established organization of Indians that— (I) is controlled, sanctioned, or chartered by the governing bodies of 2 or more Indian Tribes to be served, or that is democratically elected by the adult members of the Indian community to be served, by that organization; and (II) includes the maximum participation of Indians in all phases of the activities of that organization. (C) Use of grant funds \nA grant under this paragraph shall be used— (i) in accordance with the second sentence of section 117(e)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(1) ); (ii) for obtaining technical assistance in carrying out response actions under clause (iii); or (iii) for carrying out response actions, if the Administrator determines that the Indian Tribe has the capability to carry out any or all of those response actions in accordance with the criteria and priorities established pursuant to section 105(a)(8) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8) ). (D) Applications \nAn eligible entity desiring a grant under this paragraph shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (E) Limitations \nA grant under this paragraph shall be governed by the rules, procedures, and limitations described in section 117(e)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(2) ), except that— (i) Administrator of the Environmental Protection Agency shall be substituted for President each place it appears in that section; and (ii) in the first sentence of that section, under subsection (s) of the ADVANCE Act of 2023 shall be substituted for under this subsection. (6) Statute of limitations \nIf a remedial action described in paragraph (3)(B) is scheduled at an eligible non-NPL site, no action may be commenced for damages (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )) with respect to that eligible non-NPL site unless the action is commenced within the timeframe provided for such actions with respect to facilities on the National Priorities List in the first sentence of the matter following subparagraph (B) of section 113(g)(1) of that Act ( 42 U.S.C. 9613(g)(1) ). (7) Coordination \nThe Administrator shall coordinate with the Indian Tribe on whose land the applicable site is located in— (A) selecting and prioritizing sites for response actions under subparagraphs (A) and (B) of paragraph (3); and (B) carrying out those response actions.", "id": "id7e47d718-ce26-4041-9116-d3b8cd6cc3a7", "header": "Authorization of appropriations for superfund actions at abandoned mining sites on Tribal land", "nested": [], "links": [ { "text": "42 U.S.C. 9605(c)", "legal-doc": "usc", "parsable-cite": "usc/42/9605" }, { "text": "42 U.S.C. 9604", "legal-doc": "usc", "parsable-cite": "usc/42/9604" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "42 U.S.C. 9605(a)(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/9605" }, { "text": "42 U.S.C. 9601", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 9604(b)", "legal-doc": "usc", "parsable-cite": "usc/42/9604" }, { "text": "42 U.S.C. 9604(i)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/9604" }, { "text": "42 U.S.C. 9617(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/9617" }, { "text": "42 U.S.C. 9605(a)(8)", "legal-doc": "usc", "parsable-cite": "usc/42/9605" }, { "text": "42 U.S.C. 9617(e)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/9617" }, { "text": "42 U.S.C. 9601", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 9613(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/9613" } ] }, { "text": "(t) Development, qualification, and licensing of advanced nuclear fuel concepts \n(1) In General \nThe Commission shall establish an initiative to enhance preparedness and coordination with respect to the qualification and licensing of advanced nuclear fuel. (2) Agency Coordination \nNot later than 180 days after the date of enactment of this Act, the Commission and the Secretary of Energy shall enter into a memorandum of understanding— (A) to share technical expertise and knowledge through— (i) enabling the testing and demonstration of accident tolerant fuels for existing commercial nuclear reactors and advanced nuclear reactor fuel concepts to be proposed and funded, in whole or in part, by the private sector; (ii) operating a database to store and share data and knowledge relevant to nuclear science and engineering between Federal agencies and the private sector; (iii) leveraging expertise with respect to safety analysis and research relating to advanced nuclear fuel; and (iv) enabling technical staff to actively observe and learn about technologies, with an emphasis on identification of additional information needed with respect to advanced nuclear fuel; and (B) to ensure that— (i) the Department of Energy has sufficient technical expertise to support the timely research, development, demonstration, and commercial application of advanced nuclear fuel; (ii) the Commission has sufficient technical expertise to support the evaluation of applications for licenses, permits, and design certifications and other requests for regulatory approval for advanced nuclear fuel; (iii) (I) the Department of Energy maintains and develops the facilities necessary to enable the timely research, development, demonstration, and commercial application by the civilian nuclear industry of advanced nuclear fuel; and (II) the Commission has access to the facilities described in subclause (I), as needed; and (iv) the Commission consults, as appropriate, with the modeling and simulation experts at the Office of Nuclear Energy of the Department of Energy, at the National Laboratories, and within industry fuel vendor teams in cooperative agreements with the Department of Energy to leverage physics-based computer modeling and simulation capabilities. (3) Report \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report describing the efforts of the Commission under paragraph (1), including— (i) an assessment of the preparedness of the Commission to review and qualify for use— (I) accident tolerant fuel; (II) ceramic cladding materials; (III) fuels containing silicon carbide; (IV) high-assay, low-enriched uranium fuels; (V) molten-salt based liquid fuels; (VI) fuels derived from spent nuclear fuel or depleted uranium; and (VII) other related fuel concepts, as determined by the Commission; (ii) activities planned or undertaken under the memorandum of understanding described in paragraph (2); (iii) an accounting of the areas of research needed with respect to advanced nuclear fuel; and (iv) any other challenges or considerations identified by the Commission. (B) Consultation \nIn developing the report under subparagraph (A), the Commission shall seek input from— (i) the Secretary of Energy; (ii) National Laboratories; (iii) the nuclear energy industry; (iv) technology developers; (v) nongovernmental organizations; and (vi) other public stakeholders.", "id": "id6f0c56ae-c22b-456c-be1c-602ebd32702d", "header": "Development, qualification, and licensing of advanced nuclear fuel concepts", "nested": [], "links": [] }, { "text": "(u) Commission workforce \n(1) Definition of Chairman \nIn this subsection, the term Chairman means the Chairman of the Commission. (2) Hiring bonus and appointment authority \n(A) In general \nNotwithstanding section 161 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(d) ), any provision of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and any provision of title 5, United States Code, governing appointments and General Schedule classification and pay rates, the Chairman may, subject to the limitations described in subparagraph (C), and without regard to the civil service laws— (i) establish the positions described in subparagraph (B); and (ii) appoint persons to the positions established under clause (i). (B) Positions described \nThe positions referred to in subparagraph (A)(i) are— (i) permanent or term-limited positions with highly specialized scientific, engineering, and technical competencies to address a critical licensing or regulatory oversight need for the Commission, including— (I) health physicist; (II) reactor operations engineer; (III) human factors analyst or engineer; (IV) risk and reliability analyst or engineer; (V) licensing project manager; (VI) reactor engineer for severe accidents; (VII) geotechnical engineer; (VIII) structural engineer; (IX) reactor systems engineer; (X) reactor engineer; (XI) radiation scientist; (XII) seismic engineer; and (XIII) electronics engineer; or (ii) permanent or term-limited positions to be filled by exceptionally well-qualified individuals that the Chairman, subject to paragraph (5), determines are necessary to fulfill the mission of the Commission. (C) Limitations \n(i) In general \nAppointments under subparagraph (A)(ii) may be made to not more than— (I) (aa) 15 permanent positions described in subparagraph (B)(i) during fiscal year 2024; and (bb) 10 permanent positions described in subparagraph (B)(i) during each fiscal year thereafter; (II) (aa) 15 term-limited positions described in subparagraph (B)(i) during fiscal year 2024; and (bb) 10 term-limited positions described in subparagraph (B)(i) during each fiscal year thereafter; (III) (aa) 15 permanent positions described in subparagraph (B)(ii) during fiscal year 2024; and (bb) 10 permanent positions described in subparagraph (B)(ii) during each fiscal year thereafter; and (IV) (aa) 15 term-limited positions described in subparagraph (B)(ii) during fiscal year 2024; and (bb) 10 term-limited positions described in subparagraph (B)(ii) during each fiscal year thereafter. (ii) Term of term-limited appointment \nIf a person is appointed to a term-limited position described in clause (i) or (ii) of subparagraph (B), the term of that appointment shall not exceed 4 years. (iii) Staff positions \nSubject to paragraph (5), appointments made to positions established under this paragraph shall be to a range of staff positions that are of entry, mid, and senior levels, to the extent practicable. (D) Hiring bonus \nThe Commission may pay a person appointed under subparagraph (A) a 1-time hiring bonus in an amount not to exceed the least of— (i) $25,000; (ii) the amount equal to 15 percent of the annual rate of basic pay of the employee; and (iii) the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. (3) Compensation and appointment authority \n(A) In general \nNotwithstanding section 161 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(d) ), any provision of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and chapter 51, and subchapter III of chapter 53, of title 5, United States Code, the Chairman, subject to the limitations described in subparagraph (C) and without regard to the civil service laws, may— (i) establish and fix the rates of basic pay for the positions described in subparagraph (B); and (ii) appoint persons to the positions established under clause (i). (B) Positions described \nThe positions referred to in subparagraph (A)(i) are— (i) positions with highly specialized scientific, engineering, and technical competencies to address a critical need for the Commission, including— (I) health physicist; (II) reactor operations engineer; (III) human factors analyst or engineer; (IV) risk and reliability analyst or engineer; (V) licensing project manager; (VI) reactor engineer for severe accidents; (VII) geotechnical engineer; (VIII) structural engineer; (IX) reactor systems engineer; (X) reactor engineer; (XI) radiation scientist; (XII) seismic engineer; and (XIII) electronics engineer; or (ii) positions to be filled by exceptionally well-qualified persons that the Chairman, subject to paragraph (5), determines are necessary to fulfill the mission of the Commission. (C) Limitations \n(i) In general \nThe annual rate of basic pay for a position described in subparagraph (B) may not exceed the per annum rate of salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (ii) Number of positions \nAppointments under subparagraph (A)(ii) may be made to not more than— (I) 10 positions described in subparagraph (B)(i) per fiscal year, not to exceed a total of 50 positions; and (II) 10 positions described in subparagraph (B)(ii) per fiscal year, not to exceed a total of 50 positions. (D) Performance bonus \n(i) In general \nSubject to clauses (ii) and (iii), an employee may be paid a 1-time performance bonus in an amount not to exceed the least of— (I) $25,000; (II) the amount equal to 15 percent of the annual rate of basic pay of the person; and (III) the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. (ii) Performance \nAny 1-time performance bonus under clause (i) shall be made to a person who demonstrated exceptional performance in the applicable fiscal year, including— (I) leading a project team in a timely, efficient, and predictable licensing review to enable the safe use of nuclear technology; (II) making significant contributions to a timely, efficient, and predictable licensing review to enable the safe use of nuclear technology; (III) the resolution of novel or first-of-a-kind regulatory issues; (IV) developing or implementing licensing or regulatory oversight processes to improve the effectiveness of the Commission; and (V) other performance, as determined by the Chairman, subject to paragraph (5). (iii) Limitations \nThe Commission may pay a 1-time performance bonus under clause (i) for not more than 15 persons per fiscal year, and a person who receives a 1-time performance bonus under that clause may not receive another 1-time performance bonus under that clause for a period of 5 years thereafter. (4) Annual solicitation for Nuclear Regulator Apprenticeship Network applications \nThe Chairman, on an annual basis, shall solicit applications for the Nuclear Regulator Apprenticeship Network. (5) Application of merit system principles \nTo the maximum extent practicable, appointments under paragraphs (2)(A) and (3)(A) and any 1-time performance bonus under paragraph (3)(D) shall be made in accordance with the merit system principles set forth in section 2301 of title 5, United States Code. (6) Delegation \nPursuant to Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), the Chairman shall delegate, subject to the direction and supervision of the Chairman, the authority provided by paragraphs (2), (3), and (4) to the Executive Director for Operations of the Commission. (7) Annual report \nThe Commission shall include in the annual budget justification of the Commission— (A) information that describes— (i) the total number of and the positions of the persons appointed under the authority provided by paragraph (2); (ii) the total number of and the positions of the persons paid at the rate determined under the authority provided by paragraph (3)(A); (iii) the total number of and the positions of the persons paid a 1-time performance bonus under the authority provided by paragraph (3)(D); (iv) how the authority provided by paragraphs (2) and (3) is being used, and has been used during the previous fiscal year, to address the hiring and retention needs of the Commission with respect to the positions described in those subsections to which that authority is applicable; (v) if the authority provided by paragraphs (2) and (3) is not being used, or has not been used, the reasons, including a justification, for not using that authority; and (vi) the attrition levels with respect to the term-limited appointments made under paragraph (2), including, with respect to persons leaving a position before completion of the applicable term of service, the average length of service as a percentage of the term of service; (B) an assessment of— (i) the current critical workforce needs of the Commission, including any critical workforce needs that the Commission anticipates in the subsequent 5 fiscal years; and (ii) further skillsets that are or will be needed for the Commission to fulfill the licensing and oversight responsibilities of the Commission; and (C) the plans of the Commission to assess, develop, and implement updated staff performance standards, training procedures, and schedules. (8) Report on attrition and effectiveness \nNot later than September 30, 2032, the Commission shall submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Energy and Commerce of the House of Representatives a report that— (A) describes the attrition levels with respect to the term-limited appointments made under paragraph (2), including, with respect to persons leaving a position before completion of the applicable term of service, the average length of service as a percentage of the term of service; (B) provides the views of the Commission on the effectiveness of the authorities provided by paragraphs (2) and (3) in helping the Commission fulfill the mission of the Commission; and (C) makes recommendations with respect to whether the authorities provided by paragraphs (2) and (3) should be continued, modified, or discontinued.", "id": "ide8e3238b-d9f8-431b-9fbf-2bd2fac7a1cc", "header": "Commission workforce", "nested": [], "links": [ { "text": "42 U.S.C. 2201(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2201" }, { "text": "42 U.S.C. 2201(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2201" } ] }, { "text": "(v) Commission corporate support funding \n(1) Report \nNot later than 3 years after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress and make publicly available a report that describes— (A) the progress on the implementation of section 102(a)(3) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(a)(3) ); and (B) whether the Commission is meeting and is expected to meet the total budget authority caps required for corporate support under that section. (2) Limitation on corporate support costs \nSection 102(a)(3) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(a)(3) ) is amended by striking subparagraphs (B) and (C) and inserting the following: (B) 30 percent for fiscal year 2024 and each fiscal year thereafter.. (3) Corporate support costs clarification \nParagraph (9) of section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ) (as redesignated by subsection (f)(1)(A)) is amended— (A) by striking The term and inserting the following: (A) In general \nThe term ; and (B) by adding at the end the following: (B) Exclusions \nThe term corporate support costs does not include— (i) costs for rent and utilities relating to any and all space in the Three White Flint North building that is not occupied by the Commission; or (ii) costs for salaries, travel, and other support for the Office of the Commission..", "id": "id4566529d-6859-401d-aaa4-5fb3ed6d8921", "header": "Commission corporate support funding", "nested": [], "links": [ { "text": "42 U.S.C. 2215(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2215(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" } ] }, { "text": "(w) Performance and reporting update \nSection 102(c) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(c) ) is amended— (1) in paragraph (3)— (A) in the paragraph heading, by striking 180 and inserting 90 ; and (B) by striking 180 and inserting 90 ; and (2) by adding at the end the following: (4) Periodic updates to metrics and schedules \n(A) Review and assessment \nNot less frequently than once every 3 years, the Commission shall review and assess, based on the licensing and regulatory activities of the Commission, the performance metrics and milestone schedules established under paragraph (1). (B) Revisions \nAfter each review and assessment under subparagraph (A), the Commission shall revise and improve, as appropriate, the performance metrics and milestone schedules described in that subparagraph to provide the most efficient metrics and schedules reasonably achievable..", "id": "idf08ff75f-d5be-4c37-a211-edfa5425daf7", "header": "Performance and reporting update", "nested": [], "links": [ { "text": "42 U.S.C. 2215(c)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] }, { "text": "(x) Nuclear closure communities \n(1) Definitions \nIn this subsection: (A) Community advisory board \nThe term community advisory board means a community committee or other advisory organization that aims to foster communication and information exchange between a licensee planning for and involved in decommissioning activities and members of the community that decommissioning activities may affect. (B) Decommission \nThe term decommission has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). (C) Eligible recipient \nThe term eligible recipient has the meaning given the term in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 ). (D) Licensee \nThe term licensee has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). (E) Nuclear closure community \nThe term nuclear closure community means a unit of local government, including a county, city, town, village, school district, or special district, that has been impacted, or reasonably demonstrates to the satisfaction of the Secretary that it will be impacted, by a nuclear power plant licensed by the Commission that— (i) is not co-located with an operating nuclear power plant; (ii) is at a site with spent nuclear fuel; and (iii) as of the date of enactment of this Act— (I) has ceased operations; or (II) has provided a written notification to the Commission that it will cease operations. (F) Secretary \nThe term Secretary means the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Economic Development. (2) Establishment \nNot later than 180 days after the date of enactment of this Act, the Secretary shall establish a grant program to provide grants to eligible recipients— (A) to assist with economic development in nuclear closure communities; and (B) to fund community advisory boards in nuclear closure communities. (3) Requirement \nIn carrying out this subsection, to the maximum extent practicable, the Secretary shall implement the recommendations described in the report submitted to Congress under section 108 of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 ; 132 Stat. 5577) entitled Best Practices for Establishment and Operation of Local Community Advisory Boards Associated with Decommissioning Activities at Nuclear Power Plants. (4) Distribution of funds \nThe Secretary shall establish a formula to ensure, to the maximum extent practicable, geographic diversity among grant recipients under this subsection. (5) Authorization of appropriations \n(A) In general \nThere are authorized to be appropriated to the Secretary— (i) to carry out paragraph (2)(A), $35,000,000 for each of fiscal years 2023 through 2028; and (ii) to carry out paragraph (2)(B), $5,000,000 for each of fiscal years 2023 through 2025. (B) Availability \nAmounts made available under this subsection shall remain available for a period of 5 years beginning on the date on which the amounts are made available. (C) No offset \nNone of the funds made available under this subsection may be used to offset the funding for any other Federal program.", "id": "id5fd4ae91-4c5f-4bcd-832f-79a816116924", "header": "Nuclear closure communities", "nested": [], "links": [ { "text": "42 U.S.C. 3122", "legal-doc": "usc", "parsable-cite": "usc/42/3122" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" } ] }, { "text": "(y) Technical correction \nSection 104 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(c) ) is amended— (1) by striking the third sentence and inserting the following: (3) Limitation on utilization facilities \nThe Commission may issue a license under this section for a utilization facility useful in the conduct of research and development activities of the types specified in section 31 if— (A) not more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of— (i) nonenergy services; (ii) energy; or (iii) a combination of nonenergy services and energy; and (B) not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy. ; (2) in the second sentence, by striking The Commission and inserting the following: (2) Regulation \nThe Commission ; and (3) by striking c. The Commission and inserting the following: c. Research and development activities \n(1) In general \nSubject to paragraphs (2) and (3), the Commission.", "id": "idd53274e4-ef0e-4b34-a501-a623b454c215", "header": "Technical correction", "nested": [], "links": [ { "text": "42 U.S.C. 2134(c)", "legal-doc": "usc", "parsable-cite": "usc/42/2134" } ] }, { "text": "(z) Report on engagement with the Government of Canada with respect to nuclear waste issues in the Great Lakes Basin \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress, the Committee on Foreign Relations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report describing any engagement between the Commission and the Government of Canada with respect to nuclear waste issues in the Great Lakes Basin.", "id": "ida83ffe73b2364de08dbfa53e280d151e", "header": "Report on engagement with the Government of Canada with respect to nuclear waste issues in the Great Lakes Basin", "nested": [], "links": [] }, { "text": "(aa) Savings clause \nNothing in this section affects authorities of the Department of State.", "id": "id7b0bef233cb04070b98e47c1cdcbbb9b", "header": "Savings clause", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "20 U.S.C. 1001(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "42 U.S.C. 15801", "legal-doc": "usc", "parsable-cite": "usc/42/15801" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2073", "legal-doc": "usc", "parsable-cite": "usc/42/2073" }, { "text": "42 U.S.C. 2073", "legal-doc": "usc", "parsable-cite": "usc/42/2073" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" }, { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" }, { "text": "42 U.S.C. 2215(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2215(b)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2209", "legal-doc": "usc", "parsable-cite": "usc/42/2209" }, { "text": "section 52.1", "legal-doc": "usc", "parsable-cite": "usc/26/52" }, { "text": "42 U.S.C. 10101", "legal-doc": "usc", "parsable-cite": "usc/42/10101" }, { "text": "42 U.S.C. 16352", "legal-doc": "usc", "parsable-cite": "usc/42/16352" }, { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2215(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 9601", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 9601", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 2133(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "42 U.S.C. 2134(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2134" }, { "text": "22 U.S.C. 9525", "legal-doc": "usc", "parsable-cite": "usc/22/9525" }, { "text": "42 U.S.C. 2133(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "50 U.S.C. 4565", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 2210(p)", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 2014(q)", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 16274a", "legal-doc": "usc", "parsable-cite": "usc/42/16274a" }, { "text": "42 U.S.C. 16271(b)", "legal-doc": "usc", "parsable-cite": "usc/42/16271" }, { "text": "42 U.S.C. 15801", "legal-doc": "usc", "parsable-cite": "usc/42/15801" }, { "text": "42 U.S.C. 16271(b)", "legal-doc": "usc", "parsable-cite": "usc/42/16271" }, { "text": "42 U.S.C. 10101", "legal-doc": "usc", "parsable-cite": "usc/42/10101" }, { "text": "42 U.S.C. 10101", "legal-doc": "usc", "parsable-cite": "usc/42/10101" }, { "text": "42 U.S.C. 10101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/10101" }, { "text": "42 U.S.C. 10101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/10101" }, { "text": "42 U.S.C. 9605(c)", "legal-doc": "usc", "parsable-cite": "usc/42/9605" }, { "text": "42 U.S.C. 9604", "legal-doc": "usc", "parsable-cite": "usc/42/9604" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "42 U.S.C. 9605(a)(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/9605" }, { "text": "42 U.S.C. 9601", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 9604(b)", "legal-doc": "usc", "parsable-cite": "usc/42/9604" }, { "text": "42 U.S.C. 9604(i)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/9604" }, { "text": "42 U.S.C. 9617(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/9617" }, { "text": "42 U.S.C. 9605(a)(8)", "legal-doc": "usc", "parsable-cite": "usc/42/9605" }, { "text": "42 U.S.C. 9617(e)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/9617" }, { "text": "42 U.S.C. 9601", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 9613(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/9613" }, { "text": "42 U.S.C. 2201(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2201" }, { "text": "42 U.S.C. 2201(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2201" }, { "text": "42 U.S.C. 2215(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2215(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2215(c)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 3122", "legal-doc": "usc", "parsable-cite": "usc/42/3122" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2134(c)", "legal-doc": "usc", "parsable-cite": "usc/42/2134" } ] }, { "text": "14512. Appalachian Regional Commission nuclear energy development \n(a) Definitions \nIn this section: (1) Brownfield site \nThe term brownfield site has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (2) Production facility \nThe term production facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (3) Retired Fossil Fuel Site \nThe term retired fossil fuel site means the site of 1 or more fossil fuel electric generation facilities that are retired or scheduled to retire, including multi-unit facilities that are partially shut down. (4) Utilization facility \nThe term utilization facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (b) Authority \nThe Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities— (1) to conduct research and analysis regarding the economic impact of siting, constructing, and operating a production facility or a utilization facility at a brownfield site, including a retired fossil fuel site; (2) to assist with workforce training or retraining to perform activities relating to the siting and operation of a production facility or a utilization facility at a brownfield site, including a retired fossil fuel site; and (3) to engage with the Nuclear Regulatory Commission, the Department of Energy, and other Federal agencies with expertise in civil nuclear energy. (c) Limitation on available amounts \nOf the cost of any project or activity eligible for a grant under this section— (1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section; (2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and (3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section. (d) Sources of assistance \nSubject to subsection (c), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available— (1) under any other Federal program; or (2) from any other source. (e) Federal share \nNotwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.", "id": "id8e099998-4519-4aa3-a063-2b11db7ec447", "header": "Appalachian Regional Commission nuclear energy development", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Brownfield site \nThe term brownfield site has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (2) Production facility \nThe term production facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (3) Retired Fossil Fuel Site \nThe term retired fossil fuel site means the site of 1 or more fossil fuel electric generation facilities that are retired or scheduled to retire, including multi-unit facilities that are partially shut down. (4) Utilization facility \nThe term utilization facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ).", "id": "idd56e37c3-8617-49b7-a30e-64dad0999efb", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 9601", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" } ] }, { "text": "(b) Authority \nThe Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities— (1) to conduct research and analysis regarding the economic impact of siting, constructing, and operating a production facility or a utilization facility at a brownfield site, including a retired fossil fuel site; (2) to assist with workforce training or retraining to perform activities relating to the siting and operation of a production facility or a utilization facility at a brownfield site, including a retired fossil fuel site; and (3) to engage with the Nuclear Regulatory Commission, the Department of Energy, and other Federal agencies with expertise in civil nuclear energy.", "id": "id5a3aff99-b95a-4390-8b7f-3b2923f1b40a", "header": "Authority", "nested": [], "links": [] }, { "text": "(c) Limitation on available amounts \nOf the cost of any project or activity eligible for a grant under this section— (1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section; (2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and (3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section.", "id": "id45a9403c-9a6e-4b32-a3af-758df29a9215", "header": "Limitation on available amounts", "nested": [], "links": [] }, { "text": "(d) Sources of assistance \nSubject to subsection (c), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available— (1) under any other Federal program; or (2) from any other source.", "id": "id89718ecd-15ea-4f8e-9e1f-29419d63dd85", "header": "Sources of assistance", "nested": [], "links": [] }, { "text": "(e) Federal share \nNotwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.", "id": "id2c4b5923-1729-45b3-aba1-e1d3c2961956", "header": "Federal share", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 9601", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" } ] }, { "text": "6001. Short title; table of contents \n(a) Short title \nThis division may be cited as the Department of State Authorization Act of 2023. (b) Table of contents \nThe table of contents for this division is as follows: DIVISION F—Department of State Authorization Act of 2023 Sec. 6001. Short title; table of contents. Sec. 6002. Definitions. TITLE LXI—Diplomatic security and consular affairs Sec. 6101. Special hiring authority for passport services. Sec. 6102. Quarterly report on passport wait times. Sec. 6103. Passport travel advisories. Sec. 6104. Strategy to ensure access to passport services for all Americans. Sec. 6105. Strengthening the National Passport Information Center. Sec. 6106. Strengthening passport customer visibility and transparency. Sec. 6107. Annual Office of Authentications report. Sec. 6108. Increased accountability in assignment restrictions and reviews. Sec. 6109. Suitability reviews for Foreign Service Institute instructors. Sec. 6110. Diplomatic security fellowship programs. TITLE LXII—Personnel matters Subtitle A—Hiring, promotion, and development Sec. 6201. Adjustment to promotion precepts. Sec. 6202. Hiring authorities. Sec. 6203. Extending paths to service for paid student interns. Sec. 6204. Lateral Entry Program. Sec. 6205. Mid-Career Mentoring Program. Sec. 6206. Report on the Foreign Service Institute’s language program. Sec. 6207. Consideration of career civil servants as chiefs of missions. Sec. 6208. Civil service rotational program. Sec. 6209. Reporting requirement on chiefs of mission. Sec. 6210. Report on chiefs of mission and deputy chiefs of mission. Sec. 6211. Protection of retirement annuity for reemployment by Department. Sec. 6212. Efforts to improve retention and prevent retaliation. Sec. 6213. National advertising campaign. Sec. 6214. Expansion of diplomats in residence programs. Subtitle B—Pay, benefits, and workforce matters Sec. 6221. Education allowance. Sec. 6222. Per diem allowance for newly hired members of the Foreign Service. Sec. 6223. Improving mental health services for foreign and civil servants. Sec. 6224. Emergency back-up care. Sec. 6225. Authority to provide services to non-chief of mission personnel. Sec. 6226. Exception for government-financed air transportation. Sec. 6227. Enhanced authorities to protect locally employed staff during emergencies. Sec. 6228. Internet at hardship posts. Sec. 6229. Competitive local compensation plan. Sec. 6230. Supporting tandem couples in the Foreign Service. Sec. 6231. Accessibility at diplomatic missions. Sec. 6232. Report on breastfeeding accommodations overseas. Sec. 6233. Determining the effectiveness of knowledge transfers between Foreign Service Officers. Sec. 6234. Education allowance for dependents of Department of State employees located in United States territories. TITLE LXIII—Information security and cyber diplomacy Sec. 6301. Data-informed diplomacy. Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer Program. Sec. 6303. Establishment of the Chief Artificial Intelligence Officer of the Department of State. Sec. 6304. Strengthening the Chief Information Officer of the Department of State. Sec. 6305. Sense of Congress on strengthening enterprise governance. Sec. 6306. Digital connectivity and cybersecurity partnership. Sec. 6307. Establishment of a cyberspace, digital connectivity, and related technologies (CDT) fund. Sec. 6308. Cyber protection support for personnel of the Department of State in positions highly vulnerable to cyber attack. TITLE LXIV—Organization and operations Sec. 6401. Personal services contractors. Sec. 6402. Hard-to-fill posts. Sec. 6403. Enhanced oversight of the Office of Civil Rights. Sec. 6404. Crisis response operations. Sec. 6405. Special Envoy to the Pacific Islands Forum. Sec. 6406. Special Envoy for Belarus. Sec. 6407. Overseas placement of special appointment positions. Sec. 6408. Resources for United States nationals unlawfully or wrongfully detained abroad. TITLE LXV—Economic diplomacy Sec. 6501. Report on recruitment, retention, and promotion of Foreign Service economic officers. Sec. 6502. Mandate to revise Department of State metrics for successful economic and commercial diplomacy. Sec. 6503. Chief of mission economic responsibilities. Sec. 6504. Direction to embassy deal teams. Sec. 6505. Establishment of a Deal Team of the Year award. TITLE LXVI—Public diplomacy Sec. 6601. Public diplomacy outreach. Sec. 6602. Modification on use of funds for Radio Free Europe/Radio Liberty. Sec. 6603. International broadcasting. Sec. 6604. John Lewis Civil Rights Fellowship program. Sec. 6605. Domestic engagement and public affairs. Sec. 6606. Extension of Global Engagement Center. Sec. 6607. Paperwork Reduction Act. Sec. 6608. Modernization and enhancement strategy. TITLE LXVII—Other matters Sec. 6701. Internships of United States nationals at international organizations. Sec. 6702. Training for international organizations. Sec. 6703. Modification to transparency on international agreements and non-binding instruments. Sec. 6704. Report on partner forces utilizing United States security assistance identified as using hunger as a weapon of war. Sec. 6705. Infrastructure projects and investments by the United States and People’s Republic of China. Sec. 6706. Special envoys. Sec. 6707. US–ASEAN Center. Sec. 6708. Briefings on the United States-European Union Trade and Technology Council. Sec. 6709. Modification and repeal of reports. Sec. 6710. Modification of Build Act of 2018 to prioritize projects that advance national security. Sec. 6711. Permitting for international bridges. TITLE LXVIII—AUKUS matters Sec. 6801. Definitions. Subtitle A—Outlining the AUKUS partnership Sec. 6811. Statement of policy on the AUKUS partnership. Sec. 6812. Senior Advisor for the AUKUS partnership at the Department of State. Subtitle B—Authorization for AUKUS submarine training Sec. 6823. Australia, United Kingdom, and United States submarine security training. Subtitle C—Streamlining and protecting transfers of United States military technology from compromise Sec. 6831. Priority for Australia and the United Kingdom in Foreign Military Sales and Direct Commercial Sales. Sec. 6832. Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through Foreign Military Sales and Direct Commercial Sales. Sec. 6833. Export control exemptions and standards. Sec. 6834. Expedited review of export licenses for exports of advanced technologies to Australia, the United Kingdom, and Canada. Sec. 6835. United States Munitions List. Subtitle D—Other AUKUS matters Sec. 6841. Reporting related to the AUKUS partnership.", "id": "id19305388CE9147E4B27E5C8F572BA7A0", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis division may be cited as the Department of State Authorization Act of 2023.", "id": "id36e95b50681545eeb3edf7a287ad6624", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this division is as follows: DIVISION F—Department of State Authorization Act of 2023 Sec. 6001. Short title; table of contents. Sec. 6002. Definitions. TITLE LXI—Diplomatic security and consular affairs Sec. 6101. Special hiring authority for passport services. Sec. 6102. Quarterly report on passport wait times. Sec. 6103. Passport travel advisories. Sec. 6104. Strategy to ensure access to passport services for all Americans. Sec. 6105. Strengthening the National Passport Information Center. Sec. 6106. Strengthening passport customer visibility and transparency. Sec. 6107. Annual Office of Authentications report. Sec. 6108. Increased accountability in assignment restrictions and reviews. Sec. 6109. Suitability reviews for Foreign Service Institute instructors. Sec. 6110. Diplomatic security fellowship programs. TITLE LXII—Personnel matters Subtitle A—Hiring, promotion, and development Sec. 6201. Adjustment to promotion precepts. Sec. 6202. Hiring authorities. Sec. 6203. Extending paths to service for paid student interns. Sec. 6204. Lateral Entry Program. Sec. 6205. Mid-Career Mentoring Program. Sec. 6206. Report on the Foreign Service Institute’s language program. Sec. 6207. Consideration of career civil servants as chiefs of missions. Sec. 6208. Civil service rotational program. Sec. 6209. Reporting requirement on chiefs of mission. Sec. 6210. Report on chiefs of mission and deputy chiefs of mission. Sec. 6211. Protection of retirement annuity for reemployment by Department. Sec. 6212. Efforts to improve retention and prevent retaliation. Sec. 6213. National advertising campaign. Sec. 6214. Expansion of diplomats in residence programs. Subtitle B—Pay, benefits, and workforce matters Sec. 6221. Education allowance. Sec. 6222. Per diem allowance for newly hired members of the Foreign Service. Sec. 6223. Improving mental health services for foreign and civil servants. Sec. 6224. Emergency back-up care. Sec. 6225. Authority to provide services to non-chief of mission personnel. Sec. 6226. Exception for government-financed air transportation. Sec. 6227. Enhanced authorities to protect locally employed staff during emergencies. Sec. 6228. Internet at hardship posts. Sec. 6229. Competitive local compensation plan. Sec. 6230. Supporting tandem couples in the Foreign Service. Sec. 6231. Accessibility at diplomatic missions. Sec. 6232. Report on breastfeeding accommodations overseas. Sec. 6233. Determining the effectiveness of knowledge transfers between Foreign Service Officers. Sec. 6234. Education allowance for dependents of Department of State employees located in United States territories. TITLE LXIII—Information security and cyber diplomacy Sec. 6301. Data-informed diplomacy. Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer Program. Sec. 6303. Establishment of the Chief Artificial Intelligence Officer of the Department of State. Sec. 6304. Strengthening the Chief Information Officer of the Department of State. Sec. 6305. Sense of Congress on strengthening enterprise governance. Sec. 6306. Digital connectivity and cybersecurity partnership. Sec. 6307. Establishment of a cyberspace, digital connectivity, and related technologies (CDT) fund. Sec. 6308. Cyber protection support for personnel of the Department of State in positions highly vulnerable to cyber attack. TITLE LXIV—Organization and operations Sec. 6401. Personal services contractors. Sec. 6402. Hard-to-fill posts. Sec. 6403. Enhanced oversight of the Office of Civil Rights. Sec. 6404. Crisis response operations. Sec. 6405. Special Envoy to the Pacific Islands Forum. Sec. 6406. Special Envoy for Belarus. Sec. 6407. Overseas placement of special appointment positions. Sec. 6408. Resources for United States nationals unlawfully or wrongfully detained abroad. TITLE LXV—Economic diplomacy Sec. 6501. Report on recruitment, retention, and promotion of Foreign Service economic officers. Sec. 6502. Mandate to revise Department of State metrics for successful economic and commercial diplomacy. Sec. 6503. Chief of mission economic responsibilities. Sec. 6504. Direction to embassy deal teams. Sec. 6505. Establishment of a Deal Team of the Year award. TITLE LXVI—Public diplomacy Sec. 6601. Public diplomacy outreach. Sec. 6602. Modification on use of funds for Radio Free Europe/Radio Liberty. Sec. 6603. International broadcasting. Sec. 6604. John Lewis Civil Rights Fellowship program. Sec. 6605. Domestic engagement and public affairs. Sec. 6606. Extension of Global Engagement Center. Sec. 6607. Paperwork Reduction Act. Sec. 6608. Modernization and enhancement strategy. TITLE LXVII—Other matters Sec. 6701. Internships of United States nationals at international organizations. Sec. 6702. Training for international organizations. Sec. 6703. Modification to transparency on international agreements and non-binding instruments. Sec. 6704. Report on partner forces utilizing United States security assistance identified as using hunger as a weapon of war. Sec. 6705. Infrastructure projects and investments by the United States and People’s Republic of China. Sec. 6706. Special envoys. Sec. 6707. US–ASEAN Center. Sec. 6708. Briefings on the United States-European Union Trade and Technology Council. Sec. 6709. Modification and repeal of reports. Sec. 6710. Modification of Build Act of 2018 to prioritize projects that advance national security. Sec. 6711. Permitting for international bridges. TITLE LXVIII—AUKUS matters Sec. 6801. Definitions. Subtitle A—Outlining the AUKUS partnership Sec. 6811. Statement of policy on the AUKUS partnership. Sec. 6812. Senior Advisor for the AUKUS partnership at the Department of State. Subtitle B—Authorization for AUKUS submarine training Sec. 6823. Australia, United Kingdom, and United States submarine security training. Subtitle C—Streamlining and protecting transfers of United States military technology from compromise Sec. 6831. Priority for Australia and the United Kingdom in Foreign Military Sales and Direct Commercial Sales. Sec. 6832. Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through Foreign Military Sales and Direct Commercial Sales. Sec. 6833. Export control exemptions and standards. Sec. 6834. Expedited review of export licenses for exports of advanced technologies to Australia, the United Kingdom, and Canada. Sec. 6835. United States Munitions List. Subtitle D—Other AUKUS matters Sec. 6841. Reporting related to the AUKUS partnership.", "id": "idff2e221477f0442ab20a8e6e1000721e", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "6002. Definitions \nIn this division: (1) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Department \nThe term Department means the Department of State. (3) Secretary \nThe term Secretary means the Secretary of State.", "id": "idf3d89d4fab5e4898a59b95c35e2c5e70", "header": "Definitions", "nested": [], "links": [] }, { "text": "6101. Special hiring authority for passport services \nDuring the 3-year period beginning on the date of the enactment of this Act, the Secretary of State, without regard to the provisions under sections 3309 through 3318 of title 5, United States Code, may directly appoint up to 80 candidates to positions in the competitive service (as defined in section 2102 of such title) at the Department in the Passport and Visa Examining Series 0967.", "id": "id3f1d53b56c4945d0ab7ecd81d8273f83", "header": "Special hiring authority for passport services", "nested": [], "links": [ { "text": "section 2102", "legal-doc": "usc", "parsable-cite": "usc/26/2102" } ] }, { "text": "6102. Quarterly report on passport wait times \nNot later than 30 days after the date of the enactment of this Act, and quarterly thereafter for the following 3 years, the Secretary shall submit a report to the appropriate congressional committees that describes— (1) the current estimated wait times for passport processing; (2) the steps that have been taken by the Department to reduce wait times to a reasonable time; (3) efforts to improve the rollout of the online passport renewal processing program, including how much of passport revenues the Department is spending on consular systems modernization; (4) the demand for urgent passport services by major metropolitan area; (5) the steps that have been taken by the Department to reduce and meet the demand for urgent passport services, particularly in areas that are greater than 5 hours driving time from the nearest passport agency; and (6) how the Department details its staff and resources to passport services programs.", "id": "idcb9b9350a2b44a8c84343591c43ad1a0", "header": "Quarterly report on passport wait times", "nested": [], "links": [] }, { "text": "6103. Passport travel advisories \nNot later than 180 days after the date of the enactment of this Act, the Department shall make prominently available in United States regular passports, on the first three pages of the passport, the following information: (1) A prominent, clear advisory for all travelers to check travel.state.gov for updated travel warnings and advisories. (2) A prominent, clear notice urging all travelers to register with the Department prior to overseas travel. (3) A prominent, clear advisory— (A) noting that many countries deny entry to travelers during the last 6 months of their passport validity period; and (B) urging all travelers to renew their passport not later than 1 year prior to its expiration.", "id": "id3b8d71d5b3cd4f14ae71e406a544116f", "header": "Passport travel advisories", "nested": [], "links": [] }, { "text": "6104. Strategy to ensure access to passport services for all Americans \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a strategy to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives for ensuring reasonable access to passport services for all Americans, which shall include— (1) a detailed strategy describing how the Department could— (A) by not later than 1 year after submission of the strategy, reduce passport processing times to an acceptable average for renewals and for expedited service; and (B) by not later than 2 years after the submission of the strategy, provide United States residents living in a significant population center more than a 5-hour drive from a passport agency with urgent, in-person passport services, including the possibility of building new passport agencies; and (2) a description of the specific resources required to implement the strategy.", "id": "ida99b8da74295487bbe6e08aa7ac9a439", "header": "Strategy to ensure access to passport services for all Americans", "nested": [], "links": [] }, { "text": "6105. Strengthening the National Passport Information Center \n(a) Sense of Congress \nIt is the sense of Congress that passport wait times since 2021 have been unacceptably long and have created frustration among those seeking to obtain or renew passports. (b) Online chat feature \nThe Department should develop an online tool with the capability for customers to correspond with customer service representatives regarding questions and updates pertaining to their application for a passport or for the renewal of a passport. (c) GAO report \nNot later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall initiate a review of NPIC operations, which shall include an analysis of the extent to which NPIC— (1) responds to constituent inquiries by telephone, including how long constituents are kept on hold and their ability to be placed in a queue; (2) provides personalized customer service; (3) maintains its telecommunications infrastructure to ensure it effectively handles call volumes; and (4) other relevant issues the Comptroller General deems appropriate.", "id": "idbaed8070f1ce4d06b09d0315fe37c64f", "header": "Strengthening the National Passport Information Center", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that passport wait times since 2021 have been unacceptably long and have created frustration among those seeking to obtain or renew passports.", "id": "idb64de826fd6e42288758aa29990393ed", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Online chat feature \nThe Department should develop an online tool with the capability for customers to correspond with customer service representatives regarding questions and updates pertaining to their application for a passport or for the renewal of a passport.", "id": "id6a75d2883b1b4fba8a4e2eadae9782f4", "header": "Online chat feature", "nested": [], "links": [] }, { "text": "(c) GAO report \nNot later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall initiate a review of NPIC operations, which shall include an analysis of the extent to which NPIC— (1) responds to constituent inquiries by telephone, including how long constituents are kept on hold and their ability to be placed in a queue; (2) provides personalized customer service; (3) maintains its telecommunications infrastructure to ensure it effectively handles call volumes; and (4) other relevant issues the Comptroller General deems appropriate.", "id": "idf5efb8d114144029a0928bdf04f52652", "header": "GAO report", "nested": [], "links": [] } ], "links": [] }, { "text": "6106. Strengthening passport customer visibility and transparency \n(a) Online status tool \nNot later than 2 years after the date of the enactment of this Act, the Department should modernize the online passport application status tool to include, to the greatest extent possible, step by step updates on the status of their application, including with respect to the following stages: (1) Submitted for processing. (2) In process at a lockbox facility. (3) Awaiting adjudication. (4) In process of adjudication. (5) Adjudicated with a result of approval or denial. (6) Materials shipped. (b) Additional information \nThe tool pursuant to subsection (a) should include a display that informs each passport applicant of— (1) the date on which his or her passport application was received; and (2) the estimated wait time remaining in the passport application process. (c) Report \nNot later than 90 days after the date of the enactment of this Act, the Assistant Secretary of State for Consular Affairs shall submit a report to the appropriate congressional committees that outlines a plan for coordinated comprehensive public outreach to increase public awareness and understanding of— (1) the online status tool required under subsection (a); (2) passport travel advisories required under section 6103; and (3) passport wait times.", "id": "id1f0eabdd365444458c5660b15a3865d5", "header": "Strengthening passport customer visibility and transparency", "nested": [ { "text": "(a) Online status tool \nNot later than 2 years after the date of the enactment of this Act, the Department should modernize the online passport application status tool to include, to the greatest extent possible, step by step updates on the status of their application, including with respect to the following stages: (1) Submitted for processing. (2) In process at a lockbox facility. (3) Awaiting adjudication. (4) In process of adjudication. (5) Adjudicated with a result of approval or denial. (6) Materials shipped.", "id": "ide1c94c95bce8415c8f4face9de668832", "header": "Online status tool", "nested": [], "links": [] }, { "text": "(b) Additional information \nThe tool pursuant to subsection (a) should include a display that informs each passport applicant of— (1) the date on which his or her passport application was received; and (2) the estimated wait time remaining in the passport application process.", "id": "idc7dd7c8b51a24ec2bce2195de37efb15", "header": "Additional information", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 90 days after the date of the enactment of this Act, the Assistant Secretary of State for Consular Affairs shall submit a report to the appropriate congressional committees that outlines a plan for coordinated comprehensive public outreach to increase public awareness and understanding of— (1) the online status tool required under subsection (a); (2) passport travel advisories required under section 6103; and (3) passport wait times.", "id": "idb145ddc3f27a4a6ca5029e0e951eb44a", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "6107. Annual Office of Authentications report \n(a) Report \nThe Assistant Secretary of State for Consular Affairs shall submit an annual report for 5 years to the appropriated congressional committees that describes— (1) the number of incoming authentication requests, broken down by month and type of request, to show seasonal fluctuations in demand; (2) the average time taken by the Office of Authentications of the Department of State to authenticate documents, broken down by month to show seasonal fluctuations in wait times; (3) how the Department of State details staff to the Office of Authentications; and (4) the impact that hiring additional, permanent, dedicated staff for the Office of Authentications would have on the processing times referred to in paragraph (2). (b) Authorization \nThe Secretary of State is authorized to hire additional, permanent, dedicated staff for the Office of Authentications.", "id": "idd2e4d5a9a1c140a0ae6c6d343d933e75", "header": "Annual Office of Authentications report", "nested": [ { "text": "(a) Report \nThe Assistant Secretary of State for Consular Affairs shall submit an annual report for 5 years to the appropriated congressional committees that describes— (1) the number of incoming authentication requests, broken down by month and type of request, to show seasonal fluctuations in demand; (2) the average time taken by the Office of Authentications of the Department of State to authenticate documents, broken down by month to show seasonal fluctuations in wait times; (3) how the Department of State details staff to the Office of Authentications; and (4) the impact that hiring additional, permanent, dedicated staff for the Office of Authentications would have on the processing times referred to in paragraph (2).", "id": "idf08280357ff344d9beae515fb255a051", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Authorization \nThe Secretary of State is authorized to hire additional, permanent, dedicated staff for the Office of Authentications.", "id": "idfb1f30cbea62493fb1e9c28a395d8b20", "header": "Authorization", "nested": [], "links": [] } ], "links": [] }, { "text": "6108. Increased accountability in assignment restrictions and reviews \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the use of policies to restrict personnel from serving in certain assignments may undermine the Department’s ability to deploy relevant cultural and linguistic skills at diplomatic posts abroad if not applied judiciously; and (2) the Department should continuously evaluate all processes relating to assignment restrictions, assignment reviews, and preclusions at the Department. (b) Notification of status \nBeginning not later than 90 days after the date of the enactment of this Act, the Secretary shall— (1) provide a status update for all Department personnel who, prior to such date of enactment, were subject to a prior assignment restriction, assignment review, or preclusion for whom a review or decision related to assignment is pending; and (2) on an ongoing basis, provide a status update for any Department personnel who has been the subject of a pending assignment restriction or pending assignment review for more than 30 days. (c) Notification content \nThe notification required under subsection (b) shall inform relevant personnel, as of the date of the notification— (1) whether any prior assignment restriction has been lifted; (2) if their assignment status is subject to ongoing review, and an estimated date for completion; and (3) if they are subject to any other restrictions on their ability to serve at posts abroad. (d) Adjudication of ongoing assignment reviews \n(1) Time limit \nThe Department shall establish a reasonable time limit for the Department to complete an assignment review and establish a deadline by which it must inform personnel of a decision related to such a review. (2) Appeals \nFor any personnel the Department determines are ineligible to serve in an assignment due to an assignment restriction or assignment review, a Security Appeal Panel shall convene not later than 120 days of an appeal being filed. (3) Entry-level bidding process \nThe Department shall include a description of the assignment review process and critical human intelligence threat posts in a briefing to new officers as part of their entry-level bidding process. (4) Point of contact \nThe Department shall designate point of contacts in the Bureau of Diplomatic Security and Bureau of Global Talent Management to answer employee and Career Development Officer questions about assignment restrictions, assignment reviews, and preclusions. (e) Security appeal panel \nNot later than 90 days after the date of the enactment of this Act, the Security Appeal Panel shall be comprised of— (1) the head of an office responsible for human resources or discrimination who reports directly to the Secretary; (2) the Principal Deputy Assistant Secretary for the Bureau of Global Talent Management; (3) the Principal Deputy Assistant Secretary for the Bureau of Intelligence and Research; (4) an Assistant Secretary or Deputy, or equivalent, from a third bureau as designated by the Under Secretary for Management; (5) a representative from the geographic bureau to which the restriction applies; and (6) a representative from the Office of the Legal Adviser and a representative from the Bureau of Diplomatic Security, who shall serve as non-voting advisors. (f) Appeal rights \nSection 414(a) of the Department of State Authorities Act, Fiscal Year 2017 ( 22 U.S.C. 2734c(a) ) is amended by striking the first two sentences and inserting The Secretary shall establish and maintain a right and process for employees to appeal a decision related to an assignment, based on a restriction, review, or preclusion. Such right and process shall ensure that any such employee shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance.. (g) FAM update \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall amend all relevant provisions of the Foreign Service Manual, and any associated or related policies of the Department, to comply with this section.", "id": "id59c9d55ac23e401a80f62582bfa31103", "header": "Increased accountability in assignment restrictions and reviews", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that— (1) the use of policies to restrict personnel from serving in certain assignments may undermine the Department’s ability to deploy relevant cultural and linguistic skills at diplomatic posts abroad if not applied judiciously; and (2) the Department should continuously evaluate all processes relating to assignment restrictions, assignment reviews, and preclusions at the Department.", "id": "id40e041d4659746088292cb19433e1da9", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Notification of status \nBeginning not later than 90 days after the date of the enactment of this Act, the Secretary shall— (1) provide a status update for all Department personnel who, prior to such date of enactment, were subject to a prior assignment restriction, assignment review, or preclusion for whom a review or decision related to assignment is pending; and (2) on an ongoing basis, provide a status update for any Department personnel who has been the subject of a pending assignment restriction or pending assignment review for more than 30 days.", "id": "id0a0b0824513c4f96870eb1009b04422c", "header": "Notification of status", "nested": [], "links": [] }, { "text": "(c) Notification content \nThe notification required under subsection (b) shall inform relevant personnel, as of the date of the notification— (1) whether any prior assignment restriction has been lifted; (2) if their assignment status is subject to ongoing review, and an estimated date for completion; and (3) if they are subject to any other restrictions on their ability to serve at posts abroad.", "id": "idc8c5aacc90274a1286f8155922603792", "header": "Notification content", "nested": [], "links": [] }, { "text": "(d) Adjudication of ongoing assignment reviews \n(1) Time limit \nThe Department shall establish a reasonable time limit for the Department to complete an assignment review and establish a deadline by which it must inform personnel of a decision related to such a review. (2) Appeals \nFor any personnel the Department determines are ineligible to serve in an assignment due to an assignment restriction or assignment review, a Security Appeal Panel shall convene not later than 120 days of an appeal being filed. (3) Entry-level bidding process \nThe Department shall include a description of the assignment review process and critical human intelligence threat posts in a briefing to new officers as part of their entry-level bidding process. (4) Point of contact \nThe Department shall designate point of contacts in the Bureau of Diplomatic Security and Bureau of Global Talent Management to answer employee and Career Development Officer questions about assignment restrictions, assignment reviews, and preclusions.", "id": "id3282a6c4100c4a77bf59747d2b5f2524", "header": "Adjudication of ongoing assignment reviews", "nested": [], "links": [] }, { "text": "(e) Security appeal panel \nNot later than 90 days after the date of the enactment of this Act, the Security Appeal Panel shall be comprised of— (1) the head of an office responsible for human resources or discrimination who reports directly to the Secretary; (2) the Principal Deputy Assistant Secretary for the Bureau of Global Talent Management; (3) the Principal Deputy Assistant Secretary for the Bureau of Intelligence and Research; (4) an Assistant Secretary or Deputy, or equivalent, from a third bureau as designated by the Under Secretary for Management; (5) a representative from the geographic bureau to which the restriction applies; and (6) a representative from the Office of the Legal Adviser and a representative from the Bureau of Diplomatic Security, who shall serve as non-voting advisors.", "id": "id941cbbabd49747de986ebfa92b2c3bfe", "header": "Security appeal panel", "nested": [], "links": [] }, { "text": "(f) Appeal rights \nSection 414(a) of the Department of State Authorities Act, Fiscal Year 2017 ( 22 U.S.C. 2734c(a) ) is amended by striking the first two sentences and inserting The Secretary shall establish and maintain a right and process for employees to appeal a decision related to an assignment, based on a restriction, review, or preclusion. Such right and process shall ensure that any such employee shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance..", "id": "id4ad6008c4c5a49069d364dffe8c93f6a", "header": "Appeal rights", "nested": [], "links": [ { "text": "22 U.S.C. 2734c(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2734c" } ] }, { "text": "(g) FAM update \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall amend all relevant provisions of the Foreign Service Manual, and any associated or related policies of the Department, to comply with this section.", "id": "idd6e34b02ca694a79bd81a79839fa495a", "header": "FAM update", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2734c(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2734c" } ] }, { "text": "6109. Suitability reviews for Foreign Service Institute instructors \nThe Secretary shall ensure that all instructors at the Foreign Service Institute, including direct hires and contractors, who provide language instruction are— (1) subject to suitability reviews and background investigations; and (2) subject to continuous vetting or reinvestigations to the extend consistent with Department and Executive policy for other Department personnel.", "id": "id4f66597da1114f12b48cff20aaf4cfe7", "header": "Suitability reviews for Foreign Service Institute instructors", "nested": [], "links": [] }, { "text": "6110. Diplomatic security fellowship programs \n(a) In general \nSection 47 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2719 ) is amended— (1) by striking The Secretary and inserting the following: (a) In general \nThe Secretary ; and (2) by adding at the end the following new subsection: (b) Diplomatic security fellowship programs \n(1) Establishment \nThe Secretary of State, working through the Assistant Secretary for Diplomatic Security, is authorized to establish Diplomatic Security fellowship programs to provide grants to United States nationals pursuing undergraduate studies who commit to pursuing a career as a special agent, security engineering officer, or in the civil service in the Bureau of Diplomatic Security. (2) Rulemaking \nThe Secretary is authorized to promulgate regulations for the administration of Diplomatic Security fellowship programs that set forth— (A) the eligibility requirements for receiving a grant under this subsection; (B) the process by which eligible applicants may request such a grant; (C) the maximum amount of such a grant; and (D) the educational progress to which all grant recipients are obligated.. (b) Authorization of appropriations \nThere is authorized to be appropriated $2,000,000 for each of fiscal years 2024 through 2028 to carry out this section.", "id": "id2f91621d3fef45a8b1c8f808e2c25011", "header": "Diplomatic security fellowship programs", "nested": [ { "text": "(a) In general \nSection 47 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2719 ) is amended— (1) by striking The Secretary and inserting the following: (a) In general \nThe Secretary ; and (2) by adding at the end the following new subsection: (b) Diplomatic security fellowship programs \n(1) Establishment \nThe Secretary of State, working through the Assistant Secretary for Diplomatic Security, is authorized to establish Diplomatic Security fellowship programs to provide grants to United States nationals pursuing undergraduate studies who commit to pursuing a career as a special agent, security engineering officer, or in the civil service in the Bureau of Diplomatic Security. (2) Rulemaking \nThe Secretary is authorized to promulgate regulations for the administration of Diplomatic Security fellowship programs that set forth— (A) the eligibility requirements for receiving a grant under this subsection; (B) the process by which eligible applicants may request such a grant; (C) the maximum amount of such a grant; and (D) the educational progress to which all grant recipients are obligated..", "id": "idfe465d9f0d754fb0921115fa51fd2d04", "header": "In general", "nested": [], "links": [ { "text": "22 U.S.C. 2719", "legal-doc": "usc", "parsable-cite": "usc/22/2719" } ] }, { "text": "(b) Authorization of appropriations \nThere is authorized to be appropriated $2,000,000 for each of fiscal years 2024 through 2028 to carry out this section.", "id": "ida48ba76a781b4c408af188fae0fcbfb5", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2719", "legal-doc": "usc", "parsable-cite": "usc/22/2719" } ] }, { "text": "6201. Adjustment to promotion precepts \nSection 603(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4003(b) ) is amended— (1) by redesignating paragraph (2), (3), and (4) as paragraphs (7), (8), and (9), respectively; and (2) by inserting after paragraph (1) the following new paragraphs: (2) experience serving at an international organization, multilateral institution, or engaging in multinational negotiations; (3) willingness to serve in hardship posts overseas or across geographically distinct regions; (4) experience advancing policies or developing expertise that enhance the United States’ competitiveness with regard to critical and emerging technologies; (5) willingness to participate in appropriate and relevant professional development opportunities offered by the Foreign Service Institute or other educational institutions associated with the Department; (6) willingness to enable and encourage subordinates at various levels to avail themselves of appropriate and relevant professional development opportunities offered by the Foreign Service Institute or other educational institutions associated with the Department;.", "id": "idac5379b51be7448d8481211f3ffa02a9", "header": "Adjustment to promotion precepts", "nested": [], "links": [ { "text": "22 U.S.C. 4003(b)", "legal-doc": "usc", "parsable-cite": "usc/22/4003" } ] }, { "text": "6202. Hiring authorities \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the Department should possess hiring authorities to enable recruitment of individuals representative of the nation with special skills needed to address 21st century diplomacy challenges; and (2) the Secretary shall conduct a survey of hiring authorities held by the Department to identify— (A) hiring authorities already authorized by Congress; (B) others authorities granted through Presidential decree or executive order; and (C) any authorities needed to enable recruitment of individuals with the special skills described in paragraph (1). (b) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report that includes a description of all existing hiring authorities and legislative proposals on any new needed authorities. (c) Special hiring authority \nFor an initial period of not more than 3 years after the date of the enactment of this Act, the Secretary may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, up to 80 candidates directly to positions in the competitive service at the Department, as defined in section 2102 of that title, in the following occupational series: 25 candidates under 1560 Data Science, 25 candidates under 2210 Information Technology Management, and 30 candidates under 0201 Human Resources Management.", "id": "id4c3695851d614b19b6355683e41833ee", "header": "Hiring authorities", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that— (1) the Department should possess hiring authorities to enable recruitment of individuals representative of the nation with special skills needed to address 21st century diplomacy challenges; and (2) the Secretary shall conduct a survey of hiring authorities held by the Department to identify— (A) hiring authorities already authorized by Congress; (B) others authorities granted through Presidential decree or executive order; and (C) any authorities needed to enable recruitment of individuals with the special skills described in paragraph (1).", "id": "idf174010993d14f219b8023e05c09928b", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report that includes a description of all existing hiring authorities and legislative proposals on any new needed authorities.", "id": "idfb49e90653714f4392a4b28903732c8e", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Special hiring authority \nFor an initial period of not more than 3 years after the date of the enactment of this Act, the Secretary may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, up to 80 candidates directly to positions in the competitive service at the Department, as defined in section 2102 of that title, in the following occupational series: 25 candidates under 1560 Data Science, 25 candidates under 2210 Information Technology Management, and 30 candidates under 0201 Human Resources Management.", "id": "id88dfe5c4b6f04e1ebc5dad32292d8af1", "header": "Special hiring authority", "nested": [], "links": [ { "text": "section 2102", "legal-doc": "usc", "parsable-cite": "usc/26/2102" } ] } ], "links": [ { "text": "section 2102", "legal-doc": "usc", "parsable-cite": "usc/26/2102" } ] }, { "text": "6203. Extending paths to service for paid student interns \nFor up to 2 years following the end of a compensated internship at the Department, the Department may offer employment to up to 25 such interns and appoint them directly to positions in the competitive service, as defined in section 2102 of title 5, United States Code, without regard to the provisions of sections 3309 through 3318 of such title.", "id": "ida78c6e4cad7d4d638bf9506f63c4ae50", "header": "Extending paths to service for paid student interns", "nested": [], "links": [] }, { "text": "6204. Lateral Entry Program \n(a) In general \nSection 404 of the Department of State Authorities Act, Fiscal Year 2017 ( Public Law 114–323 ; 130 Stat. 1928) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking 3-year and inserting 5-year ; (B) in paragraph (5), by striking ; and ; (C) in paragraph (6), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following new paragraphs: (7) does not include the use of Foreign Service-Limited or other noncareer Foreign Service hiring authorities; and (8) includes not fewer than 30 participants for each year of the pilot program. ; and (2) by adding at the end the following new subsection: (e) Certification \nIf the Secretary does not commence the lateral entry program within 180 days after the date of the enactment of this subsection, the Secretary shall submit a report to the appropriate congressional committees— (1) certifying that progress is being made on implementation of the pilot program and describing such progress, including the date on which applicants will be able to apply; (2) estimating the date by which the pilot program will be fully implemented; (3) outlining how the Department will use the Lateral Entry Program to fill needed skill sets in key areas such as cyberspace, emerging technologies, economic statecraft, multilateral diplomacy, and data and other sciences..", "id": "id032c8de7b4f14b6ea1d1943e0fc04829", "header": "Lateral Entry Program", "nested": [ { "text": "(a) In general \nSection 404 of the Department of State Authorities Act, Fiscal Year 2017 ( Public Law 114–323 ; 130 Stat. 1928) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking 3-year and inserting 5-year ; (B) in paragraph (5), by striking ; and ; (C) in paragraph (6), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following new paragraphs: (7) does not include the use of Foreign Service-Limited or other noncareer Foreign Service hiring authorities; and (8) includes not fewer than 30 participants for each year of the pilot program. ; and (2) by adding at the end the following new subsection: (e) Certification \nIf the Secretary does not commence the lateral entry program within 180 days after the date of the enactment of this subsection, the Secretary shall submit a report to the appropriate congressional committees— (1) certifying that progress is being made on implementation of the pilot program and describing such progress, including the date on which applicants will be able to apply; (2) estimating the date by which the pilot program will be fully implemented; (3) outlining how the Department will use the Lateral Entry Program to fill needed skill sets in key areas such as cyberspace, emerging technologies, economic statecraft, multilateral diplomacy, and data and other sciences..", "id": "id99a13c296e1546e2983b208cbdb1e496", "header": "In general", "nested": [], "links": [ { "text": "Public Law 114–323", "legal-doc": "public-law", "parsable-cite": "pl/114/323" } ] } ], "links": [ { "text": "Public Law 114–323", "legal-doc": "public-law", "parsable-cite": "pl/114/323" } ] }, { "text": "6205. Mid-Career Mentoring Program \n(a) Authorization \nThe Secretary, in collaboration with the Director of the Foreign Service Institute, is authorized to establish a Mid-Career Mentoring Program (referred to in this section as the Program ) for employees who have demonstrated outstanding service and leadership. (b) Selection \n(1) Nominations \nThe head of each bureau shall semiannually nominate participants for the Program from a pool of applicants in the positions described in paragraph (2)(B), including from posts both domestically and abroad. (2) Submission of slate of nominees to Secretary \nThe Director of the Foreign Service Institute, in consultation with the Director General of the Foreign Service, shall semiannually— (A) vet the nominees most recently nominated pursuant to paragraph (1); and (B) submit to the Secretary a slate of applicants to participate in the Program, who shall consist of at least— (i) 10 Foreign Service Officers and specialists classified at the FS–03 or FS–04 level of the Foreign Service Salary Schedule; (ii) 10 Civil Service employees classified at GS–12 or GS–13 of the General Schedule; and (iii) 5 Foreign Service Officers from the United States Agency for International Development. (3) Final selection \nThe Secretary shall select the applicants who will be invited to participate in the Program from the slate received pursuant to paragraph (2)(B) and extend such an invitation to each selected applicant. (4) Merit principles \nSection 105 of the Foreign Service Act of 1980 ( 22 U.S.C. 3905 ) shall apply to nominations, submissions to the Secretary, and selections for the Program under this section. (c) Program sessions \n(1) Frequency; duration \nAll of the participants who accept invitations extended pursuant to subsection (b)(3) shall meet 3 to 4 times per year for training sessions with high-level leaders of the Department and USAID, including private group meetings with the Secretary and the Administrator of the United States Agency for International Development. (2) Themes \nEach session referred to in paragraph (1) shall focus on specific themes developed jointly by the Foreign Service Institute and the Executive Secretariat focused on substantive policy issues and leadership practices. (d) Mentoring program \nThe Secretary and the Administrator each is authorized to establish a mentoring and coaching program that pairs a senior leader of the Department or USAID with each of the program participants who complete the Program during the 1-year period immediately following their participation in the Program. (e) Annual report \nNot later than one year after the date of the enactment of this Act, and annually thereafter for three years, the Secretary shall submit a report to the appropriate congressional committees that describes the activities of the Program during the most recent year and includes disaggregated demographic data on participants in the Program.", "id": "id016ce2de4d7c43f6b85778bd7ec26f73", "header": "Mid-Career Mentoring Program", "nested": [ { "text": "(a) Authorization \nThe Secretary, in collaboration with the Director of the Foreign Service Institute, is authorized to establish a Mid-Career Mentoring Program (referred to in this section as the Program ) for employees who have demonstrated outstanding service and leadership.", "id": "idd9f9f41a9f40469ead179308e33eb27c", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Selection \n(1) Nominations \nThe head of each bureau shall semiannually nominate participants for the Program from a pool of applicants in the positions described in paragraph (2)(B), including from posts both domestically and abroad. (2) Submission of slate of nominees to Secretary \nThe Director of the Foreign Service Institute, in consultation with the Director General of the Foreign Service, shall semiannually— (A) vet the nominees most recently nominated pursuant to paragraph (1); and (B) submit to the Secretary a slate of applicants to participate in the Program, who shall consist of at least— (i) 10 Foreign Service Officers and specialists classified at the FS–03 or FS–04 level of the Foreign Service Salary Schedule; (ii) 10 Civil Service employees classified at GS–12 or GS–13 of the General Schedule; and (iii) 5 Foreign Service Officers from the United States Agency for International Development. (3) Final selection \nThe Secretary shall select the applicants who will be invited to participate in the Program from the slate received pursuant to paragraph (2)(B) and extend such an invitation to each selected applicant. (4) Merit principles \nSection 105 of the Foreign Service Act of 1980 ( 22 U.S.C. 3905 ) shall apply to nominations, submissions to the Secretary, and selections for the Program under this section.", "id": "idb91ee8ff20e5461192e83d3d99898fce", "header": "Selection", "nested": [], "links": [ { "text": "22 U.S.C. 3905", "legal-doc": "usc", "parsable-cite": "usc/22/3905" } ] }, { "text": "(c) Program sessions \n(1) Frequency; duration \nAll of the participants who accept invitations extended pursuant to subsection (b)(3) shall meet 3 to 4 times per year for training sessions with high-level leaders of the Department and USAID, including private group meetings with the Secretary and the Administrator of the United States Agency for International Development. (2) Themes \nEach session referred to in paragraph (1) shall focus on specific themes developed jointly by the Foreign Service Institute and the Executive Secretariat focused on substantive policy issues and leadership practices.", "id": "id03c059a7194144869cc9de6b1c12b2fa", "header": "Program sessions", "nested": [], "links": [] }, { "text": "(d) Mentoring program \nThe Secretary and the Administrator each is authorized to establish a mentoring and coaching program that pairs a senior leader of the Department or USAID with each of the program participants who complete the Program during the 1-year period immediately following their participation in the Program.", "id": "id8db3a7607af04c1db6e4162e859aa102", "header": "Mentoring program", "nested": [], "links": [] }, { "text": "(e) Annual report \nNot later than one year after the date of the enactment of this Act, and annually thereafter for three years, the Secretary shall submit a report to the appropriate congressional committees that describes the activities of the Program during the most recent year and includes disaggregated demographic data on participants in the Program.", "id": "idd4069ab3cc2045a88202d3b66347cca9", "header": "Annual report", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 3905", "legal-doc": "usc", "parsable-cite": "usc/22/3905" } ] }, { "text": "6206. Report on the Foreign Service Institute’s language program \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes— (1) the average pass and fail rates for language programs at the Foreign Service Institute disaggregated by language during the 5-year period immediately preceding the date of the enactment of this Act; (2) the number of language instructors at the Foreign Service Institute, and a comparison of the instructor/student ratio in the language programs at the Foreign Service Institute disaggregated by language; (3) salaries for language instructors disaggregated by language, and a comparison to salaries for instructors teaching languages in comparable employment; (4) recruitment and retention plans for language instructors, disaggregated by language where necessary and practicable; and (5) any plans to increase pass rates for languages with high failure rates.", "id": "id70b7b5582f044dc7a6515113c5bd1735", "header": "Report on the Foreign Service Institute’s language program", "nested": [], "links": [] }, { "text": "6207. Consideration of career civil servants as chiefs of missions \nSection 304(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3944 ) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: (2) The Secretary shall also furnish to the President, on an annual basis and to assist the President in selecting qualified candidates for appointments or assignments as chief of mission, the names of between 5 and 10 career civil servants serving at the Department of State or the United States Agency for International Development who are qualified to serve as chiefs of mission, together with pertinent information about such individuals..", "id": "idbc80b9670e76406ab2143b5217a824fb", "header": "Consideration of career civil servants as chiefs of missions", "nested": [], "links": [ { "text": "22 U.S.C. 3944", "legal-doc": "usc", "parsable-cite": "usc/22/3944" } ] }, { "text": "6208. Civil service rotational program \n(a) Establishment of pilot rotational program for civil service \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall establish a program to provide qualified civil servants serving at the Department an opportunity to serve at a United States embassy, including identifying criteria and an application process for such program. (b) Program \nThe program established under this section shall— (1) provide at least 20 career civil servants the opportunity to serve for 2 to 3 years at a United States embassy to gain additional skills and experience; (2) offer such civil servants the opportunity to serve in a political or economic section at a United States embassy; and (3) include clear and transparent criteria for eligibility and selection, which shall include a minimum of 5 years of service at the Department. (c) Subsequent position and promotion \nFollowing a rotation at a United States embassy pursuant to the program established by this section, participants in the program must be afforded, at minimum, a position equivalent in seniority, compensation, and responsibility to the position occupied prior serving in the program. Successful completion of a rotation at a United States embassy shall be considered favorably with regard to applications for promotion in civil service jobs at the Department. (d) Implementation \nNot later than 2 years after the date of the enactment of this Act, the Secretary shall identify not less than 20 positions in United States embassies for the program established under this section and offered at least 20 civil servants the opportunity to serve in a rotation at a United States embassy pursuant to this section.", "id": "idd1b9a7f302a94ced995e148dc02e59b8", "header": "Civil service rotational program", "nested": [ { "text": "(a) Establishment of pilot rotational program for civil service \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall establish a program to provide qualified civil servants serving at the Department an opportunity to serve at a United States embassy, including identifying criteria and an application process for such program.", "id": "iddd04fa775f354827a34ec5472bd39d72", "header": "Establishment of pilot rotational program for civil service", "nested": [], "links": [] }, { "text": "(b) Program \nThe program established under this section shall— (1) provide at least 20 career civil servants the opportunity to serve for 2 to 3 years at a United States embassy to gain additional skills and experience; (2) offer such civil servants the opportunity to serve in a political or economic section at a United States embassy; and (3) include clear and transparent criteria for eligibility and selection, which shall include a minimum of 5 years of service at the Department.", "id": "idc83910b35ac44883bb8884febbd14dee", "header": "Program", "nested": [], "links": [] }, { "text": "(c) Subsequent position and promotion \nFollowing a rotation at a United States embassy pursuant to the program established by this section, participants in the program must be afforded, at minimum, a position equivalent in seniority, compensation, and responsibility to the position occupied prior serving in the program. Successful completion of a rotation at a United States embassy shall be considered favorably with regard to applications for promotion in civil service jobs at the Department.", "id": "id15edf1016f1f419c8acc5c518551ba60", "header": "Subsequent position and promotion", "nested": [], "links": [] }, { "text": "(d) Implementation \nNot later than 2 years after the date of the enactment of this Act, the Secretary shall identify not less than 20 positions in United States embassies for the program established under this section and offered at least 20 civil servants the opportunity to serve in a rotation at a United States embassy pursuant to this section.", "id": "id20508de865704ef6bfec9d6abc73856d", "header": "Implementation", "nested": [], "links": [] } ], "links": [] }, { "text": "6209. Reporting requirement on chiefs of mission \nNot later than 30 days following the end of each calendar quarter, the Secretary shall submit to the appropriate congressional committees— (1) a list of every chief of mission or United States representative overseas with the rank of Ambassador who, during the prior quarter, was outside a country of assignment for more than 14 cumulative days for purposes other than official travel or temporary duty orders; and (2) the number of days each such chief of mission or United States representative overseas with the rank of Ambassador was outside a country of assignment during the previous quarter for purposes other than official travel or temporary duty orders.", "id": "idd7c23048ded046e89b1708219d94eacb", "header": "Reporting requirement on chiefs of mission", "nested": [], "links": [] }, { "text": "6210. Report on chiefs of mission and deputy chiefs of mission \nNot later than April 1, 2024, and annually thereafter for the next 4 years, the Secretary shall submit to the appropriate congressional committees a report that includes— (1) the Foreign Service cone of each current chief of mission and deputy chief of mission (or whoever is acting in the capacity of chief or deputy chief if neither is present) for each United States embassy at which there is a Foreign Service office filling either of those positions; and (2) aggregated data for all chiefs of mission and deputy chiefs of mission described in paragraph (1), disaggregated by cone.", "id": "id1d81c171febc46d0ba8d5c3c8d2c5805", "header": "Report on chiefs of mission and deputy chiefs of mission", "nested": [], "links": [] }, { "text": "6211. Protection of retirement annuity for reemployment by Department \n(a) No termination or reduction of retirement annuity or pay for reemployment \nNotwithstanding section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ), if a covered annuitant becomes employed by the Department— (1) the payment of any retirement annuity, retired pay, or retainer pay otherwise payable to the covered annuitant shall not terminate; and (2) the amount of the retirement annuity, retired pay, or retainer pay otherwise payable to the covered annuitant shall not be reduced. (b) Covered annuitant defined \nIn this section, the term covered annuitant means any individual who is receiving a retirement annuity under— (1) the Foreign Service Retirement and Disability System under subchapter I of chapter 8 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 4041 et seq. ); or (2) the Foreign Service Pension System under subchapter II of such chapter ( 22 U.S.C. 4071 et seq. ).", "id": "idd2ed821326084bf687530d7b8dfc1e27", "header": "Protection of retirement annuity for reemployment by Department", "nested": [ { "text": "(a) No termination or reduction of retirement annuity or pay for reemployment \nNotwithstanding section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ), if a covered annuitant becomes employed by the Department— (1) the payment of any retirement annuity, retired pay, or retainer pay otherwise payable to the covered annuitant shall not terminate; and (2) the amount of the retirement annuity, retired pay, or retainer pay otherwise payable to the covered annuitant shall not be reduced.", "id": "id2e1a2268df9b47e7ba1512a8f25fd8d8", "header": "No termination or reduction of retirement annuity or pay for reemployment", "nested": [], "links": [ { "text": "22 U.S.C. 4064", "legal-doc": "usc", "parsable-cite": "usc/22/4064" } ] }, { "text": "(b) Covered annuitant defined \nIn this section, the term covered annuitant means any individual who is receiving a retirement annuity under— (1) the Foreign Service Retirement and Disability System under subchapter I of chapter 8 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 4041 et seq. ); or (2) the Foreign Service Pension System under subchapter II of such chapter ( 22 U.S.C. 4071 et seq. ).", "id": "id6e138e32dc2041a188796986185df637", "header": "Covered annuitant defined", "nested": [], "links": [ { "text": "22 U.S.C. 4041 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/4041" }, { "text": "22 U.S.C. 4071 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/4071" } ] } ], "links": [ { "text": "22 U.S.C. 4064", "legal-doc": "usc", "parsable-cite": "usc/22/4064" }, { "text": "22 U.S.C. 4041 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/4041" }, { "text": "22 U.S.C. 4071 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/4071" } ] }, { "text": "6212. Efforts to improve retention and prevent retaliation \n(a) Streamlined reporting \nNot later than one year after the date of the enactment of this Act, the Secretary shall establish a single point of initial reporting for allegations of discrimination, bullying, and harassment that provides an initial review of the allegations and, if necessary, the ability to file multiple claims based on a single complaint. (b) Climate surveys of employees of the Department \n(1) Required biennial surveys \nNot later than 180 days after the date of the enactment of this Act and every 2 years thereafter, the Secretary shall conduct a Department-wide survey of all Department personnel regarding harassment, discrimination, bullying, and related retaliation that includes workforce perspectives on the accessibility and effectiveness of the Bureau of Global Talent Management and Office of Civil Rights in the efforts and processes to address these issues. (2) Required annual surveys \n(A) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall conduct an annual employee satisfaction survey to assess the level of job satisfaction, work environment, and overall employee experience within the Department. (B) Open-ended responses \nThe survey required under subparagraph (A) shall include options for open-ended responses. (C) Survey questions \nThe survey shall include questions regarding— (i) work-life balance; (ii) compensation and benefits; (iii) career development opportunities; (iv) the performance evaluation and promotion process, including fairness and transparency; (v) communication channels and effectiveness; (vi) leadership and management; (vii) organizational culture; (viii) awareness and effectiveness of complaint measures; (ix) accessibility and accommodations; (x) availability of transportation to and from a work station; (xi) information technology infrastructure functionality and accessibility; (xii) the employee’s understanding of the Department’s structure, mission, and goals; (xiii) alignment and relevance of work to the Department’s mission; and (xiv) sense of empowerment to affect positive change. (3) Required exit surveys \n(A) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall develop and implement a standardized, confidential exit survey process that includes anonymous feedback and exit interviews with employees who voluntarily separate from the Department, whether through resignation, retirement, or other means. (B) Scope \nThe exit surveys conducted pursuant to subparagraph (A)shall— (i) be designed to gather insights and feedback from departing employees regarding— (I) their reasons for leaving, including caretaking responsibilities, career limitations for partner or spouse, and discrimination, harassment, bullying, or retaliation; (II) their overall experience with the Department; and (III) any suggestions for improvement; and (ii) include questions related to— (I) the employee’s reasons for leaving; (II) job satisfaction; (III) work environment; (IV) professional growth opportunities; (V) leadership effectiveness; (VI) suggestions for enhancing the Department’s performance; and (VII) if applicable, the name and industry of the employee’s future employer. (C) Compilation of results \nThe Secretary shall compile and analyze the anonymized exit survey data collected pursuant to this paragraph to identify trends, common themes, and areas needing improvement within the Department. (4) Pilot surveys \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall conduct a Department-wide survey for Locally Employed Staff regarding retention, training, promotion, and other matters, including harassment, discrimination, bullying, and related retaliation, that includes workforce perspectives on the accessibility and effectiveness of complaint measures. (5) Report \nNot later than 60 days after the conclusion of each survey conducted pursuant to this subsection, the Secretary shall make the key findings available to the Department workforce and shall submit them to the appropriate congressional committees. (c) Retaliation prevention efforts \n(1) Employee evaluation \n(A) In general \nIf there is a pending investigation of discrimination, bullying, or harassment against a superior who is responsible for rating or reviewing the complainant employee, the complainant shall be reviewed by the superior’s supervisor. (B) Effective date \nThis paragraph shall take effect 90 days after the date of the enactment of this Act. (2) Retaliation prevention guidance \nAny Department employee against whom an allegation of discrimination, bullying, or harassment has been made shall receive written guidance (a retaliation hold ) on the types of actions that can be considered retaliation against the complainant employee. The employee’s immediate supervisor shall also receive the retaliation hold guidance.", "id": "id46f8cff8aafc44a28afdab497f8fff67", "header": "Efforts to improve retention and prevent retaliation", "nested": [ { "text": "(a) Streamlined reporting \nNot later than one year after the date of the enactment of this Act, the Secretary shall establish a single point of initial reporting for allegations of discrimination, bullying, and harassment that provides an initial review of the allegations and, if necessary, the ability to file multiple claims based on a single complaint.", "id": "id387756e94e8d4691a39efd897fb6c138", "header": "Streamlined reporting", "nested": [], "links": [] }, { "text": "(b) Climate surveys of employees of the Department \n(1) Required biennial surveys \nNot later than 180 days after the date of the enactment of this Act and every 2 years thereafter, the Secretary shall conduct a Department-wide survey of all Department personnel regarding harassment, discrimination, bullying, and related retaliation that includes workforce perspectives on the accessibility and effectiveness of the Bureau of Global Talent Management and Office of Civil Rights in the efforts and processes to address these issues. (2) Required annual surveys \n(A) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall conduct an annual employee satisfaction survey to assess the level of job satisfaction, work environment, and overall employee experience within the Department. (B) Open-ended responses \nThe survey required under subparagraph (A) shall include options for open-ended responses. (C) Survey questions \nThe survey shall include questions regarding— (i) work-life balance; (ii) compensation and benefits; (iii) career development opportunities; (iv) the performance evaluation and promotion process, including fairness and transparency; (v) communication channels and effectiveness; (vi) leadership and management; (vii) organizational culture; (viii) awareness and effectiveness of complaint measures; (ix) accessibility and accommodations; (x) availability of transportation to and from a work station; (xi) information technology infrastructure functionality and accessibility; (xii) the employee’s understanding of the Department’s structure, mission, and goals; (xiii) alignment and relevance of work to the Department’s mission; and (xiv) sense of empowerment to affect positive change. (3) Required exit surveys \n(A) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall develop and implement a standardized, confidential exit survey process that includes anonymous feedback and exit interviews with employees who voluntarily separate from the Department, whether through resignation, retirement, or other means. (B) Scope \nThe exit surveys conducted pursuant to subparagraph (A)shall— (i) be designed to gather insights and feedback from departing employees regarding— (I) their reasons for leaving, including caretaking responsibilities, career limitations for partner or spouse, and discrimination, harassment, bullying, or retaliation; (II) their overall experience with the Department; and (III) any suggestions for improvement; and (ii) include questions related to— (I) the employee’s reasons for leaving; (II) job satisfaction; (III) work environment; (IV) professional growth opportunities; (V) leadership effectiveness; (VI) suggestions for enhancing the Department’s performance; and (VII) if applicable, the name and industry of the employee’s future employer. (C) Compilation of results \nThe Secretary shall compile and analyze the anonymized exit survey data collected pursuant to this paragraph to identify trends, common themes, and areas needing improvement within the Department. (4) Pilot surveys \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall conduct a Department-wide survey for Locally Employed Staff regarding retention, training, promotion, and other matters, including harassment, discrimination, bullying, and related retaliation, that includes workforce perspectives on the accessibility and effectiveness of complaint measures. (5) Report \nNot later than 60 days after the conclusion of each survey conducted pursuant to this subsection, the Secretary shall make the key findings available to the Department workforce and shall submit them to the appropriate congressional committees.", "id": "ida9d5f0d7c8f84b2a96102851b7167855", "header": "Climate surveys of employees of the Department", "nested": [], "links": [] }, { "text": "(c) Retaliation prevention efforts \n(1) Employee evaluation \n(A) In general \nIf there is a pending investigation of discrimination, bullying, or harassment against a superior who is responsible for rating or reviewing the complainant employee, the complainant shall be reviewed by the superior’s supervisor. (B) Effective date \nThis paragraph shall take effect 90 days after the date of the enactment of this Act. (2) Retaliation prevention guidance \nAny Department employee against whom an allegation of discrimination, bullying, or harassment has been made shall receive written guidance (a retaliation hold ) on the types of actions that can be considered retaliation against the complainant employee. The employee’s immediate supervisor shall also receive the retaliation hold guidance.", "id": "id3aab1ab79d9a44fd941f589cea23890c", "header": "Retaliation prevention efforts", "nested": [], "links": [] } ], "links": [] }, { "text": "6213. National advertising campaign \nNot later than 270 days after the date of the enactment of this Act, the Secretary shall submit a strategy to the appropriate congressional committees that assesses the potential benefits and costs of a national advertising campaign to improve the recruitment in the Civil Service and the Foreign Service by raising public awareness of the important accomplishments of the Department.", "id": "ide3791fba9949470ca28040bd63046dc5", "header": "National advertising campaign", "nested": [], "links": [] }, { "text": "6214. Expansion of diplomats in residence programs \nNot later than two years after the date of the enactment of this Act— (1) the Secretary is authorized to increase the number of diplomats in the Diplomats in Residence Program from 17 to at least 20; and (2) the Administrator of the United States Agency for International Development is authorized to increase the number of development diplomats in the Diplomats in Residence Program from 1 to at least 3.", "id": "id14e46b8552cb457a85bb9480e90fd794", "header": "Expansion of diplomats in residence programs", "nested": [], "links": [] }, { "text": "6221. Education allowance \n(a) In general \nChapter 9 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 4081 et seq. ) is amended by adding at the end the following new section: 908. Education allowance \nA Department employee who is on leave to perform service in the uniformed services (as defined in section 4303(13) of title 38, United States Code) may receive an education allowance if the employee would, if not for such service, be eligible to receive the education allowance.. (b) Clerical amendment \nThe table of contents in section 2 of the Foreign Service Act of 1980 ( 22 U.S.C. 3901 note) is amended by inserting after the item relating to section 907 the following: Sec. 908. Education allowance.", "id": "id1f7672de41194267adc314ec53de082c", "header": "Education allowance", "nested": [ { "text": "(a) In general \nChapter 9 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 4081 et seq. ) is amended by adding at the end the following new section: 908. Education allowance \nA Department employee who is on leave to perform service in the uniformed services (as defined in section 4303(13) of title 38, United States Code) may receive an education allowance if the employee would, if not for such service, be eligible to receive the education allowance..", "id": "id67d31134ad4d45aca8d4aa0813e7a17a", "header": "In general", "nested": [], "links": [ { "text": "22 U.S.C. 4081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/4081" } ] }, { "text": "(b) Clerical amendment \nThe table of contents in section 2 of the Foreign Service Act of 1980 ( 22 U.S.C. 3901 note) is amended by inserting after the item relating to section 907 the following: Sec. 908. Education allowance.", "id": "id83BA899431294E3FBBC7F577D4A14737", "header": "Clerical amendment", "nested": [], "links": [ { "text": "22 U.S.C. 3901", "legal-doc": "usc", "parsable-cite": "usc/22/3901" } ] } ], "links": [ { "text": "22 U.S.C. 4081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/4081" }, { "text": "22 U.S.C. 3901", "legal-doc": "usc", "parsable-cite": "usc/22/3901" } ] }, { "text": "908. Education allowance \nA Department employee who is on leave to perform service in the uniformed services (as defined in section 4303(13) of title 38, United States Code) may receive an education allowance if the employee would, if not for such service, be eligible to receive the education allowance.", "id": "id401FE9349BFC4824A4C2CA16C8482124", "header": "Education allowance", "nested": [], "links": [] }, { "text": "6222. Per diem allowance for newly hired members of the Foreign Service \n(a) Per diem allowance \n(1) In general \nExcept as provided in paragraph (2), any newly hired Foreign Service employee who is in initial orientation training, or any other training expected to last less than 6 months before transferring to the employee’s first assignment, in the Washington, D.C., area shall, for the duration of such training, receive a per diem allowance at the levels prescribed under subchapter I of chapter 57 of title 5, United States Code. (2) Limitation on lodging expenses \nA newly hired Foreign Service employee may not receive any lodging expenses under the applicable per diem allowance pursuant to paragraph (1) if that employee— (A) has a permanent residence in the Washington, D.C., area (not including Government-supplied housing during such orientation training or other training); and (B) does not vacate such residence during such orientation training or other training. (b) Definitions \nIn this section— (1) the term per diem allowance has the meaning given that term under section 5701 of title 5, United States Code; and (2) the term Washington, D.C., area means the geographic area within a 50 mile radius of the Washington Monument.", "id": "id7ca9ba6eb35245a88ad50d9181f92ec3", "header": "Per diem allowance for newly hired members of the Foreign Service", "nested": [ { "text": "(a) Per diem allowance \n(1) In general \nExcept as provided in paragraph (2), any newly hired Foreign Service employee who is in initial orientation training, or any other training expected to last less than 6 months before transferring to the employee’s first assignment, in the Washington, D.C., area shall, for the duration of such training, receive a per diem allowance at the levels prescribed under subchapter I of chapter 57 of title 5, United States Code. (2) Limitation on lodging expenses \nA newly hired Foreign Service employee may not receive any lodging expenses under the applicable per diem allowance pursuant to paragraph (1) if that employee— (A) has a permanent residence in the Washington, D.C., area (not including Government-supplied housing during such orientation training or other training); and (B) does not vacate such residence during such orientation training or other training.", "id": "id2ba1c1de71fb46bb8ead59c3bc2ff393", "header": "Per diem allowance", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "(b) Definitions \nIn this section— (1) the term per diem allowance has the meaning given that term under section 5701 of title 5, United States Code; and (2) the term Washington, D.C., area means the geographic area within a 50 mile radius of the Washington Monument.", "id": "id1a7291275f6e45268269412f7198bd50", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "6223. Improving mental health services for foreign and civil servants \n(a) Additional personnel to address mental health \n(1) In general \nThe Secretary shall seek to increase the number of personnel within the Bureau of Medical Services to address mental health needs for both foreign and civil servants. (2) Employment targets \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall seek to employ not fewer than 15 additional personnel in the Bureau of Medical Services, compared to the number of personnel employed as of the date of the enactment of this Act. (b) Study \nThe Secretary shall conduct a study on the accessibility of mental health care providers and services available to Department personnel, including an assessment of— (1) the accessibility of mental health care providers at diplomatic posts and in the United States; (2) the accessibility of inpatient services for mental health care for Department personnel; (3) steps that may be taken to improve such accessibility; (4) the impact of the COVID–19 pandemic on the mental health of Department personnel, particularly those who served abroad between March 1, 2020, and December 31, 2022, and Locally Employed Staff, where information is available; (5) recommended steps to improve the manner in which the Department advertises mental health services to the workforce; and (6) additional authorities and resources needed to better meet the mental health needs of Department personnel. (c) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to appropriate congressional committees a report containing the findings of the study under subsection (b).", "id": "id9bf0d863da034e42aa658d319669a857", "header": "Improving mental health services for foreign and civil servants", "nested": [ { "text": "(a) Additional personnel to address mental health \n(1) In general \nThe Secretary shall seek to increase the number of personnel within the Bureau of Medical Services to address mental health needs for both foreign and civil servants. (2) Employment targets \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall seek to employ not fewer than 15 additional personnel in the Bureau of Medical Services, compared to the number of personnel employed as of the date of the enactment of this Act.", "id": "iddf88833b5fda4debb951fb81a077339d", "header": "Additional personnel to address mental health", "nested": [], "links": [] }, { "text": "(b) Study \nThe Secretary shall conduct a study on the accessibility of mental health care providers and services available to Department personnel, including an assessment of— (1) the accessibility of mental health care providers at diplomatic posts and in the United States; (2) the accessibility of inpatient services for mental health care for Department personnel; (3) steps that may be taken to improve such accessibility; (4) the impact of the COVID–19 pandemic on the mental health of Department personnel, particularly those who served abroad between March 1, 2020, and December 31, 2022, and Locally Employed Staff, where information is available; (5) recommended steps to improve the manner in which the Department advertises mental health services to the workforce; and (6) additional authorities and resources needed to better meet the mental health needs of Department personnel.", "id": "idf03844af0ae742b79e526a657ffcaae4", "header": "Study", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to appropriate congressional committees a report containing the findings of the study under subsection (b).", "id": "idee5b00f3c08b400da784783afa953a25", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "6224. Emergency back-up care \n(a) In general \nThe Secretary and the Administrator for the United States Agency for International Development are authorized to provide for unanticipated non-medical care, including childcare, eldercare, and essential services directly related to caring for an acute injury or illness, for USAID and Department employees and their family members, including through the provision of such non-medical services, referrals to care providers, and reimbursement of reasonable expenses for such services. (b) Limitation \nServices provided pursuant to this section shall not exceed $2,000,000 per fiscal year.", "id": "id5068b64c897547e3a525264b3c4f4bae", "header": "Emergency back-up care", "nested": [ { "text": "(a) In general \nThe Secretary and the Administrator for the United States Agency for International Development are authorized to provide for unanticipated non-medical care, including childcare, eldercare, and essential services directly related to caring for an acute injury or illness, for USAID and Department employees and their family members, including through the provision of such non-medical services, referrals to care providers, and reimbursement of reasonable expenses for such services.", "id": "idd9c4ee9df5d8449f8e01fd86a30cb328", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Limitation \nServices provided pursuant to this section shall not exceed $2,000,000 per fiscal year.", "id": "id64cf37bd1f0d41cf8eff0218df17d6f7", "header": "Limitation", "nested": [], "links": [] } ], "links": [] }, { "text": "6225. Authority to provide services to non-chief of mission personnel \nSection 904 of the Foreign Service Act of 1980 ( 22 U.S.C. 4084 ) is amended— (1) in subsection (g), by striking abroad for employees and eligible family members and inserting under this section ; and (2) by adding at the end the following new subsection: (a) Physical and mental health care services in special circumstances \n(1) In general \nThe Secretary is authorized to direct health care providers employed under subsection (c) of this section to furnish physical and mental health care services to an individual otherwise ineligible for services under this section if necessary to preserve life or limb or if intended to facilitate an overseas evacuation, recovery, or return. Such services may be provided incidental to the following activities: (A) Activities undertaken abroad pursuant to section 3 and section 4 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2670 , 2671). (B) Recovery of hostages or of wrongfully or unlawfully detained individuals abroad, including pursuant to section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 ). (C) Secretarial dispatches to international disaster sites deployed pursuant to section 207 of the Aviation Security Improvement Act of 1990 ( 22 U.S.C. 5506 ). (D) Deployments undertaken pursuant to section 606(a)(6)(A)(iii) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a)(6)(A)(iii) ). (2) Prioritization of other functions \nThe Secretary shall prioritize the allocation of Department resources to the health care program described in subsections (a) through (g) above the functions described in paragraph (1). (3) Regulations \nThe Secretary should prescribe applicable regulations to implement this section, taking into account the prioritization in paragraph (2) and the activities described in paragraph (1). (4) Reimbursable basis \nServices rendered under this subsection shall be provided on a reimbursable basis to the extent practicable..", "id": "id8959f53759804b58b151da3132efde22", "header": "Authority to provide services to non-chief of mission personnel", "nested": [], "links": [ { "text": "22 U.S.C. 4084", "legal-doc": "usc", "parsable-cite": "usc/22/4084" }, { "text": "22 U.S.C. 2670", "legal-doc": "usc", "parsable-cite": "usc/22/2670" }, { "text": "22 U.S.C. 1741", "legal-doc": "usc", "parsable-cite": "usc/22/1741" }, { "text": "22 U.S.C. 5506", "legal-doc": "usc", "parsable-cite": "usc/22/5506" }, { "text": "22 U.S.C. 4865(a)(6)(A)(iii)", "legal-doc": "usc", "parsable-cite": "usc/22/4865" } ] }, { "text": "6226. Exception for government-financed air transportation \n(a) Reducing hardship for transportation of domestic animals \n(1) In general \nNotwithstanding subsections (a) and (c) of section 40118 of title 49, United States Code, the Department is authorized to pay for the transportation by a foreign air carrier of Department personnel and any in-cabin or accompanying checked baggage or cargo if— (A) no air carrier holding a certificate under section 41102 of such title is willing and able to transport up to 3 domestic animals accompanying such Federal personnel; and (B) the transportation is from a place— (i) outside the United States to a place in the United States; (ii) in the United States to a place outside the United States; or (iii) outside the United States to another place outside the United States. (2) Limitation \nAn amount paid pursuant to paragraph (1) for transportation by a foreign carrier may not be greater than the amount that would otherwise have been paid had the transportation been on an air carrier holding a certificate under section 41102 had that carrier been willing and able to provide such transportation. If the amount that would otherwise have been paid to such an air carrier is less than the cost of transportation on the applicable foreign carrier, the Department personnel may pay the difference of such amount. (3) Domestic animal defined \nIn this subsection, the term domestic animal means a dog or a cat.", "id": "id45b62e6358c14c538ed25238ebc0eacf", "header": "Exception for government-financed air transportation", "nested": [ { "text": "(a) Reducing hardship for transportation of domestic animals \n(1) In general \nNotwithstanding subsections (a) and (c) of section 40118 of title 49, United States Code, the Department is authorized to pay for the transportation by a foreign air carrier of Department personnel and any in-cabin or accompanying checked baggage or cargo if— (A) no air carrier holding a certificate under section 41102 of such title is willing and able to transport up to 3 domestic animals accompanying such Federal personnel; and (B) the transportation is from a place— (i) outside the United States to a place in the United States; (ii) in the United States to a place outside the United States; or (iii) outside the United States to another place outside the United States. (2) Limitation \nAn amount paid pursuant to paragraph (1) for transportation by a foreign carrier may not be greater than the amount that would otherwise have been paid had the transportation been on an air carrier holding a certificate under section 41102 had that carrier been willing and able to provide such transportation. If the amount that would otherwise have been paid to such an air carrier is less than the cost of transportation on the applicable foreign carrier, the Department personnel may pay the difference of such amount. (3) Domestic animal defined \nIn this subsection, the term domestic animal means a dog or a cat.", "id": "ida44a2c9c86ff460ba6d503687aeaa5ac", "header": "Reducing hardship for transportation of domestic animals", "nested": [], "links": [ { "text": "section 41102", "legal-doc": "usc", "parsable-cite": "usc/26/41102" } ] } ], "links": [ { "text": "section 41102", "legal-doc": "usc", "parsable-cite": "usc/26/41102" } ] }, { "text": "6227. Enhanced authorities to protect locally employed staff during emergencies \n(a) Sense of congress \nIt is the sense of Congress that— (1) locally employed staff provide essential contributions at United States diplomatic and consular posts around the world, including by providing— (A) security to United States government personnel serving in the country; (B) advice, expertise, and other services for the promotion of political, economic, public affairs, commercial, security, and other interests of critical importance to the United States; (C) a wide range of logistical and administrative support to every office in each mission working to advance United States interests around the world, including services and support vital to the upkeep and maintenance of United States missions; (D) consular services to support the welfare and well-being of United States citizens and to provide for the expeditious processing of visa applications; (E) institutional memory on a wide range of embassy engagements on bilateral issues; and (F) enduring connections to host country contacts, both inside and outside the host government, including within media, civil society, the business community, academia, the armed forces, and elsewhere; and (2) locally employed staff make important contributions that should warrant the United States Government to give due consideration for their security and safety when diplomatic missions face emergency situations. (b) Authorization to provide emergency support \nIn emergency situations, in addition to other authorities that may be available in emergencies or other exigent circumstances, the Secretary is authorized to use funds made available to the Department to provide support to ensure the safety and security of locally employed staff and their immediate family members, including for— (1) providing transport or relocating locally employed staff and their immediate family members to a safe and secure environment; (2) providing short-term housing or lodging for up to six months for locally employed staff and their immediate family members; (3) procuring or providing other essential items and services to support the safety and security of locally employed staff and their immediate family members. (c) Temporary housing \nTo ensure the safety and security of locally employed staff and their immediate family members consistent with this section, Chiefs of Missions are authorized to allow locally employed staff and their immediate family members to reside temporarily in the residences of United States direct hire employees, either in the host country or other countries, provided that such stays are offered voluntarily by United States direct hire employees. (d) Foreign affairs manual \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall amend the Foreign Affairs Manual to reflect the authorizations and requirements of this section. (e) Emergency situation defined \nIn this section, the term emergency situation means armed conflict, civil unrest, natural disaster, or other types of instability that pose a threat to the safety and security of locally employed staff, particularly when and if a United States diplomatic or consular post must suspend operations. (f) Report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report describing prior actions the Department has taken with regard to locally employed staff and their immediate family members following suspensions or closures of United States diplomatic posts over the prior 10 years, including Kyiv, Kabul, Minsk, Khartoum, and Juba. (2) Elements \nThe report required under paragraph (1) shall— (A) describe any actions the Department took to assist locally employed staff and their immediate family members; (B) identify any obstacles that made providing support or assistance to locally employed staff and their immediate family members difficult; (C) examine lessons learned and propose recommendations to better protect the safety and security of locally employed staff and their family members, including any additional authorities that may be required; and (D) provide an analysis of and offer recommendations on any other steps that could improve efforts to protect the safety and security of locally employed staff and their immediate family members.", "id": "id80b8e5f6fbec4afe8d8273fe4d45c94b", "header": "Enhanced authorities to protect locally employed staff during emergencies", "nested": [ { "text": "(a) Sense of congress \nIt is the sense of Congress that— (1) locally employed staff provide essential contributions at United States diplomatic and consular posts around the world, including by providing— (A) security to United States government personnel serving in the country; (B) advice, expertise, and other services for the promotion of political, economic, public affairs, commercial, security, and other interests of critical importance to the United States; (C) a wide range of logistical and administrative support to every office in each mission working to advance United States interests around the world, including services and support vital to the upkeep and maintenance of United States missions; (D) consular services to support the welfare and well-being of United States citizens and to provide for the expeditious processing of visa applications; (E) institutional memory on a wide range of embassy engagements on bilateral issues; and (F) enduring connections to host country contacts, both inside and outside the host government, including within media, civil society, the business community, academia, the armed forces, and elsewhere; and (2) locally employed staff make important contributions that should warrant the United States Government to give due consideration for their security and safety when diplomatic missions face emergency situations.", "id": "id64bc3b956db3447189f0d01b15202c0c", "header": "Sense of congress", "nested": [], "links": [] }, { "text": "(b) Authorization to provide emergency support \nIn emergency situations, in addition to other authorities that may be available in emergencies or other exigent circumstances, the Secretary is authorized to use funds made available to the Department to provide support to ensure the safety and security of locally employed staff and their immediate family members, including for— (1) providing transport or relocating locally employed staff and their immediate family members to a safe and secure environment; (2) providing short-term housing or lodging for up to six months for locally employed staff and their immediate family members; (3) procuring or providing other essential items and services to support the safety and security of locally employed staff and their immediate family members.", "id": "ida33e8d62c4984c84be3ef87cb93463e3", "header": "Authorization to provide emergency support", "nested": [], "links": [] }, { "text": "(c) Temporary housing \nTo ensure the safety and security of locally employed staff and their immediate family members consistent with this section, Chiefs of Missions are authorized to allow locally employed staff and their immediate family members to reside temporarily in the residences of United States direct hire employees, either in the host country or other countries, provided that such stays are offered voluntarily by United States direct hire employees.", "id": "idb432488b820e4193ab21f52ad24efcba", "header": "Temporary housing", "nested": [], "links": [] }, { "text": "(d) Foreign affairs manual \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall amend the Foreign Affairs Manual to reflect the authorizations and requirements of this section.", "id": "idb140e5f4920345a2bc52779d1fd908b3", "header": "Foreign affairs manual", "nested": [], "links": [] }, { "text": "(e) Emergency situation defined \nIn this section, the term emergency situation means armed conflict, civil unrest, natural disaster, or other types of instability that pose a threat to the safety and security of locally employed staff, particularly when and if a United States diplomatic or consular post must suspend operations.", "id": "idd0889437e7b940c09253e7b3d5ad0b5e", "header": "Emergency situation defined", "nested": [], "links": [] }, { "text": "(f) Report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report describing prior actions the Department has taken with regard to locally employed staff and their immediate family members following suspensions or closures of United States diplomatic posts over the prior 10 years, including Kyiv, Kabul, Minsk, Khartoum, and Juba. (2) Elements \nThe report required under paragraph (1) shall— (A) describe any actions the Department took to assist locally employed staff and their immediate family members; (B) identify any obstacles that made providing support or assistance to locally employed staff and their immediate family members difficult; (C) examine lessons learned and propose recommendations to better protect the safety and security of locally employed staff and their family members, including any additional authorities that may be required; and (D) provide an analysis of and offer recommendations on any other steps that could improve efforts to protect the safety and security of locally employed staff and their immediate family members.", "id": "id1defb09ba83a4d7092b36c4cb7b8018a", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "6228. Internet at hardship posts \nSection 3 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2670 ) is amended— (1) in subsection (l), by striking ; and and inserting a semicolon; (2) in subsection (m) by striking the period at the end and by inserting ; and ; and (3) by adding at the end the following new subsection: (n) pay expenses to provide internet services in residences owned or leased by the United States Government in foreign countries for the use of Department personnel where Department personnel receive a post hardship differential equivalent to 30 percent or more above basic compensation..", "id": "id08a8292842f04521ad0e31b051f5b9c3", "header": "Internet at hardship posts", "nested": [], "links": [ { "text": "22 U.S.C. 2670", "legal-doc": "usc", "parsable-cite": "usc/22/2670" } ] }, { "text": "6229. Competitive local compensation plan \n(a) Establishment and implementation of prevailing wage rates goal \nSection 401(a) of the Department of State Authorities Act, fiscal year 2017 ( 22 U.S.C. 3968a(a) ) is amended in the matter preceding paragraph (1), by striking periodically and inserting every 3 years. (b) Report \nNot later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report that includes— (1) compensation (including position classification) plans for locally employed staff based upon prevailing wage rates and compensation practices for corresponding types of positions in the locality of employment; and (2) an assessment of the feasibility and impact of changing the prevailing wage rate goal for positions in the local compensation plan from the 50th percentile to the 75th percentile.", "id": "id60cb252f3f0844499d62fdb61b8c01a5", "header": "Competitive local compensation plan", "nested": [ { "text": "(a) Establishment and implementation of prevailing wage rates goal \nSection 401(a) of the Department of State Authorities Act, fiscal year 2017 ( 22 U.S.C. 3968a(a) ) is amended in the matter preceding paragraph (1), by striking periodically and inserting every 3 years.", "id": "id3fe8c3399c2a47ba837d90016abe06f7", "header": "Establishment and implementation of prevailing wage rates goal", "nested": [], "links": [ { "text": "22 U.S.C. 3968a(a)", "legal-doc": "usc", "parsable-cite": "usc/22/3968a" } ] }, { "text": "(b) Report \nNot later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report that includes— (1) compensation (including position classification) plans for locally employed staff based upon prevailing wage rates and compensation practices for corresponding types of positions in the locality of employment; and (2) an assessment of the feasibility and impact of changing the prevailing wage rate goal for positions in the local compensation plan from the 50th percentile to the 75th percentile.", "id": "idc6c39e6be83348a8a57dfdc763dcbd92", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 3968a(a)", "legal-doc": "usc", "parsable-cite": "usc/22/3968a" } ] }, { "text": "6230. Supporting tandem couples in the Foreign Service \n(a) Sense of Congress \nIt is the sense of Congress that— (1) challenges finding and maintaining spousal employment and family dissatisfaction are one of the leading reasons employees cite for leaving the Department; (2) tandem Foreign Service personnel represent important members of the Foreign Service community, who act as force multipliers for our diplomacy; (3) the Department can and should do more to keep tandem couples posted together and consider family member employment needs when assigning tandem officers; and (4) common sense steps providing more flexibility in the assignments process would improve outcomes for tandem officers without disadvantaging other Foreign Service officers. (b) Definitions \nIn this section: (1) Family togetherness \nThe term family togetherness means facilitating the placement of Foreign Service personnel at the same United States diplomatic post when both spouses are members of a tandem couple of Foreign Service personnel. (2) Tandem foreign service personnel; tandem \nThe terms tandem Foreign Service personnel and tandem mean a member of a couple of which one spouse is a career or career candidate employee of the Foreign Service and the other spouse is a career or career candidate employee of the Foreign Service or an employee of one of the agencies authorized to use the Foreign Service Personnel System under section 202 of the Foreign Service Act of 1980 ( 22 U.S.C. 3922 ). (c) Family togetherness in assignments \nNot later than 90 days after the date of enactment of this Act, the Department shall amend and update its policies to further promote the principle of family togetherness in the Foreign Service, which shall include the following: (1) Entry-level foreign service personnel \nThe Secretary shall adopt policies and procedures to facilitate the assignment of entry-level tandem Foreign Service personnel on directed assignments to the same diplomatic post or country as their tandem spouse if they request to be assigned to the same post or country. The Secretary shall also provide a written justification to the requesting personnel explaining any denial of a request that would result in a tandem couple not serving together at the same post or country. (2) Tenured foreign service personnel \nThe Secretary shall add family togetherness to the criteria when making a needs of the Service determination, as defined by the Foreign Affairs Manual, for the placement of tenured tandem Foreign Service personnel at United States diplomatic posts. (3) Updates to antinepotism policy \nThe Secretary shall update antinepotism policies so that nepotism rules only apply when an employee and a relative are placed into positions wherein they jointly and exclusively control government resources, property, or money or establish government policy. (4) Temporary supervision of tandem spouse \nThe Secretary shall update policies to allow for a tandem spouse to temporarily supervise another tandem spouse for up to 90 days in a calendar year, including at a United States diplomatic mission. (d) Report \nNot later than 90 days after the date of enactment of this Act, and annually thereafter for two years, the Secretary shall submit to the appropriate congressional committees a report that includes— (1) the number of Foreign Service tandem couples currently serving; (2) the number of Foreign Service tandems currently serving in separate locations, or, to the extent possible, are on leave without pay (LWOP); and (3) an estimate of the cost savings that would result if all Foreign Service tandem couples were placed at a single post.", "id": "id0cf0083da49d474d965cad8e6dd9d861", "header": "Supporting tandem couples in the Foreign Service", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that— (1) challenges finding and maintaining spousal employment and family dissatisfaction are one of the leading reasons employees cite for leaving the Department; (2) tandem Foreign Service personnel represent important members of the Foreign Service community, who act as force multipliers for our diplomacy; (3) the Department can and should do more to keep tandem couples posted together and consider family member employment needs when assigning tandem officers; and (4) common sense steps providing more flexibility in the assignments process would improve outcomes for tandem officers without disadvantaging other Foreign Service officers.", "id": "ida8be3b8d517a40e9a72a1f46e5dd1041", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Family togetherness \nThe term family togetherness means facilitating the placement of Foreign Service personnel at the same United States diplomatic post when both spouses are members of a tandem couple of Foreign Service personnel. (2) Tandem foreign service personnel; tandem \nThe terms tandem Foreign Service personnel and tandem mean a member of a couple of which one spouse is a career or career candidate employee of the Foreign Service and the other spouse is a career or career candidate employee of the Foreign Service or an employee of one of the agencies authorized to use the Foreign Service Personnel System under section 202 of the Foreign Service Act of 1980 ( 22 U.S.C. 3922 ).", "id": "id3a98e0549026465c85b1069cccbe34af", "header": "Definitions", "nested": [], "links": [ { "text": "22 U.S.C. 3922", "legal-doc": "usc", "parsable-cite": "usc/22/3922" } ] }, { "text": "(c) Family togetherness in assignments \nNot later than 90 days after the date of enactment of this Act, the Department shall amend and update its policies to further promote the principle of family togetherness in the Foreign Service, which shall include the following: (1) Entry-level foreign service personnel \nThe Secretary shall adopt policies and procedures to facilitate the assignment of entry-level tandem Foreign Service personnel on directed assignments to the same diplomatic post or country as their tandem spouse if they request to be assigned to the same post or country. The Secretary shall also provide a written justification to the requesting personnel explaining any denial of a request that would result in a tandem couple not serving together at the same post or country. (2) Tenured foreign service personnel \nThe Secretary shall add family togetherness to the criteria when making a needs of the Service determination, as defined by the Foreign Affairs Manual, for the placement of tenured tandem Foreign Service personnel at United States diplomatic posts. (3) Updates to antinepotism policy \nThe Secretary shall update antinepotism policies so that nepotism rules only apply when an employee and a relative are placed into positions wherein they jointly and exclusively control government resources, property, or money or establish government policy. (4) Temporary supervision of tandem spouse \nThe Secretary shall update policies to allow for a tandem spouse to temporarily supervise another tandem spouse for up to 90 days in a calendar year, including at a United States diplomatic mission.", "id": "id48a6a72ee3554e03a04959ba7ae0a3b4", "header": "Family togetherness in assignments", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 90 days after the date of enactment of this Act, and annually thereafter for two years, the Secretary shall submit to the appropriate congressional committees a report that includes— (1) the number of Foreign Service tandem couples currently serving; (2) the number of Foreign Service tandems currently serving in separate locations, or, to the extent possible, are on leave without pay (LWOP); and (3) an estimate of the cost savings that would result if all Foreign Service tandem couples were placed at a single post.", "id": "id5c084eaf39894c60a32452da1ff9d94c", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 3922", "legal-doc": "usc", "parsable-cite": "usc/22/3922" } ] }, { "text": "6231. Accessibility at diplomatic missions \nNot later than 180 days after the date of the enactment of this Act, the Department shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report that includes— (1) a list of the overseas United States diplomatic missions that, as of the date of the enactment of this Act, are not readily accessible to and usable by individuals with disabilities; (2) any efforts in progress to make such missions readily accessible to and usable by individuals with disabilities; and (3) an estimate of the cost to make all such missions readily accessible to and usable by individuals with disabilities.", "id": "idb8cd65debf2e481588541ec9bdd28f65", "header": "Accessibility at diplomatic missions", "nested": [], "links": [] }, { "text": "6232. Report on breastfeeding accommodations overseas \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that includes— (1) a detailed report on the Department’s efforts to equip 100 percent of United States embassies and consulates with dedicated lactation spaces, other than bathrooms, that are shielded from view and free from intrusion from coworkers and the public for use by employees, including the expected demand for such space as well as the status of such rooms when there is no demand for such space; and (2) a description of costs and other resources needed to provide such spaces.", "id": "idd0c7928def0e431397ff8f532c4b38df", "header": "Report on breastfeeding accommodations overseas", "nested": [], "links": [] }, { "text": "6233. Determining the effectiveness of knowledge transfers between Foreign Service Officers \nThe Secretary shall assess the effectiveness of knowledge transfers between Foreign Service officers who are departing from overseas positions and Foreign Service Officers who are arriving at such positions, and make recommendations for approving such knowledge transfers, as appropriate, by— (1) not later than 90 days after the date of the enactment of this Act, conducting a written survey of a representative sample of Foreign Service Officers working in overseas assignments that analyzes the effectiveness of existing mechanisms to facilitate transitions, including training, mentorship, information technology, knowledge management, relationship building, the role of locally employed staff, and organizational culture; and (2) not later than 120 days after the date of the enactment of this Act, submitting to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes a summary and analysis of results of the survey conducted pursuant to paragraph (1) that— (A) identifies best practices and areas for improvement; (B) describes the Department’s methodology for determining which Foreign Service Officers should receive familiarization trips before arriving at a new post; (C) includes recommendations regarding future actions the Department should take to maximize effective knowledge transfer between Foreign Service Officers; (D) identifies any steps taken, or intended to be taken, to implement such recommendations, including any additional resources or authorities necessary to implement such recommendations; and (E) provides recommendations to Congress for legislative action to advance the priority described in subparagraph (C).", "id": "id624f0d92fad545339c58162cb142b34f", "header": "Determining the effectiveness of knowledge transfers between Foreign Service Officers", "nested": [], "links": [] }, { "text": "6234. Education allowance for dependents of Department of State employees located in United States territories \n(a) In general \nAn individual employed by the Department at a location described in subsection (b) shall be eligible for a cost-of-living allowance for the education of the dependents of such employee in an amount that does not exceed the educational allowance authorized by the Secretary of Defense for such location. (b) Location described \nA location is described in this subsection if— (1) such location is in a territory of the United States; and (2) the Secretary of Defense has determined that schools available in such location are unable to adequately provide for the education of— (A) dependents of members of the Armed Forces; or (B) dependents of employees of the Department of Defense.", "id": "idb6b81592b7474f619174e4b0f1254133", "header": "Education allowance for dependents of Department of State employees located in United States territories", "nested": [ { "text": "(a) In general \nAn individual employed by the Department at a location described in subsection (b) shall be eligible for a cost-of-living allowance for the education of the dependents of such employee in an amount that does not exceed the educational allowance authorized by the Secretary of Defense for such location.", "id": "idbb7439b1448940cb9b457bbf60b1e398", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Location described \nA location is described in this subsection if— (1) such location is in a territory of the United States; and (2) the Secretary of Defense has determined that schools available in such location are unable to adequately provide for the education of— (A) dependents of members of the Armed Forces; or (B) dependents of employees of the Department of Defense.", "id": "id7fa21cecdfcf426eb6613d92847dc269", "header": "Location described", "nested": [], "links": [] } ], "links": [] }, { "text": "6301. Data-informed diplomacy \n(a) Findings \nCongress makes the following findings: (1) In a rapidly evolving and digitally interconnected global landscape, access to and maintenance of reliable, readily available data is key to informed decisionmaking and diplomacy and therefore should be considered a strategic asset. (2) In order to achieve its mission in the 21st century, the Department must adapt to these trends by maintaining and providing timely access to high-quality data at the time and place needed, while simultaneously cultivating a data-savvy workforce. (3) Leveraging data science and data analytics has the potential to improve the performance of the Department’s workforce by providing otherwise unknown insights into program deficiencies, shortcomings, or other gaps in analysis. (4) While innovative technologies such as artificial intelligence and machine learning have the potential to empower the Department to analyze and act upon data at scale, systematized, sustainable data management and information synthesis remain a core competency necessary for data-driven decisionmaking. (5) The goals set out by the Department’s Enterprise Data Council (EDC) as the areas of most critical need for the Department, including Cultivating a Data Culture, Accelerating Decisions through Analytics, Establishing Mission-Driven Data Management, and Enhancing Enterprise Data Governance, are laudable and will remain critical as the Department develops into a data-driven agency. (b) Sense of Congress \nIt is the sense of Congress that— (1) the Department should prioritize the recruitment and retainment of top data science talent in support of its data-informed diplomacy efforts as well as its broader modernization agenda; and (2) the Department should strengthen data fluency among its workforce, promote data collaboration across and within its bureaus, and enhance its enterprise data oversight.", "id": "id49f0fe5c1a614a81a20571bb0ca6c287", "header": "Data-informed diplomacy", "nested": [ { "text": "(a) Findings \nCongress makes the following findings: (1) In a rapidly evolving and digitally interconnected global landscape, access to and maintenance of reliable, readily available data is key to informed decisionmaking and diplomacy and therefore should be considered a strategic asset. (2) In order to achieve its mission in the 21st century, the Department must adapt to these trends by maintaining and providing timely access to high-quality data at the time and place needed, while simultaneously cultivating a data-savvy workforce. (3) Leveraging data science and data analytics has the potential to improve the performance of the Department’s workforce by providing otherwise unknown insights into program deficiencies, shortcomings, or other gaps in analysis. (4) While innovative technologies such as artificial intelligence and machine learning have the potential to empower the Department to analyze and act upon data at scale, systematized, sustainable data management and information synthesis remain a core competency necessary for data-driven decisionmaking. (5) The goals set out by the Department’s Enterprise Data Council (EDC) as the areas of most critical need for the Department, including Cultivating a Data Culture, Accelerating Decisions through Analytics, Establishing Mission-Driven Data Management, and Enhancing Enterprise Data Governance, are laudable and will remain critical as the Department develops into a data-driven agency.", "id": "idd800173a96514dcf81102c0ff0c75467", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of Congress \nIt is the sense of Congress that— (1) the Department should prioritize the recruitment and retainment of top data science talent in support of its data-informed diplomacy efforts as well as its broader modernization agenda; and (2) the Department should strengthen data fluency among its workforce, promote data collaboration across and within its bureaus, and enhance its enterprise data oversight.", "id": "idfe7912d4fc6b428bb498a8d5ea2abcdb", "header": "Sense of Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "6302. Establishment and expansion of the Bureau Chief Data Officer Program \n(a) Bureau Chief Data Officer Program \n(1) Establishment \nThe Secretary shall establish a program, which shall be known as the Bureau Chief Data Officer Program (referred to in this section as the Program ), overseen by the Department’s Chief Data Officer. The Bureau Chief Data Officers hired under this program shall report to their respective Bureau leadership. (2) Goals \nThe goals of the Program shall include the following: (A) Cultivating a data culture by promoting data fluency and data collaboration across the Department. (B) Promoting increased data analytics use in critical decisionmaking areas. (C) Promoting data integration and standardization. (D) Increasing efficiencies across the Department by incentivizing acquisition of enterprise data solutions and subscription data services to be shared across bureaus and offices and within bureaus. (b) Implementation plan \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives an implementation plan that outlines strategies for— (1) advancing the goals described in subsection (a)(2); (2) hiring Bureau Chief Data Officers at the GS–14 or GS–15 grade or a similar rank; (3) assigning at least one Bureau Chief Data Officer to— (A) each regional bureau of the Department; (B) the Bureau of International Organization Affairs; (C) the Office of the Chief Economist; (D) the Office of the Science and Technology Advisor; (E) the Bureau of Cyber and Digital Policy; (F) the Bureau of Diplomatic Security; (G) the Bureau for Global Talent Management; and (H) the Bureau of Consular Affairs; and (4) allocation of necessary resources to sustain the Program. (c) Assignment \nIn implementing the Bureau Chief Data Officer Program, Bureaus may not dual-hat currently employed personnel as Bureau Chief Data Officers. (d) Annual reporting requirement \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary shall submit a report to the appropriate congressional committees regarding the status of the implementation plan required under subsection (b).", "id": "id772ba25a7b0e42ad9233d2e06ba0bdfb", "header": "Establishment and expansion of the Bureau Chief Data Officer Program", "nested": [ { "text": "(a) Bureau Chief Data Officer Program \n(1) Establishment \nThe Secretary shall establish a program, which shall be known as the Bureau Chief Data Officer Program (referred to in this section as the Program ), overseen by the Department’s Chief Data Officer. The Bureau Chief Data Officers hired under this program shall report to their respective Bureau leadership. (2) Goals \nThe goals of the Program shall include the following: (A) Cultivating a data culture by promoting data fluency and data collaboration across the Department. (B) Promoting increased data analytics use in critical decisionmaking areas. (C) Promoting data integration and standardization. (D) Increasing efficiencies across the Department by incentivizing acquisition of enterprise data solutions and subscription data services to be shared across bureaus and offices and within bureaus.", "id": "id0f82f0ffdfb0410aa0801c701fd99113", "header": "Bureau Chief Data Officer Program", "nested": [], "links": [] }, { "text": "(b) Implementation plan \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives an implementation plan that outlines strategies for— (1) advancing the goals described in subsection (a)(2); (2) hiring Bureau Chief Data Officers at the GS–14 or GS–15 grade or a similar rank; (3) assigning at least one Bureau Chief Data Officer to— (A) each regional bureau of the Department; (B) the Bureau of International Organization Affairs; (C) the Office of the Chief Economist; (D) the Office of the Science and Technology Advisor; (E) the Bureau of Cyber and Digital Policy; (F) the Bureau of Diplomatic Security; (G) the Bureau for Global Talent Management; and (H) the Bureau of Consular Affairs; and (4) allocation of necessary resources to sustain the Program.", "id": "id7e2f9dc9c6b84b9fa3858e671cf6815b", "header": "Implementation plan", "nested": [], "links": [] }, { "text": "(c) Assignment \nIn implementing the Bureau Chief Data Officer Program, Bureaus may not dual-hat currently employed personnel as Bureau Chief Data Officers.", "id": "id624bad05c50248b0af5d1cbbb74912c2", "header": "Assignment", "nested": [], "links": [] }, { "text": "(d) Annual reporting requirement \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary shall submit a report to the appropriate congressional committees regarding the status of the implementation plan required under subsection (b).", "id": "id232f5e2432694404ad91592cdd187ab6", "header": "Annual reporting requirement", "nested": [], "links": [] } ], "links": [] }, { "text": "6303. Establishment of the Chief Artificial Intelligence Officer of the Department of State \nSection 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended by adding at the end the following new subsection: (n) Chief Artificial Intelligence Officer \n(1) In general \nThere shall be within the Department of State a Chief Artificial Intelligence Officer, which may be dual-hatted as the Department’s Chief Data Officer, who shall be a member of the Senior Executive Service. (2) Duties described \nThe principal duties and responsibilities of the Chief Artificial Intelligence Officer shall be— (A) to evaluate, oversee, and, if appropriate, facilitate the responsible adoption of artificial intelligence (AI) and machine learning applications to help inform decisions by policymakers and to support programs and management operations of the Department of State; and (B) to act as the principal advisor to the Secretary of State on the ethical use of AI and advanced analytics in conducting data-informed diplomacy. (3) Qualifications \nThe Chief Artificial Intelligence Officer should be an individual with demonstrated skill and competency in— (A) the use and application of data analytics, AI, and machine learning; and (B) transformational leadership and organizational change management, particularly within large, complex organizations. (4) Partner with the Chief Information Officer on scaling artificial intelligence use cases \nTo ensure alignment between the Chief Artificial Intelligence Officer and the Chief Information Officer, the Chief Information Officer will consult with the Chief Artificial Intelligence Officer on best practices for rolling out and scaling AI capabilities across the Bureau of Information and Resource Management’s broader portfolio of software applications. (5) Artificial intelligence defined \nIn this subsection, the term artificial intelligence has the meaning given the term in section 238(g) of the National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4001 note)..", "id": "id15f169d6e303461994613dd5ee7587c1", "header": "Establishment of the Chief Artificial Intelligence Officer of the Department of State", "nested": [], "links": [ { "text": "22 U.S.C. 2651a", "legal-doc": "usc", "parsable-cite": "usc/22/2651a" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "10 U.S.C. 4001", "legal-doc": "usc", "parsable-cite": "usc/10/4001" } ] }, { "text": "6304. Strengthening the Chief Information Officer of the Department of State \n(a) In general \nThe Chief Information Officer of the Department shall be consulted on all decisions to approve or disapprove, significant new unclassified information technology expenditures, including software, of the Department, including expenditures related to information technology acquired, managed, and maintained by other bureaus and offices within the Department, in order to— (1) encourage the use of enterprise software and information technology solutions where such solutions exist or can be developed in a timeframe and manner consistent with maintaining and enhancing the continuity and improvement of Department operations; (2) increase the bargaining power of the Department in acquiring information technology solutions across the Department; (3) reduce the number of redundant Authorities to Operate (ATO), which, instead of using one ATO-approved platform across bureaus, requires multiple ATOs for software use cases across different bureaus; (4) enhance the efficiency, reduce redundancy, and increase interoperability of the use of information technology across the enterprise of the Department; (5) enhance training and alignment of information technology personnel with the skills required to maintain systems across the Department; (6) reduce costs related to the maintenance of, or effectuate the retirement of, legacy systems; (7) ensure the development and maintenance of security protocols regarding the use of information technology solutions and software across the Department; and (8) improve end-user training on the operation of information technology solutions and to enhance end-user cybersecurity practices. (b) Strategy and implementation plan required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Department shall develop, in consultation with relevant bureaus and offices as appropriate, a strategy and a 5-year implementation plan to advance the objectives described in subsection (a). (2) Consultation \nNo later than one year after the date of the enactment of this Act, the Chief Information Officer shall submit the strategy required by this subsection to the appropriate congressional committees and shall consult with the appropriate congressional committees, not less than on an annual basis for 5 years, regarding the progress related to the implementation plan required by this subjection. (c) Improvement plan for the Bureau for Information Resources Management \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Chief Information Officer shall develop policies and protocols to improve the customer service orientation, quality and timely delivery of information technology solutions, and training and support for bureau and office-level information technology officers. (2) Survey \nNot later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Chief Information Officer shall undertake a client satisfaction survey of bureau information technology officers to obtain feedback on metrics related to— (A) customer service orientation of the Bureau of Information Resources Management; (B) quality and timelines of capabilities delivered; (C) maintenance and upkeep of information technology solutions; (D) training and support for senior bureau and office-level information technology officers; and (E) other matters which the Chief Information Officer, in consultation with client bureaus and offices, determine appropriate. (3) Submission of findings \nNot later than 60 days after completing each survey required under paragraph (2), the Chief Information Officer shall submit a summary of the findings to the appropriate congressional committees. (d) Significant expenditure defined \nFor purposes of this section, the term significant expenditure means any cumulative expenditure in excess of $250,000 total in a single fiscal year for a new unclassified software or information technology capability. (e) Rule of construction \nNothing in this section may be construed— (1) to alter the authorities of the United States Office of Management and Budget, Office of the National Cyber Director, the Department of Homeland Security, or the Cybersecurity and Infrastructure Security Agency with respect to Federal information systems; or (2) to alter the responsibilities and authorities of the Chief Information Officer of the Department of State as described in titles 40 or 44, United States Code, or any other law defining or assigning responsibilities or authorities to Federal Chief Information Officers.", "id": "idac670420f39641d585252b992d132f2d", "header": "Strengthening the Chief Information Officer of the Department of State", "nested": [ { "text": "(a) In general \nThe Chief Information Officer of the Department shall be consulted on all decisions to approve or disapprove, significant new unclassified information technology expenditures, including software, of the Department, including expenditures related to information technology acquired, managed, and maintained by other bureaus and offices within the Department, in order to— (1) encourage the use of enterprise software and information technology solutions where such solutions exist or can be developed in a timeframe and manner consistent with maintaining and enhancing the continuity and improvement of Department operations; (2) increase the bargaining power of the Department in acquiring information technology solutions across the Department; (3) reduce the number of redundant Authorities to Operate (ATO), which, instead of using one ATO-approved platform across bureaus, requires multiple ATOs for software use cases across different bureaus; (4) enhance the efficiency, reduce redundancy, and increase interoperability of the use of information technology across the enterprise of the Department; (5) enhance training and alignment of information technology personnel with the skills required to maintain systems across the Department; (6) reduce costs related to the maintenance of, or effectuate the retirement of, legacy systems; (7) ensure the development and maintenance of security protocols regarding the use of information technology solutions and software across the Department; and (8) improve end-user training on the operation of information technology solutions and to enhance end-user cybersecurity practices.", "id": "id655a3f4c8db843288a3f5c13116b28ab", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Strategy and implementation plan required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Department shall develop, in consultation with relevant bureaus and offices as appropriate, a strategy and a 5-year implementation plan to advance the objectives described in subsection (a). (2) Consultation \nNo later than one year after the date of the enactment of this Act, the Chief Information Officer shall submit the strategy required by this subsection to the appropriate congressional committees and shall consult with the appropriate congressional committees, not less than on an annual basis for 5 years, regarding the progress related to the implementation plan required by this subjection.", "id": "id061b3fa03f824550b41691f360d7bd58", "header": "Strategy and implementation plan required", "nested": [], "links": [] }, { "text": "(c) Improvement plan for the Bureau for Information Resources Management \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Chief Information Officer shall develop policies and protocols to improve the customer service orientation, quality and timely delivery of information technology solutions, and training and support for bureau and office-level information technology officers. (2) Survey \nNot later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Chief Information Officer shall undertake a client satisfaction survey of bureau information technology officers to obtain feedback on metrics related to— (A) customer service orientation of the Bureau of Information Resources Management; (B) quality and timelines of capabilities delivered; (C) maintenance and upkeep of information technology solutions; (D) training and support for senior bureau and office-level information technology officers; and (E) other matters which the Chief Information Officer, in consultation with client bureaus and offices, determine appropriate. (3) Submission of findings \nNot later than 60 days after completing each survey required under paragraph (2), the Chief Information Officer shall submit a summary of the findings to the appropriate congressional committees.", "id": "idbb63195740de4775900c172608909f3e", "header": "Improvement plan for the Bureau for Information Resources Management", "nested": [], "links": [] }, { "text": "(d) Significant expenditure defined \nFor purposes of this section, the term significant expenditure means any cumulative expenditure in excess of $250,000 total in a single fiscal year for a new unclassified software or information technology capability.", "id": "idcd3b137f577b4b63a1f9af3a45443fc5", "header": "Significant expenditure defined", "nested": [], "links": [] }, { "text": "(e) Rule of construction \nNothing in this section may be construed— (1) to alter the authorities of the United States Office of Management and Budget, Office of the National Cyber Director, the Department of Homeland Security, or the Cybersecurity and Infrastructure Security Agency with respect to Federal information systems; or (2) to alter the responsibilities and authorities of the Chief Information Officer of the Department of State as described in titles 40 or 44, United States Code, or any other law defining or assigning responsibilities or authorities to Federal Chief Information Officers.", "id": "id6bb414d2890847c7b8a9ea39ed454adb", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "6305. Sense of Congress on strengthening enterprise governance \nIt is the sense of Congress that in order to modernize the Department, enterprise-wide governance regarding budget and finance, information technology, and the creation, analysis, and use of data across the Department is necessary to better align resources to strategy, including evaluating trade-offs, and to enhance efficiency and security in using data and technology as tools to inform and evaluate the conduct of United States foreign policy.", "id": "id35fbdde606ac4b189150f0091890a9cb", "header": "Sense of Congress on strengthening enterprise governance", "nested": [], "links": [] }, { "text": "6306. Digital connectivity and cybersecurity partnership \n(a) Digital connectivity and cybersecurity partnership \nThe Secretary is authorized to establish a program, which may be known as the Digital Connectivity and Cybersecurity Partnership , to help foreign countries— (1) expand and increase secure internet access and digital infrastructure in emerging markets, including demand for and availability of high-quality information and communications technology (ICT) equipment, software, and services; (2) protect technological assets, including data; (3) adopt policies and regulatory positions that foster and encourage open, interoperable, reliable, and secure internet, the free flow of data, multi-stakeholder models of internet governance, and pro-competitive and secure ICT policies and regulations; (4) access United States exports of ICT goods and services; (5) expand interoperability and promote the diversification of ICT goods and supply chain services to be less reliant on PRC imports; (6) promote best practices and common standards for a national approach to cybersecurity; and (7) advance other priorities consistent with paragraphs (1) through (6), as determined by the Secretary. (b) Use of funds \nFunds made available to carry out this section may be used to strengthen civilian cybersecurity and information and communications technology capacity, including participation of foreign law enforcement and military personnel in non-military activities, notwithstanding any other provision of law, provided that such support is essential to enabling civilian and law enforcement of cybersecurity and information and communication technology related activities in their respective countries. (c) Implementation plan \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an implementation plan for the coming year to advance the goals identified in subsection (a). (d) Consultation \nIn developing and operationalizing the implementation plan required under subsection (c), the Secretary shall consult with— (1) the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives; (2) United States industry leaders; (3) other relevant technology experts, including the Open Technology Fund; (4) representatives from relevant United States Government agencies; and (5) representatives from like-minded allies and partners. (e) Authorization of appropriations \nThere is authorized to be appropriated $100,000,000 for each of fiscal years 2024 through 2028 to carry out this section. Such funds, including funds authorized to be appropriated under the heading Economic Support Fund , may be made available, notwithstanding any other provision of law to strengthen civilian cybersecurity and information and communications technology capacity, including for participation of foreign law enforcement and military personnel in non-military activities, and for contributions. Such funds shall remain available until expended.", "id": "id7a3ddcf450174b8f8d731aa1edaeb63a", "header": "Digital connectivity and cybersecurity partnership", "nested": [ { "text": "(a) Digital connectivity and cybersecurity partnership \nThe Secretary is authorized to establish a program, which may be known as the Digital Connectivity and Cybersecurity Partnership , to help foreign countries— (1) expand and increase secure internet access and digital infrastructure in emerging markets, including demand for and availability of high-quality information and communications technology (ICT) equipment, software, and services; (2) protect technological assets, including data; (3) adopt policies and regulatory positions that foster and encourage open, interoperable, reliable, and secure internet, the free flow of data, multi-stakeholder models of internet governance, and pro-competitive and secure ICT policies and regulations; (4) access United States exports of ICT goods and services; (5) expand interoperability and promote the diversification of ICT goods and supply chain services to be less reliant on PRC imports; (6) promote best practices and common standards for a national approach to cybersecurity; and (7) advance other priorities consistent with paragraphs (1) through (6), as determined by the Secretary.", "id": "id1ff5e66651914e48b90aba808c3ed982", "header": "Digital connectivity and cybersecurity partnership", "nested": [], "links": [] }, { "text": "(b) Use of funds \nFunds made available to carry out this section may be used to strengthen civilian cybersecurity and information and communications technology capacity, including participation of foreign law enforcement and military personnel in non-military activities, notwithstanding any other provision of law, provided that such support is essential to enabling civilian and law enforcement of cybersecurity and information and communication technology related activities in their respective countries.", "id": "id7b2c83464fe241808e6cbe0083a2abc6", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Implementation plan \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an implementation plan for the coming year to advance the goals identified in subsection (a).", "id": "id4d9c103199df4dae8b350813544b3038", "header": "Implementation plan", "nested": [], "links": [] }, { "text": "(d) Consultation \nIn developing and operationalizing the implementation plan required under subsection (c), the Secretary shall consult with— (1) the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives; (2) United States industry leaders; (3) other relevant technology experts, including the Open Technology Fund; (4) representatives from relevant United States Government agencies; and (5) representatives from like-minded allies and partners.", "id": "id5cf10885a1f146799f23159a90de3cbc", "header": "Consultation", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere is authorized to be appropriated $100,000,000 for each of fiscal years 2024 through 2028 to carry out this section. Such funds, including funds authorized to be appropriated under the heading Economic Support Fund , may be made available, notwithstanding any other provision of law to strengthen civilian cybersecurity and information and communications technology capacity, including for participation of foreign law enforcement and military personnel in non-military activities, and for contributions. Such funds shall remain available until expended.", "id": "id7dc891b0ac474a28973ad04927b0575e", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "6307. Establishment of a cyberspace, digital connectivity, and related technologies (CDT) fund \nPart II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2301 et seq. ) is amended by adding at the end the following new chapter: 10 Cyberspace, digital connectivity, and related technologies (CDT) fund \n591. Findings \nCongress makes the following findings: (1) Increasingly digitized and interconnected social, political, and economic systems have introduced new vulnerabilities for malicious actors to exploit, which threatens economic and national security. (2) The rapid development, deployment, and integration of information and communication technologies into all aspects of modern life bring mounting risks of accidents and malicious activity involving such technologies, and their potential consequences. (3) Because information and communication technologies are globally manufactured, traded, and networked, the economic and national security of the United State depends greatly on cybersecurity practices of other actors, including other countries. (4) United States assistance to countries and international organizations to bolster civilian capacity to address national cybersecurity and deterrence in cyberspace can help— (A) reduce vulnerability in the information and communication technologies ecosystem; and (B) advance national and economic security objectives. 592. Authorization of assistance and funding for cyberspace, digital connectivity, and related technologies (CDT) capacity building activities \n(a) Authorization \nThe Secretary of State is authorized to provide assistance to foreign governments and organizations, including national, regional, and international institutions, on such terms and conditions as the Secretary may determine, in order to— (1) advance a secure and stable cyberspace; (2) protect and expand trusted digital ecosystems and connectivity; (3) build the cybersecurity capacity of partner countries and organizations; and (4) ensure that the development of standards and the deployment and use of technology supports and reinforces human rights and democratic values, including through the Digital Connectivity and Cybersecurity Partnership. (b) Scope of uses \nAssistance under this section may include programs to— (1) advance the adoption and deployment of secure and trustworthy information and communications technology (ICT) infrastructure and services, including efforts to grow global markets for secure ICT goods and services and promote a more diverse and resilient ICT supply chain; (2) provide technical and capacity building assistance to— (A) promote policy and regulatory frameworks that create an enabling environment for digital connectivity and a vibrant digital economy; (B) ensure technologies, including related new and emerging technologies, are developed, deployed, and used in ways that support and reinforce democratic values and human rights; (C) promote innovation and competition; and (D) support digital governance with the development of rights-respecting international norms and standards; (3) help countries prepare for, defend against, and respond to malicious cyber activities, including through— (A) the adoption of cybersecurity best practices; (B) the development of national strategies to enhance cybersecurity; (C) the deployment of cybersecurity tools and services to increase the security, strength, and resilience of networks and infrastructure; (D) support for the development of cybersecurity watch, warning, response, and recovery capabilities, including through the development of cybersecurity incident response teams; (E) support for collaboration with the Cybersecurity and Infrastructure Security Agency (CISA) and other relevant Federal agencies to enhance cybersecurity; (F) programs to strengthen allied and partner governments’ capacity to detect, investigate, deter, and prosecute cybercrimes; (G) programs to provide information and resources to diplomats engaging in discussions and negotiations around international law and capacity building measures related to cybersecurity; (H) capacity building for cybersecurity partners, including law enforcement and military entities as described in subsection (f); (I) programs that enhance the ability of relevant stakeholders to act collectively against shared cybersecurity threats; (J) the advancement of programs in support of the Framework of Responsible State Behavior in Cyberspace; and (K) the fortification of deterrence instruments in cyberspace; and (4) such other purpose and functions as the Secretary of State may designate. (c) Responsibility for policy decisions and justification \nThe Secretary of State shall be responsible for policy decisions regarding programs under this chapter, with respect to— (1) whether there will be cybersecurity and digital capacity building programs for a foreign country or entity operating in that country; (2) the amount of funds for each foreign country or entity; and (3) the scope and nature of such uses of funding. (d) Detailed justification for uses and purposes of funds \nThe Secretary of State shall provide, on an annual basis, a detailed justification for the uses and purposes of the amounts provided under this chapter, including information concerning— (1) the amounts and kinds of grants; (2) the amounts and kinds of budgetary support provided, if any; and (3) the amounts and kinds of project assistance provided for what purpose and with such amounts. (e) Assistance and funding under other authorities \nThe authority granted under this section to provide assistance or funding for countries and organizations does not preclude the use of funds provided to carry out other authorities also available for such purpose. (f) Availability of funds \nAmounts appropriated to carry out this chapter may be used, notwithstanding any other provision of law, to strengthen civilian cybersecurity and information and communications technology capacity, including participation of foreign law enforcement and military personnel in non-military activities, provided that such support is essential to enabling civilian and law enforcement of cybersecurity and information and communication technology related activities in their respective countries. (g) Notification requirements \nFunds made available under this section shall be obligated in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act. 593. Review of emergency assistance capacity \n(a) In general \nThe Secretary of State, in consultation as appropriate with other relevant Federal departments and agencies is authorized to conduct a review that— (1) analyzes the United States Government’s capacity to promptly and effectively deliver emergency support to countries experiencing major cybersecurity and ICT incidents; (2) identifies relevant factors constraining the support referred to in paragraph (1); and (3) develops a strategy to improve coordination among relevant Federal agencies and to resolve such constraints. (b) Report \nNot later than one year after the date of the enactment of this chapter, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that contains the results of the review conducted pursuant to subsection (a). 594. Authorization of appropriations \nThere is authorized to be appropriated $150,000,000 during the 5-year period beginning on October 1, 2023, to carry out the purposes of this chapter..", "id": "ida4ccc21074104c148727a8958b529560", "header": "Establishment of a cyberspace, digital connectivity, and related technologies (CDT) fund", "nested": [], "links": [ { "text": "22 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2301" } ] }, { "text": "591. Findings \nCongress makes the following findings: (1) Increasingly digitized and interconnected social, political, and economic systems have introduced new vulnerabilities for malicious actors to exploit, which threatens economic and national security. (2) The rapid development, deployment, and integration of information and communication technologies into all aspects of modern life bring mounting risks of accidents and malicious activity involving such technologies, and their potential consequences. (3) Because information and communication technologies are globally manufactured, traded, and networked, the economic and national security of the United State depends greatly on cybersecurity practices of other actors, including other countries. (4) United States assistance to countries and international organizations to bolster civilian capacity to address national cybersecurity and deterrence in cyberspace can help— (A) reduce vulnerability in the information and communication technologies ecosystem; and (B) advance national and economic security objectives.", "id": "idcafcc67bd7df4db48f8b5f21a50e4c18", "header": "Findings", "nested": [], "links": [] }, { "text": "592. Authorization of assistance and funding for cyberspace, digital connectivity, and related technologies (CDT) capacity building activities \n(a) Authorization \nThe Secretary of State is authorized to provide assistance to foreign governments and organizations, including national, regional, and international institutions, on such terms and conditions as the Secretary may determine, in order to— (1) advance a secure and stable cyberspace; (2) protect and expand trusted digital ecosystems and connectivity; (3) build the cybersecurity capacity of partner countries and organizations; and (4) ensure that the development of standards and the deployment and use of technology supports and reinforces human rights and democratic values, including through the Digital Connectivity and Cybersecurity Partnership. (b) Scope of uses \nAssistance under this section may include programs to— (1) advance the adoption and deployment of secure and trustworthy information and communications technology (ICT) infrastructure and services, including efforts to grow global markets for secure ICT goods and services and promote a more diverse and resilient ICT supply chain; (2) provide technical and capacity building assistance to— (A) promote policy and regulatory frameworks that create an enabling environment for digital connectivity and a vibrant digital economy; (B) ensure technologies, including related new and emerging technologies, are developed, deployed, and used in ways that support and reinforce democratic values and human rights; (C) promote innovation and competition; and (D) support digital governance with the development of rights-respecting international norms and standards; (3) help countries prepare for, defend against, and respond to malicious cyber activities, including through— (A) the adoption of cybersecurity best practices; (B) the development of national strategies to enhance cybersecurity; (C) the deployment of cybersecurity tools and services to increase the security, strength, and resilience of networks and infrastructure; (D) support for the development of cybersecurity watch, warning, response, and recovery capabilities, including through the development of cybersecurity incident response teams; (E) support for collaboration with the Cybersecurity and Infrastructure Security Agency (CISA) and other relevant Federal agencies to enhance cybersecurity; (F) programs to strengthen allied and partner governments’ capacity to detect, investigate, deter, and prosecute cybercrimes; (G) programs to provide information and resources to diplomats engaging in discussions and negotiations around international law and capacity building measures related to cybersecurity; (H) capacity building for cybersecurity partners, including law enforcement and military entities as described in subsection (f); (I) programs that enhance the ability of relevant stakeholders to act collectively against shared cybersecurity threats; (J) the advancement of programs in support of the Framework of Responsible State Behavior in Cyberspace; and (K) the fortification of deterrence instruments in cyberspace; and (4) such other purpose and functions as the Secretary of State may designate. (c) Responsibility for policy decisions and justification \nThe Secretary of State shall be responsible for policy decisions regarding programs under this chapter, with respect to— (1) whether there will be cybersecurity and digital capacity building programs for a foreign country or entity operating in that country; (2) the amount of funds for each foreign country or entity; and (3) the scope and nature of such uses of funding. (d) Detailed justification for uses and purposes of funds \nThe Secretary of State shall provide, on an annual basis, a detailed justification for the uses and purposes of the amounts provided under this chapter, including information concerning— (1) the amounts and kinds of grants; (2) the amounts and kinds of budgetary support provided, if any; and (3) the amounts and kinds of project assistance provided for what purpose and with such amounts. (e) Assistance and funding under other authorities \nThe authority granted under this section to provide assistance or funding for countries and organizations does not preclude the use of funds provided to carry out other authorities also available for such purpose. (f) Availability of funds \nAmounts appropriated to carry out this chapter may be used, notwithstanding any other provision of law, to strengthen civilian cybersecurity and information and communications technology capacity, including participation of foreign law enforcement and military personnel in non-military activities, provided that such support is essential to enabling civilian and law enforcement of cybersecurity and information and communication technology related activities in their respective countries. (g) Notification requirements \nFunds made available under this section shall be obligated in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act.", "id": "id31ccff7cc5944b48a3be4e459c02badc", "header": "Authorization of assistance and funding for cyberspace, digital connectivity, and related technologies (CDT) capacity building activities", "nested": [ { "text": "(a) Authorization \nThe Secretary of State is authorized to provide assistance to foreign governments and organizations, including national, regional, and international institutions, on such terms and conditions as the Secretary may determine, in order to— (1) advance a secure and stable cyberspace; (2) protect and expand trusted digital ecosystems and connectivity; (3) build the cybersecurity capacity of partner countries and organizations; and (4) ensure that the development of standards and the deployment and use of technology supports and reinforces human rights and democratic values, including through the Digital Connectivity and Cybersecurity Partnership.", "id": "id8f50664ba7734677b88c9cf60da3718f", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Scope of uses \nAssistance under this section may include programs to— (1) advance the adoption and deployment of secure and trustworthy information and communications technology (ICT) infrastructure and services, including efforts to grow global markets for secure ICT goods and services and promote a more diverse and resilient ICT supply chain; (2) provide technical and capacity building assistance to— (A) promote policy and regulatory frameworks that create an enabling environment for digital connectivity and a vibrant digital economy; (B) ensure technologies, including related new and emerging technologies, are developed, deployed, and used in ways that support and reinforce democratic values and human rights; (C) promote innovation and competition; and (D) support digital governance with the development of rights-respecting international norms and standards; (3) help countries prepare for, defend against, and respond to malicious cyber activities, including through— (A) the adoption of cybersecurity best practices; (B) the development of national strategies to enhance cybersecurity; (C) the deployment of cybersecurity tools and services to increase the security, strength, and resilience of networks and infrastructure; (D) support for the development of cybersecurity watch, warning, response, and recovery capabilities, including through the development of cybersecurity incident response teams; (E) support for collaboration with the Cybersecurity and Infrastructure Security Agency (CISA) and other relevant Federal agencies to enhance cybersecurity; (F) programs to strengthen allied and partner governments’ capacity to detect, investigate, deter, and prosecute cybercrimes; (G) programs to provide information and resources to diplomats engaging in discussions and negotiations around international law and capacity building measures related to cybersecurity; (H) capacity building for cybersecurity partners, including law enforcement and military entities as described in subsection (f); (I) programs that enhance the ability of relevant stakeholders to act collectively against shared cybersecurity threats; (J) the advancement of programs in support of the Framework of Responsible State Behavior in Cyberspace; and (K) the fortification of deterrence instruments in cyberspace; and (4) such other purpose and functions as the Secretary of State may designate.", "id": "idd2666f192a76443aa27f90efcc7726cf", "header": "Scope of uses", "nested": [], "links": [] }, { "text": "(c) Responsibility for policy decisions and justification \nThe Secretary of State shall be responsible for policy decisions regarding programs under this chapter, with respect to— (1) whether there will be cybersecurity and digital capacity building programs for a foreign country or entity operating in that country; (2) the amount of funds for each foreign country or entity; and (3) the scope and nature of such uses of funding.", "id": "ideedacba4fddc4cb4ae657e93cb8c81e6", "header": "Responsibility for policy decisions and justification", "nested": [], "links": [] }, { "text": "(d) Detailed justification for uses and purposes of funds \nThe Secretary of State shall provide, on an annual basis, a detailed justification for the uses and purposes of the amounts provided under this chapter, including information concerning— (1) the amounts and kinds of grants; (2) the amounts and kinds of budgetary support provided, if any; and (3) the amounts and kinds of project assistance provided for what purpose and with such amounts.", "id": "id36b021908a4446c5a812551b828f1237", "header": "Detailed justification for uses and purposes of funds", "nested": [], "links": [] }, { "text": "(e) Assistance and funding under other authorities \nThe authority granted under this section to provide assistance or funding for countries and organizations does not preclude the use of funds provided to carry out other authorities also available for such purpose.", "id": "id0783bace9dbf41cea58cc9276b0248ba", "header": "Assistance and funding under other authorities", "nested": [], "links": [] }, { "text": "(f) Availability of funds \nAmounts appropriated to carry out this chapter may be used, notwithstanding any other provision of law, to strengthen civilian cybersecurity and information and communications technology capacity, including participation of foreign law enforcement and military personnel in non-military activities, provided that such support is essential to enabling civilian and law enforcement of cybersecurity and information and communication technology related activities in their respective countries.", "id": "id3c2321d89908417c984d1d4f78491e61", "header": "Availability of funds", "nested": [], "links": [] }, { "text": "(g) Notification requirements \nFunds made available under this section shall be obligated in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act.", "id": "id68190531aa8246f09d797f96e2a62596", "header": "Notification requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "593. Review of emergency assistance capacity \n(a) In general \nThe Secretary of State, in consultation as appropriate with other relevant Federal departments and agencies is authorized to conduct a review that— (1) analyzes the United States Government’s capacity to promptly and effectively deliver emergency support to countries experiencing major cybersecurity and ICT incidents; (2) identifies relevant factors constraining the support referred to in paragraph (1); and (3) develops a strategy to improve coordination among relevant Federal agencies and to resolve such constraints. (b) Report \nNot later than one year after the date of the enactment of this chapter, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that contains the results of the review conducted pursuant to subsection (a).", "id": "id8d5ad5ba4cf045099cd56566c8faae99", "header": "Review of emergency assistance capacity", "nested": [ { "text": "(a) In general \nThe Secretary of State, in consultation as appropriate with other relevant Federal departments and agencies is authorized to conduct a review that— (1) analyzes the United States Government’s capacity to promptly and effectively deliver emergency support to countries experiencing major cybersecurity and ICT incidents; (2) identifies relevant factors constraining the support referred to in paragraph (1); and (3) develops a strategy to improve coordination among relevant Federal agencies and to resolve such constraints.", "id": "id69f5f5cf73914d6b82de217e7a182119", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than one year after the date of the enactment of this chapter, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that contains the results of the review conducted pursuant to subsection (a).", "id": "id154dcc8edacf4785b50d38851782f356", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "594. Authorization of appropriations \nThere is authorized to be appropriated $150,000,000 during the 5-year period beginning on October 1, 2023, to carry out the purposes of this chapter.", "id": "ide7a3f9a639ef4f2fb93cfbb820045891", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "6308. Cyber protection support for personnel of the Department of State in positions highly vulnerable to cyber attack \n(a) Definitions \nIn this section: (1) At-risk personnel \nThe term at-risk personnel means personnel of the Department— (A) whom the Secretary determines to be highly vulnerable to cyber attacks and hostile information collection activities because of their positions in the Department; and (B) whose personal technology devices or personal accounts are highly vulnerable to cyber attacks and hostile information collection activities. (2) Personal accounts \nThe term personal accounts means accounts for online and telecommunications services, including telephone, residential internet access, email, text and multimedia messaging, cloud computing, social media, health care, and financial services, used by personnel of the Department outside of the scope of their employment with the Department. (3) Personal technology devices \nThe term personal technology devices means technology devices used by personnel of the Department outside of the scope of their employment with the Department, including networks to which such devices connect. (b) Requirement to provide cyber protection support \nThe Secretary, in consultation with the Secretary of Homeland Security and the Director of National Intelligence, as appropriate— (1) shall offer cyber protection support for the personal technology devices and personal accounts of at-risk personnel; and (2) may provide the support described in paragraph (1) to any Department personnel who request such support. (c) Nature of cyber protection support \nSubject to the availability of resources, the cyber protection support provided to personnel pursuant to subsection (b) may include training, advice, assistance, and other services relating to protection against cyber attacks and hostile information collection activities. (d) Privacy protections for personal devices \nThe Department is prohibited pursuant to this section from accessing or retrieving any information from any personal technology device or personal account of Department employees unless— (1) access or information retrieval is necessary for carrying out the cyber protection support specified in this section; and (2) the Department has received explicit consent from the employee to access a personal technology device or personal account prior to each time such device or account is accessed. (e) Rule of construction \nNothing in this section may be construed— (1) to encourage Department personnel to use personal technology devices for official business; or (2) to authorize cyber protection support for senior Department personnel using personal devices, networks, and personal accounts in an official capacity. (f) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees regarding the provision of cyber protection support pursuant to subsection (b), which shall include— (1) a description of the methodology used to make the determination under subsection (a)(1); and (2) guidance for the use of cyber protection support and tracking of support requests for personnel receiving cyber protection support pursuant to subsection (b).", "id": "idaa2fc0dc81eb46ffa563a0430d803c3e", "header": "Cyber protection support for personnel of the Department of State in positions highly vulnerable to cyber attack", "nested": [ { "text": "(a) Definitions \nIn this section: (1) At-risk personnel \nThe term at-risk personnel means personnel of the Department— (A) whom the Secretary determines to be highly vulnerable to cyber attacks and hostile information collection activities because of their positions in the Department; and (B) whose personal technology devices or personal accounts are highly vulnerable to cyber attacks and hostile information collection activities. (2) Personal accounts \nThe term personal accounts means accounts for online and telecommunications services, including telephone, residential internet access, email, text and multimedia messaging, cloud computing, social media, health care, and financial services, used by personnel of the Department outside of the scope of their employment with the Department. (3) Personal technology devices \nThe term personal technology devices means technology devices used by personnel of the Department outside of the scope of their employment with the Department, including networks to which such devices connect.", "id": "id3fd7d868acae44b2a88e4912a296126e", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Requirement to provide cyber protection support \nThe Secretary, in consultation with the Secretary of Homeland Security and the Director of National Intelligence, as appropriate— (1) shall offer cyber protection support for the personal technology devices and personal accounts of at-risk personnel; and (2) may provide the support described in paragraph (1) to any Department personnel who request such support.", "id": "idf9af86dadf23495ead5d49a79d474001", "header": "Requirement to provide cyber protection support", "nested": [], "links": [] }, { "text": "(c) Nature of cyber protection support \nSubject to the availability of resources, the cyber protection support provided to personnel pursuant to subsection (b) may include training, advice, assistance, and other services relating to protection against cyber attacks and hostile information collection activities.", "id": "id0e118353f7f843c0aa77449f15971718", "header": "Nature of cyber protection support", "nested": [], "links": [] }, { "text": "(d) Privacy protections for personal devices \nThe Department is prohibited pursuant to this section from accessing or retrieving any information from any personal technology device or personal account of Department employees unless— (1) access or information retrieval is necessary for carrying out the cyber protection support specified in this section; and (2) the Department has received explicit consent from the employee to access a personal technology device or personal account prior to each time such device or account is accessed.", "id": "id34bcc8fc381044f2bde6dce4c058c47e", "header": "Privacy protections for personal devices", "nested": [], "links": [] }, { "text": "(e) Rule of construction \nNothing in this section may be construed— (1) to encourage Department personnel to use personal technology devices for official business; or (2) to authorize cyber protection support for senior Department personnel using personal devices, networks, and personal accounts in an official capacity.", "id": "idca05315143f84c1d9241100ce88e2ea6", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(f) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees regarding the provision of cyber protection support pursuant to subsection (b), which shall include— (1) a description of the methodology used to make the determination under subsection (a)(1); and (2) guidance for the use of cyber protection support and tracking of support requests for personnel receiving cyber protection support pursuant to subsection (b).", "id": "id54f32a74d5b94936be9e2ca043e74f26", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "6401. Personal services contractors \n(a) Exigent circumstances and crisis response \nTo assist the Department in addressing and responding to exigent circumstances and urgent crises abroad, the Department is authorized to employ, domestically and abroad, a limited number of personal services contractors in order to meet exigent needs, subject to the requirements of this section. (b) Authority \nThe authority to employ personal services contractors is in addition to any existing authorities to enter into personal services contracts and authority provided in the Afghanistan Supplemental Appropriations Act, 2022 (division C of Public Law 117–43 ). (c) Employing and allocation of personnel \nTo meet the needs described in subsection (a) and subject to the requirements in subsection (d), the Department may— (1) enter into contracts to employ a total of up to 100 personal services contractors at any given time for each of fiscal years 2024, 2025, and 2026; and (2) allocate up to 20 personal services contractors to a given bureau, without regard to the sources of funding such office relies on to compensate individuals. (d) Limitation \nEmployment authorized by this section shall not exceed two calendar years. (e) Notification and reporting to Congress \n(1) Notification \nNot later than 15 days after the use of authority under this section, the Secretary shall notify the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives of the number of personal services contractors being employed, the expected length of employment, the relevant bureau, the purpose for using personal services contractors, and the justification, including the exigent circumstances requiring such use. (2) Annual reporting \nNot later than 60 days after the end of each fiscal year, the Department shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report describing the number of personal services contractors employed pursuant to this section for the prior fiscal year, the length of employment, the relevant bureau by which they were employed pursuant to this section, the purpose for using personal services contractors, disaggregated demographic data of such contractors, and the justification for the employment, including the exigent circumstances.", "id": "id0ea83fe079a94e319cff940ee9944338", "header": "Personal services contractors", "nested": [ { "text": "(a) Exigent circumstances and crisis response \nTo assist the Department in addressing and responding to exigent circumstances and urgent crises abroad, the Department is authorized to employ, domestically and abroad, a limited number of personal services contractors in order to meet exigent needs, subject to the requirements of this section.", "id": "idf00ded1e0c2c4a3a94c363583aa9cc4c", "header": "Exigent circumstances and crisis response", "nested": [], "links": [] }, { "text": "(b) Authority \nThe authority to employ personal services contractors is in addition to any existing authorities to enter into personal services contracts and authority provided in the Afghanistan Supplemental Appropriations Act, 2022 (division C of Public Law 117–43 ).", "id": "id9c5fee92994e43b8b73819ea61e730ca", "header": "Authority", "nested": [], "links": [ { "text": "Public Law 117–43", "legal-doc": "public-law", "parsable-cite": "pl/117/43" } ] }, { "text": "(c) Employing and allocation of personnel \nTo meet the needs described in subsection (a) and subject to the requirements in subsection (d), the Department may— (1) enter into contracts to employ a total of up to 100 personal services contractors at any given time for each of fiscal years 2024, 2025, and 2026; and (2) allocate up to 20 personal services contractors to a given bureau, without regard to the sources of funding such office relies on to compensate individuals.", "id": "idbe7531025c594a6285bded5fc2575fa5", "header": "Employing and allocation of personnel", "nested": [], "links": [] }, { "text": "(d) Limitation \nEmployment authorized by this section shall not exceed two calendar years.", "id": "id9d52880c887f475e87dd023f06955557", "header": "Limitation", "nested": [], "links": [] }, { "text": "(e) Notification and reporting to Congress \n(1) Notification \nNot later than 15 days after the use of authority under this section, the Secretary shall notify the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives of the number of personal services contractors being employed, the expected length of employment, the relevant bureau, the purpose for using personal services contractors, and the justification, including the exigent circumstances requiring such use. (2) Annual reporting \nNot later than 60 days after the end of each fiscal year, the Department shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report describing the number of personal services contractors employed pursuant to this section for the prior fiscal year, the length of employment, the relevant bureau by which they were employed pursuant to this section, the purpose for using personal services contractors, disaggregated demographic data of such contractors, and the justification for the employment, including the exigent circumstances.", "id": "id95af5224dd754a8192e8094744d880f3", "header": "Notification and reporting to Congress", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–43", "legal-doc": "public-law", "parsable-cite": "pl/117/43" } ] }, { "text": "6402. Hard-to-fill posts \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the number of hard-to-fill vacancies at United States diplomatic missions is far too high, particularly in Sub-Saharan Africa; (2) these vacancies— (A) adversely impact the Department’s execution of regional strategies; (B) hinder the ability of the United States to effectively compete with strategic competitors, such as the People’s Republic of China and the Russian Federation; and (C) present a clear national security risk to the United States; and (3) if the Department is unable to incentivize officers to accept hard-to-fill positions, the Department should consider directed assignments, particularly for posts in Africa, and other means to more effectively advance the national interests of the United States. (b) Report on development of incentives for hard-to-fill posts \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on efforts to develop new incentives for hard-to-fill positions at United States diplomatic missions. The report shall include a description of the incentives developed to date and proposals to try to more effectively fill hard-to-fill posts. (c) Study on feasibility of allowing non-Consular Foreign Service officers given directed Consular posts to volunteer for hard-to-fill posts in understaffed regions \n(1) Study \n(A) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall conduct a study on— (i) the number of Foreign Service positions vacant for six months or longer at overseas posts, including for consular, political, and economic positions, over the last five years, broken down by region, and a comparison of the proportion of vacancies between regions; and (ii) the feasibility of allowing first-tour Foreign Service generalists in non-Consular cones, directed for a consular tour, to volunteer for reassignment at hard-to-fill posts in understaffed regions. (B) Matters to be considered \nThe study conducted under subparagraph (A) shall consider whether allowing first-tour Foreign Service generalists to volunteer as described in such subparagraph would address current vacancies and what impact the new mechanism would have on consular operations. (2) Report \nNot later than 60 days after completing the study required under paragraph (1), the Secretary shall submit to the appropriate congressional committees a report containing the findings of the study.", "id": "id2485db1ee2364461b217cdaef1b6ea16", "header": "Hard-to-fill posts", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that— (1) the number of hard-to-fill vacancies at United States diplomatic missions is far too high, particularly in Sub-Saharan Africa; (2) these vacancies— (A) adversely impact the Department’s execution of regional strategies; (B) hinder the ability of the United States to effectively compete with strategic competitors, such as the People’s Republic of China and the Russian Federation; and (C) present a clear national security risk to the United States; and (3) if the Department is unable to incentivize officers to accept hard-to-fill positions, the Department should consider directed assignments, particularly for posts in Africa, and other means to more effectively advance the national interests of the United States.", "id": "id9b6466ba622f4f0da92bc7911eee70d8", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Report on development of incentives for hard-to-fill posts \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on efforts to develop new incentives for hard-to-fill positions at United States diplomatic missions. The report shall include a description of the incentives developed to date and proposals to try to more effectively fill hard-to-fill posts.", "id": "idc622465f6baa47bf980c179708c4ffa4", "header": "Report on development of incentives for hard-to-fill posts", "nested": [], "links": [] }, { "text": "(c) Study on feasibility of allowing non-Consular Foreign Service officers given directed Consular posts to volunteer for hard-to-fill posts in understaffed regions \n(1) Study \n(A) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall conduct a study on— (i) the number of Foreign Service positions vacant for six months or longer at overseas posts, including for consular, political, and economic positions, over the last five years, broken down by region, and a comparison of the proportion of vacancies between regions; and (ii) the feasibility of allowing first-tour Foreign Service generalists in non-Consular cones, directed for a consular tour, to volunteer for reassignment at hard-to-fill posts in understaffed regions. (B) Matters to be considered \nThe study conducted under subparagraph (A) shall consider whether allowing first-tour Foreign Service generalists to volunteer as described in such subparagraph would address current vacancies and what impact the new mechanism would have on consular operations. (2) Report \nNot later than 60 days after completing the study required under paragraph (1), the Secretary shall submit to the appropriate congressional committees a report containing the findings of the study.", "id": "id63e70a44b1e94678acd58e79923bc827", "header": "Study on feasibility of allowing non-Consular Foreign Service officers given directed Consular posts to volunteer for hard-to-fill posts in understaffed regions", "nested": [], "links": [] } ], "links": [] }, { "text": "6403. Enhanced oversight of the Office of Civil Rights \n(a) Report with recommendations and management structure \nNot later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report with any recommendations for the long-term structure and management of the Office of Civil Rights (OCR), including— (1) an assessment of the strengths and weaknesses of OCR’s investigative processes and procedures; (2) any changes made within OCR to its investigative processes to improve the integrity and thoroughness of its investigations; and (3) any recommendations to improve the management structure, investigative process, and oversight of the Office.", "id": "idd792a3f78f154d90bb77c89bcb02ec76", "header": "Enhanced oversight of the Office of Civil Rights", "nested": [ { "text": "(a) Report with recommendations and management structure \nNot later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report with any recommendations for the long-term structure and management of the Office of Civil Rights (OCR), including— (1) an assessment of the strengths and weaknesses of OCR’s investigative processes and procedures; (2) any changes made within OCR to its investigative processes to improve the integrity and thoroughness of its investigations; and (3) any recommendations to improve the management structure, investigative process, and oversight of the Office.", "id": "id4567c7683fd0475fad882c8330739062", "header": "Report with recommendations and management structure", "nested": [], "links": [] } ], "links": [] }, { "text": "6404. Crisis response operations \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall institute the following changes and ensure that the following elements have been integrated into the ongoing crisis response management and response by the Crisis Management and Strategy Office: (1) The Department’s crisis response planning and operations shall conduct, maintain, and update on a regular basis contingency plans for posts and regions experiencing or vulnerable to conflict or emergency conditions, including armed conflict, national disasters, significant political or military upheaval, and emergency evacuations. (2) The Department’s crisis response efforts shall be led by an individual with significant experience responding to prior crises, who shall be so designated by the Secretary. (3) The Department’s crisis response efforts shall provide at least quarterly updates to the Secretary and other relevant senior officials, including a plan and schedule to develop contingency planning for identified posts and regions consistent with paragraph (1). (4) The decision to develop contingency planning for any particular post or region shall be made independent of any regional bureau. (5) The crisis response team shall develop and maintain best practices for evacuations, closures, and emergency conditions. (b) Update \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for the next five years, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives an update outlining the steps taken to implement this section, along with any other recommendations to improve the Department’s crisis management and response operations. (2) Contents \nEach update submitted pursuant to paragraph (1) should include— (A) a list of the posts whose contingency plans, including any noncombatant evacuation contingencies, has been reviewed and updated as appropriate during the preceding 180 days; and (B) an assessment of the Secretary’s confidence that each post— (i) has continuously reached out to United States persons in country to maintain and update contact information for as many such persons as practicable; and (ii) is prepared to communicate with such persons in an emergency or crisis situation. (3) Form \nEach update submitted pursuant to paragraph (1) shall be submitted in unclassified form, but may include a classified annex.", "id": "id5c128d92aca8464b941e7dd31cfa09d4", "header": "Crisis response operations", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall institute the following changes and ensure that the following elements have been integrated into the ongoing crisis response management and response by the Crisis Management and Strategy Office: (1) The Department’s crisis response planning and operations shall conduct, maintain, and update on a regular basis contingency plans for posts and regions experiencing or vulnerable to conflict or emergency conditions, including armed conflict, national disasters, significant political or military upheaval, and emergency evacuations. (2) The Department’s crisis response efforts shall be led by an individual with significant experience responding to prior crises, who shall be so designated by the Secretary. (3) The Department’s crisis response efforts shall provide at least quarterly updates to the Secretary and other relevant senior officials, including a plan and schedule to develop contingency planning for identified posts and regions consistent with paragraph (1). (4) The decision to develop contingency planning for any particular post or region shall be made independent of any regional bureau. (5) The crisis response team shall develop and maintain best practices for evacuations, closures, and emergency conditions.", "id": "ide8d387f5585e4e63b481cdbb2446c14c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Update \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for the next five years, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives an update outlining the steps taken to implement this section, along with any other recommendations to improve the Department’s crisis management and response operations. (2) Contents \nEach update submitted pursuant to paragraph (1) should include— (A) a list of the posts whose contingency plans, including any noncombatant evacuation contingencies, has been reviewed and updated as appropriate during the preceding 180 days; and (B) an assessment of the Secretary’s confidence that each post— (i) has continuously reached out to United States persons in country to maintain and update contact information for as many such persons as practicable; and (ii) is prepared to communicate with such persons in an emergency or crisis situation. (3) Form \nEach update submitted pursuant to paragraph (1) shall be submitted in unclassified form, but may include a classified annex.", "id": "idddf58145462a41928e2d79cff5e61b10", "header": "Update", "nested": [], "links": [] } ], "links": [] }, { "text": "6405. Special Envoy to the Pacific Islands Forum \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the United States must increase its diplomatic activity and presence in the Pacific, particularly among Pacific Island nations; and (2) the Special Envoy to the Pacific Islands Forum— (A) should advance the United States partnership with Pacific Island Forum nations and with the organization itself on key issues of importance to the Pacific region; and (B) should coordinate policies across the Pacific region with like-minded democracies. (b) Appointment of Special Envoy to the Pacific Islands Forum \nSection 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ), as amended by section 6304, is further amended by adding at the end the following new subsection: (o) Special envoy to the pacific islands forum \n(1) Appointment \nThe President shall appoint, by and with the advice and consent of the Senate, a qualified individual to serve as Special Envoy to the Pacific Islands Forum (referred to in this section as the Special Envoy ). (2) Considerations \n(A) Selection \nThe Special Envoy shall be— (i) a United States Ambassador to a country that is a member of the Pacific Islands Forum; or (ii) a qualified individual who is not described in clause (i). (B) Limitations \nIf the President appoints an Ambassador to a country that is a member of the Pacific Islands Forum to serve concurrently as the Special Envoy to the Pacific Islands Forum, such Ambassador— (i) may not begin service as the Special Envoy until he or she has been confirmed by the Senate for an ambassadorship to a country that is a member of the Pacific Islands Forum; and (ii) shall not receive additional compensation for his or her service as Special Envoy. (3) Duties \nThe Special Envoy shall— (A) represent the United States in its role as dialogue partner to the Pacific Islands Forum; and (B) carry out such other duties as the President or the Secretary of State may prescribe.. (c) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that describes how the Department will increase its ability to recruit and retain highly-qualified ambassadors, special envoys, and other senior personnel in posts in Pacific island countries as the Department expands its diplomatic footprint throughout the region.", "id": "id7901745df31042609269d13a06f97d7b", "header": "Special Envoy to the Pacific Islands Forum", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that— (1) the United States must increase its diplomatic activity and presence in the Pacific, particularly among Pacific Island nations; and (2) the Special Envoy to the Pacific Islands Forum— (A) should advance the United States partnership with Pacific Island Forum nations and with the organization itself on key issues of importance to the Pacific region; and (B) should coordinate policies across the Pacific region with like-minded democracies.", "id": "id703046c938c245779bc19131ef9036bd", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Appointment of Special Envoy to the Pacific Islands Forum \nSection 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ), as amended by section 6304, is further amended by adding at the end the following new subsection: (o) Special envoy to the pacific islands forum \n(1) Appointment \nThe President shall appoint, by and with the advice and consent of the Senate, a qualified individual to serve as Special Envoy to the Pacific Islands Forum (referred to in this section as the Special Envoy ). (2) Considerations \n(A) Selection \nThe Special Envoy shall be— (i) a United States Ambassador to a country that is a member of the Pacific Islands Forum; or (ii) a qualified individual who is not described in clause (i). (B) Limitations \nIf the President appoints an Ambassador to a country that is a member of the Pacific Islands Forum to serve concurrently as the Special Envoy to the Pacific Islands Forum, such Ambassador— (i) may not begin service as the Special Envoy until he or she has been confirmed by the Senate for an ambassadorship to a country that is a member of the Pacific Islands Forum; and (ii) shall not receive additional compensation for his or her service as Special Envoy. (3) Duties \nThe Special Envoy shall— (A) represent the United States in its role as dialogue partner to the Pacific Islands Forum; and (B) carry out such other duties as the President or the Secretary of State may prescribe..", "id": "id4171bfa32a7443f884b2c86f71a223d7", "header": "Appointment of Special Envoy to the Pacific Islands Forum", "nested": [], "links": [ { "text": "22 U.S.C. 2651a", "legal-doc": "usc", "parsable-cite": "usc/22/2651a" } ] }, { "text": "(c) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that describes how the Department will increase its ability to recruit and retain highly-qualified ambassadors, special envoys, and other senior personnel in posts in Pacific island countries as the Department expands its diplomatic footprint throughout the region.", "id": "idbe55030024b34f259c0358db3a9ffc10", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2651a", "legal-doc": "usc", "parsable-cite": "usc/22/2651a" } ] }, { "text": "6406. Special Envoy for Belarus \n(a) Special Envoy \nThe President shall appoint a Special Envoy for Belarus within the Department (referred to in this section as the Special Envoy ). The Special Envoy should be a person of recognized distinction in the field of European security, geopolitics, democracy and human rights, and may be a career Foreign Service officer. (b) Central objective \nThe central objective of the Special Envoy is to coordinate and promote efforts— (1) to improve respect for the fundamental human rights of the people of Belarus; (2) to sustain focus on the national security implications of Belarus’s political and military alignment for the United States; and (3) to respond to the political, economic, and security impacts of events in Belarus upon neighboring countries and the wider region. (c) Duties and responsibilities \nThe Special Envoy shall— (1) engage in discussions with Belarusian officials regarding human rights, political, economic and security issues in Belarus; (2) support international efforts to promote human rights and political freedoms in Belarus, including coordination and dialogue between the United States and the United Nations, the Organization for Security and Cooperation in Europe, the European Union, Belarus, and the other countries in Eastern Europe; (3) consult with nongovernmental organizations that have attempted to address human rights and political and economic instability in Belarus; (4) make recommendations regarding the funding of activities promoting human rights, democracy, the rule of law, and the development of a market economy in Belarus; (5) review strategies for improving protection of human rights in Belarus, including technical training and exchange programs; (6) develop an action plan for holding to account the perpetrators of the human rights violations documented in the United Nations High Commissioner for Human Rights report on the situation of human rights in Belarus in the run-up to the 2020 presidential election and its aftermath (Human Rights Council Resolution 49/36); (7) engage with member countries of the North Atlantic Treaty Organization, the Organization for Security and Cooperation in Europe and the European Union with respect to the implications of Belarus’s political and security alignment for transatlantic security; and (8) work within the Department and among partnering countries to sustain focus on the political situation in Belarus. (d) Role \nThe position of Special Envoy— (1) shall be a full-time position; (2) may not be combined with any other position within the Department; (3) shall only exist as long as United States diplomatic operations in Belarus at United States Embassy Minsk have been suspended; and (4) shall oversee the operations and personnel of the Belarus Affairs Unit. (e) Report on activities \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary, in consultation with the Special Envoy, shall submit a report to the appropriate congressional committees that describes the activities undertaken pursuant to subsection (c) during the reporting period. (f) Sunset \nThe position of Special Envoy for Belarus Affairs and the authorities provided by this section shall terminate 5 years after the date of the enactment of this Act.", "id": "ide06371d0c66b4e3d889d876fa748944a", "header": "Special Envoy for Belarus", "nested": [ { "text": "(a) Special Envoy \nThe President shall appoint a Special Envoy for Belarus within the Department (referred to in this section as the Special Envoy ). The Special Envoy should be a person of recognized distinction in the field of European security, geopolitics, democracy and human rights, and may be a career Foreign Service officer.", "id": "id293b46d856e4420c82f59b3b3e770a85", "header": "Special Envoy", "nested": [], "links": [] }, { "text": "(b) Central objective \nThe central objective of the Special Envoy is to coordinate and promote efforts— (1) to improve respect for the fundamental human rights of the people of Belarus; (2) to sustain focus on the national security implications of Belarus’s political and military alignment for the United States; and (3) to respond to the political, economic, and security impacts of events in Belarus upon neighboring countries and the wider region.", "id": "id5455434c4e5342dba506d6eaa8633bd1", "header": "Central objective", "nested": [], "links": [] }, { "text": "(c) Duties and responsibilities \nThe Special Envoy shall— (1) engage in discussions with Belarusian officials regarding human rights, political, economic and security issues in Belarus; (2) support international efforts to promote human rights and political freedoms in Belarus, including coordination and dialogue between the United States and the United Nations, the Organization for Security and Cooperation in Europe, the European Union, Belarus, and the other countries in Eastern Europe; (3) consult with nongovernmental organizations that have attempted to address human rights and political and economic instability in Belarus; (4) make recommendations regarding the funding of activities promoting human rights, democracy, the rule of law, and the development of a market economy in Belarus; (5) review strategies for improving protection of human rights in Belarus, including technical training and exchange programs; (6) develop an action plan for holding to account the perpetrators of the human rights violations documented in the United Nations High Commissioner for Human Rights report on the situation of human rights in Belarus in the run-up to the 2020 presidential election and its aftermath (Human Rights Council Resolution 49/36); (7) engage with member countries of the North Atlantic Treaty Organization, the Organization for Security and Cooperation in Europe and the European Union with respect to the implications of Belarus’s political and security alignment for transatlantic security; and (8) work within the Department and among partnering countries to sustain focus on the political situation in Belarus.", "id": "idcbe4f5cc39d4479793165e3237b89f00", "header": "Duties and responsibilities", "nested": [], "links": [] }, { "text": "(d) Role \nThe position of Special Envoy— (1) shall be a full-time position; (2) may not be combined with any other position within the Department; (3) shall only exist as long as United States diplomatic operations in Belarus at United States Embassy Minsk have been suspended; and (4) shall oversee the operations and personnel of the Belarus Affairs Unit.", "id": "idc81ccca7f0ee4aceb232a7a09c77fe11", "header": "Role", "nested": [], "links": [] }, { "text": "(e) Report on activities \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary, in consultation with the Special Envoy, shall submit a report to the appropriate congressional committees that describes the activities undertaken pursuant to subsection (c) during the reporting period.", "id": "id73cc795f1d714f419760702a05f0a59f", "header": "Report on activities", "nested": [], "links": [] }, { "text": "(f) Sunset \nThe position of Special Envoy for Belarus Affairs and the authorities provided by this section shall terminate 5 years after the date of the enactment of this Act.", "id": "idb2f4e14f6b1e4021a7b1f4d6c2bd0b79", "header": "Sunset", "nested": [], "links": [] } ], "links": [] }, { "text": "6407. Overseas placement of special appointment positions \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on current special appointment positions at United States diplomatic missions that do not exercise significant authority, and all positions under schedule B or schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, at United States diplomatic missions. The report shall include the title and responsibilities of each position, the expected duration of the position, the name of the individual currently appointed to the position, and the hiring authority utilized to fill the position.", "id": "idf2f6b10872204e6c99fce7002509bb1f", "header": "Overseas placement of special appointment positions", "nested": [], "links": [] }, { "text": "6408. Resources for United States nationals unlawfully or wrongfully detained abroad \nSection 302(d) of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741(d) ) is amended— (1) in the subsection heading, by striking Resource guidance and inserting Resources for United States nationals unlawfully or wrongfully detained abroad ; (2) in paragraph (1), by striking the paragraph heading and all that follows through Not later than and inserting the following: (1) Resource guidance \n(A) In general \nNot later than ; (3) in paragraph (2), by redesignating subparagraphs (A), (B), (C), (D), and (E) and clauses (i), (ii), (iii), (iv), and (v), respectively, and moving such clauses (as so redesignated) 2 ems to the right; (4) by redesignating paragraph (2) as subparagraph (B) and moving such subparagraph (as so redesignated) 2 ems to the right; (5) in subparagraph (B), as redesignated by paragraph (4), by striking paragraph (1) and inserting subparagraph (A) ; and (6) by adding at the end the following: (2) Travel assistance \n(A) Family advocacy \nFor the purpose of facilitating meetings between the United States Government and the family members of United States nationals unlawfully or wrongfully detained abroad, the Secretary shall provide financial assistance to cover the costs of travel to Washington, D.C., including travel by air, train, bus, or other transit as appropriate, to any individual who— (i) is— (I) a family member of a United States national unlawfully or wrongfully detained abroad as determined by the Secretary under subsection (a); or (II) an appropriate individual who— (aa) is approved by the Special Presidential Envoy for Hostage Affairs; and (bb) does not represent in any legal capacity a United States national unlawfully or wrongfully detained abroad or the family of such United States national; (ii) has a permanent address that is more than 50 miles from Washington, D.C.; and (iii) requests such assistance. (B) Travel and lodging \n(i) In general \nFor each such United States national unlawfully or wrongfully detained abroad, the financial assistance described in subparagraph (A) shall be provided for not more than 2 trips per fiscal year, unless the Special Presidential Envoy for Hostage Affairs determines that a third trip is warranted. (ii) Limitations \nAny trip described in clause (i) shall— (I) consist of not more than 2 family members or other individuals approved in accordance with subparagraph (A)(i)(II), unless the Special Presidential Envoy for Hostage Affairs determines that circumstances warrant an additional family member or other individual approved in accordance with subparagraph (A)(i)(II) and approves assistance to such third family member or other individual; and (II) not exceed more than 2 nights lodging, which shall not exceed the applicable government rate. (C) Return travel \nIf other United States Government assistance is unavailable, the Secretary may provide to a United States national unlawfully or wrongfully detained abroad as determined by the Secretary under subsection (a), compensation and assistance, as necessary, for return travel to the United States upon release of such United States national. (3) Support \nThe Secretary shall seek to make available operational psychologists and clinical social workers, to support the mental health and well-being of— (A) any United States national unlawfully or wrongfully detained abroad; and (B) any family member of such United States national, with regard to the psychological, social, and mental health effects of such unlawful or wrongful detention. (4) Notification requirement \nThe Secretary shall notify the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives of any amount spent above $250,000 for any fiscal year to carry out paragraphs (2) and (3). (5) Report \nNot later than 90 days after the end of each fiscal year, the Secretary shall submit to the Committees on Foreign Relations and Appropriations of the Senate and the Committee on Foreign Affairs and Appropriations of the House of Representatives a report that includes— (A) a detailed description of expenditures made pursuant to paragraphs (2) and (3); (B) a detailed description of support provided pursuant to paragraph (3) and the individuals providing such support; and (C) the number and location of visits outside of Washington, D.C., during the prior fiscal year made by the Special Presidential Envoy for Hostage Affairs to family members of each United States national unlawfully or wrongfully detained abroad. (6) Sunset \nThe authority and requirements under paragraphs (2), (3), (4), and (5) shall terminate on December 31, 2027. (7) Family member defined \nIn this subsection, the term family member means a spouse, father, mother, child, brother, sister, grandparent, grandchild, aunt, uncle, nephew, niece, cousin, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister..", "id": "id2A79303B95DE40F581272269B2B5AE4D", "header": "Resources for United States nationals unlawfully or wrongfully detained abroad", "nested": [], "links": [ { "text": "22 U.S.C. 1741(d)", "legal-doc": "usc", "parsable-cite": "usc/22/1741" } ] }, { "text": "6501. Report on recruitment, retention, and promotion of Foreign Service economic officers \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees regarding the recruitment, retention, and promotion of economic officers in the Foreign Service. (b) Elements \nThe report required under subsection (b) shall include— (1) an overview of the key challenges the Department faces in— (A) recruiting individuals to serve as economic officers in the Foreign Service; and (B) retaining individuals serving as economic officers in the Foreign Service, particularly at the level of GS–14 of the General Schedule and higher; (2) an overview of the key challenges in recruiting and retaining qualified individuals to serve in economic positions in the Civil Service; (3) a comparison of promotion rates for economic officers in the Foreign Service relative to other officers in the Foreign Service; (4) a summary of the educational history and training of current economic officers in the Foreign Service and Civil Service officers serving in economic positions; (5) the identification, disaggregated by region, of hard-to-fill posts and proposed incentives to improve staffing of economic officers in the Foreign Service at such posts; (6) a summary and analysis of the factors that lead to the promotion of— (A) economic officers in the Foreign Service; and (B) individuals serving in economic positions in the Civil Service; and (7) a summary and analysis of current Department-funded or run training opportunities and externally-funded programs, including the Secretary’s Leadership Seminar at Harvard Business School, for— (A) economic officers in the Foreign Service; and (B) individuals serving in economic positions in the Civil Service.", "id": "idc2bcc80e2b4848669154ec6f8efd5d8b", "header": "Report on recruitment, retention, and promotion of Foreign Service economic officers", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees regarding the recruitment, retention, and promotion of economic officers in the Foreign Service.", "id": "idf779d894806b4fe69b3745e533c0b81b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required under subsection (b) shall include— (1) an overview of the key challenges the Department faces in— (A) recruiting individuals to serve as economic officers in the Foreign Service; and (B) retaining individuals serving as economic officers in the Foreign Service, particularly at the level of GS–14 of the General Schedule and higher; (2) an overview of the key challenges in recruiting and retaining qualified individuals to serve in economic positions in the Civil Service; (3) a comparison of promotion rates for economic officers in the Foreign Service relative to other officers in the Foreign Service; (4) a summary of the educational history and training of current economic officers in the Foreign Service and Civil Service officers serving in economic positions; (5) the identification, disaggregated by region, of hard-to-fill posts and proposed incentives to improve staffing of economic officers in the Foreign Service at such posts; (6) a summary and analysis of the factors that lead to the promotion of— (A) economic officers in the Foreign Service; and (B) individuals serving in economic positions in the Civil Service; and (7) a summary and analysis of current Department-funded or run training opportunities and externally-funded programs, including the Secretary’s Leadership Seminar at Harvard Business School, for— (A) economic officers in the Foreign Service; and (B) individuals serving in economic positions in the Civil Service.", "id": "idc6348d562665498d92cb29d511ec29bc", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "6502. Mandate to revise Department of State metrics for successful economic and commercial diplomacy \n(a) Mandate to revise department of state performance measures for economic and commercial diplomacy \nThe Secretary shall, as part of the Department’s next regularly scheduled review on metrics and performance measures, include revisions of Department performance measures for economic and commercial diplomacy, by identifying outcome-oriented, and not process-oriented, performance metrics, including metrics that— (1) measure how Department efforts advanced specific economic and commercial objectives and led to successes for the United States or other private sector actors overseas; and (2) focus on customer satisfaction with Department services and assistance. (b) Plan for ensuring complete data for performance measures \nAs part of the review required under subsection (a), the Secretary shall include a plan for ensuring that— (1) the Department, both at its main headquarters and at domestic and overseas posts, maintains and fully updates data on performance measures; and (2) Department leadership and the appropriate congressional committees can evaluate the extent to which the Department is advancing United States economic and commercial interests abroad through meeting performance targets. (c) Report on private sector surveys \nThe Secretary shall prepare a report that lists and describes all the methods through which the Department conducts surveys of the private sector to measure private sector satisfaction with assistance and services provided by the Department to advance private sector economic and commercial goals in foreign markets. (d) Report \nNot later than 90 days after conducting the review pursuant to subsection (a), the Secretary shall submit to the appropriate congressional committees— (1) the revised performance metrics required under subsection (a); and (2) the report required under subsection (c).", "id": "idfb88385ba4ca4a8f885609f0ffe884f2", "header": "Mandate to revise Department of State metrics for successful economic and commercial diplomacy", "nested": [ { "text": "(a) Mandate to revise department of state performance measures for economic and commercial diplomacy \nThe Secretary shall, as part of the Department’s next regularly scheduled review on metrics and performance measures, include revisions of Department performance measures for economic and commercial diplomacy, by identifying outcome-oriented, and not process-oriented, performance metrics, including metrics that— (1) measure how Department efforts advanced specific economic and commercial objectives and led to successes for the United States or other private sector actors overseas; and (2) focus on customer satisfaction with Department services and assistance.", "id": "id531acc2167fb43e088d698dd60679c56", "header": "Mandate to revise department of state performance measures for economic and commercial diplomacy", "nested": [], "links": [] }, { "text": "(b) Plan for ensuring complete data for performance measures \nAs part of the review required under subsection (a), the Secretary shall include a plan for ensuring that— (1) the Department, both at its main headquarters and at domestic and overseas posts, maintains and fully updates data on performance measures; and (2) Department leadership and the appropriate congressional committees can evaluate the extent to which the Department is advancing United States economic and commercial interests abroad through meeting performance targets.", "id": "idc79c868b84e84a88b26ce16acbb417fe", "header": "Plan for ensuring complete data for performance measures", "nested": [], "links": [] }, { "text": "(c) Report on private sector surveys \nThe Secretary shall prepare a report that lists and describes all the methods through which the Department conducts surveys of the private sector to measure private sector satisfaction with assistance and services provided by the Department to advance private sector economic and commercial goals in foreign markets.", "id": "idd8556c3e1061418a80cd8f8249e392d8", "header": "Report on private sector surveys", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 90 days after conducting the review pursuant to subsection (a), the Secretary shall submit to the appropriate congressional committees— (1) the revised performance metrics required under subsection (a); and (2) the report required under subsection (c).", "id": "idad8c9a30be2c4586bcfbacb801411f7f", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "6503. Chief of mission economic responsibilities \nSection 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ) is amended by adding at the end the following: (e) Embassy economic team \n(1) Coordination and supervision \nEach chief of mission shall coordinate and supervise the implementation of all United States economic policy interests within the host country in which the diplomatic mission is located, among all United States Government departments and agencies present in such country. (2) Accountability \nThe chief of mission is responsible for the performance of the diplomatic mission in advancing United States economic policy interests within the host country. (3) Mission economic team \nThe chief of mission shall designate appropriate embassy staff to form a mission economic team that— (A) monitors notable economic, commercial, and investment-related developments in the host country; and (B) develops plans and strategies for advancing United States economic and commercial interests in the host country, including— (i) tracking legislative, regulatory, judicial, and policy developments that could affect United States economic, commercial, and investment interests; (ii) advocating for best practices with respect to policy and regulatory developments; (iii) conducting regular analyses of market systems, trends, prospects, and opportunities for value-addition, including risk assessments and constraints analyses of key sectors and of United States strategic competitiveness, and other reporting on commercial opportunities and investment climate; and (iv) providing recommendations for responding to developments that may adversely affect United States economic and commercial interests..", "id": "id9dc29e6669374060bce2d9bd655ac322", "header": "Chief of mission economic responsibilities", "nested": [], "links": [ { "text": "22 U.S.C. 3927", "legal-doc": "usc", "parsable-cite": "usc/22/3927" } ] }, { "text": "6504. Direction to embassy deal teams \n(a) Purposes \nThe purposes of deal teams at United States embassies and consulates are— (1) to promote a private sector-led approach— (A) to advance economic growth and job creation that is tailored, as appropriate, to specific economic sectors; and (B) to advance strategic partnerships; (2) to prioritize efforts— (A) to identify commercial and investment opportunities; (B) to advocate for improvements in the business and investment climate; (C) to engage and consult with private sector partners; and (D) to report on the activities described in subparagraphs (A) through (C), in accordance with the applicable requirements under sections 706 and 707 of the Championing American Business Through Diplomacy Act of 2019 (22 U.S.C. 9902 and 9903); (3) (A) (i) to identify trade and investment opportunities for United States companies in foreign markets; or (ii) to assist with existing trade and investment opportunities already identified by United States companies; and (B) to deploy United States Government economic and other tools to help such United States companies to secure their objectives; (4) to identify and facilitate opportunities for entities in a host country to increase exports to, or investment in, the United States in order to grow two-way trade and investment; (5) to modernize, streamline, and improve access to resources and services designed to promote increased trade and investment opportunities; (6) to identify and secure United States or allied government support of strategic projects, such as ports, railways, energy production and distribution, critical minerals development, telecommunications networks, and other critical infrastructure projects vulnerable to predatory investment by an authoritarian country or entity in such country where support or investment serves an important United States interest; (7) to coordinate across the Unites States Government to ensure the appropriate and most effective use of United States Government tools to support United States economic, commercial, and investment objectives; and (8) to coordinate with the multi-agency DC Central Deal Team, established in February 2020, on the matters described in paragraphs (1) through (7) and other relevant matters. (b) Clarification \nA deal team may be composed of the personnel comprising the mission economic team formed pursuant to section 207(e)(3) of the Foreign Service Act of 1980, as added by section 6503. (c) Restrictions \nA deal team may not provide support for, or assist a United States person with a transaction involving, a government, or an entity owned or controlled by a government, if the Secretary determines that such government— (1) has repeatedly provided support for acts of international terrorism, as described in— (A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (subtitle B of title XVII of Public Law 115–232 ); (B) section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ); (C) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ); or (D) any other relevant provision of law; or (2) has engaged in an activity that would trigger a restriction under section 116(a) or 502B(a)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant provision of law. (d) Further restrictions \n(1) Prohibition on support of sanctioned persons \nDeal teams may not carry out activities prohibited under United States sanctions laws or regulations, including dealings with persons on the list of specially designated persons and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, except to the extent otherwise authorized by the Secretary of the Treasury or the Secretary. (2) Prohibition on support of activities subject to sanctions \nAny person receiving support from a deal team must be in compliance with all United States sanctions laws and regulations as a condition for receiving such assistance. (e) Chief of mission authority and accountability \nThe chief of mission to a foreign country— (1) is the designated leader of a deal team in such country; and (2) shall be held accountable for the performance and effectiveness of United States deal teams in such country. (f) Guidance cable \nThe Department shall send out regular guidance on Deal Team efforts by an All Diplomatic and Consular Posts (referred to in this section as ALDAC ) that— (1) describes the role of deal teams; and (2) includes relevant and up-to-date information to enhance the effectiveness of deal teams in a country. (g) Confidentiality of information \n(1) In general \nIn preparing the cable required under subsection (f), the Secretary shall protect from disclosure any proprietary information of a United States person marked as business confidential information unless the person submitting such information— (A) had notice, at the time of submission, that such information would be released by; or (B) subsequently consents to the release of such information. (2) Treatment as trade secrets \nProprietary information obtained by the United States Government from a United States person pursuant to the activities of deal teams shall be— (A) considered to be trade secrets and commercial or financial information (as such terms are used under section 552b(c)(4) of title 5, United States Code); and (B) exempt from disclosure without the express approval of the person. (h) Sunset \nThe requirements under subsections (f) through (h) shall terminate on the date that is 5 years after the date of the enactment of this Act.", "id": "id1958af3bf2664f7484b2e48e91746b31", "header": "Direction to embassy deal teams", "nested": [ { "text": "(a) Purposes \nThe purposes of deal teams at United States embassies and consulates are— (1) to promote a private sector-led approach— (A) to advance economic growth and job creation that is tailored, as appropriate, to specific economic sectors; and (B) to advance strategic partnerships; (2) to prioritize efforts— (A) to identify commercial and investment opportunities; (B) to advocate for improvements in the business and investment climate; (C) to engage and consult with private sector partners; and (D) to report on the activities described in subparagraphs (A) through (C), in accordance with the applicable requirements under sections 706 and 707 of the Championing American Business Through Diplomacy Act of 2019 (22 U.S.C. 9902 and 9903); (3) (A) (i) to identify trade and investment opportunities for United States companies in foreign markets; or (ii) to assist with existing trade and investment opportunities already identified by United States companies; and (B) to deploy United States Government economic and other tools to help such United States companies to secure their objectives; (4) to identify and facilitate opportunities for entities in a host country to increase exports to, or investment in, the United States in order to grow two-way trade and investment; (5) to modernize, streamline, and improve access to resources and services designed to promote increased trade and investment opportunities; (6) to identify and secure United States or allied government support of strategic projects, such as ports, railways, energy production and distribution, critical minerals development, telecommunications networks, and other critical infrastructure projects vulnerable to predatory investment by an authoritarian country or entity in such country where support or investment serves an important United States interest; (7) to coordinate across the Unites States Government to ensure the appropriate and most effective use of United States Government tools to support United States economic, commercial, and investment objectives; and (8) to coordinate with the multi-agency DC Central Deal Team, established in February 2020, on the matters described in paragraphs (1) through (7) and other relevant matters.", "id": "ide464e5d9d2c441dbbf23f19ca9385916", "header": "Purposes", "nested": [], "links": [] }, { "text": "(b) Clarification \nA deal team may be composed of the personnel comprising the mission economic team formed pursuant to section 207(e)(3) of the Foreign Service Act of 1980, as added by section 6503.", "id": "id7eee6edb6cff4f0b9ce71c16b0b9ae34", "header": "Clarification", "nested": [], "links": [] }, { "text": "(c) Restrictions \nA deal team may not provide support for, or assist a United States person with a transaction involving, a government, or an entity owned or controlled by a government, if the Secretary determines that such government— (1) has repeatedly provided support for acts of international terrorism, as described in— (A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (subtitle B of title XVII of Public Law 115–232 ); (B) section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ); (C) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ); or (D) any other relevant provision of law; or (2) has engaged in an activity that would trigger a restriction under section 116(a) or 502B(a)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant provision of law.", "id": "idff1212b45e6041fa900ed6a3a564203d", "header": "Restrictions", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "22 U.S.C. 2371(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2371" }, { "text": "22 U.S.C. 2780(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2780" }, { "text": "22 U.S.C. 2151n(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" } ] }, { "text": "(d) Further restrictions \n(1) Prohibition on support of sanctioned persons \nDeal teams may not carry out activities prohibited under United States sanctions laws or regulations, including dealings with persons on the list of specially designated persons and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, except to the extent otherwise authorized by the Secretary of the Treasury or the Secretary. (2) Prohibition on support of activities subject to sanctions \nAny person receiving support from a deal team must be in compliance with all United States sanctions laws and regulations as a condition for receiving such assistance.", "id": "ida1b430f5a57647ea895223e29bff9e16", "header": "Further restrictions", "nested": [], "links": [] }, { "text": "(e) Chief of mission authority and accountability \nThe chief of mission to a foreign country— (1) is the designated leader of a deal team in such country; and (2) shall be held accountable for the performance and effectiveness of United States deal teams in such country.", "id": "id2ffb6c0b004c4de7947dddebfdd0b715", "header": "Chief of mission authority and accountability", "nested": [], "links": [] }, { "text": "(f) Guidance cable \nThe Department shall send out regular guidance on Deal Team efforts by an All Diplomatic and Consular Posts (referred to in this section as ALDAC ) that— (1) describes the role of deal teams; and (2) includes relevant and up-to-date information to enhance the effectiveness of deal teams in a country.", "id": "id1109d2d2d78c4b5f88bf6decf024857c", "header": "Guidance cable", "nested": [], "links": [] }, { "text": "(g) Confidentiality of information \n(1) In general \nIn preparing the cable required under subsection (f), the Secretary shall protect from disclosure any proprietary information of a United States person marked as business confidential information unless the person submitting such information— (A) had notice, at the time of submission, that such information would be released by; or (B) subsequently consents to the release of such information. (2) Treatment as trade secrets \nProprietary information obtained by the United States Government from a United States person pursuant to the activities of deal teams shall be— (A) considered to be trade secrets and commercial or financial information (as such terms are used under section 552b(c)(4) of title 5, United States Code); and (B) exempt from disclosure without the express approval of the person.", "id": "idaf8b67f4ca274b0fa37ad8c161c87a38", "header": "Confidentiality of information", "nested": [], "links": [] }, { "text": "(h) Sunset \nThe requirements under subsections (f) through (h) shall terminate on the date that is 5 years after the date of the enactment of this Act.", "id": "id8199ccb3b2c646b6b4a9d5dc08105ee9", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "22 U.S.C. 2371(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2371" }, { "text": "22 U.S.C. 2780(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2780" }, { "text": "22 U.S.C. 2151n(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" } ] }, { "text": "6505. Establishment of a Deal Team of the Year award \n(a) Establishment \nThe Secretary shall establish a new award, to be known as the Deal Team of the Year Award , and annually present the award to a deal team at one United States mission in each region to recognize outstanding achievements in supporting a United States company or companies pursuing commercial deals abroad or in identifying new deal prospects for United States companies. (b) Award content \n(1) Department of State \nEach member of a deal team receiving an award pursuant to subsection (a) shall receive a certificate that is signed by the Secretary and— (A) in the case of a member of the Foreign Service, is included in the next employee evaluation report; or (B) in the case of a Civil Service employee, is included in the next annual performance review. (2) Other Federal agencies \nIf an award is presented pursuant to subsection (a) to a Federal Government employee who is not employed by the Department, the employing agency may determine whether to provide such employee any recognition or benefits in addition to the recognition or benefits provided by the Department. (c) Eligibility \nAny interagency economics team at a United States overseas mission under chief of mission authority that assists United States companies with identifying, navigating, and securing trade and investment opportunities in a foreign country or that facilitates beneficial foreign investment into the United States is eligible for an award under this section. (d) Report \nNot later than the last day of the fiscal year in which awards are presented pursuant to subsection (a), the Secretary shall submit a report to the appropriate congressional committees that includes— (1) each mission receiving a Deal Team of the Year Award. (2) the names and agencies of each awardee within the recipient deal teams; and (3) a detailed description of the reason such deal teams received such award.", "id": "id10b133b50f7c4f2e8ecf0994814d67c5", "header": "Establishment of a Deal Team of the Year award", "nested": [ { "text": "(a) Establishment \nThe Secretary shall establish a new award, to be known as the Deal Team of the Year Award , and annually present the award to a deal team at one United States mission in each region to recognize outstanding achievements in supporting a United States company or companies pursuing commercial deals abroad or in identifying new deal prospects for United States companies.", "id": "idaeb5d13d3904407cbdf454141fbb2e2b", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Award content \n(1) Department of State \nEach member of a deal team receiving an award pursuant to subsection (a) shall receive a certificate that is signed by the Secretary and— (A) in the case of a member of the Foreign Service, is included in the next employee evaluation report; or (B) in the case of a Civil Service employee, is included in the next annual performance review. (2) Other Federal agencies \nIf an award is presented pursuant to subsection (a) to a Federal Government employee who is not employed by the Department, the employing agency may determine whether to provide such employee any recognition or benefits in addition to the recognition or benefits provided by the Department.", "id": "idd9161e263b6a4e0aabc3d4a4d317fdc9", "header": "Award content", "nested": [], "links": [] }, { "text": "(c) Eligibility \nAny interagency economics team at a United States overseas mission under chief of mission authority that assists United States companies with identifying, navigating, and securing trade and investment opportunities in a foreign country or that facilitates beneficial foreign investment into the United States is eligible for an award under this section.", "id": "id5af16f31c9dd4ae194ea77b1fe085572", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than the last day of the fiscal year in which awards are presented pursuant to subsection (a), the Secretary shall submit a report to the appropriate congressional committees that includes— (1) each mission receiving a Deal Team of the Year Award. (2) the names and agencies of each awardee within the recipient deal teams; and (3) a detailed description of the reason such deal teams received such award.", "id": "id461520f688444b01971809a5eddf8ced", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "6601. Public diplomacy outreach \n(a) Coordination of resources \nThe Administrator of the United States Agency for International Development and the Secretary shall direct public affairs sections at United States embassies and USAID Mission Program Officers at USAID missions to coordinate, enhance and prioritize resources for public diplomacy and awareness campaigns around United States diplomatic and development efforts, including through— (1) the utilization of new media technology for maximum public engagement; and (2) enact coordinated comprehensive community outreach to increase public awareness and understanding and appreciation of United States diplomatic and development efforts. (b) Development outreach and coordination officers \nUSAID should prioritize hiring of additional Development Outreach and Coordination officers in USAID missions to support the purposes of subsection (a). (c) Best practices \nThe Secretary and the Administrator of USAID shall identify 10 countries in which Embassies and USAID missions have successfully executed efforts, including monitoring and evaluation of such efforts, described in (a) and develop best practices to be turned into Department and USAID guidance.", "id": "id2a554212f0a848c4a6cddec989e5b46c", "header": "Public diplomacy outreach", "nested": [ { "text": "(a) Coordination of resources \nThe Administrator of the United States Agency for International Development and the Secretary shall direct public affairs sections at United States embassies and USAID Mission Program Officers at USAID missions to coordinate, enhance and prioritize resources for public diplomacy and awareness campaigns around United States diplomatic and development efforts, including through— (1) the utilization of new media technology for maximum public engagement; and (2) enact coordinated comprehensive community outreach to increase public awareness and understanding and appreciation of United States diplomatic and development efforts.", "id": "idd45e6085d6734ad199d85e75eb65cda5", "header": "Coordination of resources", "nested": [], "links": [] }, { "text": "(b) Development outreach and coordination officers \nUSAID should prioritize hiring of additional Development Outreach and Coordination officers in USAID missions to support the purposes of subsection (a).", "id": "id7b93dfd8babe49209b7b024ad5701b4b", "header": "Development outreach and coordination officers", "nested": [], "links": [] }, { "text": "(c) Best practices \nThe Secretary and the Administrator of USAID shall identify 10 countries in which Embassies and USAID missions have successfully executed efforts, including monitoring and evaluation of such efforts, described in (a) and develop best practices to be turned into Department and USAID guidance.", "id": "idd7e8e771efb04e4fbde9d38e8f6a76d3", "header": "Best practices", "nested": [], "links": [] } ], "links": [] }, { "text": "6602. Modification on use of funds for Radio Free Europe/Radio Liberty \nIn section 308(h) of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6207(h) ) is amended— (1) by striking subparagraphs (1), (3), and (5); and (2) by redesignating paragraphs (2) and (4) as paragraphs (1) and (2), respectively.", "id": "idfaa8cde70c2c45c2ab6a04603ac98318", "header": "Modification on use of funds for Radio Free Europe/Radio Liberty", "nested": [], "links": [ { "text": "22 U.S.C. 6207(h)", "legal-doc": "usc", "parsable-cite": "usc/22/6207" } ] }, { "text": "6603. International broadcasting \n(a) Voice of America \nSection 303 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6202 ) is amended by adding at the end the following: (d) Voice of America operations and structure \n(1) Operations \nThe Director of the Voice of America (VOA)— (A) shall direct and supervise the operations of VOA, including making all major decisions relating its staffing; and (B) may utilize any authorities made available to the United States Agency for Global Media or to its Chief Executive Officer under this Act or under any other Act to carry out its operations in an effective manner. (2) Plan \nNot later than 180 days after the date of the enactment of this Act, the Director of VOA shall submit to the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Homeland Security of the House of Representatives a plan to ensure that the personnel structure of VOA is sufficient to effectively carry out the principles described in subsection (c).. (b) Appointment of Chief Executive Officer \nSection 304 of such Act ( 22 U.S.C. 6203 ) is amended— (1) in subsection (a), by striking as an entity described in section 104 of title 5, United States Code and inserting under the direction of the International Broadcasting Advisory Board ; and (2) in subsection (b)(1), by striking the second sentence and inserting the following: Notwithstanding any other provision of law, when a vacancy arises, until such time as a Chief Executive Officer, to whom sections 3345 through 3349b of title 5, United States Code, shall not apply, is appointed and confirmed by the Senate, an acting Chief Executive Officer shall be appointed by the International Broadcasting Advisory Board and shall continue to serve and exercise the authorities and powers under this title as the sole means of filling such vacancy, for the duration of the vacancy. In the absence of a quorum on the International Broadcasting Advisory Board, the first principal deputy of the United States Agency for Global Media shall serve as acting Chief Executive Officer.. (c) Chief Executive Officer authorities \nSection 305(a)(1) of such Act ( 22 U.S.C. 6204(a)(1) ) is amended by striking To supervise all and inserting To oversee, coordinate, and provide strategic direction for. (d) International Broadcasting Advisory Board \nSection 306(a) of such Act ( 22 U.S.C. 6205(a) ) is amended by striking advise the Chief Executive Officer of and inserting oversee and advise the Chief Executive Officer and. (e) Radio Free Africa; Radio Free Americas \nNot later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the United States Agency for Global Media shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that details the financial and other resources that would be required to establish and operate 2 nonprofit organizations, modeled after Radio Free Europe/Radio Liberty and Radio Free Asia, for the purposes of providing accurate, uncensored, and reliable news and information to— (1) the region of Africa, with respect to Radio Free Africa; and (2) the region of Latin America and the Caribbean, with respect to Radio Free Americas.", "id": "id0ecfd5ffe7be41a9a4e9c284f23a9b96", "header": "International broadcasting", "nested": [ { "text": "(a) Voice of America \nSection 303 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6202 ) is amended by adding at the end the following: (d) Voice of America operations and structure \n(1) Operations \nThe Director of the Voice of America (VOA)— (A) shall direct and supervise the operations of VOA, including making all major decisions relating its staffing; and (B) may utilize any authorities made available to the United States Agency for Global Media or to its Chief Executive Officer under this Act or under any other Act to carry out its operations in an effective manner. (2) Plan \nNot later than 180 days after the date of the enactment of this Act, the Director of VOA shall submit to the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Homeland Security of the House of Representatives a plan to ensure that the personnel structure of VOA is sufficient to effectively carry out the principles described in subsection (c)..", "id": "idea8beb29670c4d4eb478b9c978cbb1e2", "header": "Voice of America", "nested": [], "links": [ { "text": "22 U.S.C. 6202", "legal-doc": "usc", "parsable-cite": "usc/22/6202" } ] }, { "text": "(b) Appointment of Chief Executive Officer \nSection 304 of such Act ( 22 U.S.C. 6203 ) is amended— (1) in subsection (a), by striking as an entity described in section 104 of title 5, United States Code and inserting under the direction of the International Broadcasting Advisory Board ; and (2) in subsection (b)(1), by striking the second sentence and inserting the following: Notwithstanding any other provision of law, when a vacancy arises, until such time as a Chief Executive Officer, to whom sections 3345 through 3349b of title 5, United States Code, shall not apply, is appointed and confirmed by the Senate, an acting Chief Executive Officer shall be appointed by the International Broadcasting Advisory Board and shall continue to serve and exercise the authorities and powers under this title as the sole means of filling such vacancy, for the duration of the vacancy. In the absence of a quorum on the International Broadcasting Advisory Board, the first principal deputy of the United States Agency for Global Media shall serve as acting Chief Executive Officer..", "id": "id82d7c98391534910a80370a49ee2500e", "header": "Appointment of Chief Executive Officer", "nested": [], "links": [ { "text": "22 U.S.C. 6203", "legal-doc": "usc", "parsable-cite": "usc/22/6203" } ] }, { "text": "(c) Chief Executive Officer authorities \nSection 305(a)(1) of such Act ( 22 U.S.C. 6204(a)(1) ) is amended by striking To supervise all and inserting To oversee, coordinate, and provide strategic direction for.", "id": "id8e33d70bbc214d6b942d9a924e0d2961", "header": "Chief Executive Officer authorities", "nested": [], "links": [ { "text": "22 U.S.C. 6204(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/22/6204" } ] }, { "text": "(d) International Broadcasting Advisory Board \nSection 306(a) of such Act ( 22 U.S.C. 6205(a) ) is amended by striking advise the Chief Executive Officer of and inserting oversee and advise the Chief Executive Officer and.", "id": "id95f735e7f8ac4b21831ae6a7a127b814", "header": "International Broadcasting Advisory Board", "nested": [], "links": [ { "text": "22 U.S.C. 6205(a)", "legal-doc": "usc", "parsable-cite": "usc/22/6205" } ] }, { "text": "(e) Radio Free Africa; Radio Free Americas \nNot later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the United States Agency for Global Media shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that details the financial and other resources that would be required to establish and operate 2 nonprofit organizations, modeled after Radio Free Europe/Radio Liberty and Radio Free Asia, for the purposes of providing accurate, uncensored, and reliable news and information to— (1) the region of Africa, with respect to Radio Free Africa; and (2) the region of Latin America and the Caribbean, with respect to Radio Free Americas.", "id": "id83e840c93ef7415ba3ae9f52998a4aaa", "header": "Radio Free Africa; Radio Free Americas", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 6202", "legal-doc": "usc", "parsable-cite": "usc/22/6202" }, { "text": "22 U.S.C. 6203", "legal-doc": "usc", "parsable-cite": "usc/22/6203" }, { "text": "22 U.S.C. 6204(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/22/6204" }, { "text": "22 U.S.C. 6205(a)", "legal-doc": "usc", "parsable-cite": "usc/22/6205" } ] }, { "text": "6604. John Lewis Civil Rights Fellowship program \n(a) In general \nThe Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq. ) is amended by adding at the end the following: 115. John Lewis civil rights fellowship program \n(a) Establishment \nThere is established the John Lewis Civil Rights Fellowship Program (referred to in this section as the Fellowship Program ) within the J. William Fulbright Educational Exchange Program. (b) Purposes \nThe purposes of the Fellowship Program are— (1) to honor the legacy of Representative John Lewis by promoting a greater understanding of the history and tenets of nonviolent civil rights movements; and (2) to advance foreign policy priorities of the United States by promoting studies, research, and international exchange in the subject of nonviolent movements that established and protected civil rights around the world. (c) Administration \nThe Bureau of Educational and Cultural Affairs (referred to in this section as the Bureau ) shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. (d) Selection of fellows \n(1) In general \nThe Board shall annually select qualified individuals to participate in the Fellowship Program. The Bureau may determine the number of fellows selected each year, which, whenever feasible, shall be not fewer than 25. (2) Outreach \n(A) In general \nTo the extent practicable, the Bureau shall conduct outreach at institutions, including— (i) minority serving institutions, including historically Black colleges and universities; and (ii) other appropriate institutions, as determined by the Bureau. (B) Definitions \nIn this paragraph: (i) Historically black college and university \nThe term historically Black college and university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (ii) Minority serving institution \nThe term minority-serving institution means an eligible institution under section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (e) Fellowship orientation \nAnnually, the Bureau shall organize and administer a fellowship orientation, which shall— (1) be held in Washington, D.C., or at another location selected by the Bureau; and (2) include programming to honor the legacy of Representative John Lewis. (f) Structure \n(1) Work plan \nTo carry out the purposes described in subsection (b)— (A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement— (i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and (ii) in a country with an operational Fulbright U.S. Student Program; and (B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. (2) Conferences; presentations \nEach fellow shall— (A) attend a fellowship orientation organized and administered by the Bureau under subsection (e); (B) not later than the date that is 1 year after the end of the fellowship period, attend a fellowship summit organized and administered by the Bureau, which— (i) whenever feasible, shall be held in Atlanta, Georgia, or another location of importance to the civil rights movement in the United States; and (ii) may coincide with other events facilitated by the Bureau; and (C) at such summit, give a presentation on lessons learned during the period of fellowship. (3) Fellowship period \nEach fellowship under this section shall continue for a period determined by the Bureau, which, whenever feasible, shall be not fewer than 10 months. (g) Fellowship award \nThe Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for— (1) the reasonable costs of the fellow during the fellowship period; and (2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2). (h) Annual report \nNot later than 1 year after the date of the completion of the Fellowship Program by the initial cohort of fellows selected under subsection (d), and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the implementation of the Fellowship Program, including— (1) a description of the demographics of the cohort of fellows who completed a fellowship during the preceding 1-year period; (2) a description of internship and research placements, and research projects selected by such cohort, under the Fellowship Program, including feedback from— (A) such cohort on implementation of the Fellowship Program; and (B) the Secretary on lessons learned; and (3) an analysis of trends relating to the diversity of each cohort of fellows and the topics of projects completed since the establishment of the Fellowship Program.. (b) Technical and conforming amendments to the mutual educational and cultural exchange Act of 1961 \nSection 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2460(a) ) is amended— (1) in paragraph (8), by striking ; and and inserting a semicolon; (2) in paragraph (9), by striking the period and inserting ; and ; and (3) by adding at the end the following new paragraph: (10) the John Lewis Civil Rights Fellowship Program established under section 115, which provides funding for international internships and research placements for early- to mid-career individuals from the United States to study nonviolent civil rights movements in self-arranged placements with universities or nongovernmental organizations in foreign countries..", "id": "id69c4b83589f04594821ac51e9004d902", "header": "John Lewis Civil Rights Fellowship program", "nested": [ { "text": "(a) In general \nThe Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq. ) is amended by adding at the end the following: 115. John Lewis civil rights fellowship program \n(a) Establishment \nThere is established the John Lewis Civil Rights Fellowship Program (referred to in this section as the Fellowship Program ) within the J. William Fulbright Educational Exchange Program. (b) Purposes \nThe purposes of the Fellowship Program are— (1) to honor the legacy of Representative John Lewis by promoting a greater understanding of the history and tenets of nonviolent civil rights movements; and (2) to advance foreign policy priorities of the United States by promoting studies, research, and international exchange in the subject of nonviolent movements that established and protected civil rights around the world. (c) Administration \nThe Bureau of Educational and Cultural Affairs (referred to in this section as the Bureau ) shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. (d) Selection of fellows \n(1) In general \nThe Board shall annually select qualified individuals to participate in the Fellowship Program. The Bureau may determine the number of fellows selected each year, which, whenever feasible, shall be not fewer than 25. (2) Outreach \n(A) In general \nTo the extent practicable, the Bureau shall conduct outreach at institutions, including— (i) minority serving institutions, including historically Black colleges and universities; and (ii) other appropriate institutions, as determined by the Bureau. (B) Definitions \nIn this paragraph: (i) Historically black college and university \nThe term historically Black college and university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (ii) Minority serving institution \nThe term minority-serving institution means an eligible institution under section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (e) Fellowship orientation \nAnnually, the Bureau shall organize and administer a fellowship orientation, which shall— (1) be held in Washington, D.C., or at another location selected by the Bureau; and (2) include programming to honor the legacy of Representative John Lewis. (f) Structure \n(1) Work plan \nTo carry out the purposes described in subsection (b)— (A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement— (i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and (ii) in a country with an operational Fulbright U.S. Student Program; and (B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. (2) Conferences; presentations \nEach fellow shall— (A) attend a fellowship orientation organized and administered by the Bureau under subsection (e); (B) not later than the date that is 1 year after the end of the fellowship period, attend a fellowship summit organized and administered by the Bureau, which— (i) whenever feasible, shall be held in Atlanta, Georgia, or another location of importance to the civil rights movement in the United States; and (ii) may coincide with other events facilitated by the Bureau; and (C) at such summit, give a presentation on lessons learned during the period of fellowship. (3) Fellowship period \nEach fellowship under this section shall continue for a period determined by the Bureau, which, whenever feasible, shall be not fewer than 10 months. (g) Fellowship award \nThe Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for— (1) the reasonable costs of the fellow during the fellowship period; and (2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2). (h) Annual report \nNot later than 1 year after the date of the completion of the Fellowship Program by the initial cohort of fellows selected under subsection (d), and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the implementation of the Fellowship Program, including— (1) a description of the demographics of the cohort of fellows who completed a fellowship during the preceding 1-year period; (2) a description of internship and research placements, and research projects selected by such cohort, under the Fellowship Program, including feedback from— (A) such cohort on implementation of the Fellowship Program; and (B) the Secretary on lessons learned; and (3) an analysis of trends relating to the diversity of each cohort of fellows and the topics of projects completed since the establishment of the Fellowship Program..", "id": "id48f67af47aec4479bfce42537ce736d6", "header": "In general", "nested": [], "links": [ { "text": "22 U.S.C. 2451 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2451" }, { "text": "20 U.S.C. 1061", "legal-doc": "usc", "parsable-cite": "usc/20/1061" }, { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" } ] }, { "text": "(b) Technical and conforming amendments to the mutual educational and cultural exchange Act of 1961 \nSection 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2460(a) ) is amended— (1) in paragraph (8), by striking ; and and inserting a semicolon; (2) in paragraph (9), by striking the period and inserting ; and ; and (3) by adding at the end the following new paragraph: (10) the John Lewis Civil Rights Fellowship Program established under section 115, which provides funding for international internships and research placements for early- to mid-career individuals from the United States to study nonviolent civil rights movements in self-arranged placements with universities or nongovernmental organizations in foreign countries..", "id": "id72634faa6b604c4d8a793f76a0962f67", "header": "Technical and conforming amendments to the mutual educational and cultural exchange Act of 1961", "nested": [], "links": [ { "text": "22 U.S.C. 2460(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2460" } ] } ], "links": [ { "text": "22 U.S.C. 2451 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2451" }, { "text": "20 U.S.C. 1061", "legal-doc": "usc", "parsable-cite": "usc/20/1061" }, { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" }, { "text": "22 U.S.C. 2460(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2460" } ] }, { "text": "115. John Lewis civil rights fellowship program \n(a) Establishment \nThere is established the John Lewis Civil Rights Fellowship Program (referred to in this section as the Fellowship Program ) within the J. William Fulbright Educational Exchange Program. (b) Purposes \nThe purposes of the Fellowship Program are— (1) to honor the legacy of Representative John Lewis by promoting a greater understanding of the history and tenets of nonviolent civil rights movements; and (2) to advance foreign policy priorities of the United States by promoting studies, research, and international exchange in the subject of nonviolent movements that established and protected civil rights around the world. (c) Administration \nThe Bureau of Educational and Cultural Affairs (referred to in this section as the Bureau ) shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies. (d) Selection of fellows \n(1) In general \nThe Board shall annually select qualified individuals to participate in the Fellowship Program. The Bureau may determine the number of fellows selected each year, which, whenever feasible, shall be not fewer than 25. (2) Outreach \n(A) In general \nTo the extent practicable, the Bureau shall conduct outreach at institutions, including— (i) minority serving institutions, including historically Black colleges and universities; and (ii) other appropriate institutions, as determined by the Bureau. (B) Definitions \nIn this paragraph: (i) Historically black college and university \nThe term historically Black college and university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (ii) Minority serving institution \nThe term minority-serving institution means an eligible institution under section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (e) Fellowship orientation \nAnnually, the Bureau shall organize and administer a fellowship orientation, which shall— (1) be held in Washington, D.C., or at another location selected by the Bureau; and (2) include programming to honor the legacy of Representative John Lewis. (f) Structure \n(1) Work plan \nTo carry out the purposes described in subsection (b)— (A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement— (i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and (ii) in a country with an operational Fulbright U.S. Student Program; and (B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. (2) Conferences; presentations \nEach fellow shall— (A) attend a fellowship orientation organized and administered by the Bureau under subsection (e); (B) not later than the date that is 1 year after the end of the fellowship period, attend a fellowship summit organized and administered by the Bureau, which— (i) whenever feasible, shall be held in Atlanta, Georgia, or another location of importance to the civil rights movement in the United States; and (ii) may coincide with other events facilitated by the Bureau; and (C) at such summit, give a presentation on lessons learned during the period of fellowship. (3) Fellowship period \nEach fellowship under this section shall continue for a period determined by the Bureau, which, whenever feasible, shall be not fewer than 10 months. (g) Fellowship award \nThe Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for— (1) the reasonable costs of the fellow during the fellowship period; and (2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2). (h) Annual report \nNot later than 1 year after the date of the completion of the Fellowship Program by the initial cohort of fellows selected under subsection (d), and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the implementation of the Fellowship Program, including— (1) a description of the demographics of the cohort of fellows who completed a fellowship during the preceding 1-year period; (2) a description of internship and research placements, and research projects selected by such cohort, under the Fellowship Program, including feedback from— (A) such cohort on implementation of the Fellowship Program; and (B) the Secretary on lessons learned; and (3) an analysis of trends relating to the diversity of each cohort of fellows and the topics of projects completed since the establishment of the Fellowship Program.", "id": "id62a9c11da61c48a3a947eef61933f0b2", "header": "John Lewis civil rights fellowship program", "nested": [ { "text": "(a) Establishment \nThere is established the John Lewis Civil Rights Fellowship Program (referred to in this section as the Fellowship Program ) within the J. William Fulbright Educational Exchange Program.", "id": "id9877aa49149247e689888b15e5734493", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Purposes \nThe purposes of the Fellowship Program are— (1) to honor the legacy of Representative John Lewis by promoting a greater understanding of the history and tenets of nonviolent civil rights movements; and (2) to advance foreign policy priorities of the United States by promoting studies, research, and international exchange in the subject of nonviolent movements that established and protected civil rights around the world.", "id": "id6e4fb14eb11e4a74b6519f288026ee79", "header": "Purposes", "nested": [], "links": [] }, { "text": "(c) Administration \nThe Bureau of Educational and Cultural Affairs (referred to in this section as the Bureau ) shall administer the Fellowship Program in accordance with policy guidelines established by the Board, in consultation with the binational Fulbright Commissions and United States Embassies.", "id": "id2e30dc92c4684199b1caa4fd4aa443c8", "header": "Administration", "nested": [], "links": [] }, { "text": "(d) Selection of fellows \n(1) In general \nThe Board shall annually select qualified individuals to participate in the Fellowship Program. The Bureau may determine the number of fellows selected each year, which, whenever feasible, shall be not fewer than 25. (2) Outreach \n(A) In general \nTo the extent practicable, the Bureau shall conduct outreach at institutions, including— (i) minority serving institutions, including historically Black colleges and universities; and (ii) other appropriate institutions, as determined by the Bureau. (B) Definitions \nIn this paragraph: (i) Historically black college and university \nThe term historically Black college and university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (ii) Minority serving institution \nThe term minority-serving institution means an eligible institution under section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ).", "id": "ida32ac0d7b4dd45ce989611d0d66aecab", "header": "Selection of fellows", "nested": [], "links": [ { "text": "20 U.S.C. 1061", "legal-doc": "usc", "parsable-cite": "usc/20/1061" }, { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" } ] }, { "text": "(e) Fellowship orientation \nAnnually, the Bureau shall organize and administer a fellowship orientation, which shall— (1) be held in Washington, D.C., or at another location selected by the Bureau; and (2) include programming to honor the legacy of Representative John Lewis.", "id": "id50d1a1c879744e83a3742bca77d8ac39", "header": "Fellowship orientation", "nested": [], "links": [] }, { "text": "(f) Structure \n(1) Work plan \nTo carry out the purposes described in subsection (b)— (A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement— (i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and (ii) in a country with an operational Fulbright U.S. Student Program; and (B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. (2) Conferences; presentations \nEach fellow shall— (A) attend a fellowship orientation organized and administered by the Bureau under subsection (e); (B) not later than the date that is 1 year after the end of the fellowship period, attend a fellowship summit organized and administered by the Bureau, which— (i) whenever feasible, shall be held in Atlanta, Georgia, or another location of importance to the civil rights movement in the United States; and (ii) may coincide with other events facilitated by the Bureau; and (C) at such summit, give a presentation on lessons learned during the period of fellowship. (3) Fellowship period \nEach fellowship under this section shall continue for a period determined by the Bureau, which, whenever feasible, shall be not fewer than 10 months.", "id": "id21be61f19d784f5bb7811ca36728192d", "header": "Structure", "nested": [], "links": [] }, { "text": "(g) Fellowship award \nThe Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for— (1) the reasonable costs of the fellow during the fellowship period; and (2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2).", "id": "id80a6ae0faab54ade80ca1899e9e247bd", "header": "Fellowship award", "nested": [], "links": [] }, { "text": "(h) Annual report \nNot later than 1 year after the date of the completion of the Fellowship Program by the initial cohort of fellows selected under subsection (d), and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the implementation of the Fellowship Program, including— (1) a description of the demographics of the cohort of fellows who completed a fellowship during the preceding 1-year period; (2) a description of internship and research placements, and research projects selected by such cohort, under the Fellowship Program, including feedback from— (A) such cohort on implementation of the Fellowship Program; and (B) the Secretary on lessons learned; and (3) an analysis of trends relating to the diversity of each cohort of fellows and the topics of projects completed since the establishment of the Fellowship Program.", "id": "id54b69839589347a4a50c29701a7d4a28", "header": "Annual report", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1061", "legal-doc": "usc", "parsable-cite": "usc/20/1061" }, { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" } ] }, { "text": "6605. Domestic engagement and public affairs \n(a) Strategy required \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall develop a strategy to explain to the American people the value of the work of the Department and United States foreign policy to advancing the national security of the United States. The strategy shall include— (1) tools to inform the American people about the non-partisan importance of United States diplomacy and foreign relations and to utilize public diplomacy to meet the United States’ national security priorities; (2) efforts to reach the widest possible audience of Americans, including those who historically have not had exposure to United States foreign policy efforts and priorities; (3) additional staffing and resource needs including— (A) domestic positions within the Bureau of Global Public Affairs to focus on engagement with the American people as outlined in paragraph (1); (B) positions within the Bureau of Educational and Cultural Affairs to enhance program and reach the widest possible audience; (C) increasing the number of fellowship and detail programs that place Foreign Service and civil service employees outside the Department for a limited time, including Pearson Fellows, Reta Joe Lewis Local Diplomats, Brookings Fellows, and Georgetown Fellows; and (D) recommendations for increasing participation in the Hometown Diplomats program and evaluating this program as well as other opportunities for Department officers to engage with American audiences while traveling within the United States.", "id": "iddae227c2638e496a9fa21f2d2b455b4c", "header": "Domestic engagement and public affairs", "nested": [ { "text": "(a) Strategy required \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall develop a strategy to explain to the American people the value of the work of the Department and United States foreign policy to advancing the national security of the United States. The strategy shall include— (1) tools to inform the American people about the non-partisan importance of United States diplomacy and foreign relations and to utilize public diplomacy to meet the United States’ national security priorities; (2) efforts to reach the widest possible audience of Americans, including those who historically have not had exposure to United States foreign policy efforts and priorities; (3) additional staffing and resource needs including— (A) domestic positions within the Bureau of Global Public Affairs to focus on engagement with the American people as outlined in paragraph (1); (B) positions within the Bureau of Educational and Cultural Affairs to enhance program and reach the widest possible audience; (C) increasing the number of fellowship and detail programs that place Foreign Service and civil service employees outside the Department for a limited time, including Pearson Fellows, Reta Joe Lewis Local Diplomats, Brookings Fellows, and Georgetown Fellows; and (D) recommendations for increasing participation in the Hometown Diplomats program and evaluating this program as well as other opportunities for Department officers to engage with American audiences while traveling within the United States.", "id": "idf64d1ab9360b4c22aa9f961e925b51f2", "header": "Strategy required", "nested": [], "links": [] } ], "links": [] }, { "text": "6606. Extension of Global Engagement Center \nSection 1287(j) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note) is amended by striking on the date that is 8 years after the date of the enactment of this Act and inserting on September 30, 2026.", "id": "idc76f6077b86d4f0da361644c7fb9a04c", "header": "Extension of Global Engagement Center", "nested": [], "links": [ { "text": "22 U.S.C. 2656", "legal-doc": "usc", "parsable-cite": "usc/22/2656" } ] }, { "text": "6607. Paperwork Reduction Act \nSection 5603(d) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) is amended by adding at the end the following new paragraph: (4) United States Information and Educational Exchange Act of 1948 ( Public Law 80–402 )..", "id": "id4d6b55807af44515b636a2da60559805", "header": "Paperwork Reduction Act", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "Public Law 80–402", "legal-doc": "public-law", "parsable-cite": "pl/80/402" } ] }, { "text": "6608. Modernization and enhancement strategy \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit a strategy to the appropriate congressional committees for— (1) modernizing and increasing the operational and programming capacity of American Spaces and American Corners throughout the world, including by leveraging public-private partnerships; (2) providing salaries to locally employed staff of American Spaces and American Corners; and (3) providing opportunities for United States businesses and nongovernmental organizations to better utilize American Spaces.", "id": "id1ea7340641ce4976b9cdd56dfe319bbb", "header": "Modernization and enhancement strategy", "nested": [], "links": [] }, { "text": "6701. Internships of United States nationals at international organizations \n(a) In general \nThe Secretary of State is authorized to bolster efforts to increase the number of United States citizens representative of the American people occupying positions in the United Nations system, agencies, and commissions, and in other international organizations, including by awarding grants to educational institutions and students. (b) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that identifies— (1) the number of United States citizens who are involved in internship programs at international organizations; (2) the distribution of the individuals described in paragraph (1) among various international organizations; and (3) grants, programs, and other activities that are being utilized to recruit and fund United States citizens to participate in internship programs at international organizations. (c) Eligibility \nAn individual referred to in subsection (a) is an individual who— (1) is enrolled at or received their degree within two years from— (A) an institution of higher education; or (B) an institution of higher education based outside the United States, as determined by the Secretary of State; and (2) is a citizen of the United States. (d) Authorization of appropriations \nThere is authorized to be appropriated $1,500,000 for the Department of State for fiscal year 2024 to carry out the grant program authorized under subsection (a).", "id": "idabcb8ad16572437cb5c6d6a05a961ef8", "header": "Internships of United States nationals at international organizations", "nested": [ { "text": "(a) In general \nThe Secretary of State is authorized to bolster efforts to increase the number of United States citizens representative of the American people occupying positions in the United Nations system, agencies, and commissions, and in other international organizations, including by awarding grants to educational institutions and students.", "id": "id819c4a770ffd41dd99316fea2a1a03b9", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that identifies— (1) the number of United States citizens who are involved in internship programs at international organizations; (2) the distribution of the individuals described in paragraph (1) among various international organizations; and (3) grants, programs, and other activities that are being utilized to recruit and fund United States citizens to participate in internship programs at international organizations.", "id": "idf4468eac925441919e0d8bfcba5696a0", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Eligibility \nAn individual referred to in subsection (a) is an individual who— (1) is enrolled at or received their degree within two years from— (A) an institution of higher education; or (B) an institution of higher education based outside the United States, as determined by the Secretary of State; and (2) is a citizen of the United States.", "id": "id765ae316875e4a6ba716a4724e20f874", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere is authorized to be appropriated $1,500,000 for the Department of State for fiscal year 2024 to carry out the grant program authorized under subsection (a).", "id": "idd6e110d9173e4b9db49d2f5793b4ff81", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "6702. Training for international organizations \n(a) Training programs \nSection 708 of the Foreign Service Act of 1980 ( 22 U.S.C. 4028 ) is amended by adding at the end of the following new subsection: (e) Training in multilateral diplomacy \n(1) In general \nThe Secretary, in consultation with other senior officials as appropriate, shall establish training courses on— (A) the conduct of diplomacy at international organizations and other multilateral institutions; and (B) broad-based multilateral negotiations of international instruments. (2) Required training \nMembers of the Service, including appropriate chiefs of mission and other officers who are assigned to United States missions representing the United States to international organizations and other multilateral institutions or who are assigned in other positions that have as their primary responsibility formulation of policy related to such organizations and institutions, or participation in negotiations of international instruments, shall receive specialized training in the areas described in paragraph (1) prior to the beginning of service for such assignment or, if receiving such training at that time is not practical, within the first year of beginning such assignment.. (b) Training for Department employees \nThe Secretary of State shall ensure that employees of the Department of State who are assigned to positions described in paragraph (2) of subsection (e) of section 708 of the Foreign Service Act of 1980 (as added by subsection (a) of this section), including members of the civil service or general service, or who are seconded to international organizations for a period of at least one year, receive training described in such subsection and participate in other such courses as the Secretary may recommend to build or augment identifiable skills that would be useful for such Department officials representing United States interests at these institutions and organizations.", "id": "ide68355e5f7e54e3f8491c3c1b6377b82", "header": "Training for international organizations", "nested": [ { "text": "(a) Training programs \nSection 708 of the Foreign Service Act of 1980 ( 22 U.S.C. 4028 ) is amended by adding at the end of the following new subsection: (e) Training in multilateral diplomacy \n(1) In general \nThe Secretary, in consultation with other senior officials as appropriate, shall establish training courses on— (A) the conduct of diplomacy at international organizations and other multilateral institutions; and (B) broad-based multilateral negotiations of international instruments. (2) Required training \nMembers of the Service, including appropriate chiefs of mission and other officers who are assigned to United States missions representing the United States to international organizations and other multilateral institutions or who are assigned in other positions that have as their primary responsibility formulation of policy related to such organizations and institutions, or participation in negotiations of international instruments, shall receive specialized training in the areas described in paragraph (1) prior to the beginning of service for such assignment or, if receiving such training at that time is not practical, within the first year of beginning such assignment..", "id": "id5f7da870317747e69a6501ef5a258931", "header": "Training programs", "nested": [], "links": [ { "text": "22 U.S.C. 4028", "legal-doc": "usc", "parsable-cite": "usc/22/4028" } ] }, { "text": "(b) Training for Department employees \nThe Secretary of State shall ensure that employees of the Department of State who are assigned to positions described in paragraph (2) of subsection (e) of section 708 of the Foreign Service Act of 1980 (as added by subsection (a) of this section), including members of the civil service or general service, or who are seconded to international organizations for a period of at least one year, receive training described in such subsection and participate in other such courses as the Secretary may recommend to build or augment identifiable skills that would be useful for such Department officials representing United States interests at these institutions and organizations.", "id": "id6f54a40f16bf4823b7a75604f1ea0d30", "header": "Training for Department employees", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 4028", "legal-doc": "usc", "parsable-cite": "usc/22/4028" } ] }, { "text": "6703. Modification to transparency on international agreements and non-binding instruments \nSection 112b of title 1, United States Code, as most recently amended by section 5947 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 3476), is further amended— (1) by redesignating subsections (h) through (l) as subsections (i) through (m), respectively; and (2) by inserting after subsection (g) the following: (h) (1) If the Secretary is aware or has reason to believe that the requirements of subsection (a), (b), or (c) have not been fulfilled with respect to an international agreement or qualifying non-binding instrument, the Secretary shall— (A) immediately bring the matter to the attention of the office or agency responsible for the agreement or qualifying non-binding instrument; and (B) request the office or agency to provide within 7 days the text or other information necessary to fulfill the requirements of the relevant subsection. (2) Upon receiving the text or other information requested pursuant to paragraph (1), the Secretary shall— (A) fulfill the requirements of subsection (a), (b), or (c), as the case may be, with respect to the agreement or qualifying non-binding instrument concerned— (i) by including such text or other information in the next submission required by subsection (a)(1); (ii) by providing such information in writing to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees before provision of the submission described in clause (i); or (iii) in relation to subsection (b), by making the text of the agreement or qualifying non-binding instrument and the information described in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1) relating to the agreement or instrument available to the public on the website of the Department of State within 15 days of receiving the text or other information requested pursuant to paragraph (1); and (B) provide to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees, either in the next submission required by subsection (a)(1) or before such submission, a written statement explaining the reason for the delay in fulfilling the requirements of subsection (a), (b), or (c), as the case may be..", "id": "idd70db8a23d8940348210e0dca75fdf3a", "header": "Modification to transparency on international agreements and non-binding instruments", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "6704. Report on partner forces utilizing United States security assistance identified as using hunger as a weapon of war \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the United States recognizes the link between armed conflict and conflict-induced food insecurity; (2) Congress recognizes and condemns the role of nefarious security actors, including state and non-state armed groups, who have utilized hunger as a weapon of war, including through the unanimous adoption of House of Representatives Resolution 922 and Senate Resolution 669 relating to [c]ondemning the use of hunger as a weapon of war and recognizing the effect of conflict on global food security and famine ; and (3) the United States should use the diplomatic and humanitarian tools at our disposal to not only fight global hunger, mitigate the spread of conflict, and promote critical, lifesaving assistance, but also hold perpetrators using hunger as a weapon of war to account. (b) Definitions \nIn this paragraph: (1) Hunger as a weapon of war \nThe term hunger as a weapon of war means— (A) intentional starvation of civilians; (B) intentional and reckless destruction, removal, looting, or rendering useless objects necessary for food production and distribution, such as farmland, markets, mills, food processing and storage facilities, food stuffs, crops, livestock, agricultural assets, waterways, water systems, drinking water facilities and supplies, and irrigation networks; (C) undue denial of humanitarian access and deprivation of objects indispensable to people’s survival, such as food supplies and nutrition resources; and (D) willful interruption of market systems for populations in need, including through the prevention of travel and manipulation of currency exchange. (2) Security assistance \nThe term security assistance means assistance meeting the definition of security assistance under section 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304 ). (c) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator of the United States Agency for International Development, and the Secretary of Defense shall submit a report to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives regarding— (1) United States-funded security assistance and cooperation; and (2) whether the governments and entities receiving such assistance have or are currently using hunger as a weapon of war. (d) Elements \nThe report required under subsection (c) shall— (1) identify countries receiving United States-funded security assistance or participating in security programs and activities, including in coordination with the Department of Defense, that are currently experiencing famine-like conditions as a result of conflict; (2) describe the actors and actions taken by such actors in the countries identified pursuant to paragraph (1) who are utilizing hunger as a weapon of war; and (3) describe any current or existing plans to continue providing United States-funded security assistance to recipient countries. (e) Form \nThe report required under subsection (c) shall be submitted in unclassified form, but may include a classified annex.", "id": "iddcf4421ab79042dca2872496c15a3a54", "header": "Report on partner forces utilizing United States security assistance identified as using hunger as a weapon of war", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that— (1) the United States recognizes the link between armed conflict and conflict-induced food insecurity; (2) Congress recognizes and condemns the role of nefarious security actors, including state and non-state armed groups, who have utilized hunger as a weapon of war, including through the unanimous adoption of House of Representatives Resolution 922 and Senate Resolution 669 relating to [c]ondemning the use of hunger as a weapon of war and recognizing the effect of conflict on global food security and famine ; and (3) the United States should use the diplomatic and humanitarian tools at our disposal to not only fight global hunger, mitigate the spread of conflict, and promote critical, lifesaving assistance, but also hold perpetrators using hunger as a weapon of war to account.", "id": "id0dc60884ad224705aed1181e11e1c4b8", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this paragraph: (1) Hunger as a weapon of war \nThe term hunger as a weapon of war means— (A) intentional starvation of civilians; (B) intentional and reckless destruction, removal, looting, or rendering useless objects necessary for food production and distribution, such as farmland, markets, mills, food processing and storage facilities, food stuffs, crops, livestock, agricultural assets, waterways, water systems, drinking water facilities and supplies, and irrigation networks; (C) undue denial of humanitarian access and deprivation of objects indispensable to people’s survival, such as food supplies and nutrition resources; and (D) willful interruption of market systems for populations in need, including through the prevention of travel and manipulation of currency exchange. (2) Security assistance \nThe term security assistance means assistance meeting the definition of security assistance under section 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304 ).", "id": "id2a842e63c2a84c84a9284ce1a25c9537", "header": "Definitions", "nested": [], "links": [ { "text": "22 U.S.C. 2304", "legal-doc": "usc", "parsable-cite": "usc/22/2304" } ] }, { "text": "(c) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator of the United States Agency for International Development, and the Secretary of Defense shall submit a report to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives regarding— (1) United States-funded security assistance and cooperation; and (2) whether the governments and entities receiving such assistance have or are currently using hunger as a weapon of war.", "id": "id0a70ac98b9414e67b6431e344debcf3f", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Elements \nThe report required under subsection (c) shall— (1) identify countries receiving United States-funded security assistance or participating in security programs and activities, including in coordination with the Department of Defense, that are currently experiencing famine-like conditions as a result of conflict; (2) describe the actors and actions taken by such actors in the countries identified pursuant to paragraph (1) who are utilizing hunger as a weapon of war; and (3) describe any current or existing plans to continue providing United States-funded security assistance to recipient countries.", "id": "ide3267a8876034f348d8195f58db12604", "header": "Elements", "nested": [], "links": [] }, { "text": "(e) Form \nThe report required under subsection (c) shall be submitted in unclassified form, but may include a classified annex.", "id": "id48215072e54749cb9a8803bdbc7c6e18", "header": "Form", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2304", "legal-doc": "usc", "parsable-cite": "usc/22/2304" } ] }, { "text": "6705. Infrastructure projects and investments by the United States and People’s Republic of China \nNot later than 1 year after the date of the enactment of this Act, the Secretary, in coordination with the Administrator of the United States Agency for International Development and the Chief Executive Officer of the Development Finance Corporation, shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report regarding the opportunities and costs of infrastructure projects in Middle East, African, and Latin American and Caribbean countries, which shall— (1) describe the nature and total funding of United States infrastructure investments and construction in Middle East, African, and Latin American and Caribbean countries, and that of United States allies and partners in the same regions; (2) describe the nature and total funding of infrastructure investments and construction by the People’s Republic of China in Middle East, African, and Latin American and Caribbean countries; (3) assess the national security threats posed by the infrastructure investment gap between the People’s Republic of China and the United States and United States allies and partners, including— (A) infrastructure, such as ports; (B) access to critical and strategic minerals; (C) digital and telecommunication infrastructure; (D) threats to supply chains; and (E) general favorability towards the People’s Republic of China and the United States and United States’ allies and partners among Middle East, African, and Latin American and Caribbean countries; (4) assess the opportunities and challenges for companies based in the United States to invest in infrastructure projects in Middle East, African, and Latin American and Caribbean countries; (5) describe options for the United States Government to undertake to increase support for United States businesses engaged in large-scale infrastructure projects in Middle East, African, and Latin American and Caribbean countries; and (6) identify regional infrastructure priorities, ranked according to United States national interests, in Middle East, African, and Latin American and Caribbean countries.", "id": "id6dc80730b3914b04b76a958109a35ac7", "header": "Infrastructure projects and investments by the United States and People’s Republic of China", "nested": [], "links": [] }, { "text": "6706. Special envoys \n(a) Review \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall conduct a review of all special envoy positions to determine— (1) which special envoy positions are needed to accomplish the mission of the Department; (2) which special envoy positions could be absorbed into the Department’s existing bureau structure; (3) which special envoy positions were established by an Act of Congress; and (4) which special envoy positions were created by the Executive Branch without explicit congressional approval. (b) Report \nNot later than 60 days after the completion of the review required under subsection (a), the Secretary shall submit a report to the appropriate congressional committees that includes— (1) a list of every special envoy position in the Department; (2) a detailed justification of the need for each special envoy, if warranted; (3) a list of the special envoy positions that could be absorbed into the Department’s existing bureau structure without compromising the mission of the Department; (4) a list of the special envoy positions that were created by an Act of Congress; and (5) a list of the special envoy positions that are not expressly authorized by statute.", "id": "ideac072521e8e4bd09e4ea714a594fef1", "header": "Special envoys", "nested": [ { "text": "(a) Review \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall conduct a review of all special envoy positions to determine— (1) which special envoy positions are needed to accomplish the mission of the Department; (2) which special envoy positions could be absorbed into the Department’s existing bureau structure; (3) which special envoy positions were established by an Act of Congress; and (4) which special envoy positions were created by the Executive Branch without explicit congressional approval.", "id": "id53ae7d0eb3294da78ebf0e046fee6672", "header": "Review", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 60 days after the completion of the review required under subsection (a), the Secretary shall submit a report to the appropriate congressional committees that includes— (1) a list of every special envoy position in the Department; (2) a detailed justification of the need for each special envoy, if warranted; (3) a list of the special envoy positions that could be absorbed into the Department’s existing bureau structure without compromising the mission of the Department; (4) a list of the special envoy positions that were created by an Act of Congress; and (5) a list of the special envoy positions that are not expressly authorized by statute.", "id": "id5126d5c6b38e451eb3c8adb6638de298", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "6707. US–ASEAN Center \n(a) Defined term \nIn this section, the term ASEAN means the Association of Southeast Asian Nations. (b) Establishment \nThe Secretary is authorized to enter into a public-private partnership for the purposes of establishing a US–ASEAN Center in the United States to support United States economic and cultural engagement with Southeast Asia. (c) Functions \nNotwithstanding any other provision of law, the US–ASEAN Center established pursuant to subsection (b) may— (1) provide grants for research to support and elevate the importance of the US–ASEAN partnership; (2) facilitate activities to strengthen US–ASEAN trade and investment; (3) expand economic and technological relationships between ASEAN countries and the United States into new areas of cooperation; (4) provide training to United States citizens and citizens of ASEAN countries that improve people-to-people ties; (5) develop educational programs to increase awareness for the United States and ASEAN countries on the importance of relations between the United States and ASEAN countries; and (6) carry out other activities the Secretary considers necessary to strengthen ties between the United States and ASEAN countries and achieve the objectives of the US–ASEAN Center.", "id": "id7dc72818888243a99250d21c66bf76d1", "header": "US–ASEAN Center", "nested": [ { "text": "(a) Defined term \nIn this section, the term ASEAN means the Association of Southeast Asian Nations.", "id": "id2d52570a0a204239bcf65c9e4797ded8", "header": "Defined term", "nested": [], "links": [] }, { "text": "(b) Establishment \nThe Secretary is authorized to enter into a public-private partnership for the purposes of establishing a US–ASEAN Center in the United States to support United States economic and cultural engagement with Southeast Asia.", "id": "id3400504f935b4fbc8264863cad0cda3f", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Functions \nNotwithstanding any other provision of law, the US–ASEAN Center established pursuant to subsection (b) may— (1) provide grants for research to support and elevate the importance of the US–ASEAN partnership; (2) facilitate activities to strengthen US–ASEAN trade and investment; (3) expand economic and technological relationships between ASEAN countries and the United States into new areas of cooperation; (4) provide training to United States citizens and citizens of ASEAN countries that improve people-to-people ties; (5) develop educational programs to increase awareness for the United States and ASEAN countries on the importance of relations between the United States and ASEAN countries; and (6) carry out other activities the Secretary considers necessary to strengthen ties between the United States and ASEAN countries and achieve the objectives of the US–ASEAN Center.", "id": "id16b2316e1c1f499da5de329650016439", "header": "Functions", "nested": [], "links": [] } ], "links": [] }, { "text": "6708. Briefings on the United States-European Union Trade and Technology Council \nIt is the sense of Congress that the United States-European Union Trade and Technology Council is an important forum for the United States and in the European Union to engage on transatlantic trade, investment, and engagement on matters related to critical and emerging technology and that the Department should provide regular updates to the appropriate congressional committees on the deliverables and policy initiatives announced at United States-European Union Trade and Technology Council ministerials", "id": "id19b6733a8ade4f9f880d26a2f9420520", "header": "Briefings on the United States-European Union Trade and Technology Council", "nested": [], "links": [] }, { "text": "6709. Modification and repeal of reports \n(a) Country reports on human rights practices \n(1) In general \nThe Secretary shall examine the production of the 2023 and subsequent annual Country Reports on Human Rights Practices by the Assistant Secretary for Democracy, Human Rights, and Labor as required under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) , 2304(b)) to maximize— (A) cost and personnel efficiencies; (B) the potential use of data and analytic tools and visualization; and (C) advancement of the modernization agenda for the Department announced by the Secretary on October 27, 2021. (2) Transnational repression amendments to annual country reports on human rights practices \nSection 116(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) ) is amended by adding at the end the following new paragraph: (13) Wherever applicable, a description of the nature and extent of acts of transnational repression that occurred during the preceding year, including identification of— (A) incidents in which a government harassed, intimidated, or killed individuals outside of their internationally recognized borders and the patterns of such repression among repeat offenders; (B) countries in which such transnational repression occurs and the role of the governments of such countries in enabling, preventing, mitigating, and responding to such acts; (C) the tactics used by the governments of countries identified pursuant to subparagraph (A), including the actions identified and any new techniques observed; (D) in the case of digital surveillance and harassment, the type of technology or platform, including social media, smart city technology, health tracking systems, general surveillance technology, and data access, transfer, and storage procedures, used by the governments of countries identified pursuant to subparagraph (A) for such actions; and (E) groups and types of individuals targeted by acts of transnational repression in each country in which such acts occur.. (b) Elimination of obsolete reports \n(1) Annual reports relating to funding mechanisms for telecommunications security and semiconductors \nDivision H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (A) in section 9202(a)(2) ( 47 U.S.C. 906(a)(2) )— (i) by striking subparagraph (C); and (ii) by redesignating subparagraph (D) as subparagraph (C); and (B) in section 9905 ( 15 U.S.C. 4655 )— (i) by striking subsection (c); and (ii) by redesignating subsection (d) as subsection (c). (2) Reports relating to foreign assistance to counter Russian influence and media organizations controlled by Russia \nThe Countering Russian Influence in Europe and Eurasia Act of 2017 (title II of Public Law 115–44 ) is amended— (A) in section 254(e)— (i) in paragraph (1)— (I) by striking In general.— ; (II) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively, and moving such paragraphs 2 ems to the left; and (ii) by striking paragraph (2); and (B) by striking section 255. (3) Annual report on promoting the rule of law in the Russian Federation \nSection 202 of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 ( Public Law 112–208 ) is amended by striking subsection (a). (4) Annual report on advancing freedom and democracy \nSection 2121 of the Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2007 (title XXI of Public Law 110–53 ) is amended by striking subsection (c). (5) Annual reports on United States-Vietnam human rights dialogue meetings \nSection 702 of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2151n note) is repealed.", "id": "id783f81c4f72445e092eebe1803b12733", "header": "Modification and repeal of reports", "nested": [ { "text": "(a) Country reports on human rights practices \n(1) In general \nThe Secretary shall examine the production of the 2023 and subsequent annual Country Reports on Human Rights Practices by the Assistant Secretary for Democracy, Human Rights, and Labor as required under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) , 2304(b)) to maximize— (A) cost and personnel efficiencies; (B) the potential use of data and analytic tools and visualization; and (C) advancement of the modernization agenda for the Department announced by the Secretary on October 27, 2021. (2) Transnational repression amendments to annual country reports on human rights practices \nSection 116(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) ) is amended by adding at the end the following new paragraph: (13) Wherever applicable, a description of the nature and extent of acts of transnational repression that occurred during the preceding year, including identification of— (A) incidents in which a government harassed, intimidated, or killed individuals outside of their internationally recognized borders and the patterns of such repression among repeat offenders; (B) countries in which such transnational repression occurs and the role of the governments of such countries in enabling, preventing, mitigating, and responding to such acts; (C) the tactics used by the governments of countries identified pursuant to subparagraph (A), including the actions identified and any new techniques observed; (D) in the case of digital surveillance and harassment, the type of technology or platform, including social media, smart city technology, health tracking systems, general surveillance technology, and data access, transfer, and storage procedures, used by the governments of countries identified pursuant to subparagraph (A) for such actions; and (E) groups and types of individuals targeted by acts of transnational repression in each country in which such acts occur..", "id": "id08f787a2f03d47309ff3b104f1fc730d", "header": "Country reports on human rights practices", "nested": [], "links": [ { "text": "22 U.S.C. 2151n(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" }, { "text": "22 U.S.C. 2151n(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" } ] }, { "text": "(b) Elimination of obsolete reports \n(1) Annual reports relating to funding mechanisms for telecommunications security and semiconductors \nDivision H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (A) in section 9202(a)(2) ( 47 U.S.C. 906(a)(2) )— (i) by striking subparagraph (C); and (ii) by redesignating subparagraph (D) as subparagraph (C); and (B) in section 9905 ( 15 U.S.C. 4655 )— (i) by striking subsection (c); and (ii) by redesignating subsection (d) as subsection (c). (2) Reports relating to foreign assistance to counter Russian influence and media organizations controlled by Russia \nThe Countering Russian Influence in Europe and Eurasia Act of 2017 (title II of Public Law 115–44 ) is amended— (A) in section 254(e)— (i) in paragraph (1)— (I) by striking In general.— ; (II) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively, and moving such paragraphs 2 ems to the left; and (ii) by striking paragraph (2); and (B) by striking section 255. (3) Annual report on promoting the rule of law in the Russian Federation \nSection 202 of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 ( Public Law 112–208 ) is amended by striking subsection (a). (4) Annual report on advancing freedom and democracy \nSection 2121 of the Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2007 (title XXI of Public Law 110–53 ) is amended by striking subsection (c). (5) Annual reports on United States-Vietnam human rights dialogue meetings \nSection 702 of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2151n note) is repealed.", "id": "ide0738718fdc442149ab502d035e1763b", "header": "Elimination of obsolete reports", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "47 U.S.C. 906(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/47/906" }, { "text": "15 U.S.C. 4655", "legal-doc": "usc", "parsable-cite": "usc/15/4655" }, { "text": "Public Law 115–44", "legal-doc": "public-law", "parsable-cite": "pl/115/44" }, { "text": "Public Law 112–208", "legal-doc": "public-law", "parsable-cite": "pl/112/208" }, { "text": "Public Law 110–53", "legal-doc": "public-law", "parsable-cite": "pl/110/53" }, { "text": "22 U.S.C. 2151n", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" } ] } ], "links": [ { "text": "22 U.S.C. 2151n(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" }, { "text": "22 U.S.C. 2151n(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "47 U.S.C. 906(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/47/906" }, { "text": "15 U.S.C. 4655", "legal-doc": "usc", "parsable-cite": "usc/15/4655" }, { "text": "Public Law 115–44", "legal-doc": "public-law", "parsable-cite": "pl/115/44" }, { "text": "Public Law 112–208", "legal-doc": "public-law", "parsable-cite": "pl/112/208" }, { "text": "Public Law 110–53", "legal-doc": "public-law", "parsable-cite": "pl/110/53" }, { "text": "22 U.S.C. 2151n", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" } ] }, { "text": "6710. Modification of Build Act of 2018 to prioritize projects that advance national security \nSection 1412 of the Build Act of 2018 ( 22 U.S.C. 9612 ) is amended by adding at the end the following subsection: (d) Prioritization of national security interests \nThe Corporation shall prioritize the provision of support under title II in projects that advance core national security interests of the United States with respect to the People’s Republic of China..", "id": "id0d0910b0a0a14cec871fef5b1aaceb21", "header": "Modification of Build Act of 2018 to prioritize projects that advance national security", "nested": [], "links": [ { "text": "22 U.S.C. 9612", "legal-doc": "usc", "parsable-cite": "usc/22/9612" } ] }, { "text": "6711. Permitting for international bridges \nThe International Bridge Act of 1972 ( 33 U.S.C. 535 et seq. ) is amended by inserting after section 5 the following: 6. Permitting for international bridges \n(a) Definitions \nIn this section: (1) Eligible applicant \nThe term eligible applicant means an entity that has submitted an application for a Presidential permit during the period beginning on December 1, 2020, and ending on December 31, 2024, for any of the following: (A) 1 or more international bridges in Webb County, Texas. (B) An international bridge in Cameron County, Texas. (C) An international bridge in Maverick County, Texas. (2) Presidential permit \n(A) In general \nThe term Presidential permit means— (i) an approval by the President to construct, maintain, and operate an international bridge under section 4; or (ii) an approval by the President to construct, maintain, and operate an international bridge pursuant to a process described in Executive Order 13867 (84 Fed. Reg. 15491; relating to Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States) (or any successor Executive Order). (B) Inclusion \nThe term Presidential permit includes an amendment to an approval described in clause (i) or (ii) of subparagraph (A). (3) Secretary \nThe term Secretary means the Secretary of State. (b) Application \nAn eligible applicant for a Presidential permit to construct, maintain, and operate an international bridge shall submit an application for the permit to the Secretary. (c) Recommendation \n(1) In general \nNot later than 60 days after the date on which the Secretary receives an application under subsection (b), the Secretary shall make a recommendation to the President— (A) to grant the Presidential permit; or (B) to deny the Presidential permit. (2) Consideration \nThe sole basis for a recommendation under paragraph (1) shall be whether the international bridge is in the foreign policy interests of the United States. (d) Presidential action \n(1) In general \nThe President shall grant or deny the Presidential permit for an application under subsection (b) by not later than 60 days after the earlier of— (A) the date on which the Secretary makes a recommendation under subsection (c)(1); and (B) the date on which the Secretary is required to make a recommendation under subsection (c)(1). (2) No action \n(A) In general \nSubject to subparagraph (B), if the President does not grant or deny the Presidential permit for an application under subsection (b) by the deadline described in paragraph (1), the Presidential permit shall be considered to have been granted as of that deadline. (B) Requirement \nAs a condition on a Presidential permit considered to be granted under subparagraph (A), the eligible applicant shall complete all applicable environmental documents required pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq. ). (e) Document requirements \nNotwithstanding any other provision of law, the Secretary shall not require an eligible applicant for a Presidential permit— (1) to include in the application under subsection (b) environmental documents prepared pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq. ); or (2) to have completed any environmental review under Public Law 91–190 ( 42 U.S.C. 4321 et seq. ) prior to the President granting a Presidential permit under subsection (d). (f) Rules of construction \nNothing in this section— (1) prohibits the President from granting a Presidential permit conditioned on the eligible applicant completing all environmental documents pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq. ); (2) prohibits the Secretary from requesting a list of all permits and approvals from Federal, State, and local agencies that the eligible applicant believes are required in connection with the international bridge, or a brief description of how those permits and approvals will be acquired; or (3) exempts an eligible applicant from the requirement to complete all environmental documents pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq. ) prior to construction of an international bridge..", "id": "id8517ee587a814c9f855157f2a1e3edbb", "header": "Permitting for international bridges", "nested": [], "links": [ { "text": "33 U.S.C. 535 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/535" }, { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "6. Permitting for international bridges \n(a) Definitions \nIn this section: (1) Eligible applicant \nThe term eligible applicant means an entity that has submitted an application for a Presidential permit during the period beginning on December 1, 2020, and ending on December 31, 2024, for any of the following: (A) 1 or more international bridges in Webb County, Texas. (B) An international bridge in Cameron County, Texas. (C) An international bridge in Maverick County, Texas. (2) Presidential permit \n(A) In general \nThe term Presidential permit means— (i) an approval by the President to construct, maintain, and operate an international bridge under section 4; or (ii) an approval by the President to construct, maintain, and operate an international bridge pursuant to a process described in Executive Order 13867 (84 Fed. Reg. 15491; relating to Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States) (or any successor Executive Order). (B) Inclusion \nThe term Presidential permit includes an amendment to an approval described in clause (i) or (ii) of subparagraph (A). (3) Secretary \nThe term Secretary means the Secretary of State. (b) Application \nAn eligible applicant for a Presidential permit to construct, maintain, and operate an international bridge shall submit an application for the permit to the Secretary. (c) Recommendation \n(1) In general \nNot later than 60 days after the date on which the Secretary receives an application under subsection (b), the Secretary shall make a recommendation to the President— (A) to grant the Presidential permit; or (B) to deny the Presidential permit. (2) Consideration \nThe sole basis for a recommendation under paragraph (1) shall be whether the international bridge is in the foreign policy interests of the United States. (d) Presidential action \n(1) In general \nThe President shall grant or deny the Presidential permit for an application under subsection (b) by not later than 60 days after the earlier of— (A) the date on which the Secretary makes a recommendation under subsection (c)(1); and (B) the date on which the Secretary is required to make a recommendation under subsection (c)(1). (2) No action \n(A) In general \nSubject to subparagraph (B), if the President does not grant or deny the Presidential permit for an application under subsection (b) by the deadline described in paragraph (1), the Presidential permit shall be considered to have been granted as of that deadline. (B) Requirement \nAs a condition on a Presidential permit considered to be granted under subparagraph (A), the eligible applicant shall complete all applicable environmental documents required pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq. ). (e) Document requirements \nNotwithstanding any other provision of law, the Secretary shall not require an eligible applicant for a Presidential permit— (1) to include in the application under subsection (b) environmental documents prepared pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq. ); or (2) to have completed any environmental review under Public Law 91–190 ( 42 U.S.C. 4321 et seq. ) prior to the President granting a Presidential permit under subsection (d). (f) Rules of construction \nNothing in this section— (1) prohibits the President from granting a Presidential permit conditioned on the eligible applicant completing all environmental documents pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq. ); (2) prohibits the Secretary from requesting a list of all permits and approvals from Federal, State, and local agencies that the eligible applicant believes are required in connection with the international bridge, or a brief description of how those permits and approvals will be acquired; or (3) exempts an eligible applicant from the requirement to complete all environmental documents pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq. ) prior to construction of an international bridge.", "id": "id06867c1d386b471984b9a2f13de9a2dc", "header": "Permitting for international bridges", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Eligible applicant \nThe term eligible applicant means an entity that has submitted an application for a Presidential permit during the period beginning on December 1, 2020, and ending on December 31, 2024, for any of the following: (A) 1 or more international bridges in Webb County, Texas. (B) An international bridge in Cameron County, Texas. (C) An international bridge in Maverick County, Texas. (2) Presidential permit \n(A) In general \nThe term Presidential permit means— (i) an approval by the President to construct, maintain, and operate an international bridge under section 4; or (ii) an approval by the President to construct, maintain, and operate an international bridge pursuant to a process described in Executive Order 13867 (84 Fed. Reg. 15491; relating to Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States) (or any successor Executive Order). (B) Inclusion \nThe term Presidential permit includes an amendment to an approval described in clause (i) or (ii) of subparagraph (A). (3) Secretary \nThe term Secretary means the Secretary of State.", "id": "id1C0EB5AC68AE4EF1BCF54E192F4A1F50", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Application \nAn eligible applicant for a Presidential permit to construct, maintain, and operate an international bridge shall submit an application for the permit to the Secretary.", "id": "idea2c2d19a1e44465ae4273857742d7b4", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Recommendation \n(1) In general \nNot later than 60 days after the date on which the Secretary receives an application under subsection (b), the Secretary shall make a recommendation to the President— (A) to grant the Presidential permit; or (B) to deny the Presidential permit. (2) Consideration \nThe sole basis for a recommendation under paragraph (1) shall be whether the international bridge is in the foreign policy interests of the United States.", "id": "id53defc9684f64f41961c2d7f2ba25510", "header": "Recommendation", "nested": [], "links": [] }, { "text": "(d) Presidential action \n(1) In general \nThe President shall grant or deny the Presidential permit for an application under subsection (b) by not later than 60 days after the earlier of— (A) the date on which the Secretary makes a recommendation under subsection (c)(1); and (B) the date on which the Secretary is required to make a recommendation under subsection (c)(1). (2) No action \n(A) In general \nSubject to subparagraph (B), if the President does not grant or deny the Presidential permit for an application under subsection (b) by the deadline described in paragraph (1), the Presidential permit shall be considered to have been granted as of that deadline. (B) Requirement \nAs a condition on a Presidential permit considered to be granted under subparagraph (A), the eligible applicant shall complete all applicable environmental documents required pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq. ).", "id": "idca76575247974baaba2f33f6d378aab8", "header": "Presidential action", "nested": [], "links": [ { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(e) Document requirements \nNotwithstanding any other provision of law, the Secretary shall not require an eligible applicant for a Presidential permit— (1) to include in the application under subsection (b) environmental documents prepared pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq. ); or (2) to have completed any environmental review under Public Law 91–190 ( 42 U.S.C. 4321 et seq. ) prior to the President granting a Presidential permit under subsection (d).", "id": "id388036c0e0a94c808b5f118e0fd97e28", "header": "Document requirements", "nested": [], "links": [ { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(f) Rules of construction \nNothing in this section— (1) prohibits the President from granting a Presidential permit conditioned on the eligible applicant completing all environmental documents pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq. ); (2) prohibits the Secretary from requesting a list of all permits and approvals from Federal, State, and local agencies that the eligible applicant believes are required in connection with the international bridge, or a brief description of how those permits and approvals will be acquired; or (3) exempts an eligible applicant from the requirement to complete all environmental documents pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq. ) prior to construction of an international bridge.", "id": "id525c9c8186cb441f9e404f0e846c822e", "header": "Rules of construction", "nested": [], "links": [ { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] } ], "links": [ { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "Public Law 91–190", "legal-doc": "public-law", "parsable-cite": "pl/91/190" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "6801. Definitions \nIn this title: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. (2) AUKUS partnership \n(A) In general \nThe term AUKUS partnership means the enhanced trilateral security partnership between Australia, the United Kingdom, and the United States announced in September 2021. (B) Pillars \nThe AUKUS partnership includes the following two pillars: (i) Pillar One is focused on developing a pathway for Australia to acquire conventionally armed, nuclear-powered submarines. (ii) Pillar Two is focused on enhancing trilateral collaboration on advanced defense capabilities, including hypersonic and counter hypersonic capabilities, quantum technologies, undersea technologies, and artificial intelligence. (3) International Traffic in Arms Regulations \nThe term International Traffic in Arms Regulations means subchapter M of chapter I of title 22, Code of Federal Regulations (or successor regulations).", "id": "idf48abe04561348cc93c20f6aa8f8caef", "header": "Definitions", "nested": [], "links": [] }, { "text": "6811. Statement of policy on the AUKUS partnership \n(a) Statement of policy \nIt is the policy of the United States that— (1) the AUKUS partnership is integral to United States national security, increasing United States and allied capability in the undersea domain of the Indo-Pacific, and developing cutting edge military capabilities; (2) the transfer of conventionally armed, nuclear-powered submarines to Australia, if implemented appropriately, will position the United States and its allies to maintain peace and security in the Indo-Pacific; (3) the transfer of conventionally armed, nuclear-powered submarines to Australia will be safely implemented with the highest nonproliferation standards in alignment with— (A) safeguards established by the International Atomic Energy Agency; and (B) the Additional Protocol to the Agreement between Australia and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Vienna September 23, 1997; (4) the United States will enter into a mutual defense agreement with Australia, modeled on the 1958 bilateral mutual defense agreement with the United Kingdom, for the sole purpose of facilitating the transfer of naval nuclear propulsion technology to Australia; (5) working with the United Kingdom and Australia to develop and provide joint advanced military capabilities to promote security and stability in the Indo-Pacific will have tangible impacts on United States military effectiveness across the world; (6) in order to better facilitate cooperation under Pillar 2 of the AUKUS partnership, it is imperative that every effort be made to streamline United States export controls consistent with necessary and reciprocal security safeguards on United States technology at least comparable to those of the United States; (7) the trade authorization mechanism for the AUKUS partnership administered by the Department is a critical first step in reimagining the United States export control system to carry out the AUKUS partnership and expedite technology sharing and defense trade among the United States, Australia, and the United Kingdom; and (8) the vast majority of United States defense trade with Australia is conducted through the Foreign Military Sales (FMS) process, the preponderance of defense trade with the United Kingdom is conducted through Direct Commercial Sales (DCS), and efforts to streamline United States export controls should focus on both Foreign Military Sales and Direct Commercial Sales.", "id": "idf9321ef1a95041f994c719682f64fae0", "header": "Statement of policy on the AUKUS partnership", "nested": [ { "text": "(a) Statement of policy \nIt is the policy of the United States that— (1) the AUKUS partnership is integral to United States national security, increasing United States and allied capability in the undersea domain of the Indo-Pacific, and developing cutting edge military capabilities; (2) the transfer of conventionally armed, nuclear-powered submarines to Australia, if implemented appropriately, will position the United States and its allies to maintain peace and security in the Indo-Pacific; (3) the transfer of conventionally armed, nuclear-powered submarines to Australia will be safely implemented with the highest nonproliferation standards in alignment with— (A) safeguards established by the International Atomic Energy Agency; and (B) the Additional Protocol to the Agreement between Australia and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Vienna September 23, 1997; (4) the United States will enter into a mutual defense agreement with Australia, modeled on the 1958 bilateral mutual defense agreement with the United Kingdom, for the sole purpose of facilitating the transfer of naval nuclear propulsion technology to Australia; (5) working with the United Kingdom and Australia to develop and provide joint advanced military capabilities to promote security and stability in the Indo-Pacific will have tangible impacts on United States military effectiveness across the world; (6) in order to better facilitate cooperation under Pillar 2 of the AUKUS partnership, it is imperative that every effort be made to streamline United States export controls consistent with necessary and reciprocal security safeguards on United States technology at least comparable to those of the United States; (7) the trade authorization mechanism for the AUKUS partnership administered by the Department is a critical first step in reimagining the United States export control system to carry out the AUKUS partnership and expedite technology sharing and defense trade among the United States, Australia, and the United Kingdom; and (8) the vast majority of United States defense trade with Australia is conducted through the Foreign Military Sales (FMS) process, the preponderance of defense trade with the United Kingdom is conducted through Direct Commercial Sales (DCS), and efforts to streamline United States export controls should focus on both Foreign Military Sales and Direct Commercial Sales.", "id": "id7992ec2b8fc64f5694528ce2a63b4100", "header": "Statement of policy", "nested": [], "links": [] } ], "links": [] }, { "text": "6812. Senior Advisor for the AUKUS partnership at the Department of State \n(a) In general \nThere shall be a Senior Advisor for the AUKUS partnership at the Department, who— (1) shall report directly to the Secretary; and (2) may not hold another position in the Department concurrently while holding the position of Senior Advisor for the AUKUS partnership. (b) Duties \nThe Senior Advisor shall— (1) be responsible for coordinating efforts related to the AUKUS partnership across the Department, including the bureaus engaged in nonproliferation, defense trade, security assistance, and diplomatic relations in the Indo-Pacific; (2) serve as the lead within the Department for implementation of the AUKUS partnership in interagency processes, consulting with counterparts in the Department of Defense, the Department of Commerce, the Department of Energy, the Office of Naval Reactors, and any other relevant agencies; (3) lead diplomatic efforts related to the AUKUS partnership with other governments to explain how the partnership will enhance security and stability in the Indo-Pacific; and (4) consult regularly with the appropriate congressional committees, and keep such committees fully and currently informed, on issues related to the AUKUS partnership, including in relation to the AUKUS Pillar 1 objective of supporting Australia’s acquisition of conventionally armed, nuclear-powered submarines and the Pillar 2 objective of jointly developing advanced military capabilities to support security and stability in the Indo-Pacific, as affirmed by the President of the United States, the Prime Minister of the United Kingdom, and the Prime Minister of Australia on April 5, 2022. (c) Personnel to support the Senior Advisor \nThe Secretary shall ensure that the Senior Advisor is adequately staffed, including through encouraging details, or assignment of employees of the Department, with expertise related to the implementation of the AUKUS partnership, including staff with expertise in— (1) nuclear policy, including nonproliferation; (2) defense trade and security cooperation, including security assistance; and (3) relations with respect to political-military issues in the Indo-Pacific and Europe. (d) Notification \nNot later than 180 days after the date of the enactment of this Act, and not later than 90 days after a Senior Advisor assumes such position, the Secretary shall notify the appropriate congressional committees of the number of full-time equivalent positions, relevant expertise, and duties of any employees of the Department or detailees supporting the Senior Advisor. (e) Sunset \n(1) In general \nThe position of the Senior Advisor for the AUKUS partnership shall terminate on the date that is 8 years after the date of the enactment of this Act. (2) Renewal \nThe Secretary may renew the position of the Senior Advisor for the AUKUS partnership for 1 additional period of 4 years, following notification to the appropriate congressional committees of the renewal.", "id": "id5963e22c43ab4622b7c1453fa035037b", "header": "Senior Advisor for the AUKUS partnership at the Department of State", "nested": [ { "text": "(a) In general \nThere shall be a Senior Advisor for the AUKUS partnership at the Department, who— (1) shall report directly to the Secretary; and (2) may not hold another position in the Department concurrently while holding the position of Senior Advisor for the AUKUS partnership.", "id": "id2637422f85b34650a6d9a9b0ed76033b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Duties \nThe Senior Advisor shall— (1) be responsible for coordinating efforts related to the AUKUS partnership across the Department, including the bureaus engaged in nonproliferation, defense trade, security assistance, and diplomatic relations in the Indo-Pacific; (2) serve as the lead within the Department for implementation of the AUKUS partnership in interagency processes, consulting with counterparts in the Department of Defense, the Department of Commerce, the Department of Energy, the Office of Naval Reactors, and any other relevant agencies; (3) lead diplomatic efforts related to the AUKUS partnership with other governments to explain how the partnership will enhance security and stability in the Indo-Pacific; and (4) consult regularly with the appropriate congressional committees, and keep such committees fully and currently informed, on issues related to the AUKUS partnership, including in relation to the AUKUS Pillar 1 objective of supporting Australia’s acquisition of conventionally armed, nuclear-powered submarines and the Pillar 2 objective of jointly developing advanced military capabilities to support security and stability in the Indo-Pacific, as affirmed by the President of the United States, the Prime Minister of the United Kingdom, and the Prime Minister of Australia on April 5, 2022.", "id": "id88522642acc64c408ab4ffc33477e615", "header": "Duties", "nested": [], "links": [] }, { "text": "(c) Personnel to support the Senior Advisor \nThe Secretary shall ensure that the Senior Advisor is adequately staffed, including through encouraging details, or assignment of employees of the Department, with expertise related to the implementation of the AUKUS partnership, including staff with expertise in— (1) nuclear policy, including nonproliferation; (2) defense trade and security cooperation, including security assistance; and (3) relations with respect to political-military issues in the Indo-Pacific and Europe.", "id": "id783cb4fecbd04cf2a510651fd49e9fa2", "header": "Personnel to support the Senior Advisor", "nested": [], "links": [] }, { "text": "(d) Notification \nNot later than 180 days after the date of the enactment of this Act, and not later than 90 days after a Senior Advisor assumes such position, the Secretary shall notify the appropriate congressional committees of the number of full-time equivalent positions, relevant expertise, and duties of any employees of the Department or detailees supporting the Senior Advisor.", "id": "idfab2c99ce0a941bda9ed16e83bc2aaf0", "header": "Notification", "nested": [], "links": [] }, { "text": "(e) Sunset \n(1) In general \nThe position of the Senior Advisor for the AUKUS partnership shall terminate on the date that is 8 years after the date of the enactment of this Act. (2) Renewal \nThe Secretary may renew the position of the Senior Advisor for the AUKUS partnership for 1 additional period of 4 years, following notification to the appropriate congressional committees of the renewal.", "id": "id56d28280300945938337355853af6e31", "header": "Sunset", "nested": [], "links": [] } ], "links": [] }, { "text": "6823. Australia, United Kingdom, and United States submarine security training \n(a) In general \nThe President may transfer or export directly to private individuals in Australia defense services that may be transferred to the Government of Australia under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) to support the development of the submarine industrial base of Australia necessary for submarine security activities between Australia, the United Kingdom, and the United States, including if such individuals are not officers, employees, or agents of the Government of Australia. (b) Security controls \n(1) In general \nAny defense service transferred or exported under subsection (a) shall be subject to appropriate security controls to ensure that any sensitive information conveyed by such transfer or export is protected from disclosure to persons unauthorized by the United States to receive such information. (2) Certification \nNot later than 30 days before the first transfer or export of a defense service under subsection (a), and annually thereafter, the President shall certify to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the controls described in paragraph (1) will protect the information described in such paragraph for the defense services so transferred or exported. (c) Application of requirements for retransfer and reexport \nAny person who receives any defense service transferred or exported under subsection (a) may retransfer or reexport such service to other persons only in accordance with the requirements of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ).", "id": "id257bae864dc8470ea6b502b0b633b01f", "header": "Australia, United Kingdom, and United States submarine security training", "nested": [ { "text": "(a) In general \nThe President may transfer or export directly to private individuals in Australia defense services that may be transferred to the Government of Australia under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) to support the development of the submarine industrial base of Australia necessary for submarine security activities between Australia, the United Kingdom, and the United States, including if such individuals are not officers, employees, or agents of the Government of Australia.", "id": "idf7aa775e9dd94c21a95ce11f1be2aec9", "header": "In general", "nested": [], "links": [ { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" } ] }, { "text": "(b) Security controls \n(1) In general \nAny defense service transferred or exported under subsection (a) shall be subject to appropriate security controls to ensure that any sensitive information conveyed by such transfer or export is protected from disclosure to persons unauthorized by the United States to receive such information. (2) Certification \nNot later than 30 days before the first transfer or export of a defense service under subsection (a), and annually thereafter, the President shall certify to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the controls described in paragraph (1) will protect the information described in such paragraph for the defense services so transferred or exported.", "id": "id70f6b1645f3143ee976de2055d156d34", "header": "Security controls", "nested": [], "links": [] }, { "text": "(c) Application of requirements for retransfer and reexport \nAny person who receives any defense service transferred or exported under subsection (a) may retransfer or reexport such service to other persons only in accordance with the requirements of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ).", "id": "id25ed868e083849c09b0e032b3a127f4f", "header": "Application of requirements for retransfer and reexport", "nested": [], "links": [ { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" } ] } ], "links": [ { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" }, { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" } ] }, { "text": "6831. Priority for Australia and the United Kingdom in Foreign Military Sales and Direct Commercial Sales \n(a) In general \nThe President shall institute policies and procedures for letters of request from Australia and the United Kingdom to transfer defense articles and services under section 21 of the Arms Export Control Act ( 22 U.S.C. 2761 ) related to AUKUS to receive expedited consideration and processing relative to all other letters of request other than from Taiwan and Ukraine. (b) Technology transfer policy for Australia, Canada, and the United Kingdom \n(1) In general \nThe Secretary, in consultation with the Secretary of Defense, shall create an anticipatory release policy for the transfer of technologies described in paragraph (2) to Australia, the United Kingdom, and Canada through Foreign Military Sales and Direct Commercial Sales that are not covered by an exemption under the International Traffic in Arms Regulations. (2) Capabilities described \nThe capabilities described in this paragraph are— (A) Pillar One-related technologies associated with submarine and associated combat systems; and (B) Pillar Two-related technologies, including hypersonic missiles, cyber capabilities, artificial intelligence, quantum technologies, undersea capabilities, and other advanced technologies. (3) Expedited decision-making \nReview of a transfer under the policy established under paragraph (1) shall be subject to an expedited decision-making process. (c) Interagency policy and guidance \nThe Secretary and the Secretary of Defense shall jointly review and update interagency policies and implementation guidance related to requests for Foreign Military Sales and Direct Commercial Sales, including by incorporating the anticipatory release provisions of this section.", "id": "idede7821841af47e896be0d8ec8ea6dcf", "header": "Priority for Australia and the United Kingdom in Foreign Military Sales and Direct Commercial Sales", "nested": [ { "text": "(a) In general \nThe President shall institute policies and procedures for letters of request from Australia and the United Kingdom to transfer defense articles and services under section 21 of the Arms Export Control Act ( 22 U.S.C. 2761 ) related to AUKUS to receive expedited consideration and processing relative to all other letters of request other than from Taiwan and Ukraine.", "id": "idc86caa6319414a008e4cba73ab6852b1", "header": "In general", "nested": [], "links": [ { "text": "22 U.S.C. 2761", "legal-doc": "usc", "parsable-cite": "usc/22/2761" } ] }, { "text": "(b) Technology transfer policy for Australia, Canada, and the United Kingdom \n(1) In general \nThe Secretary, in consultation with the Secretary of Defense, shall create an anticipatory release policy for the transfer of technologies described in paragraph (2) to Australia, the United Kingdom, and Canada through Foreign Military Sales and Direct Commercial Sales that are not covered by an exemption under the International Traffic in Arms Regulations. (2) Capabilities described \nThe capabilities described in this paragraph are— (A) Pillar One-related technologies associated with submarine and associated combat systems; and (B) Pillar Two-related technologies, including hypersonic missiles, cyber capabilities, artificial intelligence, quantum technologies, undersea capabilities, and other advanced technologies. (3) Expedited decision-making \nReview of a transfer under the policy established under paragraph (1) shall be subject to an expedited decision-making process.", "id": "id19f4b17e4625478cb935decf9434c201", "header": "Technology transfer policy for Australia, Canada, and the United Kingdom", "nested": [], "links": [] }, { "text": "(c) Interagency policy and guidance \nThe Secretary and the Secretary of Defense shall jointly review and update interagency policies and implementation guidance related to requests for Foreign Military Sales and Direct Commercial Sales, including by incorporating the anticipatory release provisions of this section.", "id": "id17aa577d4e0540038b1e7f991b236685", "header": "Interagency policy and guidance", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2761", "legal-doc": "usc", "parsable-cite": "usc/22/2761" } ] }, { "text": "6832. Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through Foreign Military Sales and Direct Commercial Sales \nNot later than 90 days after the date of the enactment of this Act, and on a biennial basis thereafter for 8 years, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes a list of advanced military platforms, technologies, and equipment that are pre-cleared and prioritized for sale and release to Australia, the United Kingdom and Canada through the Foreign Military Sales and Direct Commercial Sales programs without regard to whether a letter of request or license to purchase such platforms, technologies, or equipment has been received from any of such country. Each list may include items that are not related to the AUKUS partnership but may not include items that are not covered by an exemption under the International Traffic in Arms Regulations except unmanned aerial or hypersonic systems.", "id": "ideb2581236ebc48e9a12c3fcb3867c75a", "header": "Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through Foreign Military Sales and Direct Commercial Sales", "nested": [], "links": [] }, { "text": "6833. Export control exemptions and standards \n(a) In general \nSection 38 of the Arms Export Control Act of 1976 ( 22 U.S.C. 2778 ) is amended by adding at the end the following new subsection: (l) AUKUS defense trade cooperation \n(1) Exemption from licensing and approval requirements \nSubject to paragraph (2) and notwithstanding any other provision of this section, the Secretary of State may exempt from the licensing or other approval requirements of this section exports and transfers (including reexports, retransfers, temporary imports, and brokering activities) of defense articles and defense services between or among the United States, the United Kingdom, and Australia that— (A) are not excluded by those countries; (B) are not referred to in subsection(j)(1)(C)(ii); and (C) involve only persons or entities that are approved by— (i) the Secretary of State; and (ii) the Ministry of Defense, the Ministry of Foreign Affairs, or other similar authority within those countries. (2) Limitation \nThe authority provided in subparagraph (1) shall not apply to any activity, including exports, transfers, reexports, retransfers, temporary imports, or brokering, of United States defense articles and defense services involving any country or a person or entity of any country other than the United States, the United Kingdom, and Australia.. (b) Required standards of export controls \nThe Secretary may only exercise the authority under subsection (l)(1) of section 38 of the Arms Export Control Act of 1976, as added by subsection (a) of this section, with respect to the United Kingdom or Australia 30 days after the Secretary submits to the appropriate congressional committees an unclassified certification and detailed unclassified assessment (which may include a classified annex) that the country concerned has implemented standards for a system of export controls that satisfies the elements of section 38(j)(2) of the Arms Export Control Act ( 22 U.S.C. 2778(j)(2) ) for United States-origin defense articles and defense services, and for controlling the provision of military training, that are comparable to those standards administered by the United States in effect on the date of the enactment of this Act. (c) Certain requirements not applicable \n(1) In general \nParagraphs (1), (2), and (3) of section 3(d) of the Arms Export Control Act ( 22 U.S.C. 2753(d) ) shall not apply to any export or transfer that is the subject of an exemption under subsection (l)(1) of section 38 of the Arms Export Control Act of 1976, as added by subsection (a) of this section. (2) Quarterly reports \nThe Secretary shall— (A) require all exports and transfers that would be subject to the requirements of paragraphs (1), (2), and (3) of section 3(d) of the Arms Export Control Act ( 22 U.S.C. 2753(d) ) but for the application of subsection (l)(1) of section 38 of the Arms Export Control Act of 1976, as added by subsection (a) of this section, to be reported to the Secretary; and (B) submit such reports to the Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives on a quarterly basis. (d) Sunset \nAny exemption under subsection (l)(1) of section 38 of the Arms Export Control Act of 1976, as added by subsection (a) of this section, shall terminate on the date that is 15 years after the date of the enactment of this Act. The Secretary of State may renew such exemption for 5 years upon a certification to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that such exemption is in the vital national interest of the United States with a detailed justification for such certification. (e) Reports \n(1) Annual report \n(A) In general \nNot later than one year after the date of the enactment of this Act, and annually thereafter until no exemptions under subsection (l)(1) of section 38 of the Arms Export Control Act of 1976, as added by subsection (a) of this section, remain in effect, the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the operation of exemptions issued under such subsection (l)(1), including whether any changes to such exemptions are likely to be made in the coming year. (B) Initial report \nThe first report submitted under subparagraph (A) shall also include an assessment of key recommendations the United States Government has provided to the Governments of Australia and the United Kingdom to revise laws, regulations, and policies of such countries that are required to implement the AUKUS partnership. (2) Report on expedited review of export licenses for exports of advanced technologies \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall report on the practical application of a possible fast track decision-making process for applications, classified or unclassified, to export defense articles and defense services to Australia, the United Kingdom, and Canada.", "id": "id1C8DBB329BEA429884E7C5C53BE3861B", "header": "Export control exemptions and standards", "nested": [ { "text": "(a) In general \nSection 38 of the Arms Export Control Act of 1976 ( 22 U.S.C. 2778 ) is amended by adding at the end the following new subsection: (l) AUKUS defense trade cooperation \n(1) Exemption from licensing and approval requirements \nSubject to paragraph (2) and notwithstanding any other provision of this section, the Secretary of State may exempt from the licensing or other approval requirements of this section exports and transfers (including reexports, retransfers, temporary imports, and brokering activities) of defense articles and defense services between or among the United States, the United Kingdom, and Australia that— (A) are not excluded by those countries; (B) are not referred to in subsection(j)(1)(C)(ii); and (C) involve only persons or entities that are approved by— (i) the Secretary of State; and (ii) the Ministry of Defense, the Ministry of Foreign Affairs, or other similar authority within those countries. (2) Limitation \nThe authority provided in subparagraph (1) shall not apply to any activity, including exports, transfers, reexports, retransfers, temporary imports, or brokering, of United States defense articles and defense services involving any country or a person or entity of any country other than the United States, the United Kingdom, and Australia..", "id": "id4D15C500864A42D09B48D66E2D094670", "header": "In general", "nested": [], "links": [ { "text": "22 U.S.C. 2778", "legal-doc": "usc", "parsable-cite": "usc/22/2778" } ] }, { "text": "(b) Required standards of export controls \nThe Secretary may only exercise the authority under subsection (l)(1) of section 38 of the Arms Export Control Act of 1976, as added by subsection (a) of this section, with respect to the United Kingdom or Australia 30 days after the Secretary submits to the appropriate congressional committees an unclassified certification and detailed unclassified assessment (which may include a classified annex) that the country concerned has implemented standards for a system of export controls that satisfies the elements of section 38(j)(2) of the Arms Export Control Act ( 22 U.S.C. 2778(j)(2) ) for United States-origin defense articles and defense services, and for controlling the provision of military training, that are comparable to those standards administered by the United States in effect on the date of the enactment of this Act.", "id": "idE5BB35DDD93B4A39906583FF4022623A", "header": "Required standards of export controls", "nested": [], "links": [ { "text": "22 U.S.C. 2778(j)(2)", "legal-doc": "usc", "parsable-cite": "usc/22/2778" } ] }, { "text": "(c) Certain requirements not applicable \n(1) In general \nParagraphs (1), (2), and (3) of section 3(d) of the Arms Export Control Act ( 22 U.S.C. 2753(d) ) shall not apply to any export or transfer that is the subject of an exemption under subsection (l)(1) of section 38 of the Arms Export Control Act of 1976, as added by subsection (a) of this section. (2) Quarterly reports \nThe Secretary shall— (A) require all exports and transfers that would be subject to the requirements of paragraphs (1), (2), and (3) of section 3(d) of the Arms Export Control Act ( 22 U.S.C. 2753(d) ) but for the application of subsection (l)(1) of section 38 of the Arms Export Control Act of 1976, as added by subsection (a) of this section, to be reported to the Secretary; and (B) submit such reports to the Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives on a quarterly basis.", "id": "idCDC97299FA6A42AB89DFA7DF640880F7", "header": "Certain requirements not applicable", "nested": [], "links": [ { "text": "22 U.S.C. 2753(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2753" }, { "text": "22 U.S.C. 2753(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2753" } ] }, { "text": "(d) Sunset \nAny exemption under subsection (l)(1) of section 38 of the Arms Export Control Act of 1976, as added by subsection (a) of this section, shall terminate on the date that is 15 years after the date of the enactment of this Act. The Secretary of State may renew such exemption for 5 years upon a certification to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that such exemption is in the vital national interest of the United States with a detailed justification for such certification.", "id": "ide905d2d37dd641cf9dd991382554e7d5", "header": "Sunset", "nested": [], "links": [] }, { "text": "(e) Reports \n(1) Annual report \n(A) In general \nNot later than one year after the date of the enactment of this Act, and annually thereafter until no exemptions under subsection (l)(1) of section 38 of the Arms Export Control Act of 1976, as added by subsection (a) of this section, remain in effect, the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the operation of exemptions issued under such subsection (l)(1), including whether any changes to such exemptions are likely to be made in the coming year. (B) Initial report \nThe first report submitted under subparagraph (A) shall also include an assessment of key recommendations the United States Government has provided to the Governments of Australia and the United Kingdom to revise laws, regulations, and policies of such countries that are required to implement the AUKUS partnership. (2) Report on expedited review of export licenses for exports of advanced technologies \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall report on the practical application of a possible fast track decision-making process for applications, classified or unclassified, to export defense articles and defense services to Australia, the United Kingdom, and Canada.", "id": "idB7B80F54001D40D3B76E13C688010133", "header": "Reports", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2778", "legal-doc": "usc", "parsable-cite": "usc/22/2778" }, { "text": "22 U.S.C. 2778(j)(2)", "legal-doc": "usc", "parsable-cite": "usc/22/2778" }, { "text": "22 U.S.C. 2753(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2753" }, { "text": "22 U.S.C. 2753(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2753" } ] }, { "text": "6834. Expedited review of export licenses for exports of advanced technologies to Australia, the United Kingdom, and Canada \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Defense, shall initiate a rulemaking to establish an expedited decision-making process, classified or unclassified, for applications to export to Australia, the United Kingdom, and Canada commercial, advanced-technology defense articles and defense services that are not covered by an exemption under the International Traffic in Arms Regulations. (b) Eligibility \nTo qualify for the expedited decision-making process described in subsection (a), an application shall be for an export of defense articles or defense services that will take place wholly within or between the physical territory of Australia, Canada, or the United Kingdom and the United States and with governments or corporate entities from such countries. (c) Availability of expedited process \nThe expedited decision-making process described in subsection (a) shall be available for both classified and unclassified items, and the process must satisfy the following criteria to the extent practicable: (1) Any licensing application to export defense articles and services that is related to a government to government agreement must be approved, returned, or denied within 30 days of submission. (2) For all other licensing requests, any review shall be completed not later than 45 calendar days after the date of application.", "id": "id3f57fe6131ed4ab6b7ab48449bf0a3f7", "header": "Expedited review of export licenses for exports of advanced technologies to Australia, the United Kingdom, and Canada", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Defense, shall initiate a rulemaking to establish an expedited decision-making process, classified or unclassified, for applications to export to Australia, the United Kingdom, and Canada commercial, advanced-technology defense articles and defense services that are not covered by an exemption under the International Traffic in Arms Regulations.", "id": "idf2298f48fdef4d3bb6be6f292f6c2d50", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligibility \nTo qualify for the expedited decision-making process described in subsection (a), an application shall be for an export of defense articles or defense services that will take place wholly within or between the physical territory of Australia, Canada, or the United Kingdom and the United States and with governments or corporate entities from such countries.", "id": "id27503bbfb9754e6389a6aa98f81de41a", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Availability of expedited process \nThe expedited decision-making process described in subsection (a) shall be available for both classified and unclassified items, and the process must satisfy the following criteria to the extent practicable: (1) Any licensing application to export defense articles and services that is related to a government to government agreement must be approved, returned, or denied within 30 days of submission. (2) For all other licensing requests, any review shall be completed not later than 45 calendar days after the date of application.", "id": "id269b1c8f4477417a8da74d94f5ed4d4f", "header": "Availability of expedited process", "nested": [], "links": [] } ], "links": [] }, { "text": "6835. United States Munitions List \n(a) Exemption for the governments of the United Kingdom and Australia from certification and congressional notification requirements applicable to certain transfers \nSection 38(f)(3) of the Arms Export Control Act ( 22 U.S.C. 2778(f)(3) ) is amended by inserting , the United Kingdom, or Australia after Canada. (b) United States Munitions List periodic reviews \n(1) In general \nThe Secretary, acting through authority delegated by the President to carry out periodic reviews of items on the United States Munitions List under section 38(f) of the Arms Export Control Act ( 22 U.S.C. 2778(f) ) and in coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the Director of the Office of Management and Budget, shall carry out such reviews not less frequently than every 3 years. (2) Scope \nThe periodic reviews described in paragraph (1) shall focus on matters including— (A) interagency resources to address current threats faced by the United States; (B) the evolving technological and economic landscape; (C) the widespread availability of certain technologies and items on the United States Munitions List; and (D) risks of misuse of United States-origin defense articles. (3) Consultation \nThe Department of State may consult with the Defense Trade Advisory Group (DTAG) and other interested parties in conducting the periodic review described in paragraph (1).", "id": "id070d0a394307490f9f5d8952d2d5030c", "header": "United States Munitions List", "nested": [ { "text": "(a) Exemption for the governments of the United Kingdom and Australia from certification and congressional notification requirements applicable to certain transfers \nSection 38(f)(3) of the Arms Export Control Act ( 22 U.S.C. 2778(f)(3) ) is amended by inserting , the United Kingdom, or Australia after Canada.", "id": "id61fbf84e2c254058be088572096523aa", "header": "Exemption for the governments of the United Kingdom and Australia from certification and congressional notification requirements applicable to certain transfers", "nested": [], "links": [ { "text": "22 U.S.C. 2778(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/22/2778" } ] }, { "text": "(b) United States Munitions List periodic reviews \n(1) In general \nThe Secretary, acting through authority delegated by the President to carry out periodic reviews of items on the United States Munitions List under section 38(f) of the Arms Export Control Act ( 22 U.S.C. 2778(f) ) and in coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the Director of the Office of Management and Budget, shall carry out such reviews not less frequently than every 3 years. (2) Scope \nThe periodic reviews described in paragraph (1) shall focus on matters including— (A) interagency resources to address current threats faced by the United States; (B) the evolving technological and economic landscape; (C) the widespread availability of certain technologies and items on the United States Munitions List; and (D) risks of misuse of United States-origin defense articles. (3) Consultation \nThe Department of State may consult with the Defense Trade Advisory Group (DTAG) and other interested parties in conducting the periodic review described in paragraph (1).", "id": "id2d1bb077aa724c62bf923a08df0d59c8", "header": "United States Munitions List periodic reviews", "nested": [], "links": [ { "text": "22 U.S.C. 2778(f)", "legal-doc": "usc", "parsable-cite": "usc/22/2778" } ] } ], "links": [ { "text": "22 U.S.C. 2778(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/22/2778" }, { "text": "22 U.S.C. 2778(f)", "legal-doc": "usc", "parsable-cite": "usc/22/2778" } ] }, { "text": "6841. Reporting related to the AUKUS partnership \n(a) Report on instruments \n(1) In general \nNot later than 30 days after the signature, conclusion, or other finalization of any non-binding instrument related to the AUKUS partnership, the President shall submit to the appropriate congressional committees the text of such instrument. (2) Non-duplication of efforts; rule of construction \nTo the extent the text of a non-binding instrument is submitted to the appropriate congressional committees pursuant to subsection (a), such text does not need to be submitted to Congress pursuant to section 112b(a)(1)(A)(ii) of title 1, United States Code, as amended by section 5947 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 3476). Paragraph (1) shall not be construed to relieve the executive branch of any other requirement of section 112b of title 1, United States Code, as amended so amended, or any other provision of law. (3) Definitions \nIn this section: (A) In general \nThe term text , with respect to a non-binding instrument, includes— (i) any annex, appendix, codicil, side agreement, side letter, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the non-binding instrument; and (ii) any implementing agreement or arrangement, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the non-binding instrument. (B) Contemporaneously and in conjunction with \nAs used in subparagraph (A), the term contemporaneously and in conjunction with — (i) shall be construed liberally; and (ii) may not be interpreted to require any action to have occurred simultaneously or on the same day. (b) Report on AUKUS partnership \n(1) In general \nNot later than one year after the date of the enactment of this Act, and biennially thereafter, the Secretary, in coordination with the Secretary of Defense and other appropriate heads of agencies, shall submit to the appropriate congressional committees a report on the AUKUS partnership. (2) Elements \nEach report required under paragraph (1) shall include the following elements: (A) Strategy \n(i) An identification of the defensive military capability gaps and capacity shortfalls that the AUKUS partnership seeks to offset. (ii) An explanation of the total cost to the United States associated with Pillar One of the AUKUS partnership. (iii) A detailed explanation of how enhanced access to the industrial base of Australia is contributing to strengthening the United States strategic position in Asia. (iv) A detailed explanation of the military and strategic benefit provided by the improved access provided by naval bases of Australia. (v) A detailed assessment of how Australia’s sovereign conventionally armed nuclear attack submarines contribute to United States defense and deterrence objectives in the Indo-Pacific region. (B) Implement the AUKUS partnership \n(i) Progress made on achieving the Optimal Pathway established for Australia’s development of conventionally armed, nuclear-powered submarines, including the following elements: (I) A description of progress made by Australia, the United Kingdom, and the United States to conclude an Article 14 arrangement with the International Atomic Energy Agency. (II) A description of the status of efforts of Australia, the United Kingdom, and the United States to build the supporting infrastructure to base conventionally armed, nuclear-powered attack submarines. (III) Updates on the efforts by Australia, the United Kingdom, and the United States to train a workforce that can build, sustain, and operate conventionally armed, nuclear-powered attack submarines. (IV) A description of progress in establishing submarine support facilities capable of hosting rotational forces in western Australia by 2027. (V) A description of progress made in improving United States submarine production capabilities that will enable the United States to meet— (aa) its objectives of providing up to five Virginia Class submarines to Australia by the early to mid-2030’s; and (bb) United States submarine production requirements. (ii) Progress made on Pillar Two of the AUKUS partnership, including the following elements: (I) An assessment of the efforts of Australia, the United Kingdom, and the United States to enhance collaboration across the following eight trilateral lines of effort: (aa) Underseas capabilities. (bb) Quantum technologies. (cc) Artificial intelligence and autonomy. (dd) Advanced cyber capabilities. (ee) Hypersonic and counter-hypersonic capabilities. (ff) Electronic warfare. (gg) Innovation. (hh) Information sharing. (II) An assessment of any new lines of effort established.", "id": "id36a67f0c2f3b4c71a0034717021f480f", "header": "Reporting related to the AUKUS partnership", "nested": [ { "text": "(a) Report on instruments \n(1) In general \nNot later than 30 days after the signature, conclusion, or other finalization of any non-binding instrument related to the AUKUS partnership, the President shall submit to the appropriate congressional committees the text of such instrument. (2) Non-duplication of efforts; rule of construction \nTo the extent the text of a non-binding instrument is submitted to the appropriate congressional committees pursuant to subsection (a), such text does not need to be submitted to Congress pursuant to section 112b(a)(1)(A)(ii) of title 1, United States Code, as amended by section 5947 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 136 Stat. 3476). Paragraph (1) shall not be construed to relieve the executive branch of any other requirement of section 112b of title 1, United States Code, as amended so amended, or any other provision of law. (3) Definitions \nIn this section: (A) In general \nThe term text , with respect to a non-binding instrument, includes— (i) any annex, appendix, codicil, side agreement, side letter, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the non-binding instrument; and (ii) any implementing agreement or arrangement, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the non-binding instrument. (B) Contemporaneously and in conjunction with \nAs used in subparagraph (A), the term contemporaneously and in conjunction with — (i) shall be construed liberally; and (ii) may not be interpreted to require any action to have occurred simultaneously or on the same day.", "id": "id13459b2b648646f9b51ac75262d35b94", "header": "Report on instruments", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(b) Report on AUKUS partnership \n(1) In general \nNot later than one year after the date of the enactment of this Act, and biennially thereafter, the Secretary, in coordination with the Secretary of Defense and other appropriate heads of agencies, shall submit to the appropriate congressional committees a report on the AUKUS partnership. (2) Elements \nEach report required under paragraph (1) shall include the following elements: (A) Strategy \n(i) An identification of the defensive military capability gaps and capacity shortfalls that the AUKUS partnership seeks to offset. (ii) An explanation of the total cost to the United States associated with Pillar One of the AUKUS partnership. (iii) A detailed explanation of how enhanced access to the industrial base of Australia is contributing to strengthening the United States strategic position in Asia. (iv) A detailed explanation of the military and strategic benefit provided by the improved access provided by naval bases of Australia. (v) A detailed assessment of how Australia’s sovereign conventionally armed nuclear attack submarines contribute to United States defense and deterrence objectives in the Indo-Pacific region. (B) Implement the AUKUS partnership \n(i) Progress made on achieving the Optimal Pathway established for Australia’s development of conventionally armed, nuclear-powered submarines, including the following elements: (I) A description of progress made by Australia, the United Kingdom, and the United States to conclude an Article 14 arrangement with the International Atomic Energy Agency. (II) A description of the status of efforts of Australia, the United Kingdom, and the United States to build the supporting infrastructure to base conventionally armed, nuclear-powered attack submarines. (III) Updates on the efforts by Australia, the United Kingdom, and the United States to train a workforce that can build, sustain, and operate conventionally armed, nuclear-powered attack submarines. (IV) A description of progress in establishing submarine support facilities capable of hosting rotational forces in western Australia by 2027. (V) A description of progress made in improving United States submarine production capabilities that will enable the United States to meet— (aa) its objectives of providing up to five Virginia Class submarines to Australia by the early to mid-2030’s; and (bb) United States submarine production requirements. (ii) Progress made on Pillar Two of the AUKUS partnership, including the following elements: (I) An assessment of the efforts of Australia, the United Kingdom, and the United States to enhance collaboration across the following eight trilateral lines of effort: (aa) Underseas capabilities. (bb) Quantum technologies. (cc) Artificial intelligence and autonomy. (dd) Advanced cyber capabilities. (ee) Hypersonic and counter-hypersonic capabilities. (ff) Electronic warfare. (gg) Innovation. (hh) Information sharing. (II) An assessment of any new lines of effort established.", "id": "id8790a47071304395bde2d2c567362083", "header": "Report on AUKUS partnership", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "9001. Short title \nThis division may be cited as the Unidentified Anomalous Phenomena Disclosure Act of 2023 or the UAP Disclosure Act of 2023.", "id": "id4bc5deb4d4714be893c592af21fa5b33", "header": "Short title", "nested": [], "links": [] }, { "text": "9002. Findings, declarations, and purposes \n(a) Findings and declarations \nCongress finds and declares the following: (1) All Federal Government records related to unidentified anomalous phenomena should be preserved and centralized for historical and Federal Government purposes. (2) All Federal Government records concerning unidentified anomalous phenomena should carry a presumption of immediate disclosure and all records should be eventually disclosed to enable the public to become fully informed about the history of the Federal Government’s knowledge and involvement surrounding unidentified anomalous phenomena. (3) Legislation is necessary to create an enforceable, independent, and accountable process for the public disclosure of such records. (4) Legislation is necessary because credible evidence and testimony indicates that Federal Government unidentified anomalous phenomena records exist that have not been declassified or subject to mandatory declassification review as set forth in Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information) due in part to exemptions under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ), as well as an over-broad interpretation of transclassified foreign nuclear information , which is also exempt from mandatory declassification, thereby preventing public disclosure under existing provisions of law. (5) Legislation is necessary because section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ), as implemented by the Executive branch of the Federal Government, has proven inadequate in achieving the timely public disclosure of Government unidentified anomalous phenomena records that are subject to mandatory declassification review. (6) Legislation is necessary to restore proper oversight over unidentified anomalous phenomena records by elected officials in both the executive and legislative branches of the Federal Government that has otherwise been lacking as of the enactment of this Act. (7) Legislation is necessary to afford complete and timely access to all knowledge gained by the Federal Government concerning unidentified anomalous phenomena in furtherance of comprehensive open scientific and technological research and development essential to avoiding or mitigating potential technological surprise in furtherance of urgent national security concerns and the public interest. (b) Purposes \nThe purposes of this division are— (1) to provide for the creation of the unidentified anomalous phenomena Records Collection at the National Archives and Records Administration; and (2) to require the expeditious public transmission to the Archivist and public disclosure of such records.", "id": "idd3bf41bf54844890bc81728fbc3c762a", "header": "Findings, declarations, and purposes", "nested": [ { "text": "(a) Findings and declarations \nCongress finds and declares the following: (1) All Federal Government records related to unidentified anomalous phenomena should be preserved and centralized for historical and Federal Government purposes. (2) All Federal Government records concerning unidentified anomalous phenomena should carry a presumption of immediate disclosure and all records should be eventually disclosed to enable the public to become fully informed about the history of the Federal Government’s knowledge and involvement surrounding unidentified anomalous phenomena. (3) Legislation is necessary to create an enforceable, independent, and accountable process for the public disclosure of such records. (4) Legislation is necessary because credible evidence and testimony indicates that Federal Government unidentified anomalous phenomena records exist that have not been declassified or subject to mandatory declassification review as set forth in Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information) due in part to exemptions under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ), as well as an over-broad interpretation of transclassified foreign nuclear information , which is also exempt from mandatory declassification, thereby preventing public disclosure under existing provisions of law. (5) Legislation is necessary because section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ), as implemented by the Executive branch of the Federal Government, has proven inadequate in achieving the timely public disclosure of Government unidentified anomalous phenomena records that are subject to mandatory declassification review. (6) Legislation is necessary to restore proper oversight over unidentified anomalous phenomena records by elected officials in both the executive and legislative branches of the Federal Government that has otherwise been lacking as of the enactment of this Act. (7) Legislation is necessary to afford complete and timely access to all knowledge gained by the Federal Government concerning unidentified anomalous phenomena in furtherance of comprehensive open scientific and technological research and development essential to avoiding or mitigating potential technological surprise in furtherance of urgent national security concerns and the public interest.", "id": "idd849b110e9eb412bb0a946764e5efcee", "header": "Findings and declarations", "nested": [], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" }, { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" } ] }, { "text": "(b) Purposes \nThe purposes of this division are— (1) to provide for the creation of the unidentified anomalous phenomena Records Collection at the National Archives and Records Administration; and (2) to require the expeditious public transmission to the Archivist and public disclosure of such records.", "id": "id743ce9419d0c40ab8c9be8b7009d98dd", "header": "Purposes", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" }, { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" } ] }, { "text": "9003. Definitions \nIn this division: (1) Archivist \nThe term Archivist means the Archivist of the United States. (2) Close observer \nThe term close observer means anyone who has come into close proximity to unidentified anomalous phenomena or non-human intelligence. (3) Collection \nThe term Collection means the Unidentified Anomalous Phenomena Records Collection established under section 9004. (4) Controlled disclosure campaign plan \nThe term Controlled Disclosure Campaign Plan means the Controlled Disclosure Campaign Plan required by section 9009(c)(3). (5) Controlling authority \nThe term controlling authority means any Federal, State, or local government department, office, agency, committee, commission, commercial company, academic institution, or private sector entity in physical possession of technologies of unknown origin or biological evidence of non-human intelligence. (6) Director \nThe term Director means the Director of the Office of Government Ethics. (7) Executive agency \nThe term Executive agency means an Executive agency, as defined in subsection 552(f) of title 5, United States Code. (8) Government office \nThe term Government office means any department, office, agency, committee, or commission of the Federal Government and any independent office or agency without exception that has possession or control, including via contract or other agreement, of unidentified anomalous phenomena records. (9) Identification aid \nThe term identification aid means the written description prepared for each record, as required in section 9004. (10) Leadership of Congress \nThe term leadership of Congress means— (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Representatives; and (D) the minority leader of the House of Representatives. (11) Legacy program \nThe term legacy program means all Federal, State, and local government, commercial industry, academic, and private sector endeavors to collect, exploit, or reverse engineer technologies of unknown origin or examine biological evidence of living or deceased non-human intelligence that pre-dates the date of the enactment of this Act. (12) National Archives \nThe term National Archives means the National Archives and Records Administration and all components thereof, including presidential archival depositories established under section 2112 of title 44, United States Code. (13) Non-human intelligence \nThe term non-human intelligence means any sentient intelligent non-human lifeform regardless of nature or ultimate origin that may be presumed responsible for unidentified anomalous phenomena or of which the Federal Government has become aware. (14) Originating body \nThe term originating body means the Executive agency, Federal Government commission, committee of Congress, or other Governmental entity that created a record or particular information within a record. (15) Prosaic attribution \nThe term prosaic attribution means having a human (either foreign or domestic) origin and operating according to current, proven, and generally understood scientific and engineering principles and established laws-of-nature and not attributable to non-human intelligence. (16) Public interest \nThe term public interest means the compelling interest in the prompt public disclosure of unidentified anomalous phenomena records for historical and Governmental purposes and for the purpose of fully informing the people of the United States about the history of the Federal Government’s knowledge and involvement surrounding unidentified anomalous phenomena. (17) Record \nThe term record includes a book, paper, report, memorandum, directive, email, text, or other form of communication, or map, photograph, sound or video recording, machine-readable material, computerized, digitized, or electronic information, including intelligence, surveillance, reconnaissance, and target acquisition sensor data, regardless of the medium on which it is stored, or other documentary material, regardless of its physical form or characteristics. (18) Review Board \nThe term Review Board means the Unidentified Anomalous Phenomena Records Review Board established by section 9007. (19) Technologies of unknown origin \nThe term technologies of unknown origin means any materials or meta-materials, ejecta, crash debris, mechanisms, machinery, equipment, assemblies or sub-assemblies, engineering models or processes, damaged or intact aerospace vehicles, and damaged or intact ocean-surface and undersea craft associated with unidentified anomalous phenomena or incorporating science and technology that lacks prosaic attribution or known means of human manufacture. (20) Temporarily non-attributed objects \n(A) In general \nThe term temporarily non-attributed objects means the class of objects that temporarily resist prosaic attribution by the initial observer as a result of environmental or system limitations associated with the observation process that nevertheless ultimately have an accepted human origin or known physical cause. Although some unidentified anomalous phenomena may at first be interpreted as temporarily non-attributed objects, they are not temporarily non-attributed objects, and the two categories are mutually exclusive. (B) Inclusion \nThe term temporarily non-attributed objects includes— (i) natural celestial, meteorological, and undersea weather phenomena; (ii) mundane human-made airborne objects, clutter, and marine debris; (iii) Federal, State, and local government, commercial industry, academic, and private sector aerospace platforms; (iv) Federal, State, and local government, commercial industry, academic, and private sector ocean-surface and undersea vehicles; and (v) known foreign systems. (21) Third agency \nThe term third agency means a Government agency that originated a unidentified anomalous phenomena record that is in the possession of another Government agency. (22) Unidentified anomalous phenomena \n(A) In general \nThe term unidentified anomalous phenomena means any object operating or judged capable of operating in outer-space, the atmosphere, ocean surfaces, or undersea lacking prosaic attribution due to performance characteristics and properties not previously known to be achievable based upon commonly accepted physical principles. Unidentified anomalous phenomena are differentiated from both attributed and temporarily non-attributed objects by one or more of the following observables: (i) Instantaneous acceleration absent apparent inertia. (ii) Hypersonic velocity absent a thermal signature and sonic shockwave. (iii) Transmedium (such as space-to-ground and air-to-undersea) travel. (iv) Positive lift contrary to known aerodynamic principles. (v) Multispectral signature control. (vi) Physical or invasive biological effects to close observers and the environment. (B) Inclusions \nThe term unidentified anomalous phenomena includes what were previously described as— (i) flying discs; (ii) flying saucers; (iii) unidentified aerial phenomena; (iv) unidentified flying objects (UFOs); and (v) unidentified submerged objects (USOs). (23) Unidentified anomalous phenomena record \nThe term unidentified anomalous phenomena record means a record that is related to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence (and all equivalent subjects by any other name with the specific and sole exclusion of temporarily non-attributed objects) that was created or made available for use by, obtained by, or otherwise came into the possession of— (A) the Executive Office of the President; (B) the Department of Defense and its progenitors, the Department of War and the Department of the Navy; (C) the Department of the Army; (D) the Department of the Navy; (E) the Department of the Air Force, specifically the Air Force Office of Special Investigations; (F) the Department of Energy and its progenitors, the Manhattan Project, the Atomic Energy Commission, and the Energy Research and Development Administration; (G) the Office of the Director of National Intelligence; (H) the Central Intelligence Agency and its progenitor, the Office of Strategic Services; (I) the National Reconnaissance Office; (J) the Defense Intelligence Agency; (K) the National Security Agency; (L) the National Geospatial-Intelligence Agency; (M) the National Aeronautics and Space Administration: (N) the Federal Bureau of Investigation; (O) the Federal Aviation Administration; (P) the National Oceanic and Atmospheric Administration; (Q) the Library of Congress; (R) the National Archives and Records Administration; (S) any Presidential library; (T) any Executive agency; (U) any independent office or agency; (V) any other department, office, agency, committee, or commission of the Federal Government; (W) any State or local government department, office, agency, committee, or commission that provided support or assistance or performed work, in connection with a Federal inquiry into unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence; and (X) any private sector person or entity formerly or currently under contract or some other agreement with the Federal Government.", "id": "id04e11078b6c14e01a78635ee60256358", "header": "Definitions", "nested": [], "links": [] }, { "text": "9004. Unidentified Anomalous Phenomena Records Collection at the National Archives and Records Administration \n(a) Establishment \n(1) In general \n(A) Not later than 60 days after the date of the enactment of this Act, the Archivist shall commence establishment of a collection of records in the National Archives to be known as the Unidentified Anomalous Phenomena Records Collection. (B) In carrying out subparagraph (A), the Archivist shall ensure the physical integrity and original provenance (or if indeterminate, the earliest historical owner) of all records in the Collection. (C) The Collection shall consist of record copies of all Government, Government-provided, or Government-funded records relating to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence (or equivalent subjects by any other name with the specific and sole exclusion of temporarily non-attributed objects), which shall be transmitted to the National Archives in accordance with section 2107 of title 44, United States Code. (D) The Archivist shall prepare and publish a subject guidebook and index to the Collection. (2) Contents \nThe Collection shall include the following: (A) All unidentified anomalous phenomena records, regardless of age or date of creation— (i) that have been transmitted to the National Archives or disclosed to the public in an unredacted form prior to the date of the enactment of this Act; (ii) that are required to be transmitted to the National Archives; and (iii) that the disclosure of which is postponed under this Act. (B) A central directory comprised of identification aids created for each record transmitted to the Archivist under section 9005. (C) All Review Board records as required by this Act. (b) Disclosure of records \nAll unidentified anomalous phenomena records transmitted to the National Archives for disclosure to the public shall— (1) be included in the Collection; and (2) be available to the public— (A) for inspection and copying at the National Archives within 30 days after their transmission to the National Archives; and (B) digitally via the National Archives online database within a reasonable amount of time not to exceed 180 days thereafter. (c) Fees for copying \n(1) In general \nThe Archivist shall— (A) charge fees for copying unidentified anomalous phenomena records; and (B) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code. (2) Amount of fees \nThe amount of a fee charged by the Archivist pursuant to paragraph (1)(A) for the copying of an unidentified anomalous phenomena record shall be such amount as the Archivist determines appropriate to cover the costs incurred by the National Archives in making and providing such copy, except that in no case may the amount of the fee charged exceed the actual expenses incurred by the National Archives in making and providing such copy. (d) Additional requirements \n(1) Use of funds \nThe Collection shall be preserved, protected, archived, digitized, and made available to the public at the National Archives and via the official National Archives online database using appropriations authorized, specified, and restricted for use under the terms of this Act. (2) Security of records \nThe National Security Program Office at the National Archives, in consultation with the National Archives Information Security Oversight Office, shall establish a program to ensure the security of the postponed unidentified anomalous phenomena records in the protected, and yet-to-be disclosed or classified portion of the Collection. (e) Oversight \n(1) Senate \nThe Committee on Homeland Security and Governmental Affairs of the Senate shall have continuing legislative oversight jurisdiction in the Senate with respect to the Collection. (2) House of Representatives \nThe Committee on Oversight and Accountability of the House of Representatives shall have continuing legislative oversight jurisdiction in the House of Representatives with respect to the Collection.", "id": "id063b9c2b2e914fe397bdbb060c3e7a87", "header": "Unidentified Anomalous Phenomena Records Collection at the National Archives and Records Administration", "nested": [ { "text": "(a) Establishment \n(1) In general \n(A) Not later than 60 days after the date of the enactment of this Act, the Archivist shall commence establishment of a collection of records in the National Archives to be known as the Unidentified Anomalous Phenomena Records Collection. (B) In carrying out subparagraph (A), the Archivist shall ensure the physical integrity and original provenance (or if indeterminate, the earliest historical owner) of all records in the Collection. (C) The Collection shall consist of record copies of all Government, Government-provided, or Government-funded records relating to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence (or equivalent subjects by any other name with the specific and sole exclusion of temporarily non-attributed objects), which shall be transmitted to the National Archives in accordance with section 2107 of title 44, United States Code. (D) The Archivist shall prepare and publish a subject guidebook and index to the Collection. (2) Contents \nThe Collection shall include the following: (A) All unidentified anomalous phenomena records, regardless of age or date of creation— (i) that have been transmitted to the National Archives or disclosed to the public in an unredacted form prior to the date of the enactment of this Act; (ii) that are required to be transmitted to the National Archives; and (iii) that the disclosure of which is postponed under this Act. (B) A central directory comprised of identification aids created for each record transmitted to the Archivist under section 9005. (C) All Review Board records as required by this Act.", "id": "id38cf24e50b6c4ef0a22d389b6d0a1544", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Disclosure of records \nAll unidentified anomalous phenomena records transmitted to the National Archives for disclosure to the public shall— (1) be included in the Collection; and (2) be available to the public— (A) for inspection and copying at the National Archives within 30 days after their transmission to the National Archives; and (B) digitally via the National Archives online database within a reasonable amount of time not to exceed 180 days thereafter.", "id": "idd6dfb75ca84842bb84fb9219f273325c", "header": "Disclosure of records", "nested": [], "links": [] }, { "text": "(c) Fees for copying \n(1) In general \nThe Archivist shall— (A) charge fees for copying unidentified anomalous phenomena records; and (B) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code. (2) Amount of fees \nThe amount of a fee charged by the Archivist pursuant to paragraph (1)(A) for the copying of an unidentified anomalous phenomena record shall be such amount as the Archivist determines appropriate to cover the costs incurred by the National Archives in making and providing such copy, except that in no case may the amount of the fee charged exceed the actual expenses incurred by the National Archives in making and providing such copy.", "id": "idc99bc0ae1da045a5a581e08b85d1d93f", "header": "Fees for copying", "nested": [], "links": [] }, { "text": "(d) Additional requirements \n(1) Use of funds \nThe Collection shall be preserved, protected, archived, digitized, and made available to the public at the National Archives and via the official National Archives online database using appropriations authorized, specified, and restricted for use under the terms of this Act. (2) Security of records \nThe National Security Program Office at the National Archives, in consultation with the National Archives Information Security Oversight Office, shall establish a program to ensure the security of the postponed unidentified anomalous phenomena records in the protected, and yet-to-be disclosed or classified portion of the Collection.", "id": "id8a5c9b4590d044f7a02bf052bafa6e1d", "header": "Additional requirements", "nested": [], "links": [] }, { "text": "(e) Oversight \n(1) Senate \nThe Committee on Homeland Security and Governmental Affairs of the Senate shall have continuing legislative oversight jurisdiction in the Senate with respect to the Collection. (2) House of Representatives \nThe Committee on Oversight and Accountability of the House of Representatives shall have continuing legislative oversight jurisdiction in the House of Representatives with respect to the Collection.", "id": "id2292c4043efe4149b04d91617c6d096b", "header": "Oversight", "nested": [], "links": [] } ], "links": [] }, { "text": "9005. Review, identification, transmission to the National Archives, and public disclosure of unidentified anomalous phenomena records by Government offices \n(a) Identification, organization, and preparation for transmission \n(1) In general \nAs soon as practicable after the date of the enactment of this Act, each head of a Government office shall— (A) identify and organize records in the possession of the Government office or under the control of the Government office relating to unidentified anomalous phenomena; and (B) prepare such records for transmission to the Archivist for inclusion in the Collection. (2) Prohibitions \n(A) No unidentified anomalous phenomena record shall be destroyed, altered, or mutilated in any way. (B) No unidentified anomalous phenomena record made available or disclosed to the public prior to the date of the enactment of this Act may be withheld, redacted, postponed for public disclosure, or reclassified. (C) No unidentified anomalous phenomena record created by a person or entity outside the Federal Government (excluding names or identities consistent with the requirements of section 9006) shall be withheld, redacted, postponed for public disclosure, or reclassified. (b) Custody of unidentified anomalous phenomena records pending review \nDuring the review by the heads of Government offices under subsection (c) and pending review activity by the Review Board, each head of a Government office shall retain custody of the unidentified anomalous phenomena records of the office for purposes of preservation, security, and efficiency, unless— (1) the Review Board requires the physical transfer of the records for purposes of conducting an independent and impartial review; (2) transfer is necessary for an administrative hearing or other Review Board function; or (3) it is a third agency record described in subsection (c)(2)(C). (c) Review by heads of Government offices \n(1) In general \nNot later than 300 days after the date of the enactment of this Act, each head of a Government office shall review, identify, and organize each unidentified anomalous phenomena record in the custody or possession of the office for— (A) disclosure to the public; (B) review by the Review Board; and (C) transmission to the Archivist. (2) Requirements \nIn carrying out paragraph (1), the head of a Government office shall— (A) determine which of the records of the office are unidentified anomalous phenomena records; (B) determine which of the unidentified anomalous phenomena records of the office have been officially disclosed or made publicly available in a complete and unredacted form; (C) (i) determine which of the unidentified anomalous phenomena records of the office, or particular information contained in such a record, was created by a third agency or by another Government office; and (ii) transmit to a third agency or other Government office those records, or particular information contained in those records, or complete and accurate copies thereof; (D) (i) determine whether the unidentified anomalous phenomena records of the office or particular information in unidentified anomalous phenomena records of the office are covered by the standards for postponement of public disclosure under this division; and (ii) specify on the identification aid required by subsection (d) the applicable postponement provision contained in section 9006; (E) organize and make available to the Review Board all unidentified anomalous phenomena records identified under subparagraph (D) the public disclosure of, which in-whole or in-part, may be postponed under this division; (F) organize and make available to the Review Board any record concerning which the office has any uncertainty as to whether the record is an unidentified anomalous phenomena record governed by this division; (G) give precedence of work to— (i) the identification, review, and transmission of unidentified anomalous phenomena records not already publicly available or disclosed as of the date of the enactment of this Act; (ii) the identification, review, and transmission of all records that most unambiguously and definitively pertain to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence; (iii) the identification, review, and transmission of unidentified anomalous phenomena records that on the date of the enactment of this Act are the subject of litigation under section 552 of title 5, United States Code; and (iv) the identification, review, and transmission of unidentified anomalous phenomena records with earliest provenance when not inconsistent with clauses (i) through (iii) and otherwise feasible; and (H) make available to the Review Board any additional information and records that the Review Board has reason to believe the Review Board requires for conducting a review under this division. (3) Priority of expedited review for directors of certain archival depositories \nThe Director of each archival depository established under section 2112 of title 44, United States Code, shall have as a priority the expedited review for public disclosure of unidentified anomalous phenomena records in the possession and custody of the depository, and shall make such records available to the Review Board as required by this division. (d) Identification aids \n(1) In general \n(A) Not later than 45 days after the date of the enactment of this Act, the Archivist, in consultation with the heads of such Government offices as the Archivist considers appropriate, shall prepare and make available to all Government offices a standard form of identification, or finding aid, for use with each unidentified anomalous phenomena record subject to review under this division whether in hardcopy (physical), softcopy (electronic), or digitized data format as may be appropriate. (B) The Archivist shall ensure that the identification aid program is established in such a manner as to result in the creation of a uniform system for cataloging and finding every unidentified anomalous phenomena record subject to review under this division where ever and how ever stored in hardcopy (physical), softcopy (electronic), or digitized data format. (2) Requirements for Government offices \nUpon completion of an identification aid using the standard form of identification prepared and made available under subparagraph (A) of paragraph (1) for the program established pursuant to subparagraph (B) of such paragraph, the head of a Government office shall— (A) attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record, the identification aid describes; (B) transmit to the Review Board a printed copy for each physical unidentified anomalous phenomena record and an electronic copy for each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes; and (C) attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes, when transmitted to the Archivist. (3) Records of the National Archives that are publicly available \nUnidentified anomalous phenomena records which are in the possession of the National Archives on the date of the enactment of this Act, and which have been publicly available in their entirety without redaction, shall be made available in the Collection without any additional review by the Review Board or another authorized office under this division, and shall not be required to have such an identification aid unless required by the Archivist. (e) Transmission to the National Archives \nEach head of a Government office shall— (1) transmit to the Archivist, and make immediately available to the public, all unidentified anomalous phenomena records of the Government office that can be publicly disclosed, including those that are publicly available on the date of the enactment of this Act, without any redaction, adjustment, or withholding under the standards of this division; and (2) transmit to the Archivist upon approval for postponement by the Review Board or upon completion of other action authorized by this division, all unidentified anomalous phenomena records of the Government office the public disclosure of which has been postponed, in whole or in part, under the standards of this division, to become part of the protected, yet-to-be disclosed, or classified portion of the Collection. (f) Custody of postponed unidentified anomalous phenomena records \nAn unidentified anomalous phenomena record the public disclosure of which has been postponed shall, pending transmission to the Archivist, be held for reasons of security and preservation by the originating body until such time as the information security program has been established at the National Archives as required in section 9004(d)(2). (g) Periodic review of postponed unidentified anomalous phenomena records \n(1) In general \nAll postponed or redacted records shall be reviewed periodically by the originating agency and the Archivist consistent with the recommendations of the Review Board in the Controlled Disclosure Campaign Plan under section 9009(c)(3)(B). (2) Requirements \n(A) A periodic review under paragraph (1) shall address the public disclosure of additional unidentified anomalous phenomena records in the Collection under the standards of this division. (B) All postponed unidentified anomalous phenomena records determined to require continued postponement shall require an unclassified written description of the reason for such continued postponement relevant to these specific records. Such description shall be provided to the Archivist and published in the Federal Register upon determination. (C) The time and release requirements specified in the Controlled Disclosure Campaign Plan shall be revised or amended only if the Review Board is still in session and concurs with the rationale for postponement, subject to the limitations in section 9009(d)(1). (D) The periodic review of postponed unidentified anomalous phenomena records shall serve to downgrade and declassify security classified information. (E) Each unidentified anomalous phenomena record shall be publicly disclosed in full, and available in the Collection, not later than the date that is 25 years after the date of the first creation of the record by the originating body, unless the President certifies, as required by this division, that— (i) continued postponement is made necessary by an identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations; and (ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure. (h) Requirements for Executive agencies \n(1) In general \nExecutive agencies shall— (A) transmit digital records electronically in accordance with section 2107 of title 44, United States Code; (B) charge fees for copying unidentified anomalous phenomena records; and (C) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code. (2) Amount of fees \nThe amount of a fee charged by the head of an Executive agency pursuant to paragraph (1)(B) for the copying of an unidentified anomalous phenomena record shall be such amount as the head determines appropriate to cover the costs incurred by the Executive agency in making and providing such copy, except that in no case may the amount of the fee charged exceed the actual expenses incurred by the Executive agency in making and providing such copy.", "id": "idf645581d2cb64e9887ffa5d5f4fd157c", "header": "Review, identification, transmission to the National Archives, and public disclosure of unidentified anomalous phenomena records by Government offices", "nested": [ { "text": "(a) Identification, organization, and preparation for transmission \n(1) In general \nAs soon as practicable after the date of the enactment of this Act, each head of a Government office shall— (A) identify and organize records in the possession of the Government office or under the control of the Government office relating to unidentified anomalous phenomena; and (B) prepare such records for transmission to the Archivist for inclusion in the Collection. (2) Prohibitions \n(A) No unidentified anomalous phenomena record shall be destroyed, altered, or mutilated in any way. (B) No unidentified anomalous phenomena record made available or disclosed to the public prior to the date of the enactment of this Act may be withheld, redacted, postponed for public disclosure, or reclassified. (C) No unidentified anomalous phenomena record created by a person or entity outside the Federal Government (excluding names or identities consistent with the requirements of section 9006) shall be withheld, redacted, postponed for public disclosure, or reclassified.", "id": "idf40fcc68d6e54fa8a7ded30892399c69", "header": "Identification, organization, and preparation for transmission", "nested": [], "links": [] }, { "text": "(b) Custody of unidentified anomalous phenomena records pending review \nDuring the review by the heads of Government offices under subsection (c) and pending review activity by the Review Board, each head of a Government office shall retain custody of the unidentified anomalous phenomena records of the office for purposes of preservation, security, and efficiency, unless— (1) the Review Board requires the physical transfer of the records for purposes of conducting an independent and impartial review; (2) transfer is necessary for an administrative hearing or other Review Board function; or (3) it is a third agency record described in subsection (c)(2)(C).", "id": "id70a79c8ae2c445f092ad019a07a5a36a", "header": "Custody of unidentified anomalous phenomena records pending review", "nested": [], "links": [] }, { "text": "(c) Review by heads of Government offices \n(1) In general \nNot later than 300 days after the date of the enactment of this Act, each head of a Government office shall review, identify, and organize each unidentified anomalous phenomena record in the custody or possession of the office for— (A) disclosure to the public; (B) review by the Review Board; and (C) transmission to the Archivist. (2) Requirements \nIn carrying out paragraph (1), the head of a Government office shall— (A) determine which of the records of the office are unidentified anomalous phenomena records; (B) determine which of the unidentified anomalous phenomena records of the office have been officially disclosed or made publicly available in a complete and unredacted form; (C) (i) determine which of the unidentified anomalous phenomena records of the office, or particular information contained in such a record, was created by a third agency or by another Government office; and (ii) transmit to a third agency or other Government office those records, or particular information contained in those records, or complete and accurate copies thereof; (D) (i) determine whether the unidentified anomalous phenomena records of the office or particular information in unidentified anomalous phenomena records of the office are covered by the standards for postponement of public disclosure under this division; and (ii) specify on the identification aid required by subsection (d) the applicable postponement provision contained in section 9006; (E) organize and make available to the Review Board all unidentified anomalous phenomena records identified under subparagraph (D) the public disclosure of, which in-whole or in-part, may be postponed under this division; (F) organize and make available to the Review Board any record concerning which the office has any uncertainty as to whether the record is an unidentified anomalous phenomena record governed by this division; (G) give precedence of work to— (i) the identification, review, and transmission of unidentified anomalous phenomena records not already publicly available or disclosed as of the date of the enactment of this Act; (ii) the identification, review, and transmission of all records that most unambiguously and definitively pertain to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence; (iii) the identification, review, and transmission of unidentified anomalous phenomena records that on the date of the enactment of this Act are the subject of litigation under section 552 of title 5, United States Code; and (iv) the identification, review, and transmission of unidentified anomalous phenomena records with earliest provenance when not inconsistent with clauses (i) through (iii) and otherwise feasible; and (H) make available to the Review Board any additional information and records that the Review Board has reason to believe the Review Board requires for conducting a review under this division. (3) Priority of expedited review for directors of certain archival depositories \nThe Director of each archival depository established under section 2112 of title 44, United States Code, shall have as a priority the expedited review for public disclosure of unidentified anomalous phenomena records in the possession and custody of the depository, and shall make such records available to the Review Board as required by this division.", "id": "idbc86bc3efede4aa9a3a9ae5bb9ec396d", "header": "Review by heads of Government offices", "nested": [], "links": [] }, { "text": "(d) Identification aids \n(1) In general \n(A) Not later than 45 days after the date of the enactment of this Act, the Archivist, in consultation with the heads of such Government offices as the Archivist considers appropriate, shall prepare and make available to all Government offices a standard form of identification, or finding aid, for use with each unidentified anomalous phenomena record subject to review under this division whether in hardcopy (physical), softcopy (electronic), or digitized data format as may be appropriate. (B) The Archivist shall ensure that the identification aid program is established in such a manner as to result in the creation of a uniform system for cataloging and finding every unidentified anomalous phenomena record subject to review under this division where ever and how ever stored in hardcopy (physical), softcopy (electronic), or digitized data format. (2) Requirements for Government offices \nUpon completion of an identification aid using the standard form of identification prepared and made available under subparagraph (A) of paragraph (1) for the program established pursuant to subparagraph (B) of such paragraph, the head of a Government office shall— (A) attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record, the identification aid describes; (B) transmit to the Review Board a printed copy for each physical unidentified anomalous phenomena record and an electronic copy for each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes; and (C) attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes, when transmitted to the Archivist. (3) Records of the National Archives that are publicly available \nUnidentified anomalous phenomena records which are in the possession of the National Archives on the date of the enactment of this Act, and which have been publicly available in their entirety without redaction, shall be made available in the Collection without any additional review by the Review Board or another authorized office under this division, and shall not be required to have such an identification aid unless required by the Archivist.", "id": "id9492b1294f9f490898668246f730c4f5", "header": "Identification aids", "nested": [], "links": [] }, { "text": "(e) Transmission to the National Archives \nEach head of a Government office shall— (1) transmit to the Archivist, and make immediately available to the public, all unidentified anomalous phenomena records of the Government office that can be publicly disclosed, including those that are publicly available on the date of the enactment of this Act, without any redaction, adjustment, or withholding under the standards of this division; and (2) transmit to the Archivist upon approval for postponement by the Review Board or upon completion of other action authorized by this division, all unidentified anomalous phenomena records of the Government office the public disclosure of which has been postponed, in whole or in part, under the standards of this division, to become part of the protected, yet-to-be disclosed, or classified portion of the Collection.", "id": "id4b5b8303e2344d36bf083afab46f3a37", "header": "Transmission to the National Archives", "nested": [], "links": [] }, { "text": "(f) Custody of postponed unidentified anomalous phenomena records \nAn unidentified anomalous phenomena record the public disclosure of which has been postponed shall, pending transmission to the Archivist, be held for reasons of security and preservation by the originating body until such time as the information security program has been established at the National Archives as required in section 9004(d)(2).", "id": "id655039a8cc154bb0b05ac119853898ca", "header": "Custody of postponed unidentified anomalous phenomena records", "nested": [], "links": [] }, { "text": "(g) Periodic review of postponed unidentified anomalous phenomena records \n(1) In general \nAll postponed or redacted records shall be reviewed periodically by the originating agency and the Archivist consistent with the recommendations of the Review Board in the Controlled Disclosure Campaign Plan under section 9009(c)(3)(B). (2) Requirements \n(A) A periodic review under paragraph (1) shall address the public disclosure of additional unidentified anomalous phenomena records in the Collection under the standards of this division. (B) All postponed unidentified anomalous phenomena records determined to require continued postponement shall require an unclassified written description of the reason for such continued postponement relevant to these specific records. Such description shall be provided to the Archivist and published in the Federal Register upon determination. (C) The time and release requirements specified in the Controlled Disclosure Campaign Plan shall be revised or amended only if the Review Board is still in session and concurs with the rationale for postponement, subject to the limitations in section 9009(d)(1). (D) The periodic review of postponed unidentified anomalous phenomena records shall serve to downgrade and declassify security classified information. (E) Each unidentified anomalous phenomena record shall be publicly disclosed in full, and available in the Collection, not later than the date that is 25 years after the date of the first creation of the record by the originating body, unless the President certifies, as required by this division, that— (i) continued postponement is made necessary by an identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations; and (ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure.", "id": "idc8be89badd584e78a1821e626b40fdfa", "header": "Periodic review of postponed unidentified anomalous phenomena records", "nested": [], "links": [] }, { "text": "(h) Requirements for Executive agencies \n(1) In general \nExecutive agencies shall— (A) transmit digital records electronically in accordance with section 2107 of title 44, United States Code; (B) charge fees for copying unidentified anomalous phenomena records; and (C) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code. (2) Amount of fees \nThe amount of a fee charged by the head of an Executive agency pursuant to paragraph (1)(B) for the copying of an unidentified anomalous phenomena record shall be such amount as the head determines appropriate to cover the costs incurred by the Executive agency in making and providing such copy, except that in no case may the amount of the fee charged exceed the actual expenses incurred by the Executive agency in making and providing such copy.", "id": "idfb09a88bc8ee46a980dd291d0ceb1dc6", "header": "Requirements for Executive agencies", "nested": [], "links": [] } ], "links": [] }, { "text": "9006. Grounds for postponement of public disclosure of unidentified anomalous phenomena records \nDisclosure of unidentified anomalous phenomena records or particular information in unidentified anomalous phenomena records to the public may be postponed subject to the limitations of this division if there is clear and convincing evidence that— (1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States posed by the public disclosure of the unidentified anomalous phenomena record is of such gravity that it outweighs the public interest in disclosure, and such public disclosure would reveal— (A) an intelligence agent whose identity currently requires protection; (B) an intelligence source or method which is currently utilized, or reasonably expected to be utilized, by the Federal Government and which has not been officially disclosed, the disclosure of which would interfere with the conduct of intelligence activities; or (C) any other matter currently relating to the military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably and substantially impair the national security of the United States; (2) the public disclosure of the unidentified anomalous phenomena record would reveal the name or identity of a living person who provided confidential information to the Federal Government and would pose a substantial risk of harm to that person; (3) the public disclosure of the unidentified anomalous phenomena record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; or (4) the public disclosure of the unidentified anomalous phenomena record would compromise the existence of an understanding of confidentiality currently requiring protection between a Federal Government agent and a cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest.", "id": "ida7f7c7fef54e4a55bddd4f90bc197910", "header": "Grounds for postponement of public disclosure of unidentified anomalous phenomena records", "nested": [], "links": [] }, { "text": "9007. Establishment and powers of the Unidentified Anomalous Phenomena Records Review Board \n(a) Establishment \nThere is established as an independent agency a board to be known as the Unidentified Anomalous Phenomena Records Review Board. (b) Appointment \n(1) In general \nThe President, by and with the advice and consent of the Senate, shall appoint, without regard to political affiliation, 9 citizens of the United States to serve as members of the Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure of government records relating to unidentified anomalous phenomena. (2) Period for nominations \n(A) The President shall make nominations to the Review Board not later than 90 calendar days after the date of the enactment of this Act. (B) If the Senate votes not to confirm a nomination to the Review Board, the President shall make an additional nomination not later than 30 days thereafter. (3) Consideration of recommendations \n(A) The President shall make nominations to the Review Board after considering persons recommended by the following: (i) The majority leader of the Senate. (ii) The minority leader of the Senate. (iii) The Speaker of the House of Representatives. (iv) The minority leader of the House of Representatives. (v) The Secretary of Defense. (vi) The National Academy of Sciences. (vii) Established nonprofit research organizations relating to unidentified anomalous phenomena. (viii) The American Historical Association. (ix) Such other persons and organizations as the President considers appropriate. (B) If an individual or organization described in subparagraph (A) does not recommend at least 2 nominees meeting the qualifications stated in paragraph (5) by the date that is 45 days after the date of the enactment of this Act, the President shall consider for nomination the persons recommended by the other individuals and organizations described in such subparagraph. (C) The President may request an individual or organization described in subparagraph (A) to submit additional nominations. (4) Qualifications \nPersons nominated to the Review Board— (A) shall be impartial citizens, none of whom shall have had any previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence; (B) shall be distinguished persons of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the review, transmission to the public, and public disclosure of records related to the government’s understanding of, and activities associated with unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence and who possess an appreciation of the value of such material to the public, scholars, and government; and (C) shall include at least— (i) 1 current or former national security official; (ii) 1 current or former foreign service official; (iii) 1 scientist or engineer; (iv) 1 economist; (v) 1 professional historian; and (vi) 1 sociologist. (5) Mandatory conflicts of interest review \n(A) In general \nThe Director shall conduct a review of each individual nominated and appointed to the position of member of the Review Board to ensure the member does not have any conflict of interest during the term of the service of the member. (B) Reports \nDuring the course of the review under subparagraph (A), if the Director becomes aware that the member being reviewed possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the conflict of interest. (c) Security clearances \n(1) In general \nAll Review Board nominees shall be granted the necessary security clearances and accesses, including any and all relevant Presidential, departmental, and agency special access programs, in an accelerated manner subject to the standard procedures for granting such clearances. (2) Qualification for nominees \nAll nominees for appointment to the Review Board under subsection (b) shall qualify for the necessary security clearances and accesses prior to being considered for confirmation by the Committee on Homeland Security and Governmental Affairs of the Senate. (d) Consideration by the Senate \nNominations for appointment under subsection (b) shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate for consideration. (e) Vacancy \nA vacancy on the Review Board shall be filled in the same manner as specified for original appointment within 30 days of the occurrence of the vacancy. (f) Removal of Review Board member \n(1) In general \nNo member of the Review Board shall be removed from office, other than— (A) by impeachment and conviction; or (B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member’s duties. (2) Notice of removal \n(A) If a member of the Review Board is removed from office, and that removal is by the President, not later than 10 days after the removal, the President shall submit to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report specifying the facts found and the grounds for the removal. (B) The President shall publish in the Federal Register a report submitted under subparagraph (A), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law. (3) Judicial review \n(A) A member of the Review Board removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia. (B) The member may be reinstated or granted other appropriate relief by order of the court. (g) Compensation of members \n(1) In general \nA member of the Review Board, other than the Executive Director under section 9008(c)(1), shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Review Board. (2) Travel expenses \nA member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member’s home or regular place of business in the performance of services for the Review Board. (h) Duties of the Review Board \n(1) In general \nThe Review Board shall consider and render decisions on a determination by a Government office to seek to postpone the disclosure of unidentified anomalous phenomena records. (2) Considerations and rendering of decisions \nIn carrying out paragraph (1), the Review Board shall consider and render decisions— (A) whether a record constitutes a unidentified anomalous phenomena record; and (B) whether a unidentified anomalous phenomena record or particular information in a record qualifies for postponement of disclosure under this division. (i) Powers \n(1) In general \nThe Review Board shall have the authority to act in a manner prescribed under this division, including authority— (A) to direct Government offices to complete identification aids and organize unidentified anomalous phenomena records; (B) to direct Government offices to transmit to the Archivist unidentified anomalous phenomena records as required under this division, including segregable portions of unidentified anomalous phenomena records and substitutes and summaries of unidentified anomalous phenomena records that can be publicly disclosed to the fullest extent; (C) (i) to obtain access to unidentified anomalous phenomena records that have been identified and organized by a Government office; (ii) to direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals which the Review Board has reason to believe are required to fulfill its functions and responsibilities under this division; and (iii) request the Attorney General to subpoena private persons to compel testimony, records, and other information relevant to its responsibilities under this division; (D) require any Government office to account in writing for the destruction of any records relating to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence; (E) receive information from the public regarding the identification and public disclosure of unidentified anomalous phenomena records; (F) hold hearings, administer oaths, and subpoena witnesses and documents; (G) use the Federal Acquisition Service in the same manner and under the same conditions as other Executive agencies; and (H) use the United States mails in the same manner and under the same conditions as other Executive agencies. (2) Enforcement of subpoena \nA subpoena issued under paragraph (1)(C)(iii) may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board. (j) Witness immunity \nThe Review Board shall be considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code. Witnesses, close observers, and whistleblowers providing information directly to the Review Board shall also be afforded the protections provided to such persons specified under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3373b(b) ). (k) Oversight \n(1) Senate \nThe Committee on Homeland Security and Governmental Affairs of the Senate shall have continuing legislative oversight jurisdiction in the Senate with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board, and shall have access to any records held or created by the Review Board. (2) House of Representatives \nUnless otherwise determined appropriate by the House of Representatives, the Committee on Oversight and Accountability of the House of Representatives shall have continuing legislative oversight jurisdiction in the House of Representatives with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board, and shall have access to any records held or created by the Review Board. (3) Duty to cooperate \nThe Review Board shall have the duty to cooperate with the exercise of oversight jurisdiction described in this subsection. (4) Security clearances \nThe Chairmen and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives, and staff of such committees designated by such Chairmen and Ranking Members, shall be granted all security clearances and accesses held by the Review Board, including to relevant Presidential and department or agency special access and compartmented access programs. (l) Support services \nThe Administrator of the General Services Administration shall provide administrative services for the Review Board on a reimbursable basis. (m) Interpretive regulations \nThe Review Board may issue interpretive regulations. (n) Termination and winding down \n(1) In general \nThe Review Board and the terms of its members shall terminate not later than September 30, 2030, unless extended by Congress. (2) Reports \nUpon its termination, the Review Board shall submit to the President and Congress reports, including a complete and accurate accounting of expenditures during its existence and shall complete all other reporting requirements under this division. (3) Transfer of records \nUpon termination and winding down, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed.", "id": "ide0be5c5ef06b47b88d94282e730c6ce9", "header": "Establishment and powers of the Unidentified Anomalous Phenomena Records Review Board", "nested": [ { "text": "(a) Establishment \nThere is established as an independent agency a board to be known as the Unidentified Anomalous Phenomena Records Review Board.", "id": "id70cee0e6e2504608b0ee1d7d0562b64c", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Appointment \n(1) In general \nThe President, by and with the advice and consent of the Senate, shall appoint, without regard to political affiliation, 9 citizens of the United States to serve as members of the Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure of government records relating to unidentified anomalous phenomena. (2) Period for nominations \n(A) The President shall make nominations to the Review Board not later than 90 calendar days after the date of the enactment of this Act. (B) If the Senate votes not to confirm a nomination to the Review Board, the President shall make an additional nomination not later than 30 days thereafter. (3) Consideration of recommendations \n(A) The President shall make nominations to the Review Board after considering persons recommended by the following: (i) The majority leader of the Senate. (ii) The minority leader of the Senate. (iii) The Speaker of the House of Representatives. (iv) The minority leader of the House of Representatives. (v) The Secretary of Defense. (vi) The National Academy of Sciences. (vii) Established nonprofit research organizations relating to unidentified anomalous phenomena. (viii) The American Historical Association. (ix) Such other persons and organizations as the President considers appropriate. (B) If an individual or organization described in subparagraph (A) does not recommend at least 2 nominees meeting the qualifications stated in paragraph (5) by the date that is 45 days after the date of the enactment of this Act, the President shall consider for nomination the persons recommended by the other individuals and organizations described in such subparagraph. (C) The President may request an individual or organization described in subparagraph (A) to submit additional nominations. (4) Qualifications \nPersons nominated to the Review Board— (A) shall be impartial citizens, none of whom shall have had any previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence; (B) shall be distinguished persons of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the review, transmission to the public, and public disclosure of records related to the government’s understanding of, and activities associated with unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence and who possess an appreciation of the value of such material to the public, scholars, and government; and (C) shall include at least— (i) 1 current or former national security official; (ii) 1 current or former foreign service official; (iii) 1 scientist or engineer; (iv) 1 economist; (v) 1 professional historian; and (vi) 1 sociologist. (5) Mandatory conflicts of interest review \n(A) In general \nThe Director shall conduct a review of each individual nominated and appointed to the position of member of the Review Board to ensure the member does not have any conflict of interest during the term of the service of the member. (B) Reports \nDuring the course of the review under subparagraph (A), if the Director becomes aware that the member being reviewed possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the conflict of interest.", "id": "idb2e6ee2a81f54d578689aa0b75545214", "header": "Appointment", "nested": [], "links": [] }, { "text": "(c) Security clearances \n(1) In general \nAll Review Board nominees shall be granted the necessary security clearances and accesses, including any and all relevant Presidential, departmental, and agency special access programs, in an accelerated manner subject to the standard procedures for granting such clearances. (2) Qualification for nominees \nAll nominees for appointment to the Review Board under subsection (b) shall qualify for the necessary security clearances and accesses prior to being considered for confirmation by the Committee on Homeland Security and Governmental Affairs of the Senate.", "id": "id1ed93d32a4db421eb5291a5511a91e5c", "header": "Security clearances", "nested": [], "links": [] }, { "text": "(d) Consideration by the Senate \nNominations for appointment under subsection (b) shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate for consideration.", "id": "idf55b17e6020b4ac5b8a32682379adb60", "header": "Consideration by the Senate", "nested": [], "links": [] }, { "text": "(e) Vacancy \nA vacancy on the Review Board shall be filled in the same manner as specified for original appointment within 30 days of the occurrence of the vacancy.", "id": "idab1a6bc0aa6b4c8e89494bcac1d63c3b", "header": "Vacancy", "nested": [], "links": [] }, { "text": "(f) Removal of Review Board member \n(1) In general \nNo member of the Review Board shall be removed from office, other than— (A) by impeachment and conviction; or (B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member’s duties. (2) Notice of removal \n(A) If a member of the Review Board is removed from office, and that removal is by the President, not later than 10 days after the removal, the President shall submit to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report specifying the facts found and the grounds for the removal. (B) The President shall publish in the Federal Register a report submitted under subparagraph (A), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law. (3) Judicial review \n(A) A member of the Review Board removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia. (B) The member may be reinstated or granted other appropriate relief by order of the court.", "id": "id601bd0caa9bd4e69999ec100d9f0eed8", "header": "Removal of Review Board member", "nested": [], "links": [] }, { "text": "(g) Compensation of members \n(1) In general \nA member of the Review Board, other than the Executive Director under section 9008(c)(1), shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Review Board. (2) Travel expenses \nA member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member’s home or regular place of business in the performance of services for the Review Board.", "id": "ide5d93b8466a34c1c80a5463e4f0b04b7", "header": "Compensation of members", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "(h) Duties of the Review Board \n(1) In general \nThe Review Board shall consider and render decisions on a determination by a Government office to seek to postpone the disclosure of unidentified anomalous phenomena records. (2) Considerations and rendering of decisions \nIn carrying out paragraph (1), the Review Board shall consider and render decisions— (A) whether a record constitutes a unidentified anomalous phenomena record; and (B) whether a unidentified anomalous phenomena record or particular information in a record qualifies for postponement of disclosure under this division.", "id": "id152a0cb35e9d4fbcbfe5488c9975a195", "header": "Duties of the Review Board", "nested": [], "links": [] }, { "text": "(i) Powers \n(1) In general \nThe Review Board shall have the authority to act in a manner prescribed under this division, including authority— (A) to direct Government offices to complete identification aids and organize unidentified anomalous phenomena records; (B) to direct Government offices to transmit to the Archivist unidentified anomalous phenomena records as required under this division, including segregable portions of unidentified anomalous phenomena records and substitutes and summaries of unidentified anomalous phenomena records that can be publicly disclosed to the fullest extent; (C) (i) to obtain access to unidentified anomalous phenomena records that have been identified and organized by a Government office; (ii) to direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals which the Review Board has reason to believe are required to fulfill its functions and responsibilities under this division; and (iii) request the Attorney General to subpoena private persons to compel testimony, records, and other information relevant to its responsibilities under this division; (D) require any Government office to account in writing for the destruction of any records relating to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence; (E) receive information from the public regarding the identification and public disclosure of unidentified anomalous phenomena records; (F) hold hearings, administer oaths, and subpoena witnesses and documents; (G) use the Federal Acquisition Service in the same manner and under the same conditions as other Executive agencies; and (H) use the United States mails in the same manner and under the same conditions as other Executive agencies. (2) Enforcement of subpoena \nA subpoena issued under paragraph (1)(C)(iii) may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board.", "id": "id68bf47f1c4a5403d85be3bc099d19798", "header": "Powers", "nested": [], "links": [] }, { "text": "(j) Witness immunity \nThe Review Board shall be considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code. Witnesses, close observers, and whistleblowers providing information directly to the Review Board shall also be afforded the protections provided to such persons specified under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3373b(b) ).", "id": "id5916cecce0de479090304a798add6c73", "header": "Witness immunity", "nested": [], "links": [ { "text": "50 U.S.C. 3373b(b)", "legal-doc": "usc", "parsable-cite": "usc/50/3373b" } ] }, { "text": "(k) Oversight \n(1) Senate \nThe Committee on Homeland Security and Governmental Affairs of the Senate shall have continuing legislative oversight jurisdiction in the Senate with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board, and shall have access to any records held or created by the Review Board. (2) House of Representatives \nUnless otherwise determined appropriate by the House of Representatives, the Committee on Oversight and Accountability of the House of Representatives shall have continuing legislative oversight jurisdiction in the House of Representatives with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board, and shall have access to any records held or created by the Review Board. (3) Duty to cooperate \nThe Review Board shall have the duty to cooperate with the exercise of oversight jurisdiction described in this subsection. (4) Security clearances \nThe Chairmen and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives, and staff of such committees designated by such Chairmen and Ranking Members, shall be granted all security clearances and accesses held by the Review Board, including to relevant Presidential and department or agency special access and compartmented access programs.", "id": "id42CBB61C63C847ECBCF35E746FF0995F", "header": "Oversight", "nested": [], "links": [] }, { "text": "(l) Support services \nThe Administrator of the General Services Administration shall provide administrative services for the Review Board on a reimbursable basis.", "id": "id0b608465e07b4010b36a08d6617521dd", "header": "Support services", "nested": [], "links": [] }, { "text": "(m) Interpretive regulations \nThe Review Board may issue interpretive regulations.", "id": "idf3ffca971c36400da4cf4c85fdfeec19", "header": "Interpretive regulations", "nested": [], "links": [] }, { "text": "(n) Termination and winding down \n(1) In general \nThe Review Board and the terms of its members shall terminate not later than September 30, 2030, unless extended by Congress. (2) Reports \nUpon its termination, the Review Board shall submit to the President and Congress reports, including a complete and accurate accounting of expenditures during its existence and shall complete all other reporting requirements under this division. (3) Transfer of records \nUpon termination and winding down, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed.", "id": "id2016a49cfb1a40488d75c12a36334218", "header": "Termination and winding down", "nested": [], "links": [] } ], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" }, { "text": "50 U.S.C. 3373b(b)", "legal-doc": "usc", "parsable-cite": "usc/50/3373b" } ] }, { "text": "9008. Unidentified Anomalous Phenomena Records Review Board personnel \n(a) Executive Director \n(1) Appointment \nNot later than 45 days after the date of the enactment of this Act, the President shall appoint 1 citizen of the United States, without regard to political affiliation, to the position of Executive Director of the Review Board. This position counts as 1 of the 9 Review Board members under section 9007(b)(1). (2) Qualifications \nThe person appointed as Executive Director shall be a private citizen of integrity and impartiality who— (A) is a distinguished professional; and (B) is not a present employee of the Federal Government; and (C) has had no previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence. (3) Mandatory conflicts of interest review \n(A) In general \nThe Director shall conduct a review of each individual appointed to the position of Executive Director to ensure the Executive Director does not have any conflict of interest during the term of the service of the Executive Director. (B) Reports \nDuring the course of the review under subparagraph (A), if the Director becomes aware that the Executive Director possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the conflict of interest. (4) Security clearances \n(A) A candidate for Executive Director shall be granted all the necessary security clearances and accesses, including to relevant Presidential and department or agency special access and compartmented access programs in an accelerated manner subject to the standard procedures for granting such clearances. (B) A candidate shall qualify for the necessary security clearances and accesses prior to being appointed by the President. (5) Functions \nThe Executive Director shall— (A) serve as principal liaison to the Executive Office of the President and Congress; (B) serve as Chairperson of the Review Board; (C) be responsible for the administration and coordination of the Review Board’s review of records; (D) be responsible for the administration of all official activities conducted by the Review Board; (E) exercise tie-breaking Review Board authority to decide or determine whether any record should be disclosed to the public or postponed for disclosure; and (F) retain right-of-appeal directly to the President for decisions pertaining to executive branch unidentified anomalous phenomena records for which the Executive Director and Review Board members may disagree. (6) Removal \nThe Executive Director shall not be removed for reasons other for cause on the grounds of inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Review Board. (b) Staff \n(1) In general \nThe Review Board, without regard to the civil service laws, may appoint and terminate additional personnel as are necessary to enable the Review Board and its Executive Director to perform the duties of the Review Board. (2) Qualifications \n(A) In general \nExcept as provided in subparagraph (B), a person appointed to the staff of the Review Board shall be a citizen of integrity and impartiality who has had no previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence. (B) Consultation with Director of the Office of Government Ethics \nIn their consideration of persons to be appointed as staff of the Review Board under paragraph (1), the Review Board shall consult with the Director— (i) to determine criteria for possible conflicts of interest of staff of the Review Board, consistent with ethics laws, statutes, and regulations for employees of the executive branch of the Federal Government; and (ii) ensure that no person selected for such position of staff of the Review Board possesses a conflict of interests in accordance with the criteria determined pursuant to clause (i). (3) Security clearances \n(A) A candidate for staff shall be granted the necessary security clearances (including all necessary special access program clearances) in an accelerated manner subject to the standard procedures for granting such clearances. (B) (i) The Review Board may offer conditional employment to a candidate for a staff position pending the completion of security clearance background investigations. During the pendency of such investigations, the Review Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted unidentified anomalous phenomena record materials. (ii) If a person hired on a conditional basis under clause (i) is denied or otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Review Board shall immediately terminate the person’s employment. (4) Support from National Declassification Center \nThe Archivist shall assign one representative in full-time equivalent status from the National Declassification Center to advise and support the Review Board disclosure postponement review process in a non-voting staff capacity. (c) Compensation \nSubject to such rules as may be adopted by the Review Board, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates— (1) the Executive Director shall be compensated at a rate not to exceed the rate of basic pay for level II of the Executive Schedule and shall serve the entire tenure as one full-time equivalent; and (2) the Executive Director shall appoint and fix compensation of such other personnel as may be necessary to carry out this division. (d) Advisory committees \n(1) Authority \nThe Review Board may create advisory committees to assist in fulfilling the responsibilities of the Review Board under this division. (2) FACA \nAny advisory committee created by the Review Board shall be subject to chapter 10 of title 5, United States Code. (e) Security clearance required \nAn individual employed in any position by the Review Board (including an individual appointed as Executive Director) shall be required to qualify for any necessary security clearance prior to taking office in that position, but may be employed conditionally in accordance with subsection (b)(3)(B) before qualifying for that clearance.", "id": "id8652cc726e5d4bc98dfa9c9e4d265790", "header": "Unidentified Anomalous Phenomena Records Review Board personnel", "nested": [ { "text": "(a) Executive Director \n(1) Appointment \nNot later than 45 days after the date of the enactment of this Act, the President shall appoint 1 citizen of the United States, without regard to political affiliation, to the position of Executive Director of the Review Board. This position counts as 1 of the 9 Review Board members under section 9007(b)(1). (2) Qualifications \nThe person appointed as Executive Director shall be a private citizen of integrity and impartiality who— (A) is a distinguished professional; and (B) is not a present employee of the Federal Government; and (C) has had no previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence. (3) Mandatory conflicts of interest review \n(A) In general \nThe Director shall conduct a review of each individual appointed to the position of Executive Director to ensure the Executive Director does not have any conflict of interest during the term of the service of the Executive Director. (B) Reports \nDuring the course of the review under subparagraph (A), if the Director becomes aware that the Executive Director possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the conflict of interest. (4) Security clearances \n(A) A candidate for Executive Director shall be granted all the necessary security clearances and accesses, including to relevant Presidential and department or agency special access and compartmented access programs in an accelerated manner subject to the standard procedures for granting such clearances. (B) A candidate shall qualify for the necessary security clearances and accesses prior to being appointed by the President. (5) Functions \nThe Executive Director shall— (A) serve as principal liaison to the Executive Office of the President and Congress; (B) serve as Chairperson of the Review Board; (C) be responsible for the administration and coordination of the Review Board’s review of records; (D) be responsible for the administration of all official activities conducted by the Review Board; (E) exercise tie-breaking Review Board authority to decide or determine whether any record should be disclosed to the public or postponed for disclosure; and (F) retain right-of-appeal directly to the President for decisions pertaining to executive branch unidentified anomalous phenomena records for which the Executive Director and Review Board members may disagree. (6) Removal \nThe Executive Director shall not be removed for reasons other for cause on the grounds of inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Review Board.", "id": "id5b4b7e59646840e89749c1512b24b484", "header": "Executive Director", "nested": [], "links": [] }, { "text": "(b) Staff \n(1) In general \nThe Review Board, without regard to the civil service laws, may appoint and terminate additional personnel as are necessary to enable the Review Board and its Executive Director to perform the duties of the Review Board. (2) Qualifications \n(A) In general \nExcept as provided in subparagraph (B), a person appointed to the staff of the Review Board shall be a citizen of integrity and impartiality who has had no previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence. (B) Consultation with Director of the Office of Government Ethics \nIn their consideration of persons to be appointed as staff of the Review Board under paragraph (1), the Review Board shall consult with the Director— (i) to determine criteria for possible conflicts of interest of staff of the Review Board, consistent with ethics laws, statutes, and regulations for employees of the executive branch of the Federal Government; and (ii) ensure that no person selected for such position of staff of the Review Board possesses a conflict of interests in accordance with the criteria determined pursuant to clause (i). (3) Security clearances \n(A) A candidate for staff shall be granted the necessary security clearances (including all necessary special access program clearances) in an accelerated manner subject to the standard procedures for granting such clearances. (B) (i) The Review Board may offer conditional employment to a candidate for a staff position pending the completion of security clearance background investigations. During the pendency of such investigations, the Review Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted unidentified anomalous phenomena record materials. (ii) If a person hired on a conditional basis under clause (i) is denied or otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Review Board shall immediately terminate the person’s employment. (4) Support from National Declassification Center \nThe Archivist shall assign one representative in full-time equivalent status from the National Declassification Center to advise and support the Review Board disclosure postponement review process in a non-voting staff capacity.", "id": "idd18886f313aa4ebebd9db225e2510461", "header": "Staff", "nested": [], "links": [] }, { "text": "(c) Compensation \nSubject to such rules as may be adopted by the Review Board, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates— (1) the Executive Director shall be compensated at a rate not to exceed the rate of basic pay for level II of the Executive Schedule and shall serve the entire tenure as one full-time equivalent; and (2) the Executive Director shall appoint and fix compensation of such other personnel as may be necessary to carry out this division.", "id": "id41da29b7bef1445b9adc50645aca0b5c", "header": "Compensation", "nested": [], "links": [ { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/53" } ] }, { "text": "(d) Advisory committees \n(1) Authority \nThe Review Board may create advisory committees to assist in fulfilling the responsibilities of the Review Board under this division. (2) FACA \nAny advisory committee created by the Review Board shall be subject to chapter 10 of title 5, United States Code.", "id": "id564e9ba7766b48dbaf95b1c1c2b4cf49", "header": "Advisory committees", "nested": [], "links": [ { "text": "chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "(e) Security clearance required \nAn individual employed in any position by the Review Board (including an individual appointed as Executive Director) shall be required to qualify for any necessary security clearance prior to taking office in that position, but may be employed conditionally in accordance with subsection (b)(3)(B) before qualifying for that clearance.", "id": "id0e4fba628fbd493e8afcee4c7a5e98e1", "header": "Security clearance required", "nested": [], "links": [] } ], "links": [ { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/53" }, { "text": "chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "9009. Review of records by the Unidentified Anomalous Phenomena Records Review Board \n(a) Custody of records reviewed by Review Board \nPending the outcome of a review of activity by the Review Board, a Government office shall retain custody of its unidentified anomalous phenomena records for purposes of preservation, security, and efficiency, unless— (1) the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or (2) such transfer is necessary for an administrative hearing or other official Review Board function. (b) Startup requirements \nThe Review Board shall— (1) not later than 90 days after the date of its appointment, publish a schedule in the Federal Register for review of all unidentified anomalous phenomena records; (2) not later than 180 days after the date of the enactment of this Act, begin its review of unidentified anomalous phenomena records under this division; and (3) periodically thereafter as warranted, but not less frequently than semiannually, publish a revised schedule in the Federal Register addressing the review and inclusion of any unidentified anomalous phenomena records subsequently discovered. (c) Determinations of the Review Board \n(1) In general \nThe Review Board shall direct that all unidentified anomalous phenomena records be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that— (A) a Government record is not an unidentified anomalous phenomena record; or (B) a Government record, or particular information within an unidentified anomalous phenomena record, qualifies for postponement of public disclosure under this division. (2) Requirements \nIn approving postponement of public disclosure of a unidentified anomalous phenomena record, the Review Board shall seek to— (A) provide for the disclosure of segregable parts, substitutes, or summaries of such a record; and (B) determine, in consultation with the originating body and consistent with the standards for postponement under this division, which of the following alternative forms of disclosure shall be made by the originating body: (i) Any reasonably segregable particular information in a unidentified anomalous phenomena record. (ii) A substitute record for that information which is postponed. (iii) A summary of a unidentified anomalous phenomena record. (3) Controlled disclosure campaign plan \nWith respect to unidentified anomalous phenomena records, particular information in unidentified anomalous phenomena records, recovered technologies of unknown origin, and biological evidence for non-human intelligence the public disclosure of which is postponed pursuant to section 9006, or for which only substitutions or summaries have been disclosed to the public, the Review Board shall create and transmit to the President, the Archivist, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives a Controlled Disclosure Campaign Plan, with classified appendix, containing— (A) a description of actions by the Review Board, the originating body, the President, or any Government office (including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board with regard to specific unidentified anomalous phenomena records; and (B) a benchmark-driven plan, based upon a review of the proceedings and in conformity with the decisions reflected therein, recommending precise requirements for periodic review, downgrading, and declassification as well as the exact time or specified occurrence following which each postponed item may be appropriately disclosed to the public under this division. (4) Notice following review and determination \n(A) Following its review and a determination that a unidentified anomalous phenomena record shall be publicly disclosed in the Collection or postponed for disclosure and held in the protected Collection, the Review Board shall notify the head of the originating body of the determination of the Review Board and publish a copy of the determination in the Federal Register within 14 days after the determination is made. (B) Contemporaneous notice shall be made to the President for Review Board determinations regarding unidentified anomalous phenomena records of the executive branch of the Federal Government, and to the oversight committees designated in this division in the case of records of the legislative branch of the Federal Government. Such notice shall contain a written unclassified justification for public disclosure or postponement of disclosure, including an explanation of the application of any standards contained in section 9006. (d) Presidential authority over Review Board determination \n(1) Public disclosure or postponement of disclosure \nAfter the Review Board has made a formal determination concerning the public disclosure or postponement of disclosure of an unidentified anomalous phenomena record of the executive branch of the Federal Government or information within such a record, or of any information contained in a unidentified anomalous phenomena record, obtained or developed solely within the executive branch of the Federal Government, the President shall— (A) have the sole and nondelegable authority to require the disclosure or postponement of such record or information under the standards set forth in section 9006; and (B) provide the Review Board with both an unclassified and classified written certification specifying the President’s decision within 30 days after the Review Board’s determination and notice to the executive branch agency as required under this division, stating the justification for the President’s decision, including the applicable grounds for postponement under section 9006, accompanied by a copy of the identification aid required under section 9004. (2) Periodic review \n(A) Any unidentified anomalous phenomena record postponed by the President shall henceforth be subject to the requirements of periodic review, downgrading, declassification, and public disclosure in accordance with the recommended timeline and associated requirements specified in the Controlled Disclosure Campaign Plan unless these conflict with the standards set forth in section 9006. (B) This paragraph supersedes all prior declassification review standards that may previously have been deemed applicable to unidentified anomalous phenomena records. (3) Record of presidential postponement \nThe Review Board shall, upon its receipt— (A) publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to postponement of unidentified anomalous phenomena records; and (B) revise or amend recommendations in the Controlled Disclosure Campaign Plan accordingly. (e) Notice to public \nEvery 30 calendar days, beginning on the date that is 60 calendar days after the date on which the Review Board first approves the postponement of disclosure of a unidentified anomalous phenomena record, the Review Board shall publish in the Federal Register a notice that summarizes the postponements approved by the Review Board or initiated by the President, the Senate, or the House of Representatives, including a description of the subject, originating agency, length or other physical description, and each ground for postponement that is relied upon to the maximum extent classification restrictions permitting. (f) Reports by the Review Board \n(1) In general \nThe Review Board shall report its activities to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, the President, the Archivist, and the head of any Government office whose records have been the subject of Review Board activity. (2) First Report \nThe first report shall be issued on the date that is 1 year after the date of enactment of this Act, and subsequent reports every 1 year thereafter until termination of the Review Board. (3) Contents \nA report under paragraph (1) shall include the following information: (A) A financial report of the expenses for all official activities and requirements of the Review Board and its personnel. (B) The progress made on review, transmission to the Archivist, and public disclosure of unidentified anomalous phenomena records. (C) The estimated time and volume of unidentified anomalous phenomena records involved in the completion of the Review Board’s performance under this division. (D) Any special problems, including requests and the level of cooperation of Government offices, with regard to the ability of the Review Board to operate as required by this division. (E) A record of review activities, including a record of postponement decisions by the Review Board or other related actions authorized by this division, and a record of the volume of records reviewed and postponed. (F) Suggestions and requests to Congress for additional legislative authority needs. (4) Copies and briefs \nCoincident with the reporting requirements in paragraph (2), or more frequently as warranted by new information, the Review Board shall provide copies to, and fully brief, at a minimum the President, the Archivist, leadership of Congress, the Chairmen and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives, and the Chairs and Chairmen, as the case may be, and Ranking Members and Vice Chairmen, as the case may be, of such other committees as leadership of Congress determines appropriate on the Controlled Disclosure Campaign Plan, classified appendix, and postponed disclosures, specifically addressing— (A) recommendations for periodic review, downgrading, and declassification as well as the exact time or specified occurrence following which specific unidentified anomalous phenomena records and material may be appropriately disclosed; (B) the rationale behind each postponement determination and the recommended means to achieve disclosure of each postponed item; (C) any other findings that the Review Board chooses to offer; and (D) an addendum containing copies of reports of postponed records to the Archivist required under subsection (c)(3) made since the date of the preceding report under this subsection. (5) Notice \nAt least 90 calendar days before completing its work, the Review Board shall provide written notice to the President and Congress of its intention to terminate its operations at a specified date. (6) Briefing the All-domain Anomaly Resolution Office \nCoincident with the provision in paragraph (5), if not accomplished earlier under paragraph (4), the Review Board shall brief the All-domain Anomaly Resolution Office established pursuant to section 1683 of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373 ), or its successor, as subsequently designated by Act of Congress, on the Controlled Disclosure Campaign Plan, classified appendix, and postponed disclosures.", "id": "id9c2c93d8c5fe425e838becef9c3b61d7", "header": "Review of records by the Unidentified Anomalous Phenomena Records Review Board", "nested": [ { "text": "(a) Custody of records reviewed by Review Board \nPending the outcome of a review of activity by the Review Board, a Government office shall retain custody of its unidentified anomalous phenomena records for purposes of preservation, security, and efficiency, unless— (1) the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or (2) such transfer is necessary for an administrative hearing or other official Review Board function.", "id": "id8d2c90505a2549d798e8c60483f86664", "header": "Custody of records reviewed by Review Board", "nested": [], "links": [] }, { "text": "(b) Startup requirements \nThe Review Board shall— (1) not later than 90 days after the date of its appointment, publish a schedule in the Federal Register for review of all unidentified anomalous phenomena records; (2) not later than 180 days after the date of the enactment of this Act, begin its review of unidentified anomalous phenomena records under this division; and (3) periodically thereafter as warranted, but not less frequently than semiannually, publish a revised schedule in the Federal Register addressing the review and inclusion of any unidentified anomalous phenomena records subsequently discovered.", "id": "ida643a65e884e4c5397b2877792b115e5", "header": "Startup requirements", "nested": [], "links": [] }, { "text": "(c) Determinations of the Review Board \n(1) In general \nThe Review Board shall direct that all unidentified anomalous phenomena records be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that— (A) a Government record is not an unidentified anomalous phenomena record; or (B) a Government record, or particular information within an unidentified anomalous phenomena record, qualifies for postponement of public disclosure under this division. (2) Requirements \nIn approving postponement of public disclosure of a unidentified anomalous phenomena record, the Review Board shall seek to— (A) provide for the disclosure of segregable parts, substitutes, or summaries of such a record; and (B) determine, in consultation with the originating body and consistent with the standards for postponement under this division, which of the following alternative forms of disclosure shall be made by the originating body: (i) Any reasonably segregable particular information in a unidentified anomalous phenomena record. (ii) A substitute record for that information which is postponed. (iii) A summary of a unidentified anomalous phenomena record. (3) Controlled disclosure campaign plan \nWith respect to unidentified anomalous phenomena records, particular information in unidentified anomalous phenomena records, recovered technologies of unknown origin, and biological evidence for non-human intelligence the public disclosure of which is postponed pursuant to section 9006, or for which only substitutions or summaries have been disclosed to the public, the Review Board shall create and transmit to the President, the Archivist, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives a Controlled Disclosure Campaign Plan, with classified appendix, containing— (A) a description of actions by the Review Board, the originating body, the President, or any Government office (including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board with regard to specific unidentified anomalous phenomena records; and (B) a benchmark-driven plan, based upon a review of the proceedings and in conformity with the decisions reflected therein, recommending precise requirements for periodic review, downgrading, and declassification as well as the exact time or specified occurrence following which each postponed item may be appropriately disclosed to the public under this division. (4) Notice following review and determination \n(A) Following its review and a determination that a unidentified anomalous phenomena record shall be publicly disclosed in the Collection or postponed for disclosure and held in the protected Collection, the Review Board shall notify the head of the originating body of the determination of the Review Board and publish a copy of the determination in the Federal Register within 14 days after the determination is made. (B) Contemporaneous notice shall be made to the President for Review Board determinations regarding unidentified anomalous phenomena records of the executive branch of the Federal Government, and to the oversight committees designated in this division in the case of records of the legislative branch of the Federal Government. Such notice shall contain a written unclassified justification for public disclosure or postponement of disclosure, including an explanation of the application of any standards contained in section 9006.", "id": "idce20f25525f34a0bbbd653e98f10ef2a", "header": "Determinations of the Review Board", "nested": [], "links": [] }, { "text": "(d) Presidential authority over Review Board determination \n(1) Public disclosure or postponement of disclosure \nAfter the Review Board has made a formal determination concerning the public disclosure or postponement of disclosure of an unidentified anomalous phenomena record of the executive branch of the Federal Government or information within such a record, or of any information contained in a unidentified anomalous phenomena record, obtained or developed solely within the executive branch of the Federal Government, the President shall— (A) have the sole and nondelegable authority to require the disclosure or postponement of such record or information under the standards set forth in section 9006; and (B) provide the Review Board with both an unclassified and classified written certification specifying the President’s decision within 30 days after the Review Board’s determination and notice to the executive branch agency as required under this division, stating the justification for the President’s decision, including the applicable grounds for postponement under section 9006, accompanied by a copy of the identification aid required under section 9004. (2) Periodic review \n(A) Any unidentified anomalous phenomena record postponed by the President shall henceforth be subject to the requirements of periodic review, downgrading, declassification, and public disclosure in accordance with the recommended timeline and associated requirements specified in the Controlled Disclosure Campaign Plan unless these conflict with the standards set forth in section 9006. (B) This paragraph supersedes all prior declassification review standards that may previously have been deemed applicable to unidentified anomalous phenomena records. (3) Record of presidential postponement \nThe Review Board shall, upon its receipt— (A) publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to postponement of unidentified anomalous phenomena records; and (B) revise or amend recommendations in the Controlled Disclosure Campaign Plan accordingly.", "id": "id2579a690b1ae4be380b08589781b1819", "header": "Presidential authority over Review Board determination", "nested": [], "links": [] }, { "text": "(e) Notice to public \nEvery 30 calendar days, beginning on the date that is 60 calendar days after the date on which the Review Board first approves the postponement of disclosure of a unidentified anomalous phenomena record, the Review Board shall publish in the Federal Register a notice that summarizes the postponements approved by the Review Board or initiated by the President, the Senate, or the House of Representatives, including a description of the subject, originating agency, length or other physical description, and each ground for postponement that is relied upon to the maximum extent classification restrictions permitting.", "id": "id2e95cb3e25674c3bb8403bf0da93c92b", "header": "Notice to public", "nested": [], "links": [] }, { "text": "(f) Reports by the Review Board \n(1) In general \nThe Review Board shall report its activities to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, the President, the Archivist, and the head of any Government office whose records have been the subject of Review Board activity. (2) First Report \nThe first report shall be issued on the date that is 1 year after the date of enactment of this Act, and subsequent reports every 1 year thereafter until termination of the Review Board. (3) Contents \nA report under paragraph (1) shall include the following information: (A) A financial report of the expenses for all official activities and requirements of the Review Board and its personnel. (B) The progress made on review, transmission to the Archivist, and public disclosure of unidentified anomalous phenomena records. (C) The estimated time and volume of unidentified anomalous phenomena records involved in the completion of the Review Board’s performance under this division. (D) Any special problems, including requests and the level of cooperation of Government offices, with regard to the ability of the Review Board to operate as required by this division. (E) A record of review activities, including a record of postponement decisions by the Review Board or other related actions authorized by this division, and a record of the volume of records reviewed and postponed. (F) Suggestions and requests to Congress for additional legislative authority needs. (4) Copies and briefs \nCoincident with the reporting requirements in paragraph (2), or more frequently as warranted by new information, the Review Board shall provide copies to, and fully brief, at a minimum the President, the Archivist, leadership of Congress, the Chairmen and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives, and the Chairs and Chairmen, as the case may be, and Ranking Members and Vice Chairmen, as the case may be, of such other committees as leadership of Congress determines appropriate on the Controlled Disclosure Campaign Plan, classified appendix, and postponed disclosures, specifically addressing— (A) recommendations for periodic review, downgrading, and declassification as well as the exact time or specified occurrence following which specific unidentified anomalous phenomena records and material may be appropriately disclosed; (B) the rationale behind each postponement determination and the recommended means to achieve disclosure of each postponed item; (C) any other findings that the Review Board chooses to offer; and (D) an addendum containing copies of reports of postponed records to the Archivist required under subsection (c)(3) made since the date of the preceding report under this subsection. (5) Notice \nAt least 90 calendar days before completing its work, the Review Board shall provide written notice to the President and Congress of its intention to terminate its operations at a specified date. (6) Briefing the All-domain Anomaly Resolution Office \nCoincident with the provision in paragraph (5), if not accomplished earlier under paragraph (4), the Review Board shall brief the All-domain Anomaly Resolution Office established pursuant to section 1683 of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373 ), or its successor, as subsequently designated by Act of Congress, on the Controlled Disclosure Campaign Plan, classified appendix, and postponed disclosures.", "id": "id1e489bc548df4e9391fcb88b8911b07c", "header": "Reports by the Review Board", "nested": [], "links": [ { "text": "50 U.S.C. 3373", "legal-doc": "usc", "parsable-cite": "usc/50/3373" } ] } ], "links": [ { "text": "50 U.S.C. 3373", "legal-doc": "usc", "parsable-cite": "usc/50/3373" } ] }, { "text": "9010. Disclosure of recovered technologies of unknown origin and biological evidence of non-human intelligence \n(a) Exercise of eminent domain \nThe Federal Government shall exercise eminent domain over any and all recovered technologies of unknown origin and biological evidence of non-human intelligence that may be controlled by private persons or entities in the interests of the public good. (b) Availability to Review Board \nAny and all such material, should it exist, shall be made available to the Review Board for personal examination and subsequent disclosure determination at a location suitable to the controlling authority of said material and in a timely manner conducive to the objectives of the Review Board in accordance with the requirements of this division. (c) Actions of Review Board \nIn carrying out subsection (b), the Review Board shall consider and render decisions— (1) whether the material examined constitutes technologies of unknown origin or biological evidence of non-human intelligence beyond a reasonable doubt; (2) whether recovered technologies of unknown origin, biological evidence of non-human intelligence, or a particular subset of material qualifies for postponement of disclosure under this division; and (3) what changes, if any, to the current disposition of said material should the Federal Government make to facilitate full disclosure. (d) Review Board access to testimony and witnesses \nThe Review Board shall have access to all testimony from unidentified anomalous phenomena witnesses, close observers and legacy program personnel and whistleblowers within the Federal Government’s possession as of and after the date of the enactment of this Act in furtherance of Review Board disclosure determination responsibilities in section 9007(h) and subsection (c) of this section. (e) Solicitation of additional witnesses \nThe Review Board shall solicit additional unidentified anomalous phenomena witness and whistleblower testimony and afford protections under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3373b(b) ) if deemed beneficial in fulfilling Review Board responsibilities under this division.", "id": "id9c400c70d2ac4ae5878ea9cb4770c6fa", "header": "Disclosure of recovered technologies of unknown origin and biological evidence of non-human intelligence", "nested": [ { "text": "(a) Exercise of eminent domain \nThe Federal Government shall exercise eminent domain over any and all recovered technologies of unknown origin and biological evidence of non-human intelligence that may be controlled by private persons or entities in the interests of the public good.", "id": "id900c9f0759e64bdfba6a022f6702694c", "header": "Exercise of eminent domain", "nested": [], "links": [] }, { "text": "(b) Availability to Review Board \nAny and all such material, should it exist, shall be made available to the Review Board for personal examination and subsequent disclosure determination at a location suitable to the controlling authority of said material and in a timely manner conducive to the objectives of the Review Board in accordance with the requirements of this division.", "id": "id223083b833494b7894a90fe290cda104", "header": "Availability to Review Board", "nested": [], "links": [] }, { "text": "(c) Actions of Review Board \nIn carrying out subsection (b), the Review Board shall consider and render decisions— (1) whether the material examined constitutes technologies of unknown origin or biological evidence of non-human intelligence beyond a reasonable doubt; (2) whether recovered technologies of unknown origin, biological evidence of non-human intelligence, or a particular subset of material qualifies for postponement of disclosure under this division; and (3) what changes, if any, to the current disposition of said material should the Federal Government make to facilitate full disclosure.", "id": "id6fb5234a41c54c3a90e677b99fa44e7b", "header": "Actions of Review Board", "nested": [], "links": [] }, { "text": "(d) Review Board access to testimony and witnesses \nThe Review Board shall have access to all testimony from unidentified anomalous phenomena witnesses, close observers and legacy program personnel and whistleblowers within the Federal Government’s possession as of and after the date of the enactment of this Act in furtherance of Review Board disclosure determination responsibilities in section 9007(h) and subsection (c) of this section.", "id": "id1ebe134b23cc48318358de7aae7aa9fb", "header": "Review Board access to testimony and witnesses", "nested": [], "links": [] }, { "text": "(e) Solicitation of additional witnesses \nThe Review Board shall solicit additional unidentified anomalous phenomena witness and whistleblower testimony and afford protections under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3373b(b) ) if deemed beneficial in fulfilling Review Board responsibilities under this division.", "id": "id681276674e61453e9b5505e0e6b2d83c", "header": "Solicitation of additional witnesses", "nested": [], "links": [ { "text": "50 U.S.C. 3373b(b)", "legal-doc": "usc", "parsable-cite": "usc/50/3373b" } ] } ], "links": [ { "text": "50 U.S.C. 3373b(b)", "legal-doc": "usc", "parsable-cite": "usc/50/3373b" } ] }, { "text": "9011. Disclosure of other materials and additional study \n(a) Materials under seal of court \n(1) Information held under seal of a court \nThe Review Board may request the Attorney General to petition any court in the United States or abroad to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence that is held under seal of the court. (2) Information held under injunction of secretary of grand jury \n(A) The Review Board may request the Attorney General to petition any court in the United States to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence that is held under the injunction of secrecy of a grand jury. (B) A request for disclosure of unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence materials under this division shall be deemed to constitute a showing of particularized need under rule 6 of the Federal Rules of Criminal Procedure. (b) Sense of Congress \nIt is the sense of the Congress that— (1) the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under seal by a court or under the injunction of secrecy of a grand jury; (2) the Secretary of State should contact any foreign government that may hold material relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence and seek disclosure of such material; and (3) all heads of Executive agencies should cooperate in full with the Review Board to seek the disclosure of all material relevant to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence consistent with the public interest.", "id": "id67dfc942cf1e453eb8a4df906740409f", "header": "Disclosure of other materials and additional study", "nested": [ { "text": "(a) Materials under seal of court \n(1) Information held under seal of a court \nThe Review Board may request the Attorney General to petition any court in the United States or abroad to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence that is held under seal of the court. (2) Information held under injunction of secretary of grand jury \n(A) The Review Board may request the Attorney General to petition any court in the United States to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence that is held under the injunction of secrecy of a grand jury. (B) A request for disclosure of unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence materials under this division shall be deemed to constitute a showing of particularized need under rule 6 of the Federal Rules of Criminal Procedure.", "id": "idff047056a4de47ed8625d1f5d42fc12c", "header": "Materials under seal of court", "nested": [], "links": [] }, { "text": "(b) Sense of Congress \nIt is the sense of the Congress that— (1) the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under seal by a court or under the injunction of secrecy of a grand jury; (2) the Secretary of State should contact any foreign government that may hold material relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence and seek disclosure of such material; and (3) all heads of Executive agencies should cooperate in full with the Review Board to seek the disclosure of all material relevant to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence consistent with the public interest.", "id": "idb717c5fece3f4b6eb3bf39ac27817c5b", "header": "Sense of Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "9012. Rules of construction \n(a) Precedence over other law \nWhen this division requires transmission of a record to the Archivist or public disclosure, it shall take precedence over any other provision of law (except section 6103 of the Internal Revenue Code of 1986 specifying confidentiality and disclosure of tax returns and tax return information), judicial decision construing such provision of law, or common law doctrine that would otherwise prohibit such transmission or disclosure, with the exception of deeds governing access to or transfer or release of gifts and donations of records to the United States Government. (b) Freedom of Information Act \nNothing in this division shall be construed to eliminate or limit any right to file requests with any executive agency or seek judicial review of the decisions pursuant to section 552 of title 5, United States Code. (c) Judicial review \nNothing in this division shall be construed to preclude judicial review, under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this division. (d) Existing authority \nNothing in this division revokes or limits the existing authority of the President, any executive agency, the Senate, or the House of Representatives, or any other entity of the Federal Government to publicly disclose records in its possession. (e) Rules of the Senate and House of Representatives \nTo the extent that any provision of this division establishes a procedure to be followed in the Senate or the House of Representatives, such provision is adopted— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.", "id": "id27ee6c72de314d348e37e0e08e9848de", "header": "Rules of construction", "nested": [ { "text": "(a) Precedence over other law \nWhen this division requires transmission of a record to the Archivist or public disclosure, it shall take precedence over any other provision of law (except section 6103 of the Internal Revenue Code of 1986 specifying confidentiality and disclosure of tax returns and tax return information), judicial decision construing such provision of law, or common law doctrine that would otherwise prohibit such transmission or disclosure, with the exception of deeds governing access to or transfer or release of gifts and donations of records to the United States Government.", "id": "idbb328064553542fe993d82fc0602d566", "header": "Precedence over other law", "nested": [], "links": [ { "text": "section 6103", "legal-doc": "usc", "parsable-cite": "usc/26/6103" } ] }, { "text": "(b) Freedom of Information Act \nNothing in this division shall be construed to eliminate or limit any right to file requests with any executive agency or seek judicial review of the decisions pursuant to section 552 of title 5, United States Code.", "id": "id7672a7c36d8246c5a5e6fad7f0341412", "header": "Freedom of Information Act", "nested": [], "links": [] }, { "text": "(c) Judicial review \nNothing in this division shall be construed to preclude judicial review, under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this division.", "id": "id7fc98e3a9e604c7ebdbb2ed359d3cece", "header": "Judicial review", "nested": [], "links": [ { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" } ] }, { "text": "(d) Existing authority \nNothing in this division revokes or limits the existing authority of the President, any executive agency, the Senate, or the House of Representatives, or any other entity of the Federal Government to publicly disclose records in its possession.", "id": "ide1d8b277d2de454fbc8df41724f726d3", "header": "Existing authority", "nested": [], "links": [] }, { "text": "(e) Rules of the Senate and House of Representatives \nTo the extent that any provision of this division establishes a procedure to be followed in the Senate or the House of Representatives, such provision is adopted— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.", "id": "idff3bc6b680d94f66afc0f5b6bd27f257", "header": "Rules of the Senate and House of Representatives", "nested": [], "links": [] } ], "links": [ { "text": "section 6103", "legal-doc": "usc", "parsable-cite": "usc/26/6103" }, { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" } ] }, { "text": "9013. Termination of effect of division \n(a) Provisions pertaining to the Review Board \nThe provisions of this division that pertain to the appointment and operation of the Review Board shall cease to be effective when the Review Board and the terms of its members have terminated pursuant to section 9007(n). (b) Other provisions \n(1) The remaining provisions of this division shall continue in effect until such time as the Archivist certifies to the President and Congress that all unidentified anomalous phenomena records have been made available to the public in accordance with this division. (2) In facilitation of the provision in paragraph (1), the All-domain Anomaly Resolution Office established pursuant to section 1683 of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373 ), or its successor as subsequently designated by Act of Congress, shall develop standardized unidentified anomalous phenomena declassification guidance applicable to any and all unidentified anomalous phenomena records generated by originating bodies subsequent to termination of the Review Board consistent with the requirements and intent of the Controlled Disclosure Campaign Plan with respect to unidentified anomalous phenomena records originated prior to Review Board termination.", "id": "idb724e20aa9e7479bb1a7428c790dfed9", "header": "Termination of effect of division", "nested": [ { "text": "(a) Provisions pertaining to the Review Board \nThe provisions of this division that pertain to the appointment and operation of the Review Board shall cease to be effective when the Review Board and the terms of its members have terminated pursuant to section 9007(n).", "id": "idbea201ccf95345358cf942b19610e974", "header": "Provisions pertaining to the Review Board", "nested": [], "links": [] }, { "text": "(b) Other provisions \n(1) The remaining provisions of this division shall continue in effect until such time as the Archivist certifies to the President and Congress that all unidentified anomalous phenomena records have been made available to the public in accordance with this division. (2) In facilitation of the provision in paragraph (1), the All-domain Anomaly Resolution Office established pursuant to section 1683 of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373 ), or its successor as subsequently designated by Act of Congress, shall develop standardized unidentified anomalous phenomena declassification guidance applicable to any and all unidentified anomalous phenomena records generated by originating bodies subsequent to termination of the Review Board consistent with the requirements and intent of the Controlled Disclosure Campaign Plan with respect to unidentified anomalous phenomena records originated prior to Review Board termination.", "id": "ide60e3f593d1c49e7a9c53453ee9c1cf5", "header": "Other provisions", "nested": [], "links": [ { "text": "50 U.S.C. 3373", "legal-doc": "usc", "parsable-cite": "usc/50/3373" } ] } ], "links": [ { "text": "50 U.S.C. 3373", "legal-doc": "usc", "parsable-cite": "usc/50/3373" } ] }, { "text": "9014. Authorization of appropriations \nThere is authorized to be appropriated to carry out the provisions of this division $20,000,000 for fiscal year 2024.", "id": "idcfb1562c710545249a105cef0b53ae51", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "9015. Severability \nIf any provision of this division or the application thereof to any person or circumstance is held invalid, the remainder of this division and the application of that provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.", "id": "ida8b7cb915d5142e292f8766faec0843f", "header": "Severability", "nested": [], "links": [] }, { "text": "10001. Short title \nThis division may be cited as the Architect of the Capitol Appointment Act of 2023.", "id": "H89CC5A4EF3B24BFBA3FCC7D6D63B8CB6", "header": "Short title", "nested": [], "links": [] }, { "text": "10002. Appointment and term of service of Architect of the Capitol \n(a) Appointment \nThe Architect of the Capitol shall be appointed, without regard to political affiliation and solely on the basis of fitness to perform the duties of the office, upon a majority vote of a congressional commission (referred to in this section as the commission ) consisting of the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of the House of Representatives and Senate, the chair and ranking minority member of the Committee on Appropriations of the House of Representatives, the chairman and ranking minority member of the Committee on Appropriations of the Senate, the chair and ranking minority member of the Committee on House Administration of the House of Representatives, and the chairman and ranking minority member of the Committee on Rules and Administration of the Senate. (b) Term of Service \nThe Architect of the Capitol shall be appointed for a term of 10 years and, upon a majority vote of the members of the commission, may be reappointed for additional 10-year terms. (c) Removal \nThe Architect of the Capitol may be removed from office at any time upon a majority vote of the members of the commission. (d) Conforming amendments \n(1) Section 319 of the Legislative Branch Appropriations Act, 1990 ( 2 U.S.C. 1801 ) is repealed. (2) The matter under the heading For the Capitol: under the heading DEPARTMENT OF THE INTERIOR. of the Act of February 14, 1902 (32 Stat. 19, chapter 17; incorporated in 2 U.S.C. 1811 ) is amended by striking , and he shall be appointed by the President. (e) Effective Date \nThis section, and the amendments made by this section, shall apply with respect to appointments made on or after the date of enactment of this Act.", "id": "H7F5B193EDB754AC5BF115DDFCE087FBB", "header": "Appointment and term of service of Architect of the Capitol", "nested": [ { "text": "(a) Appointment \nThe Architect of the Capitol shall be appointed, without regard to political affiliation and solely on the basis of fitness to perform the duties of the office, upon a majority vote of a congressional commission (referred to in this section as the commission ) consisting of the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of the House of Representatives and Senate, the chair and ranking minority member of the Committee on Appropriations of the House of Representatives, the chairman and ranking minority member of the Committee on Appropriations of the Senate, the chair and ranking minority member of the Committee on House Administration of the House of Representatives, and the chairman and ranking minority member of the Committee on Rules and Administration of the Senate.", "id": "H449A93FFE0E94C7D92BBCDA44B45E98E", "header": "Appointment", "nested": [], "links": [] }, { "text": "(b) Term of Service \nThe Architect of the Capitol shall be appointed for a term of 10 years and, upon a majority vote of the members of the commission, may be reappointed for additional 10-year terms.", "id": "H038B8B4274F040888DC176BF66F5858D", "header": "Term of Service", "nested": [], "links": [] }, { "text": "(c) Removal \nThe Architect of the Capitol may be removed from office at any time upon a majority vote of the members of the commission.", "id": "id949f30e2cf434d738ec2d35cd8dd0c00", "header": "Removal", "nested": [], "links": [] }, { "text": "(d) Conforming amendments \n(1) Section 319 of the Legislative Branch Appropriations Act, 1990 ( 2 U.S.C. 1801 ) is repealed. (2) The matter under the heading For the Capitol: under the heading DEPARTMENT OF THE INTERIOR. of the Act of February 14, 1902 (32 Stat. 19, chapter 17; incorporated in 2 U.S.C. 1811 ) is amended by striking , and he shall be appointed by the President.", "id": "HFE12B27CAB254C5FAF4C7695D1518F0B", "header": "Conforming amendments", "nested": [], "links": [ { "text": "2 U.S.C. 1801", "legal-doc": "usc", "parsable-cite": "usc/2/1801" }, { "text": "2 U.S.C. 1811", "legal-doc": "usc", "parsable-cite": "usc/2/1811" } ] }, { "text": "(e) Effective Date \nThis section, and the amendments made by this section, shall apply with respect to appointments made on or after the date of enactment of this Act.", "id": "HFDE624FF896D472887AFEE2D08F557D4", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "2 U.S.C. 1801", "legal-doc": "usc", "parsable-cite": "usc/2/1801" }, { "text": "2 U.S.C. 1811", "legal-doc": "usc", "parsable-cite": "usc/2/1811" } ] }, { "text": "10003. Appointment of Deputy Architect of the Capitol; vacancy in Architect or Deputy Architect \nSection 1203 of title I of division H of the Consolidated Appropriations Resolution, 2003 ( 2 U.S.C. 1805 ) is amended— (1) in subsection (a)— (A) by inserting (in this section referred to as the Architect ) after The Architect of the Capitol ; and (B) by inserting (in this section referred to as the Deputy Architect ) after Deputy Architect of the Capitol ; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following: (b) Deadline \nThe Architect shall appoint a Deputy Architect under subsection (a) not later than 120 days after— (1) the date on which the Architect is appointed under section 10002 of the Architect of the Capitol Appointment Act of 2023 , if there is no Deputy Architect on the date of the appointment; or (2) the date on which a vacancy arises in the office of the Deputy Architect. ; (4) in subsection (c), as so redesignated, by striking of the Capitol each place it appears; and (5) by adding at the end the following: (d) Failure To appoint \nIf the Architect does not appoint a Deputy Architect on or before the applicable date specified in subsection (b), the congressional commission described in section 10002(a) of the Architect of the Capitol Appointment Act of 2023 shall appoint the Deputy Architect by a majority vote of the members of the commission. (e) Notification \nIf the position of Deputy Architect becomes vacant, the Architect shall immediately notify the members of the congressional commission described in section 10002(a) of the Architect of the Capitol Appointment Act of 2023..", "id": "id5160a55a2a2d443895442674a29ef22a", "header": "Appointment of Deputy Architect of the Capitol; vacancy in Architect or Deputy Architect", "nested": [], "links": [ { "text": "2 U.S.C. 1805", "legal-doc": "usc", "parsable-cite": "usc/2/1805" } ] }, { "text": "10004. Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy \n(a) In general \nThe Deputy Architect of the Capitol (in this section referred to as the Deputy Architect ) shall act as Architect of the Capitol (in this section referred to as the Architect ) if the Architect is absent or disabled or there is no Architect. (b) Absence, disability, or vacancy in office of Deputy Architect \nFor purposes of subsection (a), if the Deputy Architect is also absent or disabled or there is no Deputy Architect, the congressional commission described in section 10002(a) shall designate, by a majority vote of the members of the commission, an individual to serve as acting Architect until— (1) the end of the absence or disability of the Architect or the Deputy Architect; or (2) in the case of vacancies in both positions, an Architect has been appointed under section 10002(a). (c) Authority \nAn officer serving as acting Architect under subsection (a) or (b) shall perform all the duties and exercise all the authorities of the Architect, including the authority to delegate the duties and authorities of the Architect in accordance with the matter under the heading Office of the Architect of the Capitol under the heading Architect of the Capitol of the Legislative Appropriation Act, 1956 ( 2 U.S.C. 1803 ). (d) Conforming amendment \nThe matter under the heading Salaries under the heading Office of the Architect of the Capitol under the heading Architect of the Capitol of the Legislative Branch Appropriation Act, 1971 ( 2 U.S.C. 1804 ) is amended by striking : Provided , and all that follows through no Architect.", "id": "id80f1480a038a40e992b58f3c4be6ba85", "header": "Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy", "nested": [ { "text": "(a) In general \nThe Deputy Architect of the Capitol (in this section referred to as the Deputy Architect ) shall act as Architect of the Capitol (in this section referred to as the Architect ) if the Architect is absent or disabled or there is no Architect.", "id": "idcc3a1bec481b46178658e9d75c895158", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Absence, disability, or vacancy in office of Deputy Architect \nFor purposes of subsection (a), if the Deputy Architect is also absent or disabled or there is no Deputy Architect, the congressional commission described in section 10002(a) shall designate, by a majority vote of the members of the commission, an individual to serve as acting Architect until— (1) the end of the absence or disability of the Architect or the Deputy Architect; or (2) in the case of vacancies in both positions, an Architect has been appointed under section 10002(a).", "id": "id92cb356c3c9540378ce07b76d503fddc", "header": "Absence, disability, or vacancy in office of Deputy Architect", "nested": [], "links": [] }, { "text": "(c) Authority \nAn officer serving as acting Architect under subsection (a) or (b) shall perform all the duties and exercise all the authorities of the Architect, including the authority to delegate the duties and authorities of the Architect in accordance with the matter under the heading Office of the Architect of the Capitol under the heading Architect of the Capitol of the Legislative Appropriation Act, 1956 ( 2 U.S.C. 1803 ).", "id": "idf1765d66badf41929a5f8259286dafb0", "header": "Authority", "nested": [], "links": [ { "text": "2 U.S.C. 1803", "legal-doc": "usc", "parsable-cite": "usc/2/1803" } ] }, { "text": "(d) Conforming amendment \nThe matter under the heading Salaries under the heading Office of the Architect of the Capitol under the heading Architect of the Capitol of the Legislative Branch Appropriation Act, 1971 ( 2 U.S.C. 1804 ) is amended by striking : Provided , and all that follows through no Architect.", "id": "idD3C6B40B8DED432896C885F887CE6738", "header": "Conforming amendment", "nested": [], "links": [ { "text": "2 U.S.C. 1804", "legal-doc": "usc", "parsable-cite": "usc/2/1804" } ] } ], "links": [ { "text": "2 U.S.C. 1803", "legal-doc": "usc", "parsable-cite": "usc/2/1803" }, { "text": "2 U.S.C. 1804", "legal-doc": "usc", "parsable-cite": "usc/2/1804" } ] }, { "text": "11001. Short title \nThis division may be cited as the Fair Debt Collection Practices for Servicemembers Act.", "id": "H3F466A9D260941119506321A78054CD8", "header": "Short title", "nested": [], "links": [] }, { "text": "11002. Enhanced protection against debt collector harassment of servicemembers \n(a) Communication in connection with debt collection \nSection 805 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692c ) is amended by adding at the end the following: (e) Communications concerning servicemember debts \n(1) Definition \nIn this subsection, the term covered member means— (A) a covered member or a dependent as defined in section 987(i) of title 10, United States Code; and (B) (i) an individual who was separated, discharged, or released from duty described in such section 987(i)(1), but only during the 365-day period beginning on the date of separation, discharge, or release; or (ii) a person, with respect to an individual described in clause (i), described in subparagraph (A), (D), (E), or (I) of section 1072(2) of title 10, United States Code. (2) Prohibitions \nA debt collector may not, in connection with the collection of any debt of a covered member— (A) threaten to have the covered member reduced in rank; (B) threaten to have the covered member’s security clearance revoked; or (C) threaten to have the covered member prosecuted under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).. (b) Unfair practices \nSection 808 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692f ) is amended by adding at the end the following: (9) The representation to any covered member (as defined under section 805(e)(1)) that failure to cooperate with a debt collector will result in— (A) a reduction in rank of the covered member; (B) a revocation of the covered member’s security clearance; or (C) prosecution under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice)..", "id": "HE67CB357DC644FA486556BF6EFFCB6F8", "header": "Enhanced protection against debt collector harassment of servicemembers", "nested": [ { "text": "(a) Communication in connection with debt collection \nSection 805 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692c ) is amended by adding at the end the following: (e) Communications concerning servicemember debts \n(1) Definition \nIn this subsection, the term covered member means— (A) a covered member or a dependent as defined in section 987(i) of title 10, United States Code; and (B) (i) an individual who was separated, discharged, or released from duty described in such section 987(i)(1), but only during the 365-day period beginning on the date of separation, discharge, or release; or (ii) a person, with respect to an individual described in clause (i), described in subparagraph (A), (D), (E), or (I) of section 1072(2) of title 10, United States Code. (2) Prohibitions \nA debt collector may not, in connection with the collection of any debt of a covered member— (A) threaten to have the covered member reduced in rank; (B) threaten to have the covered member’s security clearance revoked; or (C) threaten to have the covered member prosecuted under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice)..", "id": "H5053D5AD2190467DBEDA8A01EB62CED1", "header": "Communication in connection with debt collection", "nested": [], "links": [ { "text": "15 U.S.C. 1692c", "legal-doc": "usc", "parsable-cite": "usc/15/1692c" }, { "text": "chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/47" } ] }, { "text": "(b) Unfair practices \nSection 808 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692f ) is amended by adding at the end the following: (9) The representation to any covered member (as defined under section 805(e)(1)) that failure to cooperate with a debt collector will result in— (A) a reduction in rank of the covered member; (B) a revocation of the covered member’s security clearance; or (C) prosecution under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice)..", "id": "H9ED72C4A2F91456988EC17B8A6216E79", "header": "Unfair practices", "nested": [], "links": [ { "text": "15 U.S.C. 1692f", "legal-doc": "usc", "parsable-cite": "usc/15/1692f" }, { "text": "chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/47" } ] } ], "links": [ { "text": "15 U.S.C. 1692c", "legal-doc": "usc", "parsable-cite": "usc/15/1692c" }, { "text": "chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/47" }, { "text": "15 U.S.C. 1692f", "legal-doc": "usc", "parsable-cite": "usc/15/1692f" }, { "text": "chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/47" } ] }, { "text": "11003. GAO study \nThe Comptroller General of the United States shall conduct a study and submit a report to Congress on the impact of this division on— (1) the timely delivery of information to a covered member (as defined in section 805(e) of the Fair Debt Collection Practices Act, as added by this division); (2) military readiness; and (3) national security, including the extent to which covered members with security clearances would be impacted by uncollected debt.", "id": "H7B8D454DEDD84924938FDA64173D24CC", "header": "GAO study", "nested": [], "links": [] }, { "text": "11001. Short title \nThis division may be cited as the Native American Housing Assistance and Self-Determination Reauthorization Act of 2023.", "id": "id4894ceb759134615b501c15b9bc7f938", "header": "Short title", "nested": [], "links": [] }, { "text": "11002. Consolidation of environmental review requirements \nSection 105 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4115 ) is amended by adding at the end the following: (e) Consolidation of environmental review requirements \n(1) In general \nIn the case of a recipient of grant amounts under this Act that is carrying out a project that qualifies as an affordable housing activity under section 202, if the recipient is using 1 or more additional sources of Federal funds to carry out the project, and the grant amounts received under this Act constitute the largest single source of Federal funds that the recipient reasonably expects to commit to the project at the time of environmental review, the Indian tribe of the recipient may assume, in addition to all of the responsibilities for environmental review, decision making, and action under subsection (a), all of the additional responsibilities for environmental review, decision making, and action under provisions of law that would apply to each Federal agency providing additional funding were the Federal agency to carry out the project as a Federal project. (2) Discharge \nThe assumption by the Indian tribe of the additional responsibilities for environmental review, decision making, and action under paragraph (1) with respect to a project shall be deemed to discharge the responsibility of the applicable Federal agency for environmental review, decision making, and action with respect to the project. (3) Certification \nAn Indian tribe that assumes the additional responsibilities under paragraph (1), shall certify, in addition to the requirements under subsection (c)— (A) the additional responsibilities that the Indian tribe has fully carried out under this subsection; and (B) that the certifying officer consents to assume the status of a responsible Federal official under the provisions of law that would apply to each Federal agency providing additional funding under paragraph (1). (4) Liability \n(A) In general \nAn Indian tribe that completes an environmental review under this subsection shall assume sole liability for the content and quality of the review. (B) Remedies and sanctions \nExcept as provided in subparagraph (C), if the Secretary approves a certification and release of funds to an Indian tribe for a project in accordance with subsection (b), but the Secretary or the head of another Federal agency providing funding for the project subsequently learns that the Indian tribe failed to carry out the responsibilities of the Indian tribe as described in subsection (a) or paragraph (1), as applicable, the Secretary or other head, as applicable, may impose appropriate remedies and sanctions in accordance with— (i) the regulations issued pursuant to section 106; or (ii) such regulations as are issued by the other head. (C) Statutory violation waivers \nIf the Secretary waives the requirements under this section in accordance with subsection (d) with respect to a project for which an Indian tribe assumes additional responsibilities under paragraph (1), the waiver shall prohibit any other Federal agency providing additional funding for the project from imposing remedies or sanctions for failure to comply with requirements for environmental review, decision making, and action under provisions of law that would apply to the Federal agency..", "id": "idE02FDBFCF1844903B34DE8822ED3A315", "header": "Consolidation of environmental review requirements", "nested": [], "links": [ { "text": "25 U.S.C. 4115", "legal-doc": "usc", "parsable-cite": "usc/25/4115" } ] }, { "text": "11003. Authorization of appropriations \nSection 108 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4117 ) is amended, in the first sentence, by striking 2009 through 2013 and inserting 2024 through 2030.", "id": "id4CCA2D637FF44A539A08CD81976BBF06", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "25 U.S.C. 4117", "legal-doc": "usc", "parsable-cite": "usc/25/4117" } ] }, { "text": "11004. Student housing assistance \nSection 202(3) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4132(3) ) is amended by inserting including college housing assistance after self-sufficiency and other services,.", "id": "idF7ABF8A917D84D2F8E657E069B3FE1A5", "header": "Student housing assistance", "nested": [], "links": [ { "text": "25 U.S.C. 4132(3)", "legal-doc": "usc", "parsable-cite": "usc/25/4132" } ] }, { "text": "11005. Application of rent rule only to units owned or operated by Indian tribe or tribally designated housing entity \nSection 203(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4133(a)(2) ) is amended by inserting owned or operated by a recipient and after residing in a dwelling unit.", "id": "idA9841BA26A7C4212B62ACF1D0A7C9044", "header": "Application of rent rule only to units owned or operated by Indian tribe or tribally designated housing entity", "nested": [], "links": [ { "text": "25 U.S.C. 4133(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/25/4133" } ] }, { "text": "11006. De minimis exemption for procurement of goods and services \nSection 203(g) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4133(g) ) is amended by striking $5,000 and inserting $7,000.", "id": "id4B53ABD7957C48188E0FE725216D4F84", "header": "De minimis exemption for procurement of goods and services", "nested": [], "links": [ { "text": "25 U.S.C. 4133(g)", "legal-doc": "usc", "parsable-cite": "usc/25/4133" } ] }, { "text": "11007. Homeownership or lease-to-own low-income requirement and income targeting \nSection 205 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4135 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (C), by striking and at the end; and (B) by adding at the end the following: (E) notwithstanding any other provision of this paragraph, in the case of rental housing that is made available to a current rental family for conversion to a homebuyer or a lease-purchase unit, that the current rental family can purchase through a contract of sale, lease-purchase agreement, or any other sales agreement, is made available for purchase only by the current rental family, if the rental family was a low-income family at the time of their initial occupancy of such unit; and ; and (2) in subsection (c)— (A) by striking The provisions and inserting the following: (1) In general \nThe provisions ; and (B) by adding at the end the following: (2) Applicability to improvements \nThe provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to improvements of privately owned homes if the cost of the improvements do not exceed 10 percent of the maximum total development cost for the home..", "id": "HEB409191693A4CC5B7125246B602FE99", "header": "Homeownership or lease-to-own low-income requirement and income targeting", "nested": [], "links": [ { "text": "25 U.S.C. 4135", "legal-doc": "usc", "parsable-cite": "usc/25/4135" } ] }, { "text": "11008. Lease requirements and tenant selection \nSection 207 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4137 ) is amended by adding at the end the following: (c) Notice of termination \nThe notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act..", "id": "idd1f94e02-2688-4042-9595-e6bc2f90d65c", "header": "Lease requirements and tenant selection", "nested": [], "links": [ { "text": "25 U.S.C. 4137", "legal-doc": "usc", "parsable-cite": "usc/25/4137" } ] }, { "text": "11009. Indian Health Service \n(a) In general \nSubtitle A of title II of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131 et seq. ) is amended by adding at the end the following: 211. IHS sanitation facilities construction \nNotwithstanding any other provision of law, the Director of the Indian Health Service, or a recipient receiving funding for a housing construction or renovation project under this title, may use funding from the Indian Health Service for the construction of sanitation facilities under that project.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( Public Law 104–330 ; 110 Stat. 4016) is amended by inserting after the item relating to section 210 the following: Sec. 211. IHS sanitation facilities construction..", "id": "id55D1472DBD0540169886C6078EF40E00", "header": "Indian Health Service", "nested": [ { "text": "(a) In general \nSubtitle A of title II of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131 et seq. ) is amended by adding at the end the following: 211. IHS sanitation facilities construction \nNotwithstanding any other provision of law, the Director of the Indian Health Service, or a recipient receiving funding for a housing construction or renovation project under this title, may use funding from the Indian Health Service for the construction of sanitation facilities under that project..", "id": "id1D4FFD72EBFC452FB1D7681A9E4DA099", "header": "In general", "nested": [], "links": [ { "text": "25 U.S.C. 4131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4131" } ] }, { "text": "(b) Clerical amendment \nThe table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( Public Law 104–330 ; 110 Stat. 4016) is amended by inserting after the item relating to section 210 the following: Sec. 211. IHS sanitation facilities construction..", "id": "idBE133EDE4B37452FB7D3741CA824CB87", "header": "Clerical amendment", "nested": [], "links": [ { "text": "Public Law 104–330", "legal-doc": "public-law", "parsable-cite": "pl/104/330" } ] } ], "links": [ { "text": "25 U.S.C. 4131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4131" }, { "text": "Public Law 104–330", "legal-doc": "public-law", "parsable-cite": "pl/104/330" } ] }, { "text": "211. IHS sanitation facilities construction \nNotwithstanding any other provision of law, the Director of the Indian Health Service, or a recipient receiving funding for a housing construction or renovation project under this title, may use funding from the Indian Health Service for the construction of sanitation facilities under that project.", "id": "idA8C2F6D7866F4469B6732F628B710305", "header": "IHS sanitation facilities construction", "nested": [], "links": [] }, { "text": "11010. Statutory authority to suspend grant funds in emergencies \nSection 401(a)(4) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4161(a)(4) ) is amended— (1) in subparagraph (A), by striking may take an action described in paragraph (1)(C) and inserting may immediately take an action described in paragraph (1)(C) ; and (2) by striking subparagraph (B) and inserting the following: (B) Procedural requirements \n(i) In general \nIf the Secretary takes an action described in subparagraph (A), the Secretary shall provide notice to the recipient at the time that the Secretary takes that action. (ii) Notice requirements \nThe notice under clause (i) shall inform the recipient that the recipient may request a hearing by not later than 30 days after the date on which the Secretary provides the notice. (iii) Hearing requirements \nA hearing requested under clause (ii) shall be conducted— (I) in accordance with subpart A of part 26 of title 24, Code of Federal Regulations (or successor regulations); and (II) to the maximum extent practicable, on an expedited basis. (iv) Failure to conduct a hearing \nIf a hearing requested under clause (ii) is not completed by the date that is 180 days after the date on which the recipient requests the hearing, the action of the Secretary to limit the availability of payments shall no longer be effective..", "id": "idE4145B79EC194F0AAAFDE5FC650334D0", "header": "Statutory authority to suspend grant funds in emergencies", "nested": [], "links": [ { "text": "25 U.S.C. 4161(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/25/4161" } ] }, { "text": "11011. Reports to Congress \nSection 407 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4167 ) is amended— (1) in subsection (a), by striking Congress and inserting Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives ; and (2) by adding at the end the following: (c) Public availability \nThe report described in subsection (a) shall be made publicly available, including to recipients..", "id": "id60fa4018-f693-4486-ac49-18bf041983d3", "header": "Reports to Congress", "nested": [], "links": [ { "text": "25 U.S.C. 4167", "legal-doc": "usc", "parsable-cite": "usc/25/4167" } ] }, { "text": "11012. 99-year leasehold interest in trust or restricted lands for housing purposes \nSection 702 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4211 ) is amended— (1) in the section heading, by striking 50-year and inserting 99-year ; (2) in subsection (b), by striking 50 years and inserting 99 years ; and (3) in subsection (c)(2), by striking 50 years and inserting 99 years.", "id": "idf54d7d91cd704234847509aaea25778a", "header": "99-year leasehold interest in trust or restricted lands for housing purposes", "nested": [], "links": [ { "text": "25 U.S.C. 4211", "legal-doc": "usc", "parsable-cite": "usc/25/4211" } ] }, { "text": "11013. Amendments for block grants for affordable housing activities \nSection 802(e) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4222(e) ) is amended by— (1) by striking The Director and inserting the following: (1) In general \nThe Director ; and (2) by adding at the end the following: (2) Subawards \nNotwithstanding any other provision of law, including provisions of State law requiring competitive procurement, the Director may make subawards to subrecipients, except for for-profit entities, using amounts provided under this title to carry out affordable housing activities upon a determination by the Director that such subrecipients have adequate capacity to carry out activities in accordance with this Act..", "id": "id476bb538fcf54aad81ef139502bf2a9b", "header": "Amendments for block grants for affordable housing activities", "nested": [], "links": [ { "text": "25 U.S.C. 4222(e)", "legal-doc": "usc", "parsable-cite": "usc/25/4222" } ] }, { "text": "11014. Reauthorization of Native Hawaiian homeownership provisions \nSection 824 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4243 ) is amended by striking such sums as may be necessary and all that follows through the period at the end and inserting such sums as may be necessary for each of fiscal years 2024 through 2030..", "id": "idF220514F4FAB41F88687B825D7D071A4", "header": "Reauthorization of Native Hawaiian homeownership provisions", "nested": [], "links": [ { "text": "25 U.S.C. 4243", "legal-doc": "usc", "parsable-cite": "usc/25/4243" } ] }, { "text": "11015. Total development cost maximum project cost \nAffordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 )) that is developed, acquired, or assisted under the block grant program established under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 ) shall not exceed by more than 20 percent, without prior approval of the Secretary of Housing and Urban Development, the total development cost maximum cost for all housing assisted under an affordable housing activity, including development and model activities.", "id": "ida6235aaf-ae12-4df9-b89f-5f680682e631", "header": "Total development cost maximum project cost", "nested": [], "links": [ { "text": "25 U.S.C. 4103", "legal-doc": "usc", "parsable-cite": "usc/25/4103" }, { "text": "25 U.S.C. 4111", "legal-doc": "usc", "parsable-cite": "usc/25/4111" } ] }, { "text": "11016. Community-based development organizations and special activities by Indian Tribes \nSection 105 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 ) is amended by adding at the end the following: (i) Indian tribes and tribally designated housing entities as community-based development organizations \n(1) Definition \nIn this subsection, the term tribally designated housing entity has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (2) Qualification \nAn Indian tribe, a tribally designated housing entity, or a tribal organization shall qualify as a community-based development organization for purposes of carrying out new housing construction under this subsection under a grant made under section 106(a)(1). (j) Special activities by Indian Tribes \nAn Indian tribe receiving a grant under paragraph (1) of section 106(a)(1) shall be authorized to directly carry out activities described in paragraph (15) of such section 106(a)(1)..", "id": "id67A0619CD94D46D4B32328468831C43B", "header": "Community-based development organizations and special activities by Indian Tribes", "nested": [], "links": [ { "text": "42 U.S.C. 5305", "legal-doc": "usc", "parsable-cite": "usc/42/5305" }, { "text": "25 U.S.C. 4103", "legal-doc": "usc", "parsable-cite": "usc/25/4103" } ] }, { "text": "11017. Section 184 Indian Home Loan Guarantee program \n(a) In general \nSection 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a ) is amended— (1) by amending subsection (a) to read as follows: (a) Authority \nTo provide access to sources of private financing to Indian families, Indian housing authorities, and Indian Tribes, who otherwise could not acquire housing financing because of the unique legal status of Indian lands and the unique nature of tribal economies, and to expand homeownership opportunities to Indian families, Indian housing authorities and Indian tribes on fee simple lands, the Secretary may guarantee not to exceed 100 percent of the unpaid principal and interest due on any loan eligible under subsection (b) made to an Indian family, Indian housing authority, or Indian Tribe on trust land and fee simple land. ; and (2) in subsection (b)— (A) by amending paragraph (2) to read as follows: (2) Eligible housing \nThe loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing. ; (B) in paragraph (4)— (i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly; (ii) by striking The loan and inserting the following: (A) In general \nThe loan ; (iii) in subparagraph (A), as so designated, by adding at the end the following: (v) Any other lender that is supervised, approved, regulated, or insured by any agency of the Federal Government, including any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) ). ; and (iv) by adding at the end the following: (B) Direct guarantee process \n(i) Authorization \nThe Secretary may authorize qualifying lenders to participate in a direct guarantee process for approving loans under this section. (ii) Indemnification \n(I) In general \nIf the Secretary determines that a mortgage guaranteed through a direct guarantee process under this subparagraph was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this subparagraph to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default. (II) Fraud or misrepresentation \nIf fraud or misrepresentation is involved in a direct guarantee process under this subparagraph, the Secretary shall require the original lender approved under this subparagraph to indemnify the Secretary for the loss regardless of when an insurance claim is paid. (C) Review of mortgagees \n(i) In general \nThe Secretary may periodically review the mortgagees originating, underwriting, or servicing single family mortgage loans under this section. (ii) Requirements \nIn conducting a review under clause (i), the Secretary— (I) shall compare the mortgagee with other mortgagees originating or underwriting loan guarantees for Indian housing based on the rates of defaults and claims for guaranteed mortgage loans originated, underwritten, or serviced by that mortgagee; (II) may compare the mortgagee with such other mortgagees based on underwriting quality, geographic area served, or any commonly used factors the Secretary determines necessary for comparing mortgage default risk, provided that the comparison is of factors that the Secretary would expect to affect the default risk of mortgage loans guaranteed by the Secretary; (iii) shall implement such comparisons by regulation, notice, or mortgagee letter; and (I) may terminate the approval of a mortgagee to originate, underwrite, or service loan guarantees for housing under this section if the Secretary determines that the mortgage loans originated, underwritten, or serviced by the mortgagee present an unacceptable risk to the Indian Housing Loan Guarantee Fund established under subsection (i)— (aa) based on a comparison of any of the factors set forth in this subparagraph; or (bb) by a determination that the mortgagee engaged in fraud or misrepresentation. ; and (C) in paragraph (5)(A), by inserting before the semicolon at the end the following: except, as determined by the Secretary, when there is a loan modification under subsection (h)(1)(B), the term of the loan shall not exceed 40 years. (b) Loan guarantees for Indian housing \nSection 184(i)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is amended— (1) in subparagraph (B), by inserting after the first sentence the following: There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2024 through 2030. ; and (2) in subparagraph (C), by striking 2008 through 2012 and inserting 2024 through 2030.", "id": "id4eaac46ff0e64410bddfc08fabc747be", "header": "Section 184 Indian Home Loan Guarantee program", "nested": [ { "text": "(a) In general \nSection 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a ) is amended— (1) by amending subsection (a) to read as follows: (a) Authority \nTo provide access to sources of private financing to Indian families, Indian housing authorities, and Indian Tribes, who otherwise could not acquire housing financing because of the unique legal status of Indian lands and the unique nature of tribal economies, and to expand homeownership opportunities to Indian families, Indian housing authorities and Indian tribes on fee simple lands, the Secretary may guarantee not to exceed 100 percent of the unpaid principal and interest due on any loan eligible under subsection (b) made to an Indian family, Indian housing authority, or Indian Tribe on trust land and fee simple land. ; and (2) in subsection (b)— (A) by amending paragraph (2) to read as follows: (2) Eligible housing \nThe loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing. ; (B) in paragraph (4)— (i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly; (ii) by striking The loan and inserting the following: (A) In general \nThe loan ; (iii) in subparagraph (A), as so designated, by adding at the end the following: (v) Any other lender that is supervised, approved, regulated, or insured by any agency of the Federal Government, including any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) ). ; and (iv) by adding at the end the following: (B) Direct guarantee process \n(i) Authorization \nThe Secretary may authorize qualifying lenders to participate in a direct guarantee process for approving loans under this section. (ii) Indemnification \n(I) In general \nIf the Secretary determines that a mortgage guaranteed through a direct guarantee process under this subparagraph was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this subparagraph to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default. (II) Fraud or misrepresentation \nIf fraud or misrepresentation is involved in a direct guarantee process under this subparagraph, the Secretary shall require the original lender approved under this subparagraph to indemnify the Secretary for the loss regardless of when an insurance claim is paid. (C) Review of mortgagees \n(i) In general \nThe Secretary may periodically review the mortgagees originating, underwriting, or servicing single family mortgage loans under this section. (ii) Requirements \nIn conducting a review under clause (i), the Secretary— (I) shall compare the mortgagee with other mortgagees originating or underwriting loan guarantees for Indian housing based on the rates of defaults and claims for guaranteed mortgage loans originated, underwritten, or serviced by that mortgagee; (II) may compare the mortgagee with such other mortgagees based on underwriting quality, geographic area served, or any commonly used factors the Secretary determines necessary for comparing mortgage default risk, provided that the comparison is of factors that the Secretary would expect to affect the default risk of mortgage loans guaranteed by the Secretary; (iii) shall implement such comparisons by regulation, notice, or mortgagee letter; and (I) may terminate the approval of a mortgagee to originate, underwrite, or service loan guarantees for housing under this section if the Secretary determines that the mortgage loans originated, underwritten, or serviced by the mortgagee present an unacceptable risk to the Indian Housing Loan Guarantee Fund established under subsection (i)— (aa) based on a comparison of any of the factors set forth in this subparagraph; or (bb) by a determination that the mortgagee engaged in fraud or misrepresentation. ; and (C) in paragraph (5)(A), by inserting before the semicolon at the end the following: except, as determined by the Secretary, when there is a loan modification under subsection (h)(1)(B), the term of the loan shall not exceed 40 years.", "id": "id49B5F692DD984CD98FFFE21ECE852043", "header": "In general", "nested": [], "links": [ { "text": "12 U.S.C. 1715z–13a", "legal-doc": "usc", "parsable-cite": "usc/12/1715z-13a" }, { "text": "12 U.S.C. 4703(a)", "legal-doc": "usc", "parsable-cite": "usc/12/4703" } ] }, { "text": "(b) Loan guarantees for Indian housing \nSection 184(i)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is amended— (1) in subparagraph (B), by inserting after the first sentence the following: There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2024 through 2030. ; and (2) in subparagraph (C), by striking 2008 through 2012 and inserting 2024 through 2030.", "id": "H954D80D03FEB492FBF6B874FF6B10776", "header": "Loan guarantees for Indian housing", "nested": [], "links": [] } ], "links": [ { "text": "12 U.S.C. 1715z–13a", "legal-doc": "usc", "parsable-cite": "usc/12/1715z-13a" }, { "text": "12 U.S.C. 4703(a)", "legal-doc": "usc", "parsable-cite": "usc/12/4703" } ] }, { "text": "11018. Loan guarantees for Native Hawaiian housing \nSection 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b ) is amended— (1) in subsection (b), by inserting , and to expand homeownership opportunities to Native Hawaiian families who are eligible to receive a homestead under the Hawaiian Homes Commission Act, 1920 (42 Stat. 108) on fee simple lands in the State of Hawaii after markets ; (2) in subsection (c)— (A) by amending paragraph (2) to read as follows: (2) Eligible housing \nThe loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing. ; (B) in paragraph (4)— (i) in subparagraph (B)— (I) by redesignating clause (iv) as clause (v); and (II) by adding after clause (iii) the following: (iv) Any other lender that is supervised, approved, regulated, or insured by any agency of the Federal Government, including any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) ). ; and (ii) by adding at the end the following: (C) Indemnification \n(i) In general \nIf the Secretary determines that a mortgage guaranteed through a direct guarantee process under this section was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this section to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default. (ii) Direct guarantee endorsement \nThe Secretary may, dependent on the availability of systems development and staffing resources, delegate to eligible lenders the authority to directly endorse loans under this section. (iii) Fraud or misrepresentation \nIf fraud or misrepresentation was involved in the direct guarantee endorsement process by a lender under this section, the Secretary shall require the approved direct guarantee endorsement lender to indemnify the Secretary for any loss or potential loss, regardless of whether the fraud or misrepresentation caused or may cause the loan default. (iv) Implementation \nThe Secretary may implement any requirements described in this subparagraph by regulation, notice, or Dear Lender Letter.. (C) in paragraph (5)(A), by inserting before the semicolon at the end the following: except, as determined by the Secretary, when there is a loan modification under subsection (i)(1)(B), the term of the loan shall not exceed 40 years ; (3) in subsection (d)— (A) in paragraph (1), by adding at the end the following: (C) Exception \nWhen the Secretary exercises its discretion to delegate direct guarantee endorsement authority pursuant to subsection (c)(4)(C)(ii), subparagraphs (A) and (B) of this paragraph shall not apply. ; (B) by amending paragraph (2) to read as follows: (2) Standard for approval \n(A) Approval \nThe Secretary may approve a loan for guarantee under this section and issue a certificate under this subsection only if the Secretary determines that there is a reasonable prospect of repayment of the loan. (B) Exceptions \nWhen the Secretary exercises its discretion to delegate direct guarantee endorsement authority pursuant to subsection (c)(4)(C)(ii)— (i) subparagraph (A) shall not apply; and (ii) the direct guarantee endorsement lender may issue a certificate under this paragraph as evidence of the guarantee in accordance with requirements prescribed by the Secretary. ; and (C) in paragraph (3)(A), by inserting or, where applicable, the direct guarantee endorsement lender, after Secretary and (4) in subsection (j)(5)(B), by inserting after the first sentence the following: There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2024 through 2030..", "id": "id6fd89f118e734058a12cdfec68f2f3f8", "header": "Loan guarantees for Native Hawaiian housing", "nested": [], "links": [ { "text": "12 U.S.C. 1715z–13b", "legal-doc": "usc", "parsable-cite": "usc/12/1715z-13b" }, { "text": "12 U.S.C. 4703(a)", "legal-doc": "usc", "parsable-cite": "usc/12/4703" } ] }, { "text": "11019. Drug elimination program \n(a) Definitions \nIn this section: (1) Controlled substance \nThe term controlled substance has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) Drug-related crime \nThe term drug-related crime means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance. (3) Recipient \nThe term recipient — (A) has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ); and (B) includes a recipient of funds under title VIII of that Act ( 25 U.S.C. 4221 et seq. ). (4) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development. (b) Establishment \nThe Secretary may, in consultation with the Bureau of Indian Affairs and relevant Tribal law enforcement agencies, make grants under this section to recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) for use in eliminating drug-related and violent crime. (c) Eligible activities \nGrants under this section may be used for— (1) the employment of security personnel; (2) reimbursement of State, local, Tribal, or Bureau of Indian Affairs law enforcement agencies for additional security and protective services; (3) physical improvements which are specifically designed to enhance security; (4) the employment of 1 or more individuals— (A) to investigate drug-related or violent crime in and around the real property comprising housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ); and (B) to provide evidence relating to such crime in any administrative or judicial proceeding; (5) the provision of training, communications equipment, and other related equipment for use by voluntary tenant patrols acting in cooperation with law enforcement officials; (6) programs designed to reduce use of drugs in and around housing communities funded under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), including drug-abuse prevention, intervention, referral, and treatment programs; (7) providing funding to nonprofit resident management corporations and resident councils to develop security and drug abuse prevention programs involving site residents; (8) sports programs and sports activities that serve primarily youths from housing communities funded through and are operated in conjunction with, or in furtherance of, an organized program or plan designed to reduce or eliminate drugs and drug-related problems in and around those communities; and (9) other programs for youth in school settings that address drug prevention and positive alternatives for youth, including education and activities related to science, technology, engineering, and math. (d) Applications \n(1) In general \nTo receive a grant under this subsection, an eligible applicant shall submit an application to the Secretary, at such time, in such manner, and accompanied by— (A) a plan for addressing the problem of drug-related or violent crime in and around of the housing administered or owned by the applicant for which the application is being submitted; and (B) such additional information as the Secretary may reasonably require. (2) Criteria \nThe Secretary shall approve applications submitted under paragraph (1) on the basis of thresholds or criteria such as— (A) the extent of the drug-related or violent crime problem in and around the housing or projects proposed for assistance; (B) the quality of the plan to address the crime problem in the housing or projects proposed for assistance, including the extent to which the plan includes initiatives that can be sustained over a period of several years; (C) the capability of the applicant to carry out the plan; and (D) the extent to which tenants, the Tribal government, and the Tribal community support and participate in the design and implementation of the activities proposed to be funded under the application. (e) High intensity drug trafficking areas \nIn evaluating the extent of the drug-related crime problem pursuant to subsection (d)(2), the Secretary may consider whether housing or projects proposed for assistance are located in a high intensity drug trafficking area designated pursuant to section 707(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1706(b) ). (f) Reports \n(1) Grantee reports \nThe Secretary shall require grantees under this section to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in subsection (d)(1)(A), and any change in the incidence of drug-related crime in projects assisted under section. (2) HUD reports \nNot later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the system used to distribute funding to grantees under this section, which shall include descriptions of— (A) the methodology used to distribute amounts made available under this section; and (B) actions taken by the Secretary to ensure that amounts made available under section are not used to fund baseline local government services, as described in subsection (h)(2). (g) Notice of funding awards \nThe Secretary shall publish on the website of the Department a notice of all grant awards made pursuant to section, which shall identify the grantees and the amount of the grants. (h) Monitoring \n(1) In general \nThe Secretary shall audit and monitor the program funded under this subsection to ensure that assistance provided under this subsection is administered in accordance with the provisions of section. (2) Prohibition of funding baseline services \n(A) In general \nAmounts provided under this section may not be used to reimburse or support any local law enforcement agency or unit of general local government for the provision of services that are included in the baseline of services required to be provided by any such entity pursuant to a local cooperative agreement pursuant under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) or any provision of an annual contributions contract for payments in lieu of taxation with the Bureau of Indian Affairs. (B) Description \nEach grantee under this section shall describe, in the report under subsection (f)(1), such baseline of services for the unit of Tribal government in which the jurisdiction of the grantee is located. (3) Enforcement \nThe Secretary shall provide for the effective enforcement of this section, as specified in the program requirements published in a notice by the Secretary, which may include— (A) the use of on-site monitoring, independent public audit requirements, certification by Tribal or Federal law enforcement or Tribal government officials regarding the performance of baseline services referred to in paragraph (2); (B) entering into agreements with the Attorney General to achieve compliance, and verification of compliance, with the provisions of this section; and (C) adopting enforcement authority that is substantially similar to the authority provided to the Secretary under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) (i) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary for each fiscal years 2024 through 2030 to carry out this section.", "id": "id5732337bbbda41ba8d72773f4775fa31", "header": "Drug elimination program", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Controlled substance \nThe term controlled substance has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) Drug-related crime \nThe term drug-related crime means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance. (3) Recipient \nThe term recipient — (A) has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ); and (B) includes a recipient of funds under title VIII of that Act ( 25 U.S.C. 4221 et seq. ). (4) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development.", "id": "id5462e5657157482b9add45534533369b", "header": "Definitions", "nested": [], "links": [ { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" }, { "text": "25 U.S.C. 4103", "legal-doc": "usc", "parsable-cite": "usc/25/4103" }, { "text": "25 U.S.C. 4221 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4221" } ] }, { "text": "(b) Establishment \nThe Secretary may, in consultation with the Bureau of Indian Affairs and relevant Tribal law enforcement agencies, make grants under this section to recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) for use in eliminating drug-related and violent crime.", "id": "idD1536950A5684A9ABE773B1FB4B54449", "header": "Establishment", "nested": [], "links": [ { "text": "25 U.S.C. 4101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4101" } ] }, { "text": "(c) Eligible activities \nGrants under this section may be used for— (1) the employment of security personnel; (2) reimbursement of State, local, Tribal, or Bureau of Indian Affairs law enforcement agencies for additional security and protective services; (3) physical improvements which are specifically designed to enhance security; (4) the employment of 1 or more individuals— (A) to investigate drug-related or violent crime in and around the real property comprising housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ); and (B) to provide evidence relating to such crime in any administrative or judicial proceeding; (5) the provision of training, communications equipment, and other related equipment for use by voluntary tenant patrols acting in cooperation with law enforcement officials; (6) programs designed to reduce use of drugs in and around housing communities funded under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), including drug-abuse prevention, intervention, referral, and treatment programs; (7) providing funding to nonprofit resident management corporations and resident councils to develop security and drug abuse prevention programs involving site residents; (8) sports programs and sports activities that serve primarily youths from housing communities funded through and are operated in conjunction with, or in furtherance of, an organized program or plan designed to reduce or eliminate drugs and drug-related problems in and around those communities; and (9) other programs for youth in school settings that address drug prevention and positive alternatives for youth, including education and activities related to science, technology, engineering, and math.", "id": "id8315ba57487c4adfbfb9deb39d9a52dd", "header": "Eligible activities", "nested": [], "links": [ { "text": "25 U.S.C. 4101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4101" }, { "text": "25 U.S.C. 4101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4101" } ] }, { "text": "(d) Applications \n(1) In general \nTo receive a grant under this subsection, an eligible applicant shall submit an application to the Secretary, at such time, in such manner, and accompanied by— (A) a plan for addressing the problem of drug-related or violent crime in and around of the housing administered or owned by the applicant for which the application is being submitted; and (B) such additional information as the Secretary may reasonably require. (2) Criteria \nThe Secretary shall approve applications submitted under paragraph (1) on the basis of thresholds or criteria such as— (A) the extent of the drug-related or violent crime problem in and around the housing or projects proposed for assistance; (B) the quality of the plan to address the crime problem in the housing or projects proposed for assistance, including the extent to which the plan includes initiatives that can be sustained over a period of several years; (C) the capability of the applicant to carry out the plan; and (D) the extent to which tenants, the Tribal government, and the Tribal community support and participate in the design and implementation of the activities proposed to be funded under the application.", "id": "id33bfe65cafc84c85a40f950ee4dcaf09", "header": "Applications", "nested": [], "links": [] }, { "text": "(e) High intensity drug trafficking areas \nIn evaluating the extent of the drug-related crime problem pursuant to subsection (d)(2), the Secretary may consider whether housing or projects proposed for assistance are located in a high intensity drug trafficking area designated pursuant to section 707(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1706(b) ).", "id": "idf9b9ee3a4b154860845ad0207b3a1f19", "header": "High intensity drug trafficking areas", "nested": [], "links": [ { "text": "21 U.S.C. 1706(b)", "legal-doc": "usc", "parsable-cite": "usc/21/1706" } ] }, { "text": "(f) Reports \n(1) Grantee reports \nThe Secretary shall require grantees under this section to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in subsection (d)(1)(A), and any change in the incidence of drug-related crime in projects assisted under section. (2) HUD reports \nNot later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the system used to distribute funding to grantees under this section, which shall include descriptions of— (A) the methodology used to distribute amounts made available under this section; and (B) actions taken by the Secretary to ensure that amounts made available under section are not used to fund baseline local government services, as described in subsection (h)(2).", "id": "idce8a7b2bf02948dea851d0410529a866", "header": "Reports", "nested": [], "links": [] }, { "text": "(g) Notice of funding awards \nThe Secretary shall publish on the website of the Department a notice of all grant awards made pursuant to section, which shall identify the grantees and the amount of the grants.", "id": "id26daa4edd1324f5e8a404a770578dbde", "header": "Notice of funding awards", "nested": [], "links": [] }, { "text": "(h) Monitoring \n(1) In general \nThe Secretary shall audit and monitor the program funded under this subsection to ensure that assistance provided under this subsection is administered in accordance with the provisions of section. (2) Prohibition of funding baseline services \n(A) In general \nAmounts provided under this section may not be used to reimburse or support any local law enforcement agency or unit of general local government for the provision of services that are included in the baseline of services required to be provided by any such entity pursuant to a local cooperative agreement pursuant under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) or any provision of an annual contributions contract for payments in lieu of taxation with the Bureau of Indian Affairs. (B) Description \nEach grantee under this section shall describe, in the report under subsection (f)(1), such baseline of services for the unit of Tribal government in which the jurisdiction of the grantee is located. (3) Enforcement \nThe Secretary shall provide for the effective enforcement of this section, as specified in the program requirements published in a notice by the Secretary, which may include— (A) the use of on-site monitoring, independent public audit requirements, certification by Tribal or Federal law enforcement or Tribal government officials regarding the performance of baseline services referred to in paragraph (2); (B) entering into agreements with the Attorney General to achieve compliance, and verification of compliance, with the provisions of this section; and (C) adopting enforcement authority that is substantially similar to the authority provided to the Secretary under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. )", "id": "id1ada6bc5920d43a0ad1563ec9713030f", "header": "Monitoring", "nested": [], "links": [ { "text": "25 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/5301" }, { "text": "25 U.S.C. 4101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4101" } ] }, { "text": "(i) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary for each fiscal years 2024 through 2030 to carry out this section.", "id": "id82c3f114c9074833bdcfb89a2d81c724", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" }, { "text": "25 U.S.C. 4103", "legal-doc": "usc", "parsable-cite": "usc/25/4103" }, { "text": "25 U.S.C. 4221 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4221" }, { "text": "25 U.S.C. 4101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4101" }, { "text": "25 U.S.C. 4101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4101" }, { "text": "25 U.S.C. 4101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4101" }, { "text": "21 U.S.C. 1706(b)", "legal-doc": "usc", "parsable-cite": "usc/21/1706" }, { "text": "25 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/5301" }, { "text": "25 U.S.C. 4101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4101" } ] }, { "text": "11020. Rental assistance for homeless or at-risk Indian veterans \nSection 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) is amended by adding at the end the following: (E) Indian veterans housing rental assistance program \n(i) Definitions \nIn this subparagraph: (I) Eligible Indian veteran \nThe term eligible Indian veteran means an Indian veteran who is— (aa) homeless or at risk of homelessness; and (bb) living— (AA) on or near a reservation; or (BB) in or near any other Indian area. (II) Eligible recipient \nThe term eligible recipient means a recipient eligible to receive a grant under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 ). (III) Indian; Indian area \nThe terms Indian and Indian area have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (IV) Indian veteran \nThe term Indian veteran means an Indian who is a veteran. (V) Program \nThe term Program means the Tribal HUD–VASH program carried out under clause (ii). (VI) Tribal organization \nThe term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (ii) Program specifications \nThe Secretary shall use not less than 5 percent of the amounts made available for rental assistance under this paragraph to carry out a rental assistance and supported housing program, to be known as the Tribal HUD–VASH program , in conjunction with the Secretary of Veterans Affairs, by awarding grants for the benefit of eligible Indian veterans. (iii) Model \n(I) In general \nExcept as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs. (II) Exceptions \n(aa) Secretary of Housing and Urban Development \nAfter consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. (bb) Secretary of Veterans Affairs \nAfter consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. (iv) Eligible recipients \nThe Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients. (v) Funding criteria \nThe Secretary shall award grants under the Program based on— (I) need; (II) administrative capacity; and (III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. (vi) Administration \nGrants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), except that recipients shall— (I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and (II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans. (vii) Consultation \n(I) Grant recipients; tribal organizations \nThe Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with eligible recipients and any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program. (II) Indian Health Service \nThe Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program. (viii) Waiver \n(I) In general \nExcept as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans. (II) Exception \nThe Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. (ix) Renewal grants \nThe Secretary may— (I) set aside, from amounts made available for tenant-based rental assistance under this subsection and without regard to the amounts used for new grants under clause (ii), such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and (II) specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program. (x) Reporting \n(I) In general \nNot later than 1 year after the date of enactment of this subparagraph, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall— (aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and (bb) submit a report describing the results of the review under item (aa) to— (AA) the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and (BB) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives. (II) Analysis of housing stock limitation \nThe Secretary shall include in the initial report submitted under subclause (I) a description of— (aa) any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program; (bb) the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and (cc) proposed alternative legislation or regulations developed by the Secretary in consultation with recipients of grants under the Program to allow the use of formula current assisted stock within the Program..", "id": "id68a701e1-369d-4c6b-b206-c398fd9bf9e4", "header": "Rental assistance for homeless or at-risk Indian veterans", "nested": [], "links": [ { "text": "42 U.S.C. 1437f(o)(19)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "25 U.S.C. 4111", "legal-doc": "usc", "parsable-cite": "usc/25/4111" }, { "text": "25 U.S.C. 4103", "legal-doc": "usc", "parsable-cite": "usc/25/4103" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 4101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4101" } ] }, { "text": "11021. Continuum of care \n(a) Definitions \nIn this section— (1) the terms collaborative applicant and eligible entity have the meanings given those terms in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ); and (2) the terms Indian tribe and tribally designated housing entity have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (b) Nonapplication of civil rights laws \nWith respect to the funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ) under the heading “Homeless Assistance Grants” in the Department of Housing and Urban Development Appropriations Act, 2021 ( Public Law 116–260 ) and under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 ( 42 U.S.C. 11364a ), title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ) shall not apply to applications by or awards for projects to be carried out— (1) on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or (2) on reservation or trust lands for awards made to eligible entities. (c) Certification \nWith respect to funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ) under the heading Homeless Assistance Grants under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 ( 42 U.S.C. 11364a )— (1) applications for projects to be carried out on reservations or trust land shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act ( 25 U.S.C. 4112 ), notwithstanding section 106 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12706 ) and section 403 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11361 ); (2) Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land shall certify that they are following an approved housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act ( 25 U.S.C. 4112 ); and (3) a collaborative applicant for a Continuum of Care whose geographic area includes only reservation and trust land is not required to meet the requirement in section 402(f)(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360a(f)(2) ).", "id": "idfd53c5ed9e4b4acb9b4659f551c39b48", "header": "Continuum of care", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the terms collaborative applicant and eligible entity have the meanings given those terms in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ); and (2) the terms Indian tribe and tribally designated housing entity have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ).", "id": "id1D9B2007ADDE46C8BEBF308F55E9448A", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 11360", "legal-doc": "usc", "parsable-cite": "usc/42/11360" }, { "text": "25 U.S.C. 4103", "legal-doc": "usc", "parsable-cite": "usc/25/4103" } ] }, { "text": "(b) Nonapplication of civil rights laws \nWith respect to the funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ) under the heading “Homeless Assistance Grants” in the Department of Housing and Urban Development Appropriations Act, 2021 ( Public Law 116–260 ) and under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 ( 42 U.S.C. 11364a ), title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ) shall not apply to applications by or awards for projects to be carried out— (1) on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or (2) on reservation or trust lands for awards made to eligible entities.", "id": "idADB8B69F9E11426287233BDADDBF0E7C", "header": "Nonapplication of civil rights laws", "nested": [], "links": [ { "text": "42 U.S.C. 11381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/11381" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "42 U.S.C. 11364a", "legal-doc": "usc", "parsable-cite": "usc/42/11364a" }, { "text": "42 U.S.C. 2000d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000d" }, { "text": "42 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/3601" } ] }, { "text": "(c) Certification \nWith respect to funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ) under the heading Homeless Assistance Grants under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 ( 42 U.S.C. 11364a )— (1) applications for projects to be carried out on reservations or trust land shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act ( 25 U.S.C. 4112 ), notwithstanding section 106 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12706 ) and section 403 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11361 ); (2) Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land shall certify that they are following an approved housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act ( 25 U.S.C. 4112 ); and (3) a collaborative applicant for a Continuum of Care whose geographic area includes only reservation and trust land is not required to meet the requirement in section 402(f)(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360a(f)(2) ).", "id": "idf9804076f7bb45ee9ba4726b37c4f25d", "header": "Certification", "nested": [], "links": [ { "text": "42 U.S.C. 11381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/11381" }, { "text": "42 U.S.C. 11364a", "legal-doc": "usc", "parsable-cite": "usc/42/11364a" }, { "text": "25 U.S.C. 4112", "legal-doc": "usc", "parsable-cite": "usc/25/4112" }, { "text": "42 U.S.C. 12706", "legal-doc": "usc", "parsable-cite": "usc/42/12706" }, { "text": "42 U.S.C. 11361", "legal-doc": "usc", "parsable-cite": "usc/42/11361" }, { "text": "25 U.S.C. 4112", "legal-doc": "usc", "parsable-cite": "usc/25/4112" }, { "text": "42 U.S.C. 11360a(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/11360a" } ] } ], "links": [ { "text": "42 U.S.C. 11360", "legal-doc": "usc", "parsable-cite": "usc/42/11360" }, { "text": "25 U.S.C. 4103", "legal-doc": "usc", "parsable-cite": "usc/25/4103" }, { "text": "42 U.S.C. 11381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/11381" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "42 U.S.C. 11364a", "legal-doc": "usc", "parsable-cite": "usc/42/11364a" }, { "text": "42 U.S.C. 2000d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000d" }, { "text": "42 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/3601" }, { "text": "42 U.S.C. 11381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/11381" }, { "text": "42 U.S.C. 11364a", "legal-doc": "usc", "parsable-cite": "usc/42/11364a" }, { "text": "25 U.S.C. 4112", "legal-doc": "usc", "parsable-cite": "usc/25/4112" }, { "text": "42 U.S.C. 12706", "legal-doc": "usc", "parsable-cite": "usc/42/12706" }, { "text": "42 U.S.C. 11361", "legal-doc": "usc", "parsable-cite": "usc/42/11361" }, { "text": "25 U.S.C. 4112", "legal-doc": "usc", "parsable-cite": "usc/25/4112" }, { "text": "42 U.S.C. 11360a(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/11360a" } ] }, { "text": "11022. Leveraging \nAll funds provided under a grant made pursuant to this division or the amendments made by this division may be used for purposes of meeting matching or cost participation requirements under any other Federal housing program, provided that such grants made pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) are spent in accordance with that Act.", "id": "id6aa346c1a0254cc39fc4b074db0c3397", "header": "Leveraging", "nested": [], "links": [ { "text": "25 U.S.C. 4101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4101" } ] }, { "text": "11001. Short title \nThis division may be cited as the Fort Belknap Indian Community Water Rights Settlement Act of 2023.", "id": "id703e9e2a61154a50856c95225b2340bb", "header": "Short title", "nested": [ { "text": "This division may be cited as the Fort Belknap Indian Community Water Rights Settlement Act of 2023.", "id": "idfaa347e2e3b548b498824b138621908c", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "11002. Purposes \nThe purposes of this division are— (1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana for— (A) the Fort Belknap Indian Community of the Fort Belknap Reservation of Montana; and (B) the United States, acting as trustee for the Fort Belknap Indian Community and allottees; (2) to authorize, ratify, and confirm the water rights compact entered into by the Fort Belknap Indian Community and the State, to the extent that the Compact is consistent with this division; (3) to authorize and direct the Secretary— (A) to execute the Compact; and (B) to take any other actions necessary to carry out the Compact in accordance with this division; (4) to authorize funds necessary for the implementation of the Compact and this division; and (5) to authorize the exchange and transfer of certain Federal and State land.", "id": "id4ac06dbe973f41db965bcb9eac29c704", "header": "Purposes", "nested": [], "links": [] }, { "text": "11003. Definitions \nIn this division: (1) Allottee \nThe term allottee means an individual who holds a beneficial real property interest in an allotment of Indian land that is— (A) located within the Reservation; and (B) held in trust by the United States. (2) Blackfeet tribe \nThe term Blackfeet Tribe means the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana. (3) Cercla \nThe term CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ). (4) Commissioner \nThe term Commissioner means the Commissioner of Reclamation. (5) Compact \nThe term Compact means— (A) the Fort Belknap-Montana water rights compact dated April 16, 2001, as contained in section 85–20–1001 of the Montana Code Annotated (2021); and (B) any appendix (including appendix amendments), part, or amendment to the Compact that is executed to make the Compact consistent with this division. (6) Enforceability date \nThe term enforceability date means the date described in section 11011(f). (7) Fort belknap indian community \nThe term Fort Belknap Indian Community means the Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation of Montana, a federally recognized Indian Tribal entity included on the list published by the Secretary pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131(a) ). (8) Fort belknap indian community council \nThe term Fort Belknap Indian Community Council means the governing body of the Fort Belknap Indian Community. (9) Fort belknap indian irrigation project \n(A) In general \nThe term Fort Belknap Indian Irrigation Project means the Federal Indian irrigation project constructed and operated by the Bureau of Indian Affairs, consisting of the Milk River unit, including— (i) the Three Mile unit; and (ii) the White Bear unit. (B) Inclusions \nThe term Fort Belknap Indian Irrigation Project includes any addition to the Fort Belknap Indian Irrigation Project constructed pursuant to this division, including expansion of the Fort Belknap Indian Irrigation Project, the Pumping Plant, delivery Pipe and Canal, the Fort Belknap Reservoir and Dam, and the Peoples Creek Flood Protection Project. (10) Implementation Fund \nThe term Implementation Fund means the Fort Belknap Indian Community Water Settlement Implementation Fund established by section 11013(a). (11) Indian tribe \nThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (12) Lake elwell \nThe term Lake Elwell means the water impounded on the Marias River in the State by Tiber Dam, a feature of the Lower Marias Unit of the Pick-Sloan Missouri River Basin Program authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891, chapter 665). (13) Malta irrigation district \nThe term Malta Irrigation District means the public corporation— (A) created on December 28, 1923, pursuant to the laws of the State relating to irrigation districts; and (B) headquartered in Malta, Montana. (14) Milk river \nThe term Milk River means the mainstem of the Milk River and each tributary of the Milk River between the headwaters of the Milk River and the confluence of the Milk River with the Missouri River, consisting of— (A) Montana Water Court Basins 40F, 40G, 40H, 40I, 40J, 40K, 40L, 40M, 40N, and 40O; and (B) the portion of the Milk River and each tributary of the Milk River that flows through the Canadian Provinces of Alberta and Saskatchewan. (15) Milk river project \n(A) In general \nThe term Milk River Project means the Bureau of Reclamation project conditionally approved by the Secretary on March 14, 1903, pursuant to the Act of June 17, 1902 (32 Stat. 388, chapter 1093), commencing at Lake Sherburne Reservoir and providing water to a point approximately 6 miles east of Nashua, Montana. (B) Inclusions \nThe term Milk River Project includes— (i) the St. Mary Unit; (ii) the Fresno Dam and Reservoir; and (iii) the Dodson pumping unit. (16) Missouri river basin \nThe term Missouri River Basin means the hydrologic basin of the Missouri River, including tributaries. (17) Operations and maintenance \nThe term operations and maintenance means the Bureau of Indian Affairs operations and maintenance activities related to costs described in section 171.500 of title 25, Code of Federal Regulations (or a successor regulation). (18) Operations, maintenance, and replacement \nThe term operations, maintenance, and replacement means— (A) any recurring or ongoing activity associated with the day-to-day operation of a project; (B) any activity relating to scheduled or unscheduled maintenance of a project; and (C) any activity relating to repairing, replacing, or rehabilitating a feature of a project. (19) Pick-sloan missouri river basin program \nThe term Pick-Sloan Missouri River Basin Program means the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891, chapter 665)). (20) PMM \nThe term PMM means the Principal Meridian, Montana. (21) Reservation \n(A) In general \nThe term Reservation means the area of the Fort Belknap Reservation in the State, as modified by this division. (B) Inclusions \nThe term Reservation includes— (i) all land and interests in land established by— (I) the Agreement with the Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation, ratified by the Act of May 1, 1888 (25 Stat. 113, chapter 212), as modified by the Agreement with the Indians of the Fort Belknap Reservation of October 9, 1895 (ratified by the Act of June 10, 1896) (29 Stat. 350, chapter 398); (II) the Act of March 3, 1921 (41 Stat. 1355, chapter 135); and (III) Public Law 94–114 ( 25 U.S.C. 5501 et seq. ); (ii) the land known as the Hancock lands purchased by the Fort Belknap Indian Community pursuant to the Fort Belknap Indian Community Council Resolution No. 234–89 (October 2, 1989); and (iii) all land transferred to the United States to be held in trust for the benefit of the Fort Belknap Indian Community under section 11006. (22) Secretary \nThe term Secretary means the Secretary of the Interior. (23) St. mary unit \n(A) In general \nThe term St. Mary Unit means the St. Mary Storage Unit of the Milk River Project authorized by Congress on March 25, 1905. (B) Inclusions \nThe term St. Mary Unit includes— (i) Sherburne Dam and Reservoir; (ii) Swift Current Creek Dike; (iii) Lower St. Mary Lake; (iv) St. Mary Canal Diversion Dam; and (v) St. Mary Canal and appurtenances. (24) State \nThe term State means the State of Montana. (25) Tribal water code \nThe term Tribal water code means the Tribal water code enacted by the Fort Belknap Indian Community pursuant to section 11005(g). (26) Tribal water rights \nThe term Tribal water rights means the water rights of the Fort Belknap Indian Community, as described in Article III of the Compact and this division, including the allocation of water to the Fort Belknap Indian Community from Lake Elwell under section 11007. (27) Trust fund \nThe term Trust Fund means the Aaniiih Nakoda Settlement Trust Fund established for the Fort Belknap Indian Community under section 11012(a).", "id": "idc5fe76e20ac247b8b3bf7a4e5f1dfcb6", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "25 U.S.C. 5131(a)", "legal-doc": "usc", "parsable-cite": "usc/25/5131" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 5501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/5501" } ] }, { "text": "11004. Ratification of Compact \n(a) Ratification of Compact \n(1) In general \nAs modified by this division, the Compact is authorized, ratified, and confirmed. (2) Amendments \nAny amendment to the Compact is authorized, ratified, and confirmed to the extent that the amendment is executed to make the Compact consistent with this division. (b) Execution \n(1) In general \nTo the extent that the Compact does not conflict with this division, the Secretary shall execute the Compact, including all appendices to, or parts of, the Compact requiring the signature of the Secretary. (2) Modifications \nNothing in this division precludes the Secretary from approving any modification to an appendix to the Compact that is consistent with this division, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 ) or any other applicable provision of Federal law. (c) Environmental compliance \n(1) In general \nIn implementing the Compact and this division, the Secretary shall comply with all applicable provisions of— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the implementing regulations of that Act; and (C) other applicable Federal environmental laws and regulations. (2) Compliance \n(A) In general \nIn implementing the Compact and this division, the Fort Belknap Indian Community shall prepare any necessary environmental documents, except for any environmental documents required under section 11008, consistent with all applicable provisions of— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ), including the implementing regulations of that Act; and (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations \nThe Secretary shall— (i) independently evaluate the documentation submitted under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution \nThe execution of the Compact by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Costs \nAny costs associated with the performance of the compliance activities described in paragraph (2) shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary.", "id": "idfffb5ebf01c74ad19bf1c8732733a9b5", "header": "Ratification of Compact", "nested": [ { "text": "(a) Ratification of Compact \n(1) In general \nAs modified by this division, the Compact is authorized, ratified, and confirmed. (2) Amendments \nAny amendment to the Compact is authorized, ratified, and confirmed to the extent that the amendment is executed to make the Compact consistent with this division.", "id": "idaa06fbb3742c44019fba4011af30b39c", "header": "Ratification of Compact", "nested": [], "links": [] }, { "text": "(b) Execution \n(1) In general \nTo the extent that the Compact does not conflict with this division, the Secretary shall execute the Compact, including all appendices to, or parts of, the Compact requiring the signature of the Secretary. (2) Modifications \nNothing in this division precludes the Secretary from approving any modification to an appendix to the Compact that is consistent with this division, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 ) or any other applicable provision of Federal law.", "id": "id479419449dba4675b14aa830787fd478", "header": "Execution", "nested": [], "links": [ { "text": "25 U.S.C. 177", "legal-doc": "usc", "parsable-cite": "usc/25/177" } ] }, { "text": "(c) Environmental compliance \n(1) In general \nIn implementing the Compact and this division, the Secretary shall comply with all applicable provisions of— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the implementing regulations of that Act; and (C) other applicable Federal environmental laws and regulations. (2) Compliance \n(A) In general \nIn implementing the Compact and this division, the Fort Belknap Indian Community shall prepare any necessary environmental documents, except for any environmental documents required under section 11008, consistent with all applicable provisions of— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ), including the implementing regulations of that Act; and (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations \nThe Secretary shall— (i) independently evaluate the documentation submitted under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution \nThe execution of the Compact by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Costs \nAny costs associated with the performance of the compliance activities described in paragraph (2) shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary.", "id": "id54576c1a66284377a84106b6933e1057", "header": "Environmental compliance", "nested": [], "links": [ { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "42 U.S.C. 4231 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4231" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] } ], "links": [ { "text": "25 U.S.C. 177", "legal-doc": "usc", "parsable-cite": "usc/25/177" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "42 U.S.C. 4231 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4231" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "11005. Tribal water rights \n(a) Confirmation of tribal water rights \n(1) In general \nThe Tribal water rights are ratified, confirmed, and declared to be valid. (2) Use \nAny use of the Tribal water rights shall be subject to the terms and conditions of the Compact and this division. (3) Conflict \nIn the event of a conflict between the Compact and this division, this division shall control. (b) Intent of congress \nIt is the intent of Congress to provide to each allottee benefits that are equivalent to, or exceed, the benefits the allottees possess on the day before the date of enactment of this division, taking into consideration— (1) the potential risks, cost, and time delay associated with litigation that would be resolved by the Compact and this division; (2) the availability of funding under this division and from other sources; (3) the availability of water from the Tribal water rights; and (4) the applicability of section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ), and this division to protect the interests of allottees. (c) Trust status of tribal water rights \nThe Tribal water rights— (1) shall be held in trust by the United States for the use and benefit of the Fort Belknap Indian Community and allottees in accordance with this division; and (2) shall not be subject to loss through non-use, forfeiture, or abandonment. (d) Allottees \n(1) Applicability of the Act of february 8, 1887 \nThe provisions of section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ), relating to the use of water for irrigation purposes, shall apply to the Tribal water rights. (2) Entitlement to water \nAny entitlement to water of an allottee under Federal law shall be satisfied from the Tribal water rights. (3) Allocations \nAn allottee shall be entitled to a just and equitable allocation of water for irrigation purposes. (4) Claims \n(A) Exhaustion of remedies \nBefore asserting any claim against the United States under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ), or any other applicable law, an allottee shall exhaust remedies available under the Tribal water code or other applicable Tribal law. (B) Action for relief \nAfter the exhaustion of all remedies available under the Tribal water code or other applicable Tribal law, an allottee may seek relief under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ), or other applicable law. (5) Authority of the secretary \nThe Secretary shall have the authority to protect the rights of allottees in accordance with this section. (e) Authority of the fort belknap indian community \n(1) In general \nThe Fort Belknap Indian Community shall have the authority to allocate, distribute, and lease the Tribal water rights for use on the Reservation in accordance with the Compact, this division, and applicable Federal law. (2) Off-reservation use \nThe Fort Belknap Indian Community may allocate, distribute, and lease the Tribal water rights for off-Reservation use in accordance with the Compact, this division, and applicable Federal law— (A) subject to the approval of the Secretary; or (B) pursuant to Tribal water leasing regulations consistent with the requirements of subsection (f). (3) Land leases by allottees \nNotwithstanding paragraph (1), an allottee may lease any interest in land held by the allottee, together with any water right determined to be appurtenant to the interest in land, in accordance with the Tribal water code. (f) Tribal water leasing regulations \n(1) In general \nAt the discretion of the Fort Belknap Indian Community, any water lease of the Fort Belknap Indian Community of the Tribal water rights for use on or off the Reservation shall not require the approval of the Secretary if the lease— (A) is executed under tribal regulations, approved by the Secretary under this subsection; (B) is in accordance with the Compact; and (C) does not exceed a term of 100 years, except that a lease may include an option to renew for 1 additional term of not to exceed 100 years. (2) Authority of the secretary over tribal water leasing regulations \n(A) In general \nThe Secretary shall have the authority to approve or disapprove any Tribal water leasing regulations issued in accordance with paragraph (1). (B) Considerations for approval \nThe Secretary shall approve any Tribal water leasing regulations issued in accordance with paragraph (1) if the Tribal water leasing regulations— (i) provide for an environmental review process that includes— (I) the identification and evaluation of any significant effects of the proposed action on the environment; and (II) a process for ensuring that— (aa) the public is informed of, and has a reasonable opportunity to comment on, any significant environmental impacts of the proposed action identified by the Fort Belknap Indian Community; and (bb) the Fort Belknap Indian Community provides responses to relevant and substantive public comments on those impacts prior to its approval of a water lease; and (ii) are consistent with this division and the Compact. (3) Review process \n(A) In general \nNot later than 120 days after the date on which Tribal water leasing regulations under paragraph (1) are submitted to the Secretary, the Secretary shall review and approve or disapprove the regulations. (B) Written documentation \nIf the Secretary disapproves the Tribal water leasing regulations described in subparagraph (A), the Secretary shall include written documentation with the disapproval notification that describes the basis for this disapproval. (C) Extension \nThe deadline described in subparagraph (A) may be extended by the Secretary, after consultation with the Fort Belknap Indian Community. (4) Federal environmental review \nNotwithstanding paragraphs (2) and (3), if the Fort Belknap Indian Community carries out a project or activity funded by a Federal agency, the Fort Belknap Indian Community— (A) shall have the authority to rely on the environmental review process of the applicable Federal agency; and (B) shall not be required to carry out a tribal environmental review process under this subsection. (5) Documentation \nIf the Fort Belknap Indian Community issues a lease pursuant to Tribal water leasing regulations under paragraph (1), the Fort Belknap Indian Community shall provide the Secretary and the State a copy of the lease, including any amendments or renewals to the lease. (6) Limitation of liability \n(A) In general \nThe United States shall not be liable in any claim relating to the negotiation, execution, or approval of any lease or exchange agreement or storage agreement, including any claims relating to the terms included in such an agreement, made pursuant to Tribal water leasing regulations under paragraph (1). (B) Obligations \nThe United States shall have no trust obligation or other obligation to monitor, administer, or account for— (i) any funds received by the Fort Belknap Indian Community as consideration under any lease or exchange agreement or storage agreement; or (ii) the expenditure of those funds. (g) Tribal water code \n(1) In general \nNotwithstanding Article IV.A.2. of the Compact, not later than 4 years after the date on which the Fort Belknap Indian Community approves the Compact in accordance with section 11011(f)(1), the Fort Belknap Indian Community shall enact a Tribal water code that provides for— (A) the administration, management, regulation, and governance of all uses of the Tribal water rights in accordance with the Compact and this division; and (B) the establishment by the Fort Belknap Indian Community of the conditions, permit requirements, and other requirements for the allocation, distribution, or use of the Tribal water rights in accordance with the Compact and this division. (2) Inclusions \nSubject to the approval of the Secretary, the Tribal water code shall provide— (A) that use of water by allottees shall be satisfied with water from the Tribal water rights; (B) a process by which an allottee may request that the Fort Belknap Indian Community provide water for irrigation use in accordance with this division, including the provision of water under any allottee lease under section 4 of the Act of June 25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403 ); (C) a due process system for the consideration and determination by the Fort Belknap Indian Community of any request of an allottee (or a successor in interest to an allottee) for an allocation of water for irrigation purposes on allotted land, including a process for— (i) appeal and adjudication of any denied or disputed distribution of water; and (ii) resolution of any contested administrative decision; (D) a requirement that any allottee asserting a claim relating to the enforcement of rights of the allottee under the Tribal water code, including to the quantity of water allocated to land of the allottee, shall exhaust all remedies available to the allottee under Tribal law before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4)(B); (E) a process by which an owner of fee land within the boundaries of the Reservation may apply for use of a portion of the Tribal water rights; and (F) a process for the establishment of a controlled Groundwater area and for the management of that area in cooperation with establishment of a contiguous controlled Groundwater area off the Reservation established pursuant to Section B.2. of Article IV of the Compact and State law. (3) Action by secretary \n(A) In general \nDuring the period beginning on the date of enactment of this Act and ending on the date on which a Tribal water code described in paragraphs (1) and (2) is enacted, the Secretary shall administer, with respect to the rights of allottees, the Tribal water rights in accordance with the Compact and this division. (B) Approval \nThe Tribal water code described in paragraphs (1) and (2) shall not be valid unless— (i) the provisions of the Tribal water code required by paragraph (2) are approved by the Secretary; and (ii) each amendment to the Tribal water code that affects a right of an allottee is approved by the Secretary. (C) Approval period \n(i) In general \nThe Secretary shall approve or disapprove the Tribal water code or an amendment to the Tribal water code by not later than 180 days after the date on which the Tribal water code or amendment to the Tribal water code is submitted to the Secretary. (ii) Extensions \nThe deadline described in clause (i) may be extended by the Secretary, after consultation with the Fort Belknap Indian Community. (h) Administration \n(1) No alienation \nThe Fort Belknap Indian Community shall not permanently alienate any portion of the Tribal water rights. (2) Purchases or grants of land from indians \nAn authorization provided by this division for the allocation, distribution, leasing, or other arrangement entered into pursuant to this division shall be considered to satisfy any requirement for authorization of the action required by Federal law. (3) Prohibition on forfeiture \nThe non-use of all or any portion of the Tribal water rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal water rights. (i) Effect \nExcept as otherwise expressly provided in this section, nothing in this division— (1) authorizes any action by an allottee against any individual or entity, or against the Fort Belknap Indian Community, under Federal, State, Tribal, or local law; or (2) alters or affects the status of any action brought pursuant to section 1491(a) of title 28, United States Code. (j) Pick-Sloan missouri river basin program power rates \n(1) In general \nNotwithstanding any other provision of law, the Secretary, in cooperation with the Secretary of Energy, shall make available the Pick-Sloan Missouri River Basin Program irrigation project pumping power rates to the Fort Belknap Indian Community, the Fort Belknap Indian Irrigation Project, and any projects funded under this division. (2) Authorized purposes \nThe power rates made available under paragraph (1) shall be authorized for the purposes of wheeling, administration, and payment of irrigation project pumping power rates, including project use power for gravity power.", "id": "id8ec33eb1516242a38c1ed76972796a6e", "header": "Tribal water rights", "nested": [ { "text": "(a) Confirmation of tribal water rights \n(1) In general \nThe Tribal water rights are ratified, confirmed, and declared to be valid. (2) Use \nAny use of the Tribal water rights shall be subject to the terms and conditions of the Compact and this division. (3) Conflict \nIn the event of a conflict between the Compact and this division, this division shall control.", "id": "id18bed4ac7c7247d7aa8d32455d4c34e3", "header": "Confirmation of tribal water rights", "nested": [], "links": [] }, { "text": "(b) Intent of congress \nIt is the intent of Congress to provide to each allottee benefits that are equivalent to, or exceed, the benefits the allottees possess on the day before the date of enactment of this division, taking into consideration— (1) the potential risks, cost, and time delay associated with litigation that would be resolved by the Compact and this division; (2) the availability of funding under this division and from other sources; (3) the availability of water from the Tribal water rights; and (4) the applicability of section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ), and this division to protect the interests of allottees.", "id": "id4656b15fd26442e98f6b55ef5a0af1eb", "header": "Intent of congress", "nested": [], "links": [ { "text": "25 U.S.C. 381", "legal-doc": "usc", "parsable-cite": "usc/25/381" } ] }, { "text": "(c) Trust status of tribal water rights \nThe Tribal water rights— (1) shall be held in trust by the United States for the use and benefit of the Fort Belknap Indian Community and allottees in accordance with this division; and (2) shall not be subject to loss through non-use, forfeiture, or abandonment.", "id": "id66d72dfd82f847ebac3f76dc1c8409c0", "header": "Trust status of tribal water rights", "nested": [], "links": [] }, { "text": "(d) Allottees \n(1) Applicability of the Act of february 8, 1887 \nThe provisions of section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ), relating to the use of water for irrigation purposes, shall apply to the Tribal water rights. (2) Entitlement to water \nAny entitlement to water of an allottee under Federal law shall be satisfied from the Tribal water rights. (3) Allocations \nAn allottee shall be entitled to a just and equitable allocation of water for irrigation purposes. (4) Claims \n(A) Exhaustion of remedies \nBefore asserting any claim against the United States under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ), or any other applicable law, an allottee shall exhaust remedies available under the Tribal water code or other applicable Tribal law. (B) Action for relief \nAfter the exhaustion of all remedies available under the Tribal water code or other applicable Tribal law, an allottee may seek relief under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 ), or other applicable law. (5) Authority of the secretary \nThe Secretary shall have the authority to protect the rights of allottees in accordance with this section.", "id": "id88efd0bfbad6497ea1a909e810a9dd05", "header": "Allottees", "nested": [], "links": [ { "text": "25 U.S.C. 381", "legal-doc": "usc", "parsable-cite": "usc/25/381" }, { "text": "25 U.S.C. 381", "legal-doc": "usc", "parsable-cite": "usc/25/381" }, { "text": "25 U.S.C. 381", "legal-doc": "usc", "parsable-cite": "usc/25/381" } ] }, { "text": "(e) Authority of the fort belknap indian community \n(1) In general \nThe Fort Belknap Indian Community shall have the authority to allocate, distribute, and lease the Tribal water rights for use on the Reservation in accordance with the Compact, this division, and applicable Federal law. (2) Off-reservation use \nThe Fort Belknap Indian Community may allocate, distribute, and lease the Tribal water rights for off-Reservation use in accordance with the Compact, this division, and applicable Federal law— (A) subject to the approval of the Secretary; or (B) pursuant to Tribal water leasing regulations consistent with the requirements of subsection (f). (3) Land leases by allottees \nNotwithstanding paragraph (1), an allottee may lease any interest in land held by the allottee, together with any water right determined to be appurtenant to the interest in land, in accordance with the Tribal water code.", "id": "id97b524d30522483ea772231b9819e49d", "header": "Authority of the fort belknap indian community", "nested": [], "links": [] }, { "text": "(f) Tribal water leasing regulations \n(1) In general \nAt the discretion of the Fort Belknap Indian Community, any water lease of the Fort Belknap Indian Community of the Tribal water rights for use on or off the Reservation shall not require the approval of the Secretary if the lease— (A) is executed under tribal regulations, approved by the Secretary under this subsection; (B) is in accordance with the Compact; and (C) does not exceed a term of 100 years, except that a lease may include an option to renew for 1 additional term of not to exceed 100 years. (2) Authority of the secretary over tribal water leasing regulations \n(A) In general \nThe Secretary shall have the authority to approve or disapprove any Tribal water leasing regulations issued in accordance with paragraph (1). (B) Considerations for approval \nThe Secretary shall approve any Tribal water leasing regulations issued in accordance with paragraph (1) if the Tribal water leasing regulations— (i) provide for an environmental review process that includes— (I) the identification and evaluation of any significant effects of the proposed action on the environment; and (II) a process for ensuring that— (aa) the public is informed of, and has a reasonable opportunity to comment on, any significant environmental impacts of the proposed action identified by the Fort Belknap Indian Community; and (bb) the Fort Belknap Indian Community provides responses to relevant and substantive public comments on those impacts prior to its approval of a water lease; and (ii) are consistent with this division and the Compact. (3) Review process \n(A) In general \nNot later than 120 days after the date on which Tribal water leasing regulations under paragraph (1) are submitted to the Secretary, the Secretary shall review and approve or disapprove the regulations. (B) Written documentation \nIf the Secretary disapproves the Tribal water leasing regulations described in subparagraph (A), the Secretary shall include written documentation with the disapproval notification that describes the basis for this disapproval. (C) Extension \nThe deadline described in subparagraph (A) may be extended by the Secretary, after consultation with the Fort Belknap Indian Community. (4) Federal environmental review \nNotwithstanding paragraphs (2) and (3), if the Fort Belknap Indian Community carries out a project or activity funded by a Federal agency, the Fort Belknap Indian Community— (A) shall have the authority to rely on the environmental review process of the applicable Federal agency; and (B) shall not be required to carry out a tribal environmental review process under this subsection. (5) Documentation \nIf the Fort Belknap Indian Community issues a lease pursuant to Tribal water leasing regulations under paragraph (1), the Fort Belknap Indian Community shall provide the Secretary and the State a copy of the lease, including any amendments or renewals to the lease. (6) Limitation of liability \n(A) In general \nThe United States shall not be liable in any claim relating to the negotiation, execution, or approval of any lease or exchange agreement or storage agreement, including any claims relating to the terms included in such an agreement, made pursuant to Tribal water leasing regulations under paragraph (1). (B) Obligations \nThe United States shall have no trust obligation or other obligation to monitor, administer, or account for— (i) any funds received by the Fort Belknap Indian Community as consideration under any lease or exchange agreement or storage agreement; or (ii) the expenditure of those funds.", "id": "id119da8516414410c86000e35f59594b8", "header": "Tribal water leasing regulations", "nested": [], "links": [] }, { "text": "(g) Tribal water code \n(1) In general \nNotwithstanding Article IV.A.2. of the Compact, not later than 4 years after the date on which the Fort Belknap Indian Community approves the Compact in accordance with section 11011(f)(1), the Fort Belknap Indian Community shall enact a Tribal water code that provides for— (A) the administration, management, regulation, and governance of all uses of the Tribal water rights in accordance with the Compact and this division; and (B) the establishment by the Fort Belknap Indian Community of the conditions, permit requirements, and other requirements for the allocation, distribution, or use of the Tribal water rights in accordance with the Compact and this division. (2) Inclusions \nSubject to the approval of the Secretary, the Tribal water code shall provide— (A) that use of water by allottees shall be satisfied with water from the Tribal water rights; (B) a process by which an allottee may request that the Fort Belknap Indian Community provide water for irrigation use in accordance with this division, including the provision of water under any allottee lease under section 4 of the Act of June 25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403 ); (C) a due process system for the consideration and determination by the Fort Belknap Indian Community of any request of an allottee (or a successor in interest to an allottee) for an allocation of water for irrigation purposes on allotted land, including a process for— (i) appeal and adjudication of any denied or disputed distribution of water; and (ii) resolution of any contested administrative decision; (D) a requirement that any allottee asserting a claim relating to the enforcement of rights of the allottee under the Tribal water code, including to the quantity of water allocated to land of the allottee, shall exhaust all remedies available to the allottee under Tribal law before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4)(B); (E) a process by which an owner of fee land within the boundaries of the Reservation may apply for use of a portion of the Tribal water rights; and (F) a process for the establishment of a controlled Groundwater area and for the management of that area in cooperation with establishment of a contiguous controlled Groundwater area off the Reservation established pursuant to Section B.2. of Article IV of the Compact and State law. (3) Action by secretary \n(A) In general \nDuring the period beginning on the date of enactment of this Act and ending on the date on which a Tribal water code described in paragraphs (1) and (2) is enacted, the Secretary shall administer, with respect to the rights of allottees, the Tribal water rights in accordance with the Compact and this division. (B) Approval \nThe Tribal water code described in paragraphs (1) and (2) shall not be valid unless— (i) the provisions of the Tribal water code required by paragraph (2) are approved by the Secretary; and (ii) each amendment to the Tribal water code that affects a right of an allottee is approved by the Secretary. (C) Approval period \n(i) In general \nThe Secretary shall approve or disapprove the Tribal water code or an amendment to the Tribal water code by not later than 180 days after the date on which the Tribal water code or amendment to the Tribal water code is submitted to the Secretary. (ii) Extensions \nThe deadline described in clause (i) may be extended by the Secretary, after consultation with the Fort Belknap Indian Community.", "id": "id123712da892f4ac7aac882026642678e", "header": "Tribal water code", "nested": [], "links": [ { "text": "25 U.S.C. 403", "legal-doc": "usc", "parsable-cite": "usc/25/403" } ] }, { "text": "(h) Administration \n(1) No alienation \nThe Fort Belknap Indian Community shall not permanently alienate any portion of the Tribal water rights. (2) Purchases or grants of land from indians \nAn authorization provided by this division for the allocation, distribution, leasing, or other arrangement entered into pursuant to this division shall be considered to satisfy any requirement for authorization of the action required by Federal law. (3) Prohibition on forfeiture \nThe non-use of all or any portion of the Tribal water rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal water rights.", "id": "id776e8edb8ebe451da4e9b754b5d8965f", "header": "Administration", "nested": [], "links": [] }, { "text": "(i) Effect \nExcept as otherwise expressly provided in this section, nothing in this division— (1) authorizes any action by an allottee against any individual or entity, or against the Fort Belknap Indian Community, under Federal, State, Tribal, or local law; or (2) alters or affects the status of any action brought pursuant to section 1491(a) of title 28, United States Code.", "id": "id607eea87c8d541688c93a94f1be26672", "header": "Effect", "nested": [], "links": [] }, { "text": "(j) Pick-Sloan missouri river basin program power rates \n(1) In general \nNotwithstanding any other provision of law, the Secretary, in cooperation with the Secretary of Energy, shall make available the Pick-Sloan Missouri River Basin Program irrigation project pumping power rates to the Fort Belknap Indian Community, the Fort Belknap Indian Irrigation Project, and any projects funded under this division. (2) Authorized purposes \nThe power rates made available under paragraph (1) shall be authorized for the purposes of wheeling, administration, and payment of irrigation project pumping power rates, including project use power for gravity power.", "id": "id5cc86aec957847a69a8c0db6f960606f", "header": "Pick-Sloan missouri river basin program power rates", "nested": [], "links": [] } ], "links": [ { "text": "25 U.S.C. 381", "legal-doc": "usc", "parsable-cite": "usc/25/381" }, { "text": "25 U.S.C. 381", "legal-doc": "usc", "parsable-cite": "usc/25/381" }, { "text": "25 U.S.C. 381", "legal-doc": "usc", "parsable-cite": "usc/25/381" }, { "text": "25 U.S.C. 381", "legal-doc": "usc", "parsable-cite": "usc/25/381" }, { "text": "25 U.S.C. 403", "legal-doc": "usc", "parsable-cite": "usc/25/403" } ] }, { "text": "11006. Exchange and transfer of land \n(a) Exchange of eligible land and State land \n(1) Definitions \nIn this subsection: (A) Eligible land \nThe term eligible land means— (i) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )) that are administered by the Secretary, acting through the Director of the Bureau of Land Management; and (ii) land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ) that is administered by the Secretary of Agriculture, acting through the Chief of the Forest Service. (B) Secretary concerned \nThe term Secretary concerned means, as applicable— (i) the Secretary, with respect to the eligible land administered by the Bureau of Land Management; and (ii) the Secretary of Agriculture, with respect to eligible land managed by the Forest Service. (2) Negotiations authorized \n(A) In general \nThe Secretary concerned shall offer to enter into negotiations with the State for the purpose of exchanging eligible land described in paragraph (4) for the State land described in paragraph (3). (B) Requirements \nAny exchange of land made pursuant to this subsection shall be subject to the terms and conditions of this subsection. (C) Priority \n(i) In general \nIn carrying out this paragraph, the Secretary and the Secretary of Agriculture shall, during the 5-year period beginning on the date of enactment of this Act, give priority to an exchange of eligible land located within the State for State land. (ii) Secretary of Agriculture \nThe responsibility of the Secretary of Agriculture under clause (i), during the 5-year period described in that clause, shall be limited to negotiating with the State an acceptable package of land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) )). (3) State land \nThe Secretary is authorized to accept the following parcels of State land located on and off the Reservation: (A) 717.56 acres in T. 26 N., R. 22 E., sec. 16. (B) 707.04 acres in T. 27 N., R. 22 E., sec. 16. (C) 640 acres in T. 27 N., R. 21 E., sec. 36. (D) 640 acres in T. 26 N., R. 23 E., sec. 16. (E) 640 acres in T. 26 N., R. 23 E., sec. 36. (F) 640 acres in T. 26 N., R. 26 E., sec. 16. (G) 640 acres in T. 26 N., R. 22 E., sec. 36. (H) 640 acres in T. 27 N., R. 23 E., sec. 16. (I) 640 acres in T. 27 N., R. 25 E., sec. 36. (J) 640 acres in T. 28 N., R. 22 E., sec. 36. (K) 640 acres in T. 28 N., R. 23 E., sec. 16. (L) 640 acres in T. 28 N., R. 24 E., sec. 36. (M) 640 acres in T. 28 N., R. 25 E., sec. 16. (N) 640 acres in T. 28 N., R. 25 E., sec. 36. (O) 640 acres in T. 28 N., R. 26 E., sec. 16. (P) 94.96 acres in T. 28 N., R. 26 E., sec. 36, under lease by the Fort Belknap Indian Community Council on the date of enactment of this Act, comprised of— (i) 30.68 acres in lot 5; (ii) 26.06 acres in lot 6; (iii) 21.42 acres in lot 7; and (iv) 16.8 acres in lot 8. (Q) 652.32 acres in T. 29 N., R. 22 E., sec. 16, excluding the 73.36 acres under lease by individuals who are not members of the Fort Belknap Indian Community, on the date of enactment of this Act. (R) 640 acres in T. 29 N., R. 22 E., sec. 36. (S) 640 acres in T. 29 N., R. 23 E., sec. 16. (T) 640 acres in T. 29 N., R. 24 E., sec. 16. (U) 640 acres in T. 29 N., R. 24 E., sec. 36. (V) 640 acres in T. 29 N., R. 25 E., sec. 16. (W) 640 acres in T. 29 N., R. 25 E., sec. 36. (X) 640 acres in T. 29 N., R. 26 E., sec. 16. (Y) 663.22 acres in T. 30 N., R. 22 E., sec. 16, excluding the 58.72 acres under lease by individuals who are not members of the Fort Belknap Indian Community on the date of enactment of this Act. (Z) 640 acres in T. 30 N., R. 22 E., sec. 36. (AA) 640 acres in T. 30 N., R. 23 E., sec. 16. (BB) 640 acres in T. 30 N., R. 23 E., sec. 36. (CC) 640 acres in T. 30 N., R. 24 E., sec. 16. (DD) 640 acres in T. 30 N., R. 24 E., sec. 36. (EE) 640 acres in T. 30 N., R. 25 E., sec. 16. (FF) 275.88 acres in T. 30 N., R. 26 E., sec. 36, under lease by the Fort Belknap Indian Community Council on the date of enactment of this Act. (GG) 640 acres in T. 31 N., R. 22 E., sec. 36. (HH) 640 acres in T. 31 N., R. 23 E., sec. 16. (II) 640 acres in T. 31 N., R. 23 E., sec. 36. (JJ) 34.04 acres in T. 31 N., R. 26 E., sec. 16, lot 4. (KK) 640 acres in T. 25 N., R. 22 E., sec. 16. (4) Eligible land \n(A) In general \nSubject to valid existing rights, the reservation of easements or rights-of-way deemed necessary to be retained by the Secretary concerned, and the requirements of this subsection, the Secretary is authorized and directed to convey to the State any eligible land within the State identified in the negotiations authorized by paragraph (2) and agreed to by the Secretary concerned. (B) Exceptions \nThe Secretary concerned shall exclude from any conveyance any parcel of eligible land that is— (i) included within the National Landscape Conservation System established by section 2002(a) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7202(a) ), without regard to whether that land has been identified as available for disposal in a land use plan; (ii) designated as wilderness by Congress; (iii) within a component of the National Wild and Scenic Rivers System; or (iv) designated in the Forest Land and Resource Management Plan as a Research Natural Area. (C) Administrative responsibility \nThe Secretary shall be responsible for meeting all substantive and any procedural requirements necessary to complete the exchange and the conveyance of the eligible land. (5) Land into trust \nOn completion of the land exchange authorized by this subsection, the Secretary shall, as soon as practicable after the enforceability date, take the land received by the United States pursuant to this subsection into trust for the benefit of the Fort Belknap Indian Community. (6) Terms and conditions \n(A) Equal value \nThe values of the eligible land and State land exchanged under this subsection shall be equal, except that the Secretary concerned may— (i) exchange land that is of approximately equal value if such an exchange complies with the requirements of section 206(h) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(h) ) (and any regulations implementing that section) without regard to the monetary limitation described in paragraph (1)(A) of that section; and (ii) make or accept an equalization payment, or waive an equalization payment, if such a payment or waiver of a payment complies with the requirements of section 206(b) of that Act ( 43 U.S.C. 1716(b) ) (and any regulations implementing that section). (B) Impacts on local governments \nIn identifying eligible land to be exchanged with the State, the Secretary concerned and the State may— (i) consider the financial impacts of exchanging specific eligible land on local governments; and (ii) attempt to minimize the financial impact of the exchange on local governments. (C) Existing authorizations \n(i) Eligible land conveyed to the state \n(I) In general \nAny eligible land conveyed to the State under this subsection shall be subject to any valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. (II) Assumption by State \nThe State shall assume all benefits and obligations of the Forest Service or the Bureau of Land Management, as applicable, under the existing rights, contracts, leases, permits, and rights-of-way described in subclause (I). (ii) State land conveyed to the united states \n(I) In general \nAny State land conveyed to the United States under this subsection and taken into trust for the benefit of the Fort Belknap Indian Community subject shall be to any valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. (II) Assumption by Bureau of Indian Affairs \nThe Bureau of Indian Affairs shall— (aa) assume all benefits and obligations of the State under the existing rights, contracts, leases, permits, and rights-of-way described in subclause (I); and (bb) disburse to the Fort Belknap Indian Community any amounts that accrue to the United States from those rights, contracts, leases, permits, and rights-of-way, after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the benefit of the Fort Belknap Indian Community. (D) Personal property \n(i) In general \nAny improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on land transferred to the United States under this subsection shall— (I) remain the property of the holder; and (II) be removed not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Fort Belknap Indian Community and the holder agree otherwise. (ii) Remaining property \nAny personal property described in clause (i) remaining with the holder described in that clause beyond the 90-day period described in subclause (II) of that clause shall— (I) become the property of the Fort Belknap Indian Community; and (II) be subject to removal and disposition at the discretion of the Fort Belknap Indian Community. (iii) Liability of previous holder \nThe holder of personal property described in clause (i) shall be liable for costs incurred by the Fort Belknap Indian Community in removing and disposing of the personal property under clause (ii)(II). (7) Technical corrections \nNotwithstanding the descriptions of the parcels of land owned by the State under paragraph (3), the State may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the State parcels to be exchanged. (8) Assistance \nThe Secretary shall provide $10,000,000 of financial or other assistance to the State and the Fort Belknap Indian Community as may be necessary to obtain the appraisals, and to satisfy administrative requirements, necessary to accomplish the exchanges under paragraph (2). (b) Federal land transfers \n(1) In general \nSubject to valid existing rights and the requirements of this subsection, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be held by the United States in trust for the benefit of the Fort Belknap Indian Community as part of the Reservation on the enforceability date. (2) Federal land \n(A) Bureau of land management parcels \n(i) 59.46 acres in T. 25 N., R. 22 E., sec. 4, comprised of— (I) 19.55 acres in lot 10; (II) 19.82 acres in lot 11; and (III) 20.09 acres in lot 16. (ii) 324.24 acres in the N 1⁄2 of T. 25 N., R. 22 E., sec. 5. (iii) 403.56 acres in T. 25 N., R. 22 E., sec. 9, comprised of— (I) 20.39 acres in lot 2; (II) 20.72 acres in lot 7; (III) 21.06 acres in lot 8; (IV) 40.00 acres in lot 9; (V) 40.00 acres in lot 10; (VI) 40.00 acres in lot 11; (VII) 40.00 acres in lot 12; (VIII) 21.39 acres in lot 13; and (IX) 160 acres in SW 1/4. (iv) 70.63 acres in T. 25 N., R. 22 E., sec. 13, comprised of— (I) 18.06 acres in lot 5; (II) 18.25 acres in lot 6; (III) 18.44 acres in lot 7; and (IV) 15.88 acres in lot 8. (v) 71.12 acres in T. 25 N., R. 22 E., sec. 14, comprised of— (I) 17.65 acres in lot 5; (II) 17.73 acres in lot 6; (III) 17.83 acres in lot 7; and (IV) 17.91 acres in lot 8. (vi) 103.29 acres in T. 25 N., R. 22 E., sec. 15, comprised of— (I) 21.56 acres in lot 6; (II) 29.50 acres in lot 7; (III) 17.28 acres in lot 8; (IV) 17.41 acres in lot 9; and (V) 17.54 acres in lot 10. (vii) 160 acres in T. 26 N., R. 21 E., sec. 1, comprised of— (I) 80 acres in the S 1⁄2 of the NW 1⁄4 ; and (II) 80 acres in the W 1⁄2 of the SW 1⁄4. (viii) 567.50 acres in T. 26 N., R. 21 E., sec. 2, comprised of— (I) 82.54 acres in the E 1⁄2 of the NW 1⁄4 ; (II) 164.96 acres in the NE 1⁄4 ; and (III) 320 acres in the S 1⁄2. (ix) 240 acres in T. 26 N., R. 21 E., sec. 3, comprised of— (I) 40 acres in the SE 1⁄4 of the NW 1⁄4 ; (II) 160 acres in the SW 1⁄4 ; and (III) 40 acres in the SW 1⁄4 of the SE 1⁄4. (x) 120 acres in T. 26 N., R. 21 E., sec. 4, comprised of— (I) 80 acres in the E 1⁄2 of the SE 1⁄4 ; and (II) 40 acres in the NW 1⁄4 of the SE 1⁄4. (xi) 200 acres in T. 26 N., R. 21 E., sec. 5, comprised of— (I) 160 acres in the SW 1⁄4 ; and (II) 40 acres in the SW 1⁄4 of the NW 1⁄4. (xii) 40 acres in the SE 1⁄4 of the SE 1⁄4 of T. 26 N., R. 21 E., sec. 6. (xiii) 240 acres in T. 26 N., R. 21 E., sec. 8, comprised of— (I) 40 acres in the NE 1⁄4 of the SW 1⁄4 ; (II) 160 acres in the NW 1⁄4 ; and (III) 40 acres in the NW 1⁄4 of the SE 1⁄4. (xiv) 320 acres in the E 1⁄2 of T. 26 N., R. 21 E., sec. 9. (xv) 640 acres in T. 26 N., R. 21 E., sec. 10. (xvi) 600 acres in T. 26 N., R. 21 E., sec. 11, comprised of— (I) 320 acres in the N 1⁄2 ; (II) 80 acres in the N 1⁄2 of the SE 1⁄4 ; (III) 160 acres in the SW 1⁄4 ; and (IV) 40 acres in the SW 1⁄4 of the SE 1⁄4. (xvii) 525.81 acres in T. 26 N., R. 22 E., sec. 21, comprised of— (I) 6.62 acres in lot 1; (II) 5.70 acres in lot 2; (III) 56.61 acres in lot 5; (IV) 56.88 acres in lot 6; (V) 320 acres in the W 1/2 ; and (VI) 80 acres in the W 1/2 of the SE 1/4. (xviii) 719.58 acres in T. 26 N., R. 22 E., sec. 28. (xix) 560 acres in T. 26 N., R. 22 E., sec. 29, comprised of— (I) 320 acres in the N 1⁄2 ; (II) 160 acres in the N 1⁄2 of the S 1⁄2 ; and (III) 80 acres in the S 1⁄2 of the SE 1⁄4. (xx) 400 acres in T. 26 N., R. 22 E., sec. 32, comprised of— (I) 320 acres in the S 1⁄2 ; and (II) 80 acres in the S 1⁄2 of the NW 1⁄4. (xxi) 455.51 acres in T. 26 N., R. 22 E., sec. 33, comprised of— (I) 58.25 acres in lot 3; (II) 58.5 acres in lot 4; (III) 58.76 acres in lot 5; (IV) 40 acres in the NW 1⁄4 of the NE 1⁄4 ; (V) 160 acres in the SW 1⁄4 ; and (VI) 80 acres in the W 1⁄2 of the SE 1⁄4. (xxii) 88.71 acres in T. 27 N., R. 21 E., sec. 1, comprised of— (I) 24.36 acres in lot 1; (II) 24.35 acres in lot 2; and (III) 40 acres in the SW 1⁄4 of the SW 1⁄4. (xxiii) 80 acres in T. 27 N., R. 21 E., sec. 3, comprised of— (I) 40 acres in lot 11; and (II) 40 acres in lot 12. (xxiv) 80 acres in T. 27 N., R. 21 E., sec. 11, comprised of— (I) 40 acres in the NW 1⁄4 of the SW 1⁄4 ; and (II) 40 acres in the SW 1⁄4 of the NW 1⁄4. (xxv) 200 acres in T. 27 N., R. 21 E., sec. 12, comprised of— (I) 80 acres in the E 1⁄2 of the SW 1⁄4 ; (II) 40 acres in the NW 1⁄4 of the NW 1⁄4 ; and (III) 80 acres in the S 1⁄2 of the NW 1⁄4. (xxvi) 40 acres in the SE 1⁄4 of the NE 1⁄4 of T. 27 N., R. 21 E., sec. 23. (xxvii) 320 acres in T. 27 N., R. 21 E., sec. 24, comprised of— (I) 80 acres in the E 1⁄2 of the NW 1⁄4 ; (II) 160 acres in the NE 1⁄4 ; (III) 40 acres in the NE 1⁄4 of the SE 1⁄4 ; and (IV) 40 acres in the SW 1⁄4 of the SW 1⁄4. (xxviii) 120 acres in T. 27 N., R. 21 E., sec. 25, comprised of— (I) 80 acres in the S 1⁄2 of the NE 1⁄4 ; and (II) 40 acres in the SE 1⁄4 of the NW 1⁄4. (xxix) 40 acres in the NE 1⁄4 of the SE 1⁄4 of T. 27 N., R. 21 E., sec. 26. (xxx) 160 acres in the NW 1⁄4 of T. 27 N., R. 21 E., sec. 27. (xxxi) 40 acres in the SW 1⁄4 of the SW 1⁄4 of T. 27 N., R. 21 E., sec. 29. (xxxii) 40 acres in the SW 1⁄4 of the NE 1⁄4 of T. 27 N., R. 21 E., sec 30. (xxxiii) 120 acres in T. 27 N., R. 21 E., sec. 33, comprised of— (I) 40 acres in the SE 1⁄4 of the NE 1⁄4 ; and (II) 80 acres in the N 1⁄2 of the SE 1⁄4. (xxxiv) 440 acres in T. 27 N., R. 21 E., sec. 34, comprised of— (I) 160 acres in the N 1⁄2 of the S 1⁄2 ; (II) 160 acres in the NE 1⁄4 ; (III) 80 acres in the S 1⁄2 of the NW 1⁄4 ; and (IV) 40 acres in the SE 1⁄4 of the SE 1⁄4. (xxxv) 133.44 acres in T. 27 N., R. 22 E., sec. 4, comprised of— (I) 28.09 acres in lot 5; (II) 25.35 acres in lot 6; (III) 40 acres in lot 10; and (IV) 40 acres in lot 15. (xxxvi) 160 acres in T. 27 N., R. 22 E., sec. 7, comprised of— (I) 40 acres in the NE 1⁄4 of the NE 1/4 ; (II) 40 acres in the NW 1⁄4 of the SW 1⁄4 ; and (III) 80 acres in the W 1⁄2 of the NW 1⁄4. (xxxvii) 120 acres in T. 27 N., R. 22 E., sec. 8, comprised of— (I) 80 acres in the E 1⁄2 of the NW 1⁄4 ; and (II) 40 acres in the NE 1⁄4 of the SW 1⁄4. (xxxviii) 40 acres in the SW 1⁄4 of the NW 1⁄4 of T. 27 N., R. 22 E., sec. 9. (xxxix) 40 acres in the NE 1⁄4 of the SW 1⁄4 of T. 27 N., R. 22 E., sec. 17. (xl) 40 acres in the NW 1⁄4 of the NW 1⁄4 of T. 27 N., R. 22 E., sec. 19. (xli) 40 acres in the SE 1⁄4 of the NW 1⁄4 of T. 27 N., R22 E., sec. 20. (xlii) 80 acres in the W 1⁄2 of the SE 1⁄4 of T. 27 N., R. 22 E., sec. 31. (xliii) 52.36 acres in the SE 1⁄4 of the SE 1⁄4 of T. 27 N., R. 22 E., sec. 33. (xliv) 40 acres in the NE 1⁄4 of the SW 1⁄4 of T. 28 N., R. 22 E., sec. 29. (xlv) 40 acres in the NE 1⁄4 of the NE 1⁄4 of T. 26 N., R. 21 E., sec. 7. (xlvi) 40 acres in the SW 1⁄4 of the NW 1⁄4 of T. 26 N., R. 21 E., sec. 12. (xlvii) 42.38 acres in the NW 1⁄4 of the NE 1⁄4 of T. 26 N., R. 22 E., sec. 6. (xlviii) 320 acres in the E 1⁄2 of T. 26 N., R. 22 E., sec. 17. (xlix) 80 acres in the E 1⁄2 of the NE 1⁄4 of T. 26 N., R. 22 E., sec. 20. (l) 240 acres in T. 26 N., R. 22 E., sec. 30, comprised of— (I) 80 acres in the E 1⁄2 of the NE 1⁄4 ; (II) 80 acres in the N 1⁄2 of the SE 1⁄4 ; (III) 40 acres in the SE 1⁄4 of the NW 1⁄4 ; and (IV) 40 acres in the SW 1⁄4 of the NE 1⁄4. (B) Bureau of indian affairs \nThe parcels of approximately 3,519.3 acres of trust land that have been converted to fee land, judicially foreclosed on, acquired by the Department of Agriculture, and transferred to the Bureau of Indian Affairs, described in clauses (i) through (iii). (i) Parcel 1 \nThe land described in this clause is 640 acres in T. 29 N., R. 26 E., comprised of— (I) 160 acres in the SW¼ of sec. 27; (II) 160 acres in the NE¼ of sec. 33; and (III) 320 acres in the W½ of sec. 34. (ii) Parcel 2 \nThe land described in this clause is 320 acres in the N½ of T. 30 N., R. 23 E., sec. 28. (iii) Parcel 3 \nThe land described in this clause is 2,559.3 acres, comprised of— (I) T. 28 N., R. 24 E., including— (aa) of sec. 16— (AA) 5 acres in the E 1/2 , W 1/2 , E 1/2 , W 1/2 , W 1/2 , NE 1/4 ; (BB) 10 acres in the E 1/2 , E 1/2 , W 1/2 , W 1/2 , NE 1/4 ; (CC) 40 acres in the E 1/2 , W 1/2 , NE 1/4 ; (DD) 40 acres in the W 1/2 , E 1/2 , NE 1/4 ; (EE) 20 acres in the W 1/2 , E 1/2 , E 1/2 , NE 1/4 ; (FF) 5 acres in the W 1/2 , W 1/2 , E 1/2 , E 1/2 , E 1/2 , NE 1/4 ; and (GG) 160 acres in the SE 1/4 ; (bb) 640 acres in sec. 21; (cc) 320 acres in the S 1/2 of sec. 22; and (dd) 320 acres in the W 1/2 of sec. 27; (II) T. 29 N., R. 25 E., PMM, including— (aa) 320 acres in the S 1/2 of sec. 1; and (bb) 320 acres in the N 1/2 of sec. 12; (III) 39.9 acres in T. 29 N., R. 26 E., PMM, sec. 6, lot 2; (IV) T. 30 N., R. 26 E., PMM, including— (aa) 39.4 acres in sec. 3, lot 2; (bb) 40 acres in the SW 1/4 of the SW 1/4 of sec. 4; (cc) 80 acres in the E 1/2 of the SE 1/4 of sec. 5; (dd) 80 acres in the S 1/2 of the SE 1/4 of sec. 7; and (ee) 40 acres in the N 1/2 , N 1/2 , NE 1/4 of sec. 18; and (V) 40 acres in T. 31 N., R. 26 E., PMM, the NW 1/4 of the SE 1/4 of sec. 31. (3) Terms and conditions \n(A) Existing authorizations \n(i) In general \nFederal land transferred under this subsection shall be conveyed and taken into trust subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, and rights-of-way requests an earlier termination in accordance with existing law. (ii) Assumption by Bureau of Indian Affairs \nThe Bureau of Indian Affairs shall— (I) assume all benefits and obligations of the previous land management agency under the existing rights, contracts, leases, permits, and rights-of-way described in clause (i); and (II) disburse to the Fort Belknap Indian Community any amounts that accrue to the United States from those rights, contracts, leases, permits, and rights-of-ways after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Fort Belknap Indian Community. (B) Personal property \n(i) In general \nAny improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on land transferred under this subsection shall— (I) remain the property of the holder; and (II) be removed from the land not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Fort Belknap Indian Community and the holder agree otherwise. (ii) Remaining property \nAny personal property described in clause (i) remaining with the holder described in that clause beyond the 90-day period described in subclause (II) of that clause shall— (I) become the property of the Fort Belknap Indian Community; and (II) be subject to removal and disposition at the discretion of the Fort Belknap Indian Community. (iii) Liability of previous holder \nThe holder of personal property described in clause (i) shall be liable to the Fort Belknap Indian Community for costs incurred by the Fort Belknap Indian Community in removing and disposing of the property under clause (ii)(II). (C) Existing roads \nIf any road within the Federal land transferred under this subsection is necessary for customary access to private land, the Bureau of Indian Affairs shall offer the owner of the private land to apply for a right-of-way along the existing road, at the expense of the landowner. (D) Limitation on the transfer of water rights \nWater rights that transfer with the land described in paragraph (2) shall not become part of the Tribal water rights, unless those rights are recognized and ratified in the Compact. (4) Withdrawal of Federal land \n(A) In general \nSubject to valid existing rights, effective on the date of enactment of this Act, all Federal land within the parcels described in paragraph (2) is withdrawn from all forms of— (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (B) Expiration \nThe withdrawals pursuant to subparagraph (A) shall terminate on the date that the Secretary takes the land into trust for the benefit of the Fort Belknap Indian Community pursuant to paragraph (1). (C) No new reservation of Federal water rights \nNothing in this paragraph establishes a new reservation in favor of the United States or the Fort Belknap Indian Community with respect to any water or water right on the land withdrawn by this paragraph. (5) Technical corrections \nNotwithstanding the descriptions of the parcels of Federal land in paragraph (2), the United States may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the parcels. (6) Survey \n(A) In general \nUnless the United States or the Fort Belknap Indian Community request an additional survey for the transferred land or a technical correction is made under paragraph (5), the description of land under this subsection shall be controlling. (B) Additional survey \nIf the United States or the Fort Belknap Indian Community requests an additional survey, that survey shall control the total acreage to be transferred into trust under this subsection. (C) Assistance \nThe Secretary shall provide such financial or other assistance as may be necessary— (i) to conduct additional surveys under this subsection; and (ii) to satisfy administrative requirements necessary to accomplish the land transfers under this subsection. (7) Date of transfer \nThe Secretary shall complete all land transfers under this subsection and shall take the land into trust for the benefit of the Fort Belknap Indian Community as expeditiously as practicable after the enforceability date, but not later than 10 years after the enforceability date. (c) Tribally owned fee land \nNot later than 10 years after the enforceability date, the Secretary shall take into trust for the benefit of the Fort Belknap Indian Community all fee land owned by the Fort Belknap Indian Community on or adjacent to the Reservation to become part of the Reservation, provided that— (1) the land is free from any liens, encumbrances, or other infirmities; and (2) no evidence exists of any hazardous substances on, or other environmental liability with respect to, the land. (d) Dodson land \n(1) In general \nSubject to paragraph (2), as soon as practicable after the enforceability date, but not later than 10 years after the enforceability date, the Dodson Land described in paragraph (3) shall be taken into trust by the United States for the benefit of the Fort Belknap Indian Community as part of the Reservation. (2) Restrictions \nThe land taken into trust under paragraph (1) shall be subject to a perpetual easement, reserved by the United States for use by the Bureau of Reclamation, its contractors, and its assigns for— (A) the right of ingress and egress for Milk River Project purposes; (B) the right to— (i) seep, flood, and overflow the transferred land for Milk River Project purposes; (ii) conduct routine and non-routine operation, maintenance, and replacement activities on the Milk River Project facilities, including modification to the headworks at the upstream end of the Dodson South Canal in support of Dodson South Canal enlargement, to include all associated access, construction, and material storage necessary to complete those activities; and (iii) prohibit the construction of permanent structures on the transferred land, except— (I) as provided in the cooperative agreement under paragraph (4); and (II) to meet the requirements of the Milk River Project. (3) Description of Dodson land \n(A) In general \nThe Dodson Land referred to in paragraphs (1) and (2) is the approximately 2,500 acres of land owned by the United States that is, as of the date of enactment of this Act, under the jurisdiction of the Bureau of Reclamation and located at the northeastern corner of the Reservation (which extends to the point in the middle of the main channel of the Milk River), where the Milk River Project facilities, including the Dodson Diversion Dam, headworks to the Dodson South Canal, and Dodson South Canal, are located, and more particularly described as follows: (i) Supplemental Plat of T. 30 N., R. 26 E., PMM, secs. 1 and 2. (ii) Supplemental Plat of T. 31 N., R. 25 E., PMM, sec. 13. (iii) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 18, 19, 20, and 29. (iv) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 26, 27, 35, and 36. (B) Clarification \nThe supplemental plats described in clauses (i) through (iv) of subparagraph (A) are official plats, as documented by retracement boundary surveys of the General Land Office, approved on March 11, 1938, and on record at the Bureau of Land Management. (C) Technical corrections \nNotwithstanding the descriptions of the parcels of Federal land in subparagraph (A), the United States may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the parcels to be transferred. (4) Cooperative agreement \nNot later than 3 years after the enforceability date, the Bureau of Reclamation, the Malta Irrigation District, the Bureau of Indian Affairs, and the Fort Belknap Indian Community shall negotiate and enter into a cooperative agreement that identifies the uses to which the Fort Belknap Indian Community may put the land described in paragraph (3), provided that the cooperative agreement may be amended by mutual agreement of the Fort Belknap Indian Community, Bureau of Reclamation, the Malta Irrigation District, and the Bureau of Indian Affairs, including to modify the perpetual easement to narrow the boundaries of the easement or to terminate the perpetual easement and cooperative agreement. (e) Land status \nAll land held in trust by the United States for the benefit of the Fort Belknap Indian Community under this section shall be— (1) beneficially owned by the Fort Belknap Indian Community; and (2) part of the Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for the benefit of an Indian Tribe.", "id": "id4eacf020d9b94a6da86dabe5e4e5314d", "header": "Exchange and transfer of land", "nested": [ { "text": "(a) Exchange of eligible land and State land \n(1) Definitions \nIn this subsection: (A) Eligible land \nThe term eligible land means— (i) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )) that are administered by the Secretary, acting through the Director of the Bureau of Land Management; and (ii) land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ) that is administered by the Secretary of Agriculture, acting through the Chief of the Forest Service. (B) Secretary concerned \nThe term Secretary concerned means, as applicable— (i) the Secretary, with respect to the eligible land administered by the Bureau of Land Management; and (ii) the Secretary of Agriculture, with respect to eligible land managed by the Forest Service. (2) Negotiations authorized \n(A) In general \nThe Secretary concerned shall offer to enter into negotiations with the State for the purpose of exchanging eligible land described in paragraph (4) for the State land described in paragraph (3). (B) Requirements \nAny exchange of land made pursuant to this subsection shall be subject to the terms and conditions of this subsection. (C) Priority \n(i) In general \nIn carrying out this paragraph, the Secretary and the Secretary of Agriculture shall, during the 5-year period beginning on the date of enactment of this Act, give priority to an exchange of eligible land located within the State for State land. (ii) Secretary of Agriculture \nThe responsibility of the Secretary of Agriculture under clause (i), during the 5-year period described in that clause, shall be limited to negotiating with the State an acceptable package of land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) )). (3) State land \nThe Secretary is authorized to accept the following parcels of State land located on and off the Reservation: (A) 717.56 acres in T. 26 N., R. 22 E., sec. 16. (B) 707.04 acres in T. 27 N., R. 22 E., sec. 16. (C) 640 acres in T. 27 N., R. 21 E., sec. 36. (D) 640 acres in T. 26 N., R. 23 E., sec. 16. (E) 640 acres in T. 26 N., R. 23 E., sec. 36. (F) 640 acres in T. 26 N., R. 26 E., sec. 16. (G) 640 acres in T. 26 N., R. 22 E., sec. 36. (H) 640 acres in T. 27 N., R. 23 E., sec. 16. (I) 640 acres in T. 27 N., R. 25 E., sec. 36. (J) 640 acres in T. 28 N., R. 22 E., sec. 36. (K) 640 acres in T. 28 N., R. 23 E., sec. 16. (L) 640 acres in T. 28 N., R. 24 E., sec. 36. (M) 640 acres in T. 28 N., R. 25 E., sec. 16. (N) 640 acres in T. 28 N., R. 25 E., sec. 36. (O) 640 acres in T. 28 N., R. 26 E., sec. 16. (P) 94.96 acres in T. 28 N., R. 26 E., sec. 36, under lease by the Fort Belknap Indian Community Council on the date of enactment of this Act, comprised of— (i) 30.68 acres in lot 5; (ii) 26.06 acres in lot 6; (iii) 21.42 acres in lot 7; and (iv) 16.8 acres in lot 8. (Q) 652.32 acres in T. 29 N., R. 22 E., sec. 16, excluding the 73.36 acres under lease by individuals who are not members of the Fort Belknap Indian Community, on the date of enactment of this Act. (R) 640 acres in T. 29 N., R. 22 E., sec. 36. (S) 640 acres in T. 29 N., R. 23 E., sec. 16. (T) 640 acres in T. 29 N., R. 24 E., sec. 16. (U) 640 acres in T. 29 N., R. 24 E., sec. 36. (V) 640 acres in T. 29 N., R. 25 E., sec. 16. (W) 640 acres in T. 29 N., R. 25 E., sec. 36. (X) 640 acres in T. 29 N., R. 26 E., sec. 16. (Y) 663.22 acres in T. 30 N., R. 22 E., sec. 16, excluding the 58.72 acres under lease by individuals who are not members of the Fort Belknap Indian Community on the date of enactment of this Act. (Z) 640 acres in T. 30 N., R. 22 E., sec. 36. (AA) 640 acres in T. 30 N., R. 23 E., sec. 16. (BB) 640 acres in T. 30 N., R. 23 E., sec. 36. (CC) 640 acres in T. 30 N., R. 24 E., sec. 16. (DD) 640 acres in T. 30 N., R. 24 E., sec. 36. (EE) 640 acres in T. 30 N., R. 25 E., sec. 16. (FF) 275.88 acres in T. 30 N., R. 26 E., sec. 36, under lease by the Fort Belknap Indian Community Council on the date of enactment of this Act. (GG) 640 acres in T. 31 N., R. 22 E., sec. 36. (HH) 640 acres in T. 31 N., R. 23 E., sec. 16. (II) 640 acres in T. 31 N., R. 23 E., sec. 36. (JJ) 34.04 acres in T. 31 N., R. 26 E., sec. 16, lot 4. (KK) 640 acres in T. 25 N., R. 22 E., sec. 16. (4) Eligible land \n(A) In general \nSubject to valid existing rights, the reservation of easements or rights-of-way deemed necessary to be retained by the Secretary concerned, and the requirements of this subsection, the Secretary is authorized and directed to convey to the State any eligible land within the State identified in the negotiations authorized by paragraph (2) and agreed to by the Secretary concerned. (B) Exceptions \nThe Secretary concerned shall exclude from any conveyance any parcel of eligible land that is— (i) included within the National Landscape Conservation System established by section 2002(a) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7202(a) ), without regard to whether that land has been identified as available for disposal in a land use plan; (ii) designated as wilderness by Congress; (iii) within a component of the National Wild and Scenic Rivers System; or (iv) designated in the Forest Land and Resource Management Plan as a Research Natural Area. (C) Administrative responsibility \nThe Secretary shall be responsible for meeting all substantive and any procedural requirements necessary to complete the exchange and the conveyance of the eligible land. (5) Land into trust \nOn completion of the land exchange authorized by this subsection, the Secretary shall, as soon as practicable after the enforceability date, take the land received by the United States pursuant to this subsection into trust for the benefit of the Fort Belknap Indian Community. (6) Terms and conditions \n(A) Equal value \nThe values of the eligible land and State land exchanged under this subsection shall be equal, except that the Secretary concerned may— (i) exchange land that is of approximately equal value if such an exchange complies with the requirements of section 206(h) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(h) ) (and any regulations implementing that section) without regard to the monetary limitation described in paragraph (1)(A) of that section; and (ii) make or accept an equalization payment, or waive an equalization payment, if such a payment or waiver of a payment complies with the requirements of section 206(b) of that Act ( 43 U.S.C. 1716(b) ) (and any regulations implementing that section). (B) Impacts on local governments \nIn identifying eligible land to be exchanged with the State, the Secretary concerned and the State may— (i) consider the financial impacts of exchanging specific eligible land on local governments; and (ii) attempt to minimize the financial impact of the exchange on local governments. (C) Existing authorizations \n(i) Eligible land conveyed to the state \n(I) In general \nAny eligible land conveyed to the State under this subsection shall be subject to any valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. (II) Assumption by State \nThe State shall assume all benefits and obligations of the Forest Service or the Bureau of Land Management, as applicable, under the existing rights, contracts, leases, permits, and rights-of-way described in subclause (I). (ii) State land conveyed to the united states \n(I) In general \nAny State land conveyed to the United States under this subsection and taken into trust for the benefit of the Fort Belknap Indian Community subject shall be to any valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. (II) Assumption by Bureau of Indian Affairs \nThe Bureau of Indian Affairs shall— (aa) assume all benefits and obligations of the State under the existing rights, contracts, leases, permits, and rights-of-way described in subclause (I); and (bb) disburse to the Fort Belknap Indian Community any amounts that accrue to the United States from those rights, contracts, leases, permits, and rights-of-way, after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the benefit of the Fort Belknap Indian Community. (D) Personal property \n(i) In general \nAny improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on land transferred to the United States under this subsection shall— (I) remain the property of the holder; and (II) be removed not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Fort Belknap Indian Community and the holder agree otherwise. (ii) Remaining property \nAny personal property described in clause (i) remaining with the holder described in that clause beyond the 90-day period described in subclause (II) of that clause shall— (I) become the property of the Fort Belknap Indian Community; and (II) be subject to removal and disposition at the discretion of the Fort Belknap Indian Community. (iii) Liability of previous holder \nThe holder of personal property described in clause (i) shall be liable for costs incurred by the Fort Belknap Indian Community in removing and disposing of the personal property under clause (ii)(II). (7) Technical corrections \nNotwithstanding the descriptions of the parcels of land owned by the State under paragraph (3), the State may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the State parcels to be exchanged. (8) Assistance \nThe Secretary shall provide $10,000,000 of financial or other assistance to the State and the Fort Belknap Indian Community as may be necessary to obtain the appraisals, and to satisfy administrative requirements, necessary to accomplish the exchanges under paragraph (2).", "id": "id14e7e711bc0a4d1c953f4fb60f8d0fbf", "header": "Exchange of eligible land and State land", "nested": [], "links": [ { "text": "43 U.S.C. 1702", "legal-doc": "usc", "parsable-cite": "usc/43/1702" }, { "text": "16 U.S.C. 1609(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1609" }, { "text": "16 U.S.C. 1609(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1609" }, { "text": "16 U.S.C. 7202(a)", "legal-doc": "usc", "parsable-cite": "usc/16/7202" }, { "text": "43 U.S.C. 1716(h)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" }, { "text": "43 U.S.C. 1716(b)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" } ] }, { "text": "(b) Federal land transfers \n(1) In general \nSubject to valid existing rights and the requirements of this subsection, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be held by the United States in trust for the benefit of the Fort Belknap Indian Community as part of the Reservation on the enforceability date. (2) Federal land \n(A) Bureau of land management parcels \n(i) 59.46 acres in T. 25 N., R. 22 E., sec. 4, comprised of— (I) 19.55 acres in lot 10; (II) 19.82 acres in lot 11; and (III) 20.09 acres in lot 16. (ii) 324.24 acres in the N 1⁄2 of T. 25 N., R. 22 E., sec. 5. (iii) 403.56 acres in T. 25 N., R. 22 E., sec. 9, comprised of— (I) 20.39 acres in lot 2; (II) 20.72 acres in lot 7; (III) 21.06 acres in lot 8; (IV) 40.00 acres in lot 9; (V) 40.00 acres in lot 10; (VI) 40.00 acres in lot 11; (VII) 40.00 acres in lot 12; (VIII) 21.39 acres in lot 13; and (IX) 160 acres in SW 1/4. (iv) 70.63 acres in T. 25 N., R. 22 E., sec. 13, comprised of— (I) 18.06 acres in lot 5; (II) 18.25 acres in lot 6; (III) 18.44 acres in lot 7; and (IV) 15.88 acres in lot 8. (v) 71.12 acres in T. 25 N., R. 22 E., sec. 14, comprised of— (I) 17.65 acres in lot 5; (II) 17.73 acres in lot 6; (III) 17.83 acres in lot 7; and (IV) 17.91 acres in lot 8. (vi) 103.29 acres in T. 25 N., R. 22 E., sec. 15, comprised of— (I) 21.56 acres in lot 6; (II) 29.50 acres in lot 7; (III) 17.28 acres in lot 8; (IV) 17.41 acres in lot 9; and (V) 17.54 acres in lot 10. (vii) 160 acres in T. 26 N., R. 21 E., sec. 1, comprised of— (I) 80 acres in the S 1⁄2 of the NW 1⁄4 ; and (II) 80 acres in the W 1⁄2 of the SW 1⁄4. (viii) 567.50 acres in T. 26 N., R. 21 E., sec. 2, comprised of— (I) 82.54 acres in the E 1⁄2 of the NW 1⁄4 ; (II) 164.96 acres in the NE 1⁄4 ; and (III) 320 acres in the S 1⁄2. (ix) 240 acres in T. 26 N., R. 21 E., sec. 3, comprised of— (I) 40 acres in the SE 1⁄4 of the NW 1⁄4 ; (II) 160 acres in the SW 1⁄4 ; and (III) 40 acres in the SW 1⁄4 of the SE 1⁄4. (x) 120 acres in T. 26 N., R. 21 E., sec. 4, comprised of— (I) 80 acres in the E 1⁄2 of the SE 1⁄4 ; and (II) 40 acres in the NW 1⁄4 of the SE 1⁄4. (xi) 200 acres in T. 26 N., R. 21 E., sec. 5, comprised of— (I) 160 acres in the SW 1⁄4 ; and (II) 40 acres in the SW 1⁄4 of the NW 1⁄4. (xii) 40 acres in the SE 1⁄4 of the SE 1⁄4 of T. 26 N., R. 21 E., sec. 6. (xiii) 240 acres in T. 26 N., R. 21 E., sec. 8, comprised of— (I) 40 acres in the NE 1⁄4 of the SW 1⁄4 ; (II) 160 acres in the NW 1⁄4 ; and (III) 40 acres in the NW 1⁄4 of the SE 1⁄4. (xiv) 320 acres in the E 1⁄2 of T. 26 N., R. 21 E., sec. 9. (xv) 640 acres in T. 26 N., R. 21 E., sec. 10. (xvi) 600 acres in T. 26 N., R. 21 E., sec. 11, comprised of— (I) 320 acres in the N 1⁄2 ; (II) 80 acres in the N 1⁄2 of the SE 1⁄4 ; (III) 160 acres in the SW 1⁄4 ; and (IV) 40 acres in the SW 1⁄4 of the SE 1⁄4. (xvii) 525.81 acres in T. 26 N., R. 22 E., sec. 21, comprised of— (I) 6.62 acres in lot 1; (II) 5.70 acres in lot 2; (III) 56.61 acres in lot 5; (IV) 56.88 acres in lot 6; (V) 320 acres in the W 1/2 ; and (VI) 80 acres in the W 1/2 of the SE 1/4. (xviii) 719.58 acres in T. 26 N., R. 22 E., sec. 28. (xix) 560 acres in T. 26 N., R. 22 E., sec. 29, comprised of— (I) 320 acres in the N 1⁄2 ; (II) 160 acres in the N 1⁄2 of the S 1⁄2 ; and (III) 80 acres in the S 1⁄2 of the SE 1⁄4. (xx) 400 acres in T. 26 N., R. 22 E., sec. 32, comprised of— (I) 320 acres in the S 1⁄2 ; and (II) 80 acres in the S 1⁄2 of the NW 1⁄4. (xxi) 455.51 acres in T. 26 N., R. 22 E., sec. 33, comprised of— (I) 58.25 acres in lot 3; (II) 58.5 acres in lot 4; (III) 58.76 acres in lot 5; (IV) 40 acres in the NW 1⁄4 of the NE 1⁄4 ; (V) 160 acres in the SW 1⁄4 ; and (VI) 80 acres in the W 1⁄2 of the SE 1⁄4. (xxii) 88.71 acres in T. 27 N., R. 21 E., sec. 1, comprised of— (I) 24.36 acres in lot 1; (II) 24.35 acres in lot 2; and (III) 40 acres in the SW 1⁄4 of the SW 1⁄4. (xxiii) 80 acres in T. 27 N., R. 21 E., sec. 3, comprised of— (I) 40 acres in lot 11; and (II) 40 acres in lot 12. (xxiv) 80 acres in T. 27 N., R. 21 E., sec. 11, comprised of— (I) 40 acres in the NW 1⁄4 of the SW 1⁄4 ; and (II) 40 acres in the SW 1⁄4 of the NW 1⁄4. (xxv) 200 acres in T. 27 N., R. 21 E., sec. 12, comprised of— (I) 80 acres in the E 1⁄2 of the SW 1⁄4 ; (II) 40 acres in the NW 1⁄4 of the NW 1⁄4 ; and (III) 80 acres in the S 1⁄2 of the NW 1⁄4. (xxvi) 40 acres in the SE 1⁄4 of the NE 1⁄4 of T. 27 N., R. 21 E., sec. 23. (xxvii) 320 acres in T. 27 N., R. 21 E., sec. 24, comprised of— (I) 80 acres in the E 1⁄2 of the NW 1⁄4 ; (II) 160 acres in the NE 1⁄4 ; (III) 40 acres in the NE 1⁄4 of the SE 1⁄4 ; and (IV) 40 acres in the SW 1⁄4 of the SW 1⁄4. (xxviii) 120 acres in T. 27 N., R. 21 E., sec. 25, comprised of— (I) 80 acres in the S 1⁄2 of the NE 1⁄4 ; and (II) 40 acres in the SE 1⁄4 of the NW 1⁄4. (xxix) 40 acres in the NE 1⁄4 of the SE 1⁄4 of T. 27 N., R. 21 E., sec. 26. (xxx) 160 acres in the NW 1⁄4 of T. 27 N., R. 21 E., sec. 27. (xxxi) 40 acres in the SW 1⁄4 of the SW 1⁄4 of T. 27 N., R. 21 E., sec. 29. (xxxii) 40 acres in the SW 1⁄4 of the NE 1⁄4 of T. 27 N., R. 21 E., sec 30. (xxxiii) 120 acres in T. 27 N., R. 21 E., sec. 33, comprised of— (I) 40 acres in the SE 1⁄4 of the NE 1⁄4 ; and (II) 80 acres in the N 1⁄2 of the SE 1⁄4. (xxxiv) 440 acres in T. 27 N., R. 21 E., sec. 34, comprised of— (I) 160 acres in the N 1⁄2 of the S 1⁄2 ; (II) 160 acres in the NE 1⁄4 ; (III) 80 acres in the S 1⁄2 of the NW 1⁄4 ; and (IV) 40 acres in the SE 1⁄4 of the SE 1⁄4. (xxxv) 133.44 acres in T. 27 N., R. 22 E., sec. 4, comprised of— (I) 28.09 acres in lot 5; (II) 25.35 acres in lot 6; (III) 40 acres in lot 10; and (IV) 40 acres in lot 15. (xxxvi) 160 acres in T. 27 N., R. 22 E., sec. 7, comprised of— (I) 40 acres in the NE 1⁄4 of the NE 1/4 ; (II) 40 acres in the NW 1⁄4 of the SW 1⁄4 ; and (III) 80 acres in the W 1⁄2 of the NW 1⁄4. (xxxvii) 120 acres in T. 27 N., R. 22 E., sec. 8, comprised of— (I) 80 acres in the E 1⁄2 of the NW 1⁄4 ; and (II) 40 acres in the NE 1⁄4 of the SW 1⁄4. (xxxviii) 40 acres in the SW 1⁄4 of the NW 1⁄4 of T. 27 N., R. 22 E., sec. 9. (xxxix) 40 acres in the NE 1⁄4 of the SW 1⁄4 of T. 27 N., R. 22 E., sec. 17. (xl) 40 acres in the NW 1⁄4 of the NW 1⁄4 of T. 27 N., R. 22 E., sec. 19. (xli) 40 acres in the SE 1⁄4 of the NW 1⁄4 of T. 27 N., R22 E., sec. 20. (xlii) 80 acres in the W 1⁄2 of the SE 1⁄4 of T. 27 N., R. 22 E., sec. 31. (xliii) 52.36 acres in the SE 1⁄4 of the SE 1⁄4 of T. 27 N., R. 22 E., sec. 33. (xliv) 40 acres in the NE 1⁄4 of the SW 1⁄4 of T. 28 N., R. 22 E., sec. 29. (xlv) 40 acres in the NE 1⁄4 of the NE 1⁄4 of T. 26 N., R. 21 E., sec. 7. (xlvi) 40 acres in the SW 1⁄4 of the NW 1⁄4 of T. 26 N., R. 21 E., sec. 12. (xlvii) 42.38 acres in the NW 1⁄4 of the NE 1⁄4 of T. 26 N., R. 22 E., sec. 6. (xlviii) 320 acres in the E 1⁄2 of T. 26 N., R. 22 E., sec. 17. (xlix) 80 acres in the E 1⁄2 of the NE 1⁄4 of T. 26 N., R. 22 E., sec. 20. (l) 240 acres in T. 26 N., R. 22 E., sec. 30, comprised of— (I) 80 acres in the E 1⁄2 of the NE 1⁄4 ; (II) 80 acres in the N 1⁄2 of the SE 1⁄4 ; (III) 40 acres in the SE 1⁄4 of the NW 1⁄4 ; and (IV) 40 acres in the SW 1⁄4 of the NE 1⁄4. (B) Bureau of indian affairs \nThe parcels of approximately 3,519.3 acres of trust land that have been converted to fee land, judicially foreclosed on, acquired by the Department of Agriculture, and transferred to the Bureau of Indian Affairs, described in clauses (i) through (iii). (i) Parcel 1 \nThe land described in this clause is 640 acres in T. 29 N., R. 26 E., comprised of— (I) 160 acres in the SW¼ of sec. 27; (II) 160 acres in the NE¼ of sec. 33; and (III) 320 acres in the W½ of sec. 34. (ii) Parcel 2 \nThe land described in this clause is 320 acres in the N½ of T. 30 N., R. 23 E., sec. 28. (iii) Parcel 3 \nThe land described in this clause is 2,559.3 acres, comprised of— (I) T. 28 N., R. 24 E., including— (aa) of sec. 16— (AA) 5 acres in the E 1/2 , W 1/2 , E 1/2 , W 1/2 , W 1/2 , NE 1/4 ; (BB) 10 acres in the E 1/2 , E 1/2 , W 1/2 , W 1/2 , NE 1/4 ; (CC) 40 acres in the E 1/2 , W 1/2 , NE 1/4 ; (DD) 40 acres in the W 1/2 , E 1/2 , NE 1/4 ; (EE) 20 acres in the W 1/2 , E 1/2 , E 1/2 , NE 1/4 ; (FF) 5 acres in the W 1/2 , W 1/2 , E 1/2 , E 1/2 , E 1/2 , NE 1/4 ; and (GG) 160 acres in the SE 1/4 ; (bb) 640 acres in sec. 21; (cc) 320 acres in the S 1/2 of sec. 22; and (dd) 320 acres in the W 1/2 of sec. 27; (II) T. 29 N., R. 25 E., PMM, including— (aa) 320 acres in the S 1/2 of sec. 1; and (bb) 320 acres in the N 1/2 of sec. 12; (III) 39.9 acres in T. 29 N., R. 26 E., PMM, sec. 6, lot 2; (IV) T. 30 N., R. 26 E., PMM, including— (aa) 39.4 acres in sec. 3, lot 2; (bb) 40 acres in the SW 1/4 of the SW 1/4 of sec. 4; (cc) 80 acres in the E 1/2 of the SE 1/4 of sec. 5; (dd) 80 acres in the S 1/2 of the SE 1/4 of sec. 7; and (ee) 40 acres in the N 1/2 , N 1/2 , NE 1/4 of sec. 18; and (V) 40 acres in T. 31 N., R. 26 E., PMM, the NW 1/4 of the SE 1/4 of sec. 31. (3) Terms and conditions \n(A) Existing authorizations \n(i) In general \nFederal land transferred under this subsection shall be conveyed and taken into trust subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, and rights-of-way requests an earlier termination in accordance with existing law. (ii) Assumption by Bureau of Indian Affairs \nThe Bureau of Indian Affairs shall— (I) assume all benefits and obligations of the previous land management agency under the existing rights, contracts, leases, permits, and rights-of-way described in clause (i); and (II) disburse to the Fort Belknap Indian Community any amounts that accrue to the United States from those rights, contracts, leases, permits, and rights-of-ways after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Fort Belknap Indian Community. (B) Personal property \n(i) In general \nAny improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on land transferred under this subsection shall— (I) remain the property of the holder; and (II) be removed from the land not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Fort Belknap Indian Community and the holder agree otherwise. (ii) Remaining property \nAny personal property described in clause (i) remaining with the holder described in that clause beyond the 90-day period described in subclause (II) of that clause shall— (I) become the property of the Fort Belknap Indian Community; and (II) be subject to removal and disposition at the discretion of the Fort Belknap Indian Community. (iii) Liability of previous holder \nThe holder of personal property described in clause (i) shall be liable to the Fort Belknap Indian Community for costs incurred by the Fort Belknap Indian Community in removing and disposing of the property under clause (ii)(II). (C) Existing roads \nIf any road within the Federal land transferred under this subsection is necessary for customary access to private land, the Bureau of Indian Affairs shall offer the owner of the private land to apply for a right-of-way along the existing road, at the expense of the landowner. (D) Limitation on the transfer of water rights \nWater rights that transfer with the land described in paragraph (2) shall not become part of the Tribal water rights, unless those rights are recognized and ratified in the Compact. (4) Withdrawal of Federal land \n(A) In general \nSubject to valid existing rights, effective on the date of enactment of this Act, all Federal land within the parcels described in paragraph (2) is withdrawn from all forms of— (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (B) Expiration \nThe withdrawals pursuant to subparagraph (A) shall terminate on the date that the Secretary takes the land into trust for the benefit of the Fort Belknap Indian Community pursuant to paragraph (1). (C) No new reservation of Federal water rights \nNothing in this paragraph establishes a new reservation in favor of the United States or the Fort Belknap Indian Community with respect to any water or water right on the land withdrawn by this paragraph. (5) Technical corrections \nNotwithstanding the descriptions of the parcels of Federal land in paragraph (2), the United States may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the parcels. (6) Survey \n(A) In general \nUnless the United States or the Fort Belknap Indian Community request an additional survey for the transferred land or a technical correction is made under paragraph (5), the description of land under this subsection shall be controlling. (B) Additional survey \nIf the United States or the Fort Belknap Indian Community requests an additional survey, that survey shall control the total acreage to be transferred into trust under this subsection. (C) Assistance \nThe Secretary shall provide such financial or other assistance as may be necessary— (i) to conduct additional surveys under this subsection; and (ii) to satisfy administrative requirements necessary to accomplish the land transfers under this subsection. (7) Date of transfer \nThe Secretary shall complete all land transfers under this subsection and shall take the land into trust for the benefit of the Fort Belknap Indian Community as expeditiously as practicable after the enforceability date, but not later than 10 years after the enforceability date.", "id": "id66b439e703d24e4f8e5e2e2a4981c5e9", "header": "Federal land transfers", "nested": [], "links": [] }, { "text": "(c) Tribally owned fee land \nNot later than 10 years after the enforceability date, the Secretary shall take into trust for the benefit of the Fort Belknap Indian Community all fee land owned by the Fort Belknap Indian Community on or adjacent to the Reservation to become part of the Reservation, provided that— (1) the land is free from any liens, encumbrances, or other infirmities; and (2) no evidence exists of any hazardous substances on, or other environmental liability with respect to, the land.", "id": "id75f8629e14e246a795064850d2c6a646", "header": "Tribally owned fee land", "nested": [], "links": [] }, { "text": "(d) Dodson land \n(1) In general \nSubject to paragraph (2), as soon as practicable after the enforceability date, but not later than 10 years after the enforceability date, the Dodson Land described in paragraph (3) shall be taken into trust by the United States for the benefit of the Fort Belknap Indian Community as part of the Reservation. (2) Restrictions \nThe land taken into trust under paragraph (1) shall be subject to a perpetual easement, reserved by the United States for use by the Bureau of Reclamation, its contractors, and its assigns for— (A) the right of ingress and egress for Milk River Project purposes; (B) the right to— (i) seep, flood, and overflow the transferred land for Milk River Project purposes; (ii) conduct routine and non-routine operation, maintenance, and replacement activities on the Milk River Project facilities, including modification to the headworks at the upstream end of the Dodson South Canal in support of Dodson South Canal enlargement, to include all associated access, construction, and material storage necessary to complete those activities; and (iii) prohibit the construction of permanent structures on the transferred land, except— (I) as provided in the cooperative agreement under paragraph (4); and (II) to meet the requirements of the Milk River Project. (3) Description of Dodson land \n(A) In general \nThe Dodson Land referred to in paragraphs (1) and (2) is the approximately 2,500 acres of land owned by the United States that is, as of the date of enactment of this Act, under the jurisdiction of the Bureau of Reclamation and located at the northeastern corner of the Reservation (which extends to the point in the middle of the main channel of the Milk River), where the Milk River Project facilities, including the Dodson Diversion Dam, headworks to the Dodson South Canal, and Dodson South Canal, are located, and more particularly described as follows: (i) Supplemental Plat of T. 30 N., R. 26 E., PMM, secs. 1 and 2. (ii) Supplemental Plat of T. 31 N., R. 25 E., PMM, sec. 13. (iii) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 18, 19, 20, and 29. (iv) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 26, 27, 35, and 36. (B) Clarification \nThe supplemental plats described in clauses (i) through (iv) of subparagraph (A) are official plats, as documented by retracement boundary surveys of the General Land Office, approved on March 11, 1938, and on record at the Bureau of Land Management. (C) Technical corrections \nNotwithstanding the descriptions of the parcels of Federal land in subparagraph (A), the United States may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the parcels to be transferred. (4) Cooperative agreement \nNot later than 3 years after the enforceability date, the Bureau of Reclamation, the Malta Irrigation District, the Bureau of Indian Affairs, and the Fort Belknap Indian Community shall negotiate and enter into a cooperative agreement that identifies the uses to which the Fort Belknap Indian Community may put the land described in paragraph (3), provided that the cooperative agreement may be amended by mutual agreement of the Fort Belknap Indian Community, Bureau of Reclamation, the Malta Irrigation District, and the Bureau of Indian Affairs, including to modify the perpetual easement to narrow the boundaries of the easement or to terminate the perpetual easement and cooperative agreement.", "id": "idf240955f50d64742b7f997b28b0c287d", "header": "Dodson land", "nested": [], "links": [] }, { "text": "(e) Land status \nAll land held in trust by the United States for the benefit of the Fort Belknap Indian Community under this section shall be— (1) beneficially owned by the Fort Belknap Indian Community; and (2) part of the Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for the benefit of an Indian Tribe.", "id": "idcb7b97d8569d4463814849179d7a6554", "header": "Land status", "nested": [], "links": [] } ], "links": [ { "text": "43 U.S.C. 1702", "legal-doc": "usc", "parsable-cite": "usc/43/1702" }, { "text": "16 U.S.C. 1609(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1609" }, { "text": "16 U.S.C. 1609(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1609" }, { "text": "16 U.S.C. 7202(a)", "legal-doc": "usc", "parsable-cite": "usc/16/7202" }, { "text": "43 U.S.C. 1716(h)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" }, { "text": "43 U.S.C. 1716(b)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" } ] }, { "text": "11007. Storage allocation from Lake Elwell \n(a) Storage allocation of water to Fort Belknap Indian Community \nThe Secretary shall allocate to the Fort Belknap Indian Community 20,000 acre-feet per year of water stored in Lake Elwell for use by the Fort Belknap Indian Community for any beneficial purpose on or off the Reservation, under a water right held by the United States and managed by the Bureau of Reclamation for the benefit of the Fort Belknap Indian Community, as measured and diverted at the outlet works of the Tiber Dam or through direct pumping from Lake Elwell. (b) Treatment \n(1) In general \nThe allocation to the Fort Belknap Indian Community under subsection (a) shall be considered to be part of the Tribal water rights. (2) Priority date \nThe priority date of the allocation to the Fort Belknap Indian Community under subsection (a) shall be the priority date of the Lake Elwell water right held by the Bureau of Reclamation. (3) Administration \nThe Fort Belknap Indian Community shall administer the water allocated under subsection (a) in accordance with the Compact and this division. (c) Allocation agreement \n(1) In general \nAs a condition of receiving the allocation under this section, the Fort Belknap Indian Community shall enter into an agreement with the Secretary to establish the terms and conditions of the allocation, in accordance with the Compact and this division. (2) Inclusions \nThe agreement under paragraph (1) shall include provisions establishing that— (A) the agreement shall be without limit as to term; (B) the Fort Belknap Indian Community, and not the United States, shall be entitled to all consideration due to the Fort Belknap Indian Community under any lease, contract, exchange, or agreement entered into by the Fort Belknap Indian Community pursuant to subsection (d); (C) the United States shall have no obligation to monitor, administer, or account for— (i) any funds received by the Fort Belknap Indian Community as consideration under any lease, contract, exchange, or agreement entered into by the Fort Belknap Indian Community pursuant to subsection (d); or (ii) the expenditure of those funds; (D) if the capacity or function of Lake Elwell facilities are significantly reduced, or are anticipated to be significantly reduced, for an extended period of time, the Fort Belknap Indian Community shall have the same storage rights as other storage contractors with respect to the allocation under this section; (E) the costs associated with the construction of the storage facilities at Tiber Dam allocable to the Fort Belknap Indian Community shall be nonreimbursable; (F) no water service capital charge shall be due or payable for any water allocated to the Fort Belknap Indian Community under this section or the allocation agreement, regardless of whether that water is delivered for use by the Fort Belknap Indian Community or under a lease, contract, exchange, or by agreement entered into by the Fort Belknap Indian Community pursuant to subsection (d); (G) the Fort Belknap Indian Community shall not be required to make payments to the United States for any water allocated to the Fort Belknap Indian Community under this section or the allocation agreement, except for each acre-foot of stored water leased or transferred for industrial purposes as described in subparagraph (H); and (H) for each acre-foot of stored water leased or transferred by the Fort Belknap Indian Community for industrial purposes— (i) the Fort Belknap Indian Community shall pay annually to the United States an amount necessary to cover the proportional share of the annual operations, maintenance, and replacement costs allocable to the quantity of water leased or transferred by the Fort Belknap Indian Community for industrial purposes; and (ii) the annual payments of the Fort Belknap Indian Community shall be reviewed and adjusted, as appropriate, to reflect the actual operations, maintenance, and replacement costs for Tiber Dam. (d) Agreement by fort Belknap Indian Community \nThe Fort Belknap Indian Community may use, lease, contract, exchange, or enter into other agreements for the use of the water allocated to the Fort Belknap Indian Community under subsection (a) if— (1) the use of water that is the subject of such an agreement occurs within the Missouri River Basin; and (2) the agreement does not permanently alienate any water allocated to the Fort Belknap Indian Community under that subsection. (e) Effective date \nThe allocation under subsection (a) takes effect on the enforceability date. (f) No carryover storage \nThe allocation under subsection (a) shall not be increased by any year-to-year carryover storage. (g) Development and delivery costs \nThe United States shall not be required to pay the cost of developing or delivering any water allocated under this section.", "id": "id24b18efb4c20451e85bcbe3e8429c34b", "header": "Storage allocation from Lake Elwell", "nested": [ { "text": "(a) Storage allocation of water to Fort Belknap Indian Community \nThe Secretary shall allocate to the Fort Belknap Indian Community 20,000 acre-feet per year of water stored in Lake Elwell for use by the Fort Belknap Indian Community for any beneficial purpose on or off the Reservation, under a water right held by the United States and managed by the Bureau of Reclamation for the benefit of the Fort Belknap Indian Community, as measured and diverted at the outlet works of the Tiber Dam or through direct pumping from Lake Elwell.", "id": "id8731a643d2dd4103abea0b0c3aebbd25", "header": "Storage allocation of water to Fort Belknap Indian Community", "nested": [], "links": [] }, { "text": "(b) Treatment \n(1) In general \nThe allocation to the Fort Belknap Indian Community under subsection (a) shall be considered to be part of the Tribal water rights. (2) Priority date \nThe priority date of the allocation to the Fort Belknap Indian Community under subsection (a) shall be the priority date of the Lake Elwell water right held by the Bureau of Reclamation. (3) Administration \nThe Fort Belknap Indian Community shall administer the water allocated under subsection (a) in accordance with the Compact and this division.", "id": "id35e92714a97043b7aa0d463d22e70162", "header": "Treatment", "nested": [], "links": [] }, { "text": "(c) Allocation agreement \n(1) In general \nAs a condition of receiving the allocation under this section, the Fort Belknap Indian Community shall enter into an agreement with the Secretary to establish the terms and conditions of the allocation, in accordance with the Compact and this division. (2) Inclusions \nThe agreement under paragraph (1) shall include provisions establishing that— (A) the agreement shall be without limit as to term; (B) the Fort Belknap Indian Community, and not the United States, shall be entitled to all consideration due to the Fort Belknap Indian Community under any lease, contract, exchange, or agreement entered into by the Fort Belknap Indian Community pursuant to subsection (d); (C) the United States shall have no obligation to monitor, administer, or account for— (i) any funds received by the Fort Belknap Indian Community as consideration under any lease, contract, exchange, or agreement entered into by the Fort Belknap Indian Community pursuant to subsection (d); or (ii) the expenditure of those funds; (D) if the capacity or function of Lake Elwell facilities are significantly reduced, or are anticipated to be significantly reduced, for an extended period of time, the Fort Belknap Indian Community shall have the same storage rights as other storage contractors with respect to the allocation under this section; (E) the costs associated with the construction of the storage facilities at Tiber Dam allocable to the Fort Belknap Indian Community shall be nonreimbursable; (F) no water service capital charge shall be due or payable for any water allocated to the Fort Belknap Indian Community under this section or the allocation agreement, regardless of whether that water is delivered for use by the Fort Belknap Indian Community or under a lease, contract, exchange, or by agreement entered into by the Fort Belknap Indian Community pursuant to subsection (d); (G) the Fort Belknap Indian Community shall not be required to make payments to the United States for any water allocated to the Fort Belknap Indian Community under this section or the allocation agreement, except for each acre-foot of stored water leased or transferred for industrial purposes as described in subparagraph (H); and (H) for each acre-foot of stored water leased or transferred by the Fort Belknap Indian Community for industrial purposes— (i) the Fort Belknap Indian Community shall pay annually to the United States an amount necessary to cover the proportional share of the annual operations, maintenance, and replacement costs allocable to the quantity of water leased or transferred by the Fort Belknap Indian Community for industrial purposes; and (ii) the annual payments of the Fort Belknap Indian Community shall be reviewed and adjusted, as appropriate, to reflect the actual operations, maintenance, and replacement costs for Tiber Dam.", "id": "idddecfe929c084836a2165199512b2dfb", "header": "Allocation agreement", "nested": [], "links": [] }, { "text": "(d) Agreement by fort Belknap Indian Community \nThe Fort Belknap Indian Community may use, lease, contract, exchange, or enter into other agreements for the use of the water allocated to the Fort Belknap Indian Community under subsection (a) if— (1) the use of water that is the subject of such an agreement occurs within the Missouri River Basin; and (2) the agreement does not permanently alienate any water allocated to the Fort Belknap Indian Community under that subsection.", "id": "idc72d736309974d8c90ca7637cc1845ad", "header": "Agreement by fort Belknap Indian Community", "nested": [], "links": [] }, { "text": "(e) Effective date \nThe allocation under subsection (a) takes effect on the enforceability date.", "id": "id708a59d6dc234d7db41a68c2d539ee7e", "header": "Effective date", "nested": [], "links": [] }, { "text": "(f) No carryover storage \nThe allocation under subsection (a) shall not be increased by any year-to-year carryover storage.", "id": "idb997aaa7bac94880bf8a547c5fcfae94", "header": "No carryover storage", "nested": [], "links": [] }, { "text": "(g) Development and delivery costs \nThe United States shall not be required to pay the cost of developing or delivering any water allocated under this section.", "id": "id106374444a764d7285dcc73de91071cf", "header": "Development and delivery costs", "nested": [], "links": [] } ], "links": [] }, { "text": "11008. Milk River Project mitigation \n(a) In general \nIn complete satisfaction of the Milk River Project mitigation requirements provided for in Article VI.B. of the Compact, the Secretary, acting through the Commissioner— (1) in cooperation with the State and the Blackfeet Tribe, shall carry out appropriate activities concerning the restoration of the St. Mary Canal and associated facilities, including activities relating to the— (A) planning and design to restore the St. Mary Canal and appurtenances to convey 850 cubic-feet per second; and (B) rehabilitating, constructing, and repairing of the St. Mary Canal and appurtenances; and (2) in cooperation with the State and the Fort Belknap Indian Community, shall carry out appropriate activities concerning the enlargement of Dodson South Canal and associated facilities, including activities relating to the— (A) planning and design to enlarge Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second; and (B) rehabilitating, constructing, and enlarging the Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second. (b) Funding \nThe total amount of obligations incurred by the Secretary, prior to any adjustments provided for in section 11014(b), shall not exceed $300,000,000 to carry out activities described in subsection (c)(1). (c) Satisfaction of mitigation requirement \nNotwithstanding any provision of the Compact, the mitigation required by Article VI.B. of the Compact shall be deemed satisfied if— (1) the Secretary has— (A) restored the St. Mary Canal and associated facilities to convey 850 cubic-feet per second; and (B) enlarged the Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second; or (2) the Secretary— (A) has expended all of the available funding provided pursuant to section 11014(a)(1)(D) to rehabilitate the St. Mary Canal and enlarge the Dodson South Canal; and (B) despite diligent efforts, could not complete the activities described in subsection (a). (d) Nonreimbursability of costs \nThe costs to the Secretary of carrying out this section shall be nonreimbursable.", "id": "id2f57b9a8159e40dca32a017fee383214", "header": "Milk River Project mitigation", "nested": [ { "text": "(a) In general \nIn complete satisfaction of the Milk River Project mitigation requirements provided for in Article VI.B. of the Compact, the Secretary, acting through the Commissioner— (1) in cooperation with the State and the Blackfeet Tribe, shall carry out appropriate activities concerning the restoration of the St. Mary Canal and associated facilities, including activities relating to the— (A) planning and design to restore the St. Mary Canal and appurtenances to convey 850 cubic-feet per second; and (B) rehabilitating, constructing, and repairing of the St. Mary Canal and appurtenances; and (2) in cooperation with the State and the Fort Belknap Indian Community, shall carry out appropriate activities concerning the enlargement of Dodson South Canal and associated facilities, including activities relating to the— (A) planning and design to enlarge Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second; and (B) rehabilitating, constructing, and enlarging the Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second.", "id": "id1858cc046aa24a0d956a50b1e86e01eb", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Funding \nThe total amount of obligations incurred by the Secretary, prior to any adjustments provided for in section 11014(b), shall not exceed $300,000,000 to carry out activities described in subsection (c)(1).", "id": "ide8bef01345224ef3afd9fa6d2c723e52", "header": "Funding", "nested": [], "links": [] }, { "text": "(c) Satisfaction of mitigation requirement \nNotwithstanding any provision of the Compact, the mitigation required by Article VI.B. of the Compact shall be deemed satisfied if— (1) the Secretary has— (A) restored the St. Mary Canal and associated facilities to convey 850 cubic-feet per second; and (B) enlarged the Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second; or (2) the Secretary— (A) has expended all of the available funding provided pursuant to section 11014(a)(1)(D) to rehabilitate the St. Mary Canal and enlarge the Dodson South Canal; and (B) despite diligent efforts, could not complete the activities described in subsection (a).", "id": "id675d647c0fca43559518547fcc064490", "header": "Satisfaction of mitigation requirement", "nested": [], "links": [] }, { "text": "(d) Nonreimbursability of costs \nThe costs to the Secretary of carrying out this section shall be nonreimbursable.", "id": "idd45d243c7b7d4c9c8e8e11339543feff", "header": "Nonreimbursability of costs", "nested": [], "links": [] } ], "links": [] }, { "text": "11009. Fort Belknap Indian Irrigation Project System \n(a) In general \nSubject to the availability of appropriations, the Secretary shall rehabilitate, modernize, and expand the Fort Belknap Indian Irrigation Project, as generally described in the document of Natural Resources Consulting Engineers, Inc., entitled Fort Belknap Indian Community Comprehensive Water Development Plan and dated February 2019, which shall include— (1) planning, studies, and designing of the existing and expanded Milk River unit, including the irrigation system, Pumping Plant, delivery pipe and canal, Fort Belknap Dam and Reservoir, and Peoples Creek Flood Protection Project; (2) the rehabilitation, modernization, and construction of the existing Milk River unit; and (3) construction of the expanded Milk River unit, including the irrigation system, Pumping Plant, delivery pipe and canal, Fort Belknap Dam and Reservoir, and Peoples Creek Flood Protection Project. (b) Lead agency \nThe Bureau of Indian Affairs, in coordination with the Bureau of Reclamation, shall serve as the lead agency with respect to any activities carried out under this section. (c) Consultation with the Fort Belknap Indian Community \nThe Secretary shall consult with the Fort Belknap Indian Community on appropriate changes to the final design and costs of any activity under this section. (d) Funding \nThe total amount of obligations incurred by the Secretary in carrying out this section, prior to any adjustment provided for in section 11014(b), shall not exceed $415,832,153. (e) Nonreimbursability of costs \nAll costs incurred by the Secretary in carrying out this section shall be nonreimbursable. (f) Administration \nThe Secretary and the Fort Belknap Indian Community shall negotiate the cost of any oversight activity carried out by the Bureau of Indian Affairs or the Bureau of Reclamation under any agreement entered into under subsection (j), subject to the condition that the total cost for the oversight shall not exceed 3 percent of the total project costs for each project. (g) Project management committee \nNot later than 1 year after the date of enactment of this Act, the Secretary shall facilitate the formation of a project management committee composed of representatives of the Bureau of Indian Affairs, the Bureau of Reclamation, and the Fort Belknap Indian Community— (1) to review and make recommendations relating to cost factors, budgets, and implementing the activities for rehabilitating, modernizing, and expanding the Fort Belknap Indian Irrigation Project; and (2) to improve management of inherently governmental activities through enhanced communication. (h) Project efficiencies \nIf the total cost of planning, studies, design, rehabilitation, modernization, and construction activities relating to the projects described in subsection (a) results in cost savings and is less than the amounts authorized to be obligated, the Secretary, at the request of the Fort Belknap Indian Community, shall deposit those savings in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under section 11012(b)(2). (i) Treatment \nAny activities carried out pursuant to this section that result in improvements, additions, or modifications to the Fort Belknap Indian Irrigation Project shall— (1) become a part of the Fort Belknap Indian Irrigation Project; and (2) be recorded in the inventory of the Secretary relating to the Fort Belknap Indian Irrigation Project. (j) Applicability of ISDEAA \nAt the request of the Fort Belknap Indian Community, and in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ), the Secretary shall enter into agreements with the Fort Belknap Indian Community to carry out all or a portion of this section. (k) Effect \nNothing in this section— (1) alters any applicable law under which the Bureau of Indian Affairs collects assessments or carries out the operations and maintenance of the Fort Belknap Indian Irrigation Project; or (2) impacts the availability of amounts under section 11014. (l) Satisfaction of Fort Belknap Indian Irrigation Project System requirement \nThe obligations of the Secretary under subsection (a) shall be deemed satisfied if the Secretary— (1) has rehabilitated, modernized, and expanded the Fort Belknap Indian Irrigation Project in accordance with subsection (a); or (2) (A) has expended all of the available funding provided pursuant to paragraphs (1)(C) and (2)(A)(iv) of section 11014(a); and (B) despite diligent efforts, could not complete the activities described in subsection (a).", "id": "ida57ca90bd27a407c99165ec78390b915", "header": "Fort Belknap Indian Irrigation Project System", "nested": [ { "text": "(a) In general \nSubject to the availability of appropriations, the Secretary shall rehabilitate, modernize, and expand the Fort Belknap Indian Irrigation Project, as generally described in the document of Natural Resources Consulting Engineers, Inc., entitled Fort Belknap Indian Community Comprehensive Water Development Plan and dated February 2019, which shall include— (1) planning, studies, and designing of the existing and expanded Milk River unit, including the irrigation system, Pumping Plant, delivery pipe and canal, Fort Belknap Dam and Reservoir, and Peoples Creek Flood Protection Project; (2) the rehabilitation, modernization, and construction of the existing Milk River unit; and (3) construction of the expanded Milk River unit, including the irrigation system, Pumping Plant, delivery pipe and canal, Fort Belknap Dam and Reservoir, and Peoples Creek Flood Protection Project.", "id": "idcf6d4311f0114d44bfb572e8cc4098e2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Lead agency \nThe Bureau of Indian Affairs, in coordination with the Bureau of Reclamation, shall serve as the lead agency with respect to any activities carried out under this section.", "id": "id1156a5f3c3b746b0a507be691a00e2de", "header": "Lead agency", "nested": [], "links": [] }, { "text": "(c) Consultation with the Fort Belknap Indian Community \nThe Secretary shall consult with the Fort Belknap Indian Community on appropriate changes to the final design and costs of any activity under this section.", "id": "id672a014f0f7c4428bb174663d49fede1", "header": "Consultation with the Fort Belknap Indian Community", "nested": [], "links": [] }, { "text": "(d) Funding \nThe total amount of obligations incurred by the Secretary in carrying out this section, prior to any adjustment provided for in section 11014(b), shall not exceed $415,832,153.", "id": "id7d5c545d50ca47c2a804816b28d896fd", "header": "Funding", "nested": [], "links": [] }, { "text": "(e) Nonreimbursability of costs \nAll costs incurred by the Secretary in carrying out this section shall be nonreimbursable.", "id": "id49d253a5306b4aa38c94080749d9edc7", "header": "Nonreimbursability of costs", "nested": [], "links": [] }, { "text": "(f) Administration \nThe Secretary and the Fort Belknap Indian Community shall negotiate the cost of any oversight activity carried out by the Bureau of Indian Affairs or the Bureau of Reclamation under any agreement entered into under subsection (j), subject to the condition that the total cost for the oversight shall not exceed 3 percent of the total project costs for each project.", "id": "id46210e19c105432992152230958eadc1", "header": "Administration", "nested": [], "links": [] }, { "text": "(g) Project management committee \nNot later than 1 year after the date of enactment of this Act, the Secretary shall facilitate the formation of a project management committee composed of representatives of the Bureau of Indian Affairs, the Bureau of Reclamation, and the Fort Belknap Indian Community— (1) to review and make recommendations relating to cost factors, budgets, and implementing the activities for rehabilitating, modernizing, and expanding the Fort Belknap Indian Irrigation Project; and (2) to improve management of inherently governmental activities through enhanced communication.", "id": "id5c47e8b3139b49cdb82f84c6757bb8fb", "header": "Project management committee", "nested": [], "links": [] }, { "text": "(h) Project efficiencies \nIf the total cost of planning, studies, design, rehabilitation, modernization, and construction activities relating to the projects described in subsection (a) results in cost savings and is less than the amounts authorized to be obligated, the Secretary, at the request of the Fort Belknap Indian Community, shall deposit those savings in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under section 11012(b)(2).", "id": "id546c002ec0e942ed8c965ebba6b06bd1", "header": "Project efficiencies", "nested": [], "links": [] }, { "text": "(i) Treatment \nAny activities carried out pursuant to this section that result in improvements, additions, or modifications to the Fort Belknap Indian Irrigation Project shall— (1) become a part of the Fort Belknap Indian Irrigation Project; and (2) be recorded in the inventory of the Secretary relating to the Fort Belknap Indian Irrigation Project.", "id": "iddd556319ac8e435ead7799a9f18b005a", "header": "Treatment", "nested": [], "links": [] }, { "text": "(j) Applicability of ISDEAA \nAt the request of the Fort Belknap Indian Community, and in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ), the Secretary shall enter into agreements with the Fort Belknap Indian Community to carry out all or a portion of this section.", "id": "id936a25a8bbeb4f8f98576506c7be0b7d", "header": "Applicability of ISDEAA", "nested": [], "links": [ { "text": "25 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/5301" } ] }, { "text": "(k) Effect \nNothing in this section— (1) alters any applicable law under which the Bureau of Indian Affairs collects assessments or carries out the operations and maintenance of the Fort Belknap Indian Irrigation Project; or (2) impacts the availability of amounts under section 11014.", "id": "id9ac0b8c41e464c168caa4eafc2ef0af5", "header": "Effect", "nested": [], "links": [] }, { "text": "(l) Satisfaction of Fort Belknap Indian Irrigation Project System requirement \nThe obligations of the Secretary under subsection (a) shall be deemed satisfied if the Secretary— (1) has rehabilitated, modernized, and expanded the Fort Belknap Indian Irrigation Project in accordance with subsection (a); or (2) (A) has expended all of the available funding provided pursuant to paragraphs (1)(C) and (2)(A)(iv) of section 11014(a); and (B) despite diligent efforts, could not complete the activities described in subsection (a).", "id": "id90d5139b95ef42718f0310e3df612bf5", "header": "Satisfaction of Fort Belknap Indian Irrigation Project System requirement", "nested": [], "links": [] } ], "links": [ { "text": "25 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/5301" } ] }, { "text": "11010. Satisfaction of claims \n(a) In general \nThe benefits provided under this division shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Fort Belknap Indian Community against the United States that is waived and released by the Fort Belknap Indian Community under section 11011(a). (b) Allottees \nThe benefits realized by the allottees under this division shall be in complete replacement of, complete substitution for, and full satisfaction of— (1) all claims waived and released by the United States (acting as trustee for the allottees) under section 11011(a)(2); and (2) any claims of the allottees against the United States similar to the claims described in section 11011(a)(2) that the allottee asserted or could have asserted.", "id": "ida0155c39031c43ad8711382ffe1f4fb2", "header": "Satisfaction of claims", "nested": [ { "text": "(a) In general \nThe benefits provided under this division shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Fort Belknap Indian Community against the United States that is waived and released by the Fort Belknap Indian Community under section 11011(a).", "id": "id12566cf32706447da16d52d4e8900013", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Allottees \nThe benefits realized by the allottees under this division shall be in complete replacement of, complete substitution for, and full satisfaction of— (1) all claims waived and released by the United States (acting as trustee for the allottees) under section 11011(a)(2); and (2) any claims of the allottees against the United States similar to the claims described in section 11011(a)(2) that the allottee asserted or could have asserted.", "id": "id9a6df93198d248acb38f488e4bf32bda", "header": "Allottees", "nested": [], "links": [] } ], "links": [] }, { "text": "11011. Waivers and releases of claims \n(a) In general \n(1) Waiver and release of claims by the fort belknap indian community and United States as trustee for the fort belknap indian community \nSubject to the reservation of rights and retention of claims under subsection (d), as consideration for recognition of the Tribal water rights and other benefits described in the Compact and this division, the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), and the United States, acting as trustee for the Fort Belknap Indian Community and the members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), shall execute a waiver and release of all claims for water rights within the State that the Fort Belknap Indian Community, or the United States acting as trustee for the Fort Belknap Indian Community, asserted or could have asserted in any proceeding, including a State stream adjudication, on or before the enforceability date, except to the extent that such rights are recognized in the Compact and this division. (2) Waiver and release of claims by the United States as trustee for allottees \nSubject to the reservation of rights and the retention of claims under subsection (d), as consideration for recognition of the Tribal water rights and other benefits described in the Compact and this division, the United States, acting as trustee for the allottees, shall execute a waiver and release of all claims for water rights within the Reservation that the United States, acting as trustee for the allottees, asserted or could have asserted in any proceeding, including a State stream adjudication, on or before the enforceability date, except to the extent that such rights are recognized in the Compact and this division. (3) Waiver and release of claims by the Fort Belknap Indian Community against the United States \nSubject to the reservation of rights and retention of claims under subsection (d), the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States)— (A) first arising before the enforceability date relating to— (i) water rights within the State that the United States, acting as trustee for the Fort Belknap Indian Community, asserted or could have asserted in any proceeding, including a general stream adjudication in the State, except to the extent that such rights are recognized as Tribal water rights under this division; (ii) foregone benefits from nontribal use of water, on and off the Reservation (including water from all sources and for all uses); (iii) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights, including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State; (iv) a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation; (v) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of the Fort Belknap Indian Irrigation Project and other Federal land and facilities (including damages, losses, or injuries to Tribal fisheries, fish habitat, wildlife, and wildlife habitat); (vi) a failure to provide for operation and maintenance, or deferred maintenance, for the Fort Belknap Indian Irrigation Project or any other irrigation system or irrigation project; (vii) the litigation of claims relating to any water rights of the Fort Belknap Indian Community in the State; (viii) the negotiation, execution, or adoption of the Compact (including appendices) and this division; (ix) the taking or acquisition of land or resources of the Fort Belknap Indian Community for the construction or operation of the Fort Belknap Indian Irrigation Project or the Milk River Project; and (x) the allocation of water of the Milk River and the St. Mary River (including tributaries) between the United States and Canada pursuant to the International Boundary Waters Treaty of 1909 (36 Stat. 2448); and (B) relating to damage, loss, or injury to water, water rights, land, or natural resources due to mining activities in the Little Rockies Mountains prior to the date of trust acquisition, including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights. (b) Effectiveness \nThe waivers and releases under subsection (a) shall take effect on the enforceability date. (c) Objections in Montana water court \nNothing in this division or the Compact prohibits the Fort Belknap Indian Community, a member of the Fort Belknap Indian Community, an allottee, or the United States in any capacity from objecting to any claim to a water right filed in any general stream adjudication in the Montana Water Court. (d) Reservation of rights and retention of claims \nNotwithstanding the waivers and releases under subsection (a), the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community, and the United States, acting as trustee for the Fort Belknap Indian Community and the allottees shall retain— (1) all claims relating to— (A) the enforcement of water rights recognized under the Compact, any final court decree relating to those water rights, or this division or to water rights accruing on or after the enforceability date; (B) the quality of water under— (i) CERCLA, including damages to natural resources; (ii) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (iii) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and (iv) any regulations implementing the Acts described in clauses (i) through (iii); (C) damage, loss, or injury to land or natural resources that are— (i) not due to loss of water or water rights (including hunting, fishing, gathering, or cultural rights); and (ii) not described in subsection (a)(3); and (D) an action to prevent any person or party (as defined in sections 29 and 30 of Article II of the Compact) from interfering with the enjoyment of the Tribal water rights; (2) all claims relating to off-Reservation hunting rights, fishing rights, gathering rights, or other rights; (3) all claims relating to the right to use and protect water rights acquired after the date of enactment of this Act; (4) all claims relating to the allocation of waters of the Milk River and the Milk River Project between the Fort Belknap Indian Community and the Blackfeet Tribe, pursuant to section 3705(e)(3) of the Blackfeet Water Rights Settlement Act ( Public Law 114–322 ; 130 Stat. 1818); (5) all claims relating to the enforcement of this division, including the required transfer of land under section 11006; and (6) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this division or the Compact. (e) Effect of Compact and division \nNothing in the Compact or this division— (1) affects the authority of the Fort Belknap Indian Community to enforce the laws of the Fort Belknap Indian Community, including with respect to environmental protections; (2) affects the ability of the United States, acting as sovereign, to carry out any activity authorized by law, including— (A) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (C) CERCLA; and (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (3) affects the ability of the United States to act as trustee for any other Indian Tribe or an allottee of any other Indian Tribe; (4) confers jurisdiction on any State court— (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law relating to health, safety, or the environment; or (C) to conduct judicial review of any Federal agency action; (5) waives any claim of a member of the Fort Belknap Indian Community in an individual capacity that does not derive from a right of the Fort Belknap Indian Community; (6) revives any claim adjudicated in the decision in Gros Ventre Tribe v. United States, 469 F.3d 801 (9th Cir. 2006); or (7) revives any claim released by an allottee or member of the Fort Belknap Indian Community in the settlement in Cobell v. Salazar, No. 1:96CV01285–JR (D.D.C. 2012). (f) Enforceability date \nThe enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) the eligible members of the Fort Belknap Indian Community have voted to approve this division and the Compact by a majority of votes cast on the day of the vote; (2) (A) the Montana Water Court has approved the Compact in a manner from which no further appeal may be taken; or (B) if the Montana Water Court is found to lack jurisdiction, the appropriate district court of the United States has approved the Compact as a consent decree from which no further appeal may be taken; (3) all of the amounts authorized to be appropriated under section 11014 have been appropriated and deposited in the designated accounts; (4) the Secretary and the Fort Belknap Indian Community have executed the allocation agreement described in section 11007(c)(1); (5) the State has provided the required funding into the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund pursuant to section 11014(a)(3); and (6) the waivers and releases under subsection (a) have been executed by the Fort Belknap Indian Community and the Secretary. (g) Tolling of claims \n(1) In general \nEach applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the enforceability date. (2) Effect of subsection \nNothing in this subsection revives any claim or tolls any period of limitations or time-based equitable defense that expired before the date of enactment of this Act. (h) Expiration \n(1) In general \nThis division shall expire in any case in which— (A) the amounts authorized to be appropriated by this division have not been made available to the Secretary by not later than— (i) January 21, 2034; and (ii) such alternative later date as is agreed to by the Fort Belknap Indian Community and the Secretary; or (B) the Secretary fails to publish a statement of findings under subsection (f) by not later than— (i) January 21, 2035; and (ii) such alternative later date as is agreed to by the Fort Belknap Indian Community and the Secretary, after providing reasonable notice to the State. (2) Consequences \nIf this division expires under paragraph (1)— (A) the waivers and releases under subsection (a) shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the Compact under section 11004 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this division shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this division, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this division shall be returned to the Federal Government, unless otherwise agreed to by the Fort Belknap Indian Community and the United States and approved by Congress; and (E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this division that were expended or withdrawn, or any funds made available to carry out this division from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States— (i) relating to— (I) water rights in the State asserted by— (aa) the Fort Belknap Indian Community; or (bb) any user of the Tribal water rights; or (II) any other matter described in subsection (a)(3); or (ii) in any future settlement of water rights of the Fort Belknap Indian Community or an allottee.", "id": "id71388808ff964f6a8b387c2a9bb07742", "header": "Waivers and releases of claims", "nested": [ { "text": "(a) In general \n(1) Waiver and release of claims by the fort belknap indian community and United States as trustee for the fort belknap indian community \nSubject to the reservation of rights and retention of claims under subsection (d), as consideration for recognition of the Tribal water rights and other benefits described in the Compact and this division, the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), and the United States, acting as trustee for the Fort Belknap Indian Community and the members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), shall execute a waiver and release of all claims for water rights within the State that the Fort Belknap Indian Community, or the United States acting as trustee for the Fort Belknap Indian Community, asserted or could have asserted in any proceeding, including a State stream adjudication, on or before the enforceability date, except to the extent that such rights are recognized in the Compact and this division. (2) Waiver and release of claims by the United States as trustee for allottees \nSubject to the reservation of rights and the retention of claims under subsection (d), as consideration for recognition of the Tribal water rights and other benefits described in the Compact and this division, the United States, acting as trustee for the allottees, shall execute a waiver and release of all claims for water rights within the Reservation that the United States, acting as trustee for the allottees, asserted or could have asserted in any proceeding, including a State stream adjudication, on or before the enforceability date, except to the extent that such rights are recognized in the Compact and this division. (3) Waiver and release of claims by the Fort Belknap Indian Community against the United States \nSubject to the reservation of rights and retention of claims under subsection (d), the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States)— (A) first arising before the enforceability date relating to— (i) water rights within the State that the United States, acting as trustee for the Fort Belknap Indian Community, asserted or could have asserted in any proceeding, including a general stream adjudication in the State, except to the extent that such rights are recognized as Tribal water rights under this division; (ii) foregone benefits from nontribal use of water, on and off the Reservation (including water from all sources and for all uses); (iii) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights, including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State; (iv) a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation; (v) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of the Fort Belknap Indian Irrigation Project and other Federal land and facilities (including damages, losses, or injuries to Tribal fisheries, fish habitat, wildlife, and wildlife habitat); (vi) a failure to provide for operation and maintenance, or deferred maintenance, for the Fort Belknap Indian Irrigation Project or any other irrigation system or irrigation project; (vii) the litigation of claims relating to any water rights of the Fort Belknap Indian Community in the State; (viii) the negotiation, execution, or adoption of the Compact (including appendices) and this division; (ix) the taking or acquisition of land or resources of the Fort Belknap Indian Community for the construction or operation of the Fort Belknap Indian Irrigation Project or the Milk River Project; and (x) the allocation of water of the Milk River and the St. Mary River (including tributaries) between the United States and Canada pursuant to the International Boundary Waters Treaty of 1909 (36 Stat. 2448); and (B) relating to damage, loss, or injury to water, water rights, land, or natural resources due to mining activities in the Little Rockies Mountains prior to the date of trust acquisition, including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights.", "id": "idf8124b745bdb4a6cb9861f9576ba04c2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effectiveness \nThe waivers and releases under subsection (a) shall take effect on the enforceability date.", "id": "id4b31f3a1a60b471ab572e8ae232587a6", "header": "Effectiveness", "nested": [], "links": [] }, { "text": "(c) Objections in Montana water court \nNothing in this division or the Compact prohibits the Fort Belknap Indian Community, a member of the Fort Belknap Indian Community, an allottee, or the United States in any capacity from objecting to any claim to a water right filed in any general stream adjudication in the Montana Water Court.", "id": "idf5f31dce5fea4dfd9093b8acb216b91b", "header": "Objections in Montana water court", "nested": [], "links": [] }, { "text": "(d) Reservation of rights and retention of claims \nNotwithstanding the waivers and releases under subsection (a), the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community, and the United States, acting as trustee for the Fort Belknap Indian Community and the allottees shall retain— (1) all claims relating to— (A) the enforcement of water rights recognized under the Compact, any final court decree relating to those water rights, or this division or to water rights accruing on or after the enforceability date; (B) the quality of water under— (i) CERCLA, including damages to natural resources; (ii) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (iii) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and (iv) any regulations implementing the Acts described in clauses (i) through (iii); (C) damage, loss, or injury to land or natural resources that are— (i) not due to loss of water or water rights (including hunting, fishing, gathering, or cultural rights); and (ii) not described in subsection (a)(3); and (D) an action to prevent any person or party (as defined in sections 29 and 30 of Article II of the Compact) from interfering with the enjoyment of the Tribal water rights; (2) all claims relating to off-Reservation hunting rights, fishing rights, gathering rights, or other rights; (3) all claims relating to the right to use and protect water rights acquired after the date of enactment of this Act; (4) all claims relating to the allocation of waters of the Milk River and the Milk River Project between the Fort Belknap Indian Community and the Blackfeet Tribe, pursuant to section 3705(e)(3) of the Blackfeet Water Rights Settlement Act ( Public Law 114–322 ; 130 Stat. 1818); (5) all claims relating to the enforcement of this division, including the required transfer of land under section 11006; and (6) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this division or the Compact.", "id": "id3dd6ee409d1b4464bc82b735494c25e5", "header": "Reservation of rights and retention of claims", "nested": [], "links": [ { "text": "42 U.S.C. 300f et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300f" }, { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" }, { "text": "Public Law 114–322", "legal-doc": "public-law", "parsable-cite": "pl/114/322" } ] }, { "text": "(e) Effect of Compact and division \nNothing in the Compact or this division— (1) affects the authority of the Fort Belknap Indian Community to enforce the laws of the Fort Belknap Indian Community, including with respect to environmental protections; (2) affects the ability of the United States, acting as sovereign, to carry out any activity authorized by law, including— (A) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (C) CERCLA; and (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (3) affects the ability of the United States to act as trustee for any other Indian Tribe or an allottee of any other Indian Tribe; (4) confers jurisdiction on any State court— (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law relating to health, safety, or the environment; or (C) to conduct judicial review of any Federal agency action; (5) waives any claim of a member of the Fort Belknap Indian Community in an individual capacity that does not derive from a right of the Fort Belknap Indian Community; (6) revives any claim adjudicated in the decision in Gros Ventre Tribe v. United States, 469 F.3d 801 (9th Cir. 2006); or (7) revives any claim released by an allottee or member of the Fort Belknap Indian Community in the settlement in Cobell v. Salazar, No. 1:96CV01285–JR (D.D.C. 2012).", "id": "id7621530b692d4f4d8fda02ab13dec614", "header": "Effect of Compact and division", "nested": [], "links": [ { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" }, { "text": "42 U.S.C. 300f et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300f" } ] }, { "text": "(f) Enforceability date \nThe enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) the eligible members of the Fort Belknap Indian Community have voted to approve this division and the Compact by a majority of votes cast on the day of the vote; (2) (A) the Montana Water Court has approved the Compact in a manner from which no further appeal may be taken; or (B) if the Montana Water Court is found to lack jurisdiction, the appropriate district court of the United States has approved the Compact as a consent decree from which no further appeal may be taken; (3) all of the amounts authorized to be appropriated under section 11014 have been appropriated and deposited in the designated accounts; (4) the Secretary and the Fort Belknap Indian Community have executed the allocation agreement described in section 11007(c)(1); (5) the State has provided the required funding into the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund pursuant to section 11014(a)(3); and (6) the waivers and releases under subsection (a) have been executed by the Fort Belknap Indian Community and the Secretary.", "id": "id9e8a0af54eac4fc2be0624ed1f846119", "header": "Enforceability date", "nested": [], "links": [] }, { "text": "(g) Tolling of claims \n(1) In general \nEach applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the enforceability date. (2) Effect of subsection \nNothing in this subsection revives any claim or tolls any period of limitations or time-based equitable defense that expired before the date of enactment of this Act.", "id": "id86c2fa8e62844f0c88b124b12517b7ec", "header": "Tolling of claims", "nested": [], "links": [] }, { "text": "(h) Expiration \n(1) In general \nThis division shall expire in any case in which— (A) the amounts authorized to be appropriated by this division have not been made available to the Secretary by not later than— (i) January 21, 2034; and (ii) such alternative later date as is agreed to by the Fort Belknap Indian Community and the Secretary; or (B) the Secretary fails to publish a statement of findings under subsection (f) by not later than— (i) January 21, 2035; and (ii) such alternative later date as is agreed to by the Fort Belknap Indian Community and the Secretary, after providing reasonable notice to the State. (2) Consequences \nIf this division expires under paragraph (1)— (A) the waivers and releases under subsection (a) shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the Compact under section 11004 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this division shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this division, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this division shall be returned to the Federal Government, unless otherwise agreed to by the Fort Belknap Indian Community and the United States and approved by Congress; and (E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this division that were expended or withdrawn, or any funds made available to carry out this division from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States— (i) relating to— (I) water rights in the State asserted by— (aa) the Fort Belknap Indian Community; or (bb) any user of the Tribal water rights; or (II) any other matter described in subsection (a)(3); or (ii) in any future settlement of water rights of the Fort Belknap Indian Community or an allottee.", "id": "ide5e8c47f02bb4b2f8d5941ec33636b52", "header": "Expiration", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 300f et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300f" }, { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" }, { "text": "Public Law 114–322", "legal-doc": "public-law", "parsable-cite": "pl/114/322" }, { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" }, { "text": "42 U.S.C. 300f et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300f" } ] }, { "text": "11012. Aaniiih Nakoda Settlement Trust Fund \n(a) Establishment \nThe Secretary shall establish a trust fund for the Fort Belknap Indian Community, to be known as the Aaniiih Nakoda Settlement Trust Fund , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Trust Fund under subsection (c), together with any investment earnings, including interest, earned on those amounts, for the purpose of carrying out this division. (b) Accounts \nThe Secretary shall establish in the Trust Fund the following accounts: (1) The Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account. (2) The Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account. (3) The Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account. (c) Deposits \nThe Secretary shall deposit— (1) in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account established under subsection (b)(1), the amounts made available pursuant to paragraphs (1)(A) and (2)(A)(i) of section 11014(a); (2) in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (b)(2), the amounts made available pursuant to section 11014(a)(2)(A)(ii); and (3) in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account established under subsection (b)(3), the amounts made available pursuant to paragraphs (1)(B) and (2)(A)(iii) of section 11014(a). (d) Management and interest \n(1) Management \nOn receipt and deposit of the funds into the accounts in the Trust Fund pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in accordance with the investment authority of the Secretary under— (A) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ); (B) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ); and (C) this section. (2) Investment earnings \nIn addition to the amounts deposited under subsection (c), any investment earnings, including interest, credited to amounts held in the Trust Fund shall be available for use in accordance with subsections (e) and (g). (e) Availability of amounts \n(1) In general \nAmounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, including interest, earned on those amounts shall be made available— (A) to the Fort Belknap Indian Community by the Secretary beginning on the enforceability date; and (B) subject to the uses and restrictions in this section. (2) Exceptions \nNotwithstanding paragraph (1)— (A) amounts deposited in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account established under subsection (b)(1) shall be available to the Fort Belknap Indian Community on the date on which the amounts are deposited for uses described in subparagraph (A) and (B) of subsection (g)(1) ; (B) amounts deposited in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (b)(2) shall be made available to the Fort Belknap Indian Community on the date on which the amounts are deposited and the Fort Belknap Indian Community has satisfied the requirements of section 11011(f)(1), for the uses described in subsection (g)(2)(A); and (C) amounts deposited in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account established under subsection (b)(3) shall be available to the Fort Belknap Indian Community on the date on which the amounts are deposited for the uses described in subsection (g)(3)(A). (f) Withdrawals \n(1) American Indian Trust Fund Management Reform Act of 1994 \n(A) In general \nThe Fort Belknap Indian Community may withdraw any portion of the funds in the Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Fort Belknap Indian Community in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (B) Requirements \nIn addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), the Tribal management plan under this paragraph shall require that the Fort Belknap Indian Community spend all amounts withdrawn from the Trust Fund, and any investment earnings accrued through the investments under the Tribal management plan, in accordance with this division. (C) Enforcement \nThe Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary— (i) to enforce the Tribal management plan; and (ii) to ensure that amounts withdrawn from the Trust Fund by the Fort Belknap Indian Community under this paragraph are used in accordance with this division. (2) Withdrawals under expenditure plan \n(A) In general \nThe Fort Belknap Indian Community may submit to the Secretary a request to withdraw funds from the Trust Fund pursuant to an approved expenditure plan. (B) Requirements \nTo be eligible to withdraw funds under an expenditure plan under this paragraph, the Fort Belknap Indian Community shall submit to the Secretary for approval an expenditure plan for any portion of the Trust Fund that the Fort Belknap Indian Community elects to withdraw pursuant to this paragraph, subject to the condition that the funds shall be used for the purposes described in this division. (C) Inclusions \nAn expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Fort Belknap Indian Community in accordance with subsections (e) and (g). (D) Approval \nOn receipt of an expenditure plan under this paragraph, the Secretary shall approve the expenditure plan if the Secretary determines that the expenditure plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this division. (E) Enforcement \nThe Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan under this paragraph to ensure that amounts disbursed under this paragraph are used in accordance with this division. (g) Uses \nAmounts from the Trust Fund shall be used by the Fort Belknap Indian Community for the following purposes: (1) Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account \nAmounts in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account established under subsection (b)(1) shall be used to pay the cost of activities relating to— (A) planning, studies, and design of the Southern Tributary Irrigation Project and the Peoples Creek Irrigation Project, including the Upper Peoples Creek Dam and Reservoir, as generally described in the document of Natural Resources Consulting Engineers, Inc., entitled Fort Belknap Indian Community Comprehensive Water Development Plan and dated February 2019; (B) environmental compliance; (C) construction of the Southern Tributary Irrigation Project and the Peoples Creek Irrigation Project, including the Upper Peoples Creek Dam and Reservoir; (D) wetlands restoration and development; (E) stock watering infrastructure; and (F) on farm development support and reacquisition of fee lands within the Fort Belknap Indian Irrigation Project and Fort Belknap Indian Community irrigation projects within the Reservation. (2) Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account \nAmounts in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (b)(2), the principal and investment earnings, including interest, may only be used by the Fort Belknap Indian Community to pay the costs of activities described in subparagraphs (A) through (C) as follows: (A) $9,000,000 shall be used for the establishment, operation, and capital expenditures in connection with the administration of the Tribal water resources and water rights development, including the development or enactment of a Tribal water code. (B) Only investment earnings, including interest, on $29,299,059 shall be used and be available to pay the costs of activities for administration, operations, and regulation of the Tribal water resources and water rights department, in accordance with the Compact and this division. (C) Only investment earnings, including interest, on $28,331,693 shall be used and be available to pay the costs of activities relating to a portion of the annual assessment costs for the Fort Belknap Indian Community and Tribal members, including allottees, under the Fort Belknap Indian Irrigation Project and Fort Belknap Indian Community irrigation projects within the Reservation. (3) Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account \nAmounts in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account established under subsection (b)(3), the principal and investment earnings, including interest, may only be used by the Fort Belknap Indian Community to pay the costs of activities relating to— (A) planning, studies, design, and environmental compliance of domestic water supply, and sewer collection and treatment systems, as generally described in the document of Natural Resources Consulting Engineers, Inc., entitled Fort Belknap Indian Community Comprehensive Water Development Plan and dated February 2019, including the Lake Elwell Project water delivery to the southern part of the Reservation; (B) construction of domestic water supply, sewer collection, and treatment systems; (C) construction, in accordance with applicable law, of infrastructure for delivery of Lake Elwell water diverted from the Missouri River to the southern part of the Reservation; and (D) planning, studies, design, environmental compliance, and construction of a Tribal wellness center for a work force health and wellbeing project. (h) Liability \nThe Secretary shall not be liable for any expenditure or investment of amounts withdrawn from the Trust Fund by the Fort Belknap Indian Community pursuant to subsection (f). (i) Project efficiencies \nIf the total cost of the activities described in subsection (g) results in cost savings and is less than the amounts authorized to be obligated under any of paragraphs (1) through (3) of that subsection required to carry out those activities, the Secretary, at the request of the Fort Belknap Indian Community, shall deposit those savings in the Trust Fund to be used in accordance with that subsection. (j) Annual report \nThe Fort Belknap Indian Community shall submit to the Secretary an annual expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan described in this section. (k) No per capita payments \nNo principal or interest amount in any account established by this section shall be distributed to any member of the Fort Belknap Indian Community on a per capita basis. (l) Effect \nNothing in this division entitles the Fort Belknap Indian Community to judicial review of a determination of the Secretary regarding whether to approve a Tribal management plan under subsection (f)(1) or an expenditure plan under subsection (f)(2), except as provided under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ).", "id": "id28f7a2e9c6854ae695f5142d4b137ce6", "header": "Aaniiih Nakoda Settlement Trust Fund", "nested": [ { "text": "(a) Establishment \nThe Secretary shall establish a trust fund for the Fort Belknap Indian Community, to be known as the Aaniiih Nakoda Settlement Trust Fund , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Trust Fund under subsection (c), together with any investment earnings, including interest, earned on those amounts, for the purpose of carrying out this division.", "id": "idcb860b6fff094d4b893dc87127cddb09", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Accounts \nThe Secretary shall establish in the Trust Fund the following accounts: (1) The Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account. (2) The Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account. (3) The Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account.", "id": "idef80f78d21f34c73a7fd34e2b5f8f862", "header": "Accounts", "nested": [], "links": [] }, { "text": "(c) Deposits \nThe Secretary shall deposit— (1) in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account established under subsection (b)(1), the amounts made available pursuant to paragraphs (1)(A) and (2)(A)(i) of section 11014(a); (2) in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (b)(2), the amounts made available pursuant to section 11014(a)(2)(A)(ii); and (3) in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account established under subsection (b)(3), the amounts made available pursuant to paragraphs (1)(B) and (2)(A)(iii) of section 11014(a).", "id": "ida4a194da972d4b8592d8bfdabb5aff37", "header": "Deposits", "nested": [], "links": [] }, { "text": "(d) Management and interest \n(1) Management \nOn receipt and deposit of the funds into the accounts in the Trust Fund pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in accordance with the investment authority of the Secretary under— (A) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ); (B) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ); and (C) this section. (2) Investment earnings \nIn addition to the amounts deposited under subsection (c), any investment earnings, including interest, credited to amounts held in the Trust Fund shall be available for use in accordance with subsections (e) and (g).", "id": "id47a5fce6908a46b49751e769cb50f205", "header": "Management and interest", "nested": [], "links": [ { "text": "25 U.S.C. 162a", "legal-doc": "usc", "parsable-cite": "usc/25/162a" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" } ] }, { "text": "(e) Availability of amounts \n(1) In general \nAmounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, including interest, earned on those amounts shall be made available— (A) to the Fort Belknap Indian Community by the Secretary beginning on the enforceability date; and (B) subject to the uses and restrictions in this section. (2) Exceptions \nNotwithstanding paragraph (1)— (A) amounts deposited in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account established under subsection (b)(1) shall be available to the Fort Belknap Indian Community on the date on which the amounts are deposited for uses described in subparagraph (A) and (B) of subsection (g)(1) ; (B) amounts deposited in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (b)(2) shall be made available to the Fort Belknap Indian Community on the date on which the amounts are deposited and the Fort Belknap Indian Community has satisfied the requirements of section 11011(f)(1), for the uses described in subsection (g)(2)(A); and (C) amounts deposited in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account established under subsection (b)(3) shall be available to the Fort Belknap Indian Community on the date on which the amounts are deposited for the uses described in subsection (g)(3)(A).", "id": "ida267a6e91c4d4ec797193f58377f8f6f", "header": "Availability of amounts", "nested": [], "links": [] }, { "text": "(f) Withdrawals \n(1) American Indian Trust Fund Management Reform Act of 1994 \n(A) In general \nThe Fort Belknap Indian Community may withdraw any portion of the funds in the Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Fort Belknap Indian Community in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (B) Requirements \nIn addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), the Tribal management plan under this paragraph shall require that the Fort Belknap Indian Community spend all amounts withdrawn from the Trust Fund, and any investment earnings accrued through the investments under the Tribal management plan, in accordance with this division. (C) Enforcement \nThe Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary— (i) to enforce the Tribal management plan; and (ii) to ensure that amounts withdrawn from the Trust Fund by the Fort Belknap Indian Community under this paragraph are used in accordance with this division. (2) Withdrawals under expenditure plan \n(A) In general \nThe Fort Belknap Indian Community may submit to the Secretary a request to withdraw funds from the Trust Fund pursuant to an approved expenditure plan. (B) Requirements \nTo be eligible to withdraw funds under an expenditure plan under this paragraph, the Fort Belknap Indian Community shall submit to the Secretary for approval an expenditure plan for any portion of the Trust Fund that the Fort Belknap Indian Community elects to withdraw pursuant to this paragraph, subject to the condition that the funds shall be used for the purposes described in this division. (C) Inclusions \nAn expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Fort Belknap Indian Community in accordance with subsections (e) and (g). (D) Approval \nOn receipt of an expenditure plan under this paragraph, the Secretary shall approve the expenditure plan if the Secretary determines that the expenditure plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this division. (E) Enforcement \nThe Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan under this paragraph to ensure that amounts disbursed under this paragraph are used in accordance with this division.", "id": "id1fefa1e8ab314b4e9185f52b73a63651", "header": "Withdrawals", "nested": [], "links": [ { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" } ] }, { "text": "(g) Uses \nAmounts from the Trust Fund shall be used by the Fort Belknap Indian Community for the following purposes: (1) Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account \nAmounts in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account established under subsection (b)(1) shall be used to pay the cost of activities relating to— (A) planning, studies, and design of the Southern Tributary Irrigation Project and the Peoples Creek Irrigation Project, including the Upper Peoples Creek Dam and Reservoir, as generally described in the document of Natural Resources Consulting Engineers, Inc., entitled Fort Belknap Indian Community Comprehensive Water Development Plan and dated February 2019; (B) environmental compliance; (C) construction of the Southern Tributary Irrigation Project and the Peoples Creek Irrigation Project, including the Upper Peoples Creek Dam and Reservoir; (D) wetlands restoration and development; (E) stock watering infrastructure; and (F) on farm development support and reacquisition of fee lands within the Fort Belknap Indian Irrigation Project and Fort Belknap Indian Community irrigation projects within the Reservation. (2) Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account \nAmounts in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (b)(2), the principal and investment earnings, including interest, may only be used by the Fort Belknap Indian Community to pay the costs of activities described in subparagraphs (A) through (C) as follows: (A) $9,000,000 shall be used for the establishment, operation, and capital expenditures in connection with the administration of the Tribal water resources and water rights development, including the development or enactment of a Tribal water code. (B) Only investment earnings, including interest, on $29,299,059 shall be used and be available to pay the costs of activities for administration, operations, and regulation of the Tribal water resources and water rights department, in accordance with the Compact and this division. (C) Only investment earnings, including interest, on $28,331,693 shall be used and be available to pay the costs of activities relating to a portion of the annual assessment costs for the Fort Belknap Indian Community and Tribal members, including allottees, under the Fort Belknap Indian Irrigation Project and Fort Belknap Indian Community irrigation projects within the Reservation. (3) Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account \nAmounts in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account established under subsection (b)(3), the principal and investment earnings, including interest, may only be used by the Fort Belknap Indian Community to pay the costs of activities relating to— (A) planning, studies, design, and environmental compliance of domestic water supply, and sewer collection and treatment systems, as generally described in the document of Natural Resources Consulting Engineers, Inc., entitled Fort Belknap Indian Community Comprehensive Water Development Plan and dated February 2019, including the Lake Elwell Project water delivery to the southern part of the Reservation; (B) construction of domestic water supply, sewer collection, and treatment systems; (C) construction, in accordance with applicable law, of infrastructure for delivery of Lake Elwell water diverted from the Missouri River to the southern part of the Reservation; and (D) planning, studies, design, environmental compliance, and construction of a Tribal wellness center for a work force health and wellbeing project.", "id": "id3f38811e52e249a6b81cc6043de087d0", "header": "Uses", "nested": [], "links": [] }, { "text": "(h) Liability \nThe Secretary shall not be liable for any expenditure or investment of amounts withdrawn from the Trust Fund by the Fort Belknap Indian Community pursuant to subsection (f).", "id": "id0663e8a1e40340e3b630a2f6226357ac", "header": "Liability", "nested": [], "links": [] }, { "text": "(i) Project efficiencies \nIf the total cost of the activities described in subsection (g) results in cost savings and is less than the amounts authorized to be obligated under any of paragraphs (1) through (3) of that subsection required to carry out those activities, the Secretary, at the request of the Fort Belknap Indian Community, shall deposit those savings in the Trust Fund to be used in accordance with that subsection.", "id": "id6e00f5bb07ab4b299cfc80626d9c55db", "header": "Project efficiencies", "nested": [], "links": [] }, { "text": "(j) Annual report \nThe Fort Belknap Indian Community shall submit to the Secretary an annual expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan described in this section.", "id": "idc1cea52293e24c1aa069e2206e359b88", "header": "Annual report", "nested": [], "links": [] }, { "text": "(k) No per capita payments \nNo principal or interest amount in any account established by this section shall be distributed to any member of the Fort Belknap Indian Community on a per capita basis.", "id": "id7f8808a882474de0b08f640e2849ebc6", "header": "No per capita payments", "nested": [], "links": [] }, { "text": "(l) Effect \nNothing in this division entitles the Fort Belknap Indian Community to judicial review of a determination of the Secretary regarding whether to approve a Tribal management plan under subsection (f)(1) or an expenditure plan under subsection (f)(2), except as provided under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ).", "id": "id3cbd571bee454e13a3c069912dd0239c", "header": "Effect", "nested": [], "links": [] } ], "links": [ { "text": "25 U.S.C. 162a", "legal-doc": "usc", "parsable-cite": "usc/25/162a" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" } ] }, { "text": "11013. Fort Belknap Indian Community Water Settlement Implementation Fund \n(a) Establishment \nThere is established in the Treasury of the United States a non-trust, interest-bearing account to be known as the Fort Belknap Indian Community Water Settlement Implementation Fund , to be managed and distributed by the Secretary, for use by the Secretary for carrying out this division. (b) Accounts \nThe Secretary shall establish in the Implementation Fund the following accounts: (1) The Fort Belknap Indian Irrigation Project System Account. (2) The Milk River Project Mitigation Account. (c) Deposits \nThe Secretary shall deposit— (1) in the Fort Belknap Indian Irrigation Project System Account established under subsection (b)(1), the amount made available pursuant to paragraphs (1)(C) and (2)(A)(iv) of section 11014(a); and (2) in the Milk River Project Mitigation Account established under subsection (b)(2), the amount made available pursuant to section 11014(a)(1)(D). (d) Uses \n(1) Fort belknap indian irrigation project system account \nThe Fort Belknap Indian Irrigation Project Rehabilitation Account established under subsection (b)(1) shall be used to carry out section 11009, except as provided in subsection (h) of that section. (2) Milk river project mitigation account \nThe Milk River Project Mitigation Account established under subsection (b)(2) may only be used to carry out section 11008. (e) Management \n(1) In general \nAmounts in the Implementation Fund shall not be available to the Secretary for expenditure until the enforceability date. (2) Exception \nNotwithstanding paragraph (1), amounts deposited in the Fort Belknap Indian Irrigation Project System Account established under subsection (b)(1) shall be available to the Secretary on the date on which the amounts are deposited for uses described in paragraphs (1) and (2) of section 11009(a). (f) Interest \nIn addition to the deposits under subsection (c), any interest credited to amounts unexpended in the Implementation Fund are authorized to be appropriated to be used in accordance with the uses described in subsection (d).", "id": "id902d7bd4347146dd87b5026d59699388", "header": "Fort Belknap Indian Community Water Settlement Implementation Fund", "nested": [ { "text": "(a) Establishment \nThere is established in the Treasury of the United States a non-trust, interest-bearing account to be known as the Fort Belknap Indian Community Water Settlement Implementation Fund , to be managed and distributed by the Secretary, for use by the Secretary for carrying out this division.", "id": "iddc7b0a01f50f46f2a60402ca8f9b7bab", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Accounts \nThe Secretary shall establish in the Implementation Fund the following accounts: (1) The Fort Belknap Indian Irrigation Project System Account. (2) The Milk River Project Mitigation Account.", "id": "id2af4ecee7a674e0681e0483750f809a2", "header": "Accounts", "nested": [], "links": [] }, { "text": "(c) Deposits \nThe Secretary shall deposit— (1) in the Fort Belknap Indian Irrigation Project System Account established under subsection (b)(1), the amount made available pursuant to paragraphs (1)(C) and (2)(A)(iv) of section 11014(a); and (2) in the Milk River Project Mitigation Account established under subsection (b)(2), the amount made available pursuant to section 11014(a)(1)(D).", "id": "id22aee216bb8b4a9e8bb28e7f83913498", "header": "Deposits", "nested": [], "links": [] }, { "text": "(d) Uses \n(1) Fort belknap indian irrigation project system account \nThe Fort Belknap Indian Irrigation Project Rehabilitation Account established under subsection (b)(1) shall be used to carry out section 11009, except as provided in subsection (h) of that section. (2) Milk river project mitigation account \nThe Milk River Project Mitigation Account established under subsection (b)(2) may only be used to carry out section 11008.", "id": "id2d47cddb3daf42828b5c621c14d34250", "header": "Uses", "nested": [], "links": [] }, { "text": "(e) Management \n(1) In general \nAmounts in the Implementation Fund shall not be available to the Secretary for expenditure until the enforceability date. (2) Exception \nNotwithstanding paragraph (1), amounts deposited in the Fort Belknap Indian Irrigation Project System Account established under subsection (b)(1) shall be available to the Secretary on the date on which the amounts are deposited for uses described in paragraphs (1) and (2) of section 11009(a).", "id": "id00e8691d904d49d9b11ac2c8eb853b28", "header": "Management", "nested": [], "links": [] }, { "text": "(f) Interest \nIn addition to the deposits under subsection (c), any interest credited to amounts unexpended in the Implementation Fund are authorized to be appropriated to be used in accordance with the uses described in subsection (d).", "id": "id0f08a9456fe34acf9f07e54b6aed0c58", "header": "Interest", "nested": [], "links": [] } ], "links": [] }, { "text": "11014. Funding \n(a) Funding \n(1) Authorization of appropriations \nSubject to subsection (b), there are authorized to be appropriated to the Secretary— (A) for deposit in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 11012(b)(1), $89,643,100, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; (B) for deposit in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account of the Trust Fund established under section 11012(b)(3), $331,885,220, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; (C) for deposit in the Fort Belknap Indian Irrigation Project System Account of the Implementation Fund established under section 11013(b)(1), such sums as are necessary, but not more than $187,124,469, for the Secretary to carry out section 11009, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; and (D) for deposit in the Milk River Project Mitigation Account of the Implementation Fund established under section 11013(b)(2), such sums as are necessary, but not more than $300,000,000, for the Secretary to carry out obligations of the Secretary under section 11008, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury. (2) Mandatory appropriations \n(A) In general \nOut of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit— (i) in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 11012(b)(1), $29,881,034, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; (ii) in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account of the Trust Fund established under section 11012(b)(2), $66,630,752; (iii) in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account of the Trust Fund established under section 11012(b)(3), $110,628,407; and (iv) in the Fort Belknap Indian Irrigation Project System Account of the Implementation Fund established under section 11013(b)(1), $228,707,684. (B) Availability \nAmounts deposited in the accounts under subparagraph (A) shall be available without further appropriation. (3) State cost share \nThe State shall contribute $5,000,000, plus any earned interest, payable to the Secretary for deposit in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 11012(b)(1) on approval of a final decree by the Montana Water Court for the purpose of activities relating to the Upper Peoples Creek Dam and Reservoir under subparagraphs (A) through (C) of section 11012(g)(1). (b) Fluctuation in costs \n(1) In general \nThe amounts authorized to be appropriated under paragraphs (1) and (2) of subsection (a) and this subsection shall be— (A) increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment of this Act as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend; and (B) adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (2) Repetition \nThe adjustment process under paragraph (1) shall be repeated for each subsequent amount appropriated until the amount authorized to be appropriated under subsection (a), as adjusted, has been appropriated. (3) Period of indexing \n(A) Trust fund \nWith respect to the Trust Fund, the period of indexing adjustment under paragraph (1) for any increment of funding shall end on the date on which the funds are deposited into the Trust Fund. (B) Implementation fund \nWith respect to the Implementation Fund, the period of adjustment under paragraph (1) for any increment of funding shall be annually.", "id": "idec03bddcdd694378b36a59ad1fe50ecb", "header": "Funding", "nested": [ { "text": "(a) Funding \n(1) Authorization of appropriations \nSubject to subsection (b), there are authorized to be appropriated to the Secretary— (A) for deposit in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 11012(b)(1), $89,643,100, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; (B) for deposit in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account of the Trust Fund established under section 11012(b)(3), $331,885,220, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; (C) for deposit in the Fort Belknap Indian Irrigation Project System Account of the Implementation Fund established under section 11013(b)(1), such sums as are necessary, but not more than $187,124,469, for the Secretary to carry out section 11009, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; and (D) for deposit in the Milk River Project Mitigation Account of the Implementation Fund established under section 11013(b)(2), such sums as are necessary, but not more than $300,000,000, for the Secretary to carry out obligations of the Secretary under section 11008, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury. (2) Mandatory appropriations \n(A) In general \nOut of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit— (i) in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 11012(b)(1), $29,881,034, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; (ii) in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account of the Trust Fund established under section 11012(b)(2), $66,630,752; (iii) in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account of the Trust Fund established under section 11012(b)(3), $110,628,407; and (iv) in the Fort Belknap Indian Irrigation Project System Account of the Implementation Fund established under section 11013(b)(1), $228,707,684. (B) Availability \nAmounts deposited in the accounts under subparagraph (A) shall be available without further appropriation. (3) State cost share \nThe State shall contribute $5,000,000, plus any earned interest, payable to the Secretary for deposit in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 11012(b)(1) on approval of a final decree by the Montana Water Court for the purpose of activities relating to the Upper Peoples Creek Dam and Reservoir under subparagraphs (A) through (C) of section 11012(g)(1).", "id": "id6e1d2e1ec3d34c3aaee222109a7c5ed3", "header": "Funding", "nested": [], "links": [] }, { "text": "(b) Fluctuation in costs \n(1) In general \nThe amounts authorized to be appropriated under paragraphs (1) and (2) of subsection (a) and this subsection shall be— (A) increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment of this Act as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend; and (B) adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (2) Repetition \nThe adjustment process under paragraph (1) shall be repeated for each subsequent amount appropriated until the amount authorized to be appropriated under subsection (a), as adjusted, has been appropriated. (3) Period of indexing \n(A) Trust fund \nWith respect to the Trust Fund, the period of indexing adjustment under paragraph (1) for any increment of funding shall end on the date on which the funds are deposited into the Trust Fund. (B) Implementation fund \nWith respect to the Implementation Fund, the period of adjustment under paragraph (1) for any increment of funding shall be annually.", "id": "idd640dd4736ee45c5a6b255053136cc3a", "header": "Fluctuation in costs", "nested": [], "links": [] } ], "links": [] }, { "text": "11015. Miscellaneous provisions \n(a) Waiver of sovereign immunity by the united states \nExcept as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 ( 43 U.S.C. 666 ), nothing in this division waives the sovereign immunity of the United States. (b) Other tribes not adversely affected \nNothing in this division quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Fort Belknap Indian Community. (c) Elimination of debts or liens against allotments of the fort belknap indian community members within the fort belknap indian irrigation project \nOn the date of enactment of this Act, the Secretary shall cancel and eliminate all debts or liens against the allotments of land held by the Fort Belknap Indian Community and the members of the Fort Belknap Indian Community due to construction assessments and annual operation and maintenance charges relating to the Fort Belknap Indian Irrigation Project. (d) Effect on current law \nNothing in this division affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. (e) Effect on reclamation laws \nThe activities carried out by the Commissioner under this division shall not establish a precedent or impact the authority provided under any other provision of the reclamation laws, including— (1) the Reclamation Rural Water Supply Act of 2006 ( 43 U.S.C. 2401 et seq. ); and (2) the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 991). (f) Additional funding \nNothing in this division prohibits the Fort Belknap Indian Community from seeking— (1) additional funds for Tribal programs or purposes; or (2) funding from the United States or the State based on the status of the Fort Belknap Indian Community as an Indian Tribe. (g) Rights under state law \nExcept as provided in section 1 of Article III of the Compact (relating to the closing of certain water basins in the State to new appropriations in accordance with the laws of the State), nothing in this division or the Compact precludes the acquisition or exercise of a right arising under State law (as defined in section 6 of Article II of the Compact) to the use of water by the Fort Belknap Indian Community, or a member or allottee of the Fort Belknap Indian Community, outside the Reservation by— (1) purchase of the right; or (2) submitting to the State an application in accordance with State law. (h) Water storage and importation \nNothing in this division or the Compact prevents the Fort Belknap Indian Community from participating in any project to import water to, or to add storage in, the Milk River Basin.", "id": "id06c09d32fa42436a8c4009c34025700b", "header": "Miscellaneous provisions", "nested": [ { "text": "(a) Waiver of sovereign immunity by the united states \nExcept as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 ( 43 U.S.C. 666 ), nothing in this division waives the sovereign immunity of the United States.", "id": "id3933f5ac6e0841d8a4d9c5e61c8fbe79", "header": "Waiver of sovereign immunity by the united states", "nested": [], "links": [ { "text": "43 U.S.C. 666", "legal-doc": "usc", "parsable-cite": "usc/43/666" } ] }, { "text": "(b) Other tribes not adversely affected \nNothing in this division quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Fort Belknap Indian Community.", "id": "id5fbef40422004ba98d58c84eccb7dee4", "header": "Other tribes not adversely affected", "nested": [], "links": [] }, { "text": "(c) Elimination of debts or liens against allotments of the fort belknap indian community members within the fort belknap indian irrigation project \nOn the date of enactment of this Act, the Secretary shall cancel and eliminate all debts or liens against the allotments of land held by the Fort Belknap Indian Community and the members of the Fort Belknap Indian Community due to construction assessments and annual operation and maintenance charges relating to the Fort Belknap Indian Irrigation Project.", "id": "id6db1e17279ae470b9b06ff65b68546d9", "header": "Elimination of debts or liens against allotments of the fort belknap indian community members within the fort belknap indian irrigation project", "nested": [], "links": [] }, { "text": "(d) Effect on current law \nNothing in this division affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action.", "id": "idee3f3c5299024c7ab4aade3d61c70b03", "header": "Effect on current law", "nested": [], "links": [] }, { "text": "(e) Effect on reclamation laws \nThe activities carried out by the Commissioner under this division shall not establish a precedent or impact the authority provided under any other provision of the reclamation laws, including— (1) the Reclamation Rural Water Supply Act of 2006 ( 43 U.S.C. 2401 et seq. ); and (2) the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 991).", "id": "id6f7a43ffeaf54df29b3933ef06f583e9", "header": "Effect on reclamation laws", "nested": [], "links": [ { "text": "43 U.S.C. 2401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/2401" }, { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] }, { "text": "(f) Additional funding \nNothing in this division prohibits the Fort Belknap Indian Community from seeking— (1) additional funds for Tribal programs or purposes; or (2) funding from the United States or the State based on the status of the Fort Belknap Indian Community as an Indian Tribe.", "id": "id33b515d3db1b4a8e8fd6f0ac74a27e1a", "header": "Additional funding", "nested": [], "links": [] }, { "text": "(g) Rights under state law \nExcept as provided in section 1 of Article III of the Compact (relating to the closing of certain water basins in the State to new appropriations in accordance with the laws of the State), nothing in this division or the Compact precludes the acquisition or exercise of a right arising under State law (as defined in section 6 of Article II of the Compact) to the use of water by the Fort Belknap Indian Community, or a member or allottee of the Fort Belknap Indian Community, outside the Reservation by— (1) purchase of the right; or (2) submitting to the State an application in accordance with State law.", "id": "id26aa69c6f51844f69e21be79d31d2644", "header": "Rights under state law", "nested": [], "links": [] }, { "text": "(h) Water storage and importation \nNothing in this division or the Compact prevents the Fort Belknap Indian Community from participating in any project to import water to, or to add storage in, the Milk River Basin.", "id": "id415b86a154ba4a5ea436cd9febbe3ff3", "header": "Water storage and importation", "nested": [], "links": [] } ], "links": [ { "text": "43 U.S.C. 666", "legal-doc": "usc", "parsable-cite": "usc/43/666" }, { "text": "43 U.S.C. 2401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/2401" }, { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] }, { "text": "11016. Antideficiency \nThe United States shall not be liable for any failure to carry out any obligation or activity authorized by this division, including any obligation or activity under the Compact, if— (1) adequate appropriations are not provided by Congress expressly to carry out the purposes of this division; or (2) there are not enough funds available in the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(a) ) to carry out the purposes of this division.", "id": "id02f5ff2635784089853bdc2270ab3ccb", "header": "Antideficiency", "nested": [], "links": [ { "text": "43 U.S.C. 407(a)", "legal-doc": "usc", "parsable-cite": "usc/43/407" } ] }, { "text": "11001. Short title \nThis subtitle may be cited as the Federal Data Center Enhancement Act of 2023.", "id": "id55AC4E495F5842F1AAF10CBC0EF8BFBE", "header": "Short title", "nested": [], "links": [] }, { "text": "11002. Federal Data Center Consolidation Initiative Amendments \n(a) Findings \nCongress finds the following: (1) The statutory authorization for the Federal Data Center Optimization Initiative under section 834 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 44 U.S.C. 3601 note; Public Law 113–291 ) expired at the end of fiscal year 2022. (2) The expiration of the authorization described in paragraph (1) presents Congress with an opportunity to review the objectives of the Federal Data Center Optimization Initiative to ensure that the initiative is meeting the current needs of the Federal Government. (3) The initial focus of the Federal Data Center Optimization Initiative, which was to consolidate data centers and create new efficiencies, has resulted in, since 2010— (A) the consolidation of more than 6,000 Federal data centers; and (B) cost savings and avoidance of $5,800,000,000. (4) The need of the Federal Government for access to data and data processing systems has evolved since the date of enactment in 2014 of subtitle D of title VIII of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015. (5) Federal agencies and employees involved in mission critical functions increasingly need reliable access to secure, reliable, and protected facilities to house mission critical data and data operations to meet the immediate needs of the people of the United States. (6) As of the date of enactment of this subtitle, there is a growing need for Federal agencies to use data centers and cloud applications that meet high standards for cybersecurity, resiliency, and availability. (b) Minimum requirements for new data centers \nSection 834 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 44 U.S.C. 3601 note; Public Law 113–291 ) is amended— (1) in subsection (a), by striking paragraphs (3) and (4) and inserting the following: (3) New data center \nThe term new data center means— (A) (i) a data center or a portion thereof that is owned, operated, or maintained by a covered agency; or (ii) to the extent practicable, a data center or portion thereof— (I) that is owned, operated, or maintained by a contractor on behalf of a covered agency on the date on which the contract between the covered agency and the contractor expires; and (II) with respect to which the covered agency extends the contract, or enters into a new contract, with the contractor; and (B) on or after the date that is 180 days after the date of enactment of the Federal Data Center Enhancement Act of 2023, a data center or portion thereof that is— (i) established; or (ii) substantially upgraded or expanded. ; (2) by striking subsection (b) and inserting the following: (b) Minimum requirements for new data centers \n(1) In general \nNot later than 180 days after the date of enactment of the Federal Data Center Enhancement Act of 2023, the Administrator shall establish minimum requirements for new data centers in consultation with the Administrator of General Services and the Federal Chief Information Officers Council. (2) Contents \n(A) In general \nThe minimum requirements established under paragraph (1) shall include requirements relating to— (i) the availability of new data centers; (ii) the use of new data centers; (iii) uptime percentage; (iv) protections against power failures, including on-site energy generation and access to multiple transmission paths; (v) protections against physical intrusions and natural disasters; (vi) information security protections required by subchapter II of chapter 35 of title 44, United States Code, and other applicable law and policy; and (vii) any other requirements the Administrator determines appropriate. (B) Consultation \nIn establishing the requirements described in subparagraph (A)(vi), the Administrator shall consult with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director. (3) Incorporation of minimum requirements into current data centers \nAs soon as practicable, and in any case not later than 90 days after the Administrator establishes the minimum requirements pursuant to paragraph (1), the Administrator shall issue guidance to ensure, as appropriate, that covered agencies incorporate the minimum requirements established under that paragraph into the operations of any data center of a covered agency existing as of the date of enactment of the Federal Data Center Enhancement Act of 2023. (4) Review of requirements \nThe Administrator, in consultation with the Administrator of General Services and the Federal Chief Information Officers Council, shall review, update, and modify the minimum requirements established under paragraph (1), as necessary. (5) Report on new data centers \nDuring the development and planning lifecycle of a new data center, if the head of a covered agency determines that the covered agency is likely to make a management or financial decision relating to any data center, the head of the covered agency shall— (A) notify— (i) the Administrator; (ii) Committee on Homeland Security and Governmental Affairs of the Senate ; and (iii) Committee on Oversight and Accountability of the House of Representatives ; and (B) describe in the notification with sufficient detail how the covered agency intends to comply with the minimum requirements established under paragraph (1). (6) Use of technology \nIn determining whether to establish or continue to operate an existing data center, the head of a covered agency shall— (A) regularly assess the application portfolio of the covered agency and ensure that each at-risk legacy application is updated, replaced, or modernized, as appropriate, to take advantage of modern technologies; and (B) prioritize and, to the greatest extent possible, leverage commercial cloud environments rather than acquiring, overseeing, or managing custom data center infrastructure. (7) Public website \n(A) In general \nThe Administrator shall maintain a public-facing website that includes information, data, and explanatory statements relating to the compliance of covered agencies with the requirements of this section. (B) Processes and procedures \nIn maintaining the website described in subparagraph (A), the Administrator shall— (i) ensure covered agencies regularly, and not less frequently than biannually, update the information, data, and explanatory statements posed on the website, pursuant to guidance issued by the Administrator, relating to any new data centers and, as appropriate, each existing data center of the covered agency; and (ii) ensure that all information, data, and explanatory statements on the website are maintained as open Government data assets. ; and (3) in subsection (c), by striking paragraph (1) and inserting the following: (1) In general \nThe head of a covered agency shall oversee and manage the data center portfolio and the information technology strategy of the covered agency in accordance with Federal cybersecurity guidelines and directives, including— (A) information security standards and guidelines promulgated by the Director of the National Institute of Standards and Technology; (B) applicable requirements and guidance issued by the Director of the Office of Management and Budget pursuant to section 3614 of title 44, United States Code; and (C) directives issued by the Secretary of Homeland Security under section 3553 of title 44, United States Code.. (c) Extension of sunset \nSection 834(e) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 44 U.S.C. 3601 note; Public Law 113–291 ) is amended by striking 2022 and inserting 2026. (d) GAO review \nNot later than 1 year after the date of the enactment of this subtitle, and annually thereafter, the Comptroller General of the United States shall review, verify, and audit the compliance of covered agencies with the minimum requirements established pursuant to section 834(b)(1) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 44 U.S.C. 3601 note; Public Law 113–291 ) for new data centers and subsection (b)(3) of that section for existing data centers, as appropriate.", "id": "id0a95720c28ab4913a1e1a7062bd60ecf", "header": "Federal Data Center Consolidation Initiative Amendments", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) The statutory authorization for the Federal Data Center Optimization Initiative under section 834 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 44 U.S.C. 3601 note; Public Law 113–291 ) expired at the end of fiscal year 2022. (2) The expiration of the authorization described in paragraph (1) presents Congress with an opportunity to review the objectives of the Federal Data Center Optimization Initiative to ensure that the initiative is meeting the current needs of the Federal Government. (3) The initial focus of the Federal Data Center Optimization Initiative, which was to consolidate data centers and create new efficiencies, has resulted in, since 2010— (A) the consolidation of more than 6,000 Federal data centers; and (B) cost savings and avoidance of $5,800,000,000. (4) The need of the Federal Government for access to data and data processing systems has evolved since the date of enactment in 2014 of subtitle D of title VIII of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015. (5) Federal agencies and employees involved in mission critical functions increasingly need reliable access to secure, reliable, and protected facilities to house mission critical data and data operations to meet the immediate needs of the people of the United States. (6) As of the date of enactment of this subtitle, there is a growing need for Federal agencies to use data centers and cloud applications that meet high standards for cybersecurity, resiliency, and availability.", "id": "idD0F2425A96184EC0B8342128C7E5C77F", "header": "Findings", "nested": [], "links": [ { "text": "44 U.S.C. 3601", "legal-doc": "usc", "parsable-cite": "usc/44/3601" }, { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" } ] }, { "text": "(b) Minimum requirements for new data centers \nSection 834 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 44 U.S.C. 3601 note; Public Law 113–291 ) is amended— (1) in subsection (a), by striking paragraphs (3) and (4) and inserting the following: (3) New data center \nThe term new data center means— (A) (i) a data center or a portion thereof that is owned, operated, or maintained by a covered agency; or (ii) to the extent practicable, a data center or portion thereof— (I) that is owned, operated, or maintained by a contractor on behalf of a covered agency on the date on which the contract between the covered agency and the contractor expires; and (II) with respect to which the covered agency extends the contract, or enters into a new contract, with the contractor; and (B) on or after the date that is 180 days after the date of enactment of the Federal Data Center Enhancement Act of 2023, a data center or portion thereof that is— (i) established; or (ii) substantially upgraded or expanded. ; (2) by striking subsection (b) and inserting the following: (b) Minimum requirements for new data centers \n(1) In general \nNot later than 180 days after the date of enactment of the Federal Data Center Enhancement Act of 2023, the Administrator shall establish minimum requirements for new data centers in consultation with the Administrator of General Services and the Federal Chief Information Officers Council. (2) Contents \n(A) In general \nThe minimum requirements established under paragraph (1) shall include requirements relating to— (i) the availability of new data centers; (ii) the use of new data centers; (iii) uptime percentage; (iv) protections against power failures, including on-site energy generation and access to multiple transmission paths; (v) protections against physical intrusions and natural disasters; (vi) information security protections required by subchapter II of chapter 35 of title 44, United States Code, and other applicable law and policy; and (vii) any other requirements the Administrator determines appropriate. (B) Consultation \nIn establishing the requirements described in subparagraph (A)(vi), the Administrator shall consult with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director. (3) Incorporation of minimum requirements into current data centers \nAs soon as practicable, and in any case not later than 90 days after the Administrator establishes the minimum requirements pursuant to paragraph (1), the Administrator shall issue guidance to ensure, as appropriate, that covered agencies incorporate the minimum requirements established under that paragraph into the operations of any data center of a covered agency existing as of the date of enactment of the Federal Data Center Enhancement Act of 2023. (4) Review of requirements \nThe Administrator, in consultation with the Administrator of General Services and the Federal Chief Information Officers Council, shall review, update, and modify the minimum requirements established under paragraph (1), as necessary. (5) Report on new data centers \nDuring the development and planning lifecycle of a new data center, if the head of a covered agency determines that the covered agency is likely to make a management or financial decision relating to any data center, the head of the covered agency shall— (A) notify— (i) the Administrator; (ii) Committee on Homeland Security and Governmental Affairs of the Senate ; and (iii) Committee on Oversight and Accountability of the House of Representatives ; and (B) describe in the notification with sufficient detail how the covered agency intends to comply with the minimum requirements established under paragraph (1). (6) Use of technology \nIn determining whether to establish or continue to operate an existing data center, the head of a covered agency shall— (A) regularly assess the application portfolio of the covered agency and ensure that each at-risk legacy application is updated, replaced, or modernized, as appropriate, to take advantage of modern technologies; and (B) prioritize and, to the greatest extent possible, leverage commercial cloud environments rather than acquiring, overseeing, or managing custom data center infrastructure. (7) Public website \n(A) In general \nThe Administrator shall maintain a public-facing website that includes information, data, and explanatory statements relating to the compliance of covered agencies with the requirements of this section. (B) Processes and procedures \nIn maintaining the website described in subparagraph (A), the Administrator shall— (i) ensure covered agencies regularly, and not less frequently than biannually, update the information, data, and explanatory statements posed on the website, pursuant to guidance issued by the Administrator, relating to any new data centers and, as appropriate, each existing data center of the covered agency; and (ii) ensure that all information, data, and explanatory statements on the website are maintained as open Government data assets. ; and (3) in subsection (c), by striking paragraph (1) and inserting the following: (1) In general \nThe head of a covered agency shall oversee and manage the data center portfolio and the information technology strategy of the covered agency in accordance with Federal cybersecurity guidelines and directives, including— (A) information security standards and guidelines promulgated by the Director of the National Institute of Standards and Technology; (B) applicable requirements and guidance issued by the Director of the Office of Management and Budget pursuant to section 3614 of title 44, United States Code; and (C) directives issued by the Secretary of Homeland Security under section 3553 of title 44, United States Code..", "id": "idF2606975DCAC46C3AD0811C4D3DE6883", "header": "Minimum requirements for new data centers", "nested": [], "links": [ { "text": "44 U.S.C. 3601", "legal-doc": "usc", "parsable-cite": "usc/44/3601" }, { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "(c) Extension of sunset \nSection 834(e) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 44 U.S.C. 3601 note; Public Law 113–291 ) is amended by striking 2022 and inserting 2026.", "id": "idD9ADA200A24243CB8B187D7275BE6ED4", "header": "Extension of sunset", "nested": [], "links": [ { "text": "44 U.S.C. 3601", "legal-doc": "usc", "parsable-cite": "usc/44/3601" }, { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" } ] }, { "text": "(d) GAO review \nNot later than 1 year after the date of the enactment of this subtitle, and annually thereafter, the Comptroller General of the United States shall review, verify, and audit the compliance of covered agencies with the minimum requirements established pursuant to section 834(b)(1) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 44 U.S.C. 3601 note; Public Law 113–291 ) for new data centers and subsection (b)(3) of that section for existing data centers, as appropriate.", "id": "id384b34bedab843e5ad24d5c77163867b", "header": "GAO review", "nested": [], "links": [ { "text": "44 U.S.C. 3601", "legal-doc": "usc", "parsable-cite": "usc/44/3601" }, { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" } ] } ], "links": [ { "text": "44 U.S.C. 3601", "legal-doc": "usc", "parsable-cite": "usc/44/3601" }, { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" }, { "text": "44 U.S.C. 3601", "legal-doc": "usc", "parsable-cite": "usc/44/3601" }, { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "44 U.S.C. 3601", "legal-doc": "usc", "parsable-cite": "usc/44/3601" }, { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" }, { "text": "44 U.S.C. 3601", "legal-doc": "usc", "parsable-cite": "usc/44/3601" }, { "text": "Public Law 113–291", "legal-doc": "public-law", "parsable-cite": "pl/113/291" } ] }, { "text": "11101. Short title \nThis subtitle may be cited as the Enhancing DHS Drug Seizures Act.", "id": "id6abb600e-dfd9-4e4a-a683-cbafe1e91dff", "header": "Short title", "nested": [], "links": [] }, { "text": "11102. Coordination and information sharing \n(a) Public-private partnerships \n(1) Strategy \nNot later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a strategy to strengthen existing and establish new public-private partnerships with shipping, chemical, and pharmaceutical industries to assist with early detection and interdiction of illicit drugs and precursor chemicals. (2) Contents \nThe strategy required under paragraph (1) shall contain goals and objectives for employees of the Department of Homeland Security to ensure the tactics, techniques, and procedures gained from the public-private partnerships described in paragraph (1) are included in policies, best practices, and training for the Department. (3) Implementation plan \nNot later than 180 days after developing the strategy required under paragraph (1), the Secretary of Homeland Security shall develop an implementation plan for the strategy, which shall outline departmental lead and support roles, responsibilities, programs, and timelines for accomplishing the goals and objectives of the strategy. (4) Briefing \nThe Secretary of Homeland Security shall provide annual briefings to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the progress made in addressing the implementation plan developed pursuant to paragraph (3). (b) Assessment of drug task forces \n(1) In general \nThe Secretary of Homeland Security shall conduct an assessment of the counterdrug task forces in which the Department of Homeland Security, including components of the Department, participates in or leads, which shall include— (A) areas of potential overlap; (B) opportunities for sharing information and best practices; (C) how the Department’s processes for ensuring accountability and transparency in its vetting and oversight of partner agency task force members align with best practices; and (D) corrective action plans for any capability limitations and deficient or negative findings identified in the report for any such task forces led by the Department. (2) Coordination \nIn conducting the assessment required under paragraph (1), with respect to counterdrug task forces that include foreign partners, the Secretary of Homeland Security shall coordinate with the Secretary of State. (3) Report \n(A) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that contains a summary of the results of the assessment conducted pursuant to paragraph (1). (B) Foreign partners \nIf the report submitted under subparagraph (A) includes information about counterdrug forces that include foreign partners, the Secretary of Homeland Security shall submit the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (4) Corrective action plan \nThe Secretary of Homeland Security shall— (A) implement the corrective action plans described in paragraph (1)(D) immediately after the submission of the report pursuant to paragraph (2); and (B) provide annual briefings to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the progress made in implementing the corrective action plans. (c) Combination of briefings \nThe Secretary of Homeland Security may combine the briefings required under subsections (a)(4) and (b)(3)(B) and provide such combined briefings through fiscal year 2026.", "id": "id89fa2d70-8c71-4877-a3eb-61f01b277236", "header": "Coordination and information sharing", "nested": [ { "text": "(a) Public-private partnerships \n(1) Strategy \nNot later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a strategy to strengthen existing and establish new public-private partnerships with shipping, chemical, and pharmaceutical industries to assist with early detection and interdiction of illicit drugs and precursor chemicals. (2) Contents \nThe strategy required under paragraph (1) shall contain goals and objectives for employees of the Department of Homeland Security to ensure the tactics, techniques, and procedures gained from the public-private partnerships described in paragraph (1) are included in policies, best practices, and training for the Department. (3) Implementation plan \nNot later than 180 days after developing the strategy required under paragraph (1), the Secretary of Homeland Security shall develop an implementation plan for the strategy, which shall outline departmental lead and support roles, responsibilities, programs, and timelines for accomplishing the goals and objectives of the strategy. (4) Briefing \nThe Secretary of Homeland Security shall provide annual briefings to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the progress made in addressing the implementation plan developed pursuant to paragraph (3).", "id": "id178c9a5f-8a94-43de-b847-346409fcdc53", "header": "Public-private partnerships", "nested": [], "links": [] }, { "text": "(b) Assessment of drug task forces \n(1) In general \nThe Secretary of Homeland Security shall conduct an assessment of the counterdrug task forces in which the Department of Homeland Security, including components of the Department, participates in or leads, which shall include— (A) areas of potential overlap; (B) opportunities for sharing information and best practices; (C) how the Department’s processes for ensuring accountability and transparency in its vetting and oversight of partner agency task force members align with best practices; and (D) corrective action plans for any capability limitations and deficient or negative findings identified in the report for any such task forces led by the Department. (2) Coordination \nIn conducting the assessment required under paragraph (1), with respect to counterdrug task forces that include foreign partners, the Secretary of Homeland Security shall coordinate with the Secretary of State. (3) Report \n(A) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that contains a summary of the results of the assessment conducted pursuant to paragraph (1). (B) Foreign partners \nIf the report submitted under subparagraph (A) includes information about counterdrug forces that include foreign partners, the Secretary of Homeland Security shall submit the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (4) Corrective action plan \nThe Secretary of Homeland Security shall— (A) implement the corrective action plans described in paragraph (1)(D) immediately after the submission of the report pursuant to paragraph (2); and (B) provide annual briefings to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the progress made in implementing the corrective action plans.", "id": "idb9c220c6-470f-4095-9553-ecb3278fb945", "header": "Assessment of drug task forces", "nested": [], "links": [] }, { "text": "(c) Combination of briefings \nThe Secretary of Homeland Security may combine the briefings required under subsections (a)(4) and (b)(3)(B) and provide such combined briefings through fiscal year 2026.", "id": "idc2962dcb-d188-4cd3-ac27-8fe0e2d55844", "header": "Combination of briefings", "nested": [], "links": [] } ], "links": [] }, { "text": "11103. Danger pay for Department of Homeland Security personnel deployed abroad \n(a) In general \nSubtitle H of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 451 et seq. ) is amended by inserting after section 881 the following: 881A. Danger pay allowance \n(a) Authorization \nAn employee of the Department, while stationed in a foreign area, may be granted a danger pay allowance, not to exceed 35 percent of the basic pay of such employee, for any period during which such foreign area experiences a civil insurrection, a civil war, ongoing terrorist acts, or wartime conditions that threaten physical harm or imminent danger to the health or well-being of such employee. (b) Notice \nBefore granting or terminating a danger pay allowance to any employee pursuant to subsection (a), the Secretary, after consultation with the Secretary of State, shall notify the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Relations of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on Foreign Affairs of the House of Representatives of— (1) the intent to make such payments and the circumstances justifying such payments; or (2) the intent to terminate such payments and the circumstances justifying such termination..", "id": "idd5102492-19db-4dcd-a452-fc2686de6891", "header": "Danger pay for Department of Homeland Security personnel deployed abroad", "nested": [ { "text": "(a) In general \nSubtitle H of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 451 et seq. ) is amended by inserting after section 881 the following: 881A. Danger pay allowance \n(a) Authorization \nAn employee of the Department, while stationed in a foreign area, may be granted a danger pay allowance, not to exceed 35 percent of the basic pay of such employee, for any period during which such foreign area experiences a civil insurrection, a civil war, ongoing terrorist acts, or wartime conditions that threaten physical harm or imminent danger to the health or well-being of such employee. (b) Notice \nBefore granting or terminating a danger pay allowance to any employee pursuant to subsection (a), the Secretary, after consultation with the Secretary of State, shall notify the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Relations of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on Foreign Affairs of the House of Representatives of— (1) the intent to make such payments and the circumstances justifying such payments; or (2) the intent to terminate such payments and the circumstances justifying such termination..", "id": "id262398c9-cd95-4bd2-9c99-a79336c04384", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 451 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/451" } ] } ], "links": [ { "text": "6 U.S.C. 451 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/451" } ] }, { "text": "881A. Danger pay allowance \n(a) Authorization \nAn employee of the Department, while stationed in a foreign area, may be granted a danger pay allowance, not to exceed 35 percent of the basic pay of such employee, for any period during which such foreign area experiences a civil insurrection, a civil war, ongoing terrorist acts, or wartime conditions that threaten physical harm or imminent danger to the health or well-being of such employee. (b) Notice \nBefore granting or terminating a danger pay allowance to any employee pursuant to subsection (a), the Secretary, after consultation with the Secretary of State, shall notify the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Relations of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on Foreign Affairs of the House of Representatives of— (1) the intent to make such payments and the circumstances justifying such payments; or (2) the intent to terminate such payments and the circumstances justifying such termination.", "id": "id9a1cd7f5-4e77-4840-b1ec-f41ea1915963", "header": "Danger pay allowance", "nested": [ { "text": "(a) Authorization \nAn employee of the Department, while stationed in a foreign area, may be granted a danger pay allowance, not to exceed 35 percent of the basic pay of such employee, for any period during which such foreign area experiences a civil insurrection, a civil war, ongoing terrorist acts, or wartime conditions that threaten physical harm or imminent danger to the health or well-being of such employee.", "id": "idf7e1f719-e4bc-4f1b-9452-54a22222a555", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Notice \nBefore granting or terminating a danger pay allowance to any employee pursuant to subsection (a), the Secretary, after consultation with the Secretary of State, shall notify the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Relations of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on Foreign Affairs of the House of Representatives of— (1) the intent to make such payments and the circumstances justifying such payments; or (2) the intent to terminate such payments and the circumstances justifying such termination.", "id": "ida7393c03-8c07-4918-9b71-82c3a75263a5", "header": "Notice", "nested": [], "links": [] } ], "links": [] }, { "text": "11104. Improving training to foreign-vetted law enforcement or national security units \nThe Secretary of Homeland Security, or the designee of the Secretary, may, with the concurrence of the Secretary of State, provide training to foreign-vetted law enforcement or national security units and may waive reimbursement for salary expenses of such Department of Homeland Security personnel, in accordance with an agreement with the Department of Defense pursuant to section 1535 of title 31, United States Code.", "id": "id4c8e6ea5-c2ad-4495-8c26-a2ab60285a0d", "header": "Improving training to foreign-vetted law enforcement or national security units", "nested": [], "links": [] }, { "text": "11105. Enhancing the operations of U.S. Customs and Border Protection in foreign countries \nSection 411(f) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(f) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Permissible activities \n(A) In general \nEmployees of U.S. Customs and Border Protection and other customs officers designated in accordance with the authorities granted to officers and agents of Air and Marine Operations may, with the concurrence of the Secretary of State, provide the support described in subparagraph (B) to authorities of the government of a foreign country if an arrangement has been entered into between the Government of the United States and the government of such country that permits such support by such employees and officers. (B) Support described \nThe support described in this subparagraph is support for— (i) the monitoring, locating, tracking, and deterrence of— (I) illegal drugs to the United States; (II) the illicit smuggling of persons and goods into the United States; (III) terrorist threats to the United States; and (IV) other threats to the security or economy of the United States; (ii) emergency humanitarian efforts; and (iii) law enforcement capacity-building efforts. (C) Payment of claims \n(i) In general \nSubject to clauses (ii) and (iv), the Secretary, with the concurrence of the Secretary of State, may expend funds that have been appropriated or otherwise made available for the operating expenses of the Department to pay claims for money damages against the United States, in accordance with the first paragraph of section 2672 of title 28, United States Code, which arise in a foreign country in connection with U.S. Customs and Border Protection operations in such country. (ii) Submission deadline \nA claim may be allowed under clause (i) only if it is presented not later than 2 years after it accrues. (iii) Report \nNot later than 90 days after the date on which the expenditure authority under clause (i) expires pursuant to clause (iv), the Secretary shall submit a report to the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate and the Committee on Homeland Security and Committee on Foreign Affairs of the House of Representatives that describes, for each of the payments made pursuant to clause (i)— (I) the foreign entity that received such payment; (II) the amount paid to such foreign entity; (III) the country in which such foreign entity resides or has its principal place of business; and (IV) a detailed account of the circumstances justify such payment. (iv) Sunset \nThe expenditure authority under clause (i) shall expire on the date that is 5 years after the date of the enactment of the Enhancing DHS Drug Seizures Act..", "id": "id3524b9da-6eb1-4bb2-b03e-44b65145772b", "header": "Enhancing the operations of U.S. Customs and Border Protection in foreign countries", "nested": [], "links": [ { "text": "6 U.S.C. 211(f)", "legal-doc": "usc", "parsable-cite": "usc/6/211" } ] }, { "text": "11106. Drug seizure data improvement \n(a) Study \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall conduct a study to identify any opportunities for improving drug seizure data collection. (b) Elements \nThe study required under subsection (a) shall— (1) include a survey of the entities that use drug seizure data; and (2) address— (A) any additional data fields or drug type categories that should be added to U.S. Customs and Border Protection’s SEACATS, U.S. Border Patrol's e3 portal, and any other systems deemed appropriate by the Commissioner of U.S. Customs and Border Protection, in accordance with the first recommendation in the Government Accountability Office's report GAO–22–104725, entitled Border Security: CBP Could Improve How It Categorizes Drug Seizure Data and Evaluates Training ; (B) how all the Department of Homeland Security components that collect drug seizure data can standardize their data collection efforts and deconflict drug seizure reporting; (C) how the Department of Homeland Security can better identify, collect, and analyze additional data on precursor chemicals, synthetic drugs, novel psychoactive substances, and analogues that have been seized by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; and (D) how the Department of Homeland Security can improve its model of anticipated drug flow into the United States. (c) Implementation of findings \nFollowing the completion of the study required under subsection (a)— (1) the Secretary of Homeland Security, in accordance with the Office of National Drug Control Policy’s 2022 National Drug Control Strategy, shall modify Department of Homeland Security drug seizure policies and training programs, as appropriate, consistent with the findings of such study; and (2) the Commissioner of U.S. Customs and Border Protection, in consultation with the Director of U.S. Immigration and Customs Enforcement, shall make any necessary updates to relevant systems to include the results of confirmatory drug testing results.", "id": "id6e48f036-6681-45a2-a590-a7efbe132f0e", "header": "Drug seizure data improvement", "nested": [ { "text": "(a) Study \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall conduct a study to identify any opportunities for improving drug seizure data collection.", "id": "id5c539c92-f43a-48b1-b19e-60d08e749b49", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Elements \nThe study required under subsection (a) shall— (1) include a survey of the entities that use drug seizure data; and (2) address— (A) any additional data fields or drug type categories that should be added to U.S. Customs and Border Protection’s SEACATS, U.S. Border Patrol's e3 portal, and any other systems deemed appropriate by the Commissioner of U.S. Customs and Border Protection, in accordance with the first recommendation in the Government Accountability Office's report GAO–22–104725, entitled Border Security: CBP Could Improve How It Categorizes Drug Seizure Data and Evaluates Training ; (B) how all the Department of Homeland Security components that collect drug seizure data can standardize their data collection efforts and deconflict drug seizure reporting; (C) how the Department of Homeland Security can better identify, collect, and analyze additional data on precursor chemicals, synthetic drugs, novel psychoactive substances, and analogues that have been seized by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; and (D) how the Department of Homeland Security can improve its model of anticipated drug flow into the United States.", "id": "idf0560a79-8dac-49ac-8fb5-f3232ce3632c", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Implementation of findings \nFollowing the completion of the study required under subsection (a)— (1) the Secretary of Homeland Security, in accordance with the Office of National Drug Control Policy’s 2022 National Drug Control Strategy, shall modify Department of Homeland Security drug seizure policies and training programs, as appropriate, consistent with the findings of such study; and (2) the Commissioner of U.S. Customs and Border Protection, in consultation with the Director of U.S. Immigration and Customs Enforcement, shall make any necessary updates to relevant systems to include the results of confirmatory drug testing results.", "id": "id0c2db6e9-87e0-4bb8-a646-6210f1e1bdc8", "header": "Implementation of findings", "nested": [], "links": [] } ], "links": [] }, { "text": "11107. Drug performance measures \nNot later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop and implement a plan to ensure that components of the Department of Homeland Security develop and maintain outcome-based performance measures that adequately assess the success of drug interdiction efforts and how to utilize the existing drug-related metrics and performance measures to achieve the missions, goals, and targets of the Department.", "id": "idefcbdc56-50de-4c2b-8c77-9169bbd72496", "header": "Drug performance measures", "nested": [], "links": [] }, { "text": "11108. Penalties for hindering immigration, border, and customs controls \n(a) Personnel and structures \nTitle II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) is amended by inserting after section 274D the following: 274E. Destroying or evading border controls \n(a) In general \nIt shall be unlawful to knowingly and without lawful authorization— (1) (A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or (B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; and (2) in carrying out an act described in paragraph (1), have the intent to knowingly and willfully— (A) secure a financial gain; (B) further the objectives of a criminal organization; and (C) violate— (i) section 274(a)(1)(A)(i); (ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 )); (iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or (iv) any Federal law relating to border controls measures of the United States. (b) Penalty \nAny person who violates subsection (a) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.. (b) Clerical amendment \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 274D the following: Sec. 274E. Destroying or evading border controls..", "id": "iddfa76c92-ba35-40ae-b8f5-2f690bf21e90", "header": "Penalties for hindering immigration, border, and customs controls", "nested": [ { "text": "(a) Personnel and structures \nTitle II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) is amended by inserting after section 274D the following: 274E. Destroying or evading border controls \n(a) In general \nIt shall be unlawful to knowingly and without lawful authorization— (1) (A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or (B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; and (2) in carrying out an act described in paragraph (1), have the intent to knowingly and willfully— (A) secure a financial gain; (B) further the objectives of a criminal organization; and (C) violate— (i) section 274(a)(1)(A)(i); (ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 )); (iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or (iv) any Federal law relating to border controls measures of the United States. (b) Penalty \nAny person who violates subsection (a) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both..", "id": "id6bd5a365-1d1c-4493-9ade-cf4fa91b4d18", "header": "Personnel and structures", "nested": [], "links": [ { "text": "8 U.S.C. 1151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "Public Law 114–125", "legal-doc": "public-law", "parsable-cite": "pl/114/125" } ] }, { "text": "(b) Clerical amendment \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 274D the following: Sec. 274E. Destroying or evading border controls..", "id": "idb00e1fad-a0b4-4885-a2bd-631acea4a0e9", "header": "Clerical amendment", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "Public Law 114–125", "legal-doc": "public-law", "parsable-cite": "pl/114/125" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "274E. Destroying or evading border controls \n(a) In general \nIt shall be unlawful to knowingly and without lawful authorization— (1) (A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or (B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; and (2) in carrying out an act described in paragraph (1), have the intent to knowingly and willfully— (A) secure a financial gain; (B) further the objectives of a criminal organization; and (C) violate— (i) section 274(a)(1)(A)(i); (ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 )); (iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or (iv) any Federal law relating to border controls measures of the United States. (b) Penalty \nAny person who violates subsection (a) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.", "id": "id5507d9ca-5486-4e29-a05f-b3a8d4de0e27", "header": "Destroying or evading border controls", "nested": [ { "text": "(a) In general \nIt shall be unlawful to knowingly and without lawful authorization— (1) (A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or (B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; and (2) in carrying out an act described in paragraph (1), have the intent to knowingly and willfully— (A) secure a financial gain; (B) further the objectives of a criminal organization; and (C) violate— (i) section 274(a)(1)(A)(i); (ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 )); (iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or (iv) any Federal law relating to border controls measures of the United States.", "id": "id703c742df56d4c7dbe6259a90e3a312b", "header": "In general", "nested": [], "links": [ { "text": "Public Law 114–125", "legal-doc": "public-law", "parsable-cite": "pl/114/125" } ] }, { "text": "(b) Penalty \nAny person who violates subsection (a) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.", "id": "id3A8B24A467D942D893A7266B2FB10927", "header": "Penalty", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 114–125", "legal-doc": "public-law", "parsable-cite": "pl/114/125" } ] }, { "text": "11111. Short title \nThis subtitle may be cited as the Non-Intrusive Inspection Expansion Act.", "id": "id15f173ab-a4b9-4ad4-9eae-58382b05a0e7", "header": "Short title", "nested": [], "links": [] }, { "text": "11112. Use of non-intrusive inspection systems at land ports of entry \n(a) Fiscal year 2026 \nUsing non-intrusive inspection systems acquired through previous appropriations Acts, beginning not later than September 30, 2026, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to scan, cumulatively, at ports of entry where systems are in place by the deadline, not fewer than— (1) 40 percent of passenger vehicles entering the United States; and (2) 90 percent of commercial vehicles entering the United States. (b) Subsequent fiscal years \nBeginning in fiscal year 2027, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to reach the next projected benchmark for incremental scanning of passenger and commercial vehicles entering the United States at such ports of entry. (c) Briefing \nNot later than May 30, 2026, the Commissioner of U.S. Customs and Border Protection shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the progress made during the first half of fiscal year 2026 in achieving the scanning benchmarks described in subsection (a). (d) Report \nIf the scanning benchmarks described in subsection (a) are not met by the end of fiscal year 2026, not later than 120 days after the end of that fiscal year, the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that— (1) analyzes the causes for not meeting such requirements; (2) identifies any resource gaps and challenges; and (3) details the steps that will be taken to ensure compliance with such requirements in the subsequent fiscal year.", "id": "id8fef7867-4f33-4381-ad16-ec56ce4b7043", "header": "Use of non-intrusive inspection systems at land ports of entry", "nested": [ { "text": "(a) Fiscal year 2026 \nUsing non-intrusive inspection systems acquired through previous appropriations Acts, beginning not later than September 30, 2026, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to scan, cumulatively, at ports of entry where systems are in place by the deadline, not fewer than— (1) 40 percent of passenger vehicles entering the United States; and (2) 90 percent of commercial vehicles entering the United States.", "id": "id5835efba-cce2-4238-86aa-93827350e67f", "header": "Fiscal year 2026", "nested": [], "links": [] }, { "text": "(b) Subsequent fiscal years \nBeginning in fiscal year 2027, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to reach the next projected benchmark for incremental scanning of passenger and commercial vehicles entering the United States at such ports of entry.", "id": "id06b328bc-2c79-413e-8bed-ccdf86531d3d", "header": "Subsequent fiscal years", "nested": [], "links": [] }, { "text": "(c) Briefing \nNot later than May 30, 2026, the Commissioner of U.S. Customs and Border Protection shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the progress made during the first half of fiscal year 2026 in achieving the scanning benchmarks described in subsection (a).", "id": "id405aa63f-ac9f-4794-a1cc-b8672516f351", "header": "Briefing", "nested": [], "links": [] }, { "text": "(d) Report \nIf the scanning benchmarks described in subsection (a) are not met by the end of fiscal year 2026, not later than 120 days after the end of that fiscal year, the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that— (1) analyzes the causes for not meeting such requirements; (2) identifies any resource gaps and challenges; and (3) details the steps that will be taken to ensure compliance with such requirements in the subsequent fiscal year.", "id": "id95139fa1-4a8b-4625-ac86-dc47f92e4487", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "11113. Non-intrusive inspection systems for outbound inspections \n(a) Strategy \nNot later than 180 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit a strategy to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives for increasing sustained outbound inspection operations at land ports of entry that includes— (1) the number of existing and planned outbound inspection lanes at each port of entry; (2) infrastructure limitations that limit the ability of U.S. Customs and Border Protection to deploy non-intrusive inspection systems for outbound inspections; (3) the number of additional non-intrusive inspection systems that are necessary to increase scanning capacity for outbound inspections; and (4) plans for funding and acquiring the systems described in paragraph (3). (b) Implementation \nBeginning not later than September 30, 2026, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to scan not fewer than 10 percent of all vehicles exiting the United States through land ports of entry.", "id": "id0fbac886-d9d2-4c8e-97fa-98705bcbf129", "header": "Non-intrusive inspection systems for outbound inspections", "nested": [ { "text": "(a) Strategy \nNot later than 180 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit a strategy to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives for increasing sustained outbound inspection operations at land ports of entry that includes— (1) the number of existing and planned outbound inspection lanes at each port of entry; (2) infrastructure limitations that limit the ability of U.S. Customs and Border Protection to deploy non-intrusive inspection systems for outbound inspections; (3) the number of additional non-intrusive inspection systems that are necessary to increase scanning capacity for outbound inspections; and (4) plans for funding and acquiring the systems described in paragraph (3).", "id": "id61f14f37-bbf8-4aeb-915c-fad295b8b201", "header": "Strategy", "nested": [], "links": [] }, { "text": "(b) Implementation \nBeginning not later than September 30, 2026, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to scan not fewer than 10 percent of all vehicles exiting the United States through land ports of entry.", "id": "id4bd567bf-66b3-4cf1-a225-37c7e6b30f5b", "header": "Implementation", "nested": [], "links": [] } ], "links": [] }, { "text": "11114. GAO review and report \n(a) Review \n(1) In general \nThe Comptroller General of the United States shall conduct a review of the use by U.S. Customs and Border Protection of non-intrusive inspection systems for border security. (2) Elements \nThe review required under paragraph (1) shall— (A) identify— (i) the number and types of non-intrusive inspection systems deployed by U.S. Customs and Border Protection; and (ii) the locations to which such systems have been deployed; and (B) examine the manner in which U.S. Customs and Border Protection— (i) assesses the effectiveness of such systems; and (ii) uses such systems in conjunction with other border security resources and assets, such as border barriers and technology, to detect and interdict drug smuggling and trafficking at the southwest border of the United States. (b) Report \nNot later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives containing the findings of the review conducted pursuant to subsection (a).", "id": "id53118838-b9b9-4260-8880-3df27d26cd51", "header": "GAO review and report", "nested": [ { "text": "(a) Review \n(1) In general \nThe Comptroller General of the United States shall conduct a review of the use by U.S. Customs and Border Protection of non-intrusive inspection systems for border security. (2) Elements \nThe review required under paragraph (1) shall— (A) identify— (i) the number and types of non-intrusive inspection systems deployed by U.S. Customs and Border Protection; and (ii) the locations to which such systems have been deployed; and (B) examine the manner in which U.S. Customs and Border Protection— (i) assesses the effectiveness of such systems; and (ii) uses such systems in conjunction with other border security resources and assets, such as border barriers and technology, to detect and interdict drug smuggling and trafficking at the southwest border of the United States.", "id": "id0cdc72a4-b47d-4e31-9cd0-92870bc55d1c", "header": "Review", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives containing the findings of the review conducted pursuant to subsection (a).", "id": "idbb562b29-6ced-4409-a0e7-24f8a90c5afe", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "11121. Short title \nThis subtitle may be cited as the Securing America's Ports of Entry Act of 2023.", "id": "idD498F100E23E4C1F90C40015FACAF5E5", "header": "Short title", "nested": [], "links": [] }, { "text": "11122. Additional U.S. Customs and Border Protection personnel \n(a) Officers \nSubject to appropriations, the Commissioner of U.S. Customs and Border Protection shall hire, train, and assign not fewer than 600 new U.S. Customs and Border Protection officers above the current attrition level during every fiscal year until the total number of U.S. Customs and Border Protection officers equals and sustains the requirements identified each year in the Workload Staffing Model. (b) Support staff \nThe Commissioner is authorized to hire, train, and assign support staff, including technicians and Enterprise Services mission support, to perform non-law enforcement administrative functions to support the new U.S. Customs and Border Protection officers hired pursuant to subsection (a). (c) Traffic forecasts \nIn calculating the number of U.S. Customs and Border Protection officers needed at each port of entry through the Workload Staffing Model, the Commissioner shall— (1) rely on data collected regarding the inspections and other activities conducted at each such port of entry; (2) consider volume from seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information; (3) consider historical volume and forecasts prior to the COVID–19 pandemic and the impact on international travel; and (4) incorporate personnel requirements for increasing the rate of outbound inspection operations at land ports of entry. (d) GAO report \nIf the Commissioner does not hire the 600 additional U.S. Customs and Border Protection officers authorized under subsection (a) during fiscal year 2024, or during any subsequent fiscal year in which the hiring requirements set forth in the Workload Staffing Model have not been achieved, the Comptroller General of the United States shall— (1) conduct a review of U.S. Customs and Border Protection hiring practices to determine the reasons that such requirements were not achieved and other issues related to hiring by U.S. Customs and Border Protection; and (2) submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Finance of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on Ways and Means of the House of Representatives that describes the results of the review conducted pursuant to paragraph (1).", "id": "id0346E42608FB48F1B082BEEAC202B3FC", "header": "Additional U.S. Customs and Border Protection personnel", "nested": [ { "text": "(a) Officers \nSubject to appropriations, the Commissioner of U.S. Customs and Border Protection shall hire, train, and assign not fewer than 600 new U.S. Customs and Border Protection officers above the current attrition level during every fiscal year until the total number of U.S. Customs and Border Protection officers equals and sustains the requirements identified each year in the Workload Staffing Model.", "id": "id153A083D820D4A4993F67FE8EC2D3F20", "header": "Officers", "nested": [], "links": [] }, { "text": "(b) Support staff \nThe Commissioner is authorized to hire, train, and assign support staff, including technicians and Enterprise Services mission support, to perform non-law enforcement administrative functions to support the new U.S. Customs and Border Protection officers hired pursuant to subsection (a).", "id": "idA6A2DD35DF7843398210CC8FB613240A", "header": "Support staff", "nested": [], "links": [] }, { "text": "(c) Traffic forecasts \nIn calculating the number of U.S. Customs and Border Protection officers needed at each port of entry through the Workload Staffing Model, the Commissioner shall— (1) rely on data collected regarding the inspections and other activities conducted at each such port of entry; (2) consider volume from seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information; (3) consider historical volume and forecasts prior to the COVID–19 pandemic and the impact on international travel; and (4) incorporate personnel requirements for increasing the rate of outbound inspection operations at land ports of entry.", "id": "id462E705AD27642438FBAD66FA5D54EC1", "header": "Traffic forecasts", "nested": [], "links": [] }, { "text": "(d) GAO report \nIf the Commissioner does not hire the 600 additional U.S. Customs and Border Protection officers authorized under subsection (a) during fiscal year 2024, or during any subsequent fiscal year in which the hiring requirements set forth in the Workload Staffing Model have not been achieved, the Comptroller General of the United States shall— (1) conduct a review of U.S. Customs and Border Protection hiring practices to determine the reasons that such requirements were not achieved and other issues related to hiring by U.S. Customs and Border Protection; and (2) submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Finance of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on Ways and Means of the House of Representatives that describes the results of the review conducted pursuant to paragraph (1).", "id": "idED4366E41FE245B59462717ABC7363F9", "header": "GAO report", "nested": [], "links": [] } ], "links": [] }, { "text": "11123. Ports of entry infrastructure enhancement report \nNot later than 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Finance of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on Ways and Means of the House of Representatives that identifies— (1) infrastructure improvements at ports of entry that would enhance the ability of U.S. Customs and Border Protection officers to interdict opioids and other drugs that are being illegally transported into the United States, including a description of circumstances at specific ports of entry that prevent the deployment of technology used at other ports of entry; (2) detection equipment that would improve the ability of such officers to identify opioids, including precursors and derivatives, that are being illegally transported into the United States; and (3) safety equipment that would protect such officers from accidental exposure to such drugs or other dangers associated with the inspection of potential drug traffickers.", "id": "id467c757b73304ab6ba730d8af9f1d0f2", "header": "Ports of entry infrastructure enhancement report", "nested": [], "links": [] }, { "text": "11124. Reporting requirements \n(a) Temporary duty assignments \n(1) Quarterly report \nThe Commissioner of U.S. Customs and Border Protection shall submit a quarterly report to the appropriate congressional committees that includes, for the reporting period— (A) the number of temporary duty assignments; (B) the number of U.S. Customs and Border Protection officers required for each temporary duty assignment; (C) the ports of entry from which such officers were reassigned; (D) the ports of entry to which such officers were reassigned; (E) the ports of entry at which reimbursable service agreements have been entered into that may be affected by temporary duty assignments; (F) the duration of each temporary duty assignment; (G) the cost of each temporary duty assignment; and (H) the extent to which the temporary duty assignments within the reporting period were in support of the other U.S. Customs and Border Protection activities or operations along the southern border of the United States, including the specific costs associated with such temporary duty assignments. (2) Notice \nNot later than 10 days before redeploying employees from 1 port of entry to another, absent emergency circumstances— (A) the Commissioner shall notify the director of the port of entry from which employees will be reassigned of the intended redeployments; and (B) the port director shall notify impacted facilities (including airports, seaports, and land ports) of the intended redeployments. (3) Staff briefing \nThe Commissioner shall brief all affected U.S. Customs and Border Protection employees regarding plans to mitigate vulnerabilities created by any planned staffing reductions at ports of entry. (b) Reports on U.S. Customs and Border Protection agreements \nSection 907(a) of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4451(a) ) is amended— (1) in paragraph (3), by striking and an assessment and all that follows and inserting a period; (2) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; (3) by inserting after paragraph (3) the following: (4) A description of the factors that were considered before entering into the agreement, including an assessment of how the agreement provides economic benefits and security benefits (if applicable) at the port of entry to which the agreement relates. ; and (4) in paragraph (5), as redesignated by paragraph (2), by inserting after the report the following: , including the locations of such services and the total hours of reimbursable services under the agreement, if any. (c) Annual workload staffing model report \nAs part of the Annual Report on Staffing required under section 411(g)(5)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(g)(5)(A) ), the Commissioner shall include— (1) information concerning the progress made toward meeting the U.S. Customs and Border Protection officer and support staff hiring targets set forth in section 2, while accounting for attrition; (2) an update to the information provided in the Resource Optimization at the Ports of Entry report, which was submitted to Congress on September 12, 2017, pursuant to the Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115–31 ); and (3) a summary of the information included in the reports required under subsection (a) and section 907(a) of the Trade Facilitation and Trade Enforcement Act of 2015, as amended by subsection (b). (d) CBP One mobile application \nDuring the 2-year period beginning on the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall publish a monthly report on the use of the CBP One mobile application, including, with respect to each reporting period— (1) the number of application registration attempts made through CBP One pursuant to the Circumvention of Lawful Pathways final rule (88 Fed. Reg. 31314 (May 16, 2023)) that resulted in a system error, disaggregated by error type; (2) the total number of noncitizens who successfully registered appointments through CBP One pursuant to such rule; (3) the total number of appointments made through CBP One pursuant to such rule that went unused; (4) the total number of individuals who have been granted parole with a Notice to Appear subsequent to appointments scheduled for such individuals through CBP One pursuant to such rule; and (5) the total number of noncitizens who have been issued a Notice to Appear and have been transferred to U.S. Immigration and Customs Enforcement custody subsequent to appointments scheduled for such noncitizens through CBP One pursuant to such rule. (e) Defined term \nIn this section, the term appropriate congressional committees means— (1) the Committee on Homeland Security and Governmental Affairs of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Finance of the Senate ; (4) the Committee on Homeland Security of the House of Representatives (5) the Committee on Appropriations of the House of Representatives ; and (6) the Committee on Ways and Means of the House of Representatives.", "id": "id66EC6AF4DD0A4D16B6055C8D25915AE1", "header": "Reporting requirements", "nested": [ { "text": "(a) Temporary duty assignments \n(1) Quarterly report \nThe Commissioner of U.S. Customs and Border Protection shall submit a quarterly report to the appropriate congressional committees that includes, for the reporting period— (A) the number of temporary duty assignments; (B) the number of U.S. Customs and Border Protection officers required for each temporary duty assignment; (C) the ports of entry from which such officers were reassigned; (D) the ports of entry to which such officers were reassigned; (E) the ports of entry at which reimbursable service agreements have been entered into that may be affected by temporary duty assignments; (F) the duration of each temporary duty assignment; (G) the cost of each temporary duty assignment; and (H) the extent to which the temporary duty assignments within the reporting period were in support of the other U.S. Customs and Border Protection activities or operations along the southern border of the United States, including the specific costs associated with such temporary duty assignments. (2) Notice \nNot later than 10 days before redeploying employees from 1 port of entry to another, absent emergency circumstances— (A) the Commissioner shall notify the director of the port of entry from which employees will be reassigned of the intended redeployments; and (B) the port director shall notify impacted facilities (including airports, seaports, and land ports) of the intended redeployments. (3) Staff briefing \nThe Commissioner shall brief all affected U.S. Customs and Border Protection employees regarding plans to mitigate vulnerabilities created by any planned staffing reductions at ports of entry.", "id": "idC4130E2FD1E2443FA389829B661F18D5", "header": "Temporary duty assignments", "nested": [], "links": [] }, { "text": "(b) Reports on U.S. Customs and Border Protection agreements \nSection 907(a) of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4451(a) ) is amended— (1) in paragraph (3), by striking and an assessment and all that follows and inserting a period; (2) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; (3) by inserting after paragraph (3) the following: (4) A description of the factors that were considered before entering into the agreement, including an assessment of how the agreement provides economic benefits and security benefits (if applicable) at the port of entry to which the agreement relates. ; and (4) in paragraph (5), as redesignated by paragraph (2), by inserting after the report the following: , including the locations of such services and the total hours of reimbursable services under the agreement, if any.", "id": "id818bf9b954d945c7961713c2451c5797", "header": "Reports on U.S. Customs and Border Protection agreements", "nested": [], "links": [ { "text": "19 U.S.C. 4451(a)", "legal-doc": "usc", "parsable-cite": "usc/19/4451" } ] }, { "text": "(c) Annual workload staffing model report \nAs part of the Annual Report on Staffing required under section 411(g)(5)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(g)(5)(A) ), the Commissioner shall include— (1) information concerning the progress made toward meeting the U.S. Customs and Border Protection officer and support staff hiring targets set forth in section 2, while accounting for attrition; (2) an update to the information provided in the Resource Optimization at the Ports of Entry report, which was submitted to Congress on September 12, 2017, pursuant to the Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115–31 ); and (3) a summary of the information included in the reports required under subsection (a) and section 907(a) of the Trade Facilitation and Trade Enforcement Act of 2015, as amended by subsection (b).", "id": "idfb3c6c7b00194a7db6da3a60dde4ccd1", "header": "Annual workload staffing model report", "nested": [], "links": [ { "text": "6 U.S.C. 211(g)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/6/211" }, { "text": "Public Law 115–31", "legal-doc": "public-law", "parsable-cite": "pl/115/31" } ] }, { "text": "(d) CBP One mobile application \nDuring the 2-year period beginning on the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall publish a monthly report on the use of the CBP One mobile application, including, with respect to each reporting period— (1) the number of application registration attempts made through CBP One pursuant to the Circumvention of Lawful Pathways final rule (88 Fed. Reg. 31314 (May 16, 2023)) that resulted in a system error, disaggregated by error type; (2) the total number of noncitizens who successfully registered appointments through CBP One pursuant to such rule; (3) the total number of appointments made through CBP One pursuant to such rule that went unused; (4) the total number of individuals who have been granted parole with a Notice to Appear subsequent to appointments scheduled for such individuals through CBP One pursuant to such rule; and (5) the total number of noncitizens who have been issued a Notice to Appear and have been transferred to U.S. Immigration and Customs Enforcement custody subsequent to appointments scheduled for such noncitizens through CBP One pursuant to such rule.", "id": "id016bd90a8b3a4139ab72d8596d1c6745", "header": "CBP One mobile application", "nested": [], "links": [] }, { "text": "(e) Defined term \nIn this section, the term appropriate congressional committees means— (1) the Committee on Homeland Security and Governmental Affairs of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Finance of the Senate ; (4) the Committee on Homeland Security of the House of Representatives (5) the Committee on Appropriations of the House of Representatives ; and (6) the Committee on Ways and Means of the House of Representatives.", "id": "ida10f9fc657b74fe98501e64c0bb1f0d2", "header": "Defined term", "nested": [], "links": [] } ], "links": [ { "text": "19 U.S.C. 4451(a)", "legal-doc": "usc", "parsable-cite": "usc/19/4451" }, { "text": "6 U.S.C. 211(g)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/6/211" }, { "text": "Public Law 115–31", "legal-doc": "public-law", "parsable-cite": "pl/115/31" } ] }, { "text": "11125. Authorization of appropriations \nThere is authorized to be appropriated to carry out this subtitle— (1) $136,292,948 for fiscal year 2024; and (2) $156,918,590 for each of the fiscal years 2025 through 2029.", "id": "idCA0A5D39A4074B988C400A9955756B94", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "11131. Short title \nThis subtitle may be cited as the Border Patrol Enhancement Act.", "id": "id53E4AE56CC0A4B529A15AFE04897EBA8", "header": "Short title", "nested": [], "links": [] }, { "text": "11132. Authorized staffing level for the United States Border Patrol \n(a) Defined term \nIn this subtitle, the term validated personnel requirements determination model means a determination of the number of United States Border Patrol agents needed to meet the critical mission requirements of the United States Border Patrol to maintain an orderly process for migrants entering the United States, that has been validated by a qualified research entity pursuant to subsection (c). (b) United States Border Patrol personnel requirements determination model \n(1) Completion; notice \nNot later than 180 days after the date of the enactment of this Act, the Commissioner shall complete a personnel requirements determination model for United States Border Patrol that builds on the 5-year United States Border Patrol staffing and deployment plan referred to on page 33 of House of Representatives Report 112–91 (May 26, 2011) and submit a notice of completion to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on Homeland Security of the House of Representatives ; (C) the Director of the Office of Personnel Management; and (D) the Comptroller General of the United States. (2) Certification \nNot later than 30 days after the completion of the personnel requirements determination model described in paragraph (1), the Commissioner shall submit a copy of such model, an explanation of its development, and a strategy for obtaining independent verification of such model, to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on Homeland Security of the House of Representatives ; (C) the Office of Personnel Management; and (D) the Comptroller General of the United States. (c) Independent study of personnel requirements determination model \n(1) Requirement for study \nNot later than 90 days after the completion of the personnel requirements determination model pursuant to subsection (b)(1), the Secretary of Homeland Security shall select an entity that is technically, managerially, and financially independent from the Department of Homeland Security to conduct an independent verification and validation of the model. (2) Reports \n(A) To secretary \nNot later than 1 year after the completion of the personnel requirements determination model under subsection (b)(1), the entity performing the independent verification and validation of the model shall submit a report to the Secretary of Homeland Security that includes— (i) the results of the study conducted pursuant to paragraph (1); and (ii) any recommendations regarding the model that such entity considers to be appropriate. (B) To congress \nNot later than 30 days after receiving the report described in subparagraph (A), the Secretary of Homeland Security shall submit such report, along with any additional views or recommendations regarding the personnel requirements determination model, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (d) Authority To hire additional personnel \nBeginning on the date that is 180 days after receiving a report from a qualified research entity pursuant to subsection (c)(2) that validates the personnel requirements determination model and after implementing any recommendations to improve or update such model, the Secretary of Homeland Security may hire, train, and assign 600 or more United States Border Patrol agents above the attrition level during every fiscal year until the number of active agents meets the level recommended by the validated personnel requirements determination model.", "id": "idc563e1a6f6954538bac6e9495d7e2570", "header": "Authorized staffing level for the United States Border Patrol", "nested": [ { "text": "(a) Defined term \nIn this subtitle, the term validated personnel requirements determination model means a determination of the number of United States Border Patrol agents needed to meet the critical mission requirements of the United States Border Patrol to maintain an orderly process for migrants entering the United States, that has been validated by a qualified research entity pursuant to subsection (c).", "id": "id6BADFB7D359A4374AE416EA5FF93B855", "header": "Defined term", "nested": [], "links": [] }, { "text": "(b) United States Border Patrol personnel requirements determination model \n(1) Completion; notice \nNot later than 180 days after the date of the enactment of this Act, the Commissioner shall complete a personnel requirements determination model for United States Border Patrol that builds on the 5-year United States Border Patrol staffing and deployment plan referred to on page 33 of House of Representatives Report 112–91 (May 26, 2011) and submit a notice of completion to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on Homeland Security of the House of Representatives ; (C) the Director of the Office of Personnel Management; and (D) the Comptroller General of the United States. (2) Certification \nNot later than 30 days after the completion of the personnel requirements determination model described in paragraph (1), the Commissioner shall submit a copy of such model, an explanation of its development, and a strategy for obtaining independent verification of such model, to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on Homeland Security of the House of Representatives ; (C) the Office of Personnel Management; and (D) the Comptroller General of the United States.", "id": "idA669B5D00D32494C8D82ADFB040F1A98", "header": "United States Border Patrol personnel requirements determination model", "nested": [], "links": [] }, { "text": "(c) Independent study of personnel requirements determination model \n(1) Requirement for study \nNot later than 90 days after the completion of the personnel requirements determination model pursuant to subsection (b)(1), the Secretary of Homeland Security shall select an entity that is technically, managerially, and financially independent from the Department of Homeland Security to conduct an independent verification and validation of the model. (2) Reports \n(A) To secretary \nNot later than 1 year after the completion of the personnel requirements determination model under subsection (b)(1), the entity performing the independent verification and validation of the model shall submit a report to the Secretary of Homeland Security that includes— (i) the results of the study conducted pursuant to paragraph (1); and (ii) any recommendations regarding the model that such entity considers to be appropriate. (B) To congress \nNot later than 30 days after receiving the report described in subparagraph (A), the Secretary of Homeland Security shall submit such report, along with any additional views or recommendations regarding the personnel requirements determination model, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.", "id": "idd1beefd45a86412f955f9d9947a699fd", "header": "Independent study of personnel requirements determination model", "nested": [], "links": [] }, { "text": "(d) Authority To hire additional personnel \nBeginning on the date that is 180 days after receiving a report from a qualified research entity pursuant to subsection (c)(2) that validates the personnel requirements determination model and after implementing any recommendations to improve or update such model, the Secretary of Homeland Security may hire, train, and assign 600 or more United States Border Patrol agents above the attrition level during every fiscal year until the number of active agents meets the level recommended by the validated personnel requirements determination model.", "id": "id7bf682514c4a419db9bc41b29afcb431", "header": "Authority To hire additional personnel", "nested": [], "links": [] } ], "links": [] }, { "text": "11133. Establishment of higher rates of regularly scheduled overtime pay for United States Border Patrol agents classified at GS–12 \nSection 5550 of title 5, United States Code, is amended by adding at the end the following: (h) Special overtime pay for GS–12 border patrol agents \n(1) In general \nNotwithstanding paragraphs (1)(F), (2)(C), and (3)(C) of subsection (b), a border patrol agent encumbering a position at grade GS–12 shall receive a special overtime payment under this subsection for hours of regularly scheduled work described in paragraph (2)(A)(ii) or (3)(A)(ii) of subsection (b), as applicable, that are credited to the agent through actual performance of work, crediting under rules for canine agents under subsection (b)(1)(F), or substitution of overtime hours in the same work period under subsection (f)(2)(A), except that no such payment may be made for periods of absence resulting in an hours obligation under paragraph (3) or (4) of subsection (f). (2) Computation \nThe special overtime payment authorized under paragraph (1) shall be computed by multiplying the credited hours by 50 percent of the border patrol agent’s hourly rate of basic pay, rounded to the nearest cent. (3) Limitations \nThe special overtime payment authorized under paragraph (1)— (A) is not considered basic pay for retirement under section 8331(3) or 8401(4) or for any other purpose; (B) is not payable during periods of paid leave or other paid time off; and (C) is not considered in computing an agent’s lump-sum annual leave payment under sections 5551 and 5552..", "id": "id8E9957B9642E4968822084F45919EFA9", "header": "Establishment of higher rates of regularly scheduled overtime pay for United States Border Patrol agents classified at GS–12", "nested": [], "links": [] }, { "text": "11134. GAO assessment of recruiting efforts, hiring requirements, and retention of law enforcement personnel \nThe Comptroller General of the United States shall— (1) conduct an assessment of U.S. Customs and Border Protection’s— (A) efforts to recruit law enforcement personnel; (B) hiring process and job requirements relating to such recruitment; and (C) retention of law enforcement personnel, including the impact of employee compensation on such retention efforts; and (2) not later than 2 years after the date of the enactment of this Act, submit a report containing the results of such assessment to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (B) the Committee on Homeland Security of the House of Representatives.", "id": "id4c94c08f13704c408ccf9428cf1f8106", "header": "GAO assessment of recruiting efforts, hiring requirements, and retention of law enforcement personnel", "nested": [], "links": [] }, { "text": "11135. Continuing training \n(a) In general \nThe Commissioner shall require all United States Border Patrol agents and other employees or contracted employees designated by the Commissioner, to participate in annual continuing training to maintain and update their understanding of— (1) Department of Homeland Security policies, procedures, and guidelines; (2) the fundamentals of law, ethics, and professional conduct; (3) applicable Federal law and regulations; (4) precedential legal rulings, including Federal Circuit Court and United States Supreme Court opinions relating to the duty of care and treatment of persons in the custody of the United States Border Patrol that the Commissioner determines are relevant to active duty agents; (5) applicable migration trends that the Commissioner determines are relevant; (6) best practices for coordinating with community stakeholders; and (7) any other information that the Commissioner determines to be relevant to active duty agents. (b) Training subjects \nContinuing training under this subsection shall include training regarding— (1) non-lethal use of force policies available to United States Border Patrol agents and de-escalation strategies and methods; (2) identifying, screening, and responding to vulnerable populations, such as children, persons with diminished mental capacity, victims of human trafficking, pregnant mothers, victims of gender-based violence, victims of torture or abuse, and the acutely ill; (3) trends in transnational criminal organization activities that impact border security and migration; (4) policies, strategies, and programs— (A) to protect due process, the civil, human, and privacy rights of individuals, and the private property rights of land owners; (B) to reduce the number of migrant and agent deaths; and (C) to improve the safety of agents on patrol; (5) personal resilience; (6) anti-corruption and officer ethics training; (7) current migration trends, including updated cultural and societal issues of nations that are a significant source of migrants who are— (A) arriving at a United States port of entry to seek humanitarian protection; or (B) encountered at a United States international boundary while attempting to enter without inspection; (8) the impact of border security operations on natural resources and the environment, including strategies to limit the impact of border security operations on natural resources and the environment; (9) relevant cultural, societal, racial, and religious training, including cross-cultural communication skills; (10) training authorized under the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15601 et seq. ); (11) risk management and safety training that includes agency protocols for ensuring public safety, personal safety, and the safety of persons in the custody of the Department of Homeland Security; (12) non-lethal, self-defense training; and (13) any other training that meets the requirements to maintain and update the subjects identified in subsection (a). (c) Course requirements \nCourses offered under this section— (1) shall be administered by the United States Border Patrol, in consultation with the Federal Law Enforcement Training Center; and (2) shall be approved in advance by the Commissioner of U.S. Customs and Border Protection to ensure that such courses satisfy the requirements for training under this section. (d) Assessment \nNot later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that assesses the training and education provided pursuant to this section, including continuing education. (e) Frequency requirements \nTraining offered as part of continuing education under this section shall include— (1) annual courses focusing on the curriculum described in paragraphs (1) through (6) of subsection (b); and (2) biannual courses focusing on curriculum described in paragraphs (7) through (12) of subsection (b).", "id": "id2da203bcd9b246daa68114ec98c9232c", "header": "Continuing training", "nested": [ { "text": "(a) In general \nThe Commissioner shall require all United States Border Patrol agents and other employees or contracted employees designated by the Commissioner, to participate in annual continuing training to maintain and update their understanding of— (1) Department of Homeland Security policies, procedures, and guidelines; (2) the fundamentals of law, ethics, and professional conduct; (3) applicable Federal law and regulations; (4) precedential legal rulings, including Federal Circuit Court and United States Supreme Court opinions relating to the duty of care and treatment of persons in the custody of the United States Border Patrol that the Commissioner determines are relevant to active duty agents; (5) applicable migration trends that the Commissioner determines are relevant; (6) best practices for coordinating with community stakeholders; and (7) any other information that the Commissioner determines to be relevant to active duty agents.", "id": "idb14a58348b14422783b11060140b3a02", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Training subjects \nContinuing training under this subsection shall include training regarding— (1) non-lethal use of force policies available to United States Border Patrol agents and de-escalation strategies and methods; (2) identifying, screening, and responding to vulnerable populations, such as children, persons with diminished mental capacity, victims of human trafficking, pregnant mothers, victims of gender-based violence, victims of torture or abuse, and the acutely ill; (3) trends in transnational criminal organization activities that impact border security and migration; (4) policies, strategies, and programs— (A) to protect due process, the civil, human, and privacy rights of individuals, and the private property rights of land owners; (B) to reduce the number of migrant and agent deaths; and (C) to improve the safety of agents on patrol; (5) personal resilience; (6) anti-corruption and officer ethics training; (7) current migration trends, including updated cultural and societal issues of nations that are a significant source of migrants who are— (A) arriving at a United States port of entry to seek humanitarian protection; or (B) encountered at a United States international boundary while attempting to enter without inspection; (8) the impact of border security operations on natural resources and the environment, including strategies to limit the impact of border security operations on natural resources and the environment; (9) relevant cultural, societal, racial, and religious training, including cross-cultural communication skills; (10) training authorized under the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15601 et seq. ); (11) risk management and safety training that includes agency protocols for ensuring public safety, personal safety, and the safety of persons in the custody of the Department of Homeland Security; (12) non-lethal, self-defense training; and (13) any other training that meets the requirements to maintain and update the subjects identified in subsection (a).", "id": "idd8787363415f4f19b003df2894d30e88", "header": "Training subjects", "nested": [], "links": [ { "text": "42 U.S.C. 15601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/15601" } ] }, { "text": "(c) Course requirements \nCourses offered under this section— (1) shall be administered by the United States Border Patrol, in consultation with the Federal Law Enforcement Training Center; and (2) shall be approved in advance by the Commissioner of U.S. Customs and Border Protection to ensure that such courses satisfy the requirements for training under this section.", "id": "id3043dc8de337428bb88a2c1e1df449e0", "header": "Course requirements", "nested": [], "links": [] }, { "text": "(d) Assessment \nNot later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that assesses the training and education provided pursuant to this section, including continuing education.", "id": "idfde68066eaa44ee49774159838497ba6", "header": "Assessment", "nested": [], "links": [] }, { "text": "(e) Frequency requirements \nTraining offered as part of continuing education under this section shall include— (1) annual courses focusing on the curriculum described in paragraphs (1) through (6) of subsection (b); and (2) biannual courses focusing on curriculum described in paragraphs (7) through (12) of subsection (b).", "id": "id48df0a3b227a413f8223ff176977166e", "header": "Frequency requirements", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 15601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/15601" } ] }, { "text": "11136. Reporting requirements \n(a) Recruitment and retention report \nThe Comptroller General of the United States shall— (1) conduct a study of the recruitment and retention of female agents in the United States Border Patrol that examines— (A) the recruitment, application processes, training, promotion, and other aspects of employment for women in the United States Border Patrol; (B) the training, complaints system, and redress for sexual harassment and assault; and (C) additional issues related to recruitment and retention of female Border Patrol agents; and (2) not later than 1 year after the date of the enactment of this Act, submit a report containing the results of such study and recommendations for addressing any identified deficiencies or opportunities for improvement to— (A) the Commissioner of U.S. Customs and Border Protection; (B) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (C) the Committee on Homeland Security of the House of Representatives. (b) Implementation report \nNot later than 90 days after receiving the recruitment and retention report required under subsection (a), the Commissioner shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes the status of the Commissioner’s efforts to implement any recommendations included in recruitment and retention report.", "id": "ida640fb8ec5fc449ab541140696f9f882", "header": "Reporting requirements", "nested": [ { "text": "(a) Recruitment and retention report \nThe Comptroller General of the United States shall— (1) conduct a study of the recruitment and retention of female agents in the United States Border Patrol that examines— (A) the recruitment, application processes, training, promotion, and other aspects of employment for women in the United States Border Patrol; (B) the training, complaints system, and redress for sexual harassment and assault; and (C) additional issues related to recruitment and retention of female Border Patrol agents; and (2) not later than 1 year after the date of the enactment of this Act, submit a report containing the results of such study and recommendations for addressing any identified deficiencies or opportunities for improvement to— (A) the Commissioner of U.S. Customs and Border Protection; (B) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (C) the Committee on Homeland Security of the House of Representatives.", "id": "id70689991c2964a528002209e401b4976", "header": "Recruitment and retention report", "nested": [], "links": [] }, { "text": "(b) Implementation report \nNot later than 90 days after receiving the recruitment and retention report required under subsection (a), the Commissioner shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes the status of the Commissioner’s efforts to implement any recommendations included in recruitment and retention report.", "id": "ida344316491434fa98ab4f64faa29a388", "header": "Implementation report", "nested": [], "links": [] } ], "links": [] }, { "text": "11141. Short titles \nThis subtitle may be cited as the Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life Act or the END FENTANYL Act.", "id": "id8d8689d8-f5a4-47fc-9743-f1e73fc3967b", "header": "Short titles", "nested": [], "links": [] }, { "text": "11142. Ensuring timely updates to U.S. Customs and Border Protection field manuals \n(a) In general \nNot less frequently than triennially, the Commissioner of U.S. Customs and Border Protection shall review and update, as necessary, the current policies and manuals of the Office of Field Operations related to inspections at ports of entry to ensure the uniform implementation of inspection practices that will effectively respond to technological and methodological changes designed to disguise illegal activity, such as the smuggling of drugs and humans, along the border. (b) Reporting requirement \nShortly after each update required under subsection (a), the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that summarizes the policy and manual changes implemented by such update.", "id": "id33354384-ac47-4977-995f-a38bf7a8bd27", "header": "Ensuring timely updates to U.S. Customs and Border Protection field manuals", "nested": [ { "text": "(a) In general \nNot less frequently than triennially, the Commissioner of U.S. Customs and Border Protection shall review and update, as necessary, the current policies and manuals of the Office of Field Operations related to inspections at ports of entry to ensure the uniform implementation of inspection practices that will effectively respond to technological and methodological changes designed to disguise illegal activity, such as the smuggling of drugs and humans, along the border.", "id": "ida58bb641-f9c5-4afd-ad1b-9116acc8bcd5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Reporting requirement \nShortly after each update required under subsection (a), the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that summarizes the policy and manual changes implemented by such update.", "id": "idcb86efe2-f9ea-4406-a4b2-ca2c4cf857b5", "header": "Reporting requirement", "nested": [], "links": [] } ], "links": [] }, { "text": "11201. Short title \nThis subtitle may be cited as the Lobbying Disclosure Improvement Act.", "id": "idAFCECF817A6F45E09212C4ED112E0BA5", "header": "Short title", "nested": [], "links": [] }, { "text": "11202. Registrant disclosure regarding foreign agent registration exemption \nSection 4(b) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(b) ) is amended— (1) in paragraph (6), by striking ; and and inserting a semicolon; (2) in paragraph (7), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (8) a statement as to whether the registrant is exempt under section 3(h) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 613(h) )..", "id": "idBD77B127FFFE45698512702B69618903", "header": "Registrant disclosure regarding foreign agent registration exemption", "nested": [], "links": [ { "text": "2 U.S.C. 1603(b)", "legal-doc": "usc", "parsable-cite": "usc/2/1603" }, { "text": "22 U.S.C. 613(h)", "legal-doc": "usc", "parsable-cite": "usc/22/613" } ] }, { "text": "11211. Short title \nThis subtitle may be cited as the Disclosing Foreign Influence in Lobbying Act.", "id": "id8e966649dfe04ccd8bc86dc81f8db2cf", "header": "Short title", "nested": [], "links": [] }, { "text": "11212. Clarification of contents of registration \nSection 4(b) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(b) ), as amended by section 11202 of this title, is amended— (1) in paragraph (8), as added by section 11202 of this title, by striking the period at the end and inserting ; and ; and (2) by adding at the end the following: (9) notwithstanding paragraph (4), the name and address of each government of a foreign country (including any agency or subdivision of a government of a foreign country, such as a regional or municipal unit of government) and foreign political party, other than the client, that participates in the direction, planning, supervision, or control of any lobbying activities of the registrant..", "id": "idEC3C30455FBA440DB3132A45A5E8F736", "header": "Clarification of contents of registration", "nested": [], "links": [ { "text": "2 U.S.C. 1603(b)", "legal-doc": "usc", "parsable-cite": "usc/2/1603" }, { "text": "section 11202", "legal-doc": "usc", "parsable-cite": "usc/26/11202" }, { "text": "section 11202", "legal-doc": "usc", "parsable-cite": "usc/26/11202" } ] }, { "text": "11301. Government-wide study \n(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of General Services. (2) Beneficial owner \n(A) In general \nThe term beneficial owner , with respect to a covered entity, means each natural person who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise— (i) exercises substantial control over the covered entity; or (ii) owns or controls not less than 25 percent of the ownership interests of, or receives substantial economic benefits from the assets of, the covered entity. (B) Exclusions \nThe term beneficial owner , with respect to a covered entity, does not include— (i) a minor; (ii) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (iii) a person acting solely as an employee of the covered entity and whose control over or economic benefits from the covered entity derives solely from the employment status of the person; (iv) a person whose only interest in the covered entity is through a right of inheritance, unless the person also meets the requirements of subparagraph (A); or (v) a creditor of the covered entity, unless the creditor also meets the requirements of subparagraph (A). (C) Anti-abuse rule \nThe exclusions under subparagraph (B) shall not apply if, in the determination of the Administrator, an exclusion is used for the purpose of evading, circumventing, or abusing the requirements of this Act. (3) Control \nThe term control , with respect to a covered entity, means— (A) having the authority or ability to determine how the covered entity is utilized; or (B) having some decisionmaking power for the use of the covered entity. (4) Covered entity \nThe term covered entity means— (A) a person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or (B) any governmental entity or instrumentality of a government. (5) Executive agency \nThe term Executive agency has the meaning given the term in section 105 of title 5, United States Code. (6) Federal agency \nThe term Federal agency means— (A) an Executive agency; and (B) any establishment in the legislative or judicial branch of the Federal Government. (7) Federal lessee \n(A) In general \nThe term Federal lessee means— (i) the Administrator; (ii) the Architect of the Capitol; and (iii) the head of any other Federal agency that has independent statutory leasing authority. (B) Exclusions \nThe term Federal lessee does not include— (i) the head of an element of the intelligence community; or (ii) the Secretary of Defense. (8) Federal tenant \n(A) In general \nThe term Federal tenant means a Federal agency that is occupying or will occupy a high-security leased space for which a lease agreement has been secured on behalf of the Federal agency. (B) Exclusion \nThe term Federal tenant does not include an element of the intelligence community. (9) Foreign entity \nThe term foreign entity means— (A) a corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group that is headquartered in or organized under the laws of— (i) a country that is not the United States; or (ii) a State, unit of local government, or Indian Tribe that is not located within or a territory of the United States; or (B) a government or governmental instrumentality that is not— (i) the United States Government; or (ii) a State, unit of local government, or Indian Tribe that is located within or a territory of the United States. (10) Foreign person \nThe term foreign person means an individual who is not a United States person. (11) High-security leased adjacent space \nThe term high-security leased adjacent space means a building or office space that shares a boundary with or surrounds a high-security leased space. (12) High-security leased space \nThe term high-security leased space means a space leased by a Federal lessee that— (A) will be occupied by Federal employees for nonmilitary activities; and (B) has a facility security level of III, IV, or V, as determined by the Federal tenant in consultation with the Interagency Security Committee, the Secretary of Homeland Security, and the Administrator. (13) Highest-level owner \nThe term highest-level owner means an entity that owns or controls— (A) an immediate owner of the offeror of a lease for a high-security leased adjacent space; or (B) 1 or more entities that control an immediate owner of the offeror of a lease described in subparagraph (A). (14) Immediate owner \nThe term immediate owner means an entity, other than the offeror of a lease for a high-security leased adjacent space, that has direct control of that offeror, including— (A) ownership or interlocking management; (B) identity of interests among family members; (C) shared facilities and equipment; and (D) the common use of employees. (15) Intelligence community \nThe term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (16) Substantial economic benefits \nThe term substantial economic benefits , with respect to a natural person described in paragraph (2)(A)(ii), means having an entitlement to the funds or assets of a covered entity that, as a practical matter, enables the person, directly or indirectly, to control, manage, or direct the covered entity. (17) United states person \nThe term United States person means an individual who— (A) is a citizen of the United States; or (B) is an alien lawfully admitted for permanent residence in the United States. (b) Government-wide study \n(1) Coordination study \nThe Administrator, in coordination with the Director of the Federal Protective Service, the Secretary of Homeland Security, the Director of the Office of Management and Budget, and any other relevant entities, as determined by the Administrator, shall carry out a Government-wide study examining options to assist agencies (as defined in section 551 of title 5, United States Code) to produce a security assessment process for high-security leased adjacent space before entering into a lease or novation agreement with a covered entity for the purposes of accommodating a Federal tenant located in a high-security leased space. (2) Contents \nThe study required under paragraph (1)— (A) shall evaluate how to produce a security assessment process that includes a process for assessing the threat level of each occupancy of a high-security leased adjacent space, including through— (i) site-visits; (ii) interviews; and (iii) any other relevant activities determined necessary by the Director of the Federal Protective Service; and (B) may include a process for collecting and using information on each immediate owner, highest-level owner, or beneficial owner of a covered entity that seeks to enter into a lease with a Federal lessee for a high-security leased adjacent space, including— (i) name; (ii) current residential or business street address; and (iii) an identifying number or document that verifies identity as a United States person, a foreign person, or a foreign entity. (3) Working group \n(A) In general \nNot later than 90 days after the date of enactment of this Act, the Administrator, in coordination with the Director of Federal Protective Service, the Secretary of Homeland Security, the Director of the Office of Management and Budget, and any other relevant entities, as determined by the Administrator, shall establish a working group to assist in the carrying out of the study required under paragraph (1). (B) No compensation \nA member of the working group established under subparagraph (A) shall receive no compensation as a result of serving on the working group. (C) Sunset \nThe working group established under subparagraph (A) shall terminate on the date on which the report required under paragraph (6) is submitted. (4) Protection of information \nThe Administrator shall ensure that any information collected pursuant to the study required under paragraph (1) shall not be made available to the public. (5) Limitation \nNothing in this subsection requires an entity located in the United States to provide information requested pursuant to the study required under paragraph (1). (6) Report \nNot later than 2 years after the date of enactment of this Act, the Administrator, in coordination with the Director of Federal Protective Service, the Secretary of Homeland Security, the Director of the Office of Management and Budget, and any other relevant entities, as determined by the Administrator, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing— (A) the results of the study required under paragraph (1); and (B) how all applicable privacy laws and rights relating to the First and Fourth Amendments to the Constitution of the United States would be upheld and followed in— (i) the security assessment process described in subparagraph (A) of paragraph (2); and (ii) the information collection process described in subparagraph (B) of that paragraph. (7) Limitation \nNothing in this subsection authorizes a Federal entity to mandate information gathering unless specifically authorized by law. (8) Prohibition \nNo information collected pursuant the security assessment process described in paragraph (2)(A) may be used for law enforcement purposes. (9) No additional funding \nNo additional funds are authorized to be appropriated to carry out this subsection.", "id": "id002f6d3e-ca85-452b-b164-dc3ea563cfd5", "header": "Government-wide study", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of General Services. (2) Beneficial owner \n(A) In general \nThe term beneficial owner , with respect to a covered entity, means each natural person who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise— (i) exercises substantial control over the covered entity; or (ii) owns or controls not less than 25 percent of the ownership interests of, or receives substantial economic benefits from the assets of, the covered entity. (B) Exclusions \nThe term beneficial owner , with respect to a covered entity, does not include— (i) a minor; (ii) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (iii) a person acting solely as an employee of the covered entity and whose control over or economic benefits from the covered entity derives solely from the employment status of the person; (iv) a person whose only interest in the covered entity is through a right of inheritance, unless the person also meets the requirements of subparagraph (A); or (v) a creditor of the covered entity, unless the creditor also meets the requirements of subparagraph (A). (C) Anti-abuse rule \nThe exclusions under subparagraph (B) shall not apply if, in the determination of the Administrator, an exclusion is used for the purpose of evading, circumventing, or abusing the requirements of this Act. (3) Control \nThe term control , with respect to a covered entity, means— (A) having the authority or ability to determine how the covered entity is utilized; or (B) having some decisionmaking power for the use of the covered entity. (4) Covered entity \nThe term covered entity means— (A) a person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or (B) any governmental entity or instrumentality of a government. (5) Executive agency \nThe term Executive agency has the meaning given the term in section 105 of title 5, United States Code. (6) Federal agency \nThe term Federal agency means— (A) an Executive agency; and (B) any establishment in the legislative or judicial branch of the Federal Government. (7) Federal lessee \n(A) In general \nThe term Federal lessee means— (i) the Administrator; (ii) the Architect of the Capitol; and (iii) the head of any other Federal agency that has independent statutory leasing authority. (B) Exclusions \nThe term Federal lessee does not include— (i) the head of an element of the intelligence community; or (ii) the Secretary of Defense. (8) Federal tenant \n(A) In general \nThe term Federal tenant means a Federal agency that is occupying or will occupy a high-security leased space for which a lease agreement has been secured on behalf of the Federal agency. (B) Exclusion \nThe term Federal tenant does not include an element of the intelligence community. (9) Foreign entity \nThe term foreign entity means— (A) a corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group that is headquartered in or organized under the laws of— (i) a country that is not the United States; or (ii) a State, unit of local government, or Indian Tribe that is not located within or a territory of the United States; or (B) a government or governmental instrumentality that is not— (i) the United States Government; or (ii) a State, unit of local government, or Indian Tribe that is located within or a territory of the United States. (10) Foreign person \nThe term foreign person means an individual who is not a United States person. (11) High-security leased adjacent space \nThe term high-security leased adjacent space means a building or office space that shares a boundary with or surrounds a high-security leased space. (12) High-security leased space \nThe term high-security leased space means a space leased by a Federal lessee that— (A) will be occupied by Federal employees for nonmilitary activities; and (B) has a facility security level of III, IV, or V, as determined by the Federal tenant in consultation with the Interagency Security Committee, the Secretary of Homeland Security, and the Administrator. (13) Highest-level owner \nThe term highest-level owner means an entity that owns or controls— (A) an immediate owner of the offeror of a lease for a high-security leased adjacent space; or (B) 1 or more entities that control an immediate owner of the offeror of a lease described in subparagraph (A). (14) Immediate owner \nThe term immediate owner means an entity, other than the offeror of a lease for a high-security leased adjacent space, that has direct control of that offeror, including— (A) ownership or interlocking management; (B) identity of interests among family members; (C) shared facilities and equipment; and (D) the common use of employees. (15) Intelligence community \nThe term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (16) Substantial economic benefits \nThe term substantial economic benefits , with respect to a natural person described in paragraph (2)(A)(ii), means having an entitlement to the funds or assets of a covered entity that, as a practical matter, enables the person, directly or indirectly, to control, manage, or direct the covered entity. (17) United states person \nThe term United States person means an individual who— (A) is a citizen of the United States; or (B) is an alien lawfully admitted for permanent residence in the United States.", "id": "id6a36e8d70c7c48499f489c0afa5ce5f5", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "(b) Government-wide study \n(1) Coordination study \nThe Administrator, in coordination with the Director of the Federal Protective Service, the Secretary of Homeland Security, the Director of the Office of Management and Budget, and any other relevant entities, as determined by the Administrator, shall carry out a Government-wide study examining options to assist agencies (as defined in section 551 of title 5, United States Code) to produce a security assessment process for high-security leased adjacent space before entering into a lease or novation agreement with a covered entity for the purposes of accommodating a Federal tenant located in a high-security leased space. (2) Contents \nThe study required under paragraph (1)— (A) shall evaluate how to produce a security assessment process that includes a process for assessing the threat level of each occupancy of a high-security leased adjacent space, including through— (i) site-visits; (ii) interviews; and (iii) any other relevant activities determined necessary by the Director of the Federal Protective Service; and (B) may include a process for collecting and using information on each immediate owner, highest-level owner, or beneficial owner of a covered entity that seeks to enter into a lease with a Federal lessee for a high-security leased adjacent space, including— (i) name; (ii) current residential or business street address; and (iii) an identifying number or document that verifies identity as a United States person, a foreign person, or a foreign entity. (3) Working group \n(A) In general \nNot later than 90 days after the date of enactment of this Act, the Administrator, in coordination with the Director of Federal Protective Service, the Secretary of Homeland Security, the Director of the Office of Management and Budget, and any other relevant entities, as determined by the Administrator, shall establish a working group to assist in the carrying out of the study required under paragraph (1). (B) No compensation \nA member of the working group established under subparagraph (A) shall receive no compensation as a result of serving on the working group. (C) Sunset \nThe working group established under subparagraph (A) shall terminate on the date on which the report required under paragraph (6) is submitted. (4) Protection of information \nThe Administrator shall ensure that any information collected pursuant to the study required under paragraph (1) shall not be made available to the public. (5) Limitation \nNothing in this subsection requires an entity located in the United States to provide information requested pursuant to the study required under paragraph (1). (6) Report \nNot later than 2 years after the date of enactment of this Act, the Administrator, in coordination with the Director of Federal Protective Service, the Secretary of Homeland Security, the Director of the Office of Management and Budget, and any other relevant entities, as determined by the Administrator, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing— (A) the results of the study required under paragraph (1); and (B) how all applicable privacy laws and rights relating to the First and Fourth Amendments to the Constitution of the United States would be upheld and followed in— (i) the security assessment process described in subparagraph (A) of paragraph (2); and (ii) the information collection process described in subparagraph (B) of that paragraph. (7) Limitation \nNothing in this subsection authorizes a Federal entity to mandate information gathering unless specifically authorized by law. (8) Prohibition \nNo information collected pursuant the security assessment process described in paragraph (2)(A) may be used for law enforcement purposes. (9) No additional funding \nNo additional funds are authorized to be appropriated to carry out this subsection.", "id": "idb73f29b5-ff6d-4ee2-98a7-7a9ce182dc6d", "header": "Government-wide study", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "11311. Short title \nThis subtitle may be cited as the Intergovernmental Critical Minerals Task Force Act.", "id": "id0ecc66f2-f7a7-43d2-a74b-1788104604d4", "header": "Short title", "nested": [], "links": [] }, { "text": "11312. Findings \nCongress finds that— (1) current supply chains of critical minerals pose a great risk to the national security of the United States; (2) critical minerals are necessary for transportation, technology, renewable energy, military equipment and machinery, and other relevant sectors crucial for the homeland and national security of the United States; (3) in 2022, the United States was 100 percent import reliant for 12 out of 50 critical minerals and more than 50 percent import reliant for an additional 31 critical mineral commodities classified as critical by the United States Geological Survey, and the People’s Republic of China was the top producing nation for 30 of those 50 critical minerals; (4) as of July, 2023, companies based in the People’s Republic of China that extract critical minerals around the world have received hundreds of charges of human rights violations; (5) on March 26, 2014, the World Trade Organization ruled that the export restraints by the People's Republic of China on rare earth metals violated obligations under the protocol of accession to the World Trade Organization, which harmed manufacturers and workers in the United States; and (6) the President has yet to submit to Congress the plans and recommendations that were due on the December 27, 2022, deadline under section 5(a) of the National Materials and Minerals Policy, Research and Development Act of 1980 ( 30 U.S.C. 1604(a) ), which are intended to support a coherent national mineral and materials policy, including through intergovernmental and interagency coordination.", "id": "idb49b2ee8-48d9-4707-8756-93e64d4f2da1", "header": "Findings", "nested": [], "links": [ { "text": "30 U.S.C. 1604(a)", "legal-doc": "usc", "parsable-cite": "usc/30/1604" } ] }, { "text": "11313. Intergovernmental critical minerals task force \n(a) In general \nSection 5 of the National Materials and Minerals Policy, Research and Development Act of 1980 ( 30 U.S.C. 1604 ) is amended by adding at the end the following: (g) Intergovernmental Critical Minerals Task Force \n(1) Purposes \nThe purposes of the task force established under paragraph (3)(B) are— (A) to assess the reliance of the United States on the People's Republic of China, and other covered countries, for critical minerals, and the resulting national security risks associated with that reliance, at each level of the Federal Government, Indian Tribes, and State, local, and territorial governments; (B) to make recommendations to the President for the implementation of this Act with regard to critical minerals, including— (i) the congressional declarations of policies in section 3; and (ii) revisions to the program plan of the President and the initiatives required under this section; (C) to make recommendations to secure United States and global supply chains for critical minerals; (D) to make recommendations to reduce the reliance of the United States, and partners and allies of the United States, on critical mineral supply chains involving covered countries; and (E) to facilitate cooperation, coordination, and mutual accountability among each level of the Federal Government, Indian Tribes, and State, local, and territorial governments, on a holistic response to the dependence on covered countries for critical minerals across the United States. (2) Definitions \nIn this subsection: (A) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (i) the Committees on Homeland Security and Governmental Affairs, Energy and Natural Resources, Armed Services, Environment and Public Works, Commerce, Science, and Transportation, Finance, and Foreign Relations of the Senate; and (ii) the Committees on Oversight and Accountability, Natural Resources, Armed Services, Ways and Means, and Foreign Affairs of the House of Representatives. (B) Chair \nThe term Chair means a member of the Executive Office of the President, designated by the President pursuant to paragraph (3)(A). (C) Covered country \nThe term covered country means— (i) a covered nation (as defined in section 4872(d) of title 10, United States Code); and (ii) any other country determined by the task force to be a geostrategic competitor or adversary of the United States with respect to critical minerals. (D) Critical mineral \nThe term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (E) Indian Tribe \nThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (F) Task force \nThe term task force means the task force established under paragraph (3)(B). (3) Establishment \nNot later than 90 days after the date of enactment of this subsection, the President shall— (A) designate a Chair for the task force; and (B) acting through the Executive Office of the President, establish a task force. (4) Composition; meetings \n(A) Appointment \nThe Chair, in consultation with key intergovernmental, private, and public sector stakeholders, shall appoint to the task force representatives with expertise in critical mineral supply chains from Federal agencies, Indian Tribes, and State, local, and territorial governments, including not less than 1 representative from each of— (i) the Bureau of Indian Affairs; (ii) the Bureau of Land Management; (iii) the Critical Minerals Subcommittee of the National Science and Technology Council; (iv) the Department of Agriculture; (v) the Department of Commerce; (vi) the Department of Defense; (vii) the Department of Energy; (viii) the Department of Homeland Security; (ix) the Department of the Interior; (x) the Department of Labor; (xi) the Department of State; (xii) the Department of Transportation; (xiii) the Environmental Protection Agency; (xiv) the Export-Import Bank of the United States; (xv) the Forest Service; (xvi) the General Services Administration; (xvii) the National Science Foundation; (xviii) the Office of the United States Trade Representative; (xix) the United States International Development Finance Corporation; (xx) the United States Geological Survey; and (xxi) any other relevant Federal entity, as determined by the Chair. (B) Consultation \nThe task force shall consult individuals with expertise in critical mineral supply chains, individuals from States whose communities, businesses, and industries are involved in aspects of critical mineral supply chains, including mining and processing operations, and individuals from a diverse and balanced cross-section of— (i) intergovernmental consultees, including— (I) State governments; (II) local governments; (III) territorial governments; and (IV) Indian Tribes; and (ii) other stakeholders, including— (I) academic research institutions; (II) corporations; (III) nonprofit organizations; (IV) private sector stakeholders; (V) trade associations; (VI) mining industry stakeholders; and (VII) labor representatives. (C) Meetings \n(i) Initial meeting \nNot later than 90 days after the date on which all representatives of the task force have been appointed, the task force shall hold the first meeting of the task force. (ii) Frequency \nThe task force shall meet not less than once every 90 days. (5) Duties \n(A) In general \nThe duties of the task force shall include— (i) facilitating cooperation, coordination, and mutual accountability for the Federal Government, Indian Tribes, and State, local, and territorial governments to enhance data sharing and transparency to build more robust and secure domestic supply chains for critical minerals in support of the purposes described in paragraph (1); (ii) providing recommendations with respect to— (I) increasing capacities for mining, processing, refinement, reuse, and recycling of critical minerals in the United States to facilitate the environmentally responsible production of domestic resources to meet national critical mineral needs, in consultation with Tribal and local communities; (II) identifying how statutes, regulations, and policies related to the critical mineral supply chain, such as stockpiling and development finance, could be modified to accelerate environmentally responsible domestic and international production of critical minerals, in consultation with Indian Tribes and local communities; (III) strengthening the domestic workforce to support growing critical mineral supply chains with good-paying, safe jobs in the United States; (IV) identifying alternative domestic and global sources to critical minerals that the United States currently relies on the People’s Republic of China or other covered countries for mining, processing, refining, and recycling, including the availability, cost, and quality of those domestic alternatives; (V) identifying critical minerals and critical mineral supply chains that the United States can onshore, at a competitive availability, cost, and quality, for those minerals and supply chains that the United States relies on the People’s Republic of China or other covered countries to provide; (VI) opportunities for the Federal Government, Indian Tribes, and State, local, and territorial governments to mitigate risks to the national security of the United States with respect to supply chains for critical minerals that the United States currently relies on the People’s Republic of China or other covered countries for mining, processing, refining, and recycling; and (VII) evaluating and integrating the recommendations of the Critical Minerals Subcommittee of the National Science and Technology Council into the recommendations of the task force. (iii) prioritizing the recommendations in clause (ii), taking into consideration economic costs and focusing on the critical mineral supply chains with vulnerabilities posing the most significant risks to the national security of the United States; (iv) recommending specific strategies, to be carried out in coordination with the Secretary of State and the Secretary of Commerce, to strengthen international partnerships in furtherance of critical minerals supply chain security with international allies and partners, including a strategy to collaborate with governments of the allies and partners described in subparagraph (B) to develop advanced mining, refining, separation and processing technologies; and (v) other duties, as determined by the Chair. (B) Allies and partners \nThe allies and partners referred to subparagraph (A) include— (i) countries participating in the Quadrilateral Security Dialogue; (ii) countries that are— (I) signatories to the Abraham Accords; or (II) participants in the Negev Forum; (iii) countries that are members of the North Atlantic Treaty Organization; and (iv) other countries or multilateral partnerships the task force determines to be appropriate. (C) Report \nThe Chair shall— (i) not later than 60 days after the date of enactment of this subsection, and every 60 days thereafter until the requirements under subsection (a) are satisfied, brief the appropriate committees of Congress on the status of the compliance of the President with completing the requirements under that subsection. (ii) not later than 2 years after the date of enactment of this Act, submit to the appropriate committees of Congress a report, which shall be submitted in unclassified form, but may include a classified annex, that describes any findings, guidelines, and recommendations created in performing the duties under subparagraph (A); (iii) not later than 120 days after the date on which the Chair submits the report under clause (ii), publish that report in the Federal Register and on the website of the Office of Management and Budget, except that the Chair shall redact information from the report that the Chair determines could pose a risk to the national security of the United States by being publicly available; and (iv) brief the appropriate committees of Congress twice per year. (6) Sunset \nThe task force shall terminate on the date that is 90 days after the date on which the task force completes the requirements under paragraph (5)(C).. (b) GAO study \n(1) Definition of critical minerals \nIn this subsection, the term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (2) Study required \nThe Comptroller General of the United States shall conduct a study examining the Federal and State regulatory landscape related to improving domestic supply chains for critical minerals in the United States. (3) Report \nNot later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that describes the results of the study under paragraph (2).", "id": "id6a7b181d-f841-41f3-9fea-a3c0cee7abca", "header": "Intergovernmental critical minerals task force", "nested": [ { "text": "(a) In general \nSection 5 of the National Materials and Minerals Policy, Research and Development Act of 1980 ( 30 U.S.C. 1604 ) is amended by adding at the end the following: (g) Intergovernmental Critical Minerals Task Force \n(1) Purposes \nThe purposes of the task force established under paragraph (3)(B) are— (A) to assess the reliance of the United States on the People's Republic of China, and other covered countries, for critical minerals, and the resulting national security risks associated with that reliance, at each level of the Federal Government, Indian Tribes, and State, local, and territorial governments; (B) to make recommendations to the President for the implementation of this Act with regard to critical minerals, including— (i) the congressional declarations of policies in section 3; and (ii) revisions to the program plan of the President and the initiatives required under this section; (C) to make recommendations to secure United States and global supply chains for critical minerals; (D) to make recommendations to reduce the reliance of the United States, and partners and allies of the United States, on critical mineral supply chains involving covered countries; and (E) to facilitate cooperation, coordination, and mutual accountability among each level of the Federal Government, Indian Tribes, and State, local, and territorial governments, on a holistic response to the dependence on covered countries for critical minerals across the United States. (2) Definitions \nIn this subsection: (A) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (i) the Committees on Homeland Security and Governmental Affairs, Energy and Natural Resources, Armed Services, Environment and Public Works, Commerce, Science, and Transportation, Finance, and Foreign Relations of the Senate; and (ii) the Committees on Oversight and Accountability, Natural Resources, Armed Services, Ways and Means, and Foreign Affairs of the House of Representatives. (B) Chair \nThe term Chair means a member of the Executive Office of the President, designated by the President pursuant to paragraph (3)(A). (C) Covered country \nThe term covered country means— (i) a covered nation (as defined in section 4872(d) of title 10, United States Code); and (ii) any other country determined by the task force to be a geostrategic competitor or adversary of the United States with respect to critical minerals. (D) Critical mineral \nThe term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (E) Indian Tribe \nThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (F) Task force \nThe term task force means the task force established under paragraph (3)(B). (3) Establishment \nNot later than 90 days after the date of enactment of this subsection, the President shall— (A) designate a Chair for the task force; and (B) acting through the Executive Office of the President, establish a task force. (4) Composition; meetings \n(A) Appointment \nThe Chair, in consultation with key intergovernmental, private, and public sector stakeholders, shall appoint to the task force representatives with expertise in critical mineral supply chains from Federal agencies, Indian Tribes, and State, local, and territorial governments, including not less than 1 representative from each of— (i) the Bureau of Indian Affairs; (ii) the Bureau of Land Management; (iii) the Critical Minerals Subcommittee of the National Science and Technology Council; (iv) the Department of Agriculture; (v) the Department of Commerce; (vi) the Department of Defense; (vii) the Department of Energy; (viii) the Department of Homeland Security; (ix) the Department of the Interior; (x) the Department of Labor; (xi) the Department of State; (xii) the Department of Transportation; (xiii) the Environmental Protection Agency; (xiv) the Export-Import Bank of the United States; (xv) the Forest Service; (xvi) the General Services Administration; (xvii) the National Science Foundation; (xviii) the Office of the United States Trade Representative; (xix) the United States International Development Finance Corporation; (xx) the United States Geological Survey; and (xxi) any other relevant Federal entity, as determined by the Chair. (B) Consultation \nThe task force shall consult individuals with expertise in critical mineral supply chains, individuals from States whose communities, businesses, and industries are involved in aspects of critical mineral supply chains, including mining and processing operations, and individuals from a diverse and balanced cross-section of— (i) intergovernmental consultees, including— (I) State governments; (II) local governments; (III) territorial governments; and (IV) Indian Tribes; and (ii) other stakeholders, including— (I) academic research institutions; (II) corporations; (III) nonprofit organizations; (IV) private sector stakeholders; (V) trade associations; (VI) mining industry stakeholders; and (VII) labor representatives. (C) Meetings \n(i) Initial meeting \nNot later than 90 days after the date on which all representatives of the task force have been appointed, the task force shall hold the first meeting of the task force. (ii) Frequency \nThe task force shall meet not less than once every 90 days. (5) Duties \n(A) In general \nThe duties of the task force shall include— (i) facilitating cooperation, coordination, and mutual accountability for the Federal Government, Indian Tribes, and State, local, and territorial governments to enhance data sharing and transparency to build more robust and secure domestic supply chains for critical minerals in support of the purposes described in paragraph (1); (ii) providing recommendations with respect to— (I) increasing capacities for mining, processing, refinement, reuse, and recycling of critical minerals in the United States to facilitate the environmentally responsible production of domestic resources to meet national critical mineral needs, in consultation with Tribal and local communities; (II) identifying how statutes, regulations, and policies related to the critical mineral supply chain, such as stockpiling and development finance, could be modified to accelerate environmentally responsible domestic and international production of critical minerals, in consultation with Indian Tribes and local communities; (III) strengthening the domestic workforce to support growing critical mineral supply chains with good-paying, safe jobs in the United States; (IV) identifying alternative domestic and global sources to critical minerals that the United States currently relies on the People’s Republic of China or other covered countries for mining, processing, refining, and recycling, including the availability, cost, and quality of those domestic alternatives; (V) identifying critical minerals and critical mineral supply chains that the United States can onshore, at a competitive availability, cost, and quality, for those minerals and supply chains that the United States relies on the People’s Republic of China or other covered countries to provide; (VI) opportunities for the Federal Government, Indian Tribes, and State, local, and territorial governments to mitigate risks to the national security of the United States with respect to supply chains for critical minerals that the United States currently relies on the People’s Republic of China or other covered countries for mining, processing, refining, and recycling; and (VII) evaluating and integrating the recommendations of the Critical Minerals Subcommittee of the National Science and Technology Council into the recommendations of the task force. (iii) prioritizing the recommendations in clause (ii), taking into consideration economic costs and focusing on the critical mineral supply chains with vulnerabilities posing the most significant risks to the national security of the United States; (iv) recommending specific strategies, to be carried out in coordination with the Secretary of State and the Secretary of Commerce, to strengthen international partnerships in furtherance of critical minerals supply chain security with international allies and partners, including a strategy to collaborate with governments of the allies and partners described in subparagraph (B) to develop advanced mining, refining, separation and processing technologies; and (v) other duties, as determined by the Chair. (B) Allies and partners \nThe allies and partners referred to subparagraph (A) include— (i) countries participating in the Quadrilateral Security Dialogue; (ii) countries that are— (I) signatories to the Abraham Accords; or (II) participants in the Negev Forum; (iii) countries that are members of the North Atlantic Treaty Organization; and (iv) other countries or multilateral partnerships the task force determines to be appropriate. (C) Report \nThe Chair shall— (i) not later than 60 days after the date of enactment of this subsection, and every 60 days thereafter until the requirements under subsection (a) are satisfied, brief the appropriate committees of Congress on the status of the compliance of the President with completing the requirements under that subsection. (ii) not later than 2 years after the date of enactment of this Act, submit to the appropriate committees of Congress a report, which shall be submitted in unclassified form, but may include a classified annex, that describes any findings, guidelines, and recommendations created in performing the duties under subparagraph (A); (iii) not later than 120 days after the date on which the Chair submits the report under clause (ii), publish that report in the Federal Register and on the website of the Office of Management and Budget, except that the Chair shall redact information from the report that the Chair determines could pose a risk to the national security of the United States by being publicly available; and (iv) brief the appropriate committees of Congress twice per year. (6) Sunset \nThe task force shall terminate on the date that is 90 days after the date on which the task force completes the requirements under paragraph (5)(C)..", "id": "ida94e8baf-2d57-42d8-a430-646707fbd838", "header": "In general", "nested": [], "links": [ { "text": "30 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/30/1604" }, { "text": "30 U.S.C. 1606(a)", "legal-doc": "usc", "parsable-cite": "usc/30/1606" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "(b) GAO study \n(1) Definition of critical minerals \nIn this subsection, the term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (2) Study required \nThe Comptroller General of the United States shall conduct a study examining the Federal and State regulatory landscape related to improving domestic supply chains for critical minerals in the United States. (3) Report \nNot later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that describes the results of the study under paragraph (2).", "id": "ide6d20757b3144e348f181fd961cab8c3", "header": "GAO study", "nested": [], "links": [ { "text": "30 U.S.C. 1606(a)", "legal-doc": "usc", "parsable-cite": "usc/30/1606" } ] } ], "links": [ { "text": "30 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/30/1604" }, { "text": "30 U.S.C. 1606(a)", "legal-doc": "usc", "parsable-cite": "usc/30/1606" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "30 U.S.C. 1606(a)", "legal-doc": "usc", "parsable-cite": "usc/30/1606" } ] }, { "text": "11321. Short title \nThis subtitle may be cited as the Customs Trade Partnership Against Terrorism Pilot Program Act of 2023 or the CTPAT Pilot Program Act of 2023.", "id": "idaf21199911ff4d058bededdb9421d8a1", "header": "Short title", "nested": [], "links": [] }, { "text": "11322. Definitions \nIn this subtitle: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate; and (B) the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives. (2) Ctpat \nThe term CTPAT means the Customs Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act ( 6 U.S.C. 961 et seq. ).", "id": "id745faedcb74c4cadbe68281f89984147", "header": "Definitions", "nested": [], "links": [ { "text": "6 U.S.C. 961 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/961" } ] }, { "text": "11323. Pilot program on participation of third-party logistics providers in ctpat \n(a) Establishment \n(1) In general \nThe Secretary of Homeland Security shall carry out a pilot program to assess whether allowing entities described in subsection (b) to participate in CTPAT would enhance port security, combat terrorism, prevent supply chain security breaches, or otherwise meet the goals of CTPAT. (2) Federal register notice \nNot later than one year after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a notice specifying the requirements for the pilot program required by paragraph (1). (b) Entities described \nAn entity described in this subsection is— (1) a non-asset-based third-party logistics provider that— (A) arranges international transportation of freight and is licensed by the Department of Transportation; and (B) meets such other requirements as the Secretary specifies in the Federal Register notice required by subsection (a)(2); or (2) an asset-based third-party logistics provider that— (A) facilitates cross border activity and is licensed or bonded by the Federal Maritime Commission, the Transportation Security Administration, U.S. Customs and Border Protection, or the Department of Transportation; (B) manages and executes logistics services using its own warehousing assets and resources on behalf of its customers; and (C) meets such other requirements as the Secretary specifies in the Federal Register notice required by subsection (a)(2). (c) Requirements \nIn carrying out the pilot program required by subsection (a)(1), the Secretary shall— (1) ensure that— (A) not more than 10 entities described in paragraph (1) of subsection (b) participate in the pilot program; and (B) not more than 10 entities described in paragraph (2) of that subsection participate in the program; (2) provide for the participation of those entities on a voluntary basis; (3) continue the program for a period of not less than one year after the date on which the Secretary publishes the Federal Register notice required by subsection (a)(2); and (4) terminate the pilot program not more than 5 years after that date. (d) Report required \nNot later than 180 days after the termination of the pilot program under subsection (c)(4), the Secretary shall submit to the appropriate congressional committees a report on the findings of, and any recommendations arising from, the pilot program concerning the participation in CTPAT of entities described in subsection (b), including an assessment of participation by those entities.", "id": "idba1d0522c9334be2887a4f2f496f13da", "header": "Pilot program on participation of third-party logistics providers in ctpat", "nested": [ { "text": "(a) Establishment \n(1) In general \nThe Secretary of Homeland Security shall carry out a pilot program to assess whether allowing entities described in subsection (b) to participate in CTPAT would enhance port security, combat terrorism, prevent supply chain security breaches, or otherwise meet the goals of CTPAT. (2) Federal register notice \nNot later than one year after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a notice specifying the requirements for the pilot program required by paragraph (1).", "id": "id3a06c28835a54dd3a6f019b12905d92f", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Entities described \nAn entity described in this subsection is— (1) a non-asset-based third-party logistics provider that— (A) arranges international transportation of freight and is licensed by the Department of Transportation; and (B) meets such other requirements as the Secretary specifies in the Federal Register notice required by subsection (a)(2); or (2) an asset-based third-party logistics provider that— (A) facilitates cross border activity and is licensed or bonded by the Federal Maritime Commission, the Transportation Security Administration, U.S. Customs and Border Protection, or the Department of Transportation; (B) manages and executes logistics services using its own warehousing assets and resources on behalf of its customers; and (C) meets such other requirements as the Secretary specifies in the Federal Register notice required by subsection (a)(2).", "id": "id77158f245d9a4cb1ae6159082fdbd673", "header": "Entities described", "nested": [], "links": [] }, { "text": "(c) Requirements \nIn carrying out the pilot program required by subsection (a)(1), the Secretary shall— (1) ensure that— (A) not more than 10 entities described in paragraph (1) of subsection (b) participate in the pilot program; and (B) not more than 10 entities described in paragraph (2) of that subsection participate in the program; (2) provide for the participation of those entities on a voluntary basis; (3) continue the program for a period of not less than one year after the date on which the Secretary publishes the Federal Register notice required by subsection (a)(2); and (4) terminate the pilot program not more than 5 years after that date.", "id": "iddbb08b296a604bb989b12a961299d12e", "header": "Requirements", "nested": [], "links": [] }, { "text": "(d) Report required \nNot later than 180 days after the termination of the pilot program under subsection (c)(4), the Secretary shall submit to the appropriate congressional committees a report on the findings of, and any recommendations arising from, the pilot program concerning the participation in CTPAT of entities described in subsection (b), including an assessment of participation by those entities.", "id": "idfc3a9d631cac4c769e58a36ca59b5eec", "header": "Report required", "nested": [], "links": [] } ], "links": [] }, { "text": "11324. Report on effectiveness of CTPAT \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the effectiveness of CTPAT. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An analysis of— (A) security incidents in the cargo supply chain during the 5-year period preceding submission of the report that involved criminal activity, including drug trafficking, human smuggling, commercial fraud, or terrorist activity; and (B) whether those incidents involved participants in CTPAT or entities not participating in CTPAT. (2) An analysis of causes for the suspension or removal of entities from participating in CTPAT as a result of security incidents during that 5-year period. (3) An analysis of the number of active CTPAT participants involved in one or more security incidents while maintaining their status as participants. (4) Recommendations to the Commissioner of U.S. Customs and Border Protection for improvements to CTPAT to improve prevention of security incidents in the cargo supply chain involving participants in CTPAT.", "id": "idba3ab853469448bba41bed27bef1fe9e", "header": "Report on effectiveness of CTPAT", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the effectiveness of CTPAT.", "id": "idd4e9d46efd7040d491f27bd0d71dec05", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall include the following: (1) An analysis of— (A) security incidents in the cargo supply chain during the 5-year period preceding submission of the report that involved criminal activity, including drug trafficking, human smuggling, commercial fraud, or terrorist activity; and (B) whether those incidents involved participants in CTPAT or entities not participating in CTPAT. (2) An analysis of causes for the suspension or removal of entities from participating in CTPAT as a result of security incidents during that 5-year period. (3) An analysis of the number of active CTPAT participants involved in one or more security incidents while maintaining their status as participants. (4) Recommendations to the Commissioner of U.S. Customs and Border Protection for improvements to CTPAT to improve prevention of security incidents in the cargo supply chain involving participants in CTPAT.", "id": "id533cdce351a04629888ebf661bafcce1", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "11325. No additional funds authorized \nNo additional funds are authorized to be appropriated for the purpose of carrying out this subtitle.", "id": "id3a00476eb2934c448034c7af0454f4a9", "header": "No additional funds authorized", "nested": [], "links": [] }, { "text": "11331. Short title \nThis subtitle may be cited as the Military Spouse Employment Act.", "id": "id689585a5077f4b57a17bb24aaacb9012", "header": "Short title", "nested": [], "links": [] }, { "text": "11332. Appointment of military spouses \nSection 3330d of title 5, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraph (3) as paragraph (4); (B) by inserting after paragraph (2) the following: (3) The term remote work refers to a particular type of telework under which an employee is not expected to report to an officially established agency location on a regular and recurring basis. ; and (C) by adding at the end the following: (5) The term telework has the meaning given the term in section 6501. ; (2) in subsection (b)— (A) in paragraph (1), by striking or at the end; (B) in paragraph (2), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (3) a spouse of a member of the Armed Forces on active duty, or a spouse of a disabled or deceased member of the Armed Forces, to a position in which the spouse will engage in remote work. ; and (3) in subsection (c)(1), by striking subsection (a)(3) and inserting subsection (a)(4).", "id": "idf3a9c390-e362-46f9-8c9b-263ee66bfcdf", "header": "Appointment of military spouses", "nested": [], "links": [] }, { "text": "11333. GAO study and report \n(a) Definitions \nIn this section— (1) the terms agency means an agency described in paragraph (1) or (2) of section 901(b) of title 31, United States Code; (2) the term employee means an employee of an agency; (3) the term remote work means a particular type of telework under which an employee is not expected to report to an officially established agency location on a regular and recurring basis; and (4) the term telework means a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee’s position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work. (b) Requirement \nNot later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and publish a report regarding the use of remote work by agencies, which shall include a discussion of what is known regarding— (1) the number of employees who are engaging in remote work; (2) the role of remote work in agency recruitment and retention efforts; (3) the geographic location of employees who engage in remote work; (4) the effect that remote work has had on how often employees are reporting to officially established agency locations to perform the duties and responsibilities of the positions of those employees and other authorized activities; and (5) how the use of remote work has affected Federal office space utilization and spending.", "id": "id9A800D3A3DC5445099BCA64207D8C4BE", "header": "GAO study and report", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the terms agency means an agency described in paragraph (1) or (2) of section 901(b) of title 31, United States Code; (2) the term employee means an employee of an agency; (3) the term remote work means a particular type of telework under which an employee is not expected to report to an officially established agency location on a regular and recurring basis; and (4) the term telework means a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee’s position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work.", "id": "id9d83f8060d594acba53a8d5e969096af", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Requirement \nNot later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and publish a report regarding the use of remote work by agencies, which shall include a discussion of what is known regarding— (1) the number of employees who are engaging in remote work; (2) the role of remote work in agency recruitment and retention efforts; (3) the geographic location of employees who engage in remote work; (4) the effect that remote work has had on how often employees are reporting to officially established agency locations to perform the duties and responsibilities of the positions of those employees and other authorized activities; and (5) how the use of remote work has affected Federal office space utilization and spending.", "id": "id915b9e0a47964ba199545dc1c91d1b3f", "header": "Requirement", "nested": [], "links": [] } ], "links": [] }, { "text": "11341. Designation of additional port of entry for the importation and exportation of wildlife and wildlife products by the United States Fish and Wildlife Service \n(a) In general \nSubject to appropriations and in accordance with subsection (b), the Director of the United States Fish and Wildlife Service shall designate 1 additional port as a port of entry designated for the importation and exportation of wildlife and wildlife products under section 14.12 of title 50, Code of Federal Regulations. (b) Criteria for selecting additional designated port \nThe Director shall select the additional port to be designated pursuant to subsection (a) from among the United States airports that handled more than 8,000,000,000 pounds of cargo during 2021, as reported by the Federal Aviation Administration Air Carrier Activity Information System, and based upon the analysis submitted to Congress by the Director pursuant to the Wildlife Trafficking reporting directive under title I of Senate Report 114–281.", "id": "idd087d825dcb94b96819393d7c7d8cf83", "header": "Designation of additional port of entry for the importation and exportation of wildlife and wildlife products by the United States Fish and Wildlife Service", "nested": [ { "text": "(a) In general \nSubject to appropriations and in accordance with subsection (b), the Director of the United States Fish and Wildlife Service shall designate 1 additional port as a port of entry designated for the importation and exportation of wildlife and wildlife products under section 14.12 of title 50, Code of Federal Regulations.", "id": "id4d7aa0cfe3b34880990f7b2d3fe6613a", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Criteria for selecting additional designated port \nThe Director shall select the additional port to be designated pursuant to subsection (a) from among the United States airports that handled more than 8,000,000,000 pounds of cargo during 2021, as reported by the Federal Aviation Administration Air Carrier Activity Information System, and based upon the analysis submitted to Congress by the Director pursuant to the Wildlife Trafficking reporting directive under title I of Senate Report 114–281.", "id": "id4151fe5a2e6c414288e2e71c2bee74d0", "header": "Criteria for selecting additional designated port", "nested": [], "links": [] } ], "links": [] }, { "text": "1. Short title; table of contents \n(a) Short title \nThis division may be cited as the Intelligence Authorization Act for Fiscal Year 2024. (b) Table of contents \nThe table of contents for this division is as follows: DIVISION M—Intelligence Authorization Act for Fiscal Year 2024 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Intelligence Community Management Account. Sec. 104. Increase in employee compensation and benefits authorized by law. TITLE II—Central Intelligence Agency retirement and disability system Sec. 201. Authorization of appropriations. TITLE III—Intelligence community matters Subtitle A—General intelligence community matters Sec. 301. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies. Sec. 302. Policy and performance framework for mobility of intelligence community workforce. Sec. 303. In-State tuition rates for active duty members of the intelligence community. Sec. 304. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys. Sec. 305. Improving administration of certain post-employment restrictions for intelligence community. Sec. 306. Mission of the National Counterintelligence and Security Center. Sec. 307. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 308. Department of Energy science and technology risk assessments. Sec. 309. Congressional oversight of intelligence community risk assessments. Sec. 310. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document. Sec. 311. Office of Intelligence and Analysis. Subtitle B—Central Intelligence Agency Sec. 321. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations. Sec. 322. Modifications to procurement authorities of the Central Intelligence Agency. Sec. 323. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure. TITLE IV—Matters concerning foreign countries Subtitle A—People’s Republic of China Sec. 401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China. Sec. 402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa. Sec. 403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China. Sec. 404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China. Sec. 405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party and Russian foreign malign influence operations against the United States. Sec. 406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern. Subtitle B—Other foreign countries Sec. 411. Report on efforts to capture and detain United States citizens as hostages. Sec. 412. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework. TITLE V—Matters pertaining to United States economic and emerging technology competition with United States adversaries Subtitle A—General matters Sec. 501. Assignment of detailees from intelligence community to Department of Commerce. Subtitle B—Next-generation energy, biotechnology, and artificial intelligence Sec. 511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China. Sec. 512. Assessment of using civil nuclear energy for intelligence community capabilities. Sec. 513. Policies established by Director of National Intelligence for artificial intelligence capabilities. TITLE VI—Whistleblower matters Sec. 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community. Sec. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community. Sec. 603. Establishing process parity for adverse security clearance and access determinations. Sec. 604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations. Sec. 605. Modification and repeal of reporting requirements. TITLE VII—Classification reform Subtitle A—Classification Reform Act of 2023 Sec. 701. Short title. Sec. 702. Definitions. Sec. 703. Classification and declassification of information. Sec. 704. Transparency officers. Subtitle B—Sensible Classification Act of 2023 Sec. 711. Short title. Sec. 712. Definitions. Sec. 713. Findings and sense of the Senate. Sec. 714. Classification authority. Sec. 715. Promoting efficient declassification review. Sec. 716. Training to promote sensible classification. Sec. 717. Improvements to Public Interest Declassification Board. Sec. 718. Implementation of technology for classification and declassification. Sec. 719. Studies and recommendations on necessity of security clearances. TITLE VIII—Security clearance and trusted workforce Sec. 801. Review of shared information technology services for personnel vetting. Sec. 802. Timeliness standard for rendering determinations of trust for personnel vetting. Sec. 803. Annual report on personnel vetting trust determinations. Sec. 804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0. Sec. 805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis. TITLE IX—Anomalous health incidents Sec. 901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain. Sec. 902. Clarification of requirements to seek certain benefits relating to injuries to the brain. Sec. 903. Intelligence community implementation of HAVANA Act of 2021 authorities. Sec. 904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents. TITLE X—Election security Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023. TITLE XI—Other matters Sec. 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office. Sec. 1102. Funding limitations relating to unidentified anomalous phenomena.", "id": "H16F5B973F5154D448E26B697EACE564C", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis division may be cited as the Intelligence Authorization Act for Fiscal Year 2024.", "id": "H04CBCFC637DC41EE86A20C6EAA6B85D4", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this division is as follows: DIVISION M—Intelligence Authorization Act for Fiscal Year 2024 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Intelligence Community Management Account. Sec. 104. Increase in employee compensation and benefits authorized by law. TITLE II—Central Intelligence Agency retirement and disability system Sec. 201. Authorization of appropriations. TITLE III—Intelligence community matters Subtitle A—General intelligence community matters Sec. 301. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies. Sec. 302. Policy and performance framework for mobility of intelligence community workforce. Sec. 303. In-State tuition rates for active duty members of the intelligence community. Sec. 304. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys. Sec. 305. Improving administration of certain post-employment restrictions for intelligence community. Sec. 306. Mission of the National Counterintelligence and Security Center. Sec. 307. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 308. Department of Energy science and technology risk assessments. Sec. 309. Congressional oversight of intelligence community risk assessments. Sec. 310. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document. Sec. 311. Office of Intelligence and Analysis. Subtitle B—Central Intelligence Agency Sec. 321. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations. Sec. 322. Modifications to procurement authorities of the Central Intelligence Agency. Sec. 323. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure. TITLE IV—Matters concerning foreign countries Subtitle A—People’s Republic of China Sec. 401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China. Sec. 402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa. Sec. 403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China. Sec. 404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China. Sec. 405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party and Russian foreign malign influence operations against the United States. Sec. 406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern. Subtitle B—Other foreign countries Sec. 411. Report on efforts to capture and detain United States citizens as hostages. Sec. 412. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework. TITLE V—Matters pertaining to United States economic and emerging technology competition with United States adversaries Subtitle A—General matters Sec. 501. Assignment of detailees from intelligence community to Department of Commerce. Subtitle B—Next-generation energy, biotechnology, and artificial intelligence Sec. 511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China. Sec. 512. Assessment of using civil nuclear energy for intelligence community capabilities. Sec. 513. Policies established by Director of National Intelligence for artificial intelligence capabilities. TITLE VI—Whistleblower matters Sec. 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community. Sec. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community. Sec. 603. Establishing process parity for adverse security clearance and access determinations. Sec. 604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations. Sec. 605. Modification and repeal of reporting requirements. TITLE VII—Classification reform Subtitle A—Classification Reform Act of 2023 Sec. 701. Short title. Sec. 702. Definitions. Sec. 703. Classification and declassification of information. Sec. 704. Transparency officers. Subtitle B—Sensible Classification Act of 2023 Sec. 711. Short title. Sec. 712. Definitions. Sec. 713. Findings and sense of the Senate. Sec. 714. Classification authority. Sec. 715. Promoting efficient declassification review. Sec. 716. Training to promote sensible classification. Sec. 717. Improvements to Public Interest Declassification Board. Sec. 718. Implementation of technology for classification and declassification. Sec. 719. Studies and recommendations on necessity of security clearances. TITLE VIII—Security clearance and trusted workforce Sec. 801. Review of shared information technology services for personnel vetting. Sec. 802. Timeliness standard for rendering determinations of trust for personnel vetting. Sec. 803. Annual report on personnel vetting trust determinations. Sec. 804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0. Sec. 805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis. TITLE IX—Anomalous health incidents Sec. 901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain. Sec. 902. Clarification of requirements to seek certain benefits relating to injuries to the brain. Sec. 903. Intelligence community implementation of HAVANA Act of 2021 authorities. Sec. 904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents. TITLE X—Election security Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023. TITLE XI—Other matters Sec. 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office. Sec. 1102. Funding limitations relating to unidentified anomalous phenomena.", "id": "HCF384B4F2D5E46FEA33CC80F1CBB1BC8", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Congressional intelligence committees \nThe term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (2) Intelligence community \nThe term intelligence community has the meaning given such term in such section.", "id": "HDEBA88C4C9224B639D37B2BF0B5EE0D9", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "101. Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2024 for the conduct of the intelligence and intelligence-related activities of the Federal Government.", "id": "HC4C024E7DCBB4402940B0177F2F43356", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "102. Classified Schedule of Authorizations \n(a) Specifications of amounts \nThe amounts authorized to be appropriated under section 101 for the conduct of the intelligence activities of the Federal Government are those specified in the classified Schedule of Authorizations prepared to accompany this division. (b) Availability of classified Schedule of Authorizations \n(1) Availability \nThe classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President \nSubject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, within the executive branch of the Federal Government. (3) Limits on disclosure \nThe President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) ); (B) to the extent necessary to implement the budget; or (C) as otherwise required by law.", "id": "HA95BC11DB0A24448910F9AA770957986", "header": "Classified Schedule of Authorizations", "nested": [ { "text": "(a) Specifications of amounts \nThe amounts authorized to be appropriated under section 101 for the conduct of the intelligence activities of the Federal Government are those specified in the classified Schedule of Authorizations prepared to accompany this division.", "id": "H3AE5EA905044497E81182B16EF082A47", "header": "Specifications of amounts", "nested": [], "links": [] }, { "text": "(b) Availability of classified Schedule of Authorizations \n(1) Availability \nThe classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President \nSubject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, within the executive branch of the Federal Government. (3) Limits on disclosure \nThe President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) ); (B) to the extent necessary to implement the budget; or (C) as otherwise required by law.", "id": "H58E142761B2044FBB092F8DD515CB2F9", "header": "Availability of classified Schedule of Authorizations", "nested": [], "links": [ { "text": "50 U.S.C. 3306(a)", "legal-doc": "usc", "parsable-cite": "usc/50/3306" } ] } ], "links": [ { "text": "50 U.S.C. 3306(a)", "legal-doc": "usc", "parsable-cite": "usc/50/3306" } ] }, { "text": "103. Intelligence Community Management Account \n(a) Authorization of appropriations \nThere is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2024 the sum of $658,950,000. (b) Classified authorization of appropriations \nIn addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2024 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a).", "id": "H692FEA0C6BD5415F98D109012804658B", "header": "Intelligence Community Management Account", "nested": [ { "text": "(a) Authorization of appropriations \nThere is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2024 the sum of $658,950,000.", "id": "H712E058050044510969F8B947DA3AEA8", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Classified authorization of appropriations \nIn addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2024 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a).", "id": "HDEC9400E5D0C489E85B6A8CEA87ECE2F", "header": "Classified authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "104. Increase in employee compensation and benefits authorized by law \nAppropriations authorized by this division for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.", "id": "HB083673E36534422907D4F486CD827C2", "header": "Increase in employee compensation and benefits authorized by law", "nested": [], "links": [] }, { "text": "201. Authorization of appropriations \nThere is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for fiscal year 2024.", "id": "H44FFC8AAFA5F493A9CB25523C8E49D95", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "301. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of human capital of the Central Intelligence Agency, the National Security Agency, and the Federal Bureau of Investigation, shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a plan for the intelligence community to recruit, train, and retain personnel who have skills and experience in financial intelligence and emerging technologies in order to improve analytic tradecraft. (b) Elements \nThe plan required by subsection (a) shall include the following elements: (1) An assessment, including measurable benchmarks of progress, of current initiatives of the intelligence community to recruit, train, and retain personnel who have skills and experience in financial intelligence and emerging technologies. (2) An assessment of whether personnel in the intelligence community who have such skills are currently well integrated into the analytical cadre of the relevant elements of the intelligence community that produce analyses with respect to financial intelligence and emerging technologies. (3) An identification of challenges to hiring or compensation in the intelligence community that limit progress toward rapidly increasing the number of personnel with such skills, and an identification of hiring or other reforms to resolve such challenges. (4) A determination of whether the National Intelligence University has the resources and expertise necessary to train existing personnel in financial intelligence and emerging technologies. (5) A strategy, including measurable benchmarks of progress, to, by January 1, 2025, increase by 10 percent the analytical cadre of personnel with expertise and previous employment in financial intelligence and emerging technologies.", "id": "idb6cb3935dbb943df9e95ca8eed2d311b", "header": "Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of human capital of the Central Intelligence Agency, the National Security Agency, and the Federal Bureau of Investigation, shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a plan for the intelligence community to recruit, train, and retain personnel who have skills and experience in financial intelligence and emerging technologies in order to improve analytic tradecraft.", "id": "idede174b34bb54835a5bfbceb11a4eb4b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe plan required by subsection (a) shall include the following elements: (1) An assessment, including measurable benchmarks of progress, of current initiatives of the intelligence community to recruit, train, and retain personnel who have skills and experience in financial intelligence and emerging technologies. (2) An assessment of whether personnel in the intelligence community who have such skills are currently well integrated into the analytical cadre of the relevant elements of the intelligence community that produce analyses with respect to financial intelligence and emerging technologies. (3) An identification of challenges to hiring or compensation in the intelligence community that limit progress toward rapidly increasing the number of personnel with such skills, and an identification of hiring or other reforms to resolve such challenges. (4) A determination of whether the National Intelligence University has the resources and expertise necessary to train existing personnel in financial intelligence and emerging technologies. (5) A strategy, including measurable benchmarks of progress, to, by January 1, 2025, increase by 10 percent the analytical cadre of personnel with expertise and previous employment in financial intelligence and emerging technologies.", "id": "id2073b412c7374b8d81d102653c2716b1", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "302. Policy and performance framework for mobility of intelligence community workforce \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the Secretary of Defense and the Director of the Office of Personnel Management as the Director of National Intelligence considers appropriate, develop and implement a policy and performance framework to ensure the timely and effective mobility of employees and contractors of the Federal Government who are transferring employment between elements of the intelligence community. (b) Elements \nThe policy and performance framework required by subsection (a) shall include processes with respect to the following: (1) Human resources. (2) Medical reviews. (3) Determinations of suitability or eligibility for access to classified information in accordance with Executive Order 13467 ( 50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information).", "id": "id0521cf96f688457a9bd5f87171b66fcf", "header": "Policy and performance framework for mobility of intelligence community workforce", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the Secretary of Defense and the Director of the Office of Personnel Management as the Director of National Intelligence considers appropriate, develop and implement a policy and performance framework to ensure the timely and effective mobility of employees and contractors of the Federal Government who are transferring employment between elements of the intelligence community.", "id": "id1b28f82522a1490e840cdf011022096b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe policy and performance framework required by subsection (a) shall include processes with respect to the following: (1) Human resources. (2) Medical reviews. (3) Determinations of suitability or eligibility for access to classified information in accordance with Executive Order 13467 ( 50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information).", "id": "id01df0f0513d54afe98cb57bcb5b174b2", "header": "Elements", "nested": [], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] } ], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "303. In-State tuition rates for active duty members of the intelligence community \n(a) In general \nSection 135(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1015d(d) ), as amended by section 6206(a)(4) of the Foreign Service Families Act of 2021 ( Public Law 117–81 ), is further amended— (1) in paragraph (1), by striking or after the semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) a member of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) (other than a member of the Armed Forces of the United States) who is on active duty for a period of more than 30 days.. (b) Effective date \nThe amendments made by subsection (a) shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) for the first period of enrollment at such institution that begins after July 1, 2026.", "id": "id866B61D16DFC4071B2AD3D8B692C2385", "header": "In-State tuition rates for active duty members of the intelligence community", "nested": [ { "text": "(a) In general \nSection 135(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1015d(d) ), as amended by section 6206(a)(4) of the Foreign Service Families Act of 2021 ( Public Law 117–81 ), is further amended— (1) in paragraph (1), by striking or after the semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) a member of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) (other than a member of the Armed Forces of the United States) who is on active duty for a period of more than 30 days..", "id": "idb267b6eb85e141c092b21ffa906fef82", "header": "In general", "nested": [], "links": [ { "text": "20 U.S.C. 1015d(d)", "legal-doc": "usc", "parsable-cite": "usc/20/1015d" }, { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) for the first period of enrollment at such institution that begins after July 1, 2026.", "id": "idf83ca3943b3b4e93b5c8e91e940994ca", "header": "Effective date", "nested": [], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] } ], "links": [ { "text": "20 U.S.C. 1015d(d)", "legal-doc": "usc", "parsable-cite": "usc/20/1015d" }, { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" }, { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "304. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys \nSection 904(d)(7)(A) of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383(d)(7)(A) ) is amended to read as follows: (A) Counterintelligence vulnerability assessments and surveys \nTo develop standards, criteria, and guidance for counterintelligence risk assessments and surveys of the vulnerability of the United States to intelligence threats, including with respect to critical infrastructure and critical technologies, in order to identify the areas, programs, and activities that require protection from such threats..", "id": "ida06c39daa1ad4b34b85f2796fdad25cd", "header": "Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys", "nested": [], "links": [ { "text": "50 U.S.C. 3383(d)(7)(A)", "legal-doc": "usc", "parsable-cite": "usc/50/3383" } ] }, { "text": "305. Improving administration of certain post-employment restrictions for intelligence community \nSection 304 of the National Security Act of 1947 ( 50 U.S.C. 3073a ) is amended— (1) in subsection (c)(1)— (A) by striking A former and inserting the following: (A) In general \nA former ; and (B) by adding at the end the following: (B) Prior disclosure to Director of National Intelligence \n(i) In general \nIn the case of a former employee who occupies a covered post-service position in violation of subsection (a), whether the former employee voluntarily notified the Director of National Intelligence of the intent of the former employee to occupy such covered post-service position before occupying such post-service position may be used in determining whether the violation was knowing and willful for purposes of subparagraph (A). (ii) Procedures and guidance \nThe Director of National Intelligence may establish procedures and guidance relating to the submittal of notice for purposes of clause (i). ; and (2) in subsection (d)— (A) in paragraph (1), by inserting the restrictions under subsection (a) and before the report requirements ; (B) in paragraph (2), by striking ceases to occupy and inserting occupies ; and (C) in paragraph (3)(B), by striking before the person ceases to occupy a covered intelligence position and inserting when the person occupies a covered intelligence position.", "id": "id7A211B1E5D3B404B8255A4D63FB252AB", "header": "Improving administration of certain post-employment restrictions for intelligence community", "nested": [], "links": [ { "text": "50 U.S.C. 3073a", "legal-doc": "usc", "parsable-cite": "usc/50/3073a" } ] }, { "text": "306. Mission of the National Counterintelligence and Security Center \n(a) In general \nSection 904 of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383 ) is amended— (1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and (2) by inserting after subsection (c) the following: (d) Mission \nThe mission of the National Counterintelligence and Security Center shall include organizing and leading strategic planning for counterintelligence activities of the United States Government by integrating instruments of national power as needed to counter foreign intelligence activities.. (b) Conforming amendments \n(1) Counterintelligence Enhancement Act of 2002 \nSection 904 of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383 ) is amended— (A) in subsection (e), as redesignated by subsection (a)(1), by striking Subject to subsection (e) both places it appears and inserting Subject to subsection (f) ; and (B) in subsection (f), as so redesignated— (i) in paragraph (1), by striking subsection (d)(1) and inserting subsection (e)(1) ; and (ii) in paragraph (2), by striking subsection (d)(2) and inserting subsection (e)(2). (2) Counterintelligence and Security Enhancements Act of 1994 \nSection 811(d)(1)(B)(ii) of the Counterintelligence and Security Enhancements Act of 1994 ( 50 U.S.C. 3381(d)(1)(B)(ii) ) is amended by striking section 904(d)(2) of that Act ( 50 U.S.C. 3383(d)(2) ) and inserting section 904(e)(2) of that Act ( 50 U.S.C. 3383(e)(2) ).", "id": "idF418ACB8D30E4EE5A473CB65FFB84F70", "header": "Mission of the National Counterintelligence and Security Center", "nested": [ { "text": "(a) In general \nSection 904 of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383 ) is amended— (1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and (2) by inserting after subsection (c) the following: (d) Mission \nThe mission of the National Counterintelligence and Security Center shall include organizing and leading strategic planning for counterintelligence activities of the United States Government by integrating instruments of national power as needed to counter foreign intelligence activities..", "id": "id5870353FFF9E4ED69E5AF753553B71DA", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 3383", "legal-doc": "usc", "parsable-cite": "usc/50/3383" } ] }, { "text": "(b) Conforming amendments \n(1) Counterintelligence Enhancement Act of 2002 \nSection 904 of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383 ) is amended— (A) in subsection (e), as redesignated by subsection (a)(1), by striking Subject to subsection (e) both places it appears and inserting Subject to subsection (f) ; and (B) in subsection (f), as so redesignated— (i) in paragraph (1), by striking subsection (d)(1) and inserting subsection (e)(1) ; and (ii) in paragraph (2), by striking subsection (d)(2) and inserting subsection (e)(2). (2) Counterintelligence and Security Enhancements Act of 1994 \nSection 811(d)(1)(B)(ii) of the Counterintelligence and Security Enhancements Act of 1994 ( 50 U.S.C. 3381(d)(1)(B)(ii) ) is amended by striking section 904(d)(2) of that Act ( 50 U.S.C. 3383(d)(2) ) and inserting section 904(e)(2) of that Act ( 50 U.S.C. 3383(e)(2) ).", "id": "id024806A7D48648B58B8F8956DCA44638", "header": "Conforming amendments", "nested": [], "links": [ { "text": "50 U.S.C. 3383", "legal-doc": "usc", "parsable-cite": "usc/50/3383" }, { "text": "50 U.S.C. 3381(d)(1)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/50/3381" }, { "text": "50 U.S.C. 3383(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/50/3383" }, { "text": "50 U.S.C. 3383(e)(2)", "legal-doc": "usc", "parsable-cite": "usc/50/3383" } ] } ], "links": [ { "text": "50 U.S.C. 3383", "legal-doc": "usc", "parsable-cite": "usc/50/3383" }, { "text": "50 U.S.C. 3383", "legal-doc": "usc", "parsable-cite": "usc/50/3383" }, { "text": "50 U.S.C. 3381(d)(1)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/50/3381" }, { "text": "50 U.S.C. 3383(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/50/3383" }, { "text": "50 U.S.C. 3383(e)(2)", "legal-doc": "usc", "parsable-cite": "usc/50/3383" } ] }, { "text": "307. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba \n(a) Definition of individual detained at Guantanamo \nIn this section, the term individual detained at Guantanamo has the meaning given that term in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 971; 10 U.S.C. 801 note). (b) Prohibition on chartering private or commercial aircraft to transport individuals detained at United States Naval Station, Guantanamo Bay, Cuba \nNo head of an element of the intelligence community may charter any private or commercial aircraft to transport an individual who is or was an individual detained at Guantanamo.", "id": "id283C089602D9464C8E3C2FA5FBDE1B3E", "header": "Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba", "nested": [ { "text": "(a) Definition of individual detained at Guantanamo \nIn this section, the term individual detained at Guantanamo has the meaning given that term in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 971; 10 U.S.C. 801 note).", "id": "id9E8044AD6BE343FCB0AC5E20797DD2B9", "header": "Definition of individual detained at Guantanamo", "nested": [], "links": [ { "text": "Public Law 114–92", "legal-doc": "public-law", "parsable-cite": "pl/114/92" }, { "text": "10 U.S.C. 801", "legal-doc": "usc", "parsable-cite": "usc/10/801" } ] }, { "text": "(b) Prohibition on chartering private or commercial aircraft to transport individuals detained at United States Naval Station, Guantanamo Bay, Cuba \nNo head of an element of the intelligence community may charter any private or commercial aircraft to transport an individual who is or was an individual detained at Guantanamo.", "id": "id065ed55819a94504b864a5784b2f67a1", "header": "Prohibition on chartering private or commercial aircraft to transport individuals detained at United States Naval Station, Guantanamo Bay, Cuba", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 114–92", "legal-doc": "public-law", "parsable-cite": "pl/114/92" }, { "text": "10 U.S.C. 801", "legal-doc": "usc", "parsable-cite": "usc/10/801" } ] }, { "text": "308. Department of Energy science and technology risk assessments \n(a) Definitions \nIn this section: (1) Country of risk \n(A) In general \nThe term country of risk means a foreign country determined by the Secretary, in accordance with subparagraph (B), to present a risk of theft of United States intellectual property or a threat to the national security of the United States if nationals of the country, or entities owned or controlled by the country or nationals of the country, participate in any research, development, demonstration, or deployment activity authorized under this Act or an amendment made by this Act. (B) Determination \nIn making a determination under subparagraph (A), the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence, shall take into consideration— (i) the most recent World Wide Threat Assessment of the United States Intelligence Community, prepared by the Director of National Intelligence; and (ii) the most recent National Counterintelligence Strategy of the United States. (2) Covered support \nThe term covered support means any grant, contract, subcontract, award, loan, program, support, or other activity authorized under this Act or an amendment made by this Act. (3) Entity of concern \nThe term entity of concern means any entity, including a national, that is— (A) identified under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 50 U.S.C. 1701 note; Public Law 105–261 ); (B) identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 note; Public Law 116–283 ); (C) on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations; (D) included in the list required by section 9(b)(3) of the Uyghur Human Rights Policy Act of 2020 ( Public Law 116–145 ; 134 Stat. 656); or (E) identified by the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence and the applicable office that would provide, or is providing, covered support, as posing an unmanageable threat— (i) to the national security of the United States; or (ii) of theft or loss of United States intellectual property. (4) National \nThe term national has the meaning given the term in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (5) Secretary \nThe term Secretary means the Secretary of Energy. (b) Science and technology risk assessment \n(1) In general \nThe Secretary shall develop and maintain tools and processes to manage and mitigate research security risks, such as a science and technology risk matrix, informed by threats identified by the Director of the Office of Intelligence and Counterintelligence, to facilitate determinations of the risk of loss of United States intellectual property or threat to the national security of the United States posed by activities carried out under any covered support. (2) Content and implementation \nIn developing and using the tools and processes developed under paragraph (1), the Secretary shall— (A) deploy risk-based approaches to evaluating, awarding, and managing certain research, development, demonstration, and deployment activities, including designations that will indicate the relative risk of activities; (B) assess, to the extent practicable, ongoing high-risk activities; (C) designate an officer or employee of the Department of Energy to be responsible for tracking and notifying recipients of any covered support of unmanageable threats to United States national security or of theft or loss of United States intellectual property posed by an entity of concern; (D) consider requiring recipients of covered support to implement additional research security mitigations for higher-risk activities if appropriate; and (E) support the development of research security training for recipients of covered support on the risks posed by entities of concern. (3) Annual updates \nThe tools and processes developed under paragraph (1) shall be evaluated annually and updated as needed, with threat-informed input from the Office of Intelligence and Counterintelligence, to reflect changes in the risk designation under paragraph (2)(A) of research, development, demonstration, and deployment activities conducted by the Department of Energy. (c) Entity of concern \n(1) Prohibition \nExcept as provided in paragraph (2), no entity of concern, or individual that owns or controls, is owned or controlled by, or is under common ownership or control with an entity of concern, may receive, or perform work under, any covered support. (2) Waiver of prohibition \n(A) In general \nThe Secretary may waive the prohibition under paragraph (1) if determined by the Secretary to be in the national interest. (B) Notification to Congress \nNot less than 2 weeks prior to issuing a waiver under subparagraph (A), the Secretary shall notify Congress of the intent to issue the waiver, including a justification for the waiver. (3) Penalty \n(A) Termination of support \nOn finding that any entity of concern or individual described in paragraph (1) has received covered support and has not received a waiver under paragraph (2), the Secretary shall terminate all covered support to that entity of concern or individual, as applicable. (B) Penalties \nAn entity of concern or individual identified under subparagraph (A) shall be— (i) prohibited from receiving or participating in covered support for a period of not less than 1 year but not more than 10 years, as determined by the Secretary; or (ii) instead of the penalty described in clause (i), subject to any other penalties authorized under applicable law or regulations that the Secretary determines to be in the national interest. (C) Notification to Congress \nPrior to imposing a penalty under subparagraph (B), the Secretary shall notify Congress of the intent to impose the penalty, including a description of and justification for the penalty. (4) Coordination \nThe Secretary shall— (A) share information about the unmanageable threats described in subsection (a)(3)(E) with other Federal agencies; and (B) develop consistent approaches to identifying entities of concern. (d) International agreements \nThis section shall be applied in a manner consistent with the obligations of the United States under international agreements. (e) Report required \nNot later than 240 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that— (1) describes— (A) the tools and processes developed under subsection (b)(1) and any updates to those tools and processes; and (B) if applicable, the science and technology risk matrix developed under that subsection and how that matrix has been applied; (2) includes a mitigation plan for managing risks posed by countries of risk with respect to future or ongoing research and development activities of the Department of Energy; and (3) defines critical research areas, designated by risk, as determined by the Secretary.", "id": "id840925C0BD1043129AF18EB58FE1D574", "header": "Department of Energy science and technology risk assessments", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Country of risk \n(A) In general \nThe term country of risk means a foreign country determined by the Secretary, in accordance with subparagraph (B), to present a risk of theft of United States intellectual property or a threat to the national security of the United States if nationals of the country, or entities owned or controlled by the country or nationals of the country, participate in any research, development, demonstration, or deployment activity authorized under this Act or an amendment made by this Act. (B) Determination \nIn making a determination under subparagraph (A), the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence, shall take into consideration— (i) the most recent World Wide Threat Assessment of the United States Intelligence Community, prepared by the Director of National Intelligence; and (ii) the most recent National Counterintelligence Strategy of the United States. (2) Covered support \nThe term covered support means any grant, contract, subcontract, award, loan, program, support, or other activity authorized under this Act or an amendment made by this Act. (3) Entity of concern \nThe term entity of concern means any entity, including a national, that is— (A) identified under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 50 U.S.C. 1701 note; Public Law 105–261 ); (B) identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 note; Public Law 116–283 ); (C) on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations; (D) included in the list required by section 9(b)(3) of the Uyghur Human Rights Policy Act of 2020 ( Public Law 116–145 ; 134 Stat. 656); or (E) identified by the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence and the applicable office that would provide, or is providing, covered support, as posing an unmanageable threat— (i) to the national security of the United States; or (ii) of theft or loss of United States intellectual property. (4) National \nThe term national has the meaning given the term in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (5) Secretary \nThe term Secretary means the Secretary of Energy.", "id": "id8e69adb5ff7c4f9bbd4c22a5ab9bf2f7", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "Public Law 105–261", "legal-doc": "public-law", "parsable-cite": "pl/105/261" }, { "text": "10 U.S.C. 113", "legal-doc": "usc", "parsable-cite": "usc/10/113" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "Public Law 116–145", "legal-doc": "public-law", "parsable-cite": "pl/116/145" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Science and technology risk assessment \n(1) In general \nThe Secretary shall develop and maintain tools and processes to manage and mitigate research security risks, such as a science and technology risk matrix, informed by threats identified by the Director of the Office of Intelligence and Counterintelligence, to facilitate determinations of the risk of loss of United States intellectual property or threat to the national security of the United States posed by activities carried out under any covered support. (2) Content and implementation \nIn developing and using the tools and processes developed under paragraph (1), the Secretary shall— (A) deploy risk-based approaches to evaluating, awarding, and managing certain research, development, demonstration, and deployment activities, including designations that will indicate the relative risk of activities; (B) assess, to the extent practicable, ongoing high-risk activities; (C) designate an officer or employee of the Department of Energy to be responsible for tracking and notifying recipients of any covered support of unmanageable threats to United States national security or of theft or loss of United States intellectual property posed by an entity of concern; (D) consider requiring recipients of covered support to implement additional research security mitigations for higher-risk activities if appropriate; and (E) support the development of research security training for recipients of covered support on the risks posed by entities of concern. (3) Annual updates \nThe tools and processes developed under paragraph (1) shall be evaluated annually and updated as needed, with threat-informed input from the Office of Intelligence and Counterintelligence, to reflect changes in the risk designation under paragraph (2)(A) of research, development, demonstration, and deployment activities conducted by the Department of Energy.", "id": "id15aec0d61372489d9440c283eedd0126", "header": "Science and technology risk assessment", "nested": [], "links": [] }, { "text": "(c) Entity of concern \n(1) Prohibition \nExcept as provided in paragraph (2), no entity of concern, or individual that owns or controls, is owned or controlled by, or is under common ownership or control with an entity of concern, may receive, or perform work under, any covered support. (2) Waiver of prohibition \n(A) In general \nThe Secretary may waive the prohibition under paragraph (1) if determined by the Secretary to be in the national interest. (B) Notification to Congress \nNot less than 2 weeks prior to issuing a waiver under subparagraph (A), the Secretary shall notify Congress of the intent to issue the waiver, including a justification for the waiver. (3) Penalty \n(A) Termination of support \nOn finding that any entity of concern or individual described in paragraph (1) has received covered support and has not received a waiver under paragraph (2), the Secretary shall terminate all covered support to that entity of concern or individual, as applicable. (B) Penalties \nAn entity of concern or individual identified under subparagraph (A) shall be— (i) prohibited from receiving or participating in covered support for a period of not less than 1 year but not more than 10 years, as determined by the Secretary; or (ii) instead of the penalty described in clause (i), subject to any other penalties authorized under applicable law or regulations that the Secretary determines to be in the national interest. (C) Notification to Congress \nPrior to imposing a penalty under subparagraph (B), the Secretary shall notify Congress of the intent to impose the penalty, including a description of and justification for the penalty. (4) Coordination \nThe Secretary shall— (A) share information about the unmanageable threats described in subsection (a)(3)(E) with other Federal agencies; and (B) develop consistent approaches to identifying entities of concern.", "id": "id66aa1d23e2b541dd830e7426e441f189", "header": "Entity of concern", "nested": [], "links": [] }, { "text": "(d) International agreements \nThis section shall be applied in a manner consistent with the obligations of the United States under international agreements.", "id": "id1ccab9b71337406984e22f770e588b26", "header": "International agreements", "nested": [], "links": [] }, { "text": "(e) Report required \nNot later than 240 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that— (1) describes— (A) the tools and processes developed under subsection (b)(1) and any updates to those tools and processes; and (B) if applicable, the science and technology risk matrix developed under that subsection and how that matrix has been applied; (2) includes a mitigation plan for managing risks posed by countries of risk with respect to future or ongoing research and development activities of the Department of Energy; and (3) defines critical research areas, designated by risk, as determined by the Secretary.", "id": "ida89e8beafb9a4b9abcb3c69d8bd90519", "header": "Report required", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "Public Law 105–261", "legal-doc": "public-law", "parsable-cite": "pl/105/261" }, { "text": "10 U.S.C. 113", "legal-doc": "usc", "parsable-cite": "usc/10/113" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "Public Law 116–145", "legal-doc": "public-law", "parsable-cite": "pl/116/145" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "309. Congressional oversight of intelligence community risk assessments \n(a) Risk assessment documents and materials \nExcept as provided in subsection (b), whenever an element of the intelligence community conducts a risk assessment arising from the mishandling or improper disclosure of classified information, the Director of National Intelligence shall, not later than 30 days after the date of the commencement of such risk assessment— (1) submit to the congressional intelligence committees copies of such documents and materials as are— (A) within the jurisdiction of such committees; and (B) subject to the risk assessment; and (2) provide such committees a briefing on such documents, materials, and risk assessment. (b) Exception \nIf the Director determines, with respect to a risk assessment described in subsection (a), that the documents and other materials otherwise subject to paragraph (1) of such subsection (a) are of such a volume that submittal pursuant to such paragraph would be impracticable, the Director shall— (1) in lieu of submitting copies of such documents and materials, submit a log of such documents and materials; and (2) pursuant to a request by the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives for a copy of a document or material included in such log, submit to such committee such copy.", "id": "id67c0e423aae842e4a4304c6cb833fc83", "header": "Congressional oversight of intelligence community risk assessments", "nested": [ { "text": "(a) Risk assessment documents and materials \nExcept as provided in subsection (b), whenever an element of the intelligence community conducts a risk assessment arising from the mishandling or improper disclosure of classified information, the Director of National Intelligence shall, not later than 30 days after the date of the commencement of such risk assessment— (1) submit to the congressional intelligence committees copies of such documents and materials as are— (A) within the jurisdiction of such committees; and (B) subject to the risk assessment; and (2) provide such committees a briefing on such documents, materials, and risk assessment.", "id": "id5435fbe24a534fd982905143c77f87d3", "header": "Risk assessment documents and materials", "nested": [], "links": [] }, { "text": "(b) Exception \nIf the Director determines, with respect to a risk assessment described in subsection (a), that the documents and other materials otherwise subject to paragraph (1) of such subsection (a) are of such a volume that submittal pursuant to such paragraph would be impracticable, the Director shall— (1) in lieu of submitting copies of such documents and materials, submit a log of such documents and materials; and (2) pursuant to a request by the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives for a copy of a document or material included in such log, submit to such committee such copy.", "id": "id60fd94e23a814f288c343ffec167a3eb", "header": "Exception", "nested": [], "links": [] } ], "links": [] }, { "text": "310. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document \n(a) Review required \nNot later than 120 days after the date of the enactment of this Act, the Inspector General of the Department of Justice shall conduct a review of the actions and events, including any underlying policy direction, that served as a basis for the January 23, 2023, dissemination by the field office of the Federal Bureau of Investigation located in Richmond, Virginia, of a document titled Interest of Racially or Ethnically Motivated Violent Extremists in Radical-Traditionalist Catholic Ideology Almost Certainly Presents New Mitigation Opportunities.. (b) Submittal to Congress \nThe Inspector General of the Department of Justice shall submit the findings of the Inspector General with respect to the review required by subsection (a) to the following: (1) The congressional intelligence committees. (2) The Committee on the Judiciary, Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate. (3) The Committee on the Judiciary, the Committee on Oversight and Accountability, and the Committee on Appropriations of the House of Representatives.", "id": "id567126fb7ba0413dbce6a4e618a2c5e0", "header": "Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document", "nested": [ { "text": "(a) Review required \nNot later than 120 days after the date of the enactment of this Act, the Inspector General of the Department of Justice shall conduct a review of the actions and events, including any underlying policy direction, that served as a basis for the January 23, 2023, dissemination by the field office of the Federal Bureau of Investigation located in Richmond, Virginia, of a document titled Interest of Racially or Ethnically Motivated Violent Extremists in Radical-Traditionalist Catholic Ideology Almost Certainly Presents New Mitigation Opportunities..", "id": "id252938825ee444339a1b55a95f2b3efe", "header": "Review required", "nested": [], "links": [] }, { "text": "(b) Submittal to Congress \nThe Inspector General of the Department of Justice shall submit the findings of the Inspector General with respect to the review required by subsection (a) to the following: (1) The congressional intelligence committees. (2) The Committee on the Judiciary, Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate. (3) The Committee on the Judiciary, the Committee on Oversight and Accountability, and the Committee on Appropriations of the House of Representatives.", "id": "id5a85656a90694c0a879f0c7a12c781b9", "header": "Submittal to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "311. Office of Intelligence and Analysis \nSection 201 of the Homeland Security Act of 2002 ( 6 U.S.C. 121 ) is amended by adding at the end the following: (h) Prohibition \n(1) Definition \nIn this subsection, the term United States person means a United States citizen, an alien known by the Office of Intelligence and Analysis to be a permanent resident alien, an unincorporated association substantially composed of United States citizens or permanent resident aliens, or a corporation incorporated in the United States, except for a corporation directed and controlled by 1 or more foreign governments. (2) Collection of information from United States persons \n(A) In general \nNotwithstanding any other provision of law, the Office of Intelligence and Analysis may not engage in the collection of information or intelligence targeting any United States person except as provided in subparagraph (B). (B) Exception \nSubparagraph (A) shall not apply to any employee, officer, or contractor of the Office of Intelligence and Analysis who is responsible for collecting information from individuals working for a State, local, or Tribal territory government or a private employer..", "id": "id4A867A22589D45C8AA8641922FCF51FD", "header": "Office of Intelligence and Analysis", "nested": [], "links": [ { "text": "6 U.S.C. 121", "legal-doc": "usc", "parsable-cite": "usc/6/121" } ] }, { "text": "321. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations \nSection 15(b) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3515(b) ) is amended, in the second sentence, by striking those specified in section 1315(c)(2) of title 40, United States Code and inserting the maximum penalty authorized for a Class B misdemeanor under section 3559 of title 18, United States Code.", "id": "idad285e6a83f844999a7117f737c432f2", "header": "Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations", "nested": [], "links": [ { "text": "50 U.S.C. 3515(b)", "legal-doc": "usc", "parsable-cite": "usc/50/3515" } ] }, { "text": "322. Modifications to procurement authorities of the Central Intelligence Agency \nSection 3 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3503 ) is amended— (1) in subsection (a), by striking sections and all that follows through session) and inserting sections 3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through 3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title 10, United States Code and (2) in subsection (d), by striking in paragraphs and all that follows through 1947 and inserting in sections 3201 through 3204 of title 10, United States Code, shall not be delegable. Each determination or decision required by sections 3201 through 3204, 3321 through 3323, and 3841 of title 10, United States Code.", "id": "id937E87F672914DAEA3970582B1EE95EC", "header": "Modifications to procurement authorities of the Central Intelligence Agency", "nested": [], "links": [ { "text": "50 U.S.C. 3503", "legal-doc": "usc", "parsable-cite": "usc/50/3503" } ] }, { "text": "323. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure \n(a) Workplace sexual misconduct defined \nThe term workplace sexual misconduct — (1) means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when— (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (C) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment; and (2) includes sexual harassment and sexual assault. (b) Standard complaint investigation procedure \nNot later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall— (1) establish a standard workplace sexual misconduct complaint investigation procedure; (2) implement the standard workplace sexual misconduct complaint investigation procedure through clear workforce communication and education on the procedure; and (3) submit the standard workplace sexual misconduct complaint investigation procedure to the congressional intelligence committees. (c) Minimum requirements \nThe procedure established pursuant to subsection (b)(1) shall, at a minimum— (1) identify the individuals and offices of the Central Intelligence Agency to which an employee of the Agency may bring a complaint of workplace sexual misconduct; (2) detail the steps each individual or office identified pursuant to paragraph (1) shall take upon receipt of a complaint of workplace sexual misconduct and the timeframes within which those steps shall be taken, including— (A) documentation of the complaint; (B) referral or notification to another individual or office; (C) measures to document or preserve witness statements or other evidence; and (D) preliminary investigation of the complaint; (3) set forth standard criteria for determining whether a complaint of workplace sexual misconduct will be referred to law enforcement and the timeframe within which such a referral shall occur; and (4) for any complaint not referred to law enforcement, set forth standard criteria for determining— (A) whether a complaint has been substantiated; and (B) for any substantiated complaint, the appropriate disciplinary action. (d) Annual reports \nOn or before April 30 of each year, the Director shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives an annual report that includes, for the preceding calendar year, the following: (1) The number of workplace sexual misconduct complaints brought to each individual or office of the Central Intelligence Agency identified pursuant to subsection (c)(1), disaggregated by— (A) complaints referred to law enforcement; and (B) complaints substantiated. (2) For each complaint described in paragraph (1) that is substantiated, a description of the disciplinary action taken by the Director.", "id": "ida6fb2d5baddf482085a5d7a52745e206", "header": "Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure", "nested": [ { "text": "(a) Workplace sexual misconduct defined \nThe term workplace sexual misconduct — (1) means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when— (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (C) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment; and (2) includes sexual harassment and sexual assault.", "id": "idadbac7c1643a4e9489279d81b6be52ad", "header": "Workplace sexual misconduct defined", "nested": [], "links": [] }, { "text": "(b) Standard complaint investigation procedure \nNot later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall— (1) establish a standard workplace sexual misconduct complaint investigation procedure; (2) implement the standard workplace sexual misconduct complaint investigation procedure through clear workforce communication and education on the procedure; and (3) submit the standard workplace sexual misconduct complaint investigation procedure to the congressional intelligence committees.", "id": "idf02c0c320c024126b4208cea827282d9", "header": "Standard complaint investigation procedure", "nested": [], "links": [] }, { "text": "(c) Minimum requirements \nThe procedure established pursuant to subsection (b)(1) shall, at a minimum— (1) identify the individuals and offices of the Central Intelligence Agency to which an employee of the Agency may bring a complaint of workplace sexual misconduct; (2) detail the steps each individual or office identified pursuant to paragraph (1) shall take upon receipt of a complaint of workplace sexual misconduct and the timeframes within which those steps shall be taken, including— (A) documentation of the complaint; (B) referral or notification to another individual or office; (C) measures to document or preserve witness statements or other evidence; and (D) preliminary investigation of the complaint; (3) set forth standard criteria for determining whether a complaint of workplace sexual misconduct will be referred to law enforcement and the timeframe within which such a referral shall occur; and (4) for any complaint not referred to law enforcement, set forth standard criteria for determining— (A) whether a complaint has been substantiated; and (B) for any substantiated complaint, the appropriate disciplinary action.", "id": "ide4ac349447d64cf298bca15882bd8b91", "header": "Minimum requirements", "nested": [], "links": [] }, { "text": "(d) Annual reports \nOn or before April 30 of each year, the Director shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives an annual report that includes, for the preceding calendar year, the following: (1) The number of workplace sexual misconduct complaints brought to each individual or office of the Central Intelligence Agency identified pursuant to subsection (c)(1), disaggregated by— (A) complaints referred to law enforcement; and (B) complaints substantiated. (2) For each complaint described in paragraph (1) that is substantiated, a description of the disciplinary action taken by the Director.", "id": "id71f9db07fa5244178c45094bd6bee66a", "header": "Annual reports", "nested": [], "links": [] } ], "links": [] }, { "text": "401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China \n(a) Definitions \nIn this section: (1) Atrocity \nThe term atrocity means a crime against humanity, genocide, or a war crime. (2) Foreign person \nThe term foreign person means— (A) any person or entity that is not a United States person; or (B) any entity not organized under the laws of the United States or of any jurisdiction within the United States. (3) United states person \nThe term United States person has the meaning given that term in section 105A(c) of the National Security Act of 1947 ( 50 U.S.C. 3039 ). (b) Intelligence community coordinator for accountability of atrocities of the People's Republic of China \n(1) Designation \nNot later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall designate a senior official of the Office of the Director of National Intelligence to serve as the intelligence community coordinator for accountability of atrocities of the People's Republic of China (in this section referred to as the Coordinator ). (2) Duties \nThe Coordinator shall lead the efforts of and coordinate and collaborate with the intelligence community with respect to the following: (A) Identifying and addressing any gaps in intelligence collection relating to atrocities of the People's Republic of China, including by recommending the modification of the priorities of the intelligence community with respect to intelligence collection and by utilizing informal processes and collaborative mechanisms with key elements of the intelligence community to increase collection on atrocities of the People's Republic of China. (B) Prioritizing and expanding the intelligence analysis with respect to ongoing atrocities of the People's Republic of China and disseminating within the United States Government intelligence relating to the identification and activities of foreign persons suspected of being involved with or providing support to atrocities of the People's Republic of China, including genocide and forced labor practices in Xinjiang, in order to support the efforts of other Federal agencies, including the Department of State, the Department of Justice, the Department of the Treasury, the Office of Foreign Assets Control, the Department of Commerce, the Bureau of Industry and Security, U.S. Customs and Border Protection, and the National Security Council, to hold the People's Republic of China accountable for such atrocities. (C) Increasing efforts to declassify and share with the people of the United States and the international community information regarding atrocities of the People's Republic of China in order to expose such atrocities and counter the disinformation and misinformation campaign by the People's Republic of China to deny such atrocities. (D) Documenting and storing intelligence and other unclassified information that may be relevant to preserve as evidence of atrocities of the People's Republic of China for future accountability, and ensuring that other relevant Federal agencies receive appropriate support from the intelligence community with respect to the collection, analysis, preservation, and, as appropriate, dissemination, of intelligence related to atrocities of the People's Republic of China, which may include the information from the annual report required by section 6504 of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ). (E) Sharing information with the Forced Labor Enforcement Task Force, established under section 741 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4681 ), the Department of Commerce, and the Department of the Treasury for the purposes of entity listings and sanctions. (3) Plan required \nNot later than 120 days after the date of the enactment of this Act, the Director shall submit to the appropriate committees of Congress— (A) the name of the official designated as the Coordinator pursuant to paragraph (1); and (B) the strategy of the intelligence community for the collection and dissemination of intelligence relating to ongoing atrocities of the People's Republic of China, including a detailed description of how the Coordinator shall support, and assist in facilitating the implementation of, such strategy. (4) Annual report to Congress \n(A) Reports required \nNot later than May 1, 2024, and annually thereafter until May 1, 2034, the Director shall submit to Congress a report detailing, for the year covered by the report— (i) the analytical findings, changes in collection, and other activities of the intelligence community with respect to ongoing atrocities of the People's Republic of China; (ii) the recipients of information shared pursuant to this section for the purpose of— (I) providing support to Federal agencies to hold the People's Republic of China accountable for such atrocities; and (II) sharing information with the people of the United States to counter the disinformation and misinformation campaign by the People's Republic of China to deny such atrocities; and (iii) with respect to clause (ii), the date of any such sharing. (B) Form \nEach report submitted under subparagraph (A) may be submitted in classified form, consistent with the protection of intelligence sources and methods. (c) Sunset \nThis section shall cease to have effect on the date that is 10 years after the date of the enactment of this Act.", "id": "idbba37a53bfe04e37a0ba404de509e910", "header": "Intelligence community coordinator for accountability of atrocities of the People's Republic of China", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Atrocity \nThe term atrocity means a crime against humanity, genocide, or a war crime. (2) Foreign person \nThe term foreign person means— (A) any person or entity that is not a United States person; or (B) any entity not organized under the laws of the United States or of any jurisdiction within the United States. (3) United states person \nThe term United States person has the meaning given that term in section 105A(c) of the National Security Act of 1947 ( 50 U.S.C. 3039 ).", "id": "ida81ecaea97b54ef2bda00466114e3c68", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 3039", "legal-doc": "usc", "parsable-cite": "usc/50/3039" } ] }, { "text": "(b) Intelligence community coordinator for accountability of atrocities of the People's Republic of China \n(1) Designation \nNot later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall designate a senior official of the Office of the Director of National Intelligence to serve as the intelligence community coordinator for accountability of atrocities of the People's Republic of China (in this section referred to as the Coordinator ). (2) Duties \nThe Coordinator shall lead the efforts of and coordinate and collaborate with the intelligence community with respect to the following: (A) Identifying and addressing any gaps in intelligence collection relating to atrocities of the People's Republic of China, including by recommending the modification of the priorities of the intelligence community with respect to intelligence collection and by utilizing informal processes and collaborative mechanisms with key elements of the intelligence community to increase collection on atrocities of the People's Republic of China. (B) Prioritizing and expanding the intelligence analysis with respect to ongoing atrocities of the People's Republic of China and disseminating within the United States Government intelligence relating to the identification and activities of foreign persons suspected of being involved with or providing support to atrocities of the People's Republic of China, including genocide and forced labor practices in Xinjiang, in order to support the efforts of other Federal agencies, including the Department of State, the Department of Justice, the Department of the Treasury, the Office of Foreign Assets Control, the Department of Commerce, the Bureau of Industry and Security, U.S. Customs and Border Protection, and the National Security Council, to hold the People's Republic of China accountable for such atrocities. (C) Increasing efforts to declassify and share with the people of the United States and the international community information regarding atrocities of the People's Republic of China in order to expose such atrocities and counter the disinformation and misinformation campaign by the People's Republic of China to deny such atrocities. (D) Documenting and storing intelligence and other unclassified information that may be relevant to preserve as evidence of atrocities of the People's Republic of China for future accountability, and ensuring that other relevant Federal agencies receive appropriate support from the intelligence community with respect to the collection, analysis, preservation, and, as appropriate, dissemination, of intelligence related to atrocities of the People's Republic of China, which may include the information from the annual report required by section 6504 of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ). (E) Sharing information with the Forced Labor Enforcement Task Force, established under section 741 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4681 ), the Department of Commerce, and the Department of the Treasury for the purposes of entity listings and sanctions. (3) Plan required \nNot later than 120 days after the date of the enactment of this Act, the Director shall submit to the appropriate committees of Congress— (A) the name of the official designated as the Coordinator pursuant to paragraph (1); and (B) the strategy of the intelligence community for the collection and dissemination of intelligence relating to ongoing atrocities of the People's Republic of China, including a detailed description of how the Coordinator shall support, and assist in facilitating the implementation of, such strategy. (4) Annual report to Congress \n(A) Reports required \nNot later than May 1, 2024, and annually thereafter until May 1, 2034, the Director shall submit to Congress a report detailing, for the year covered by the report— (i) the analytical findings, changes in collection, and other activities of the intelligence community with respect to ongoing atrocities of the People's Republic of China; (ii) the recipients of information shared pursuant to this section for the purpose of— (I) providing support to Federal agencies to hold the People's Republic of China accountable for such atrocities; and (II) sharing information with the people of the United States to counter the disinformation and misinformation campaign by the People's Republic of China to deny such atrocities; and (iii) with respect to clause (ii), the date of any such sharing. (B) Form \nEach report submitted under subparagraph (A) may be submitted in classified form, consistent with the protection of intelligence sources and methods.", "id": "idd689fc76d28c433297ef1e49918ded8e", "header": "Intelligence community coordinator for accountability of atrocities of the People's Republic of China", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "19 U.S.C. 4681", "legal-doc": "usc", "parsable-cite": "usc/19/4681" } ] }, { "text": "(c) Sunset \nThis section shall cease to have effect on the date that is 10 years after the date of the enactment of this Act.", "id": "id2308e98c037f4f9997b433026b7fa2e7", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3039", "legal-doc": "usc", "parsable-cite": "usc/50/3039" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" }, { "text": "19 U.S.C. 4681", "legal-doc": "usc", "parsable-cite": "usc/19/4681" } ] }, { "text": "402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa \n(a) Establishment \n(1) In general \nThe Director of National Intelligence, in consultation with such heads of elements of the intelligence community as the Director considers appropriate, shall establish an interagency working group within the intelligence community to analyze the tactics and capabilities of the People’s Republic of China in Africa. (2) Establishment flexibility \nThe working group established under paragraph (1) may be— (A) independently established; or (B) to avoid redundancy, incorporated into existing working groups or cross-intelligence efforts within the intelligence community. (b) Report \n(1) Definition of appropriate committees of Congress \nIn this subsection, the term appropriate committees of Congress means— (A) the congressional intelligence committees; (B) the Committee on Foreign Relations and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (C) the Committee on Foreign Affairs and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) In general \nNot later than 120 days after the date of the enactment of this Act, and twice annually thereafter, the working group established under subsection (a) shall submit to the appropriate committees of Congress a report on the specific tactics and capabilities of the People’s Republic of China in Africa. (3) Elements \nEach report required by paragraph (2) shall include the following elements: (A) An assessment of efforts by the Government of the People's Republic of China to exploit mining and reprocessing operations in Africa. (B) An assessment of efforts by the Government of the People's Republic of China to provide or fund technologies in Africa, including— (i) telecommunications and energy technologies, such as advanced reactors, transportation, and other commercial products; and (ii) by requiring that the People's Republic of China be the sole provider of such technologies. (C) An assessment of efforts by the Government of the People's Republic of China to expand intelligence capabilities in Africa. (D) A description of actions taken by the intelligence community to counter such efforts. (E) An assessment of additional resources needed by the intelligence community to better counter such efforts. (4) Form \nEach report required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex if necessary. (c) Sunset \nThe requirements of this section shall terminate on the date that is 5 years after the date of the enactment of this Act.", "id": "id3faef56949cb4322867abf341bdcf93f", "header": "Interagency working group and report on the malign efforts of the People's Republic of China in Africa", "nested": [ { "text": "(a) Establishment \n(1) In general \nThe Director of National Intelligence, in consultation with such heads of elements of the intelligence community as the Director considers appropriate, shall establish an interagency working group within the intelligence community to analyze the tactics and capabilities of the People’s Republic of China in Africa. (2) Establishment flexibility \nThe working group established under paragraph (1) may be— (A) independently established; or (B) to avoid redundancy, incorporated into existing working groups or cross-intelligence efforts within the intelligence community.", "id": "ide281527e0ff54d4b9dff162cf1bbdce6", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Report \n(1) Definition of appropriate committees of Congress \nIn this subsection, the term appropriate committees of Congress means— (A) the congressional intelligence committees; (B) the Committee on Foreign Relations and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (C) the Committee on Foreign Affairs and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) In general \nNot later than 120 days after the date of the enactment of this Act, and twice annually thereafter, the working group established under subsection (a) shall submit to the appropriate committees of Congress a report on the specific tactics and capabilities of the People’s Republic of China in Africa. (3) Elements \nEach report required by paragraph (2) shall include the following elements: (A) An assessment of efforts by the Government of the People's Republic of China to exploit mining and reprocessing operations in Africa. (B) An assessment of efforts by the Government of the People's Republic of China to provide or fund technologies in Africa, including— (i) telecommunications and energy technologies, such as advanced reactors, transportation, and other commercial products; and (ii) by requiring that the People's Republic of China be the sole provider of such technologies. (C) An assessment of efforts by the Government of the People's Republic of China to expand intelligence capabilities in Africa. (D) A description of actions taken by the intelligence community to counter such efforts. (E) An assessment of additional resources needed by the intelligence community to better counter such efforts. (4) Form \nEach report required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex if necessary.", "id": "ida4e255b61e4447c6966cf173ef4a01a0", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Sunset \nThe requirements of this section shall terminate on the date that is 5 years after the date of the enactment of this Act.", "id": "idbb5f3340cb02470a8f5882c89a4d564f", "header": "Sunset", "nested": [], "links": [] } ], "links": [] }, { "text": "403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China \nSection 6503(c)(3)(D) of the Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117–263 ) is amended by striking the top 200 and inserting all the known.", "id": "id38fc2bb65377436693f0c3427f19a9d5", "header": "Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Assistant Secretary of State for Intelligence and Research, in consultation with the Director of National Intelligence and such other heads of elements of the intelligence community as the Assistant Secretary considers relevant, shall submit to Congress the following: (1) A comprehensive assessment that identifies critical areas in the security, diplomatic, economic, financial, technological, scientific, commercial, academic, and cultural spheres in which the United States does not enjoy a reciprocal relationship with the People's Republic of China. (2) A comprehensive assessment that describes how the lack of reciprocity between the People's Republic of China and the United States in the areas identified in the assessment required by paragraph (1) provides advantages to the People's Republic of China. (b) Form of assessments \n(1) Critical areas \nThe assessment required by subsection (a)(1) shall be submitted in unclassified form. (2) Advantages \nThe assessment required by subsection (a)(2) shall be submitted in classified form.", "id": "idD2787E4FA4704B6DA9D928CCE114123B", "header": "Assessments of reciprocity in the relationship between the United States and the People’s Republic of China", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Assistant Secretary of State for Intelligence and Research, in consultation with the Director of National Intelligence and such other heads of elements of the intelligence community as the Assistant Secretary considers relevant, shall submit to Congress the following: (1) A comprehensive assessment that identifies critical areas in the security, diplomatic, economic, financial, technological, scientific, commercial, academic, and cultural spheres in which the United States does not enjoy a reciprocal relationship with the People's Republic of China. (2) A comprehensive assessment that describes how the lack of reciprocity between the People's Republic of China and the United States in the areas identified in the assessment required by paragraph (1) provides advantages to the People's Republic of China.", "id": "id0B723BC942664CB3B337CEFC920D3EE4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Form of assessments \n(1) Critical areas \nThe assessment required by subsection (a)(1) shall be submitted in unclassified form. (2) Advantages \nThe assessment required by subsection (a)(2) shall be submitted in classified form.", "id": "idf9951e5258554e6da58f2f888b79b1a8", "header": "Form of assessments", "nested": [], "links": [] } ], "links": [] }, { "text": "405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party and Russian foreign malign influence operations against the United States \n(a) Definitions \nIn this section: (1) Chinese entities engaged in foreign malign influence operations \nThe term hinese entities engaged in foreign malign influence operations means all of the elements of the Government of the People’s Republic of China and the Chinese Communist Party involved in foreign malign influence, such as— (A) the Ministry of State Security; (B) other security services of the People's Republic of China; (C) the intelligence services of the People’s Republic of China; (D) the United Front Work Department and other united front organs; (E) state-controlled media systems, such as the China Global Television Network (CGTN); and (F) any entity involved in foreign malign influence operations that demonstrably and intentionally disseminate false information and propaganda of the Government of the People’s Republic of China or the Chinese Communist Party. (2) Russian malign influence actors \nThe term Russian malign influence actors refers to entities or individuals engaged in foreign malign influence operations against the United States who are affiliated with— (A) the intelligence and security services of the Russian Federation (B) the Presidential Administration; (C) any other entity of the Government of the Russian Federation; or (D) Russian mercenary or proxy groups such as the Wagner Group. (3) Foreign malign influence operation \nThe term foreign malign influence operation means a coordinated and often concealed activity that is covered by the definition of the term foreign malign influence in section 119C of the National Security Act of 1947 ( 50 U.S.C. 3059 ) and uses disinformation, press manipulation, economic coercion, targeted investments, corruption, or academic censorship, which are often intended— (A) to coerce and corrupt United States interests, values, institutions, or individuals; and (B) to foster attitudes, behavior, decisions, or outcomes in the United States that support the interests of the Government of the People’s Republic of China or the Chinese Communist Party. (b) Briefing required \nNot later than 120 days after the date of the enactment of this Act and annually thereafter until the date that is 5 years after the date of the enactment of this Act, the Director of the Foreign Malign Influence Center shall, in collaboration with the heads of the elements of the intelligence community, provide Congress a classified briefing on the ways in which the relevant elements of the intelligence community are working internally and coordinating across the intelligence community to identify and mitigate the actions of Chinese and Russian entities engaged in foreign malign influence operations against the United States, including against United States persons. (c) Elements \nThe classified briefing required by subsection (b) shall cover the following: (1) The Government of the Russian Federation, the Government of the People’s Republic of China, and the Chinese Communist Party tactics, tools, and entities that spread disinformation, misinformation, and malign information and conduct influence operations, information campaigns, or other propaganda efforts. (2) A description of ongoing foreign malign influence operations and campaigns of the Russian Federation against the United States and an assessment of their objectives and effectiveness in meeting those objectives. (3) A description of ongoing foreign malign influence operations and campaigns of the People's Republic of China against the United States and an assessment of their objectives and effectiveness in meeting those objectives. (4) A description of any cooperation, information-sharing, amplification, or other coordination between the Russian Federation and the People's Republic of China in developing or carrying out foreign malign influence operations against the United States. (5) A description of front organizations, proxies, cut-outs, aligned third-party countries, or organizations used by the Russian Federation or the People's Republic of China to carry out foreign malign influence operations against the United States. (6) An assessment of the loopholes or vulnerabilities in United States law that Russia and the People's Republic of China exploit to carry out foreign malign influence operations. (7) The actions of the Foreign Malign Influence Center, in coordination with the Global Engagement Center, relating to early-warning, information sharing, and proactive risk mitigation systems, based on the list of entities identified in subsection (a)(1), to detect, expose, deter, and counter foreign malign influence operations of the Government of the People’s Republic of China or the Chinese Communist Party against the United States. (8) The actions of the Foreign Malign Influence Center to conduct outreach, to identify and counter tactics, tools, and entities described in paragraph (1) by sharing information with allies and partners of the United States, in coordination with the Global Engagement Center, as well as State and local governments, the business community, and civil society in order to expose the political influence operations and information operations of the Government of the Russian Federation and the Government of the People’s Republic of China or the Chinese Communist Party carried out against individuals and entities in the United States.", "id": "id750fef85beea45d689cde88ec38114a2", "header": "Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party and Russian foreign malign influence operations against the United States", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Chinese entities engaged in foreign malign influence operations \nThe term hinese entities engaged in foreign malign influence operations means all of the elements of the Government of the People’s Republic of China and the Chinese Communist Party involved in foreign malign influence, such as— (A) the Ministry of State Security; (B) other security services of the People's Republic of China; (C) the intelligence services of the People’s Republic of China; (D) the United Front Work Department and other united front organs; (E) state-controlled media systems, such as the China Global Television Network (CGTN); and (F) any entity involved in foreign malign influence operations that demonstrably and intentionally disseminate false information and propaganda of the Government of the People’s Republic of China or the Chinese Communist Party. (2) Russian malign influence actors \nThe term Russian malign influence actors refers to entities or individuals engaged in foreign malign influence operations against the United States who are affiliated with— (A) the intelligence and security services of the Russian Federation (B) the Presidential Administration; (C) any other entity of the Government of the Russian Federation; or (D) Russian mercenary or proxy groups such as the Wagner Group. (3) Foreign malign influence operation \nThe term foreign malign influence operation means a coordinated and often concealed activity that is covered by the definition of the term foreign malign influence in section 119C of the National Security Act of 1947 ( 50 U.S.C. 3059 ) and uses disinformation, press manipulation, economic coercion, targeted investments, corruption, or academic censorship, which are often intended— (A) to coerce and corrupt United States interests, values, institutions, or individuals; and (B) to foster attitudes, behavior, decisions, or outcomes in the United States that support the interests of the Government of the People’s Republic of China or the Chinese Communist Party.", "id": "id8da04df2a6eb495b9907528d2b98b470", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 3059", "legal-doc": "usc", "parsable-cite": "usc/50/3059" } ] }, { "text": "(b) Briefing required \nNot later than 120 days after the date of the enactment of this Act and annually thereafter until the date that is 5 years after the date of the enactment of this Act, the Director of the Foreign Malign Influence Center shall, in collaboration with the heads of the elements of the intelligence community, provide Congress a classified briefing on the ways in which the relevant elements of the intelligence community are working internally and coordinating across the intelligence community to identify and mitigate the actions of Chinese and Russian entities engaged in foreign malign influence operations against the United States, including against United States persons.", "id": "id033c2d6349e94a93b634f703dee30eee", "header": "Briefing required", "nested": [], "links": [] }, { "text": "(c) Elements \nThe classified briefing required by subsection (b) shall cover the following: (1) The Government of the Russian Federation, the Government of the People’s Republic of China, and the Chinese Communist Party tactics, tools, and entities that spread disinformation, misinformation, and malign information and conduct influence operations, information campaigns, or other propaganda efforts. (2) A description of ongoing foreign malign influence operations and campaigns of the Russian Federation against the United States and an assessment of their objectives and effectiveness in meeting those objectives. (3) A description of ongoing foreign malign influence operations and campaigns of the People's Republic of China against the United States and an assessment of their objectives and effectiveness in meeting those objectives. (4) A description of any cooperation, information-sharing, amplification, or other coordination between the Russian Federation and the People's Republic of China in developing or carrying out foreign malign influence operations against the United States. (5) A description of front organizations, proxies, cut-outs, aligned third-party countries, or organizations used by the Russian Federation or the People's Republic of China to carry out foreign malign influence operations against the United States. (6) An assessment of the loopholes or vulnerabilities in United States law that Russia and the People's Republic of China exploit to carry out foreign malign influence operations. (7) The actions of the Foreign Malign Influence Center, in coordination with the Global Engagement Center, relating to early-warning, information sharing, and proactive risk mitigation systems, based on the list of entities identified in subsection (a)(1), to detect, expose, deter, and counter foreign malign influence operations of the Government of the People’s Republic of China or the Chinese Communist Party against the United States. (8) The actions of the Foreign Malign Influence Center to conduct outreach, to identify and counter tactics, tools, and entities described in paragraph (1) by sharing information with allies and partners of the United States, in coordination with the Global Engagement Center, as well as State and local governments, the business community, and civil society in order to expose the political influence operations and information operations of the Government of the Russian Federation and the Government of the People’s Republic of China or the Chinese Communist Party carried out against individuals and entities in the United States.", "id": "ideefe6148871c42ea8cb30189193e6bfb", "header": "Elements", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3059", "legal-doc": "usc", "parsable-cite": "usc/50/3059" } ] }, { "text": "406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern \n(a) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the congressional intelligence committees; (B) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Banking, Housing, and Urban Affairs, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (C) the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Financial Services, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) Country of concern \nThe term country of concern has the meaning given that term in section 1(m)(1) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(m)(1) ). (b) Assessment \nThe Director of National Intelligence, in coordination with such other heads of the elements of the intelligence community as the Director considers appropriate and the Secretary of Defense, shall conduct an assessment of the threat posed to United States ports by cranes manufactured by countries of concern and commercial entities of those countries, including the Shanghai Zhenhua Heavy Industries Co. (ZPMC). (c) Report and briefing \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit a report and provide a briefing to the appropriate committees of Congress on the findings of the assessment required by subsection (b). (2) Elements \nThe report and briefing required by paragraph (1) shall outline the potential for the cranes described in subsection (b) to collect intelligence, disrupt operations at United States ports, and impact the national security of the United States. (3) Form of report \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.", "id": "idBF42997E957547C6974250175B4FFF64", "header": "Assessment of threat posed to United States ports by cranes manufactured by countries of concern", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the congressional intelligence committees; (B) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Banking, Housing, and Urban Affairs, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (C) the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Financial Services, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) Country of concern \nThe term country of concern has the meaning given that term in section 1(m)(1) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(m)(1) ).", "id": "id4D1A3B3D0B53462AA6A5830D1B32FDDD", "header": "Definitions", "nested": [], "links": [ { "text": "22 U.S.C. 2651a(m)(1)", "legal-doc": "usc", "parsable-cite": "usc/22/2651a" } ] }, { "text": "(b) Assessment \nThe Director of National Intelligence, in coordination with such other heads of the elements of the intelligence community as the Director considers appropriate and the Secretary of Defense, shall conduct an assessment of the threat posed to United States ports by cranes manufactured by countries of concern and commercial entities of those countries, including the Shanghai Zhenhua Heavy Industries Co. (ZPMC).", "id": "id5cdf4c4f46e94d0a8fa6388e4474e720", "header": "Assessment", "nested": [], "links": [] }, { "text": "(c) Report and briefing \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit a report and provide a briefing to the appropriate committees of Congress on the findings of the assessment required by subsection (b). (2) Elements \nThe report and briefing required by paragraph (1) shall outline the potential for the cranes described in subsection (b) to collect intelligence, disrupt operations at United States ports, and impact the national security of the United States. (3) Form of report \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.", "id": "id7615babfc60a46edaa9911708d4bec08", "header": "Report and briefing", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2651a(m)(1)", "legal-doc": "usc", "parsable-cite": "usc/22/2651a" } ] }, { "text": "411. Report on efforts to capture and detain United States citizens as hostages \n(a) Definition of appropriate committees of Congress \nIn this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Foreign Relations, the Committee on the Judiciary, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (3) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (b) In general \nNot later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report on efforts by the Maduro regime in Venezuela to detain United States citizens and lawful permanent residents. (c) Elements \nThe report required by subsection (b) shall include, regarding the arrest, capture, detainment, or imprisonment of United States citizens and lawful permanent residents, the following: (1) The names, positions, and institutional affiliation of Venezuelan individuals, or those acting on their behalf, who have engaged in such activities. (2) A description of any role played by transnational criminal organizations, and an identification of such organizations. (3) Where relevant, an assessment of whether and how United States citizens and lawful permanent residents have been lured to Venezuela. (4) An analysis of the motive for the arrest, capture, detainment, or imprisonment of United States citizens and lawful permanent residents. (5) The total number of United States citizens and lawful permanent residents detained or imprisoned in Venezuela as of the date on which the report is submitted. (d) Form \nThe report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.", "id": "id04a5612e232548acb5a23dd669fdd1aa", "header": "Report on efforts to capture and detain United States citizens as hostages", "nested": [ { "text": "(a) Definition of appropriate committees of Congress \nIn this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Foreign Relations, the Committee on the Judiciary, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (3) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.", "id": "id94B4ED2C48CB49E7A3A4501C49658374", "header": "Definition of appropriate committees of Congress", "nested": [], "links": [] }, { "text": "(b) In general \nNot later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report on efforts by the Maduro regime in Venezuela to detain United States citizens and lawful permanent residents.", "id": "id5ab0feb38e1b49da99f1cafdd20654a1", "header": "In general", "nested": [], "links": [] }, { "text": "(c) Elements \nThe report required by subsection (b) shall include, regarding the arrest, capture, detainment, or imprisonment of United States citizens and lawful permanent residents, the following: (1) The names, positions, and institutional affiliation of Venezuelan individuals, or those acting on their behalf, who have engaged in such activities. (2) A description of any role played by transnational criminal organizations, and an identification of such organizations. (3) Where relevant, an assessment of whether and how United States citizens and lawful permanent residents have been lured to Venezuela. (4) An analysis of the motive for the arrest, capture, detainment, or imprisonment of United States citizens and lawful permanent residents. (5) The total number of United States citizens and lawful permanent residents detained or imprisoned in Venezuela as of the date on which the report is submitted.", "id": "id5006a3905dcd4bdcaff87e1d5fe8a216", "header": "Elements", "nested": [], "links": [] }, { "text": "(d) Form \nThe report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.", "id": "id730cbf3a64cc4958a0798353217a4bf4", "header": "Form", "nested": [], "links": [] } ], "links": [] }, { "text": "412. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework \nIt is the sense of Congress that the trafficking of illicit fentanyl, including precursor chemicals and manufacturing equipment associated with illicit fentanyl production and organizations that traffic or finance the trafficking of illicit fentanyl, originating from the People's Republic of China and Mexico should be among the highest priorities in the National Intelligence Priorities Framework of the Office of the Director of National Intelligence.", "id": "id74707834683c440987357963f77fd327", "header": "Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework", "nested": [], "links": [] }, { "text": "501. Assignment of detailees from intelligence community to Department of Commerce \n(a) Authority \nIn order to better facilitate the sharing of actionable intelligence on foreign adversary intent, capabilities, threats, and operations that pose a threat to the interests or security of the United States, particularly as they relate to the procurement, development, and use of dual-use and emerging technologies, the Director of National Intelligence may assign or facilitate the assignment of members from across the intelligence community to serve as detailees to the Bureau of Industry and Security of the Department of Commerce. (b) Assignment \nDetailees assigned pursuant to subsection (a) shall be drawn from such elements of the intelligence community as the Director considers appropriate, in consultation with the Secretary of Commerce. (c) Expertise \nThe Director shall ensure that detailees assigned pursuant to subsection (a) have subject matter expertise on countries of concern, including China, Iran, North Korea, and Russia, as well as functional areas such as illicit procurement, counterproliferation, emerging and foundational technology, economic and financial intelligence, information and communications technology systems, supply chain vulnerability, and counterintelligence. (d) Duty credit \nThe detail of an employee of the intelligence community to the Department of Commerce under subsection (a) shall be without interruption or loss of civil service status or privilege.", "id": "id884d6f8bccb64aad81e3eed1f7afd9b8", "header": "Assignment of detailees from intelligence community to Department of Commerce", "nested": [ { "text": "(a) Authority \nIn order to better facilitate the sharing of actionable intelligence on foreign adversary intent, capabilities, threats, and operations that pose a threat to the interests or security of the United States, particularly as they relate to the procurement, development, and use of dual-use and emerging technologies, the Director of National Intelligence may assign or facilitate the assignment of members from across the intelligence community to serve as detailees to the Bureau of Industry and Security of the Department of Commerce.", "id": "id1dbc7f54d6cc48a3b9f6cb05c93a333f", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Assignment \nDetailees assigned pursuant to subsection (a) shall be drawn from such elements of the intelligence community as the Director considers appropriate, in consultation with the Secretary of Commerce.", "id": "ide4134f55626b4eb9ad1ac7a005229c27", "header": "Assignment", "nested": [], "links": [] }, { "text": "(c) Expertise \nThe Director shall ensure that detailees assigned pursuant to subsection (a) have subject matter expertise on countries of concern, including China, Iran, North Korea, and Russia, as well as functional areas such as illicit procurement, counterproliferation, emerging and foundational technology, economic and financial intelligence, information and communications technology systems, supply chain vulnerability, and counterintelligence.", "id": "id9ea3a519938d4b33b146969721862901", "header": "Expertise", "nested": [], "links": [] }, { "text": "(d) Duty credit \nThe detail of an employee of the intelligence community to the Department of Commerce under subsection (a) shall be without interruption or loss of civil service status or privilege.", "id": "idcdb85b66140341fdb6e8985078f3e137", "header": "Duty credit", "nested": [], "links": [] } ], "links": [] }, { "text": "511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China \nSection 6503(c)(3) of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended by adding at the end the following: (I) A detailed assessment, prepared in consultation with all elements of the working group— (i) of the investments made by the People’s Republic of China in— (I) artificial intelligence; (II) next-generation energy technologies, especially small modular reactors and advanced batteries; and (III) biotechnology; and (ii) that identifies— (I) competitive practices of the People’s Republic of China relating to the technologies described in clause (i); (II) opportunities to counter the practices described in subclause (I); (III) countries the People’s Republic of China is targeting for exports of civil nuclear technology; (IV) countries best positioned to utilize civil nuclear technologies from the United States in order to facilitate the commercial export of those technologies; (V) United States vulnerabilities in the supply chain of these technologies; and (VI) opportunities to counter the export by the People’s Republic of China of civil nuclear technologies globally. (J) An identification and assessment of any unmet resource or authority needs of the working group that affect the ability of the working group to carry out this section..", "id": "idada8a56ec9af4045bb4c108f7aefe64b", "header": "Expanded annual assessment of economic and technological capabilities of the People's Republic of China", "nested": [], "links": [ { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "512. Assessment of using civil nuclear energy for intelligence community capabilities \n(a) Assessment required \nThe Director of National Intelligence shall, in consultation with the heads of such other elements of the intelligence community as the Director considers appropriate, conduct an assessment of capabilities identified by the Intelligence Community Continuity Program established pursuant to section E(3) of Intelligence Community Directive 118, or any successor directive, or such other intelligence community facilities or intelligence community capabilities as may be determined by the Director to be critical to United States national security, that have unique energy needs— (1) to ascertain the feasibility and advisability of using civil nuclear reactors to meet such needs; and (2) to identify such additional resources, technologies, infrastructure, or authorities needed, or other potential obstacles, to commence use of a nuclear reactor to meet such needs. (b) Report \nNot later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate, and the Committee on Oversight and Accountability and the Committee on Appropriations of the House of Representatives a report, which may be in classified form, on the findings of the Director with respect to the assessment conducted pursuant to subsection (a).", "id": "idead4ca7ccd8240c69f7734217017a8f1", "header": "Assessment of using civil nuclear energy for intelligence community capabilities", "nested": [ { "text": "(a) Assessment required \nThe Director of National Intelligence shall, in consultation with the heads of such other elements of the intelligence community as the Director considers appropriate, conduct an assessment of capabilities identified by the Intelligence Community Continuity Program established pursuant to section E(3) of Intelligence Community Directive 118, or any successor directive, or such other intelligence community facilities or intelligence community capabilities as may be determined by the Director to be critical to United States national security, that have unique energy needs— (1) to ascertain the feasibility and advisability of using civil nuclear reactors to meet such needs; and (2) to identify such additional resources, technologies, infrastructure, or authorities needed, or other potential obstacles, to commence use of a nuclear reactor to meet such needs.", "id": "id66645c90e3844daeb6a5df94a7e8772d", "header": "Assessment required", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate, and the Committee on Oversight and Accountability and the Committee on Appropriations of the House of Representatives a report, which may be in classified form, on the findings of the Director with respect to the assessment conducted pursuant to subsection (a).", "id": "id024ca50cdda94ca0a57279e6fe05d11d", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "513. Policies established by Director of National Intelligence for artificial intelligence capabilities \n(a) In general \nSection 6702 of the Intelligence Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3334m ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking subsection (b) and inserting subsection (c) ; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: (b) Policies \n(1) In general \nIn carrying out subsection (a)(1), not later than 1 year after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2024 , the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community, the Director of the Office of Management and Budget, and such other officials as the Director of National Intelligence determines appropriate, shall establish the policies described in paragraph (2). (2) Policies described \nThe policies described in this paragraph are policies for the acquisition, adoption, development, use, coordination, and maintenance of artificial intelligence capabilities that— (A) establish a lexicon relating to the use of machine learning and artificial intelligence developed or acquired by elements of the intelligence community; (B) establish guidelines for evaluating the performance of models developed or acquired by elements of the intelligence community, such as by— (i) specifying conditions for the continuous monitoring of artificial intelligence capabilities for performance, including the conditions for retraining or retiring models based on performance; (ii) documenting performance objectives, including specifying how performance objectives shall be developed and contractually enforced for capabilities procured from third parties; (iii) specifying the manner in which models should be audited, as necessary, including the types of documentation that should be provided to any auditor; and (iv) specifying conditions under which models used by elements of the intelligence community should be subject to testing and evaluation for vulnerabilities to techniques meant to undermine the availability, integrity, or privacy of an artificial intelligence capability; (C) establish guidelines for tracking dependencies in adjacent systems, capabilities, or processes impacted by the retraining or sunsetting of any model described in subparagraph (B); (D) establish documentation requirements for capabilities procured from third parties, aligning such requirements, as necessary, with existing documentation requirements applicable to capabilities developed by elements of the intelligence community; (E) establish standards for the documentation of imputed, augmented, or synthetic data used to train any model developed, procured, or used by an element of the intelligence community; and (F) provide guidance on the acquisition and usage of models that have previously been trained by a third party for subsequent modification and usage by such an element. (3) Policy review and revision \nThe Director of National Intelligence shall periodically review and revise each policy established under paragraph (1).. (b) Conforming amendment \nSection 6712(b)(1) of such Act ( 50 U.S.C. 3024 note) is amended by striking section 6702(b) and inserting section 6702(c).", "id": "id59D3F54E8766459AB5FB3791D0ED605E", "header": "Policies established by Director of National Intelligence for artificial intelligence capabilities", "nested": [ { "text": "(a) In general \nSection 6702 of the Intelligence Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3334m ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking subsection (b) and inserting subsection (c) ; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: (b) Policies \n(1) In general \nIn carrying out subsection (a)(1), not later than 1 year after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2024 , the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community, the Director of the Office of Management and Budget, and such other officials as the Director of National Intelligence determines appropriate, shall establish the policies described in paragraph (2). (2) Policies described \nThe policies described in this paragraph are policies for the acquisition, adoption, development, use, coordination, and maintenance of artificial intelligence capabilities that— (A) establish a lexicon relating to the use of machine learning and artificial intelligence developed or acquired by elements of the intelligence community; (B) establish guidelines for evaluating the performance of models developed or acquired by elements of the intelligence community, such as by— (i) specifying conditions for the continuous monitoring of artificial intelligence capabilities for performance, including the conditions for retraining or retiring models based on performance; (ii) documenting performance objectives, including specifying how performance objectives shall be developed and contractually enforced for capabilities procured from third parties; (iii) specifying the manner in which models should be audited, as necessary, including the types of documentation that should be provided to any auditor; and (iv) specifying conditions under which models used by elements of the intelligence community should be subject to testing and evaluation for vulnerabilities to techniques meant to undermine the availability, integrity, or privacy of an artificial intelligence capability; (C) establish guidelines for tracking dependencies in adjacent systems, capabilities, or processes impacted by the retraining or sunsetting of any model described in subparagraph (B); (D) establish documentation requirements for capabilities procured from third parties, aligning such requirements, as necessary, with existing documentation requirements applicable to capabilities developed by elements of the intelligence community; (E) establish standards for the documentation of imputed, augmented, or synthetic data used to train any model developed, procured, or used by an element of the intelligence community; and (F) provide guidance on the acquisition and usage of models that have previously been trained by a third party for subsequent modification and usage by such an element. (3) Policy review and revision \nThe Director of National Intelligence shall periodically review and revise each policy established under paragraph (1)..", "id": "id94edfab70fd5427ca791795118f057dd", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 3334m", "legal-doc": "usc", "parsable-cite": "usc/50/3334m" } ] }, { "text": "(b) Conforming amendment \nSection 6712(b)(1) of such Act ( 50 U.S.C. 3024 note) is amended by striking section 6702(b) and inserting section 6702(c).", "id": "id304b14565bb1435cb6a6c68e731a9266", "header": "Conforming amendment", "nested": [], "links": [ { "text": "50 U.S.C. 3024", "legal-doc": "usc", "parsable-cite": "usc/50/3024" } ] } ], "links": [ { "text": "50 U.S.C. 3334m", "legal-doc": "usc", "parsable-cite": "usc/50/3334m" }, { "text": "50 U.S.C. 3024", "legal-doc": "usc", "parsable-cite": "usc/50/3024" } ] }, { "text": "601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community \n(a) Amendments to chapter 4 of title 5 \n(1) Appointment of security officers \nSection 416 of title 5, United States Code, is amended by adding at the end the following: (i) Appointment of security officers \nEach Inspector General under this section, including the designees of the Inspector General of the Department of Defense pursuant to subsection (b)(3), shall appoint within their offices security officers to provide, on a permanent basis, confidential, security-related guidance and direction to employees and contractors described in subsection (b)(1) who intend to report to Congress complaints or information, so that such employees and contractors can obtain direction on how to report to Congress in accordance with appropriate security practices.. (2) Procedures \nSubsection (e) of such section is amended— (A) in paragraph (1), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives after either or both of the intelligence committees ; (B) by amending paragraph (2) to read as follows: (2) Limitation \n(A) In general \nExcept as provided in subparagraph (B), the employee may contact an intelligence committee or another committee of jurisdiction directly as described in paragraph (1) of this subsection or in subsection (b)(4) only if the employee— (i) before making such a contact, furnishes to the head of the establishment, through the Inspector General (or designee), a statement of the employee’s complaint or information and notice of the employee’s intent to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (ii) (I) obtains and follows, from the head of the establishment, through the Inspector General (or designee), procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (II) obtains and follows such procedural direction from the applicable security officer appointed under subsection (i). (B) Lack of procedural direction \nIf an employee seeks procedural direction under subparagraph (A)(ii) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact an intelligence committee or any other committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subparagraph. ; and (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following: (3) Committee members and staff \nAn employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee.. (3) Clarification of right to report directly to Congress \nSubsection (b) of such section is amended by adding at the end the following: (4) Clarification of right to report directly to Congress \nSubject to paragraphs (2) and (3) of subsection (e), an employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress.. (b) Amendments to National Security Act of 1947 \n(1) Appointment of security officers \nSection 103H(j) of the National Security Act of 1947 ( 50 U.S.C. 3033(j) ) is amended by adding at the end the following: (5) The Inspector General shall appoint within the Office of the Inspector General security officers as required by section 416(i) of title 5, United States Code.. (2) Procedures \nSubparagraph (D) of section 103H(k)(5) of such Act ( 50 U.S.C. 3033(k)(5) ) is amended— (A) in clause (i), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives after either or both of the congressional intelligence committees ; (B) by amending clause (ii) to read as follows: (ii) (I) Except as provided in subclause (II), an employee may contact a congressional intelligence committee or another committee of jurisdiction directly as described in clause (i) only if the employee— (aa) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (bb) (AA) obtains and follows, from the Director, through the Inspector General, procedural direction on how to contact a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (BB) obtains and follows such procedural direction from the applicable security officer appointed under section 416(i) of title 5, United States Code. (II) If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact a congressional intelligence committee or any other committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subclause. ; (C) by redesignating clause (iii) as clause (iv); and (D) by inserting after clause (ii) the following: (iii) An employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee.. (3) Clarification of right to report directly to Congress \nSubparagraph (A) of such section is amended— (A) by inserting (i) before An employee of ; and (B) by adding at the end the following: (ii) Subject to clauses (ii) and (iii) of subparagraph (D), an employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (I) in lieu of reporting such complaint or information under clause (i); or (II) in addition to reporting such complaint or information under clause (i).. (c) Amendments to the Central Intelligence Agency Act of 1949 \n(1) Appointment of security officers \nSection 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ) is amended by adding at the end the following: (I) The Inspector General shall appoint within the Office of the Inspector General security officers as required by section 416(i) of title 5, United States Code.. (2) Procedures \nSubparagraph (D) of such section is amended— (A) in clause (i), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives after either or both of the intelligence committees ; (B) by amending clause (ii) to read as follows: (ii) (I) Except as provided in subclause (II), an employee may contact an intelligence committee or another committee of jurisdiction directly as described in clause (i) only if the employee— (aa) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (bb) (AA) obtains and follows, from the Director, through the Inspector General, procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (BB) obtains and follows such procedural direction from the applicable security officer appointed under section 416(i) of title 5, United States Code. (II) If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subclause. ; (C) by redesignating clause (iii) as clause (iv); and (D) by inserting after clause (ii) the following: (iii) An employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee.. (3) Clarification of right to report directly to congress \nSubparagraph (A) of such section is amended— (A) by inserting (i) before An employee of ; and (B) by adding at the end the following: (ii) Subject to clauses (ii) and (iii) of subparagraph (D), an employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (I) in lieu of reporting such complaint or information under clause (i); or (II) in addition to reporting such complaint or information under clause (i).. (d) Rule of construction \nNothing in this section or an amendment made by this section shall be construed to revoke or diminish any right of an individual provided by section 2303 of title 5, United States Code.", "id": "id65FE015067F445F98344352FD13276C3", "header": "Submittal to Congress of complaints and information by whistleblowers in the intelligence community", "nested": [ { "text": "(a) Amendments to chapter 4 of title 5 \n(1) Appointment of security officers \nSection 416 of title 5, United States Code, is amended by adding at the end the following: (i) Appointment of security officers \nEach Inspector General under this section, including the designees of the Inspector General of the Department of Defense pursuant to subsection (b)(3), shall appoint within their offices security officers to provide, on a permanent basis, confidential, security-related guidance and direction to employees and contractors described in subsection (b)(1) who intend to report to Congress complaints or information, so that such employees and contractors can obtain direction on how to report to Congress in accordance with appropriate security practices.. (2) Procedures \nSubsection (e) of such section is amended— (A) in paragraph (1), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives after either or both of the intelligence committees ; (B) by amending paragraph (2) to read as follows: (2) Limitation \n(A) In general \nExcept as provided in subparagraph (B), the employee may contact an intelligence committee or another committee of jurisdiction directly as described in paragraph (1) of this subsection or in subsection (b)(4) only if the employee— (i) before making such a contact, furnishes to the head of the establishment, through the Inspector General (or designee), a statement of the employee’s complaint or information and notice of the employee’s intent to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (ii) (I) obtains and follows, from the head of the establishment, through the Inspector General (or designee), procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (II) obtains and follows such procedural direction from the applicable security officer appointed under subsection (i). (B) Lack of procedural direction \nIf an employee seeks procedural direction under subparagraph (A)(ii) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact an intelligence committee or any other committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subparagraph. ; and (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following: (3) Committee members and staff \nAn employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee.. (3) Clarification of right to report directly to Congress \nSubsection (b) of such section is amended by adding at the end the following: (4) Clarification of right to report directly to Congress \nSubject to paragraphs (2) and (3) of subsection (e), an employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress..", "id": "id2eb1a7ae8f1d4ea4b7a75e677806cdce", "header": "Amendments to chapter 4 of title 5", "nested": [], "links": [ { "text": "chapter 4", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/4" } ] }, { "text": "(b) Amendments to National Security Act of 1947 \n(1) Appointment of security officers \nSection 103H(j) of the National Security Act of 1947 ( 50 U.S.C. 3033(j) ) is amended by adding at the end the following: (5) The Inspector General shall appoint within the Office of the Inspector General security officers as required by section 416(i) of title 5, United States Code.. (2) Procedures \nSubparagraph (D) of section 103H(k)(5) of such Act ( 50 U.S.C. 3033(k)(5) ) is amended— (A) in clause (i), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives after either or both of the congressional intelligence committees ; (B) by amending clause (ii) to read as follows: (ii) (I) Except as provided in subclause (II), an employee may contact a congressional intelligence committee or another committee of jurisdiction directly as described in clause (i) only if the employee— (aa) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (bb) (AA) obtains and follows, from the Director, through the Inspector General, procedural direction on how to contact a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (BB) obtains and follows such procedural direction from the applicable security officer appointed under section 416(i) of title 5, United States Code. (II) If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact a congressional intelligence committee or any other committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subclause. ; (C) by redesignating clause (iii) as clause (iv); and (D) by inserting after clause (ii) the following: (iii) An employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee.. (3) Clarification of right to report directly to Congress \nSubparagraph (A) of such section is amended— (A) by inserting (i) before An employee of ; and (B) by adding at the end the following: (ii) Subject to clauses (ii) and (iii) of subparagraph (D), an employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (I) in lieu of reporting such complaint or information under clause (i); or (II) in addition to reporting such complaint or information under clause (i)..", "id": "id58ae1b0732f84de584cebe6e7a15fe5c", "header": "Amendments to National Security Act of 1947", "nested": [], "links": [ { "text": "50 U.S.C. 3033(j)", "legal-doc": "usc", "parsable-cite": "usc/50/3033" }, { "text": "50 U.S.C. 3033(k)(5)", "legal-doc": "usc", "parsable-cite": "usc/50/3033" } ] }, { "text": "(c) Amendments to the Central Intelligence Agency Act of 1949 \n(1) Appointment of security officers \nSection 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ) is amended by adding at the end the following: (I) The Inspector General shall appoint within the Office of the Inspector General security officers as required by section 416(i) of title 5, United States Code.. (2) Procedures \nSubparagraph (D) of such section is amended— (A) in clause (i), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives after either or both of the intelligence committees ; (B) by amending clause (ii) to read as follows: (ii) (I) Except as provided in subclause (II), an employee may contact an intelligence committee or another committee of jurisdiction directly as described in clause (i) only if the employee— (aa) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (bb) (AA) obtains and follows, from the Director, through the Inspector General, procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (BB) obtains and follows such procedural direction from the applicable security officer appointed under section 416(i) of title 5, United States Code. (II) If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subclause. ; (C) by redesignating clause (iii) as clause (iv); and (D) by inserting after clause (ii) the following: (iii) An employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee.. (3) Clarification of right to report directly to congress \nSubparagraph (A) of such section is amended— (A) by inserting (i) before An employee of ; and (B) by adding at the end the following: (ii) Subject to clauses (ii) and (iii) of subparagraph (D), an employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (I) in lieu of reporting such complaint or information under clause (i); or (II) in addition to reporting such complaint or information under clause (i)..", "id": "idf738bd1ef8234e13b3c13a69a259f833", "header": "Amendments to the Central Intelligence Agency Act of 1949", "nested": [], "links": [ { "text": "50 U.S.C. 3517(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/50/3517" } ] }, { "text": "(d) Rule of construction \nNothing in this section or an amendment made by this section shall be construed to revoke or diminish any right of an individual provided by section 2303 of title 5, United States Code.", "id": "id6792d04a02604e31a8cadacd10353638", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "chapter 4", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/4" }, { "text": "50 U.S.C. 3033(j)", "legal-doc": "usc", "parsable-cite": "usc/50/3033" }, { "text": "50 U.S.C. 3033(k)(5)", "legal-doc": "usc", "parsable-cite": "usc/50/3033" }, { "text": "50 U.S.C. 3517(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/50/3517" } ] }, { "text": "602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community \n(a) In general \nSection 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 ) is amended— (1) in subsection (a)(3) of such section— (A) in subparagraph (I), by striking ; or and inserting a semicolon; (B) by redesignating subparagraph (J) as subparagraph (K); and (C) by inserting after subparagraph (I) the following: (J) a knowing and willful disclosure revealing the identity or other personally identifiable information of an employee or contractor employee so as to identify the employee or contractor employee as an employee or contractor employee who has made a lawful disclosure described in subsection (b) or (c); or ; (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting after subsection (e) the following: (f) Personnel actions involving disclosure of whistleblower identity \nA personnel action described in subsection (a)(3)(J) shall not be considered to be in violation of subsection (b) or (c) under the following circumstances: (1) The personnel action was taken with the express consent of the employee or contractor employee. (2) An Inspector General with oversight responsibility for a covered intelligence community element determines that— (A) the personnel action was unavoidable under section 103H(g)(3)(A) of this Act ( 50 U.S.C. 3033(g)(3)(A) ), section 17(e)(3)(A) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(e)(3)(A) ), section 407(b) of title 5, United States Code, or section 420(b)(2)(B) of such title; (B) the personnel action was made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; or (C) the personnel action was required by statute or an order from a court of competent jurisdiction.. (b) Applicability to detailees \nSubsection (a) of section 1104 of such Act ( 50 U.S.C. 3234 ) is amended by adding at the end the following: (5) Employee \nThe term employee , with respect to an agency or a covered intelligence community element, includes an individual who has been detailed to such agency or covered intelligence community element.. (c) Harmonization of enforcement \nSubsection (g) of such section, as redesignated by subsection (a)(2) of this section, is amended to read as follows: (g) Enforcement \n(1) In general \nExcept as otherwise provided in this subsection, the President shall provide for the enforcement of this section. (2) Harmonization with other enforcement \nTo the fullest extent possible, the President shall provide for enforcement of this section in a manner that is consistent with the enforcement of section 2302(b)(8) of title 5, United States Code, especially with respect to policies and procedures used to adjudicate alleged violations of such section..", "id": "id4B68F0C454C8434EA6C85BD7A717F717", "header": "Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community", "nested": [ { "text": "(a) In general \nSection 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 ) is amended— (1) in subsection (a)(3) of such section— (A) in subparagraph (I), by striking ; or and inserting a semicolon; (B) by redesignating subparagraph (J) as subparagraph (K); and (C) by inserting after subparagraph (I) the following: (J) a knowing and willful disclosure revealing the identity or other personally identifiable information of an employee or contractor employee so as to identify the employee or contractor employee as an employee or contractor employee who has made a lawful disclosure described in subsection (b) or (c); or ; (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting after subsection (e) the following: (f) Personnel actions involving disclosure of whistleblower identity \nA personnel action described in subsection (a)(3)(J) shall not be considered to be in violation of subsection (b) or (c) under the following circumstances: (1) The personnel action was taken with the express consent of the employee or contractor employee. (2) An Inspector General with oversight responsibility for a covered intelligence community element determines that— (A) the personnel action was unavoidable under section 103H(g)(3)(A) of this Act ( 50 U.S.C. 3033(g)(3)(A) ), section 17(e)(3)(A) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(e)(3)(A) ), section 407(b) of title 5, United States Code, or section 420(b)(2)(B) of such title; (B) the personnel action was made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; or (C) the personnel action was required by statute or an order from a court of competent jurisdiction..", "id": "id7f479761305d4389a207708de98e32a4", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 3234", "legal-doc": "usc", "parsable-cite": "usc/50/3234" }, { "text": "50 U.S.C. 3033(g)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/50/3033" }, { "text": "50 U.S.C. 3517(e)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/50/3517" }, { "text": "section 420(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/420" } ] }, { "text": "(b) Applicability to detailees \nSubsection (a) of section 1104 of such Act ( 50 U.S.C. 3234 ) is amended by adding at the end the following: (5) Employee \nThe term employee , with respect to an agency or a covered intelligence community element, includes an individual who has been detailed to such agency or covered intelligence community element..", "id": "id0dc6598022d444bfa9d90b79543727b2", "header": "Applicability to detailees", "nested": [], "links": [ { "text": "50 U.S.C. 3234", "legal-doc": "usc", "parsable-cite": "usc/50/3234" } ] }, { "text": "(c) Harmonization of enforcement \nSubsection (g) of such section, as redesignated by subsection (a)(2) of this section, is amended to read as follows: (g) Enforcement \n(1) In general \nExcept as otherwise provided in this subsection, the President shall provide for the enforcement of this section. (2) Harmonization with other enforcement \nTo the fullest extent possible, the President shall provide for enforcement of this section in a manner that is consistent with the enforcement of section 2302(b)(8) of title 5, United States Code, especially with respect to policies and procedures used to adjudicate alleged violations of such section..", "id": "id89b3da1778c644e79d407f4343f3b503", "header": "Harmonization of enforcement", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3234", "legal-doc": "usc", "parsable-cite": "usc/50/3234" }, { "text": "50 U.S.C. 3033(g)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/50/3033" }, { "text": "50 U.S.C. 3517(e)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/50/3517" }, { "text": "section 420(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/420" }, { "text": "50 U.S.C. 3234", "legal-doc": "usc", "parsable-cite": "usc/50/3234" } ] }, { "text": "603. Establishing process parity for adverse security clearance and access determinations \nSubparagraph (C) of section 3001(j)(4) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(4) ) is amended to read as follows: (C) Contributing factor \n(i) In general \nSubject to clause (iii), in determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph (1) was violated if the individual has demonstrated that a disclosure described in paragraph (1) was a contributing factor in the adverse security clearance or access determination taken against the individual. (ii) Circumstantial evidence \nAn individual under clause (i) may demonstrate that the disclosure was a contributing factor in the adverse security clearance or access determination taken against the individual through circumstantial evidence, such as evidence that— (I) the official making the determination knew of the disclosure; and (II) the determination occurred within a period such that a reasonable person could conclude that the disclosure was a contributing factor in the determination. (iii) Defense \nIn determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall not find that paragraph (1) was violated if, after a finding that a disclosure was a contributing factor, the agency demonstrates by clear and convincing evidence that it would have made the same security clearance or access determination in the absence of such disclosure..", "id": "id67090E860F354524BF532E0E23C54AF0", "header": "Establishing process parity for adverse security clearance and access determinations", "nested": [], "links": [ { "text": "50 U.S.C. 3341(j)(4)", "legal-doc": "usc", "parsable-cite": "usc/50/3341" } ] }, { "text": "604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations \nSection 3001(j)(4)(B) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(4)(B) ) is amended, in the second sentence, by striking not to exceed $300,000.", "id": "id9F2FB103A94B4C14B4EFF05057F850C0", "header": "Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations", "nested": [], "links": [ { "text": "50 U.S.C. 3341(j)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/50/3341" } ] }, { "text": "605. Modification and repeal of reporting requirements \n(a) Modification of frequency of whistleblower notifications to Inspector General of the Intelligence Community \nSection 5334(a) of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 ( Public Law 116–92 ; 50 U.S.C. 3033 note) is amended by striking in real time and inserting monthly. (b) Repeal of requirement for Inspectors General reviews of enhanced personnel security programs \n(1) In general \nSection 11001 of title 5, United States Code, is amended— (A) by striking subsection (d); and (B) by redesignating subsection (e) as subsection (d). (2) Technical corrections \nSubsection (d) of section 11001 of such title, as redesignated by paragraph (1)(B), is amended— (A) in paragraph (3), by adding and after the semicolon at the end; and (B) in paragraph (4), by striking ; and and inserting a period.", "id": "idec1183c5ac684f649efaefe7041b8ffa", "header": "Modification and repeal of reporting requirements", "nested": [ { "text": "(a) Modification of frequency of whistleblower notifications to Inspector General of the Intelligence Community \nSection 5334(a) of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 ( Public Law 116–92 ; 50 U.S.C. 3033 note) is amended by striking in real time and inserting monthly.", "id": "idEFD9C64698C34B1F9BF98C5496F11981", "header": "Modification of frequency of whistleblower notifications to Inspector General of the Intelligence Community", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "50 U.S.C. 3033", "legal-doc": "usc", "parsable-cite": "usc/50/3033" } ] }, { "text": "(b) Repeal of requirement for Inspectors General reviews of enhanced personnel security programs \n(1) In general \nSection 11001 of title 5, United States Code, is amended— (A) by striking subsection (d); and (B) by redesignating subsection (e) as subsection (d). (2) Technical corrections \nSubsection (d) of section 11001 of such title, as redesignated by paragraph (1)(B), is amended— (A) in paragraph (3), by adding and after the semicolon at the end; and (B) in paragraph (4), by striking ; and and inserting a period.", "id": "ida52d2a73b6e2405b9076fad10dc7daf6", "header": "Repeal of requirement for Inspectors General reviews of enhanced personnel security programs", "nested": [], "links": [ { "text": "section 11001", "legal-doc": "usc", "parsable-cite": "usc/26/11001" } ] } ], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "50 U.S.C. 3033", "legal-doc": "usc", "parsable-cite": "usc/50/3033" }, { "text": "section 11001", "legal-doc": "usc", "parsable-cite": "usc/26/11001" } ] }, { "text": "701. Short title \nThis subtitle may be cited as the Classification Reform Act of 2023.", "id": "id5b3f8da1638141c5960bb2ca797eb326", "header": "Short title", "nested": [], "links": [] }, { "text": "702. Definitions \nIn this subtitle: (1) Agency \nThe term agency means any Executive agency as defined in section 105 of title 5, United States Code, any military department as defined in section 102 of such title, and any other entity in the executive branch of the Federal Government that comes into the possession of classified information. (2) Classify, classified, classification \nThe terms classify , classified , and classification refer to the process by which information is determined to require protection from unauthorized disclosure pursuant to Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or previous and successor executive orders or similar directives, or section 703 in order to protect the national security of the United States. (3) Classified information \nThe term classified information means information that has been classified under Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or previous and successor executive orders or similar directives, or section 703. (4) Declassify, declassified, declassification \nThe terms declassify , declassified , and declassification refer to the process by which information that has been classified is determined to no longer require protection from unauthorized disclosure pursuant to Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or previous and successor executive orders or similar directives, or section 703. (5) Information \nThe term information means any knowledge that can be communicated, or documentary material, regardless of its physical form or characteristics, that is owned by, is produced by or for, or is under the control of the United States Government.", "id": "idca28d646039c4261b2af4afde0331d35", "header": "Definitions", "nested": [], "links": [ { "text": "section 102", "legal-doc": "usc", "parsable-cite": "usc/26/102" }, { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" }, { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" }, { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "703. Classification and declassification of information \n(a) In general \nThe President may, in accordance with this section, protect from unauthorized disclosure any information owned by, produced by or for, or under the control of the executive branch of the Federal Government when there is a demonstrable need to do so in order to protect the national security of the United States. (b) Establishment of standards and procedures for classification and declassification \n(1) Governmentwide procedures \n(A) Classification \nThe President shall, to the extent necessary, establish categories of information that may be classified and procedures for classifying information under subsection (a). (B) Declassification \nAt the same time the President establishes categories and procedures under subparagraph (A), the President shall establish procedures for declassifying information that was previously classified. (C) Minimum requirements \nThe procedures established pursuant to subparagraphs (A) and (B) shall— (i) provide that information may be classified under this section, and may remain classified under this section, only if the harm to national security that might reasonably be expected from disclosure of such information outweighs the public interest in disclosure of such information; (ii) establish standards and criteria for the classification of information; (iii) establish standards, criteria, and timelines for the declassification of information classified under this section; (iv) provide for the automatic declassification of classified records with permanent historical value; (v) provide for the timely review of materials submitted for pre-publication; (vi) narrow the criteria for classification set forth under section 1.4 of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), as in effect on the day before the date of the enactment of this Act; (vii) narrow the exemptions from automatic declassification set forth under section 3.3(b) of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), as in effect on the day before the date of the enactment of this Act; (viii) provide a clear and specific definition of harm to national security as it pertains to clause (i); and (ix) provide a clear and specific definition of intelligence sources and methods as it pertains to the categories and procedures under subparagraph (A). (2) Agency standards and procedures \n(A) In general \nThe head of each agency shall establish a single set of consolidated standards and procedures to permit such agency to classify and declassify information created by such agency in accordance with the categories and procedures established by the President under this section and otherwise to carry out this section. (B) Submittal to Congress \nEach agency head shall submit to Congress the standards and procedures established by such agency head under subparagraph (A). (c) Conforming amendment to FOIA \nSection 552(b)(1) of title 5, United States Code, is amended to read as follows: (1) (A) specifically authorized to be classified under section 703 of the Intelligence Authorization Act for Fiscal Year 2024 , or specifically authorized under criteria established by an Executive order to be kept secret in the interest of national security; and (B) are in fact properly classified pursuant to that section or Executive order;. (d) Effective date \n(1) In general \nSubsections (a) and (b) shall take effect on the date that is 180 days after the date of the enactment of this Act. (2) Relation to Presidential directives \nPresidential directives regarding classifying, safeguarding, and declassifying national security information, including Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, in effect on the day before the date of the enactment of this Act, as well as procedures issued pursuant to such Presidential directives, shall remain in effect until superseded by procedures issues pursuant to subsection (b).", "id": "idd4af165722f8491988c2f5d0670c7988", "header": "Classification and declassification of information", "nested": [ { "text": "(a) In general \nThe President may, in accordance with this section, protect from unauthorized disclosure any information owned by, produced by or for, or under the control of the executive branch of the Federal Government when there is a demonstrable need to do so in order to protect the national security of the United States.", "id": "id457d4e774d2c4745a570d3f3fd2a6cf5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Establishment of standards and procedures for classification and declassification \n(1) Governmentwide procedures \n(A) Classification \nThe President shall, to the extent necessary, establish categories of information that may be classified and procedures for classifying information under subsection (a). (B) Declassification \nAt the same time the President establishes categories and procedures under subparagraph (A), the President shall establish procedures for declassifying information that was previously classified. (C) Minimum requirements \nThe procedures established pursuant to subparagraphs (A) and (B) shall— (i) provide that information may be classified under this section, and may remain classified under this section, only if the harm to national security that might reasonably be expected from disclosure of such information outweighs the public interest in disclosure of such information; (ii) establish standards and criteria for the classification of information; (iii) establish standards, criteria, and timelines for the declassification of information classified under this section; (iv) provide for the automatic declassification of classified records with permanent historical value; (v) provide for the timely review of materials submitted for pre-publication; (vi) narrow the criteria for classification set forth under section 1.4 of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), as in effect on the day before the date of the enactment of this Act; (vii) narrow the exemptions from automatic declassification set forth under section 3.3(b) of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), as in effect on the day before the date of the enactment of this Act; (viii) provide a clear and specific definition of harm to national security as it pertains to clause (i); and (ix) provide a clear and specific definition of intelligence sources and methods as it pertains to the categories and procedures under subparagraph (A). (2) Agency standards and procedures \n(A) In general \nThe head of each agency shall establish a single set of consolidated standards and procedures to permit such agency to classify and declassify information created by such agency in accordance with the categories and procedures established by the President under this section and otherwise to carry out this section. (B) Submittal to Congress \nEach agency head shall submit to Congress the standards and procedures established by such agency head under subparagraph (A).", "id": "id56cf418dbbf94c6b957178f9fd7f684c", "header": "Establishment of standards and procedures for classification and declassification", "nested": [], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" }, { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "(c) Conforming amendment to FOIA \nSection 552(b)(1) of title 5, United States Code, is amended to read as follows: (1) (A) specifically authorized to be classified under section 703 of the Intelligence Authorization Act for Fiscal Year 2024 , or specifically authorized under criteria established by an Executive order to be kept secret in the interest of national security; and (B) are in fact properly classified pursuant to that section or Executive order;.", "id": "id39768e30ff9b4042918addcb80ce0f3c", "header": "Conforming amendment to FOIA", "nested": [], "links": [] }, { "text": "(d) Effective date \n(1) In general \nSubsections (a) and (b) shall take effect on the date that is 180 days after the date of the enactment of this Act. (2) Relation to Presidential directives \nPresidential directives regarding classifying, safeguarding, and declassifying national security information, including Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, in effect on the day before the date of the enactment of this Act, as well as procedures issued pursuant to such Presidential directives, shall remain in effect until superseded by procedures issues pursuant to subsection (b).", "id": "id3ea30dddf68c4688bee4d7e42ceac4da", "header": "Effective date", "nested": [], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] } ], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" }, { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" }, { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "704. Transparency officers \n(a) Designation \nThe Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of the Treasury, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, and the head of any other department, agency, or element of the executive branch of the Federal Government determined by the Privacy and Civil Liberties Oversight Board established by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ) to be appropriate for coverage under this section, shall each designate at least 1 senior officer to serve as the principal advisor to assist such head of a department, agency, or element and other officials of the department, agency, or element of the head in identifying records of significant public interest and prioritizing appropriate review of such records in order to facilitate the public disclosure of such records in redacted or unredacted form. (b) Determining public interest in disclosure \nIn assisting the head of a department, agency, or element and other officials of such department, agency, or element in identifying records of significant public interest under subsection (a), the senior officer designated by the head under such subsection shall consider whether— (1) or not disclosure of the information would better enable United States citizens to hold Federal Government officials accountable for their actions and policies; (2) or not disclosure of the information would assist the United States criminal justice system in holding persons responsible for criminal acts or acts contrary to the Constitution; (3) or not disclosure of the information would assist Congress or any committee or subcommittee thereof, in carrying out its oversight responsibilities with regard to the executive branch of the Federal Government or in adequately informing itself of executive branch policies and activities in order to carry out its legislative responsibilities; (4) the disclosure of the information would assist Congress or the public in understanding the interpretation of the Federal Government of a provision of law, including Federal regulations, Presidential directives, statutes, case law, and the Constitution of the United States; or (5) or not disclosure of the information would bring about any other significant benefit, including an increase in public awareness or understanding of Government activities or an enhancement of Federal Government efficiency. (c) Periodic reports \n(1) In general \nEach senior officer designated under subsection (a) shall periodically, but not less frequently than annually, submit a report on the activities of the officer, including the documents determined to be in the public interest for disclosure under subsection (b), to— (A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; (B) the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives; and (C) the head of the department, agency, or element of the senior officer. (2) Form \nEach report submitted pursuant to paragraph (1) shall be submitted, to the greatest extent possible, in unclassified form, with a classified annex as may be necessary.", "id": "id5b2dfdd70cae4670aa2b9821cfac1bae", "header": "Transparency officers", "nested": [ { "text": "(a) Designation \nThe Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of the Treasury, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, and the head of any other department, agency, or element of the executive branch of the Federal Government determined by the Privacy and Civil Liberties Oversight Board established by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ) to be appropriate for coverage under this section, shall each designate at least 1 senior officer to serve as the principal advisor to assist such head of a department, agency, or element and other officials of the department, agency, or element of the head in identifying records of significant public interest and prioritizing appropriate review of such records in order to facilitate the public disclosure of such records in redacted or unredacted form.", "id": "id6fea2e7749f94d4a8b46e74ea583eb63", "header": "Designation", "nested": [], "links": [ { "text": "42 U.S.C. 2000ee", "legal-doc": "usc", "parsable-cite": "usc/42/2000ee" } ] }, { "text": "(b) Determining public interest in disclosure \nIn assisting the head of a department, agency, or element and other officials of such department, agency, or element in identifying records of significant public interest under subsection (a), the senior officer designated by the head under such subsection shall consider whether— (1) or not disclosure of the information would better enable United States citizens to hold Federal Government officials accountable for their actions and policies; (2) or not disclosure of the information would assist the United States criminal justice system in holding persons responsible for criminal acts or acts contrary to the Constitution; (3) or not disclosure of the information would assist Congress or any committee or subcommittee thereof, in carrying out its oversight responsibilities with regard to the executive branch of the Federal Government or in adequately informing itself of executive branch policies and activities in order to carry out its legislative responsibilities; (4) the disclosure of the information would assist Congress or the public in understanding the interpretation of the Federal Government of a provision of law, including Federal regulations, Presidential directives, statutes, case law, and the Constitution of the United States; or (5) or not disclosure of the information would bring about any other significant benefit, including an increase in public awareness or understanding of Government activities or an enhancement of Federal Government efficiency.", "id": "ide9ce403f54e54510b1993521d853a4e9", "header": "Determining public interest in disclosure", "nested": [], "links": [] }, { "text": "(c) Periodic reports \n(1) In general \nEach senior officer designated under subsection (a) shall periodically, but not less frequently than annually, submit a report on the activities of the officer, including the documents determined to be in the public interest for disclosure under subsection (b), to— (A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; (B) the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives; and (C) the head of the department, agency, or element of the senior officer. (2) Form \nEach report submitted pursuant to paragraph (1) shall be submitted, to the greatest extent possible, in unclassified form, with a classified annex as may be necessary.", "id": "id0a619f3dcef74ec0ae553b1c5927f653", "header": "Periodic reports", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 2000ee", "legal-doc": "usc", "parsable-cite": "usc/42/2000ee" } ] }, { "text": "711. Short title \nThis subtitle may be cited as the Sensible Classification Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "712. Definitions \nIn this subtitle: (1) Agency \nThe term agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. (2) Classification \nThe term classification means the act or process by which information is determined to be classified information. (3) Classified information \nThe term classified information means information that has been determined pursuant to Executive Order 12958 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. (4) Declassification \nThe term declassification means the authorized change in the status of information from classified information to unclassified information. (5) Document \nThe term document means any recorded information, regardless of the nature of the medium or the method or circumstances of recording. (6) Downgrade \nThe term downgrade means a determination by a declassification authority that information classified and safeguarded at a specified level shall be classified and safeguarded at a lower level. (7) Information \nThe term information means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics, that is owned by, is produced by or for, or is under the control of the United States Government. (8) Originate, originating, and originated \nThe term originate , originating , and originated , with respect to classified information and an authority, means the authority that classified the information in the first instance. (9) Records \nThe term records means the records of an agency and Presidential papers or Presidential records, as those terms are defined in title 44, United States Code, including those created or maintained by a government contractor, licensee, certificate holder, or grantee that are subject to the sponsoring agency’s control under the terms of the contract, license, certificate, or grant. (10) Security clearance \nThe term security clearance means an authorization to access classified information. (11) Unauthorized disclosure \nThe term unauthorized disclosure means a communication or physical transfer of classified information to an unauthorized recipient. (12) Unclassified information \nThe term unclassified information means information that is not classified information.", "id": "id19938d316720408e9a18a8be90da10b1", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "713. Findings and sense of the Senate \n(a) Findings \nThe Senate makes the following findings: (1) According to a report released by the Office of the Director of Intelligence in 2020 titled Fiscal Year 2019 Annual Report on Security Clearance Determinations , more than 4,000,000 individuals have been granted eligibility for a security clearance. (2) At least 1,300,000 of such individuals have been granted access to information classified at the Top Secret level. (b) Sense of the Senate \nIt is the sense of the Senate that— (1) the classification system of the Federal Government is in urgent need of reform; (2) the number of people with access to classified information is exceedingly high and must be justified or reduced; (3) reforms are necessary to reestablish trust between the Federal Government and the people of the United States; and (4) classification should be limited to the minimum necessary to protect national security while balancing the public’s interest in disclosure.", "id": "idbc2c5b8d39c140e19d959ed8a57dabb8", "header": "Findings and sense of the Senate", "nested": [ { "text": "(a) Findings \nThe Senate makes the following findings: (1) According to a report released by the Office of the Director of Intelligence in 2020 titled Fiscal Year 2019 Annual Report on Security Clearance Determinations , more than 4,000,000 individuals have been granted eligibility for a security clearance. (2) At least 1,300,000 of such individuals have been granted access to information classified at the Top Secret level.", "id": "idc7534cd2f8e9408ab21747eec0d048ae", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of the Senate \nIt is the sense of the Senate that— (1) the classification system of the Federal Government is in urgent need of reform; (2) the number of people with access to classified information is exceedingly high and must be justified or reduced; (3) reforms are necessary to reestablish trust between the Federal Government and the people of the United States; and (4) classification should be limited to the minimum necessary to protect national security while balancing the public’s interest in disclosure.", "id": "id637988f9ff6c4c76965b11cce849a22d", "header": "Sense of the Senate", "nested": [], "links": [] } ], "links": [] }, { "text": "714. Classification authority \n(a) In general \nThe authority to classify information originally may be exercised only by— (1) the President and, in the performance of executive duties, the Vice President; (2) the head of an agency or an official of any agency authorized by the President pursuant to a designation of such authority in the Federal Register; and (3) an official of the Federal Government to whom authority to classify information originally has been delegated pursuant to subsection (c). (b) Scope of authority \nAn individual authorized by this section to classify information originally at a specified level may also classify the information originally at a lower level. (c) Delegation of original classification authority \nAn official of the Federal Government may be delegated original classification authority subject to the following: (1) Delegation of original classification authority shall be limited to the minimum required to administer this section. Agency heads shall be responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority. (2) Authority to originally classify information at the level designated as Top Secret may be delegated only by the President, in the performance of executive duties, the Vice President, or an agency head or official designated pursuant to subsection (a)(2). (3) Authority to originally classify information at the level designated as Secret or Confidential may be delegated only by the President, in the performance of executive duties, the Vice President, or an agency head or official designated pursuant to subsection (a)(2), or the senior agency official described in section 5.4(d) of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, provided that official has been delegated Top Secret original classification authority by the agency head. (4) Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided by paragraphs (1), (2), and (3). Each delegation shall identify the official by name or position title. (d) Training required \n(1) In general \nAn individual may not be delegated original classification authority under this section unless the individual has first received training described in paragraph (2). (2) Training described \nTraining described in this paragraph is training on original classification that includes instruction on the proper safeguarding of classified information and of the criminal, civil, and administrative sanctions that may be brought against an individual who fails to protect classified information from unauthorized disclosure. (e) Exceptional cases \n(1) In general \nWhen an employee, contractor, licensee, certificate holder, or grantee of an agency who does not have original classification authority originates information believed by that employee, contractor, licensee, certificate holder, or grantee to require classification, the information shall be protected in a manner consistent with Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order. (2) Transmittal \nAn employee, contractor, licensee, certificate holder, or grantee described in paragraph (1), who originates information described in such paragraph, shall promptly transmit such information to— (A) the agency that has appropriate subject matter interest and classification authority with respect to this information; or (B) if it is not clear which agency has appropriate subject matter interest and classification authority with respect to the information, the Director of the Information Security Oversight Office. (3) Agency decisions \nAn agency that receives information pursuant to paragraph (2)(A) or (4) shall decide within 30 days whether to classify this information. (4) Information Security Oversight Office action \nIf the Director of the Information Security Oversight Office receives information under paragraph (2)(B), the Director shall determine the agency having appropriate subject matter interest and classification authority and forward the information, with appropriate recommendations, to that agency for a classification determination.", "id": "idae7d97c6bf024c85bc00d7a8fc6d335a", "header": "Classification authority", "nested": [ { "text": "(a) In general \nThe authority to classify information originally may be exercised only by— (1) the President and, in the performance of executive duties, the Vice President; (2) the head of an agency or an official of any agency authorized by the President pursuant to a designation of such authority in the Federal Register; and (3) an official of the Federal Government to whom authority to classify information originally has been delegated pursuant to subsection (c).", "id": "id301b804319514bf6b6360b2390a6e73d", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Scope of authority \nAn individual authorized by this section to classify information originally at a specified level may also classify the information originally at a lower level.", "id": "idb2f814a1c8e4429a84a486247d64fc11", "header": "Scope of authority", "nested": [], "links": [] }, { "text": "(c) Delegation of original classification authority \nAn official of the Federal Government may be delegated original classification authority subject to the following: (1) Delegation of original classification authority shall be limited to the minimum required to administer this section. Agency heads shall be responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority. (2) Authority to originally classify information at the level designated as Top Secret may be delegated only by the President, in the performance of executive duties, the Vice President, or an agency head or official designated pursuant to subsection (a)(2). (3) Authority to originally classify information at the level designated as Secret or Confidential may be delegated only by the President, in the performance of executive duties, the Vice President, or an agency head or official designated pursuant to subsection (a)(2), or the senior agency official described in section 5.4(d) of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, provided that official has been delegated Top Secret original classification authority by the agency head. (4) Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided by paragraphs (1), (2), and (3). Each delegation shall identify the official by name or position title.", "id": "idc4fd072f7fdd402289bf5a5afebf2e5c", "header": "Delegation of original classification authority", "nested": [], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "(d) Training required \n(1) In general \nAn individual may not be delegated original classification authority under this section unless the individual has first received training described in paragraph (2). (2) Training described \nTraining described in this paragraph is training on original classification that includes instruction on the proper safeguarding of classified information and of the criminal, civil, and administrative sanctions that may be brought against an individual who fails to protect classified information from unauthorized disclosure.", "id": "idd813e09200e3409fbfbdeb4d0727051c", "header": "Training required", "nested": [], "links": [] }, { "text": "(e) Exceptional cases \n(1) In general \nWhen an employee, contractor, licensee, certificate holder, or grantee of an agency who does not have original classification authority originates information believed by that employee, contractor, licensee, certificate holder, or grantee to require classification, the information shall be protected in a manner consistent with Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order. (2) Transmittal \nAn employee, contractor, licensee, certificate holder, or grantee described in paragraph (1), who originates information described in such paragraph, shall promptly transmit such information to— (A) the agency that has appropriate subject matter interest and classification authority with respect to this information; or (B) if it is not clear which agency has appropriate subject matter interest and classification authority with respect to the information, the Director of the Information Security Oversight Office. (3) Agency decisions \nAn agency that receives information pursuant to paragraph (2)(A) or (4) shall decide within 30 days whether to classify this information. (4) Information Security Oversight Office action \nIf the Director of the Information Security Oversight Office receives information under paragraph (2)(B), the Director shall determine the agency having appropriate subject matter interest and classification authority and forward the information, with appropriate recommendations, to that agency for a classification determination.", "id": "idfa317465d61548e38d9e5bca9ba7ba6a", "header": "Exceptional cases", "nested": [], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] } ], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" }, { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "715. Promoting efficient declassification review \n(a) In general \nWhenever an agency is processing a request pursuant to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ) or the mandatory declassification review provisions of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, and identifies responsive classified records that are more than 25 years of age as of December 31 of the year in which the request is received, the head of the agency shall review the record and process the record for declassification and release by the National Declassification Center of the National Archives and Records Administration. (b) Application \nSubsection (a) shall apply— (1) regardless of whether or not the record described in such subsection is in the legal custody of the National Archives and Records Administration; and (2) without regard for any other provisions of law or existing agreements or practices between agencies.", "id": "idea38b47c2787480f8eb9fd8751394a16", "header": "Promoting efficient declassification review", "nested": [ { "text": "(a) In general \nWhenever an agency is processing a request pursuant to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ) or the mandatory declassification review provisions of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, and identifies responsive classified records that are more than 25 years of age as of December 31 of the year in which the request is received, the head of the agency shall review the record and process the record for declassification and release by the National Declassification Center of the National Archives and Records Administration.", "id": "idec01b84e61cb405fbb02d779923c955f", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "(b) Application \nSubsection (a) shall apply— (1) regardless of whether or not the record described in such subsection is in the legal custody of the National Archives and Records Administration; and (2) without regard for any other provisions of law or existing agreements or practices between agencies.", "id": "idb1b10c832385429a9c2d6b34feb00088", "header": "Application", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "716. Training to promote sensible classification \n(a) Definitions \nIn this section: (1) Over-classification \nThe term over-classification means classification at a level that exceeds the minimum level of classification that is sufficient to protect the national security of the United States. (2) Sensible classification \nThe term sensible classification means classification at a level that is the minimum level of classification that is sufficient to protect the national security of the United States. (b) Training required \nEach head of an agency with classification authority shall conduct training for employees of the agency with classification authority to discourage over-classification and to promote sensible classification.", "id": "idcb829b935c634f27b2e98f02e4b18ce3", "header": "Training to promote sensible classification", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Over-classification \nThe term over-classification means classification at a level that exceeds the minimum level of classification that is sufficient to protect the national security of the United States. (2) Sensible classification \nThe term sensible classification means classification at a level that is the minimum level of classification that is sufficient to protect the national security of the United States.", "id": "id6c43e0f748f34823a2eefc4a7b1356cc", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Training required \nEach head of an agency with classification authority shall conduct training for employees of the agency with classification authority to discourage over-classification and to promote sensible classification.", "id": "id294477a0589f4fecb926171328647235", "header": "Training required", "nested": [], "links": [] } ], "links": [] }, { "text": "717. Improvements to Public Interest Declassification Board \nSection 703 of the Public Interest Declassification Act of 2000 ( 50 U.S.C. 3355a ) is amended— (1) in subsection (c), by adding at the end the following: (5) A member of the Board whose term has expired may continue to serve until a successor is appointed and sworn in. ; and (2) in subsection (f)— (A) by inserting (1) before Any employee ; and (B) by adding at the end the following: (2) (A) In addition to any employees detailed to the Board under paragraph (1), the Board may hire not more than 12 staff members. (B) There are authorized to be appropriated to carry out subparagraph (A) such sums as are necessary for fiscal year 2024 and each fiscal year thereafter..", "id": "idc1b3f312bf99491ba471910a80a76cce", "header": "Improvements to Public Interest Declassification Board", "nested": [], "links": [ { "text": "50 U.S.C. 3355a", "legal-doc": "usc", "parsable-cite": "usc/50/3355a" } ] }, { "text": "718. Implementation of technology for classification and declassification \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Administrator of the Office of Electronic Government (in this section referred to as the Administrator ) shall, in consultation with the Secretary of Defense, the Director of the Central Intelligence Agency, the Director of National Intelligence, the Public Interest Declassification Board, the Director of the Information Security Oversight Office, and the head of the National Declassification Center of the National Archives and Records Administration— (1) research a technology-based solution— (A) utilizing machine learning and artificial intelligence to support efficient and effective systems for classification and declassification; and (B) to be implemented on an interoperable and federated basis across the Federal Government; and (2) submit to the President a recommendation regarding a technology-based solution described in paragraph (1) that should be adopted by the Federal Government. (b) Staff \nThe Administrator may hire sufficient staff to carry out subsection (a). (c) Report \nNot later than 540 days after the date of the enactment of this Act, the President shall submit to Congress a classified report on the technology-based solution recommended by the Administrator under subsection (a)(2) and the President’s decision regarding its adoption.", "id": "idd641fdfa0ed943d898eac95ecaba7fdd", "header": "Implementation of technology for classification and declassification", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Administrator of the Office of Electronic Government (in this section referred to as the Administrator ) shall, in consultation with the Secretary of Defense, the Director of the Central Intelligence Agency, the Director of National Intelligence, the Public Interest Declassification Board, the Director of the Information Security Oversight Office, and the head of the National Declassification Center of the National Archives and Records Administration— (1) research a technology-based solution— (A) utilizing machine learning and artificial intelligence to support efficient and effective systems for classification and declassification; and (B) to be implemented on an interoperable and federated basis across the Federal Government; and (2) submit to the President a recommendation regarding a technology-based solution described in paragraph (1) that should be adopted by the Federal Government.", "id": "ida70ec570d7fc443f9eca3a852d70bd06", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Staff \nThe Administrator may hire sufficient staff to carry out subsection (a).", "id": "idf5cf212146754ee0a0ba95dcd1f8a9da", "header": "Staff", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 540 days after the date of the enactment of this Act, the President shall submit to Congress a classified report on the technology-based solution recommended by the Administrator under subsection (a)(2) and the President’s decision regarding its adoption.", "id": "id3565364f012d49cbbb5f117337fffc7b", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "719. Studies and recommendations on necessity of security clearances \n(a) Agency studies on necessity of security clearances \n(1) Studies required \nThe head of each agency that grants security clearances to personnel of such agency shall conduct a study on the necessity of such clearances. (2) Reports required \n(A) In general \nNot later than 1 year after the date of the enactment of this Act, each head of an agency that conducts a study under paragraph (1) shall submit to Congress a report on the findings of the agency head with respect to such study, which the agency head may classify as appropriate. (B) Required elements \nEach report submitted by the head of an agency under subparagraph (A) shall include, for such agency, the following: (i) The number of personnel eligible for access to information up to the Top Secret level. (ii) The number of personnel eligible for access to information up to the Secret level. (iii) Information on any reduction in the number of personnel eligible for access to classified information based on the study conducted under paragraph (1). (iv) A description of how the agency head will ensure that the number of security clearances granted by such agency will be kept to the minimum required for the conduct of agency functions, commensurate with the size, needs, and mission of the agency. (3) Industry \nThis subsection shall apply to the Secretary of Defense in the Secretary's capacity as the Executive Agent for the National Industrial Security Program, and the Secretary shall treat contractors, licensees, and grantees as personnel of the Department of Defense for purposes of the studies and reports required by this subsection. (b) Director of National Intelligence review of sensitive compartmented information \nThe Director of National Intelligence shall— (1) review the number of personnel eligible for access to sensitive compartmented information; and (2) submit to Congress a report on how the Director will ensure that the number of such personnel is limited to the minimum required. (c) Agency review of special access programs \nEach head of an agency who is authorized to establish a special access program by Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, shall— (1) review the number of personnel of the agency eligible for access to such special access programs; and (2) submit to Congress a report on how the agency head will ensure that the number of such personnel is limited to the minimum required. (d) Secretary of Energy review of Q and L clearances \nThe Secretary of Energy shall— (1) review the number of personnel of the Department of Energy granted Q and L access; and (2) submit to Congress a report on how the Secretary will ensure that the number of such personnel is limited to the minimum required (e) Independent reviews \nNot later than 180 days after the date on which a study is completed under subsection (a) or a review is completed under subsections (b) through (d), the Director of the Information Security Oversight Office of the National Archives and Records Administration, the Director of National Intelligence, and the Public Interest Declassification Board shall each review the study or review, as the case may be.", "id": "ida12b50b45d6546349a0ebd4157b32fd4", "header": "Studies and recommendations on necessity of security clearances", "nested": [ { "text": "(a) Agency studies on necessity of security clearances \n(1) Studies required \nThe head of each agency that grants security clearances to personnel of such agency shall conduct a study on the necessity of such clearances. (2) Reports required \n(A) In general \nNot later than 1 year after the date of the enactment of this Act, each head of an agency that conducts a study under paragraph (1) shall submit to Congress a report on the findings of the agency head with respect to such study, which the agency head may classify as appropriate. (B) Required elements \nEach report submitted by the head of an agency under subparagraph (A) shall include, for such agency, the following: (i) The number of personnel eligible for access to information up to the Top Secret level. (ii) The number of personnel eligible for access to information up to the Secret level. (iii) Information on any reduction in the number of personnel eligible for access to classified information based on the study conducted under paragraph (1). (iv) A description of how the agency head will ensure that the number of security clearances granted by such agency will be kept to the minimum required for the conduct of agency functions, commensurate with the size, needs, and mission of the agency. (3) Industry \nThis subsection shall apply to the Secretary of Defense in the Secretary's capacity as the Executive Agent for the National Industrial Security Program, and the Secretary shall treat contractors, licensees, and grantees as personnel of the Department of Defense for purposes of the studies and reports required by this subsection.", "id": "idd40384ed3b3741f082d1896610fe449a", "header": "Agency studies on necessity of security clearances", "nested": [], "links": [] }, { "text": "(b) Director of National Intelligence review of sensitive compartmented information \nThe Director of National Intelligence shall— (1) review the number of personnel eligible for access to sensitive compartmented information; and (2) submit to Congress a report on how the Director will ensure that the number of such personnel is limited to the minimum required.", "id": "idf942d24d1851455bb4b83044e84d31a2", "header": "Director of National Intelligence review of sensitive compartmented information", "nested": [], "links": [] }, { "text": "(c) Agency review of special access programs \nEach head of an agency who is authorized to establish a special access program by Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, shall— (1) review the number of personnel of the agency eligible for access to such special access programs; and (2) submit to Congress a report on how the agency head will ensure that the number of such personnel is limited to the minimum required.", "id": "id0619cab005ec45d4be84d488a2e7c887", "header": "Agency review of special access programs", "nested": [], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "(d) Secretary of Energy review of Q and L clearances \nThe Secretary of Energy shall— (1) review the number of personnel of the Department of Energy granted Q and L access; and (2) submit to Congress a report on how the Secretary will ensure that the number of such personnel is limited to the minimum required", "id": "id82278146e0ba41e881d41edffe500942", "header": "Secretary of Energy review of Q and L clearances", "nested": [], "links": [] }, { "text": "(e) Independent reviews \nNot later than 180 days after the date on which a study is completed under subsection (a) or a review is completed under subsections (b) through (d), the Director of the Information Security Oversight Office of the National Archives and Records Administration, the Director of National Intelligence, and the Public Interest Declassification Board shall each review the study or review, as the case may be.", "id": "id8f794f81075d47fea5d672c448631973", "header": "Independent reviews", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "801. Review of shared information technology services for personnel vetting \n(a) Definition of appropriate committees of Congress \nIn this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (b) In general \nNot later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a review of the extent to which the intelligence community can use information technology services shared among the intelligence community for purposes of personnel vetting, including with respect to human resources, suitability, and security.", "id": "id6E167128884543969F22E2852B0F7A21", "header": "Review of shared information technology services for personnel vetting", "nested": [ { "text": "(a) Definition of appropriate committees of Congress \nIn this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.", "id": "id3BB328057B1544F0ABA9C3C8A00D214E", "header": "Definition of appropriate committees of Congress", "nested": [], "links": [] }, { "text": "(b) In general \nNot later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a review of the extent to which the intelligence community can use information technology services shared among the intelligence community for purposes of personnel vetting, including with respect to human resources, suitability, and security.", "id": "ide081da1629bc4c9e9d37fde249fb6e37", "header": "In general", "nested": [], "links": [] } ], "links": [] }, { "text": "802. Timeliness standard for rendering determinations of trust for personnel vetting \n(a) Timeliness standard \n(1) In general \nThe President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent, establish and publish in such public venue as the President considers appropriate, new timeliness performance standards for processing personnel vetting trust determinations in accordance with the Federal personnel vetting performance management standards. (2) Quinquennial reviews \nNot less frequently than once every 5 years, the President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent— (A) review the standards established pursuant to paragraph (1); and (B) pursuant to such review— (i) update such standards as the President considers appropriate; and (ii) publish in the Federal Register such updates as may be made pursuant to clause (i). (3) Conforming amendment \nSection 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ) is amended by striking subsection (g). (b) Quarterly reports on implementation \n(1) In general \nNot less frequently than quarterly, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly make available to the public a quarterly report on the compliance of Executive agencies (as defined in section 105 of title 5, United States Code) with the standards established pursuant to subsection (a). (2) Disaggregation \nEach report made available pursuant to paragraph (1) shall disaggregate, to the greatest extent practicable, data by appropriate category of personnel risk and between Government and contractor personnel. (c) Complementary standards for intelligence community \nThe Director of National Intelligence may, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to Executive Order 13467 ( 50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information) establish for the intelligence community standards complementary to those established pursuant to subsection (a).", "id": "ida182c6d4baf04501abf387c5a9bb8ef1", "header": "Timeliness standard for rendering determinations of trust for personnel vetting", "nested": [ { "text": "(a) Timeliness standard \n(1) In general \nThe President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent, establish and publish in such public venue as the President considers appropriate, new timeliness performance standards for processing personnel vetting trust determinations in accordance with the Federal personnel vetting performance management standards. (2) Quinquennial reviews \nNot less frequently than once every 5 years, the President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent— (A) review the standards established pursuant to paragraph (1); and (B) pursuant to such review— (i) update such standards as the President considers appropriate; and (ii) publish in the Federal Register such updates as may be made pursuant to clause (i). (3) Conforming amendment \nSection 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ) is amended by striking subsection (g).", "id": "ida5205abc558b4364a5eb1546d85cc748", "header": "Timeliness standard", "nested": [], "links": [ { "text": "50 U.S.C. 3341", "legal-doc": "usc", "parsable-cite": "usc/50/3341" } ] }, { "text": "(b) Quarterly reports on implementation \n(1) In general \nNot less frequently than quarterly, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly make available to the public a quarterly report on the compliance of Executive agencies (as defined in section 105 of title 5, United States Code) with the standards established pursuant to subsection (a). (2) Disaggregation \nEach report made available pursuant to paragraph (1) shall disaggregate, to the greatest extent practicable, data by appropriate category of personnel risk and between Government and contractor personnel.", "id": "id87a0793a8b6647a7a636003be0db0e37", "header": "Quarterly reports on implementation", "nested": [], "links": [] }, { "text": "(c) Complementary standards for intelligence community \nThe Director of National Intelligence may, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to Executive Order 13467 ( 50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information) establish for the intelligence community standards complementary to those established pursuant to subsection (a).", "id": "id2549bf3a0a1946b68a1d72977498fb42", "header": "Complementary standards for intelligence community", "nested": [], "links": [ { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] } ], "links": [ { "text": "50 U.S.C. 3341", "legal-doc": "usc", "parsable-cite": "usc/50/3341" }, { "text": "50 U.S.C. 3161", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "803. Annual report on personnel vetting trust determinations \n(a) Definition of personnel vetting trust determination \nIn this section, the term personnel vetting trust determination means any determination made by an executive branch agency as to whether an individual can be trusted to perform job functions or to be granted access necessary for a position. (b) Annual report \nNot later than March 30, 2024, and annually thereafter for 5 years, the Director of National Intelligence, acting as the Security Executive Agent, and the Director of the Office of Personnel Management, acting as the Suitability and Credentialing Executive Agent, in coordination with the Security, Suitability, and Credentialing Performance Accountability Council, shall jointly make available to the public a report on specific types of personnel vetting trust determinations made during the fiscal year preceding the fiscal year in which the report is made available, disaggregated, to the greatest extent possible, by the following: (1) Determinations of eligibility for national security-sensitive positions, separately noting— (A) the number of individuals granted access to national security information; and (B) the number of individuals determined to be eligible for but not granted access to national security information. (2) Determinations of suitability or fitness for a public trust position. (3) Status as a Government employee, a contractor employee, or other category. (c) Elimination of report requirement \nSection 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ) is amended by striking subsection (h).", "id": "idC283AD7F31BE4EBDAA35B3ABE1334AE8", "header": "Annual report on personnel vetting trust determinations", "nested": [ { "text": "(a) Definition of personnel vetting trust determination \nIn this section, the term personnel vetting trust determination means any determination made by an executive branch agency as to whether an individual can be trusted to perform job functions or to be granted access necessary for a position.", "id": "id51dad6056ab0498d907f3d2b40a9ce89", "header": "Definition of personnel vetting trust determination", "nested": [], "links": [] }, { "text": "(b) Annual report \nNot later than March 30, 2024, and annually thereafter for 5 years, the Director of National Intelligence, acting as the Security Executive Agent, and the Director of the Office of Personnel Management, acting as the Suitability and Credentialing Executive Agent, in coordination with the Security, Suitability, and Credentialing Performance Accountability Council, shall jointly make available to the public a report on specific types of personnel vetting trust determinations made during the fiscal year preceding the fiscal year in which the report is made available, disaggregated, to the greatest extent possible, by the following: (1) Determinations of eligibility for national security-sensitive positions, separately noting— (A) the number of individuals granted access to national security information; and (B) the number of individuals determined to be eligible for but not granted access to national security information. (2) Determinations of suitability or fitness for a public trust position. (3) Status as a Government employee, a contractor employee, or other category.", "id": "id5ece348e7d4a4b13bb84b26ed103cf80", "header": "Annual report", "nested": [], "links": [] }, { "text": "(c) Elimination of report requirement \nSection 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ) is amended by striking subsection (h).", "id": "id76c07770cc60434492f2a10b4a662590", "header": "Elimination of report requirement", "nested": [], "links": [ { "text": "50 U.S.C. 3341", "legal-doc": "usc", "parsable-cite": "usc/50/3341" } ] } ], "links": [ { "text": "50 U.S.C. 3341", "legal-doc": "usc", "parsable-cite": "usc/50/3341" } ] }, { "text": "804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0 \nNot later than 1 year after the date of the enactment of this Act, and once every 2 years thereafter until 2029, the Comptroller General of the United States shall administer a survey to such sample of Federal agencies, Federal contractors, and other persons that require security clearances to access classified information as the Comptroller General considers appropriate to assess— (1) the strengths and weaknesses of the implementation of the Trusted Workforce 2.0 initiative; and (2) the effectiveness of vetting Federal personnel while managing risk during the onboarding of such personnel.", "id": "id9f3048b4cd4c4378a68d17ca340c46a2", "header": "Survey to assess strengths and weaknesses of Trusted Workforce 2.0", "nested": [], "links": [] }, { "text": "805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis \n(a) Definitions \nIn this section: (1) Cannabis \nThe term cannabis has the meaning given the term marihuana in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) Eligibility for access to classified information \nThe term eligibility for access to classified information has the meaning given the term in the procedures established pursuant to section 801(a) of the National Security Act of 1947 ( 50 U.S.C. 3161(a) ). (b) Prohibition \nNotwithstanding any other provision of law, the head of an element of the intelligence community may not make a determination to deny eligibility for access to classified information to an individual based solely on the use of cannabis by the individual prior to the submission of the application for a security clearance by the individual.", "id": "ide831775ecb3349049a87883479d616f9", "header": "Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Cannabis \nThe term cannabis has the meaning given the term marihuana in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) Eligibility for access to classified information \nThe term eligibility for access to classified information has the meaning given the term in the procedures established pursuant to section 801(a) of the National Security Act of 1947 ( 50 U.S.C. 3161(a) ).", "id": "id212011ade5f6482fb65e8a454da6b035", "header": "Definitions", "nested": [], "links": [ { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" }, { "text": "50 U.S.C. 3161(a)", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "(b) Prohibition \nNotwithstanding any other provision of law, the head of an element of the intelligence community may not make a determination to deny eligibility for access to classified information to an individual based solely on the use of cannabis by the individual prior to the submission of the application for a security clearance by the individual.", "id": "id36d1ef74a8144689aa33d0e3cebe6a3e", "header": "Prohibition", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" }, { "text": "50 U.S.C. 3161(a)", "legal-doc": "usc", "parsable-cite": "usc/50/3161" } ] }, { "text": "901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain \nSection 19A(d) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d) ) is amended by striking paragraph (3) and inserting the following new paragraph: (3) Funding \n(A) In general \nPayment under paragraph (2) in a fiscal year may be made using any funds— (i) appropriated in advance specifically for payments under such paragraph; or (ii) reprogrammed in accordance with section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ). (B) Budget \nFor each fiscal year, the Director shall include with the budget justification materials submitted to Congress in support of the budget of the President for that fiscal year pursuant to section 1105(a) of title 31, United States Code, an estimate of the funds required in that fiscal year to make payments under paragraph (2)..", "id": "id06a85d37bde94cf6a989348e1e35bfa9", "header": "Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain", "nested": [], "links": [ { "text": "50 U.S.C. 3519b(d)", "legal-doc": "usc", "parsable-cite": "usc/50/3519b" }, { "text": "50 U.S.C. 3094", "legal-doc": "usc", "parsable-cite": "usc/50/3094" } ] }, { "text": "902. Clarification of requirements to seek certain benefits relating to injuries to the brain \n(a) In general \nSection 19A(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d)(5) ) is amended— (1) by striking Payments made and inserting the following: (A) In general \nPayments made ; and (2) by adding at the end the following: (B) Relation to certain Federal workers compensation laws \nWithout regard to the requirements in sections (b) and (c), covered employees need not first seek benefits provided under chapter 81 of title 5, United States Code, to be eligible solely for payment authorized under paragraph (2) of this subsection.. (b) Regulations \nNot later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall— (1) revise applicable regulations to conform with the amendment made by subsection (a); and (2) submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives copies of such regulations, as revised pursuant to paragraph (1).", "id": "idd9b03e53043d4973af7c34049b9a2f06", "header": "Clarification of requirements to seek certain benefits relating to injuries to the brain", "nested": [ { "text": "(a) In general \nSection 19A(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d)(5) ) is amended— (1) by striking Payments made and inserting the following: (A) In general \nPayments made ; and (2) by adding at the end the following: (B) Relation to certain Federal workers compensation laws \nWithout regard to the requirements in sections (b) and (c), covered employees need not first seek benefits provided under chapter 81 of title 5, United States Code, to be eligible solely for payment authorized under paragraph (2) of this subsection..", "id": "id32b698efc61949b8883acd4af4a0474c", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 3519b(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/50/3519b" }, { "text": "chapter 81", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/81" } ] }, { "text": "(b) Regulations \nNot later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall— (1) revise applicable regulations to conform with the amendment made by subsection (a); and (2) submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives copies of such regulations, as revised pursuant to paragraph (1).", "id": "id88ebb841e4a444ac9157a66094234413", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3519b(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/50/3519b" }, { "text": "chapter 81", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/81" } ] }, { "text": "903. Intelligence community implementation of HAVANA Act of 2021 authorities \n(a) Regulations \nExcept as provided in subsection (c), not later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community that has not already done so shall— (1) issue regulations and procedures to implement the authorities provided by section 19A(d) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d) ) and section 901(i) of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b(i) ) to provide payments under such sections, to the degree that such authorities are applicable to the head of the element; and (2) submit to the congressional intelligence, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives committees copies of such regulations. (b) Reporting \nNot later than 210 days after the date of the enactment of this Act, each head of an element of the intelligence community shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on— (1) the estimated number of individuals associated with their element that may be eligible for payment under the authorities described in subsection (a)(1); (2) an estimate of the obligation that the head of the intelligence community element expects to incur in fiscal year 2025 as a result of establishing the regulations pursuant to subsection (a)(1); and (3) any perceived barriers or concerns in implementing such authorities. (c) Alternative reporting \nNot later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community (other than the Director of the Central Intelligence Agency) who believes that the authorities described in subsection (a)(1) are not currently relevant for individuals associated with their element, or who are not otherwise in position to issue the regulations and procedures required by subsection (a)(1) shall provide written and detailed justification to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives to explain this position.", "id": "id3c2996111e9f413bb006aa4fb4ce5966", "header": "Intelligence community implementation of HAVANA Act of 2021 authorities", "nested": [ { "text": "(a) Regulations \nExcept as provided in subsection (c), not later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community that has not already done so shall— (1) issue regulations and procedures to implement the authorities provided by section 19A(d) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d) ) and section 901(i) of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b(i) ) to provide payments under such sections, to the degree that such authorities are applicable to the head of the element; and (2) submit to the congressional intelligence, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives committees copies of such regulations.", "id": "id1ff0a633524e4a7f91fa444014f753a4", "header": "Regulations", "nested": [], "links": [ { "text": "50 U.S.C. 3519b(d)", "legal-doc": "usc", "parsable-cite": "usc/50/3519b" }, { "text": "22 U.S.C. 2680b(i)", "legal-doc": "usc", "parsable-cite": "usc/22/2680b" } ] }, { "text": "(b) Reporting \nNot later than 210 days after the date of the enactment of this Act, each head of an element of the intelligence community shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on— (1) the estimated number of individuals associated with their element that may be eligible for payment under the authorities described in subsection (a)(1); (2) an estimate of the obligation that the head of the intelligence community element expects to incur in fiscal year 2025 as a result of establishing the regulations pursuant to subsection (a)(1); and (3) any perceived barriers or concerns in implementing such authorities.", "id": "ida10c141d79744eb1a9deffed5cc4d55a", "header": "Reporting", "nested": [], "links": [] }, { "text": "(c) Alternative reporting \nNot later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community (other than the Director of the Central Intelligence Agency) who believes that the authorities described in subsection (a)(1) are not currently relevant for individuals associated with their element, or who are not otherwise in position to issue the regulations and procedures required by subsection (a)(1) shall provide written and detailed justification to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives to explain this position.", "id": "id7e41b8c9086d4c4a8f103df12b29d243", "header": "Alternative reporting", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3519b(d)", "legal-doc": "usc", "parsable-cite": "usc/50/3519b" }, { "text": "22 U.S.C. 2680b(i)", "legal-doc": "usc", "parsable-cite": "usc/22/2680b" } ] }, { "text": "904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents \n(a) Definitions \nIn this section: (1) Agency \nThe term Agency means the Central Intelligence Agency. (2) Qualifying injury \nThe term qualifying injury has the meaning given such term in section 19A(d)(1) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d)(1) ). (b) In general \nNot later than 60 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees a report on the handling of anomalous health incidents by the Agency. (c) Contents \nThe report required by subsection (b) shall include the following: (1) HAVANA Act implementation \n(A) An explanation of how the Agency determines whether a reported anomalous health incident resulted in a qualifying injury or a qualifying injury to the brain. (B) The number of participants of the Expanded Care Program of the Central Intelligence Agency who— (i) have a certified qualifying injury or a certified qualifying injury to the brain; and (ii) as of September 30, 2023, applied to the Expanded Care Program due to a reported anomalous health incident. (C) A comparison of the number of anomalous health incidents reported by applicants to the Expanded Care Program that occurred in the United States and that occurred in a foreign country. (D) The specific reason each applicant was approved or denied for payment under the Expanded Care Program. (E) The number of applicants who were initially denied payment but were later approved on appeal. (F) The average length of time, from the time of application, for an applicant to receive a determination from the Expanded Care Program, aggregated by qualifying injuries and qualifying injuries to the brain. (2) Priority cases \n(A) A detailed list of priority cases of anomalous health incidents, including, for each incident, locations, dates, times, and circumstances. (B) For each priority case listed in accordance with subparagraph (A), a detailed explanation of each credible alternative explanation that the Agency assigned to the incident, including— (i) how the incident was discovered; (ii) how the incident was assigned within the Agency; and (iii) whether an individual affected by the incident is provided an opportunity to appeal the credible alternative explanation. (C) For each priority case of an anomalous health incident determined to be largely consistent with the definition of anomalous health incident established by the National Academy of Sciences and for which the Agency does not have a credible alternative explanation, a detailed description of such case. (3) Anomalous health incident sensors \n(A) A list of all types of sensors that the Agency has developed or deployed with respect to reports of anomalous health incidents, including, for each type of sensor, the deployment location, the date and the duration of the employment of such type of sensor, and, if applicable, the reason for removal. (B) A list of entities to which the Agency has provided unrestricted access to data associated with anomalous health incidents. (C) A list of requests for support the Agency has received from elements of the Federal Government regarding sensor development, testing, or deployment, and a description of the support provided in each case. (D) A description of all emitter signatures obtained by sensors associated with anomalous health incidents in Agency holdings since 2016, including— (i) the identification of any of such emitters that the Agency prioritizes as a threat; and (ii) an explanation of such prioritization. (d) Additional submissions \nConcurrent with the submission of the report required by subsection (b), the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives— (1) a template of each form required to apply for the Expanded Care Program, including with respect to payments for a qualifying injury or a qualifying injury to the brain; (2) copies of internal guidance used by the Agency to adjudicate claims for the Expanded Care Program, including with respect to payments for a qualifying injury to the brain; (3) the case file of each applicant to the Expanded Care Program who applied due to a reported anomalous health incident, including supporting medical documentation, with name and other identifying information redacted; (4) copies of all informational and instructional materials provided to employees of and other individuals affiliated with the Agency with respect to applying for the Expanded Care Program; and (5) copies of Agency guidance provided to employees of and other individuals affiliated with the Agency with respect to reporting and responding to a suspected anomalous health incident, and the roles and responsibilities of each element of the Agency tasked with responding to a report of an anomalous health incident. (e) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall brief the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives on the report.", "id": "idb0abbbc2a602429996097a96c8d2cafb", "header": "Report and briefing on Central Intelligence Agency handling of anomalous health incidents", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Agency \nThe term Agency means the Central Intelligence Agency. (2) Qualifying injury \nThe term qualifying injury has the meaning given such term in section 19A(d)(1) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d)(1) ).", "id": "idf68817e773f64b8aada0ca26ef0c6782", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 3519b(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/50/3519b" } ] }, { "text": "(b) In general \nNot later than 60 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees a report on the handling of anomalous health incidents by the Agency.", "id": "idee266e83b61a4e9ea733c198d5f725a9", "header": "In general", "nested": [], "links": [] }, { "text": "(c) Contents \nThe report required by subsection (b) shall include the following: (1) HAVANA Act implementation \n(A) An explanation of how the Agency determines whether a reported anomalous health incident resulted in a qualifying injury or a qualifying injury to the brain. (B) The number of participants of the Expanded Care Program of the Central Intelligence Agency who— (i) have a certified qualifying injury or a certified qualifying injury to the brain; and (ii) as of September 30, 2023, applied to the Expanded Care Program due to a reported anomalous health incident. (C) A comparison of the number of anomalous health incidents reported by applicants to the Expanded Care Program that occurred in the United States and that occurred in a foreign country. (D) The specific reason each applicant was approved or denied for payment under the Expanded Care Program. (E) The number of applicants who were initially denied payment but were later approved on appeal. (F) The average length of time, from the time of application, for an applicant to receive a determination from the Expanded Care Program, aggregated by qualifying injuries and qualifying injuries to the brain. (2) Priority cases \n(A) A detailed list of priority cases of anomalous health incidents, including, for each incident, locations, dates, times, and circumstances. (B) For each priority case listed in accordance with subparagraph (A), a detailed explanation of each credible alternative explanation that the Agency assigned to the incident, including— (i) how the incident was discovered; (ii) how the incident was assigned within the Agency; and (iii) whether an individual affected by the incident is provided an opportunity to appeal the credible alternative explanation. (C) For each priority case of an anomalous health incident determined to be largely consistent with the definition of anomalous health incident established by the National Academy of Sciences and for which the Agency does not have a credible alternative explanation, a detailed description of such case. (3) Anomalous health incident sensors \n(A) A list of all types of sensors that the Agency has developed or deployed with respect to reports of anomalous health incidents, including, for each type of sensor, the deployment location, the date and the duration of the employment of such type of sensor, and, if applicable, the reason for removal. (B) A list of entities to which the Agency has provided unrestricted access to data associated with anomalous health incidents. (C) A list of requests for support the Agency has received from elements of the Federal Government regarding sensor development, testing, or deployment, and a description of the support provided in each case. (D) A description of all emitter signatures obtained by sensors associated with anomalous health incidents in Agency holdings since 2016, including— (i) the identification of any of such emitters that the Agency prioritizes as a threat; and (ii) an explanation of such prioritization.", "id": "id9534d4149d914d64af9ccbff25e0bf73", "header": "Contents", "nested": [], "links": [] }, { "text": "(d) Additional submissions \nConcurrent with the submission of the report required by subsection (b), the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives— (1) a template of each form required to apply for the Expanded Care Program, including with respect to payments for a qualifying injury or a qualifying injury to the brain; (2) copies of internal guidance used by the Agency to adjudicate claims for the Expanded Care Program, including with respect to payments for a qualifying injury to the brain; (3) the case file of each applicant to the Expanded Care Program who applied due to a reported anomalous health incident, including supporting medical documentation, with name and other identifying information redacted; (4) copies of all informational and instructional materials provided to employees of and other individuals affiliated with the Agency with respect to applying for the Expanded Care Program; and (5) copies of Agency guidance provided to employees of and other individuals affiliated with the Agency with respect to reporting and responding to a suspected anomalous health incident, and the roles and responsibilities of each element of the Agency tasked with responding to a report of an anomalous health incident.", "id": "id6dc5813745da4052aa91f5234f1af6d8", "header": "Additional submissions", "nested": [], "links": [] }, { "text": "(e) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall brief the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives on the report.", "id": "id9e0358cb2f544db792ae311f236f8015", "header": "Briefing", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3519b(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/50/3519b" } ] }, { "text": "1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023 \n(a) Requiring penetration testing as part of the testing and certification of voting systems \nSection 231 of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 ) is amended by adding at the end the following new subsection: (e) Required penetration testing \n(1) In general \nNot later than 180 days after the date of the enactment of this subsection, the Commission shall provide for the conduct of penetration testing as part of the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories under this section. (2) Accreditation \nThe Director of the National Institute of Standards and Technology shall recommend to the Commission entities the Director proposes be accredited to carry out penetration testing under this subsection and certify compliance with the penetration testing-related guidelines required by this subsection. The Commission shall vote on the accreditation of any entity recommended. The requirements for such accreditation shall be a subset of the requirements for accreditation of laboratories under subsection (b) and shall only be based on consideration of an entity's competence to conduct penetration testing under this subsection.. (b) Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems \n(1) In general \nSubtitle D of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15401 et seq. ) is amended by adding at the end the following new part: 7 Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems \n297. Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems \n(a) In general \n(1) Establishment \nThe Commission, in consultation with the Secretary, shall establish an Independent Security Testing and Coordinated Vulnerability Disclosure Pilot Program for Election Systems (VDP–E) (in this section referred to as the program ) in order to test for and disclose cybersecurity vulnerabilities in election systems. (2) Duration \nThe program shall be conducted for a period of 5 years. (3) Requirements \nIn carrying out the program, the Commission, in consultation with the Secretary, shall— (A) establish a mechanism by which an election systems vendor may make their election system (including voting machines and source code) available to cybersecurity researchers participating in the program; (B) provide for the vetting of cybersecurity researchers prior to their participation in the program, including the conduct of background checks; (C) establish terms of participation that— (i) describe the scope of testing permitted under the program; (ii) require researchers to— (I) notify the vendor, the Commission, and the Secretary of any cybersecurity vulnerability they identify with respect to an election system; and (II) otherwise keep such vulnerability confidential for 180 days after such notification; (iii) require the good faith participation of all participants in the program; (iv) require an election system vendor, within 180 days after validating notification of a critical or high vulnerability (as defined by the National Institute of Standards and Technology) in an election system of the vendor, to— (I) send a patch or propound some other fix or mitigation for such vulnerability to the appropriate State and local election officials, in consultation with the researcher who discovered it; and (II) notify the Commission and the Secretary that such patch has been sent to such officials; (D) in the case where a patch or fix to address a vulnerability disclosed under subparagraph (C)(ii)(I) is intended to be applied to a system certified by the Commission, provide— (i) for the expedited review of such patch or fix within 90 days after receipt by the Commission; and (ii) if such review is not completed by the last day of such 90 day period, that such patch or fix shall be deemed to be certified by the Commission, subject to any subsequent review of such determination by the Commission; and (E) 180 days after the disclosure of a vulnerability under subparagraph (C)(ii)(I), notify the Director of the Cybersecurity and Infrastructure Security Agency of the vulnerability for inclusion in the database of Common Vulnerabilities and Exposures. (4) Voluntary participation; safe harbor \n(A) Voluntary participation \nParticipation in the program shall be voluntary for election systems vendors and researchers. (B) Safe harbor \nWhen conducting research under this program, such research and subsequent publication shall be considered to be: (i) Authorized in accordance with section 1030 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act ), (and similar state laws), and the election system vendor will not initiate or support legal action against the researcher for accidental, good faith violations of the program. (ii) Exempt from the anti-circumvention rule of section 1201 of title 17, United States Code (commonly known as the Digital Millennium Copyright Act ), and the election system vendor will not bring a claim against a researcher for circumvention of technology controls. (C) Rule of construction \nNothing in this paragraph may be construed to limit or otherwise affect any exception to the general prohibition against the circumvention of technological measures under subparagraph (A) of section 1201(a)(1) of title 17, United States Code, including with respect to any use that is excepted from that general prohibition by the Librarian of Congress under subparagraphs (B) through (D) of such section 1201(a)(1). (5) Exempt from disclosure \nCybersecurity vulnerabilities discovered under the program shall be exempt from section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). (6) Definitions \nIn this subsection: (A) Cybersecurity vulnerability \nThe term cybersecurity vulnerability means, with respect to an election system, any security vulnerability that affects the election system. (B) Election infrastructure \nThe term election infrastructure means— (i) storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office; and (ii) related information and communications technology, including— (I) voter registration databases; (II) election management systems; (III) voting machines; (IV) electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results); and (V) other systems used to manage the election process and to report and display election results on behalf of an election agency. (C) Election system \nThe term election system means any information system that is part of an election infrastructure, including any related information and communications technology described in subparagraph (B)(ii). (D) Election system vendor \nThe term election system vendor means any person providing, supporting, or maintaining an election system on behalf of a State or local election official. (E) Information system \nThe term information system has the meaning given the term in section 3502 of title 44, United States Code. (F) Secretary \nThe term Secretary means the Secretary of Homeland Security. (G) Security vulnerability \nThe term security vulnerability has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ).. (2) Clerical amendment \nThe table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: PART 7—Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems Sec. 297. Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems..", "id": "idfad93d6c347544e698aee9a4a8769a2a", "header": "Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023", "nested": [ { "text": "(a) Requiring penetration testing as part of the testing and certification of voting systems \nSection 231 of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 ) is amended by adding at the end the following new subsection: (e) Required penetration testing \n(1) In general \nNot later than 180 days after the date of the enactment of this subsection, the Commission shall provide for the conduct of penetration testing as part of the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories under this section. (2) Accreditation \nThe Director of the National Institute of Standards and Technology shall recommend to the Commission entities the Director proposes be accredited to carry out penetration testing under this subsection and certify compliance with the penetration testing-related guidelines required by this subsection. The Commission shall vote on the accreditation of any entity recommended. The requirements for such accreditation shall be a subset of the requirements for accreditation of laboratories under subsection (b) and shall only be based on consideration of an entity's competence to conduct penetration testing under this subsection..", "id": "id80242ACB81024B19BBF361D6A77147BC", "header": "Requiring penetration testing as part of the testing and certification of voting systems", "nested": [], "links": [ { "text": "52 U.S.C. 20971", "legal-doc": "usc", "parsable-cite": "usc/52/20971" } ] }, { "text": "(b) Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems \n(1) In general \nSubtitle D of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15401 et seq. ) is amended by adding at the end the following new part: 7 Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems \n297. Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems \n(a) In general \n(1) Establishment \nThe Commission, in consultation with the Secretary, shall establish an Independent Security Testing and Coordinated Vulnerability Disclosure Pilot Program for Election Systems (VDP–E) (in this section referred to as the program ) in order to test for and disclose cybersecurity vulnerabilities in election systems. (2) Duration \nThe program shall be conducted for a period of 5 years. (3) Requirements \nIn carrying out the program, the Commission, in consultation with the Secretary, shall— (A) establish a mechanism by which an election systems vendor may make their election system (including voting machines and source code) available to cybersecurity researchers participating in the program; (B) provide for the vetting of cybersecurity researchers prior to their participation in the program, including the conduct of background checks; (C) establish terms of participation that— (i) describe the scope of testing permitted under the program; (ii) require researchers to— (I) notify the vendor, the Commission, and the Secretary of any cybersecurity vulnerability they identify with respect to an election system; and (II) otherwise keep such vulnerability confidential for 180 days after such notification; (iii) require the good faith participation of all participants in the program; (iv) require an election system vendor, within 180 days after validating notification of a critical or high vulnerability (as defined by the National Institute of Standards and Technology) in an election system of the vendor, to— (I) send a patch or propound some other fix or mitigation for such vulnerability to the appropriate State and local election officials, in consultation with the researcher who discovered it; and (II) notify the Commission and the Secretary that such patch has been sent to such officials; (D) in the case where a patch or fix to address a vulnerability disclosed under subparagraph (C)(ii)(I) is intended to be applied to a system certified by the Commission, provide— (i) for the expedited review of such patch or fix within 90 days after receipt by the Commission; and (ii) if such review is not completed by the last day of such 90 day period, that such patch or fix shall be deemed to be certified by the Commission, subject to any subsequent review of such determination by the Commission; and (E) 180 days after the disclosure of a vulnerability under subparagraph (C)(ii)(I), notify the Director of the Cybersecurity and Infrastructure Security Agency of the vulnerability for inclusion in the database of Common Vulnerabilities and Exposures. (4) Voluntary participation; safe harbor \n(A) Voluntary participation \nParticipation in the program shall be voluntary for election systems vendors and researchers. (B) Safe harbor \nWhen conducting research under this program, such research and subsequent publication shall be considered to be: (i) Authorized in accordance with section 1030 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act ), (and similar state laws), and the election system vendor will not initiate or support legal action against the researcher for accidental, good faith violations of the program. (ii) Exempt from the anti-circumvention rule of section 1201 of title 17, United States Code (commonly known as the Digital Millennium Copyright Act ), and the election system vendor will not bring a claim against a researcher for circumvention of technology controls. (C) Rule of construction \nNothing in this paragraph may be construed to limit or otherwise affect any exception to the general prohibition against the circumvention of technological measures under subparagraph (A) of section 1201(a)(1) of title 17, United States Code, including with respect to any use that is excepted from that general prohibition by the Librarian of Congress under subparagraphs (B) through (D) of such section 1201(a)(1). (5) Exempt from disclosure \nCybersecurity vulnerabilities discovered under the program shall be exempt from section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). (6) Definitions \nIn this subsection: (A) Cybersecurity vulnerability \nThe term cybersecurity vulnerability means, with respect to an election system, any security vulnerability that affects the election system. (B) Election infrastructure \nThe term election infrastructure means— (i) storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office; and (ii) related information and communications technology, including— (I) voter registration databases; (II) election management systems; (III) voting machines; (IV) electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results); and (V) other systems used to manage the election process and to report and display election results on behalf of an election agency. (C) Election system \nThe term election system means any information system that is part of an election infrastructure, including any related information and communications technology described in subparagraph (B)(ii). (D) Election system vendor \nThe term election system vendor means any person providing, supporting, or maintaining an election system on behalf of a State or local election official. (E) Information system \nThe term information system has the meaning given the term in section 3502 of title 44, United States Code. (F) Secretary \nThe term Secretary means the Secretary of Homeland Security. (G) Security vulnerability \nThe term security vulnerability has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ).. (2) Clerical amendment \nThe table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: PART 7—Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems Sec. 297. Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems..", "id": "id32BE894921DC4B5FBB68DFBD2BEE0B8D", "header": "Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems", "nested": [], "links": [ { "text": "42 U.S.C. 15401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/15401" }, { "text": "6 U.S.C. 1501", "legal-doc": "usc", "parsable-cite": "usc/6/1501" } ] } ], "links": [ { "text": "52 U.S.C. 20971", "legal-doc": "usc", "parsable-cite": "usc/52/20971" }, { "text": "42 U.S.C. 15401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/15401" }, { "text": "6 U.S.C. 1501", "legal-doc": "usc", "parsable-cite": "usc/6/1501" } ] }, { "text": "297. Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems \n(a) In general \n(1) Establishment \nThe Commission, in consultation with the Secretary, shall establish an Independent Security Testing and Coordinated Vulnerability Disclosure Pilot Program for Election Systems (VDP–E) (in this section referred to as the program ) in order to test for and disclose cybersecurity vulnerabilities in election systems. (2) Duration \nThe program shall be conducted for a period of 5 years. (3) Requirements \nIn carrying out the program, the Commission, in consultation with the Secretary, shall— (A) establish a mechanism by which an election systems vendor may make their election system (including voting machines and source code) available to cybersecurity researchers participating in the program; (B) provide for the vetting of cybersecurity researchers prior to their participation in the program, including the conduct of background checks; (C) establish terms of participation that— (i) describe the scope of testing permitted under the program; (ii) require researchers to— (I) notify the vendor, the Commission, and the Secretary of any cybersecurity vulnerability they identify with respect to an election system; and (II) otherwise keep such vulnerability confidential for 180 days after such notification; (iii) require the good faith participation of all participants in the program; (iv) require an election system vendor, within 180 days after validating notification of a critical or high vulnerability (as defined by the National Institute of Standards and Technology) in an election system of the vendor, to— (I) send a patch or propound some other fix or mitigation for such vulnerability to the appropriate State and local election officials, in consultation with the researcher who discovered it; and (II) notify the Commission and the Secretary that such patch has been sent to such officials; (D) in the case where a patch or fix to address a vulnerability disclosed under subparagraph (C)(ii)(I) is intended to be applied to a system certified by the Commission, provide— (i) for the expedited review of such patch or fix within 90 days after receipt by the Commission; and (ii) if such review is not completed by the last day of such 90 day period, that such patch or fix shall be deemed to be certified by the Commission, subject to any subsequent review of such determination by the Commission; and (E) 180 days after the disclosure of a vulnerability under subparagraph (C)(ii)(I), notify the Director of the Cybersecurity and Infrastructure Security Agency of the vulnerability for inclusion in the database of Common Vulnerabilities and Exposures. (4) Voluntary participation; safe harbor \n(A) Voluntary participation \nParticipation in the program shall be voluntary for election systems vendors and researchers. (B) Safe harbor \nWhen conducting research under this program, such research and subsequent publication shall be considered to be: (i) Authorized in accordance with section 1030 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act ), (and similar state laws), and the election system vendor will not initiate or support legal action against the researcher for accidental, good faith violations of the program. (ii) Exempt from the anti-circumvention rule of section 1201 of title 17, United States Code (commonly known as the Digital Millennium Copyright Act ), and the election system vendor will not bring a claim against a researcher for circumvention of technology controls. (C) Rule of construction \nNothing in this paragraph may be construed to limit or otherwise affect any exception to the general prohibition against the circumvention of technological measures under subparagraph (A) of section 1201(a)(1) of title 17, United States Code, including with respect to any use that is excepted from that general prohibition by the Librarian of Congress under subparagraphs (B) through (D) of such section 1201(a)(1). (5) Exempt from disclosure \nCybersecurity vulnerabilities discovered under the program shall be exempt from section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). (6) Definitions \nIn this subsection: (A) Cybersecurity vulnerability \nThe term cybersecurity vulnerability means, with respect to an election system, any security vulnerability that affects the election system. (B) Election infrastructure \nThe term election infrastructure means— (i) storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office; and (ii) related information and communications technology, including— (I) voter registration databases; (II) election management systems; (III) voting machines; (IV) electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results); and (V) other systems used to manage the election process and to report and display election results on behalf of an election agency. (C) Election system \nThe term election system means any information system that is part of an election infrastructure, including any related information and communications technology described in subparagraph (B)(ii). (D) Election system vendor \nThe term election system vendor means any person providing, supporting, or maintaining an election system on behalf of a State or local election official. (E) Information system \nThe term information system has the meaning given the term in section 3502 of title 44, United States Code. (F) Secretary \nThe term Secretary means the Secretary of Homeland Security. (G) Security vulnerability \nThe term security vulnerability has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ).", "id": "idE46BC6059C754CB097A417EFC1C429C0", "header": "Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems", "nested": [ { "text": "(a) In general \n(1) Establishment \nThe Commission, in consultation with the Secretary, shall establish an Independent Security Testing and Coordinated Vulnerability Disclosure Pilot Program for Election Systems (VDP–E) (in this section referred to as the program ) in order to test for and disclose cybersecurity vulnerabilities in election systems. (2) Duration \nThe program shall be conducted for a period of 5 years. (3) Requirements \nIn carrying out the program, the Commission, in consultation with the Secretary, shall— (A) establish a mechanism by which an election systems vendor may make their election system (including voting machines and source code) available to cybersecurity researchers participating in the program; (B) provide for the vetting of cybersecurity researchers prior to their participation in the program, including the conduct of background checks; (C) establish terms of participation that— (i) describe the scope of testing permitted under the program; (ii) require researchers to— (I) notify the vendor, the Commission, and the Secretary of any cybersecurity vulnerability they identify with respect to an election system; and (II) otherwise keep such vulnerability confidential for 180 days after such notification; (iii) require the good faith participation of all participants in the program; (iv) require an election system vendor, within 180 days after validating notification of a critical or high vulnerability (as defined by the National Institute of Standards and Technology) in an election system of the vendor, to— (I) send a patch or propound some other fix or mitigation for such vulnerability to the appropriate State and local election officials, in consultation with the researcher who discovered it; and (II) notify the Commission and the Secretary that such patch has been sent to such officials; (D) in the case where a patch or fix to address a vulnerability disclosed under subparagraph (C)(ii)(I) is intended to be applied to a system certified by the Commission, provide— (i) for the expedited review of such patch or fix within 90 days after receipt by the Commission; and (ii) if such review is not completed by the last day of such 90 day period, that such patch or fix shall be deemed to be certified by the Commission, subject to any subsequent review of such determination by the Commission; and (E) 180 days after the disclosure of a vulnerability under subparagraph (C)(ii)(I), notify the Director of the Cybersecurity and Infrastructure Security Agency of the vulnerability for inclusion in the database of Common Vulnerabilities and Exposures. (4) Voluntary participation; safe harbor \n(A) Voluntary participation \nParticipation in the program shall be voluntary for election systems vendors and researchers. (B) Safe harbor \nWhen conducting research under this program, such research and subsequent publication shall be considered to be: (i) Authorized in accordance with section 1030 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act ), (and similar state laws), and the election system vendor will not initiate or support legal action against the researcher for accidental, good faith violations of the program. (ii) Exempt from the anti-circumvention rule of section 1201 of title 17, United States Code (commonly known as the Digital Millennium Copyright Act ), and the election system vendor will not bring a claim against a researcher for circumvention of technology controls. (C) Rule of construction \nNothing in this paragraph may be construed to limit or otherwise affect any exception to the general prohibition against the circumvention of technological measures under subparagraph (A) of section 1201(a)(1) of title 17, United States Code, including with respect to any use that is excepted from that general prohibition by the Librarian of Congress under subparagraphs (B) through (D) of such section 1201(a)(1). (5) Exempt from disclosure \nCybersecurity vulnerabilities discovered under the program shall be exempt from section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). (6) Definitions \nIn this subsection: (A) Cybersecurity vulnerability \nThe term cybersecurity vulnerability means, with respect to an election system, any security vulnerability that affects the election system. (B) Election infrastructure \nThe term election infrastructure means— (i) storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office; and (ii) related information and communications technology, including— (I) voter registration databases; (II) election management systems; (III) voting machines; (IV) electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results); and (V) other systems used to manage the election process and to report and display election results on behalf of an election agency. (C) Election system \nThe term election system means any information system that is part of an election infrastructure, including any related information and communications technology described in subparagraph (B)(ii). (D) Election system vendor \nThe term election system vendor means any person providing, supporting, or maintaining an election system on behalf of a State or local election official. (E) Information system \nThe term information system has the meaning given the term in section 3502 of title 44, United States Code. (F) Secretary \nThe term Secretary means the Secretary of Homeland Security. (G) Security vulnerability \nThe term security vulnerability has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ).", "id": "idE4F6FD5C1DBE4F6A983F6A231387A91B", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 1501", "legal-doc": "usc", "parsable-cite": "usc/6/1501" } ] } ], "links": [ { "text": "6 U.S.C. 1501", "legal-doc": "usc", "parsable-cite": "usc/6/1501" } ] }, { "text": "1101. Modification of reporting requirement for All-domain Anomaly Resolution Office \nSection 1683(k)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373(k)(1) ), as amended by section 6802(a) of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is amended— (1) in the heading, by striking Director of National Intelligence and Secretary of Defense and inserting All-domain Anomaly Resolution Office ; and (2) in subparagraph (A), by striking Director of National Intelligence and the Secretary of Defense shall jointly and inserting Director of the Office shall.", "id": "iddfa8067259cd43fd85e9089bb6672df0", "header": "Modification of reporting requirement for All-domain Anomaly Resolution Office", "nested": [], "links": [ { "text": "50 U.S.C. 3373(k)(1)", "legal-doc": "usc", "parsable-cite": "usc/50/3373" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "1102. Funding limitations relating to unidentified anomalous phenomena \n(a) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) Congressional leadership \nThe term congressional leadership means— (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Representatives; and (D) the minority leader of the House of Representatives. (3) Director \nThe term Director means the Director of the All-domain Anomaly Resolution Office. (4) Unidentified anomalous phenomena \nThe term unidentified anomalous phenomena has the meaning given such term in section 1683(n) of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373(n) ), as amended by section 6802(a) of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ). (b) Sense of Congress \nIt is the sense of Congress that, due to the increasing potential for technology surprise from foreign adversaries and to ensure sufficient integration across the United States industrial base and avoid technology and security stovepipes— (1) the United States industrial base must retain its global lead in critical advanced technologies; and (2) the Federal Government must expand awareness about any historical exotic technology antecedents previously provided by the Federal Government for research and development purposes. (c) Limitations \nNo amount authorized to be appropriated by this Act may be obligated or expended, directly or indirectly, in part or in whole, for, on, in relation to, or in support of activities involving unidentified anomalous phenomena protected under any form of special access or restricted access limitations that have not been formally, officially, explicitly, and specifically described, explained, and justified to the appropriate committees of Congress, congressional leadership, and the Director, including for any activities relating to the following: (1) Recruiting, employing, training, equipping, and operations of, and providing security for, government or contractor personnel with a primary, secondary, or contingency mission of capturing, recovering, and securing unidentified anomalous phenomena craft or pieces and components of such craft. (2) Analyzing such craft or pieces or components thereof, including for the purpose of determining properties, material composition, method of manufacture, origin, characteristics, usage and application, performance, operational modalities, or reverse engineering of such craft or component technology. (3) Managing and providing security for protecting activities and information relating to unidentified anomalous phenomena from disclosure or compromise. (4) Actions relating to reverse engineering or replicating unidentified anomalous phenomena technology or performance based on analysis of materials or sensor and observational information associated with unidentified anomalous phenomena. (5) The development of propulsion technology, or aerospace craft that uses propulsion technology, systems, or subsystems, that is based on or derived from or inspired by inspection, analysis, or reverse engineering of recovered unidentified anomalous phenomena craft or materials. (6) Any aerospace craft that uses propulsion technology other than chemical propellants, solar power, or electric ion thrust. (d) Notification and reporting \nAny person currently or formerly under contract with the Federal Government that has in their possession material or information provided by or derived from the Federal Government relating to unidentified anomalous phenomena that formerly or currently is protected by any form of special access or restricted access shall— (1) not later than 60 days after the date of the enactment of this Act, notify the Director of such possession; and (2) not later than 180 days after the date of the enactment of this Act, make available to the Director for assessment, analysis, and inspection— (A) all such material and information; and (B) a comprehensive list of all non-earth origin or exotic unidentified anomalous phenomena material. (e) Liability \nNo criminal or civil action may lie or be maintained in any Federal or State court against any person for receiving material or information described in subsection (d) if that person complies with the notification and reporting provisions described in such subsection. (f) Limitation regarding independent research and development \n(1) In general \nConsistent with Department of Defense Instruction Number 3204.01 (dated August 20, 2014, incorporating change 2, dated July 9, 2020; relating to Department policy for oversight of independent research and development), independent research and development funding relating to material or information described in subsection (c) shall not be allowable as indirect expenses for purposes of contracts covered by such instruction, unless such material and information is made available to the Director in accordance with subsection (d). (2) Effective date and applicability \nParagraph (1) shall take effect on the date that is 60 days after the date of the enactment of this Act and shall apply with respect to funding from amounts appropriated before, on, or after such date. (g) Notice to Congress \nNot later than 30 days after the date on which the Director has received a notification under paragraph (1) of subsection (d) or information or material under paragraph (2) of such subsection, the Director shall provide written notification of such receipt to the appropriate committees of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Accountability of the House of Representatives, and congressional leadership.", "id": "idfd4035e5209e44529f3bbb8af6e2d9f8", "header": "Funding limitations relating to unidentified anomalous phenomena", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) Congressional leadership \nThe term congressional leadership means— (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Representatives; and (D) the minority leader of the House of Representatives. (3) Director \nThe term Director means the Director of the All-domain Anomaly Resolution Office. (4) Unidentified anomalous phenomena \nThe term unidentified anomalous phenomena has the meaning given such term in section 1683(n) of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373(n) ), as amended by section 6802(a) of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ).", "id": "idb9c8a40815e842e2942b45dbb0d09538", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 3373(n)", "legal-doc": "usc", "parsable-cite": "usc/50/3373" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] }, { "text": "(b) Sense of Congress \nIt is the sense of Congress that, due to the increasing potential for technology surprise from foreign adversaries and to ensure sufficient integration across the United States industrial base and avoid technology and security stovepipes— (1) the United States industrial base must retain its global lead in critical advanced technologies; and (2) the Federal Government must expand awareness about any historical exotic technology antecedents previously provided by the Federal Government for research and development purposes.", "id": "id879fbf863146407294976a80ce51fa66", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(c) Limitations \nNo amount authorized to be appropriated by this Act may be obligated or expended, directly or indirectly, in part or in whole, for, on, in relation to, or in support of activities involving unidentified anomalous phenomena protected under any form of special access or restricted access limitations that have not been formally, officially, explicitly, and specifically described, explained, and justified to the appropriate committees of Congress, congressional leadership, and the Director, including for any activities relating to the following: (1) Recruiting, employing, training, equipping, and operations of, and providing security for, government or contractor personnel with a primary, secondary, or contingency mission of capturing, recovering, and securing unidentified anomalous phenomena craft or pieces and components of such craft. (2) Analyzing such craft or pieces or components thereof, including for the purpose of determining properties, material composition, method of manufacture, origin, characteristics, usage and application, performance, operational modalities, or reverse engineering of such craft or component technology. (3) Managing and providing security for protecting activities and information relating to unidentified anomalous phenomena from disclosure or compromise. (4) Actions relating to reverse engineering or replicating unidentified anomalous phenomena technology or performance based on analysis of materials or sensor and observational information associated with unidentified anomalous phenomena. (5) The development of propulsion technology, or aerospace craft that uses propulsion technology, systems, or subsystems, that is based on or derived from or inspired by inspection, analysis, or reverse engineering of recovered unidentified anomalous phenomena craft or materials. (6) Any aerospace craft that uses propulsion technology other than chemical propellants, solar power, or electric ion thrust.", "id": "id0f313f415d454246b85207b54182ff06", "header": "Limitations", "nested": [], "links": [] }, { "text": "(d) Notification and reporting \nAny person currently or formerly under contract with the Federal Government that has in their possession material or information provided by or derived from the Federal Government relating to unidentified anomalous phenomena that formerly or currently is protected by any form of special access or restricted access shall— (1) not later than 60 days after the date of the enactment of this Act, notify the Director of such possession; and (2) not later than 180 days after the date of the enactment of this Act, make available to the Director for assessment, analysis, and inspection— (A) all such material and information; and (B) a comprehensive list of all non-earth origin or exotic unidentified anomalous phenomena material.", "id": "idb39a72f3ec4749afa0f19926fa945c79", "header": "Notification and reporting", "nested": [], "links": [] }, { "text": "(e) Liability \nNo criminal or civil action may lie or be maintained in any Federal or State court against any person for receiving material or information described in subsection (d) if that person complies with the notification and reporting provisions described in such subsection.", "id": "id541339c6165341199e20fa0886de3440", "header": "Liability", "nested": [], "links": [] }, { "text": "(f) Limitation regarding independent research and development \n(1) In general \nConsistent with Department of Defense Instruction Number 3204.01 (dated August 20, 2014, incorporating change 2, dated July 9, 2020; relating to Department policy for oversight of independent research and development), independent research and development funding relating to material or information described in subsection (c) shall not be allowable as indirect expenses for purposes of contracts covered by such instruction, unless such material and information is made available to the Director in accordance with subsection (d). (2) Effective date and applicability \nParagraph (1) shall take effect on the date that is 60 days after the date of the enactment of this Act and shall apply with respect to funding from amounts appropriated before, on, or after such date.", "id": "id83afb6a09d0747ffb5eb49fec175c41e", "header": "Limitation regarding independent research and development", "nested": [], "links": [] }, { "text": "(g) Notice to Congress \nNot later than 30 days after the date on which the Director has received a notification under paragraph (1) of subsection (d) or information or material under paragraph (2) of such subsection, the Director shall provide written notification of such receipt to the appropriate committees of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Accountability of the House of Representatives, and congressional leadership.", "id": "id6c9d0c11feba4d40b956381604b6ec1d", "header": "Notice to Congress", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3373(n)", "legal-doc": "usc", "parsable-cite": "usc/50/3373" }, { "text": "Public Law 117–263", "legal-doc": "public-law", "parsable-cite": "pl/117/263" } ] } ]

[ "Accounting and auditing", "Administrative law and regulatory procedures", "Administrative remedies", "Advanced technology and technological innovations", "Advisory bodies", "Africa", "Air quality", "Alliances", "Appropriations", "Architect of the Capitol", "Architecture", "Arizona", "Arkansas", "Asia", "Assault and harassment offenses", "Athletes", "Australia", "Aviation and airports", "Border security and unlawful immigration", "Budget process", "Building construction", "Burma", "Business expenses", "Business investment and capital", "Business records", "California", "Canada", "Cancer", "Caribbean area", "Chemical and biological weapons", "Child health", "China", "Civil actions and liability", "Climate change and greenhouse gases", "Coast guard", "Collective security", "Colorado", "Commemorative events and holidays", "Computer security and identity theft", "Computers and information technology", "Conflicts and wars", "Congressional oversight", "Correctional facilities and imprisonment", "Crimes against children", "Cuba", "Defense spending", "Dental care", "Department of Defense", "Department of Justice", "Department of State", "Detention of persons", "Digestive and metabolic diseases", "Digital media", "Diplomacy, foreign officials, Americans abroad", "Disability and paralysis", "Disability assistance", "Domestic violence and child abuse", "Drug trafficking and controlled substances", "Drug, alcohol, tobacco use", "Economic development", "Elections, voting, political campaign regulation", "Elementary and secondary education", "Emergency planning and evacuation", "Employee benefits and pensions", "Employee hiring", "Employment and training programs", "Employment discrimination and employee rights", "Energy efficiency and conservation", "Energy research", "Environmental assessment, monitoring, research", "Environmental health", "Europe", "Executive agency funding and structure", "Family planning and birth control", "Family relationships", "Federal officials", "Federal-Indian relations", "Firearms and explosives", "Fires", "First responders and emergency personnel", "Foreign aid and international relief", "Foreign labor", "Foreign language and bilingual programs", "Forests, forestry, trees", "Fraud offenses and financial crimes", "Free trade and trade barriers", "Government buildings, facilities, and property", "Government employee pay, benefits, personnel management", "Government information and archives", "Government lending and loan guarantees", "Government studies and investigations", "Government trust funds", "Guam", "Hawaii", "Hazardous wastes and toxic substances", "Health care coverage and access", "Health care quality", "Health information and medical records", "Health personnel", "Health programs administration and funding", "Health promotion and preventive care", "Health technology, devices, supplies", "Hearing, speech, and vision care", "Higher education", "Historic sites and heritage areas", "Historical and cultural resources", "Home and outpatient care", "Homeland security", "Homelessness and emergency shelter", "Hong Kong", "Housing and community development funding", "Housing finance and home ownership", "Housing industry and standards", "Human rights", "Human trafficking", "Idaho", "India", "Indian lands and resources rights", "Indian social and development programs", "Indiana", "Inflation and prices", "Infrastructure development", "Intellectual property", "Intelligence activities, surveillance, classified information", "International law and treaties", "International monetary system and foreign exchange", "International organizations and cooperation", "Internet, web applications, social media", "Iran", "Iraq", "Israel", "Japan", "Judicial review and appeals", "Kansas", "Land transfers", "Latin America", "Law enforcement administration and funding", "Libya", "Licensing and registrations", "Marine and inland water transportation", "Marshall Islands", "Maryland", "Medical education", "Medical research", "Medical tests and diagnostic methods", "Mental health", "Metals", "Mexico", "Micronesia", "Middle East", "Military assistance, sales, and agreements", "Military civil functions", "Military education and training", "Military facilities and property", "Military history", "Military law", "Military medicine", "Military operations and strategy", "Military personnel and dependents", "Military procurement, research, weapons development", "Military readiness", "Mining", "Missing persons", "Missouri", "Montana", "Motor fuels", "Motor vehicles", "Museums, exhibitions, cultural centers", "National Guard and reserves", "National symbols", "Natural disasters", "Navigation, waterways, harbors", "Neurological disorders", "Nevada", "New Mexico", "New York State", "New Zealand", "North Dakota", "North Korea", "Northern Mariana Islands", "Nuclear weapons", "Oceania", "Oil and gas", "Oregon", "Organization of American States", "Organized crime", "Palau", "Pennsylvania", "Performance measurement", "Personnel records", "Physical fitness and lifestyle", "Poland", "Pornography", "Postal service", "Prescription drugs", "Presidents and presidential powers, Vice Presidents", "Product development and innovation", "Professional sports", "Public contracts and procurement", "Public participation and lobbying", "Public-private cooperation", "Racial and ethnic relations", "Radioactive wastes and releases", "Reconstruction and stabilization", "Refugees, asylum, displaced persons", "Research administration and funding", "Research and development", "Residential rehabilitation and home repair", "Rule of law and government transparency", "Russia", "Sanctions", "Science and engineering education", "Self-employed", "Sex and reproductive health", "Sex offenses", "Sex, gender, sexual orientation discrimination", "Small business", "Smuggling and trafficking", "Somalia", "South Dakota", "South Korea", "Sovereignty, recognition, national governance and status", "Space flight and exploration", "Spacecraft and satellites", "Special education", "Strategic materials and reserves", "Student aid and college costs", "Syria", "Taiwan", "Teaching, teachers, curricula", "Technology transfer and commercialization", "Terrorism", "Texas", "Trade restrictions", "Transportation costs", "U.S. Capitol", "U.S. and foreign investments", "U.S. territories and protectorates", "Ukraine", "United Kingdom", "Utah", "Veterans' education, employment, rehabilitation", "Veterans' loans, housing, homeless programs", "Veterans' medical care", "Veterans' organizations and recognition", "Veterans' pensions and compensation", "Violent crime", "Virginia", "Visas and passports" ]

[ { "text": "1. Short title \nThis Act may be cited as the National Biodefense Analysis and Countermeasures Center Authorization Act of 2023 or the NBACC Authorization Act of 2023.", "id": "id3a2236257943480080a46e9e5606c88d", "header": "Short title", "nested": [], "links": [] }, { "text": "2. National Biodefense Analysis and Countermeasures Center \n(a) In general \nTitle III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ) is amended by adding at the end the following: 324. National Biodefense Analysis and Countermeasures Center \n(a) In general \nThe Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2), which shall be the lead Federal facility dedicated to defending the United States against biological threats by— (1) understanding the risks posed by intentional, accidental, and natural biological events; and (2) providing the operational capabilities to support the investigation, prosecution, and prevention of biocrimes and bioterrorism. (b) Laboratory described \nThe laboratory described in this subsection may be a federally funded research and development center— (1) known, as of the date of enactment of this section, as the National Biodefense Analysis and Countermeasures Center; (2) that may include— (A) the National Bioforensic Analysis Center, which conducts technical analyses in support of Federal law enforcement investigations; and (B) the National Biological Threat Characterization Center, which conducts experiments and studies to better understand biological vulnerabilities and hazards; and (3) transferred to the Department pursuant to subparagraphs (A), (D), and (F) of section 303(1) and section 303(2). (c) Laboratory activities \nThe National Biodefense Analysis and Countermeasures Center shall— (1) conduct studies and experiments to better understand current and future biological threats and hazards and pandemics; (2) provide the scientific data required to assess vulnerabilities, conduct risk assessments, and determine potential impacts to guide the development of countermeasures; (3) conduct and facilitate the technical forensic analysis and interpretation of materials recovered following a biological attack, or in other law enforcement investigations requiring evaluation of biological materials, in support of the appropriate lead Federal agency; (4) coordinate with other national laboratories to enhance research capabilities, share lessons learned, and provide training more efficiently; (5) collaborate with the Homeland Security Enterprise, as defined in section 2200, to plan and conduct research to address gaps and needs in biodefense; and (6) carry out other such activities as the Secretary determines appropriate. (d) Work for Others \nThe National Biodefense Analysis and Countermeasures Center shall engage in a continuously operating Work for Others program to make the unique biocontainment and bioforensic capabilities of the National Biodefense Analysis and Countermeasures Center available to other Federal agencies. (e) Facility repair and routine equipment replacement \nThe National Biodefense Analysis and Countermeasures Center shall— (1) perform regularly scheduled and required maintenance of laboratory infrastructure; and (2) procure mission-critical equipment and capability upgrades. (f) Facility mission needs assessment \n(1) In general \nTo address capacity concerns and accommodate future mission needs and advanced capabilities, the Under Secretary for Science and Technology shall conduct a mission needs assessment, to include scoping for potential future needs or expansion, of the National Biodefense Analysis and Countermeasures Center. (2) Submission \nNot later than 120 days after the date of enactment of this section, the Under Secretary for Science and Technology shall provide the assessment conducted under paragraph (1) to— (A) the Committee on Homeland Security and Governmental Affairs and the Subcommittee on Homeland Security Appropriations of the Committee on Appropriations of the Senate; and (B) the Committee on Homeland Security and the Subcommittee on Homeland Security Appropriations of the Committee on Appropriations of the House of Representatives. (g) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to support the activities of the laboratory designated under this section. (h) Rule of construction \nNothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.. (b) Technical and conforming amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended by inserting after the item relating to section 323 the following: Sec. 324. National Biodefense Analysis and Countermeasures Center..", "id": "id72393108E4C2427F8FD3D569E2CB8FAB", "header": "National Biodefense Analysis and Countermeasures Center", "nested": [ { "text": "(a) In general \nTitle III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ) is amended by adding at the end the following: 324. National Biodefense Analysis and Countermeasures Center \n(a) In general \nThe Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2), which shall be the lead Federal facility dedicated to defending the United States against biological threats by— (1) understanding the risks posed by intentional, accidental, and natural biological events; and (2) providing the operational capabilities to support the investigation, prosecution, and prevention of biocrimes and bioterrorism. (b) Laboratory described \nThe laboratory described in this subsection may be a federally funded research and development center— (1) known, as of the date of enactment of this section, as the National Biodefense Analysis and Countermeasures Center; (2) that may include— (A) the National Bioforensic Analysis Center, which conducts technical analyses in support of Federal law enforcement investigations; and (B) the National Biological Threat Characterization Center, which conducts experiments and studies to better understand biological vulnerabilities and hazards; and (3) transferred to the Department pursuant to subparagraphs (A), (D), and (F) of section 303(1) and section 303(2). (c) Laboratory activities \nThe National Biodefense Analysis and Countermeasures Center shall— (1) conduct studies and experiments to better understand current and future biological threats and hazards and pandemics; (2) provide the scientific data required to assess vulnerabilities, conduct risk assessments, and determine potential impacts to guide the development of countermeasures; (3) conduct and facilitate the technical forensic analysis and interpretation of materials recovered following a biological attack, or in other law enforcement investigations requiring evaluation of biological materials, in support of the appropriate lead Federal agency; (4) coordinate with other national laboratories to enhance research capabilities, share lessons learned, and provide training more efficiently; (5) collaborate with the Homeland Security Enterprise, as defined in section 2200, to plan and conduct research to address gaps and needs in biodefense; and (6) carry out other such activities as the Secretary determines appropriate. (d) Work for Others \nThe National Biodefense Analysis and Countermeasures Center shall engage in a continuously operating Work for Others program to make the unique biocontainment and bioforensic capabilities of the National Biodefense Analysis and Countermeasures Center available to other Federal agencies. (e) Facility repair and routine equipment replacement \nThe National Biodefense Analysis and Countermeasures Center shall— (1) perform regularly scheduled and required maintenance of laboratory infrastructure; and (2) procure mission-critical equipment and capability upgrades. (f) Facility mission needs assessment \n(1) In general \nTo address capacity concerns and accommodate future mission needs and advanced capabilities, the Under Secretary for Science and Technology shall conduct a mission needs assessment, to include scoping for potential future needs or expansion, of the National Biodefense Analysis and Countermeasures Center. (2) Submission \nNot later than 120 days after the date of enactment of this section, the Under Secretary for Science and Technology shall provide the assessment conducted under paragraph (1) to— (A) the Committee on Homeland Security and Governmental Affairs and the Subcommittee on Homeland Security Appropriations of the Committee on Appropriations of the Senate; and (B) the Committee on Homeland Security and the Subcommittee on Homeland Security Appropriations of the Committee on Appropriations of the House of Representatives. (g) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to support the activities of the laboratory designated under this section. (h) Rule of construction \nNothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department..", "id": "idf9903a94b13f43f99845895c390b3896", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/181" } ] }, { "text": "(b) Technical and conforming amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended by inserting after the item relating to section 323 the following: Sec. 324. National Biodefense Analysis and Countermeasures Center..", "id": "id61ecd247bb1a470e88cd6e7b47aca6a9", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "Public Law 107–296", "legal-doc": "public-law", "parsable-cite": "pl/107/296" } ] } ], "links": [ { "text": "6 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/181" }, { "text": "Public Law 107–296", "legal-doc": "public-law", "parsable-cite": "pl/107/296" } ] }, { "text": "324. National Biodefense Analysis and Countermeasures Center \n(a) In general \nThe Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2), which shall be the lead Federal facility dedicated to defending the United States against biological threats by— (1) understanding the risks posed by intentional, accidental, and natural biological events; and (2) providing the operational capabilities to support the investigation, prosecution, and prevention of biocrimes and bioterrorism. (b) Laboratory described \nThe laboratory described in this subsection may be a federally funded research and development center— (1) known, as of the date of enactment of this section, as the National Biodefense Analysis and Countermeasures Center; (2) that may include— (A) the National Bioforensic Analysis Center, which conducts technical analyses in support of Federal law enforcement investigations; and (B) the National Biological Threat Characterization Center, which conducts experiments and studies to better understand biological vulnerabilities and hazards; and (3) transferred to the Department pursuant to subparagraphs (A), (D), and (F) of section 303(1) and section 303(2). (c) Laboratory activities \nThe National Biodefense Analysis and Countermeasures Center shall— (1) conduct studies and experiments to better understand current and future biological threats and hazards and pandemics; (2) provide the scientific data required to assess vulnerabilities, conduct risk assessments, and determine potential impacts to guide the development of countermeasures; (3) conduct and facilitate the technical forensic analysis and interpretation of materials recovered following a biological attack, or in other law enforcement investigations requiring evaluation of biological materials, in support of the appropriate lead Federal agency; (4) coordinate with other national laboratories to enhance research capabilities, share lessons learned, and provide training more efficiently; (5) collaborate with the Homeland Security Enterprise, as defined in section 2200, to plan and conduct research to address gaps and needs in biodefense; and (6) carry out other such activities as the Secretary determines appropriate. (d) Work for Others \nThe National Biodefense Analysis and Countermeasures Center shall engage in a continuously operating Work for Others program to make the unique biocontainment and bioforensic capabilities of the National Biodefense Analysis and Countermeasures Center available to other Federal agencies. (e) Facility repair and routine equipment replacement \nThe National Biodefense Analysis and Countermeasures Center shall— (1) perform regularly scheduled and required maintenance of laboratory infrastructure; and (2) procure mission-critical equipment and capability upgrades. (f) Facility mission needs assessment \n(1) In general \nTo address capacity concerns and accommodate future mission needs and advanced capabilities, the Under Secretary for Science and Technology shall conduct a mission needs assessment, to include scoping for potential future needs or expansion, of the National Biodefense Analysis and Countermeasures Center. (2) Submission \nNot later than 120 days after the date of enactment of this section, the Under Secretary for Science and Technology shall provide the assessment conducted under paragraph (1) to— (A) the Committee on Homeland Security and Governmental Affairs and the Subcommittee on Homeland Security Appropriations of the Committee on Appropriations of the Senate; and (B) the Committee on Homeland Security and the Subcommittee on Homeland Security Appropriations of the Committee on Appropriations of the House of Representatives. (g) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to support the activities of the laboratory designated under this section. (h) Rule of construction \nNothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.", "id": "ida36c35f0079d4f158936ba490c704a79", "header": "National Biodefense Analysis and Countermeasures Center", "nested": [ { "text": "(a) In general \nThe Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2), which shall be the lead Federal facility dedicated to defending the United States against biological threats by— (1) understanding the risks posed by intentional, accidental, and natural biological events; and (2) providing the operational capabilities to support the investigation, prosecution, and prevention of biocrimes and bioterrorism.", "id": "id1eb69bf218d74f53870368c3d16e0238", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Laboratory described \nThe laboratory described in this subsection may be a federally funded research and development center— (1) known, as of the date of enactment of this section, as the National Biodefense Analysis and Countermeasures Center; (2) that may include— (A) the National Bioforensic Analysis Center, which conducts technical analyses in support of Federal law enforcement investigations; and (B) the National Biological Threat Characterization Center, which conducts experiments and studies to better understand biological vulnerabilities and hazards; and (3) transferred to the Department pursuant to subparagraphs (A), (D), and (F) of section 303(1) and section 303(2).", "id": "idd5c5dacfd16240aab5bc76a30e8d2074", "header": "Laboratory described", "nested": [], "links": [] }, { "text": "(c) Laboratory activities \nThe National Biodefense Analysis and Countermeasures Center shall— (1) conduct studies and experiments to better understand current and future biological threats and hazards and pandemics; (2) provide the scientific data required to assess vulnerabilities, conduct risk assessments, and determine potential impacts to guide the development of countermeasures; (3) conduct and facilitate the technical forensic analysis and interpretation of materials recovered following a biological attack, or in other law enforcement investigations requiring evaluation of biological materials, in support of the appropriate lead Federal agency; (4) coordinate with other national laboratories to enhance research capabilities, share lessons learned, and provide training more efficiently; (5) collaborate with the Homeland Security Enterprise, as defined in section 2200, to plan and conduct research to address gaps and needs in biodefense; and (6) carry out other such activities as the Secretary determines appropriate.", "id": "idf76e1833b7014d58b4b60b0c5a321042", "header": "Laboratory activities", "nested": [], "links": [] }, { "text": "(d) Work for Others \nThe National Biodefense Analysis and Countermeasures Center shall engage in a continuously operating Work for Others program to make the unique biocontainment and bioforensic capabilities of the National Biodefense Analysis and Countermeasures Center available to other Federal agencies.", "id": "id883a244e1f544733a0db1469dc268e91", "header": "Work for Others", "nested": [], "links": [] }, { "text": "(e) Facility repair and routine equipment replacement \nThe National Biodefense Analysis and Countermeasures Center shall— (1) perform regularly scheduled and required maintenance of laboratory infrastructure; and (2) procure mission-critical equipment and capability upgrades.", "id": "id1257c5e822e7457fbac5a27b0e2f211f", "header": "Facility repair and routine equipment replacement", "nested": [], "links": [] }, { "text": "(f) Facility mission needs assessment \n(1) In general \nTo address capacity concerns and accommodate future mission needs and advanced capabilities, the Under Secretary for Science and Technology shall conduct a mission needs assessment, to include scoping for potential future needs or expansion, of the National Biodefense Analysis and Countermeasures Center. (2) Submission \nNot later than 120 days after the date of enactment of this section, the Under Secretary for Science and Technology shall provide the assessment conducted under paragraph (1) to— (A) the Committee on Homeland Security and Governmental Affairs and the Subcommittee on Homeland Security Appropriations of the Committee on Appropriations of the Senate; and (B) the Committee on Homeland Security and the Subcommittee on Homeland Security Appropriations of the Committee on Appropriations of the House of Representatives.", "id": "id05b154bc97c241d6ac13f9978175bcaa", "header": "Facility mission needs assessment", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to support the activities of the laboratory designated under this section.", "id": "id4e229cb1e13c4bda8011f405bcc0f5a9", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(h) Rule of construction \nNothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.", "id": "ide49175e94cf74c69bbd32c3832edd0ad", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] } ]

[ "Advanced technology and technological innovations", "Chemical and biological weapons", "Computer security and identity theft", "Computers and information technology", "Department of Homeland Security", "Emergency planning and evacuation", "Executive agency funding and structure", "First responders and emergency personnel", "Homeland security", "Internet, web applications, social media", "Research administration and funding", "Research and development", "Technology assessment", "Terrorism" ]

[ { "text": "1. Short title \nThis Act may be cited as the Congressional Oversight to Secure Transparency of Relocations Act or the COST of Relocations Act.", "id": "H5B479DD8F6C444F7AB95990DF1FD2EE8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Benefit-cost analysis on certain relocations \n(a) In general \nExcept as provided in subsection (d), a Federal agency may not carry out a covered relocation unless, prior to any submission to the Office of Management and Budget or other reviewing entity relating to such covered relocation— (1) the Federal agency— (A) conducts a benefit-cost analysis on the covered relocation; and (B) submits to the Inspector General of the Federal agency a report on the findings of the benefit-cost analysis and includes in the report such other information the Inspector General determines necessary for compliance with subsection (c); and (2) the Inspector General of the Federal agency reviews the report submitted pursuant to paragraph (1) and submits to Congress the report described in subsection (c). (b) Benefit-Cost analysis \n(1) In general \nThe benefit-cost analysis described in subsection (a)(1)(A) shall be conducted in a manner consistent with the economic and social science principles articulated in the guidance applicable to relocations in the document of the Office of Management and Budget entitled Circular A–4 , as in effect on September 17, 2003. (2) Analysis report \n(A) Contents \nEach report submitted by the Inspector General of a Federal agency pursuant to subsection (a)(1)(B) shall include, at a minimum— (i) the anticipated outcomes and improvements that will result from the proposed covered relocation, quantified in monetary or other appropriate measures to the extent practicable; (ii) an explanation of how the proposed covered relocation will result in the anticipated outcomes and improvements; (iii) the metrics for measuring whether the proposed covered relocation results in the anticipated outcomes and improvements; (iv) a detailed employee engagement plan; (v) a list of stakeholders; (vi) a timeline of past and future engagements with stakeholders regarding the proposed covered relocation; (vii) an assessment of how the proposed covered relocation may affect stakeholders— (I) served by the positions affected by the proposed covered relocation; and (II) in the destination agency or region; (viii) a comprehensive strategy for accomplishing the proposed covered relocation that includes— (I) staffing, resourcing, and financial needs; (II) an implementation timeline identifying milestones and the persons accountable for meeting such milestones; (III) a risk assessment; (IV) a risk mitigation plan; and (V) a diversity management strategy including— (aa) a strategy for sustaining diversity and inclusion; and (bb) documentation of ongoing succession and recruiting planning processes; (ix) an analysis of the effect the proposed covered relocation may have on the ability of the Federal agency to carry out the mission of the Federal agency during the covered relocation and thereafter; and (x) an assessment of the short- and long-term effects of the proposed covered relocation on the mission of the Federal agency. (B) Publication \nA Federal agency shall make publicly available each report submitted by the Inspector General of a Federal agency pursuant to subsection (a)(1)(B) in a form that excludes any proprietary information or trade secrets of any person and other confidential information. (c) Inspector General report to Congress \n(1) In general \nNot later than 90 days after the date on which the Inspector General of a Federal agency submits a report under subsection (a)(1)(B), the Inspector General of that agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Environment and Public Works of the Senate , the Committee on Oversight and Accountability of the House of Representatives , and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review conducted under subsection (a)(1), including— (A) detailed descriptions of the data used in the benefit-cost analysis carried out pursuant to subsection (a)(1), including the types of data and the time periods covered by the data; (B) the conclusions of the benefit-cost analysis and the analysis underlying such conclusions; and (C) a comprehensive assessment of— (i) the extent to which the Federal agency adhered to the guidance in the document of the Office of Management and Budget entitled Circular A–4 , as in effect on September 17, 2003, in conducting the benefit-cost analysis, including a determination as to whether such adherence is sufficient to justify the use of Federal funds for the proposed covered relocation involved; and (ii) if the proposed covered relocation involves moving positions from inside the National Capital Region to outside the National Capital Region, the extent to which real estate options in the National Capital Region were compared to those in the destination as part of that analysis. (2) Exclusions \n(A) In general \nThe Inspector General of a Federal agency shall exclude from any report described in this subsection any proprietary information or trade secrets of any person and other confidential information. (B) Explanation and description required \nFor each exclusion under subparagraph (A), the Inspector General of the Federal agency shall include an explanation of the reason for the exclusion and a description of the information excluded in an appropriate location in the relevant report. (d) Other requirements not abrogated \nNothing in this Act shall be construed to abrogate, reduce, or eliminate any requirements imposed by law pertaining to any covered relocation of a Federal agency or component of a Federal agency. (e) Definitions \nIn this Act: (1) Administrative redelegation of function \nThe term administrative redelegation of function means a Federal agency establishing new positions within the agency that replace existing positions within the Federal agency and perform the functions of the positions replaced. (2) Covered relocation \nThe term covered relocation means— (A) an administrative redelegation of function which, by itself or in conjunction with other related redelegations, involves replacing the existing positions of more than the lesser of 5 percent or 100 of the employees of the relevant Federal agency with new positions located outside the commuting area of such employees; (B) moving a Federal agency or any component of a Federal agency if such move, by itself or in conjunction with other related moves, involves moving the positions of more than the lesser of 5 percent or 100 of the employees of the Federal agency outside the commuting area of such employees or under the jurisdiction of another Federal agency; or (C) a combination of related redelegations and moves that together involve the positions of more than the lesser of 5 percent or 100 of the employees of the relevant Federal agency being moved to or replaced with new positions located outside the commuting area of such employees or moved under the jurisdiction of another Federal agency. (3) Employee \nThe term employee means an employee or officer of a Federal agency. (4) Federal agency \nThe term Federal agency has the meaning given the term agency in section 902 of title 5, United States Code. (5) National Capital Region \nThe term National Capital Region has the meaning given the term in section 8702 of title 40, United States Code.", "id": "H83D0258BC6B246459DBCC5A71E639D57", "header": "Benefit-cost analysis on certain relocations", "nested": [ { "text": "(a) In general \nExcept as provided in subsection (d), a Federal agency may not carry out a covered relocation unless, prior to any submission to the Office of Management and Budget or other reviewing entity relating to such covered relocation— (1) the Federal agency— (A) conducts a benefit-cost analysis on the covered relocation; and (B) submits to the Inspector General of the Federal agency a report on the findings of the benefit-cost analysis and includes in the report such other information the Inspector General determines necessary for compliance with subsection (c); and (2) the Inspector General of the Federal agency reviews the report submitted pursuant to paragraph (1) and submits to Congress the report described in subsection (c).", "id": "H8FA5E3DEF52745348970096FC9EAFC0C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Benefit-Cost analysis \n(1) In general \nThe benefit-cost analysis described in subsection (a)(1)(A) shall be conducted in a manner consistent with the economic and social science principles articulated in the guidance applicable to relocations in the document of the Office of Management and Budget entitled Circular A–4 , as in effect on September 17, 2003. (2) Analysis report \n(A) Contents \nEach report submitted by the Inspector General of a Federal agency pursuant to subsection (a)(1)(B) shall include, at a minimum— (i) the anticipated outcomes and improvements that will result from the proposed covered relocation, quantified in monetary or other appropriate measures to the extent practicable; (ii) an explanation of how the proposed covered relocation will result in the anticipated outcomes and improvements; (iii) the metrics for measuring whether the proposed covered relocation results in the anticipated outcomes and improvements; (iv) a detailed employee engagement plan; (v) a list of stakeholders; (vi) a timeline of past and future engagements with stakeholders regarding the proposed covered relocation; (vii) an assessment of how the proposed covered relocation may affect stakeholders— (I) served by the positions affected by the proposed covered relocation; and (II) in the destination agency or region; (viii) a comprehensive strategy for accomplishing the proposed covered relocation that includes— (I) staffing, resourcing, and financial needs; (II) an implementation timeline identifying milestones and the persons accountable for meeting such milestones; (III) a risk assessment; (IV) a risk mitigation plan; and (V) a diversity management strategy including— (aa) a strategy for sustaining diversity and inclusion; and (bb) documentation of ongoing succession and recruiting planning processes; (ix) an analysis of the effect the proposed covered relocation may have on the ability of the Federal agency to carry out the mission of the Federal agency during the covered relocation and thereafter; and (x) an assessment of the short- and long-term effects of the proposed covered relocation on the mission of the Federal agency. (B) Publication \nA Federal agency shall make publicly available each report submitted by the Inspector General of a Federal agency pursuant to subsection (a)(1)(B) in a form that excludes any proprietary information or trade secrets of any person and other confidential information.", "id": "HA28B3A67E63E491B9C5C87992FE34433", "header": "Benefit-Cost analysis", "nested": [], "links": [] }, { "text": "(c) Inspector General report to Congress \n(1) In general \nNot later than 90 days after the date on which the Inspector General of a Federal agency submits a report under subsection (a)(1)(B), the Inspector General of that agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Environment and Public Works of the Senate , the Committee on Oversight and Accountability of the House of Representatives , and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review conducted under subsection (a)(1), including— (A) detailed descriptions of the data used in the benefit-cost analysis carried out pursuant to subsection (a)(1), including the types of data and the time periods covered by the data; (B) the conclusions of the benefit-cost analysis and the analysis underlying such conclusions; and (C) a comprehensive assessment of— (i) the extent to which the Federal agency adhered to the guidance in the document of the Office of Management and Budget entitled Circular A–4 , as in effect on September 17, 2003, in conducting the benefit-cost analysis, including a determination as to whether such adherence is sufficient to justify the use of Federal funds for the proposed covered relocation involved; and (ii) if the proposed covered relocation involves moving positions from inside the National Capital Region to outside the National Capital Region, the extent to which real estate options in the National Capital Region were compared to those in the destination as part of that analysis. (2) Exclusions \n(A) In general \nThe Inspector General of a Federal agency shall exclude from any report described in this subsection any proprietary information or trade secrets of any person and other confidential information. (B) Explanation and description required \nFor each exclusion under subparagraph (A), the Inspector General of the Federal agency shall include an explanation of the reason for the exclusion and a description of the information excluded in an appropriate location in the relevant report.", "id": "HD700BEF994CA43B9B4DAA227BDAC5DB9", "header": "Inspector General report to Congress", "nested": [], "links": [] }, { "text": "(d) Other requirements not abrogated \nNothing in this Act shall be construed to abrogate, reduce, or eliminate any requirements imposed by law pertaining to any covered relocation of a Federal agency or component of a Federal agency.", "id": "H69CAD0DDDF6C4A3491471056C435194E", "header": "Other requirements not abrogated", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this Act: (1) Administrative redelegation of function \nThe term administrative redelegation of function means a Federal agency establishing new positions within the agency that replace existing positions within the Federal agency and perform the functions of the positions replaced. (2) Covered relocation \nThe term covered relocation means— (A) an administrative redelegation of function which, by itself or in conjunction with other related redelegations, involves replacing the existing positions of more than the lesser of 5 percent or 100 of the employees of the relevant Federal agency with new positions located outside the commuting area of such employees; (B) moving a Federal agency or any component of a Federal agency if such move, by itself or in conjunction with other related moves, involves moving the positions of more than the lesser of 5 percent or 100 of the employees of the Federal agency outside the commuting area of such employees or under the jurisdiction of another Federal agency; or (C) a combination of related redelegations and moves that together involve the positions of more than the lesser of 5 percent or 100 of the employees of the relevant Federal agency being moved to or replaced with new positions located outside the commuting area of such employees or moved under the jurisdiction of another Federal agency. (3) Employee \nThe term employee means an employee or officer of a Federal agency. (4) Federal agency \nThe term Federal agency has the meaning given the term agency in section 902 of title 5, United States Code. (5) National Capital Region \nThe term National Capital Region has the meaning given the term in section 8702 of title 40, United States Code.", "id": "H577AEC28EB9C49B4BE13386582BE248B", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Administrative law and regulatory procedures", "Congressional oversight", "Executive agency funding and structure", "Government buildings, facilities, and property", "Government employee pay, benefits, personnel management", "Government information and archives", "Government studies and investigations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Grizzly Bear State Management Act of 2023.", "id": "H498FA8C4332F4CA49366B208EE32698C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reissuance of final rule relating to Greater Yellowstone Ecosystem population of grizzly bears \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall reissue the final rule entitled Endangered and Threatened Wildlife and Plants; Removing the Greater Yellowstone Ecosystem Population of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife (82 Fed. Reg. 30502 (June 30, 2017)), without regard to any other provision of law that applies to the issuance of that final rule. (b) No judicial review \nThe reissuance of the final rule described in subsection (a) (including this section) shall not be subject to judicial review.", "id": "H7E695481B5944FD1A50986395E43A2A1", "header": "Reissuance of final rule relating to Greater Yellowstone Ecosystem population of grizzly bears", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall reissue the final rule entitled Endangered and Threatened Wildlife and Plants; Removing the Greater Yellowstone Ecosystem Population of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife (82 Fed. Reg. 30502 (June 30, 2017)), without regard to any other provision of law that applies to the issuance of that final rule.", "id": "id190F064F17794ACF986488B23493BED7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) No judicial review \nThe reissuance of the final rule described in subsection (a) (including this section) shall not be subject to judicial review.", "id": "idCE4A2050198B4B66A99F858A182E4ED8", "header": "No judicial review", "nested": [], "links": [] } ], "links": [] } ]

[ "Administrative law and regulatory procedures", "Department of the Interior", "Endangered and threatened species", "Idaho", "Judicial review and appeals", "Mammals", "Montana", "Wyoming" ]

[ { "text": "1. Short title \nThis Act may be cited as the Disaster Assistance Simplification Act.", "id": "idaa7b553d-cb9a-4f9e-8221-c434fbbb25b4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds the following: (1) The disaster response and recovery framework of the United States relies on a unified, integrated, agile, and adaptable whole-of-community effort by Federal, State, and local disaster assistance agencies, and by voluntary organizations, to respond to any natural and man-made disasters that may strike communities. (2) Federal disaster assistance agencies must be ready to support States, Indian Tribes, communities, and volunteer agencies immediately after unpredictable catastrophic disasters that occur without notice. (3) The immediate sharing of information is essential to an efficient and effective delivery of disaster assistance— (A) when lives and property are at risk; and (B) as communities seek to recover from disasters as quickly as possible. (4) Section 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”), and subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), require multiple layers of review, notice, and publication in the Federal Register before Federal disaster assistance agencies can amend or adapt their information sharing practices. (5) Such extended review processes can have the effect of inhibiting efficiency, innovation, and interoperability among Federal, State, Tribal, territorial, local, private, and volunteer partners in delivering disaster assistance within a whole-of-community disaster assistance effort. (6) Legal, regulatory, and policy limitations on the interagency sharing of information submitted by applicants for disaster assistance may require those applicants to submit separate applications to multiple Federal, State, Tribal, territorial, and local disaster assistance agencies, which increases the burden on those applicants, reduces the efficiency of disaster assistance programs, and places additional costs on taxpayers. (b) Purposes \nThe purposes of this Act are to— (1) streamline the sharing of information among Federal, State, Tribal, territorial, and local disaster assistance agencies; (2) modernize the legal safeguards against the unauthorized disclosure or misuse of information about applicants for disaster assistance; and (3) modernize, streamline, and consolidate the overlapping requirements of section 552a of title 5, United States Code, subchapter I of chapter 35 of title 44, United States Code, and the agency policies that implement those authorities to improve the speed, convenience, efficiency, and effectiveness of disaster relief programs.", "id": "id4c027fdb-60f9-4d1f-b8d4-126c2c255a91", "header": "Findings and purposes", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) The disaster response and recovery framework of the United States relies on a unified, integrated, agile, and adaptable whole-of-community effort by Federal, State, and local disaster assistance agencies, and by voluntary organizations, to respond to any natural and man-made disasters that may strike communities. (2) Federal disaster assistance agencies must be ready to support States, Indian Tribes, communities, and volunteer agencies immediately after unpredictable catastrophic disasters that occur without notice. (3) The immediate sharing of information is essential to an efficient and effective delivery of disaster assistance— (A) when lives and property are at risk; and (B) as communities seek to recover from disasters as quickly as possible. (4) Section 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”), and subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), require multiple layers of review, notice, and publication in the Federal Register before Federal disaster assistance agencies can amend or adapt their information sharing practices. (5) Such extended review processes can have the effect of inhibiting efficiency, innovation, and interoperability among Federal, State, Tribal, territorial, local, private, and volunteer partners in delivering disaster assistance within a whole-of-community disaster assistance effort. (6) Legal, regulatory, and policy limitations on the interagency sharing of information submitted by applicants for disaster assistance may require those applicants to submit separate applications to multiple Federal, State, Tribal, territorial, and local disaster assistance agencies, which increases the burden on those applicants, reduces the efficiency of disaster assistance programs, and places additional costs on taxpayers.", "id": "id900e9569-5c1f-4b01-9cc2-ce00629bc21a", "header": "Findings", "nested": [], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "(b) Purposes \nThe purposes of this Act are to— (1) streamline the sharing of information among Federal, State, Tribal, territorial, and local disaster assistance agencies; (2) modernize the legal safeguards against the unauthorized disclosure or misuse of information about applicants for disaster assistance; and (3) modernize, streamline, and consolidate the overlapping requirements of section 552a of title 5, United States Code, subchapter I of chapter 35 of title 44, United States Code, and the agency policies that implement those authorities to improve the speed, convenience, efficiency, and effectiveness of disaster relief programs.", "id": "idd4cf5ff3-a332-47da-ba8e-6e2f6c766856", "header": "Purposes", "nested": [], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] } ], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "3. Establishment of a unified disaster assistance intake process and system \nThe Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) is amended by adding at the end the following: 707. Establishment of a unified disaster assistance intake process and system \n(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Applicant \nThe term applicant means— (A) an individual, business, or organization that applies for disaster assistance from a disaster assistance program; (B) an individual, business, or organization on behalf of which an individual described in subparagraph (A) applies for disaster assistance from a disaster assistance program; and (C) an individual, business, or organization that seeks assistance as a beneficiary of a State, local government, or Indian tribal government that received assistance under a disaster assistance program. (3) Disaster assistance agency \nThe term disaster assistance agency means— (A) the Federal Emergency Management Agency; and (B) any Federal agency that provides disaster assistance to individuals, businesses, organizations, States, local governments, Indian tribal governments, communities, or organizations that the Administrator certifies as a disaster assistance agency in accordance with subsection (f) to carry out the purposes of a disaster assistance program. (4) Disaster assistance information \nThe term disaster assistance information includes any personal, biographical, demographic, geographical, financial, application decision, or other information that a disaster assistance agency, or a recipient of a Federal block grant from a disaster assistance agency, is authorized to collect, maintain, disclose, or use to— (A) process an application for disaster assistance from a disaster assistance program; or (B) otherwise carry out the purpose of a disaster assistance program. (5) Disaster assistance program \nThe term disaster assistance program means— (A) a program that provides disaster assistance to individuals and households under title IV or V in accordance with sections 408 and 502; or (B) any other assistance program authorized by a Federal statute or funded with Federal appropriations under which a disaster assistance agency awards or distributes disaster assistance to an individual, household, or organization, or provides a Federal block grant for these purposes, that arises from a major disaster or emergency declared under section 401 or 501, respectively, including— (i) disaster assistance; (ii) long-term disaster recovery assistance; (iii) the post-disaster restoration of infrastructure and housing; (iv) post-disaster economic revitalization; (v) a loan authorized under section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ); and (vi) food benefit allotments under section 412 of this Act and section 5(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(h) ). (6) Record \nThe term record has the meaning given the term in section 552a of title 5, United States Code. (b) Unified disaster assistance intake process and system \n(1) In general \nNot later than 360 days after the date of enactment of the Disaster Assistance Simplification Act , the Administrator shall, in consultation with appropriate Federal, State, local, and Indian tribal governments and entities, develop and establish a unified intake process and system for applicants for disaster assistance provided by a disaster assistance agency to— (A) facilitate a consolidated application for any form of disaster assistance provided by a disaster assistance agency when appropriate to support the nature and purposes of the assistance; (B) carry out the purposes of disaster assistance programs swiftly, efficiently, equitably, and in accordance with applicable laws and privacy and data protections; and (C) support the detection, prevention, and investigation of waste, fraud, abuse, or discrimination in the administration of disaster assistance programs. (2) Capabilities of the consolidated application system \nThe unified intake process and system established under paragraph (1) shall— (A) accept applications for disaster assistance programs; (B) allow for applicants to receive status updates on applications for disaster assistance programs; (C) allow for applicants to update disaster assistance information throughout the recovery journeys of those applicants; (D) allow for the distribution of information on additional recovery resources to disaster survivors that may be available in a disaster-stricken jurisdiction, in coordination with appropriate Federal, State, local, and Tribal partners; (E) provide disaster survivors with information and documentation on the applications of those disaster survivors for a disaster assistance program; (F) allow for the distribution of application data to support faster and more effective distribution of Federal disaster assistance, including block grant assistance, for disaster recovery; (G) allow for disaster assistance agencies to communicate directly with disaster survivors; and (H) contain other capabilities determined necessary by the heads of disaster assistance agencies. (3) Updates \nNot later than 30 days after the date on which the Administrator receives a request from a disaster assistance agency to update questions in the consolidated application described in paragraph (1) needed to administer the disaster assistance programs of the disaster assistance agency, the Administrator shall make those updates. (c) Authorities of Administrator \nThe Administrator may— (1) collect, maintain, disclose, and use disaster assistance information, including such information received from any disaster assistance agency, with any other disaster assistance agency for purposes of subsection (b)(1); and (2) subject to subsection (d), authorize the collection, maintenance, disclosure, and use of disaster assistance information collected on or after the date of enactment of the Disaster Assistance Simplification Act by publishing a notice on a public website that— (A) includes a detailed description of— (i) the specific disaster assistance information authorized to be collected, maintained, disclosed, and used; (ii) why the collection, maintenance, disclosure, or use of the disaster assistance information is necessary to carry out the purpose of a disaster assistance program; (iii) how the collection, maintenance, disclosure, and use of disaster assistance information incorporates fair information practices; and (iv) the disaster assistance agencies that will be granted access to the disaster assistance information to carry out the purpose of any disaster assistance program; and (B) provides that the submission of an application through a unified disaster application constitutes prior written consent to disclose disaster assistance information to disaster assistance agencies for the purpose of section 552a(b) of title 5, United States Code. (d) Collection and sharing of records and information \n(1) Effect of publication of notice on public website \nThe publication of a notice by the Administrator on a public website of a revision to the system of records of the unified intake process and system established under subsection (b)(1) prior to any new collection, maintenance, disclosure, or use of records to carry out the purposes of a disaster assistance program with respect to a major disaster or emergency declared by the President under section 401 or 501, respectively, of this Act shall be deemed to satisfy the notice and publication requirements of section 552a(e)(4) of title 5, United States Code, for the entire period of performance for any assistance provided under a disaster assistance program. (2) Paperwork Reduction Act waiver \n(A) In general \nUpon the declaration of a major disaster or emergency pursuant to section 401 or 501, respectively, of this Act, the Administrator may waive the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), with respect to the voluntary collection of information specific to the declared major disaster or emergency needed to carry out the purposes of a disaster assistance program. (B) Duration \nA waiver described in subparagraph (A) shall be in effect for the entire period of performance for any assistance provided under a disaster assistance program with respect to a declared major disaster or emergency. (C) Transparency \nIf the Administrator waives the requirements described in subparagraph (A), the Administrator shall— (i) promptly post on a public website— (I) a brief justification for the waiver; and (II) the agencies and offices to which the waiver shall apply; (ii) update the information posted under clause (i), as applicable; and (iii) comply with the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ) upon the expiration of the period of performance of any assistance provided under a disaster assistance program if the collection of information may be utilized for the purposes of supporting the disaster assistance program in future major disaster or emergency declarations. (D) Effectiveness of waiver \nAny waiver under subparagraph (A) shall take effect on the date on which the Administrator posts information on the internet website as provided for under subparagraph (C). (e) Data security \nThe Administrator shall facilitate the collection of disaster assistance information into a unified application only after— (1) the Administrator certifies that the unified application substantially complies with the data security standards established pursuant to subchapter II of chapter 35 of title 44, United States Code, and any other applicable Federal information security policy; (2) the Secretary of Homeland Security publishes a privacy impact assessment for the unified application that is similar to the privacy assessment conducted under section 208(b)(1)(B) of the E-Government Act of 2002 ( 44 U.S.C. 3501 note); and (3) the Administrator, in consultation with disaster assistance agencies, publishes standard rules of behavior for disaster assistance agencies and personnel granted access to disaster assistance information to protect such information from improper disclosure. (f) Certification of disaster assistance agencies \n(1) In general \nThe Administrator may certify a Federal agency as a disaster assistance agency after posting an agreement between the Administrator and the Federal agency on a public website that contains the detailed terms of the agreement. (2) Contents of agreement \nAn agreement between the Administrator and a Federal agency described in paragraph (1) shall state that the Federal Emergency Management Agency and the Federal agency will— (A) collect, disclose, maintain, and use disaster assistance information in accordance with— (i) this section; and (ii) subject to subsection (i)(2), any existing policies of the Federal Emergency Management Agency and the Federal agency for information protection and use; (B) train any personnel granted access to disaster assistance information on the rules of behavior established by the Administrator under subsection (e)(3); (C) in the event of any unauthorized disclosure of disaster assistance information— (i) not later than 24 hours after discovering the unauthorized disclosure— (I) in the case of an unauthorized disclosure by the Federal agency, notify the Administrator of the disclosure; and (II) in the case of an unauthorized disclosure by the Federal Emergency Management Agency, notify disaster assistance agencies of the disclosure; (ii) cooperate fully with the Administrator and disaster assistance agencies in the investigation and remediation of the disclosure; and (iii) cooperate fully in the prosecution of a person responsible for the disclosure; and (D) assume responsibility for any compensation, civil liability, or other remediation measure awarded by a judgment of a court or agreed upon as a compromise of any potential claim by or on behalf of an applicant, including by obtaining credit monitoring and remediation services, for an improper disclosure of disaster assistance information that is— (i) caused, directly or indirectly, by the acts or omissions of an officer, employee, or contractor of the Federal agency; or (ii) from any electronic system of records that was created or maintained by the Federal agency pursuant to section 552a(e) of title 5, United States Code. (g) Reports \n(1) FEMA \nNot later than 1 year after the date of enactment of this section, and every year thereafter for 2 years, the Administrator, in coordination with the heads of disaster assistance agencies, shall submit to Congress a report on the implementation of this section, including— (A) how disaster assistance agencies are working together to implement the requirements under this section; (B) the effect of this section on disaster survivor burden and the speed and efficiency of delivering disaster assistance; and (C) a description of any other challenges that require further legislative action. (2) GAO \nNot later than 3 years after the date of enactment of this section, the Comptroller General of the United States shall submit to Congress a report on how the implementation of this section has affected the disaster survivor experience, and any recommendations for improvements to the requirements under this section. (h) Briefings \nNot later than 90 days after the date of enactment of this section, and again not later than 180 days after the date of enactment of this section, the Administrator shall brief Congress on— (1) the status of the implementation of the requirements under this section; and (2) how disaster assistance agencies are working together to implement the requirements under this section. (i) Rules of construction \n(1) Inapplicability of matching program provisions \nThe disclosure and use of disaster assistance information subject to the requirements of section 552a of title 5, United States Code, among disaster assistance agencies or with State, local, or Tribal governments carrying out disaster assistance programs shall not— (A) be construed as a matching program for the purpose of section 552a(a)(8) of title 5, United States Code; or (B) be subject to subsection (e)(12), (o), (p)(1)(A)(ii), (q), (r), or (u) of section 552a of title 5, United States Code. (2) Authorities in other laws \nNothing in this section shall be construed to affect the authority of an entity to share disaster assistance information regarding programs funded or facilitated by the entity in accordance with any other law or agency policy. (3) Applying to multiple programs \nNothing in this section shall be construed to require an applicant to apply to more than 1 disaster assistance program.. (4) Program authorization \nNothing in this section shall be construed to authorize a program that is not authorized by law as of the date of enactment of this section..", "id": "id972ec777-53da-416a-8274-61297e9b1cfa", "header": "Establishment of a unified disaster assistance intake process and system", "nested": [], "links": [ { "text": "42 U.S.C. 5121 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/5121" }, { "text": "15 U.S.C. 636(b)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "7 U.S.C. 2014(h)", "legal-doc": "usc", "parsable-cite": "usc/7/2014" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "44 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/44/3501" } ] }, { "text": "707. Establishment of a unified disaster assistance intake process and system \n(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Applicant \nThe term applicant means— (A) an individual, business, or organization that applies for disaster assistance from a disaster assistance program; (B) an individual, business, or organization on behalf of which an individual described in subparagraph (A) applies for disaster assistance from a disaster assistance program; and (C) an individual, business, or organization that seeks assistance as a beneficiary of a State, local government, or Indian tribal government that received assistance under a disaster assistance program. (3) Disaster assistance agency \nThe term disaster assistance agency means— (A) the Federal Emergency Management Agency; and (B) any Federal agency that provides disaster assistance to individuals, businesses, organizations, States, local governments, Indian tribal governments, communities, or organizations that the Administrator certifies as a disaster assistance agency in accordance with subsection (f) to carry out the purposes of a disaster assistance program. (4) Disaster assistance information \nThe term disaster assistance information includes any personal, biographical, demographic, geographical, financial, application decision, or other information that a disaster assistance agency, or a recipient of a Federal block grant from a disaster assistance agency, is authorized to collect, maintain, disclose, or use to— (A) process an application for disaster assistance from a disaster assistance program; or (B) otherwise carry out the purpose of a disaster assistance program. (5) Disaster assistance program \nThe term disaster assistance program means— (A) a program that provides disaster assistance to individuals and households under title IV or V in accordance with sections 408 and 502; or (B) any other assistance program authorized by a Federal statute or funded with Federal appropriations under which a disaster assistance agency awards or distributes disaster assistance to an individual, household, or organization, or provides a Federal block grant for these purposes, that arises from a major disaster or emergency declared under section 401 or 501, respectively, including— (i) disaster assistance; (ii) long-term disaster recovery assistance; (iii) the post-disaster restoration of infrastructure and housing; (iv) post-disaster economic revitalization; (v) a loan authorized under section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ); and (vi) food benefit allotments under section 412 of this Act and section 5(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(h) ). (6) Record \nThe term record has the meaning given the term in section 552a of title 5, United States Code. (b) Unified disaster assistance intake process and system \n(1) In general \nNot later than 360 days after the date of enactment of the Disaster Assistance Simplification Act , the Administrator shall, in consultation with appropriate Federal, State, local, and Indian tribal governments and entities, develop and establish a unified intake process and system for applicants for disaster assistance provided by a disaster assistance agency to— (A) facilitate a consolidated application for any form of disaster assistance provided by a disaster assistance agency when appropriate to support the nature and purposes of the assistance; (B) carry out the purposes of disaster assistance programs swiftly, efficiently, equitably, and in accordance with applicable laws and privacy and data protections; and (C) support the detection, prevention, and investigation of waste, fraud, abuse, or discrimination in the administration of disaster assistance programs. (2) Capabilities of the consolidated application system \nThe unified intake process and system established under paragraph (1) shall— (A) accept applications for disaster assistance programs; (B) allow for applicants to receive status updates on applications for disaster assistance programs; (C) allow for applicants to update disaster assistance information throughout the recovery journeys of those applicants; (D) allow for the distribution of information on additional recovery resources to disaster survivors that may be available in a disaster-stricken jurisdiction, in coordination with appropriate Federal, State, local, and Tribal partners; (E) provide disaster survivors with information and documentation on the applications of those disaster survivors for a disaster assistance program; (F) allow for the distribution of application data to support faster and more effective distribution of Federal disaster assistance, including block grant assistance, for disaster recovery; (G) allow for disaster assistance agencies to communicate directly with disaster survivors; and (H) contain other capabilities determined necessary by the heads of disaster assistance agencies. (3) Updates \nNot later than 30 days after the date on which the Administrator receives a request from a disaster assistance agency to update questions in the consolidated application described in paragraph (1) needed to administer the disaster assistance programs of the disaster assistance agency, the Administrator shall make those updates. (c) Authorities of Administrator \nThe Administrator may— (1) collect, maintain, disclose, and use disaster assistance information, including such information received from any disaster assistance agency, with any other disaster assistance agency for purposes of subsection (b)(1); and (2) subject to subsection (d), authorize the collection, maintenance, disclosure, and use of disaster assistance information collected on or after the date of enactment of the Disaster Assistance Simplification Act by publishing a notice on a public website that— (A) includes a detailed description of— (i) the specific disaster assistance information authorized to be collected, maintained, disclosed, and used; (ii) why the collection, maintenance, disclosure, or use of the disaster assistance information is necessary to carry out the purpose of a disaster assistance program; (iii) how the collection, maintenance, disclosure, and use of disaster assistance information incorporates fair information practices; and (iv) the disaster assistance agencies that will be granted access to the disaster assistance information to carry out the purpose of any disaster assistance program; and (B) provides that the submission of an application through a unified disaster application constitutes prior written consent to disclose disaster assistance information to disaster assistance agencies for the purpose of section 552a(b) of title 5, United States Code. (d) Collection and sharing of records and information \n(1) Effect of publication of notice on public website \nThe publication of a notice by the Administrator on a public website of a revision to the system of records of the unified intake process and system established under subsection (b)(1) prior to any new collection, maintenance, disclosure, or use of records to carry out the purposes of a disaster assistance program with respect to a major disaster or emergency declared by the President under section 401 or 501, respectively, of this Act shall be deemed to satisfy the notice and publication requirements of section 552a(e)(4) of title 5, United States Code, for the entire period of performance for any assistance provided under a disaster assistance program. (2) Paperwork Reduction Act waiver \n(A) In general \nUpon the declaration of a major disaster or emergency pursuant to section 401 or 501, respectively, of this Act, the Administrator may waive the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), with respect to the voluntary collection of information specific to the declared major disaster or emergency needed to carry out the purposes of a disaster assistance program. (B) Duration \nA waiver described in subparagraph (A) shall be in effect for the entire period of performance for any assistance provided under a disaster assistance program with respect to a declared major disaster or emergency. (C) Transparency \nIf the Administrator waives the requirements described in subparagraph (A), the Administrator shall— (i) promptly post on a public website— (I) a brief justification for the waiver; and (II) the agencies and offices to which the waiver shall apply; (ii) update the information posted under clause (i), as applicable; and (iii) comply with the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ) upon the expiration of the period of performance of any assistance provided under a disaster assistance program if the collection of information may be utilized for the purposes of supporting the disaster assistance program in future major disaster or emergency declarations. (D) Effectiveness of waiver \nAny waiver under subparagraph (A) shall take effect on the date on which the Administrator posts information on the internet website as provided for under subparagraph (C). (e) Data security \nThe Administrator shall facilitate the collection of disaster assistance information into a unified application only after— (1) the Administrator certifies that the unified application substantially complies with the data security standards established pursuant to subchapter II of chapter 35 of title 44, United States Code, and any other applicable Federal information security policy; (2) the Secretary of Homeland Security publishes a privacy impact assessment for the unified application that is similar to the privacy assessment conducted under section 208(b)(1)(B) of the E-Government Act of 2002 ( 44 U.S.C. 3501 note); and (3) the Administrator, in consultation with disaster assistance agencies, publishes standard rules of behavior for disaster assistance agencies and personnel granted access to disaster assistance information to protect such information from improper disclosure. (f) Certification of disaster assistance agencies \n(1) In general \nThe Administrator may certify a Federal agency as a disaster assistance agency after posting an agreement between the Administrator and the Federal agency on a public website that contains the detailed terms of the agreement. (2) Contents of agreement \nAn agreement between the Administrator and a Federal agency described in paragraph (1) shall state that the Federal Emergency Management Agency and the Federal agency will— (A) collect, disclose, maintain, and use disaster assistance information in accordance with— (i) this section; and (ii) subject to subsection (i)(2), any existing policies of the Federal Emergency Management Agency and the Federal agency for information protection and use; (B) train any personnel granted access to disaster assistance information on the rules of behavior established by the Administrator under subsection (e)(3); (C) in the event of any unauthorized disclosure of disaster assistance information— (i) not later than 24 hours after discovering the unauthorized disclosure— (I) in the case of an unauthorized disclosure by the Federal agency, notify the Administrator of the disclosure; and (II) in the case of an unauthorized disclosure by the Federal Emergency Management Agency, notify disaster assistance agencies of the disclosure; (ii) cooperate fully with the Administrator and disaster assistance agencies in the investigation and remediation of the disclosure; and (iii) cooperate fully in the prosecution of a person responsible for the disclosure; and (D) assume responsibility for any compensation, civil liability, or other remediation measure awarded by a judgment of a court or agreed upon as a compromise of any potential claim by or on behalf of an applicant, including by obtaining credit monitoring and remediation services, for an improper disclosure of disaster assistance information that is— (i) caused, directly or indirectly, by the acts or omissions of an officer, employee, or contractor of the Federal agency; or (ii) from any electronic system of records that was created or maintained by the Federal agency pursuant to section 552a(e) of title 5, United States Code. (g) Reports \n(1) FEMA \nNot later than 1 year after the date of enactment of this section, and every year thereafter for 2 years, the Administrator, in coordination with the heads of disaster assistance agencies, shall submit to Congress a report on the implementation of this section, including— (A) how disaster assistance agencies are working together to implement the requirements under this section; (B) the effect of this section on disaster survivor burden and the speed and efficiency of delivering disaster assistance; and (C) a description of any other challenges that require further legislative action. (2) GAO \nNot later than 3 years after the date of enactment of this section, the Comptroller General of the United States shall submit to Congress a report on how the implementation of this section has affected the disaster survivor experience, and any recommendations for improvements to the requirements under this section. (h) Briefings \nNot later than 90 days after the date of enactment of this section, and again not later than 180 days after the date of enactment of this section, the Administrator shall brief Congress on— (1) the status of the implementation of the requirements under this section; and (2) how disaster assistance agencies are working together to implement the requirements under this section. (i) Rules of construction \n(1) Inapplicability of matching program provisions \nThe disclosure and use of disaster assistance information subject to the requirements of section 552a of title 5, United States Code, among disaster assistance agencies or with State, local, or Tribal governments carrying out disaster assistance programs shall not— (A) be construed as a matching program for the purpose of section 552a(a)(8) of title 5, United States Code; or (B) be subject to subsection (e)(12), (o), (p)(1)(A)(ii), (q), (r), or (u) of section 552a of title 5, United States Code. (2) Authorities in other laws \nNothing in this section shall be construed to affect the authority of an entity to share disaster assistance information regarding programs funded or facilitated by the entity in accordance with any other law or agency policy. (3) Applying to multiple programs \nNothing in this section shall be construed to require an applicant to apply to more than 1 disaster assistance program.", "id": "id60d799a4-f2c6-4215-a09a-8fbcb6e66c9f", "header": "Establishment of a unified disaster assistance intake process and system", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Applicant \nThe term applicant means— (A) an individual, business, or organization that applies for disaster assistance from a disaster assistance program; (B) an individual, business, or organization on behalf of which an individual described in subparagraph (A) applies for disaster assistance from a disaster assistance program; and (C) an individual, business, or organization that seeks assistance as a beneficiary of a State, local government, or Indian tribal government that received assistance under a disaster assistance program. (3) Disaster assistance agency \nThe term disaster assistance agency means— (A) the Federal Emergency Management Agency; and (B) any Federal agency that provides disaster assistance to individuals, businesses, organizations, States, local governments, Indian tribal governments, communities, or organizations that the Administrator certifies as a disaster assistance agency in accordance with subsection (f) to carry out the purposes of a disaster assistance program. (4) Disaster assistance information \nThe term disaster assistance information includes any personal, biographical, demographic, geographical, financial, application decision, or other information that a disaster assistance agency, or a recipient of a Federal block grant from a disaster assistance agency, is authorized to collect, maintain, disclose, or use to— (A) process an application for disaster assistance from a disaster assistance program; or (B) otherwise carry out the purpose of a disaster assistance program. (5) Disaster assistance program \nThe term disaster assistance program means— (A) a program that provides disaster assistance to individuals and households under title IV or V in accordance with sections 408 and 502; or (B) any other assistance program authorized by a Federal statute or funded with Federal appropriations under which a disaster assistance agency awards or distributes disaster assistance to an individual, household, or organization, or provides a Federal block grant for these purposes, that arises from a major disaster or emergency declared under section 401 or 501, respectively, including— (i) disaster assistance; (ii) long-term disaster recovery assistance; (iii) the post-disaster restoration of infrastructure and housing; (iv) post-disaster economic revitalization; (v) a loan authorized under section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ); and (vi) food benefit allotments under section 412 of this Act and section 5(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(h) ). (6) Record \nThe term record has the meaning given the term in section 552a of title 5, United States Code.", "id": "id0fe4b70b-431f-4524-a3f0-98df55d96938", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 636(b)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "7 U.S.C. 2014(h)", "legal-doc": "usc", "parsable-cite": "usc/7/2014" } ] }, { "text": "(b) Unified disaster assistance intake process and system \n(1) In general \nNot later than 360 days after the date of enactment of the Disaster Assistance Simplification Act , the Administrator shall, in consultation with appropriate Federal, State, local, and Indian tribal governments and entities, develop and establish a unified intake process and system for applicants for disaster assistance provided by a disaster assistance agency to— (A) facilitate a consolidated application for any form of disaster assistance provided by a disaster assistance agency when appropriate to support the nature and purposes of the assistance; (B) carry out the purposes of disaster assistance programs swiftly, efficiently, equitably, and in accordance with applicable laws and privacy and data protections; and (C) support the detection, prevention, and investigation of waste, fraud, abuse, or discrimination in the administration of disaster assistance programs. (2) Capabilities of the consolidated application system \nThe unified intake process and system established under paragraph (1) shall— (A) accept applications for disaster assistance programs; (B) allow for applicants to receive status updates on applications for disaster assistance programs; (C) allow for applicants to update disaster assistance information throughout the recovery journeys of those applicants; (D) allow for the distribution of information on additional recovery resources to disaster survivors that may be available in a disaster-stricken jurisdiction, in coordination with appropriate Federal, State, local, and Tribal partners; (E) provide disaster survivors with information and documentation on the applications of those disaster survivors for a disaster assistance program; (F) allow for the distribution of application data to support faster and more effective distribution of Federal disaster assistance, including block grant assistance, for disaster recovery; (G) allow for disaster assistance agencies to communicate directly with disaster survivors; and (H) contain other capabilities determined necessary by the heads of disaster assistance agencies. (3) Updates \nNot later than 30 days after the date on which the Administrator receives a request from a disaster assistance agency to update questions in the consolidated application described in paragraph (1) needed to administer the disaster assistance programs of the disaster assistance agency, the Administrator shall make those updates.", "id": "id5480f001-effe-400d-9be2-3f8ec301729c", "header": "Unified disaster assistance intake process and system", "nested": [], "links": [] }, { "text": "(c) Authorities of Administrator \nThe Administrator may— (1) collect, maintain, disclose, and use disaster assistance information, including such information received from any disaster assistance agency, with any other disaster assistance agency for purposes of subsection (b)(1); and (2) subject to subsection (d), authorize the collection, maintenance, disclosure, and use of disaster assistance information collected on or after the date of enactment of the Disaster Assistance Simplification Act by publishing a notice on a public website that— (A) includes a detailed description of— (i) the specific disaster assistance information authorized to be collected, maintained, disclosed, and used; (ii) why the collection, maintenance, disclosure, or use of the disaster assistance information is necessary to carry out the purpose of a disaster assistance program; (iii) how the collection, maintenance, disclosure, and use of disaster assistance information incorporates fair information practices; and (iv) the disaster assistance agencies that will be granted access to the disaster assistance information to carry out the purpose of any disaster assistance program; and (B) provides that the submission of an application through a unified disaster application constitutes prior written consent to disclose disaster assistance information to disaster assistance agencies for the purpose of section 552a(b) of title 5, United States Code.", "id": "id4b7aebfd-3d83-432f-8f3c-d6ab31d78290", "header": "Authorities of Administrator", "nested": [], "links": [] }, { "text": "(d) Collection and sharing of records and information \n(1) Effect of publication of notice on public website \nThe publication of a notice by the Administrator on a public website of a revision to the system of records of the unified intake process and system established under subsection (b)(1) prior to any new collection, maintenance, disclosure, or use of records to carry out the purposes of a disaster assistance program with respect to a major disaster or emergency declared by the President under section 401 or 501, respectively, of this Act shall be deemed to satisfy the notice and publication requirements of section 552a(e)(4) of title 5, United States Code, for the entire period of performance for any assistance provided under a disaster assistance program. (2) Paperwork Reduction Act waiver \n(A) In general \nUpon the declaration of a major disaster or emergency pursuant to section 401 or 501, respectively, of this Act, the Administrator may waive the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), with respect to the voluntary collection of information specific to the declared major disaster or emergency needed to carry out the purposes of a disaster assistance program. (B) Duration \nA waiver described in subparagraph (A) shall be in effect for the entire period of performance for any assistance provided under a disaster assistance program with respect to a declared major disaster or emergency. (C) Transparency \nIf the Administrator waives the requirements described in subparagraph (A), the Administrator shall— (i) promptly post on a public website— (I) a brief justification for the waiver; and (II) the agencies and offices to which the waiver shall apply; (ii) update the information posted under clause (i), as applicable; and (iii) comply with the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ) upon the expiration of the period of performance of any assistance provided under a disaster assistance program if the collection of information may be utilized for the purposes of supporting the disaster assistance program in future major disaster or emergency declarations. (D) Effectiveness of waiver \nAny waiver under subparagraph (A) shall take effect on the date on which the Administrator posts information on the internet website as provided for under subparagraph (C).", "id": "idd148e2ff-adbe-48aa-8eaa-038c87336c8b", "header": "Collection and sharing of records and information", "nested": [], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "(e) Data security \nThe Administrator shall facilitate the collection of disaster assistance information into a unified application only after— (1) the Administrator certifies that the unified application substantially complies with the data security standards established pursuant to subchapter II of chapter 35 of title 44, United States Code, and any other applicable Federal information security policy; (2) the Secretary of Homeland Security publishes a privacy impact assessment for the unified application that is similar to the privacy assessment conducted under section 208(b)(1)(B) of the E-Government Act of 2002 ( 44 U.S.C. 3501 note); and (3) the Administrator, in consultation with disaster assistance agencies, publishes standard rules of behavior for disaster assistance agencies and personnel granted access to disaster assistance information to protect such information from improper disclosure.", "id": "id7d48405b-2556-4349-a194-26e0a927c05b", "header": "Data security", "nested": [], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "44 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/44/3501" } ] }, { "text": "(f) Certification of disaster assistance agencies \n(1) In general \nThe Administrator may certify a Federal agency as a disaster assistance agency after posting an agreement between the Administrator and the Federal agency on a public website that contains the detailed terms of the agreement. (2) Contents of agreement \nAn agreement between the Administrator and a Federal agency described in paragraph (1) shall state that the Federal Emergency Management Agency and the Federal agency will— (A) collect, disclose, maintain, and use disaster assistance information in accordance with— (i) this section; and (ii) subject to subsection (i)(2), any existing policies of the Federal Emergency Management Agency and the Federal agency for information protection and use; (B) train any personnel granted access to disaster assistance information on the rules of behavior established by the Administrator under subsection (e)(3); (C) in the event of any unauthorized disclosure of disaster assistance information— (i) not later than 24 hours after discovering the unauthorized disclosure— (I) in the case of an unauthorized disclosure by the Federal agency, notify the Administrator of the disclosure; and (II) in the case of an unauthorized disclosure by the Federal Emergency Management Agency, notify disaster assistance agencies of the disclosure; (ii) cooperate fully with the Administrator and disaster assistance agencies in the investigation and remediation of the disclosure; and (iii) cooperate fully in the prosecution of a person responsible for the disclosure; and (D) assume responsibility for any compensation, civil liability, or other remediation measure awarded by a judgment of a court or agreed upon as a compromise of any potential claim by or on behalf of an applicant, including by obtaining credit monitoring and remediation services, for an improper disclosure of disaster assistance information that is— (i) caused, directly or indirectly, by the acts or omissions of an officer, employee, or contractor of the Federal agency; or (ii) from any electronic system of records that was created or maintained by the Federal agency pursuant to section 552a(e) of title 5, United States Code.", "id": "id939295c2-74e0-4429-b273-18485eae61fb", "header": "Certification of disaster assistance agencies", "nested": [], "links": [] }, { "text": "(g) Reports \n(1) FEMA \nNot later than 1 year after the date of enactment of this section, and every year thereafter for 2 years, the Administrator, in coordination with the heads of disaster assistance agencies, shall submit to Congress a report on the implementation of this section, including— (A) how disaster assistance agencies are working together to implement the requirements under this section; (B) the effect of this section on disaster survivor burden and the speed and efficiency of delivering disaster assistance; and (C) a description of any other challenges that require further legislative action. (2) GAO \nNot later than 3 years after the date of enactment of this section, the Comptroller General of the United States shall submit to Congress a report on how the implementation of this section has affected the disaster survivor experience, and any recommendations for improvements to the requirements under this section.", "id": "idd6edfdf4154549c58258d3bdda94060a", "header": "Reports", "nested": [], "links": [] }, { "text": "(h) Briefings \nNot later than 90 days after the date of enactment of this section, and again not later than 180 days after the date of enactment of this section, the Administrator shall brief Congress on— (1) the status of the implementation of the requirements under this section; and (2) how disaster assistance agencies are working together to implement the requirements under this section.", "id": "id4578ebb1c3e847e0aa821557e51b5f83", "header": "Briefings", "nested": [], "links": [] }, { "text": "(i) Rules of construction \n(1) Inapplicability of matching program provisions \nThe disclosure and use of disaster assistance information subject to the requirements of section 552a of title 5, United States Code, among disaster assistance agencies or with State, local, or Tribal governments carrying out disaster assistance programs shall not— (A) be construed as a matching program for the purpose of section 552a(a)(8) of title 5, United States Code; or (B) be subject to subsection (e)(12), (o), (p)(1)(A)(ii), (q), (r), or (u) of section 552a of title 5, United States Code. (2) Authorities in other laws \nNothing in this section shall be construed to affect the authority of an entity to share disaster assistance information regarding programs funded or facilitated by the entity in accordance with any other law or agency policy. (3) Applying to multiple programs \nNothing in this section shall be construed to require an applicant to apply to more than 1 disaster assistance program.", "id": "id0bc03045-77f9-4c47-8f8a-c803c9489646", "header": "Rules of construction", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 636(b)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "7 U.S.C. 2014(h)", "legal-doc": "usc", "parsable-cite": "usc/7/2014" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "44 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/44/3501" } ] } ]

[ "Computer security and identity theft", "Computers and information technology", "Congressional oversight", "Crime prevention", "Disaster relief and insurance", "Emergency communications systems", "Emergency planning and evacuation", "First responders and emergency personnel", "Fraud offenses and financial crimes", "Government information and archives", "Government studies and investigations", "Intergovernmental relations", "Internet, web applications, social media", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Bolts Ditch Act.", "id": "id858d550118c74bd59b306b788a71c461", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Additional entities authorized to maintain Bolts Ditch and the Bolts Ditch Headgate \nSection 1101(a) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( Public Law 116–9 ; 133 Stat. 604) is amended by inserting before the period at the end the following: , the Eagle River Water and Sanitation District, a Colorado Special District, or the Upper Eagle Regional Water Authority, an authority organized under the laws of the State of Colorado.", "id": "id165feaa245bd4372a651f7a6a10ed2e4", "header": "Additional entities authorized to maintain Bolts Ditch and the Bolts Ditch Headgate", "nested": [], "links": [ { "text": "Public Law 116–9", "legal-doc": "public-law", "parsable-cite": "pl/116/9" } ] } ]

[ "Colorado", "Lakes and rivers", "Water storage", "Water use and supply" ]

[ { "text": "1. Short title \nThis Act may be cited as the Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act of 2023.", "id": "id7BDFCF93DBD44272BC757BBDC90E0C2B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Authorization of payment of adjusted interest on Development Fund \nSection 10807(b)(3) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1409) is amended— (1) by striking There is and inserting the following: (A) In general \nThere is ; and (2) by adding at the end the following: (B) Adjusted interest payments \nThere is authorized to be appropriated to the Secretary for deposit into the Development Fund $5,124,902.12..", "id": "id4721966A5D0741CA8AFFD5C311EB622E", "header": "Authorization of payment of adjusted interest on Development Fund", "nested": [], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] } ]

[ "Federal-Indian relations", "Government trust funds", "Idaho", "Indian claims", "Indian lands and resources rights", "Interest, dividends, interest rates", "Nevada", "Water use and supply" ]

[ { "text": "1. Short title \nThis Act may be cited as the Duck Stamp Modernization Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Authorizing fully electronic stamps \n(a) In general \nSection 5 of the Permanent Electronic Duck Stamp Act of 2013 ( 16 U.S.C. 718r ) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking actual stamp and inserting electronic stamp ; (B) in the matter preceding paragraph (1), by striking an actual stamp and inserting the electronic stamp ; and (C) by striking paragraph (1) and inserting the following: (1) on the date of purchase of the electronic stamp; and ; (2) in subsection (c), by striking actual stamps and inserting actual stamps under subsection (e) ; (3) by redesignating subsection (e) as subsection (f); and (4) by inserting after subsection (d) the following: (e) Delivery of actual stamps \nThe Secretary shall issue an actual stamp after March 10 of each year to each individual that purchased an electronic stamp for the preceding waterfowl season.. (b) Contents of electronic stamp \nSection 2 of the Permanent Electronic Duck Stamp Act of 2013 ( 16 U.S.C. 718o ) is amended— (1) in paragraph (1), by striking Federal and all that follows through that is printed and inserting Migratory Bird Hunting and Conservation Stamp required under the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718a et seq. ) that is printed ; and (2) in paragraph (3)— (A) in subparagraph (D), by striking and at the end; (B) in subparagraph (E), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (F) may contain an image of the actual stamp.. (c) Stamp valid through close of hunting season \nSection 6 of the Permanent Electronic Duck Stamp Act of 2013 ( 16 U.S.C. 718s ) is amended— (1) in subsection (b), in the matter preceding paragraph (1), by striking shall, during the effective period of the electronic stamp— and inserting shall— ; and (2) in subsection (c), by striking for a period agreed to by the State and the Secretary, which shall not exceed 45 days and inserting through the first June 30 that occurs after the date of issuance of the electronic stamp by the State. (d) Electronic stamps as permit \nSection 1(a)(1) of the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718a(a)(1) ) is amended— (1) by inserting as an electronic stamp (as defined in section 2 of the Permanent Electronic Duck Stamp Act of 2013 ( 16 U.S.C. 718o )) or after Conservation Stamp, ; and (2) by striking face of the stamp and inserting face of the actual stamp (as defined in that section).", "id": "id6962267313574f2a8ba78c0d58d4ad89", "header": "Authorizing fully electronic stamps", "nested": [ { "text": "(a) In general \nSection 5 of the Permanent Electronic Duck Stamp Act of 2013 ( 16 U.S.C. 718r ) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking actual stamp and inserting electronic stamp ; (B) in the matter preceding paragraph (1), by striking an actual stamp and inserting the electronic stamp ; and (C) by striking paragraph (1) and inserting the following: (1) on the date of purchase of the electronic stamp; and ; (2) in subsection (c), by striking actual stamps and inserting actual stamps under subsection (e) ; (3) by redesignating subsection (e) as subsection (f); and (4) by inserting after subsection (d) the following: (e) Delivery of actual stamps \nThe Secretary shall issue an actual stamp after March 10 of each year to each individual that purchased an electronic stamp for the preceding waterfowl season..", "id": "H4BAFAF8233D74243B04F6B88628069BA", "header": "In general", "nested": [], "links": [ { "text": "16 U.S.C. 718r", "legal-doc": "usc", "parsable-cite": "usc/16/718r" } ] }, { "text": "(b) Contents of electronic stamp \nSection 2 of the Permanent Electronic Duck Stamp Act of 2013 ( 16 U.S.C. 718o ) is amended— (1) in paragraph (1), by striking Federal and all that follows through that is printed and inserting Migratory Bird Hunting and Conservation Stamp required under the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718a et seq. ) that is printed ; and (2) in paragraph (3)— (A) in subparagraph (D), by striking and at the end; (B) in subparagraph (E), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (F) may contain an image of the actual stamp..", "id": "H86236321D2434E02AE8491F2D25CF934", "header": "Contents of electronic stamp", "nested": [], "links": [ { "text": "16 U.S.C. 718o", "legal-doc": "usc", "parsable-cite": "usc/16/718o" }, { "text": "16 U.S.C. 718a et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/718a" } ] }, { "text": "(c) Stamp valid through close of hunting season \nSection 6 of the Permanent Electronic Duck Stamp Act of 2013 ( 16 U.S.C. 718s ) is amended— (1) in subsection (b), in the matter preceding paragraph (1), by striking shall, during the effective period of the electronic stamp— and inserting shall— ; and (2) in subsection (c), by striking for a period agreed to by the State and the Secretary, which shall not exceed 45 days and inserting through the first June 30 that occurs after the date of issuance of the electronic stamp by the State.", "id": "H61658242060E4F1F904B776E3B55D4AC", "header": "Stamp valid through close of hunting season", "nested": [], "links": [ { "text": "16 U.S.C. 718s", "legal-doc": "usc", "parsable-cite": "usc/16/718s" } ] }, { "text": "(d) Electronic stamps as permit \nSection 1(a)(1) of the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718a(a)(1) ) is amended— (1) by inserting as an electronic stamp (as defined in section 2 of the Permanent Electronic Duck Stamp Act of 2013 ( 16 U.S.C. 718o )) or after Conservation Stamp, ; and (2) by striking face of the stamp and inserting face of the actual stamp (as defined in that section).", "id": "H37E1F3C12F554FDE85D0A5AC381129C4", "header": "Electronic stamps as permit", "nested": [], "links": [ { "text": "16 U.S.C. 718a(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/16/718a" }, { "text": "16 U.S.C. 718o", "legal-doc": "usc", "parsable-cite": "usc/16/718o" } ] } ], "links": [ { "text": "16 U.S.C. 718r", "legal-doc": "usc", "parsable-cite": "usc/16/718r" }, { "text": "16 U.S.C. 718o", "legal-doc": "usc", "parsable-cite": "usc/16/718o" }, { "text": "16 U.S.C. 718a et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/718a" }, { "text": "16 U.S.C. 718s", "legal-doc": "usc", "parsable-cite": "usc/16/718s" }, { "text": "16 U.S.C. 718a(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/16/718a" }, { "text": "16 U.S.C. 718o", "legal-doc": "usc", "parsable-cite": "usc/16/718o" } ] } ]

[ "Birds", "Digital media", "Postal service", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Lumbee Fairness Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Federal recognition \nThe Act of June 7, 1956 (70 Stat. 254, chapter 375), is amended— (1) by striking section 2; (2) in the first sentence of the first section, by striking That the Indians and inserting the following: 3. Designation of Lumbee Indians \nThe Indians ; (3) in the preamble— (A) by inserting before the first undesignated clause the following: 1. Findings \nCongress finds that— ; (B) by designating the undesignated clauses as paragraphs (1) through (4), respectively, and indenting appropriately; (C) by striking Whereas each place it appears; (D) by striking and after the semicolon at the end of each of paragraphs (1) and (2) (as so designated); and (E) in paragraph (4) (as so designated), by striking : Now, therefore, and inserting a period; (4) by moving the enacting clause so as to appear before section 1 (as so designated); (5) by striking the last sentence of section 3 (as designated by paragraph (2)); (6) by inserting before section 3 (as designated by paragraph (2)) the following: 2. Definitions \nIn this Act: (1) Secretary \nThe term Secretary means the Secretary of the Interior. (2) Tribe \nThe term Tribe means the Lumbee Tribe of North Carolina or the Lumbee Indians of North Carolina. ; and (7) by adding at the end the following: 4. Federal recognition \n(a) In general \nFederal recognition is extended to the Tribe (as designated as petitioner number 65 by the Office of Federal Acknowledgment). (b) Applicability of laws \nAll laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Tribe and its members. (c) Petition for acknowledgment \nNotwithstanding section 3, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Tribe (as determined under section 5(d)) may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgment of tribal existence. 5. Eligibility for Federal services \n(a) In general \nThe Tribe and its members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes. (b) Service area \nFor the purpose of the delivery of Federal services and benefits described in subsection (a), those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. (c) Determination of needs \nOn verification by the Secretary of a tribal roll under subsection (d), the Secretary and the Secretary of Health and Human Services shall— (1) develop, in consultation with the Tribe, a determination of needs to provide the services for which members of the Tribe are eligible; and (2) after the tribal roll is verified, each submit to Congress a written statement of those needs. (d) Tribal roll \n(1) In general \nFor purpose of the delivery of Federal services and benefits described in subsection (a), the tribal roll in effect on the date of enactment of this section shall, subject to verification by the Secretary, define the service population of the Tribe. (2) Verification limitation and deadline \nThe verification by the Secretary under paragraph (1) shall— (A) be limited to confirming documentary proof of compliance with the membership criteria set out in the constitution of the Tribe adopted on November 16, 2001; and (B) be completed not later than 2 years after the submission of a digitized roll with supporting documentary proof by the Tribe to the Secretary. 6. Authorization to take land into trust \n(a) In general \nNotwithstanding any other provision of law, the Secretary is hereby authorized to take land into trust for the benefit of the Tribe. (b) Treatment of certain land \nAn application to take into trust land located within Robeson County, North Carolina, under this section shall be treated by the Secretary as an on reservation trust acquisition under part 151 of title 25, Code of Federal Regulations (or a successor regulation). 7. Jurisdiction of State of North Carolina \n(a) In general \nWith respect to land located within the State of North Carolina that is owned by, or held in trust by the United States for the benefit of, the Tribe, or any dependent Indian community of the Tribe, the State of North Carolina shall exercise jurisdiction over— (1) all criminal offenses that are committed; and (2) all civil actions that arise. (b) Transfer of jurisdiction \n(1) In general \nSubject to paragraph (2), the Secretary may accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) over Indian country occupied by the Tribe pursuant to an agreement between the Tribe and the State of North Carolina. (2) Restriction \nA transfer of jurisdiction described in paragraph (1) may not take effect until 2 years after the effective date of the agreement described in that paragraph. (c) Effect \nNothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1919 ). 8. Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this Act..", "id": "idf8d6ba88ed69433184ce12233c59d07f", "header": "Federal recognition", "nested": [], "links": [ { "text": "25 U.S.C. 1919", "legal-doc": "usc", "parsable-cite": "usc/25/1919" } ] }, { "text": "3. Designation of Lumbee Indians \nThe Indians", "id": "H97E7DE86C8FA49F690B980343B234592", "header": "Designation of Lumbee Indians", "nested": [], "links": [] }, { "text": "1. Findings \nCongress finds that—", "id": "idE4E3EE8F01D54F9FBD40AC20A4F10D17", "header": "Findings", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Secretary \nThe term Secretary means the Secretary of the Interior. (2) Tribe \nThe term Tribe means the Lumbee Tribe of North Carolina or the Lumbee Indians of North Carolina.", "id": "H080F7EC466074F79BD36F73B4CBCF1B5", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Federal recognition \n(a) In general \nFederal recognition is extended to the Tribe (as designated as petitioner number 65 by the Office of Federal Acknowledgment). (b) Applicability of laws \nAll laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Tribe and its members. (c) Petition for acknowledgment \nNotwithstanding section 3, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Tribe (as determined under section 5(d)) may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgment of tribal existence.", "id": "H26A8C8BA5C3443EBA16C82C006216123", "header": "Federal recognition", "nested": [ { "text": "(a) In general \nFederal recognition is extended to the Tribe (as designated as petitioner number 65 by the Office of Federal Acknowledgment).", "id": "HF2F15C6A667C461BA720B2DD28A63297", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Applicability of laws \nAll laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Tribe and its members.", "id": "HA8632252196B4610AD9BC9E8C2344461", "header": "Applicability of laws", "nested": [], "links": [] }, { "text": "(c) Petition for acknowledgment \nNotwithstanding section 3, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Tribe (as determined under section 5(d)) may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgment of tribal existence.", "id": "H1A207AEC6F0E449792F311F925ABDD52", "header": "Petition for acknowledgment", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Eligibility for Federal services \n(a) In general \nThe Tribe and its members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes. (b) Service area \nFor the purpose of the delivery of Federal services and benefits described in subsection (a), those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. (c) Determination of needs \nOn verification by the Secretary of a tribal roll under subsection (d), the Secretary and the Secretary of Health and Human Services shall— (1) develop, in consultation with the Tribe, a determination of needs to provide the services for which members of the Tribe are eligible; and (2) after the tribal roll is verified, each submit to Congress a written statement of those needs. (d) Tribal roll \n(1) In general \nFor purpose of the delivery of Federal services and benefits described in subsection (a), the tribal roll in effect on the date of enactment of this section shall, subject to verification by the Secretary, define the service population of the Tribe. (2) Verification limitation and deadline \nThe verification by the Secretary under paragraph (1) shall— (A) be limited to confirming documentary proof of compliance with the membership criteria set out in the constitution of the Tribe adopted on November 16, 2001; and (B) be completed not later than 2 years after the submission of a digitized roll with supporting documentary proof by the Tribe to the Secretary.", "id": "H653059C73AB64935B79CFB6C2316B26D", "header": "Eligibility for Federal services", "nested": [ { "text": "(a) In general \nThe Tribe and its members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes.", "id": "HFDF72FA096F8424AB3093C47A26185A1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Service area \nFor the purpose of the delivery of Federal services and benefits described in subsection (a), those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation.", "id": "H12574018A7C84465B3CA5CFBE964654A", "header": "Service area", "nested": [], "links": [] }, { "text": "(c) Determination of needs \nOn verification by the Secretary of a tribal roll under subsection (d), the Secretary and the Secretary of Health and Human Services shall— (1) develop, in consultation with the Tribe, a determination of needs to provide the services for which members of the Tribe are eligible; and (2) after the tribal roll is verified, each submit to Congress a written statement of those needs.", "id": "HA162839E7EBF45AD8B7D7F60740D19DD", "header": "Determination of needs", "nested": [], "links": [] }, { "text": "(d) Tribal roll \n(1) In general \nFor purpose of the delivery of Federal services and benefits described in subsection (a), the tribal roll in effect on the date of enactment of this section shall, subject to verification by the Secretary, define the service population of the Tribe. (2) Verification limitation and deadline \nThe verification by the Secretary under paragraph (1) shall— (A) be limited to confirming documentary proof of compliance with the membership criteria set out in the constitution of the Tribe adopted on November 16, 2001; and (B) be completed not later than 2 years after the submission of a digitized roll with supporting documentary proof by the Tribe to the Secretary.", "id": "H8B2F9B4C423F449A912AC7AF58CB674E", "header": "Tribal roll", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Authorization to take land into trust \n(a) In general \nNotwithstanding any other provision of law, the Secretary is hereby authorized to take land into trust for the benefit of the Tribe. (b) Treatment of certain land \nAn application to take into trust land located within Robeson County, North Carolina, under this section shall be treated by the Secretary as an on reservation trust acquisition under part 151 of title 25, Code of Federal Regulations (or a successor regulation).", "id": "H98BD3841AF9A4304B8329775908E5B72", "header": "Authorization to take land into trust", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, the Secretary is hereby authorized to take land into trust for the benefit of the Tribe.", "id": "H95B8FC09CA0C4192B49C979CEE50A677", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Treatment of certain land \nAn application to take into trust land located within Robeson County, North Carolina, under this section shall be treated by the Secretary as an on reservation trust acquisition under part 151 of title 25, Code of Federal Regulations (or a successor regulation).", "id": "HB417BCA72FEC486E9D7E11D8BCB7422C", "header": "Treatment of certain land", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Jurisdiction of State of North Carolina \n(a) In general \nWith respect to land located within the State of North Carolina that is owned by, or held in trust by the United States for the benefit of, the Tribe, or any dependent Indian community of the Tribe, the State of North Carolina shall exercise jurisdiction over— (1) all criminal offenses that are committed; and (2) all civil actions that arise. (b) Transfer of jurisdiction \n(1) In general \nSubject to paragraph (2), the Secretary may accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) over Indian country occupied by the Tribe pursuant to an agreement between the Tribe and the State of North Carolina. (2) Restriction \nA transfer of jurisdiction described in paragraph (1) may not take effect until 2 years after the effective date of the agreement described in that paragraph. (c) Effect \nNothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1919 ).", "id": "H6B830C98956F4545A7B1AB49DDE83036", "header": "Jurisdiction of State of North Carolina", "nested": [ { "text": "(a) In general \nWith respect to land located within the State of North Carolina that is owned by, or held in trust by the United States for the benefit of, the Tribe, or any dependent Indian community of the Tribe, the State of North Carolina shall exercise jurisdiction over— (1) all criminal offenses that are committed; and (2) all civil actions that arise.", "id": "HEACE1DD699634E4588FF3ECA5858079A", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Transfer of jurisdiction \n(1) In general \nSubject to paragraph (2), the Secretary may accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) over Indian country occupied by the Tribe pursuant to an agreement between the Tribe and the State of North Carolina. (2) Restriction \nA transfer of jurisdiction described in paragraph (1) may not take effect until 2 years after the effective date of the agreement described in that paragraph.", "id": "HA4A684B546414A0FA64E276044F01F5D", "header": "Transfer of jurisdiction", "nested": [], "links": [] }, { "text": "(c) Effect \nNothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1919 ).", "id": "H0B732AB10CCB4B869C5C637955EA2AAD", "header": "Effect", "nested": [], "links": [ { "text": "25 U.S.C. 1919", "legal-doc": "usc", "parsable-cite": "usc/25/1919" } ] } ], "links": [ { "text": "25 U.S.C. 1919", "legal-doc": "usc", "parsable-cite": "usc/25/1919" } ] }, { "text": "8. Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this Act.", "id": "H191369AB44314339B7CCC840B0B89FE9", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Federal-Indian relations", "Indian lands and resources rights", "North Carolina" ]

[ { "text": "1. Short title \nThis Act may be cited as the Comprehensive Care for Alzheimer’s Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. CMI testing of dementia care management \nSection 1115A of the Social Security Act ( 42 U.S.C. 1315a ) is amended— (1) in subsection (b)(2)(B), by adding at the end the following new clause: (xxviii) Furnishing comprehensive care management services to eligible individuals with Alzheimer's disease or a related dementia through a Dementia Care Management Model, as described in subsection (h). ; and (2) by adding at the end the following new subsection: (h) Dementia Care Management Model \n(1) Description of model and requirements \n(A) In general \nThe Dementia Care Management Model described in this subsection is a model under which payments are made under title XVIII to eligible entities that furnish comprehensive care management services to eligible individuals with Alzheimer’s disease or a related dementia, in order to test the effectiveness of comprehensive care management services on patient health, care quality, and care experience, as well as on unpaid caregivers, and on reducing spending under title XVIII without reducing the quality of care. (B) Voluntary participation \nParticipation under the Dementia Care Management Model shall be voluntary with respect to both eligible individuals and eligible entities. (C) Implementation of dementia care management model \n(i) In general \nThe Secretary shall— (I) implement the Dementia Care Management Model as a stand-alone model; (II) incorporate the Dementia Care Management Model into the Primary Care First Model; or (III) incorporate the Dementia Care Management Model into— (aa) the Primary Care First Model; and (bb) the Direct Contracting Model. (ii) Additional authority \nIn addition to the models described in subclauses (I) through (III) of clause (i), the Secretary may incorporate the Dementia Care Management Model into other existing coordinated care models established under title XVIII or under this section, including accountable care organizations, value-based purchasing arrangements, and such other coordinated care models as the Secretary determines to be appropriate. (2) Comprehensive care management services defined \nIn this subsection, the term comprehensive care management services means the following services furnished by an eligible entity with respect to an eligible individual: (A) Continuous monitoring and assessment \nAn eligible entity shall regularly assess and continuously monitor the following: (i) Neuropsychiatric symptoms, including behavior, physical safety, and function of an eligible individual. (ii) Comorbidities. (iii) Financial resources and needs. (iv) Caregiver supports and resources, including caregiver education, training, and support. (v) The well-being of unpaid caregivers of the eligible individual. (vi) Potential risks and harms of the eligible individual’s home and environment and the need for support for activities of daily living. (B) Ongoing dementia care plan \nAn eligible entity shall develop and implement an Alzheimer’s disease or related dementia care plan, including advance care planning as appropriate, for an eligible individual. The care plan shall include patient-centered goals for the eligible individual as well as goals for unpaid caregivers of the eligible individual. Such care plan shall be continuously evaluated and modified as appropriate. (C) Psychosocial interventions \nAn eligible entity may implement psychosocial interventions designed to prevent or reduce the burden of cognitive, functional, behavioral, and psychological challenges as well as the associated stress on unpaid caregivers of the eligible individual. (D) Self-management tools \nAn eligible entity shall provide self-management tools to enhance the skills of the unpaid caregiver of the eligible individual to manage the Alzheimer’s disease or related dementia of the eligible individual and to navigate the health care system. Such tools shall include training and support for unpaid caregivers in managing the limitations of eligible individuals, including education, problem solving strategies, care navigation support, support after discharge from a hospital or nursing home, and decision-making support. (E) Medication management \nAn eligible entity shall furnish evidence-based medication review and management services to an eligible individual, including polypharmacy management, using a planned process to reduce or stop medications that may no longer be of benefit or may be having adverse cognitive effects, prescribing approved medications, and enhancing adherence to appropriate medications. (F) Treatment of related conditions \nAn eligible entity shall provide interventions to prevent or treat conditions related to the Alzheimer’s disease or related dementia of the eligible individual, such as depression and delirium. (G) Care coordination \nAn eligible entity shall provide ongoing care management services and shall coordinate services and supports among providers of services and suppliers, as well as social and community resources. Such services shall include necessary assistance for referrals to social and community-based organizations, collaboration with primary care providers and the interdisciplinary team of the eligible individual, and support for care transitions and continuity of care. (H) Exclusion of palliative care and hospice care \nComprehensive care management services shall not include palliative care or hospice care. (I) Other services \nThe Secretary may require or permit other services, as appropriate. (3) Eligible entity defined \nIn this subsection, the term eligible entity means an entity, such as a health system, hospital, physician or nonphysician group practice, multiple physician practices, a Federally qualified health center, a rural health clinic, or an accountable care organization, that— (A) is qualified to furnish comprehensive care management services to an eligible individual, and any unpaid caregiver of such eligible individual, under the Dementia Care Management Model either directly or through arrangements with Medicare participating providers of services and suppliers as well as social and community-based organizations; (B) is accountable for the quality of comprehensive care management services furnished to an eligible individual under the model; (C) furnishes comprehensive care management services through an interdisciplinary team that has at least 1 physician, physician assistant, nurse practitioner, or advanced practice nurse who devotes 25 percent or more of patient contact time to the evaluation and care of patients with acquired cognitive impairment; (D) furnishes comprehensive care management services in a culturally appropriate manner; (E) utilizes a comprehensive, person-centered care management approach; (F) furnishes wellness and healthcare planning, including medication review and management; (G) supports family and caregiver engagement; (H) provides access to a primary care provider or a member of the interdisciplinary team 24 hours a day 7 days a week; (I) has relationships with medical and nonmedical community-based organizations that support patients with Alzheimer’s disease or a related dementia and their caregivers; and (J) meets such other requirements as the Secretary may determine to be appropriate. (4) Eligible individual defined \nIn this subsection, the term eligible individual means an individual— (A) who— (i) is entitled to, or enrolled for, benefits under part A of title XVIII and enrolled under part B of such title (including such an individual who is a dual eligible individual described in subsection (a)(4)(A)(iii)); and (ii) is not enrolled under part C of such title or under a PACE program under section 1894; (B) who has been diagnosed with a form of dementia; (C) who has not made an election to receive hospice care; and (D) who is not a resident of a nursing home. (5) Patient pathways \n(A) Initial placement \n(i) Placement of patients into care pathways \nAn eligible entity shall assign an eligible individual to an appropriate pathway (as described in clauses (ii), (iii), and (iv)) based on an assessment of the clinical and financial status of the eligible individual that is conducted not later than 60 days after the eligible individual is enrolled in the model. (ii) Pathway for uncomplicated dementia diagnosis \nDuring the preceding 12-month period, the eligible individual has not more than 1 unplanned inpatient hospitalization or visit to a hospital emergency department. (iii) Pathway for dementia diagnosis with enhanced care coordination needs \nDuring the preceding 12-month period, the eligible individual— (I) (aa) has 2 or more unplanned inpatient hospitalizations or visits to a hospital emergency department; or (bb) has a psychiatric hospitalization; and (II) has sufficient financial or caregiver resources (as determined by the Secretary). (iv) Pathway for dementia diagnosis with complex care needs \nDuring the preceding 12-month period, the eligible individual— (I) (aa) has 2 or more unplanned inpatient hospitalizations or visits to a hospital emergency department; or (bb) has a psychiatric hospitalization; and (II) has insufficient financial or caregiver resources (as determined by the Secretary). (B) Regular patient assessments for appropriate pathway \n(i) In general \nAfter determination of the initial pathway, at a frequency to be determined by the Secretary, but not less than once per year, an eligible entity shall reassess the pathway determination of each eligible individual enrolled under the model. (ii) Increased ADL limitations \nEach eligible individual enrolled in the pathway for uncomplicated dementia diagnosis (as described in subparagraph (A)(ii)) who has had increased limitations in performing activities of daily living since the prior assessment shall be assigned to the pathway for dementia diagnosis with enhanced care coordination needs (as described in subparagraph (A)(iii)) or the pathway for dementia diagnosis with complex care needs (as described in subparagraph (A)(iv)), depending on the eligible individual’s financial and caregiver resources applicable to each pathway. (iii) Enhanced or complex care needs \nEach eligible individual enrolled in the pathway for dementia diagnosis with enhanced care coordination needs (as described in subparagraph (A)(iii)) or the pathway for dementia diagnosis with complex care needs (as described in subparagraph (A)(iv)) shall be assigned to 1 of the 2 pathways based on the eligible individual’s financial and caregiver resources applicable to each pathway. (6) Quality assessment \n(A) In general \nThe Secretary shall specify appropriate measures to assess the quality of care furnished by an eligible entity under the Dementia Care Management Model. Such measures shall include, as appropriate, measures for clinical processes and outcomes, patient and caregiver experience of care, and utilization of services for which payment is made under the original medicare fee-for-service program under title XVIII, including measures for— (i) emergency department utilization; (ii) inpatient hospital utilization; (iii) documented advanced care plan; (iv) medication review; (v) screening for future fall risk; (vi) depression screening for caregivers; (vii) caregiver stress assessment; and (viii) caregiver assessment of outcomes. (B) Reporting \nAn eligible entity shall submit data in a form and manner determined by the Secretary on measures specified by the Secretary. (C) Performance assessment \nIn order to assess the quality of care furnished by an eligible entity under the model, the Secretary shall establish— (i) quality performance standards; and (ii) methodologies for quality performance scoring and related payment adjustments. (D) Stakeholder input \nThe Secretary shall seek input from eligible entities on final measure specifications, including appropriate adjustment for patient preferences. (7) Payments \n(A) In general \nUnder the Dementia Care Management Model, the Secretary shall establish payment amounts for care management services furnished to eligible individuals, including initial investment costs. Such amounts shall reflect start-up costs and initial investments incurred by an eligible entity in establishing the Dementia Care Management Model. (B) Capitated basis \nPayments under the Dementia Care Management Model shall be made on a capitated basis, such as a per-member, per-month payment, or such other similar payment mechanisms that the Secretary determines to be appropriate. Payments shall vary based on the assigned pathway of each patient as described in paragraph (5). (C) Quality bonus \nUnder the Dementia Care Management Model, additional payments shall be made to any eligible entity for quality bonuses based on the performance of the eligible entity in providing quality care (as determined under paragraph (6)). (D) Zero cost-sharing \nAn eligible individual shall not be liable for any cost-sharing, including deductibles, coinsurance, or copayments, for care management services for dementia care furnished to such eligible individual under the model. (E) Supplemental to payments for covered services \nPayments made under the model shall be in addition to any payments for items or services not provided under the model for which payment may be made under title XVIII for services furnished to such eligible individuals. (F) Nonduplication \nPayments for care management services furnished to eligible individuals under the Dementia Care Management Model may not duplicate payments for services furnished to such eligible individuals for which payments are made under the original medicare fee-for-service program under title XVIII. (8) Waivers \nThe Secretary shall waive provisions of this title, and title XVIII, to permit an eligible entity operating a Dementia Care Management Model to provide the following: (A) Beneficiary rewards \nGift cards or other rewards for patients who successfully participate in the program (as determined by the Secretary). (B) Caregivers \nSupports for caregivers. (C) Telehealth \nTelehealth services without regard to geographic or other originating site limitations under section 1834(m). (D) Services from community organizations \nPayments, cost-sharing support, or both, for nonmedical services furnished by community-based organizations, such as limited caregiving services, respite care, adult day care counseling services, and such other services as the Secretary determines to be appropriate. (9) Modifications for application in the Primary Care First and Direct Contracting Models \n(A) In general \nExcept as provided under subparagraph (B), if the Secretary elects to incorporate the Dementia Care Management Model into the Primary Care First Model, the Direct Contracting Model, or both, as provided for under paragraph (1)(C)(i), the Secretary shall maintain the requirements of this subsection. (B) Permissible modifications \nThe Secretary may adjust the requirements of this subsection to the extent necessary to ensure consistency of the Dementia Care Management Model with the Primary Care First Model, the Direct Contracting Model, or both, with respect to— (i) any eligible entity, including beneficiary alignment thresholds; (ii) any eligible individual; (iii) capitated payments; and (iv) quality-bonus payments. (C) Consultation with stakeholders \nPrior to making any adjustment under subparagraph (B), the Secretary shall consult with appropriate stakeholders and patient advocacy organizations. (10) Outreach to underrepresented minority populations \nAn eligible entity shall carry out public outreach and education efforts, including the dissemination of information, for members of underrepresented minority populations regarding participation in the Dementia Care Management Model to ensure diversity in the patient population of such model. (11) Option to expand to Medicaid \nThe Secretary may design a model under which payments are made under title XIX, in a similar manner to the manner in which payments are made under title XVIII under the Dementia Care Management Model described in this subsection, to eligible entities that furnish comprehensive care management services to individuals who are eligible for medical assistance under a State plan under title XIX (or a waiver of such a plan) with Alzheimer’s disease or a related dementia, in order to test the effectiveness of comprehensive care management services on patient health, care quality, and care experience, as well as on unpaid caregivers, and on reducing spending under title XIX without reducing the quality of care..", "id": "id86e5691b2c084c86aadfbe46dea015b4", "header": "CMI testing of dementia care management", "nested": [], "links": [ { "text": "42 U.S.C. 1315a", "legal-doc": "usc", "parsable-cite": "usc/42/1315a" } ] } ]

[ "Adult day care", "Drug therapy", "Emergency medical services and trauma care", "Health care coverage and access", "Health care quality", "Health promotion and preventive care", "Home and outpatient care", "Medicaid", "Medical tests and diagnostic methods", "Medicare", "Mental health", "Minority health", "Neurological disorders" ]

[ { "text": "1. Short title; findings \n(a) Short title \nThis Act may be cited as the Balanced Budget Accountability Act. (b) Findings \nCongress finds the following: (1) The Federal debt exceeds $31,000,000,000,000, continues to grow rapidly, and is larger than the size of the United States economy. (2) The Federal budget has shown an annual deficit in 53 of the last 58 years. (3) Deficits and the Federal debt threaten to shatter confidence in the Nation’s economy, suppress job creation and economic growth, and leave future generations of Americans with a lower standard of living and fewer opportunities. (4) It is the duty of Members of Congress to develop and implement policies, including balancing the Federal budget, that encourage robust job creation and economic growth in the United States. (5) Members of Congress should be held accountable for failing to pass annual budgets that result in a balanced budget.", "id": "HC75E10DB465849818F35A4489B3DBE9F", "header": "Short title; findings", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Balanced Budget Accountability Act.", "id": "HF33AD60BCA0B4D4884EBBBDC2DD1245C", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Findings \nCongress finds the following: (1) The Federal debt exceeds $31,000,000,000,000, continues to grow rapidly, and is larger than the size of the United States economy. (2) The Federal budget has shown an annual deficit in 53 of the last 58 years. (3) Deficits and the Federal debt threaten to shatter confidence in the Nation’s economy, suppress job creation and economic growth, and leave future generations of Americans with a lower standard of living and fewer opportunities. (4) It is the duty of Members of Congress to develop and implement policies, including balancing the Federal budget, that encourage robust job creation and economic growth in the United States. (5) Members of Congress should be held accountable for failing to pass annual budgets that result in a balanced budget.", "id": "H4A28E35B9BF14F1AB72D5EE2C5D79F9D", "header": "Findings", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Effect of failure to adopt resolution providing for balanced budgets \n(a) Definitions \nIn this section— (1) the term balanced budget means a concurrent resolution on the budget which provides that for fiscal year 2033, and each fiscal year thereafter to which the concurrent resolution on the budget applies— (A) total outlays do not exceed total receipts; and (B) total outlays are not more than 18 percent of the projected gross domestic product of the United States (as determined by the Bureau of Economic Analysis of the Department of Commerce) for such fiscal year; (2) the term Director means the Director of the Office of Management and Budget; and (3) the term Member includes a Delegate or Resident Commissioner to Congress. (b) Determination by the Office of Management and Budget \nUpon adoption by a House of Congress of a concurrent resolution on the budget for a fiscal year, the Director shall— (1) determine whether the concurrent resolution on the budget is a balanced budget; and (2) submit to the Speaker of the House of Representatives or the President pro tempore of the Senate (as the case may be) a certification as to whether or not that House of Congress has adopted a balanced budget. (c) Rule for fiscal years 2024 and 2025 \n(1) Fiscal year 2024 \n(A) Holding salaries in escrow \nIf the Director does not certify that a House of Congress has adopted a balanced budget with respect to fiscal year 2024 before April 16, 2023, during the period described in subparagraph (B) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (B) Period described \nWith respect to a House of Congress, the period described in this subparagraph is the period that begins on April 16, 2023, and ends on the earlier of— (i) the date on which the Director certifies that the House of Congress has adopted a balanced budget with respect to fiscal year 2024; or (ii) the last day of the One Hundred Eighteenth Congress. (2) Fiscal year 2025 \n(A) Holding salaries in escrow \nIf the Director does not certify that a House of Congress has adopted a balanced budget with respect to fiscal year 2025 before April 16, 2024, during the period described in subparagraph (B) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (B) Period described \nWith respect to a House of Congress, the period described in this subparagraph is the period that begins on April 16, 2024, and ends on the earlier of— (i) the date on which the Director certifies that the House of Congress has adopted a balanced budget with respect to fiscal year 2025; or (ii) the last day of the One Hundred Eighteenth Congress. (3) Withholding and remittance of amounts from payments held in escrow \nThe payroll administrator shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) or (2) that would apply to the payment if the payment were not subject to paragraph (1) or (2). (4) Release of amounts at end of the Congress \nIn order to ensure that this subsection is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Eighteenth Congress. (5) Role of Secretary of the Treasury \nThe Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this subsection. (6) Payroll administrator defined \nIn this subsection, the payroll administrator of a House of Congress means— (A) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (B) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. (d) Rule for fiscal year 2026 and subsequent fiscal years \nIf the Director does not certify that a House of Congress has adopted a balanced budget with respect to fiscal year 2026, or any fiscal year thereafter, before April 16 of the fiscal year before such fiscal year, during pay periods which occur in the same calendar year after that date each Member of that House shall be paid at an annual rate of pay equal to $1.", "id": "H3715F2542ECA4BE0BE10EB10D9066EEC", "header": "Effect of failure to adopt resolution providing for balanced budgets", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the term balanced budget means a concurrent resolution on the budget which provides that for fiscal year 2033, and each fiscal year thereafter to which the concurrent resolution on the budget applies— (A) total outlays do not exceed total receipts; and (B) total outlays are not more than 18 percent of the projected gross domestic product of the United States (as determined by the Bureau of Economic Analysis of the Department of Commerce) for such fiscal year; (2) the term Director means the Director of the Office of Management and Budget; and (3) the term Member includes a Delegate or Resident Commissioner to Congress.", "id": "idA69D2D10653C4A7CB93C89E3D08D3011", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Determination by the Office of Management and Budget \nUpon adoption by a House of Congress of a concurrent resolution on the budget for a fiscal year, the Director shall— (1) determine whether the concurrent resolution on the budget is a balanced budget; and (2) submit to the Speaker of the House of Representatives or the President pro tempore of the Senate (as the case may be) a certification as to whether or not that House of Congress has adopted a balanced budget.", "id": "idE63E07983CBF4E7BB85F49F727F66480", "header": "Determination by the Office of Management and Budget", "nested": [], "links": [] }, { "text": "(c) Rule for fiscal years 2024 and 2025 \n(1) Fiscal year 2024 \n(A) Holding salaries in escrow \nIf the Director does not certify that a House of Congress has adopted a balanced budget with respect to fiscal year 2024 before April 16, 2023, during the period described in subparagraph (B) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (B) Period described \nWith respect to a House of Congress, the period described in this subparagraph is the period that begins on April 16, 2023, and ends on the earlier of— (i) the date on which the Director certifies that the House of Congress has adopted a balanced budget with respect to fiscal year 2024; or (ii) the last day of the One Hundred Eighteenth Congress. (2) Fiscal year 2025 \n(A) Holding salaries in escrow \nIf the Director does not certify that a House of Congress has adopted a balanced budget with respect to fiscal year 2025 before April 16, 2024, during the period described in subparagraph (B) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (B) Period described \nWith respect to a House of Congress, the period described in this subparagraph is the period that begins on April 16, 2024, and ends on the earlier of— (i) the date on which the Director certifies that the House of Congress has adopted a balanced budget with respect to fiscal year 2025; or (ii) the last day of the One Hundred Eighteenth Congress. (3) Withholding and remittance of amounts from payments held in escrow \nThe payroll administrator shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) or (2) that would apply to the payment if the payment were not subject to paragraph (1) or (2). (4) Release of amounts at end of the Congress \nIn order to ensure that this subsection is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Eighteenth Congress. (5) Role of Secretary of the Treasury \nThe Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this subsection. (6) Payroll administrator defined \nIn this subsection, the payroll administrator of a House of Congress means— (A) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (B) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section.", "id": "HEE7F3C27FCE943F8B0DA7A739FF74301", "header": "Rule for fiscal years 2024 and 2025", "nested": [], "links": [] }, { "text": "(d) Rule for fiscal year 2026 and subsequent fiscal years \nIf the Director does not certify that a House of Congress has adopted a balanced budget with respect to fiscal year 2026, or any fiscal year thereafter, before April 16 of the fiscal year before such fiscal year, during pay periods which occur in the same calendar year after that date each Member of that House shall be paid at an annual rate of pay equal to $1.", "id": "H15C25E8680D140D5A1AE43BA80DE686B", "header": "Rule for fiscal year 2026 and subsequent fiscal years", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Supermajority requirement for increasing revenue \n(a) In general \nIn the Senate and the House of Representatives, a bill, joint resolution, amendment, conference report, or amendment between the Houses that increases revenue shall only be agreed to upon an affirmative vote of three-fifths of the Members of that House of Congress duly chosen and sworn. (b) Rules of Senate and the House of Representatives \nSubsection (a) is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill, joint resolution, amendment, conference report, or amendment between the Houses that increases revenue, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.", "id": "idFE829A25D7924B628200EA3C8D482832", "header": "Supermajority requirement for increasing revenue", "nested": [ { "text": "(a) In general \nIn the Senate and the House of Representatives, a bill, joint resolution, amendment, conference report, or amendment between the Houses that increases revenue shall only be agreed to upon an affirmative vote of three-fifths of the Members of that House of Congress duly chosen and sworn.", "id": "id5712C07221834873AF401F65E20A70A1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rules of Senate and the House of Representatives \nSubsection (a) is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill, joint resolution, amendment, conference report, or amendment between the Houses that increases revenue, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.", "id": "id19E67C8963BA4B84A12091E45313E328", "header": "Rules of Senate and the House of Representatives", "nested": [], "links": [] } ], "links": [] } ]

[ "Budget deficits and national debt", "Budget process", "Government employee pay, benefits, personnel management", "Income tax rates", "Legislative rules and procedure", "Members of Congress" ]

[ { "text": "1. Short title \nThis Act may be cited as the Protect America’s Innovation and Economic Security from CCP Act.", "id": "id6190449cd0174dca9a0489be40c6419a", "header": "Short title", "nested": [], "links": [] }, { "text": "2. CCP Initiative program \n(a) Establishment \nThere is established in the National Security Division of the Department of Justice the CCP Initiative to— (1) counter nation-state threats to the United States; (2) curb spying by the Chinese Communist Party on United States intellectual property and academic institutions in the United States; and (3) focus on— (A) identifying and prosecuting those engaged in trade secret theft, hacking, and economic espionage; and (B) protecting the critical infrastructure in the United States against external threats through foreign direct investment and supply chain compromises. (b) Steering committee \nThe CCP Initiative shall be led by a steering committee comprised of— (1) the Assistant Attorney General for National Security; (2) senior officials in the Federal Bureau of Investigation, as determined by the Attorney General; (3) the Assistant Attorney General for the Criminal Division of the Department of Justice; (4) the Executive Assistant Director of the National Security Branch of the Federal Bureau of Investigation; and (5) five United States attorneys, appointed by the Attorney General, from the judicial districts with the most cases involving espionage, intellectual property theft, and trade secrets during the preceding 5-year period. (c) Goals \nThe CCP Initiative shall have the following goals: (1) Identify priority trade secret theft cases, ensuring that investigations are adequately resourced. (2) Work to bring the cases described in paragraph (1) to fruition in a timely manner and according to the facts and applicable law. (3) Develop an enforcement strategy concerning nontraditional collectors, including researchers in labs, universities, and the defense industrial base, that are being co-opted into transferring technology contrary to United States interests. (4) Educate colleges and universities about potential threats to academic freedom and open discourse from influence efforts on campus. (5) Apply the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 et seq. ) to unregistered agents seeking to advance the political agenda of the People's Republic of China, bringing enforcement actions if appropriate. (6) Equip United States attorneys with intelligence and materials to be used to— (A) raise awareness of the threats described in this section within their judicial districts; and (B) support outreach efforts. (7) Implement the Foreign Investment Risk Review Modernization Act of 2018 (division A of title XVII of Public Law 115–232 ; 132 Stat. 2173) for the Department of Justice, including by working with the Department of the Treasury to develop regulations under that Act and prepare for increased workflow. (8) Identify opportunities to better address supply chain threats, especially ones impacting the telecommunications sector, prior to the transition to 5G networks. (9) Identify Foreign Corrupt Practices Act of 1977 ( Public Law 95–213 ; 91 Stat. 1494) cases involving Chinese companies that compete with United States businesses. (10) Increase efforts to improve Chinese responses to requests under the Mutual Legal Assistance Agreement with the United States. (11) Evaluate whether additional legislative and administrative authorities are required to protect United States assets from foreign economic aggression. (d) Requirement \nUnder the CCP Initiative— (1) all investigations and prosecutions shall be set as priority and not based on discretion; (2) the Initiative shall be separate from and not under the authority or discretion of any other Department of Justice initiative dedicated to countering nation-state threats; and (3) all resources used for the CCP Initiative shall solely be set aside for the CCP Initiative and shall not be combined to support any other Department of Justice program, including other programs and initiatives dedicated to countering nation-state threats. (e) Annual briefing \nThe Attorney General shall brief the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives annually on the progress and challenges of the CCP Initiative. (f) Sunset \nThis Act is effective beginning on the date of enactment of this Act and ending on the date that is 6 years after that date. (g) Severability \nIf any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provisions of such to any person or circumstance, shall not be affected thereby.", "id": "S1", "header": "CCP Initiative program", "nested": [ { "text": "(a) Establishment \nThere is established in the National Security Division of the Department of Justice the CCP Initiative to— (1) counter nation-state threats to the United States; (2) curb spying by the Chinese Communist Party on United States intellectual property and academic institutions in the United States; and (3) focus on— (A) identifying and prosecuting those engaged in trade secret theft, hacking, and economic espionage; and (B) protecting the critical infrastructure in the United States against external threats through foreign direct investment and supply chain compromises.", "id": "idB681A436D2CB405BA3E7948D82970DBA", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Steering committee \nThe CCP Initiative shall be led by a steering committee comprised of— (1) the Assistant Attorney General for National Security; (2) senior officials in the Federal Bureau of Investigation, as determined by the Attorney General; (3) the Assistant Attorney General for the Criminal Division of the Department of Justice; (4) the Executive Assistant Director of the National Security Branch of the Federal Bureau of Investigation; and (5) five United States attorneys, appointed by the Attorney General, from the judicial districts with the most cases involving espionage, intellectual property theft, and trade secrets during the preceding 5-year period.", "id": "id77A1DE2D453B4F5DB734BA0FC041B5E5", "header": "Steering committee", "nested": [], "links": [] }, { "text": "(c) Goals \nThe CCP Initiative shall have the following goals: (1) Identify priority trade secret theft cases, ensuring that investigations are adequately resourced. (2) Work to bring the cases described in paragraph (1) to fruition in a timely manner and according to the facts and applicable law. (3) Develop an enforcement strategy concerning nontraditional collectors, including researchers in labs, universities, and the defense industrial base, that are being co-opted into transferring technology contrary to United States interests. (4) Educate colleges and universities about potential threats to academic freedom and open discourse from influence efforts on campus. (5) Apply the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 et seq. ) to unregistered agents seeking to advance the political agenda of the People's Republic of China, bringing enforcement actions if appropriate. (6) Equip United States attorneys with intelligence and materials to be used to— (A) raise awareness of the threats described in this section within their judicial districts; and (B) support outreach efforts. (7) Implement the Foreign Investment Risk Review Modernization Act of 2018 (division A of title XVII of Public Law 115–232 ; 132 Stat. 2173) for the Department of Justice, including by working with the Department of the Treasury to develop regulations under that Act and prepare for increased workflow. (8) Identify opportunities to better address supply chain threats, especially ones impacting the telecommunications sector, prior to the transition to 5G networks. (9) Identify Foreign Corrupt Practices Act of 1977 ( Public Law 95–213 ; 91 Stat. 1494) cases involving Chinese companies that compete with United States businesses. (10) Increase efforts to improve Chinese responses to requests under the Mutual Legal Assistance Agreement with the United States. (11) Evaluate whether additional legislative and administrative authorities are required to protect United States assets from foreign economic aggression.", "id": "id6D7C3077F92C438ABDE7D829CDB02247", "header": "Goals", "nested": [], "links": [ { "text": "22 U.S.C. 611 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/611" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 95–213", "legal-doc": "public-law", "parsable-cite": "pl/95/213" } ] }, { "text": "(d) Requirement \nUnder the CCP Initiative— (1) all investigations and prosecutions shall be set as priority and not based on discretion; (2) the Initiative shall be separate from and not under the authority or discretion of any other Department of Justice initiative dedicated to countering nation-state threats; and (3) all resources used for the CCP Initiative shall solely be set aside for the CCP Initiative and shall not be combined to support any other Department of Justice program, including other programs and initiatives dedicated to countering nation-state threats.", "id": "idD1F585FADDD94A939FED69683A588F5F", "header": "Requirement", "nested": [], "links": [] }, { "text": "(e) Annual briefing \nThe Attorney General shall brief the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives annually on the progress and challenges of the CCP Initiative.", "id": "id658F781AB15F42E3816DA61A15B87A3B", "header": "Annual briefing", "nested": [], "links": [] }, { "text": "(f) Sunset \nThis Act is effective beginning on the date of enactment of this Act and ending on the date that is 6 years after that date.", "id": "id4647089551854932B0A4574E365AAFB0", "header": "Sunset", "nested": [], "links": [] }, { "text": "(g) Severability \nIf any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provisions of such to any person or circumstance, shall not be affected thereby.", "id": "id6EFD77D51A0F4E068FA85B8F91850812", "header": "Severability", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 611 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/611" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "Public Law 95–213", "legal-doc": "public-law", "parsable-cite": "pl/95/213" } ] } ]

[ "Advisory bodies", "Asia", "China", "Computer security and identity theft", "Congressional oversight", "Criminal investigation, prosecution, interrogation", "Department of Justice", "Executive agency funding and structure", "Higher education", "Intellectual property", "Intelligence activities, surveillance, classified information", "Trade secrets and economic espionage", "U.S. and foreign investments" ]

[ { "text": "1. Short title \nThis Act may be cited as the Lifting Local Communities Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purposes \nThe purposes of this Act are the following: (1) To enable assistance to be provided to individuals and families in need in the most effective manner. (2) To prohibit discrimination against religious organizations in receipt and administration of Federal financial assistance, including the provision of that assistance through federally funded social service programs. (3) To ensure that religious organizations can apply and compete for Federal financial assistance on a level playing field with nonreligious organizations. (4) To provide certainty for religious organizations that receipt of Federal financial assistance will not obstruct or hinder their ability to organize and operate in accordance with their sincerely held religious beliefs. (5) To strengthen the social service capacity of the United States by facilitating the entry of new, and the expansion of existing, efforts by religious organizations in the administration and provision of Federal financial assistance. (6) To protect the religious freedom of, and better serve, individuals and families in need, including by expanding their ability to choose to receive federally funded social services from religious organizations.", "id": "id4D1131B995734B2B9414230FDB7B8F7B", "header": "Purposes", "nested": [], "links": [] }, { "text": "3. Provision of services for government programs by religious organizations \nTitle XXIV of the Revised Statutes is amended by inserting after section 1990 ( 42 U.S.C. 1994 ) the following: 1990A. Ensuring equal treatment for religious organizations in Federal provision of social services, grantmaking, and contracting \n(a) In general \nFor any social services program carried out by the Federal Government, or by a State, local government, or pass-through entity with Federal funds, the entity that awards Federal financial assistance shall consider religious organizations, on the same basis as any other private organization, to provide services for the program. (b) Equal treatment for religious organizations in Federal financial assistance \n(1) In general \nA religious organization shall be eligible to apply for and to receive Federal financial assistance to provide services for a social services program on the same basis as a private nonreligious organization. (2) Selection \nIn the selection of recipients for Federal financial assistance for a social services program neither the Federal Government nor a State, local government, or pass-through entity receiving funds for such program may discriminate for or against a private organization on the basis of religion, including the organization's religious character, affiliation, or exercise. (3) Prohibition against improper burden on religious organizations \n(A) In General \nExcept in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, the provisions of subparagraphs (B) through (E) shall apply for any social services program administered by the Federal Government or by a State, local government, or pass-through entity. (B) Equal treatment on assurances and notices \nNo document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall require religious organizations to provide assurances or notices that are not required of private nonreligious organizations. (C) Equal application of restrictions \nAny restrictions on the use of funds received as Federal financial assistance shall apply equally to religious and private nonreligious organizations. (D) Program requirements \nAll organizations that receive Federal financial assistance for a social services program, including religious organizations, shall carry out eligible activities in accordance with all program requirements, and other applicable requirements governing the conduct of activities funded by the entity that awards Federal financial assistance. (E) No disqualification based on religion \nNo document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall— (i) disqualify religious organizations from applying for or receiving Federal financial assistance for a social services program on the basis of the organization’s religious character or affiliation, or grounds that discriminate against the organization on the basis of the organization’s religious exercise; or (ii) prohibit the provision of religious activities or services at the same time or location as any program receiving such Federal financial assistance. (c) Religious character and freedom \n(1) Freedom \nA religious organization that applies for or receives Federal financial assistance for a social services program shall retain its independence from Federal, State, and local governments, including its autonomy, right of expression, religious character or affiliation, authority over its internal governance, and other aspects of independence. (2) Religious character \nA religious organization that applies for or receives Federal financial assistance for a social services program may, among other things— (A) retain religious terms in the organization's name; (B) continue to carry out the organization's mission, including the definition, development, practice, and expression of its religious beliefs; (C) use the organization's facilities to provide a program without concealing, removing, or altering religious art, icons, scriptures, or other symbols from the facilities; (D) select, promote, or dismiss the members of the organization’s governing body and the organization’s employees on the basis of their acceptance of or adherence to the religious tenets of the organization; and (E) include religious references in the organization's mission statement and other chartering or governing documents. (d) Rights of covered beneficiaries of services \n(1) In general \nExcept as otherwise provided in any applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, an organization that receives Federal financial assistance under a social services program shall not discriminate against a covered beneficiary in the provision of a federally funded program on the basis of religion, a religious belief, or a refusal to hold a religious belief. (2) Special rule \nIt shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization’s program. (3) Alternative services \nIf a covered beneficiary has an objection to the character or affiliation of the private organization from which the beneficiary receives, or would receive, services as part of the federally funded social services program, the appropriate Federal, State, or local governmental entity shall provide to such beneficiary (if otherwise eligible for such services) within a reasonable period of time after the date of such objection, a referral for alternative services that— (A) are reasonably accessible to the covered beneficiary; and (B) have a substantially similar value to the services that the covered beneficiary would initially have received from such organization. (4) Definition \nIn this subsection, the term covered beneficiary means an individual who applies for or receives services under a social services program. (e) Religious exemptions \nA religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) (including exemption from prohibitions in employment discrimination in section 702(a) of that Act ( 42 U.S.C. 2000e–1(a) )), title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. ), the Religious Land Use and Institutionalized Persons Act of 2000 ( 42 U.S.C. 2000cc et seq. ), or any other provision in law providing an exemption for a religious organization, shall not be waived because of the religious organization's participation in, or receipt of funds from, a social services program funded with Federal financial assistance. (f) Limited audit \n(1) In General \nA religious organization providing services for a social services program using Federal financial assistance may segregate Federal funds and any required matching funds provided for such program into a separate account or accounts. Only the separate accounts consisting of Federal funds and any required matching funds shall be subject to audit by the Federal Government with respect to an audit undertaken for the purposes of oversight of Federal financial assistance. (2) Commingling of funds \nIf a religious organization providing services for a social services program using Federal financial assistance contributes the organization's own funds in addition to those funds required by a matching requirement or agreement to supplement Federal funds, the organization may segregate the organization's own funds that are not matching funds into separate accounts, or commingle the organization's own funds that are not matching funds with the matching funds. If those funds are commingled, the commingled funds may all be subject to audit by the Federal Government. (g) Private right of action \nAny religious organization that alleges a violation of its rights under this section and seeks to enforce its rights under this section— (1) may bring an action in a court of competent jurisdiction and assert that violation as a claim, or assert that violation as a defense in a judicial action; and (2) may obtain appropriate relief, including attorney’s fees, against an entity or agency that committed such violation. (h) Federal preemption of State and local laws \nWith respect to any Federal financial assistance provided to a religious organization for the provision of a social service program, or such assistance commingled with State or local funds, no State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, or requirement covered by the provisions of this section, or a rule, regulation, or requirement promulgated under this section. (i) Construction \nThe provisions of this section shall supersede all Federal law (including statutory and other law, and policies used in the implementation of that law) that is enacted or issued before the date of enactment of this section. No provision of law enacted after the date of the enactment of this section may be construed as limiting, superseding, or otherwise affecting this section, except to the extent that it does so by specific reference to this section. (j) Severability \nIf any provision of this section or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby. (k) Definitions \nIn this section: (1) Discriminate on the basis of an organization’s religious exercise \n(A) In general \nThe term discriminate , used with respect to an organization’s religious exercise, means, on the basis of covered conduct or motivation, to disfavor an organization in a selection process or in oversight, including— (i) by failing to select an organization; (ii) by disqualifying an organization; or (iii) by imposing any condition or selection criterion that penalizes or otherwise disfavors an organization, or has the effect of so penalizing or disfavoring an organization. (B) Covered conduct or motivation \nIn this paragraph, the term covered conduct or motivation means— (i) conduct that would not be considered grounds to disfavor a nonreligious organization; (ii) conduct for which an organization must or could be granted an exemption or accommodation in a manner consistent with the Free Exercise Clause of the First Amendment to the Constitution, the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. ), or any other provision referenced in subsection (e); or (iii) the actual or suspected religious motivation for the organization’s religious exercise. (2) Other definitions \n(A) Federal financial assistance \nThe term Federal financial assistance means financial assistance from the Federal Government that non-Federal entities receive or administer through grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, tax deduction, or guaranty contract. (B) Pass-through entity \nThe term pass-through entity means an entity, including a nonprofit or nongovernmental organization, acting under a grant, contract, or other agreement with the Federal Government or with a State or local government, such as a State administering agency, that accepts direct Federal financial assistance as a primary recipient (such as a grant recipient) and distributes that assistance to other organizations that, in turn, provide government-funded social services through a social services program. (C) Program \nThe term program includes the services provided through that program. (D) Religious exercise \nThe term religious exercise has the meaning given the term in section 8 of the Religious Land Use and Institutionalized Persons Act of 2000 ( 42 U.S.C. 2000cc–5 ). (E) Services \nThe term services , used with respect to a social services program, includes the provision of goods, or of financial assistance, under the social services program. (F) Social services program \nThe term social services program — (i) means a program that is administered by the Federal Government, or by a State or local government using Federal financial assistance, and that provides services directed at reducing poverty, improving opportunities for low-income children, revitalizing low-income communities, empowering low-income families and low-income individuals to become self-sufficient, or otherwise helping people in need; and (ii) includes a program that provides, to people in need— (I) child care services, protective services for children and adults, services for children and adults in foster care, adoption services, services related to management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older individuals, and individuals with disabilities; (II) transportation services; (III) job training and related services, and employment services; (IV) information, referral, and counseling services; (V) the preparation and delivery of meals, nutrition services, and services related to soup kitchens or food banks; (VI) health support services; (VII) literacy and mentoring services; (VIII) services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and families of criminal offenders, and services related to intervention in, and prevention of, domestic violence; or (IX) services related to the provision of assistance for housing under Federal law..", "id": "id555B11CEB7764BE4B766E0B1CC9D6CD7", "header": "Provision of services for government programs by religious organizations", "nested": [], "links": [ { "text": "42 U.S.C. 1994", "legal-doc": "usc", "parsable-cite": "usc/42/1994" }, { "text": "42 U.S.C. 2000e et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000e" }, { "text": "42 U.S.C. 2000e–1(a)", "legal-doc": "usc", "parsable-cite": "usc/42/2000e-1" }, { "text": "42 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/3601" }, { "text": "20 U.S.C. 1681 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1681" }, { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" }, { "text": "42 U.S.C. 2000bb et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000bb" }, { "text": "42 U.S.C. 2000cc et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000cc" }, { "text": "42 U.S.C. 2000bb et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000bb" }, { "text": "42 U.S.C. 2000cc–5", "legal-doc": "usc", "parsable-cite": "usc/42/2000cc-5" } ] }, { "text": "1990A. Ensuring equal treatment for religious organizations in Federal provision of social services, grantmaking, and contracting \n(a) In general \nFor any social services program carried out by the Federal Government, or by a State, local government, or pass-through entity with Federal funds, the entity that awards Federal financial assistance shall consider religious organizations, on the same basis as any other private organization, to provide services for the program. (b) Equal treatment for religious organizations in Federal financial assistance \n(1) In general \nA religious organization shall be eligible to apply for and to receive Federal financial assistance to provide services for a social services program on the same basis as a private nonreligious organization. (2) Selection \nIn the selection of recipients for Federal financial assistance for a social services program neither the Federal Government nor a State, local government, or pass-through entity receiving funds for such program may discriminate for or against a private organization on the basis of religion, including the organization's religious character, affiliation, or exercise. (3) Prohibition against improper burden on religious organizations \n(A) In General \nExcept in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, the provisions of subparagraphs (B) through (E) shall apply for any social services program administered by the Federal Government or by a State, local government, or pass-through entity. (B) Equal treatment on assurances and notices \nNo document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall require religious organizations to provide assurances or notices that are not required of private nonreligious organizations. (C) Equal application of restrictions \nAny restrictions on the use of funds received as Federal financial assistance shall apply equally to religious and private nonreligious organizations. (D) Program requirements \nAll organizations that receive Federal financial assistance for a social services program, including religious organizations, shall carry out eligible activities in accordance with all program requirements, and other applicable requirements governing the conduct of activities funded by the entity that awards Federal financial assistance. (E) No disqualification based on religion \nNo document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall— (i) disqualify religious organizations from applying for or receiving Federal financial assistance for a social services program on the basis of the organization’s religious character or affiliation, or grounds that discriminate against the organization on the basis of the organization’s religious exercise; or (ii) prohibit the provision of religious activities or services at the same time or location as any program receiving such Federal financial assistance. (c) Religious character and freedom \n(1) Freedom \nA religious organization that applies for or receives Federal financial assistance for a social services program shall retain its independence from Federal, State, and local governments, including its autonomy, right of expression, religious character or affiliation, authority over its internal governance, and other aspects of independence. (2) Religious character \nA religious organization that applies for or receives Federal financial assistance for a social services program may, among other things— (A) retain religious terms in the organization's name; (B) continue to carry out the organization's mission, including the definition, development, practice, and expression of its religious beliefs; (C) use the organization's facilities to provide a program without concealing, removing, or altering religious art, icons, scriptures, or other symbols from the facilities; (D) select, promote, or dismiss the members of the organization’s governing body and the organization’s employees on the basis of their acceptance of or adherence to the religious tenets of the organization; and (E) include religious references in the organization's mission statement and other chartering or governing documents. (d) Rights of covered beneficiaries of services \n(1) In general \nExcept as otherwise provided in any applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, an organization that receives Federal financial assistance under a social services program shall not discriminate against a covered beneficiary in the provision of a federally funded program on the basis of religion, a religious belief, or a refusal to hold a religious belief. (2) Special rule \nIt shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization’s program. (3) Alternative services \nIf a covered beneficiary has an objection to the character or affiliation of the private organization from which the beneficiary receives, or would receive, services as part of the federally funded social services program, the appropriate Federal, State, or local governmental entity shall provide to such beneficiary (if otherwise eligible for such services) within a reasonable period of time after the date of such objection, a referral for alternative services that— (A) are reasonably accessible to the covered beneficiary; and (B) have a substantially similar value to the services that the covered beneficiary would initially have received from such organization. (4) Definition \nIn this subsection, the term covered beneficiary means an individual who applies for or receives services under a social services program. (e) Religious exemptions \nA religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) (including exemption from prohibitions in employment discrimination in section 702(a) of that Act ( 42 U.S.C. 2000e–1(a) )), title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. ), the Religious Land Use and Institutionalized Persons Act of 2000 ( 42 U.S.C. 2000cc et seq. ), or any other provision in law providing an exemption for a religious organization, shall not be waived because of the religious organization's participation in, or receipt of funds from, a social services program funded with Federal financial assistance. (f) Limited audit \n(1) In General \nA religious organization providing services for a social services program using Federal financial assistance may segregate Federal funds and any required matching funds provided for such program into a separate account or accounts. Only the separate accounts consisting of Federal funds and any required matching funds shall be subject to audit by the Federal Government with respect to an audit undertaken for the purposes of oversight of Federal financial assistance. (2) Commingling of funds \nIf a religious organization providing services for a social services program using Federal financial assistance contributes the organization's own funds in addition to those funds required by a matching requirement or agreement to supplement Federal funds, the organization may segregate the organization's own funds that are not matching funds into separate accounts, or commingle the organization's own funds that are not matching funds with the matching funds. If those funds are commingled, the commingled funds may all be subject to audit by the Federal Government. (g) Private right of action \nAny religious organization that alleges a violation of its rights under this section and seeks to enforce its rights under this section— (1) may bring an action in a court of competent jurisdiction and assert that violation as a claim, or assert that violation as a defense in a judicial action; and (2) may obtain appropriate relief, including attorney’s fees, against an entity or agency that committed such violation. (h) Federal preemption of State and local laws \nWith respect to any Federal financial assistance provided to a religious organization for the provision of a social service program, or such assistance commingled with State or local funds, no State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, or requirement covered by the provisions of this section, or a rule, regulation, or requirement promulgated under this section. (i) Construction \nThe provisions of this section shall supersede all Federal law (including statutory and other law, and policies used in the implementation of that law) that is enacted or issued before the date of enactment of this section. No provision of law enacted after the date of the enactment of this section may be construed as limiting, superseding, or otherwise affecting this section, except to the extent that it does so by specific reference to this section. (j) Severability \nIf any provision of this section or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby. (k) Definitions \nIn this section: (1) Discriminate on the basis of an organization’s religious exercise \n(A) In general \nThe term discriminate , used with respect to an organization’s religious exercise, means, on the basis of covered conduct or motivation, to disfavor an organization in a selection process or in oversight, including— (i) by failing to select an organization; (ii) by disqualifying an organization; or (iii) by imposing any condition or selection criterion that penalizes or otherwise disfavors an organization, or has the effect of so penalizing or disfavoring an organization. (B) Covered conduct or motivation \nIn this paragraph, the term covered conduct or motivation means— (i) conduct that would not be considered grounds to disfavor a nonreligious organization; (ii) conduct for which an organization must or could be granted an exemption or accommodation in a manner consistent with the Free Exercise Clause of the First Amendment to the Constitution, the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. ), or any other provision referenced in subsection (e); or (iii) the actual or suspected religious motivation for the organization’s religious exercise. (2) Other definitions \n(A) Federal financial assistance \nThe term Federal financial assistance means financial assistance from the Federal Government that non-Federal entities receive or administer through grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, tax deduction, or guaranty contract. (B) Pass-through entity \nThe term pass-through entity means an entity, including a nonprofit or nongovernmental organization, acting under a grant, contract, or other agreement with the Federal Government or with a State or local government, such as a State administering agency, that accepts direct Federal financial assistance as a primary recipient (such as a grant recipient) and distributes that assistance to other organizations that, in turn, provide government-funded social services through a social services program. (C) Program \nThe term program includes the services provided through that program. (D) Religious exercise \nThe term religious exercise has the meaning given the term in section 8 of the Religious Land Use and Institutionalized Persons Act of 2000 ( 42 U.S.C. 2000cc–5 ). (E) Services \nThe term services , used with respect to a social services program, includes the provision of goods, or of financial assistance, under the social services program. (F) Social services program \nThe term social services program — (i) means a program that is administered by the Federal Government, or by a State or local government using Federal financial assistance, and that provides services directed at reducing poverty, improving opportunities for low-income children, revitalizing low-income communities, empowering low-income families and low-income individuals to become self-sufficient, or otherwise helping people in need; and (ii) includes a program that provides, to people in need— (I) child care services, protective services for children and adults, services for children and adults in foster care, adoption services, services related to management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older individuals, and individuals with disabilities; (II) transportation services; (III) job training and related services, and employment services; (IV) information, referral, and counseling services; (V) the preparation and delivery of meals, nutrition services, and services related to soup kitchens or food banks; (VI) health support services; (VII) literacy and mentoring services; (VIII) services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and families of criminal offenders, and services related to intervention in, and prevention of, domestic violence; or (IX) services related to the provision of assistance for housing under Federal law.", "id": "idA258BCB29F8B483AA2A20632BCCBFCF8", "header": "Ensuring equal treatment for religious organizations in Federal provision of social services, grantmaking, and contracting", "nested": [ { "text": "(a) In general \nFor any social services program carried out by the Federal Government, or by a State, local government, or pass-through entity with Federal funds, the entity that awards Federal financial assistance shall consider religious organizations, on the same basis as any other private organization, to provide services for the program.", "id": "idd44b281923544c96a00012ed01e00809", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Equal treatment for religious organizations in Federal financial assistance \n(1) In general \nA religious organization shall be eligible to apply for and to receive Federal financial assistance to provide services for a social services program on the same basis as a private nonreligious organization. (2) Selection \nIn the selection of recipients for Federal financial assistance for a social services program neither the Federal Government nor a State, local government, or pass-through entity receiving funds for such program may discriminate for or against a private organization on the basis of religion, including the organization's religious character, affiliation, or exercise. (3) Prohibition against improper burden on religious organizations \n(A) In General \nExcept in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, the provisions of subparagraphs (B) through (E) shall apply for any social services program administered by the Federal Government or by a State, local government, or pass-through entity. (B) Equal treatment on assurances and notices \nNo document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall require religious organizations to provide assurances or notices that are not required of private nonreligious organizations. (C) Equal application of restrictions \nAny restrictions on the use of funds received as Federal financial assistance shall apply equally to religious and private nonreligious organizations. (D) Program requirements \nAll organizations that receive Federal financial assistance for a social services program, including religious organizations, shall carry out eligible activities in accordance with all program requirements, and other applicable requirements governing the conduct of activities funded by the entity that awards Federal financial assistance. (E) No disqualification based on religion \nNo document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall— (i) disqualify religious organizations from applying for or receiving Federal financial assistance for a social services program on the basis of the organization’s religious character or affiliation, or grounds that discriminate against the organization on the basis of the organization’s religious exercise; or (ii) prohibit the provision of religious activities or services at the same time or location as any program receiving such Federal financial assistance.", "id": "idac12d2d42c1345f695600a344d9a65eb", "header": "Equal treatment for religious organizations in Federal financial assistance", "nested": [], "links": [] }, { "text": "(c) Religious character and freedom \n(1) Freedom \nA religious organization that applies for or receives Federal financial assistance for a social services program shall retain its independence from Federal, State, and local governments, including its autonomy, right of expression, religious character or affiliation, authority over its internal governance, and other aspects of independence. (2) Religious character \nA religious organization that applies for or receives Federal financial assistance for a social services program may, among other things— (A) retain religious terms in the organization's name; (B) continue to carry out the organization's mission, including the definition, development, practice, and expression of its religious beliefs; (C) use the organization's facilities to provide a program without concealing, removing, or altering religious art, icons, scriptures, or other symbols from the facilities; (D) select, promote, or dismiss the members of the organization’s governing body and the organization’s employees on the basis of their acceptance of or adherence to the religious tenets of the organization; and (E) include religious references in the organization's mission statement and other chartering or governing documents.", "id": "iddccc841069dc482d95c4a710e617a3c1", "header": "Religious character and freedom", "nested": [], "links": [] }, { "text": "(d) Rights of covered beneficiaries of services \n(1) In general \nExcept as otherwise provided in any applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, an organization that receives Federal financial assistance under a social services program shall not discriminate against a covered beneficiary in the provision of a federally funded program on the basis of religion, a religious belief, or a refusal to hold a religious belief. (2) Special rule \nIt shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization’s program. (3) Alternative services \nIf a covered beneficiary has an objection to the character or affiliation of the private organization from which the beneficiary receives, or would receive, services as part of the federally funded social services program, the appropriate Federal, State, or local governmental entity shall provide to such beneficiary (if otherwise eligible for such services) within a reasonable period of time after the date of such objection, a referral for alternative services that— (A) are reasonably accessible to the covered beneficiary; and (B) have a substantially similar value to the services that the covered beneficiary would initially have received from such organization. (4) Definition \nIn this subsection, the term covered beneficiary means an individual who applies for or receives services under a social services program.", "id": "id8d7934df19784f5fbb0df9bd4da669ed", "header": "Rights of covered beneficiaries of services", "nested": [], "links": [] }, { "text": "(e) Religious exemptions \nA religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) (including exemption from prohibitions in employment discrimination in section 702(a) of that Act ( 42 U.S.C. 2000e–1(a) )), title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. ), the Religious Land Use and Institutionalized Persons Act of 2000 ( 42 U.S.C. 2000cc et seq. ), or any other provision in law providing an exemption for a religious organization, shall not be waived because of the religious organization's participation in, or receipt of funds from, a social services program funded with Federal financial assistance.", "id": "idd291a0cfa28940738010e0dfceb50fa9", "header": "Religious exemptions", "nested": [], "links": [ { "text": "42 U.S.C. 2000e et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000e" }, { "text": "42 U.S.C. 2000e–1(a)", "legal-doc": "usc", "parsable-cite": "usc/42/2000e-1" }, { "text": "42 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/3601" }, { "text": "20 U.S.C. 1681 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1681" }, { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" }, { "text": "42 U.S.C. 2000bb et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000bb" }, { "text": "42 U.S.C. 2000cc et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000cc" } ] }, { "text": "(f) Limited audit \n(1) In General \nA religious organization providing services for a social services program using Federal financial assistance may segregate Federal funds and any required matching funds provided for such program into a separate account or accounts. Only the separate accounts consisting of Federal funds and any required matching funds shall be subject to audit by the Federal Government with respect to an audit undertaken for the purposes of oversight of Federal financial assistance. (2) Commingling of funds \nIf a religious organization providing services for a social services program using Federal financial assistance contributes the organization's own funds in addition to those funds required by a matching requirement or agreement to supplement Federal funds, the organization may segregate the organization's own funds that are not matching funds into separate accounts, or commingle the organization's own funds that are not matching funds with the matching funds. If those funds are commingled, the commingled funds may all be subject to audit by the Federal Government.", "id": "id26a5af6da9e04da5b935a13714676e0a", "header": "Limited audit", "nested": [], "links": [] }, { "text": "(g) Private right of action \nAny religious organization that alleges a violation of its rights under this section and seeks to enforce its rights under this section— (1) may bring an action in a court of competent jurisdiction and assert that violation as a claim, or assert that violation as a defense in a judicial action; and (2) may obtain appropriate relief, including attorney’s fees, against an entity or agency that committed such violation.", "id": "id65f19f94d2104132afd85aabd372d685", "header": "Private right of action", "nested": [], "links": [] }, { "text": "(h) Federal preemption of State and local laws \nWith respect to any Federal financial assistance provided to a religious organization for the provision of a social service program, or such assistance commingled with State or local funds, no State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, or requirement covered by the provisions of this section, or a rule, regulation, or requirement promulgated under this section.", "id": "idd5a00cce366b494bac4f6b0ca4e2dd51", "header": "Federal preemption of State and local laws", "nested": [], "links": [] }, { "text": "(i) Construction \nThe provisions of this section shall supersede all Federal law (including statutory and other law, and policies used in the implementation of that law) that is enacted or issued before the date of enactment of this section. No provision of law enacted after the date of the enactment of this section may be construed as limiting, superseding, or otherwise affecting this section, except to the extent that it does so by specific reference to this section.", "id": "id08813461C7A0467EA7E122A7D0603D40", "header": "Construction", "nested": [], "links": [] }, { "text": "(j) Severability \nIf any provision of this section or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby.", "id": "id448763ab579f44d5a455da7c68234290", "header": "Severability", "nested": [], "links": [] }, { "text": "(k) Definitions \nIn this section: (1) Discriminate on the basis of an organization’s religious exercise \n(A) In general \nThe term discriminate , used with respect to an organization’s religious exercise, means, on the basis of covered conduct or motivation, to disfavor an organization in a selection process or in oversight, including— (i) by failing to select an organization; (ii) by disqualifying an organization; or (iii) by imposing any condition or selection criterion that penalizes or otherwise disfavors an organization, or has the effect of so penalizing or disfavoring an organization. (B) Covered conduct or motivation \nIn this paragraph, the term covered conduct or motivation means— (i) conduct that would not be considered grounds to disfavor a nonreligious organization; (ii) conduct for which an organization must or could be granted an exemption or accommodation in a manner consistent with the Free Exercise Clause of the First Amendment to the Constitution, the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. ), or any other provision referenced in subsection (e); or (iii) the actual or suspected religious motivation for the organization’s religious exercise. (2) Other definitions \n(A) Federal financial assistance \nThe term Federal financial assistance means financial assistance from the Federal Government that non-Federal entities receive or administer through grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, tax deduction, or guaranty contract. (B) Pass-through entity \nThe term pass-through entity means an entity, including a nonprofit or nongovernmental organization, acting under a grant, contract, or other agreement with the Federal Government or with a State or local government, such as a State administering agency, that accepts direct Federal financial assistance as a primary recipient (such as a grant recipient) and distributes that assistance to other organizations that, in turn, provide government-funded social services through a social services program. (C) Program \nThe term program includes the services provided through that program. (D) Religious exercise \nThe term religious exercise has the meaning given the term in section 8 of the Religious Land Use and Institutionalized Persons Act of 2000 ( 42 U.S.C. 2000cc–5 ). (E) Services \nThe term services , used with respect to a social services program, includes the provision of goods, or of financial assistance, under the social services program. (F) Social services program \nThe term social services program — (i) means a program that is administered by the Federal Government, or by a State or local government using Federal financial assistance, and that provides services directed at reducing poverty, improving opportunities for low-income children, revitalizing low-income communities, empowering low-income families and low-income individuals to become self-sufficient, or otherwise helping people in need; and (ii) includes a program that provides, to people in need— (I) child care services, protective services for children and adults, services for children and adults in foster care, adoption services, services related to management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older individuals, and individuals with disabilities; (II) transportation services; (III) job training and related services, and employment services; (IV) information, referral, and counseling services; (V) the preparation and delivery of meals, nutrition services, and services related to soup kitchens or food banks; (VI) health support services; (VII) literacy and mentoring services; (VIII) services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and families of criminal offenders, and services related to intervention in, and prevention of, domestic violence; or (IX) services related to the provision of assistance for housing under Federal law.", "id": "idD27916D5E1E449AE9B8FE74DCA9FF00E", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 2000bb et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000bb" }, { "text": "42 U.S.C. 2000cc–5", "legal-doc": "usc", "parsable-cite": "usc/42/2000cc-5" } ] } ], "links": [ { "text": "42 U.S.C. 2000e et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000e" }, { "text": "42 U.S.C. 2000e–1(a)", "legal-doc": "usc", "parsable-cite": "usc/42/2000e-1" }, { "text": "42 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/3601" }, { "text": "20 U.S.C. 1681 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1681" }, { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" }, { "text": "42 U.S.C. 2000bb et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000bb" }, { "text": "42 U.S.C. 2000cc et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000cc" }, { "text": "42 U.S.C. 2000bb et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000bb" }, { "text": "42 U.S.C. 2000cc–5", "legal-doc": "usc", "parsable-cite": "usc/42/2000cc-5" } ] } ]

[ "Accounting and auditing", "Civil actions and liability", "Federal preemption", "First Amendment rights", "Religion", "Social work, volunteer service, charitable organizations" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the America's Red Rock Wilderness Act. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings. Sec. 4. Purposes. TITLE I—Designation of wilderness areas Sec. 101. Great Basin Wilderness Areas. Sec. 102. Grand Staircase-Escalante Wilderness Areas. Sec. 103. Moab-La Sal Canyons Wilderness Areas. Sec. 104. Henry Mountains Wilderness Areas. Sec. 105. Glen Canyon Wilderness Areas. Sec. 106. San Juan Wilderness Areas. Sec. 107. Canyonlands Basin Wilderness Areas. Sec. 108. San Rafael Swell Wilderness Areas. Sec. 109. Book Cliffs–Greater Dinosaur Wilderness Areas. TITLE II—Administrative provisions Sec. 201. General provisions. Sec. 202. Administration. Sec. 203. State school trust land within wilderness areas. Sec. 204. Water. Sec. 205. Roads. Sec. 206. Livestock. Sec. 207. Fish and wildlife. Sec. 208. Protection of Tribal rights. Sec. 209. Management of newly acquired land. Sec. 210. Withdrawal.", "id": "S1", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the America's Red Rock Wilderness Act.", "id": "idBC7B7C20BACA4FDFBA3D41F7A0FACBAD", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings. Sec. 4. Purposes. TITLE I—Designation of wilderness areas Sec. 101. Great Basin Wilderness Areas. Sec. 102. Grand Staircase-Escalante Wilderness Areas. Sec. 103. Moab-La Sal Canyons Wilderness Areas. Sec. 104. Henry Mountains Wilderness Areas. Sec. 105. Glen Canyon Wilderness Areas. Sec. 106. San Juan Wilderness Areas. Sec. 107. Canyonlands Basin Wilderness Areas. Sec. 108. San Rafael Swell Wilderness Areas. Sec. 109. Book Cliffs–Greater Dinosaur Wilderness Areas. TITLE II—Administrative provisions Sec. 201. General provisions. Sec. 202. Administration. Sec. 203. State school trust land within wilderness areas. Sec. 204. Water. Sec. 205. Roads. Sec. 206. Livestock. Sec. 207. Fish and wildlife. Sec. 208. Protection of Tribal rights. Sec. 209. Management of newly acquired land. Sec. 210. Withdrawal.", "id": "id125a262913014c5ab45d4ca48e812a16", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Secretary \nThe term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. (2) State \nThe term State means the State of Utah.", "id": "id65C8C210C4F848C0A3C3900E8CCD98D6", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Findings \nCongress finds that— (1) the land designated as wilderness by this Act is one of the largest remaining expanses of unprotected, wild public land in the continental United States; (2) the designation of wilderness by this Act would— (A) increase landscape connectivity in the Colorado Plateau; and (B) help to mitigate the impacts of climate change by— (i) providing critical refugia; (ii) reducing surface disturbances that exacerbate the impacts of climate change; (iii) reducing greenhouse gas emissions related to the extraction and use of fossil fuels; and (iv) contributing to the goal of protecting 30 percent of global land and waters by 2030; (3) the land designated as wilderness by this Act is— (A) a living cultural landscape; (B) a place of refuge for wild nature; and (C) an important part of Indigenous and non-Indigenous community values; (4) Indian Tribes have been present on the land designated as wilderness by this Act since time immemorial, using the plant, animal, landform, and spiritual values for sustenance and cultural, medicinal, and ceremonial activities, purposes for which Indigenous people continue to use the land; and (5) the designation of wilderness by this Act— (A) is vital to the continuation and revitalization of Indigenous cultures; and (B) serves to protect places of Indigenous use and sanctuary.", "id": "id9d11d14544a840909423b8cc1f889796", "header": "Findings", "nested": [], "links": [] }, { "text": "4. Purposes \nThe purposes of this Act are— (1) to designate as wilderness certain Federal portions of the red rock canyons of the Colorado Plateau and the Great Basin Deserts in the State of Utah for the benefit of present and future generations of people in the United States; (2) to protect the cultural, ecological, and scenic values of land designated as wilderness by this Act for the benefit, use, and enjoyment of present and future generations of people in the United States; and (3) to protect the ability of Indigenous and non-Indigenous people to use the land designated as wilderness by this Act for traditional activities, including hunting, fishing, hiking, horsepacking, camping, and spirituality as people have used the land for generations.", "id": "id92be3722aed94d25ac0365645e1d10ea", "header": "Purposes", "nested": [], "links": [] }, { "text": "101. Great Basin Wilderness Areas \n(a) Findings \nCongress finds that— (1) the Great Basin region of western Utah is comprised of starkly beautiful mountain ranges that rise as islands from the desert floor; (2) the Wah Wah Mountains in the Great Basin region are arid and austere, with massive cliff faces and leathery slopes speckled with piñon and juniper; (3) the Pilot Range and Stansbury Mountains in the Great Basin region are high enough to draw moisture from passing clouds and support ecosystems found nowhere else on earth; (4) from bristlecone pine, the world’s oldest living organism, to newly flowered mountain meadows, mountains of the Great Basin region are islands of nature that— (A) support remarkable biological diversity; and (B) provide opportunities to experience the colossal silence of the Great Basin; and (5) the Great Basin region of western Utah should be protected and managed to ensure the preservation of the natural conditions of the region. (b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Bald Eagle Mountain (approximately 9,000 acres). (2) Barn Hills (approximately 21,000 acres). (3) Big Hollow (approximately 4,100 acres). (4) Black Hills (approximately 8,750 acres). (5) Broken Ridge (approximately 9,250 acres). (6) Bullgrass Knoll (approximately 15,750 acres). (7) Burbank Hills (approximately 17,000 acres). (8) Burbank Pass (approximately 30,000 acres). (9) Chalk Knolls (approximately 16,500 acres). (10) Cobb Peak (approximately 8,500 acres). (11) Conger Mountain (approximately 21,750 acres). (12) Crater Bench (approximately 35,000 acres). (13) Crater Island East (approximately 53,000 acres). (14) Crater Island West (approximately 30,000 acres). (15) Cricket Mountain (approximately 16,500 acres). (16) Crook Creek (approximately 20,000 acres). (17) Deep Creek Mountains (approximately 127,000 acres). (18) Disappointment Hills (approximately 24,000 acres). (19) Drum Mountains (approximately 14,500 acres). (20) Dugway Mountains (approximately 24,500 acres). (21) Fish Springs Range (approximately 65,000 acres). (22) Granite Mountain (approximately 19,250 acres). (23) Granite Peak (approximately 19,500 acres). (24) Grassy Mountains North (approximately 8,500 acres). (25) Grassy Mountains South (approximately 16,500 acres). (26) Hamlin (approximately 13,750 acres). (27) Headlight Mountain (approximately 6,000 acres). (28) Howell Peak (approximately 28,750 acres). (29) Indian Peaks (approximately 15,750 acres). (30) Jackson Wash (approximately 18,500 acres). (31) Juniper (approximately 17,500 acres). (32) Keg Mountains East (approximately 19,500 acres). (33) Keg Mountains West (approximately 19,250 acres). (34) Kern Mountains (approximately 15,000 acres). (35) King Top (approximately 111,500 acres). (36) Ledger Canyon (approximately 8,900 acres). (37) Lion Peak (approximately 27,500 acres). (38) Little Drum Mountains North (approximately 14,000 acres). (39) Little Drum Mountains South (approximately 10,000 acres). (40) Mahogany Peak (approximately 750 acres). (41) Middle Burbank Hills (approximately 6,750 acres). (42) Middle Mountains (approximately 39,750 acres). (43) Mount Escalante (approximately 17,500 acres). (44) Mountain Home Range North (approximately 21,500 acres). (45) Mountain Home Range South (approximately 32,750 acres). (46) Needle Mountains (approximately 12,000 acres). (47) Newfoundland Mountains (approximately 24,500 acres). (48) North Peaks (approximately 9,400 acres). (49) North Stansbury Mountains (approximately 20,500 acres). (50) Notch Peak (approximately 72,000 acres). (51) Notch View (approximately 8,000 acres). (52) Ochre Mountain (approximately 13,500 acres). (53) Oquirrh Mountains (approximately 8,900 acres). (54) Orr Ridge (approximately 11,000 acres). (55) Painted Rock (approximately 26,500 acres). (56) Paradise Mountain (approximately 40,000 acres). (57) Pilot Mountains Central (approximately 8,000 acres). (58) Pilot Peak (approximately 30,250 acres). (59) Red Canyon (approximately 15,500 acres). (60) Red Tops (approximately 28,000 acres). (61) San Francisco Mountains (approximately 39,750 acres). (62) Silver Island Mountains (approximately 37,500 acres). (63) Snake Valley (approximately 66,250 acres). (64) Spring Creek Canyon (approximately 5,250 acres). (65) Stansbury Island (approximately 10,000 acres). (66) Steamboat Mountain (approximately 40,250 acres). (67) Swasey Peak (approximately 91,000 acres). (68) The Toad (approximately 11,250 acres). (69) Thomas Range (approximately 41,000 acres). (70) Tule Valley (approximately 102,000 acres). (71) Tule Valley South (approximately 19,000 acres). (72) Tunnel Springs (approximately 23,000 acres). (73) Wah Wah Mountains Central (approximately 61,000 acres). (74) Wah Wah Mountains North (approximately 93,500 acres). (75) Wah Wah Mountains South (approximately 18,000 acres). (76) White Rock Range (approximately 5,000 acres). (77) Wild Horse Pass (approximately 35,750 acres).", "id": "idCC380B8BC944488E99ED1A0D8F978C00", "header": "Great Basin Wilderness Areas", "nested": [ { "text": "(a) Findings \nCongress finds that— (1) the Great Basin region of western Utah is comprised of starkly beautiful mountain ranges that rise as islands from the desert floor; (2) the Wah Wah Mountains in the Great Basin region are arid and austere, with massive cliff faces and leathery slopes speckled with piñon and juniper; (3) the Pilot Range and Stansbury Mountains in the Great Basin region are high enough to draw moisture from passing clouds and support ecosystems found nowhere else on earth; (4) from bristlecone pine, the world’s oldest living organism, to newly flowered mountain meadows, mountains of the Great Basin region are islands of nature that— (A) support remarkable biological diversity; and (B) provide opportunities to experience the colossal silence of the Great Basin; and (5) the Great Basin region of western Utah should be protected and managed to ensure the preservation of the natural conditions of the region.", "id": "idd1e62ece84df422eb8206724cbcd99fd", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Bald Eagle Mountain (approximately 9,000 acres). (2) Barn Hills (approximately 21,000 acres). (3) Big Hollow (approximately 4,100 acres). (4) Black Hills (approximately 8,750 acres). (5) Broken Ridge (approximately 9,250 acres). (6) Bullgrass Knoll (approximately 15,750 acres). (7) Burbank Hills (approximately 17,000 acres). (8) Burbank Pass (approximately 30,000 acres). (9) Chalk Knolls (approximately 16,500 acres). (10) Cobb Peak (approximately 8,500 acres). (11) Conger Mountain (approximately 21,750 acres). (12) Crater Bench (approximately 35,000 acres). (13) Crater Island East (approximately 53,000 acres). (14) Crater Island West (approximately 30,000 acres). (15) Cricket Mountain (approximately 16,500 acres). (16) Crook Creek (approximately 20,000 acres). (17) Deep Creek Mountains (approximately 127,000 acres). (18) Disappointment Hills (approximately 24,000 acres). (19) Drum Mountains (approximately 14,500 acres). (20) Dugway Mountains (approximately 24,500 acres). (21) Fish Springs Range (approximately 65,000 acres). (22) Granite Mountain (approximately 19,250 acres). (23) Granite Peak (approximately 19,500 acres). (24) Grassy Mountains North (approximately 8,500 acres). (25) Grassy Mountains South (approximately 16,500 acres). (26) Hamlin (approximately 13,750 acres). (27) Headlight Mountain (approximately 6,000 acres). (28) Howell Peak (approximately 28,750 acres). (29) Indian Peaks (approximately 15,750 acres). (30) Jackson Wash (approximately 18,500 acres). (31) Juniper (approximately 17,500 acres). (32) Keg Mountains East (approximately 19,500 acres). (33) Keg Mountains West (approximately 19,250 acres). (34) Kern Mountains (approximately 15,000 acres). (35) King Top (approximately 111,500 acres). (36) Ledger Canyon (approximately 8,900 acres). (37) Lion Peak (approximately 27,500 acres). (38) Little Drum Mountains North (approximately 14,000 acres). (39) Little Drum Mountains South (approximately 10,000 acres). (40) Mahogany Peak (approximately 750 acres). (41) Middle Burbank Hills (approximately 6,750 acres). (42) Middle Mountains (approximately 39,750 acres). (43) Mount Escalante (approximately 17,500 acres). (44) Mountain Home Range North (approximately 21,500 acres). (45) Mountain Home Range South (approximately 32,750 acres). (46) Needle Mountains (approximately 12,000 acres). (47) Newfoundland Mountains (approximately 24,500 acres). (48) North Peaks (approximately 9,400 acres). (49) North Stansbury Mountains (approximately 20,500 acres). (50) Notch Peak (approximately 72,000 acres). (51) Notch View (approximately 8,000 acres). (52) Ochre Mountain (approximately 13,500 acres). (53) Oquirrh Mountains (approximately 8,900 acres). (54) Orr Ridge (approximately 11,000 acres). (55) Painted Rock (approximately 26,500 acres). (56) Paradise Mountain (approximately 40,000 acres). (57) Pilot Mountains Central (approximately 8,000 acres). (58) Pilot Peak (approximately 30,250 acres). (59) Red Canyon (approximately 15,500 acres). (60) Red Tops (approximately 28,000 acres). (61) San Francisco Mountains (approximately 39,750 acres). (62) Silver Island Mountains (approximately 37,500 acres). (63) Snake Valley (approximately 66,250 acres). (64) Spring Creek Canyon (approximately 5,250 acres). (65) Stansbury Island (approximately 10,000 acres). (66) Steamboat Mountain (approximately 40,250 acres). (67) Swasey Peak (approximately 91,000 acres). (68) The Toad (approximately 11,250 acres). (69) Thomas Range (approximately 41,000 acres). (70) Tule Valley (approximately 102,000 acres). (71) Tule Valley South (approximately 19,000 acres). (72) Tunnel Springs (approximately 23,000 acres). (73) Wah Wah Mountains Central (approximately 61,000 acres). (74) Wah Wah Mountains North (approximately 93,500 acres). (75) Wah Wah Mountains South (approximately 18,000 acres). (76) White Rock Range (approximately 5,000 acres). (77) Wild Horse Pass (approximately 35,750 acres).", "id": "id31c931072a4e4d4da02d77eefb284008", "header": "Designation", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] } ], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "102. Grand Staircase-Escalante Wilderness Areas \n(a) Grand Staircase area \n(1) Findings \nCongress finds that— (A) the area known as the Grand Staircase rises more than 6,000 feet in a series of great cliffs and plateaus from the depths of the Grand Canyon to the forested rim of Bryce Canyon; (B) the Grand Staircase— (i) spans 6 major life zones, from the lower Sonoran Desert to the alpine forest; and (ii) encompasses geologic formations that display 3,000,000,000 years of Earth’s history; (C) land managed by the Secretary forms a vital natural corridor connecting the deserts and forests of the surrounding landscape, which includes Grand Canyon National Park and Bryce Canyon National Park; (D) each of the areas described in paragraph (2) (other than East of Bryce, Moquith Mountain, Bunting Point, Canaan Mountain, Orderville Canyon, Parunuweap Canyon, Vermillion Cliffs, and the majority of Upper Kanab Creek) is located within the Grand Staircase-Escalante National Monument, as established in 1996; and (E) the Grand Staircase in Utah should be protected and managed as a wilderness area. (2) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (A) Bryce Boot (approximately 2,800 acres). (B) Bryce View (approximately 4,500 acres). (C) Bunting Point (approximately 11,500 acres). (D) Canaan Mountain (approximately 15,250 acres). (E) East of Bryce (approximately 850 acres). (F) Glass Eye Canyon (approximately 25,500 acres). (G) Ladder Canyon (approximately 14,500 acres). (H) Moquith Mountain (approximately 15,750 acres). (I) Nephi Point (approximately 14,750 acres). (J) Orderville Canyon (approximately 8,000 acres). (K) Paria-Hackberry (approximately 196,000 acres). (L) Paria Wilderness Expansion (approximately 4,000 acres). (M) Parunuweap Canyon (approximately 44,500 acres). (N) Pine Hollow (approximately 11,000 acres). (O) Timber Mountain (approximately 52,750 acres). (P) Upper Kanab Creek (approximately 51,000 acres). (Q) Vermillion Cliffs (approximately 25,000 acres). (R) Willis Creek (approximately 22,000 acres). (b) Kaiparowits Plateau \n(1) Findings \nCongress finds that— (A) the Kaiparowits Plateau east of the Paria River is one of the most rugged and isolated wilderness regions in the United States; (B) the Kaiparowits Plateau, a windswept land of harsh beauty, contains distant vistas and a remarkable variety of plant and animal species; (C) ancient forests, an abundance of big game animals, and 22 species of raptors thrive undisturbed on the grassland mesa tops of the Kaiparowits Plateau; (D) each of the areas described in paragraph (2) (other than Heaps Canyon, Little Valley, and Wide Hollow) is located within the Grand Staircase-Escalante National Monument, as established in 1996; and (E) the Kaiparowits Plateau should be protected and managed as a wilderness area. (2) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (A) Andalex Not (approximately 18,000 acres). (B) Box Canyon (approximately 3,000 acres). (C) Burning Hills (approximately 81,500 acres). (D) Canaan Peak Slopes (approximately 2,500 acres). (E) Carcass Canyon (approximately 84,750 acres). (F) Fiftymile Bench (approximately 12,750 acres). (G) Fiftymile Mountain (approximately 207,000 acres). (H) Heaps Canyon (approximately 4,000 acres). (I) Horse Spring Canyon (approximately 32,000 acres). (J) Kodachrome Headlands (approximately 9,750 acres). (K) Little Valley Canyon (approximately 4,100 acres). (L) Mud Spring Canyon (approximately 65,750 acres). (M) Nipple Bench (approximately 31,750 acres). (N) Paradise Canyon-Wahweap (approximately 266,500 acres). (O) Rock Cove (approximately 17,000 acres). (P) The Blues (approximately 22,000 acres). (Q) The Cockscomb (approximately 11,750 acres). (R) Warm Creek (approximately 24,000 acres). (S) Wide Hollow (approximately 7,700 acres). (c) Escalante Canyons \n(1) Findings \nCongress finds that— (A) glens and coves carved in massive sandstone cliffs, spring-watered hanging gardens, and the silence of ancient ruins are examples of the unique features that entice hikers, campers, and sightseers from around the world to the Escalante Canyons; (B) the Escalante Canyons link the spruce fir forests of the 11,000-foot Aquarius Plateau with the winding slickrock canyons that flow into Glen Canyon; (C) the Escalante Canyons, one of Utah’s most popular natural areas, contains critical habitat for deer, elk, and wild bighorn sheep that also enhances the scenic integrity of the area; (D) each of the areas described in paragraph (2) is located within the Grand Staircase-Escalante National Monument, as established in 1996; and (E) the Escalante Canyons should be protected and managed as a wilderness area. (2) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (A) Colt Mesa (approximately 28,250 acres). (B) Death Hollow (approximately 49,750 acres). (C) Forty Mile Gulch (approximately 7,600 acres). (D) Lampstand (approximately 11,500 acres). (E) Muley Twist Flank (approximately 3,750 acres). (F) North Escalante Canyons (approximately 182,000 acres). (G) Pioneer Mesa (approximately 11,000 acres). (H) Scorpion (approximately 61,250 acres). (I) Sooner Bench (approximately 500 acres). (J) Steep Creek (approximately 35,750 acres). (K) Studhorse Peaks (approximately 24,000 acres).", "id": "id41c9b2c2e29e48598e031dd12d2272eb", "header": "Grand Staircase-Escalante Wilderness Areas", "nested": [ { "text": "(a) Grand Staircase area \n(1) Findings \nCongress finds that— (A) the area known as the Grand Staircase rises more than 6,000 feet in a series of great cliffs and plateaus from the depths of the Grand Canyon to the forested rim of Bryce Canyon; (B) the Grand Staircase— (i) spans 6 major life zones, from the lower Sonoran Desert to the alpine forest; and (ii) encompasses geologic formations that display 3,000,000,000 years of Earth’s history; (C) land managed by the Secretary forms a vital natural corridor connecting the deserts and forests of the surrounding landscape, which includes Grand Canyon National Park and Bryce Canyon National Park; (D) each of the areas described in paragraph (2) (other than East of Bryce, Moquith Mountain, Bunting Point, Canaan Mountain, Orderville Canyon, Parunuweap Canyon, Vermillion Cliffs, and the majority of Upper Kanab Creek) is located within the Grand Staircase-Escalante National Monument, as established in 1996; and (E) the Grand Staircase in Utah should be protected and managed as a wilderness area. (2) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (A) Bryce Boot (approximately 2,800 acres). (B) Bryce View (approximately 4,500 acres). (C) Bunting Point (approximately 11,500 acres). (D) Canaan Mountain (approximately 15,250 acres). (E) East of Bryce (approximately 850 acres). (F) Glass Eye Canyon (approximately 25,500 acres). (G) Ladder Canyon (approximately 14,500 acres). (H) Moquith Mountain (approximately 15,750 acres). (I) Nephi Point (approximately 14,750 acres). (J) Orderville Canyon (approximately 8,000 acres). (K) Paria-Hackberry (approximately 196,000 acres). (L) Paria Wilderness Expansion (approximately 4,000 acres). (M) Parunuweap Canyon (approximately 44,500 acres). (N) Pine Hollow (approximately 11,000 acres). (O) Timber Mountain (approximately 52,750 acres). (P) Upper Kanab Creek (approximately 51,000 acres). (Q) Vermillion Cliffs (approximately 25,000 acres). (R) Willis Creek (approximately 22,000 acres).", "id": "idf63c270531d24b8ca824cbae3813b271", "header": "Grand Staircase area", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "(b) Kaiparowits Plateau \n(1) Findings \nCongress finds that— (A) the Kaiparowits Plateau east of the Paria River is one of the most rugged and isolated wilderness regions in the United States; (B) the Kaiparowits Plateau, a windswept land of harsh beauty, contains distant vistas and a remarkable variety of plant and animal species; (C) ancient forests, an abundance of big game animals, and 22 species of raptors thrive undisturbed on the grassland mesa tops of the Kaiparowits Plateau; (D) each of the areas described in paragraph (2) (other than Heaps Canyon, Little Valley, and Wide Hollow) is located within the Grand Staircase-Escalante National Monument, as established in 1996; and (E) the Kaiparowits Plateau should be protected and managed as a wilderness area. (2) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (A) Andalex Not (approximately 18,000 acres). (B) Box Canyon (approximately 3,000 acres). (C) Burning Hills (approximately 81,500 acres). (D) Canaan Peak Slopes (approximately 2,500 acres). (E) Carcass Canyon (approximately 84,750 acres). (F) Fiftymile Bench (approximately 12,750 acres). (G) Fiftymile Mountain (approximately 207,000 acres). (H) Heaps Canyon (approximately 4,000 acres). (I) Horse Spring Canyon (approximately 32,000 acres). (J) Kodachrome Headlands (approximately 9,750 acres). (K) Little Valley Canyon (approximately 4,100 acres). (L) Mud Spring Canyon (approximately 65,750 acres). (M) Nipple Bench (approximately 31,750 acres). (N) Paradise Canyon-Wahweap (approximately 266,500 acres). (O) Rock Cove (approximately 17,000 acres). (P) The Blues (approximately 22,000 acres). (Q) The Cockscomb (approximately 11,750 acres). (R) Warm Creek (approximately 24,000 acres). (S) Wide Hollow (approximately 7,700 acres).", "id": "idfecb898eca894af0a857b83e0670c43d", "header": "Kaiparowits Plateau", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "(c) Escalante Canyons \n(1) Findings \nCongress finds that— (A) glens and coves carved in massive sandstone cliffs, spring-watered hanging gardens, and the silence of ancient ruins are examples of the unique features that entice hikers, campers, and sightseers from around the world to the Escalante Canyons; (B) the Escalante Canyons link the spruce fir forests of the 11,000-foot Aquarius Plateau with the winding slickrock canyons that flow into Glen Canyon; (C) the Escalante Canyons, one of Utah’s most popular natural areas, contains critical habitat for deer, elk, and wild bighorn sheep that also enhances the scenic integrity of the area; (D) each of the areas described in paragraph (2) is located within the Grand Staircase-Escalante National Monument, as established in 1996; and (E) the Escalante Canyons should be protected and managed as a wilderness area. (2) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (A) Colt Mesa (approximately 28,250 acres). (B) Death Hollow (approximately 49,750 acres). (C) Forty Mile Gulch (approximately 7,600 acres). (D) Lampstand (approximately 11,500 acres). (E) Muley Twist Flank (approximately 3,750 acres). (F) North Escalante Canyons (approximately 182,000 acres). (G) Pioneer Mesa (approximately 11,000 acres). (H) Scorpion (approximately 61,250 acres). (I) Sooner Bench (approximately 500 acres). (J) Steep Creek (approximately 35,750 acres). (K) Studhorse Peaks (approximately 24,000 acres).", "id": "idbc5737e0c87943ddb2d7d38e609b811e", "header": "Escalante Canyons", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] } ], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "103. Moab-La Sal Canyons Wilderness Areas \n(a) Findings \nCongress finds that— (1) the canyons surrounding the La Sal Mountains and the town of Moab offer a variety of extraordinary landscapes; (2) outstanding examples of natural formations and landscapes in the Moab-La Sal Canyons area include the huge sandstone fins of Behind the Rocks, the mysterious Fisher Towers, and the whitewater rapids of Westwater Canyon; and (3) the Moab-La Sal Canyons should be protected and managed as a wilderness area. (b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Arches National Park Adjacents (approximately 8,900 acres). (2) Beaver Creek (approximately 45,000 acres). (3) Behind the Rocks (approximately 19,500 acres). (4) Big Triangle (approximately 21,500 acres). (5) Coyote Wash (approximately 27,000 acres). (6) Dome Plateau (approximately 36,750 acres). (7) Fisher Towers (approximately 19,000 acres). (8) Goldbar Canyon (approximately 9,500 acres). (9) Granite Creek (approximately 5,000 acres). (10) Hunter Canyon (approximately 5,500 acres). (11) Mary Jane Canyon (approximately 28,500 acres). (12) Mill Creek (approximately 17,250 acres). (13) Morning Glory (approximately 11,000 acres). (14) Porcupine Rim (approximately 10,500 acres). (15) Renegade Point (approximately 6,250 acres). (16) Westwater Canyon (approximately 39,000 acres). (17) Yellow Bird (approximately 4,600 acres).", "id": "id20ead594fa8344659c4abc6f7b966694", "header": "Moab-La Sal Canyons Wilderness Areas", "nested": [ { "text": "(a) Findings \nCongress finds that— (1) the canyons surrounding the La Sal Mountains and the town of Moab offer a variety of extraordinary landscapes; (2) outstanding examples of natural formations and landscapes in the Moab-La Sal Canyons area include the huge sandstone fins of Behind the Rocks, the mysterious Fisher Towers, and the whitewater rapids of Westwater Canyon; and (3) the Moab-La Sal Canyons should be protected and managed as a wilderness area.", "id": "ida5014772e7144acb9d6c1988ac0c933d", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Arches National Park Adjacents (approximately 8,900 acres). (2) Beaver Creek (approximately 45,000 acres). (3) Behind the Rocks (approximately 19,500 acres). (4) Big Triangle (approximately 21,500 acres). (5) Coyote Wash (approximately 27,000 acres). (6) Dome Plateau (approximately 36,750 acres). (7) Fisher Towers (approximately 19,000 acres). (8) Goldbar Canyon (approximately 9,500 acres). (9) Granite Creek (approximately 5,000 acres). (10) Hunter Canyon (approximately 5,500 acres). (11) Mary Jane Canyon (approximately 28,500 acres). (12) Mill Creek (approximately 17,250 acres). (13) Morning Glory (approximately 11,000 acres). (14) Porcupine Rim (approximately 10,500 acres). (15) Renegade Point (approximately 6,250 acres). (16) Westwater Canyon (approximately 39,000 acres). (17) Yellow Bird (approximately 4,600 acres).", "id": "id0cf9fc8ea7b64855abea98365d7622c8", "header": "Designation", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] } ], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "104. Henry Mountains Wilderness Areas \n(a) Findings \nCongress finds that— (1) the Henry Mountain Range, the last mountain range to be discovered and named by early explorers in the contiguous United States, still retains a wild and undiscovered quality; (2) fluted badlands that surround the flanks of 11,000-foot Mounts Ellen and Pennell contain areas of critical habitat for mule deer and for the largest herd of free-roaming buffalo in the United States; (3) despite their relative accessibility, the Henry Mountain Range remains one of the wildest, least-known ranges in the United States; and (4) the Henry Mountain Range should be protected and managed to ensure the preservation of the range as a wilderness area. (b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Bull Mountain (approximately 16,000 acres). (2) Bullfrog Creek (approximately 42,000 acres). (3) Dogwater Creek (approximately 4,900 acres). (4) Fremont Gorge (approximately 22,000 acres). (5) Long Canyon (approximately 16,500 acres). (6) Mount Ellen-Blue Hills (approximately 14,750 acres). (7) Mount Hillers (approximately 20,250 acres). (8) Mount Pennell (approximately 155,500 acres). (9) Notom Bench (approximately 6,250 acres). (10) Ragged Mountain (approximately 29,250 acres).", "id": "ide216682ae96c4f96b57687428c0ef23e", "header": "Henry Mountains Wilderness Areas", "nested": [ { "text": "(a) Findings \nCongress finds that— (1) the Henry Mountain Range, the last mountain range to be discovered and named by early explorers in the contiguous United States, still retains a wild and undiscovered quality; (2) fluted badlands that surround the flanks of 11,000-foot Mounts Ellen and Pennell contain areas of critical habitat for mule deer and for the largest herd of free-roaming buffalo in the United States; (3) despite their relative accessibility, the Henry Mountain Range remains one of the wildest, least-known ranges in the United States; and (4) the Henry Mountain Range should be protected and managed to ensure the preservation of the range as a wilderness area.", "id": "id790e1701fa7b4c87888e248abc4e8088", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Bull Mountain (approximately 16,000 acres). (2) Bullfrog Creek (approximately 42,000 acres). (3) Dogwater Creek (approximately 4,900 acres). (4) Fremont Gorge (approximately 22,000 acres). (5) Long Canyon (approximately 16,500 acres). (6) Mount Ellen-Blue Hills (approximately 14,750 acres). (7) Mount Hillers (approximately 20,250 acres). (8) Mount Pennell (approximately 155,500 acres). (9) Notom Bench (approximately 6,250 acres). (10) Ragged Mountain (approximately 29,250 acres).", "id": "id1a0f248346464492a2df8fd5c543a3a2", "header": "Designation", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] } ], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "105. Glen Canyon Wilderness Areas \n(a) Findings \nCongress finds that— (1) the side canyons of Glen Canyon, including the Dirty Devil River and the Red, White and Blue Canyons, contain some of the most remote and outstanding landscapes in southern Utah; (2) the Dirty Devil River, once the fortress hideout of outlaw Butch Cassidy’s Wild Bunch, has sculpted a maze of slickrock canyons through an imposing landscape of monoliths and inaccessible mesas; (3) the Red and Blue Canyons contain colorful Chinle/Moenkopi badlands found nowhere else in the region; (4) Dark Canyon, Fort Knocker, Tuwa Canyon, Upper Red Canyon, White Canyon, and a portion of Red Rock Plateau are located within the Bears Ears National Monument, as established in 2016; and (5) the canyons of Glen Canyon in the State should be protected and managed as wilderness areas. (b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Cane Spring Desert (approximately 18,250 acres). (2) Copper Point (approximately 4,400 acres). (3) Dark Canyon (approximately 139,000 acres). (4) Dirty Devil (approximately 245,000 acres). (5) Fiddler Butte (approximately 93,000 acres). (6) Flat Tops (approximately 29,750 acres). (7) Fort Knocker (approximately 12,500 acres). (8) Little Rockies (approximately 64,000 acres). (9) Pleasant Creek Bench (approximately 1,000 acres). (10) Red Rock Plateau (approximately 185,500 acres). (11) The Needle (approximately 10,750 acres). (12) Tuwa Canyon (approximately 9,750 acres). (13) Upper Red Canyon (approximately 25,000 acres). (14) White Canyon (approximately 78,000 acres).", "id": "idf413a22a21074166adfa5eb6a9f0bf68", "header": "Glen Canyon Wilderness Areas", "nested": [ { "text": "(a) Findings \nCongress finds that— (1) the side canyons of Glen Canyon, including the Dirty Devil River and the Red, White and Blue Canyons, contain some of the most remote and outstanding landscapes in southern Utah; (2) the Dirty Devil River, once the fortress hideout of outlaw Butch Cassidy’s Wild Bunch, has sculpted a maze of slickrock canyons through an imposing landscape of monoliths and inaccessible mesas; (3) the Red and Blue Canyons contain colorful Chinle/Moenkopi badlands found nowhere else in the region; (4) Dark Canyon, Fort Knocker, Tuwa Canyon, Upper Red Canyon, White Canyon, and a portion of Red Rock Plateau are located within the Bears Ears National Monument, as established in 2016; and (5) the canyons of Glen Canyon in the State should be protected and managed as wilderness areas.", "id": "id079609a906544807aa587e961e4422ad", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Cane Spring Desert (approximately 18,250 acres). (2) Copper Point (approximately 4,400 acres). (3) Dark Canyon (approximately 139,000 acres). (4) Dirty Devil (approximately 245,000 acres). (5) Fiddler Butte (approximately 93,000 acres). (6) Flat Tops (approximately 29,750 acres). (7) Fort Knocker (approximately 12,500 acres). (8) Little Rockies (approximately 64,000 acres). (9) Pleasant Creek Bench (approximately 1,000 acres). (10) Red Rock Plateau (approximately 185,500 acres). (11) The Needle (approximately 10,750 acres). (12) Tuwa Canyon (approximately 9,750 acres). (13) Upper Red Canyon (approximately 25,000 acres). (14) White Canyon (approximately 78,000 acres).", "id": "id2a0c9dd305d741068bec37da03f9fc3d", "header": "Designation", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] } ], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "106. San Juan Wilderness Areas \n(a) Findings \nCongress finds that— (1) more than 1,000 years ago, Indigenous culture flourished in the slickrock canyons and on the piñon-covered mesas of southeastern Utah; (2) evidence of the presence of Indigenous people pervades the Cedar Mesa area of the San Juan area where cliff dwellings, rock art, and ceremonial kivas are found in sandstone overhangs and isolated benchlands; (3) the Cedar Mesa area is in need of protection from the vandalism and theft of its unique cultural resources; (4) the Cedar Mesa wilderness areas should be created to protect both the archaeological heritage and the extraordinary wilderness, scenic, and ecological values of the United States; (5) each of the areas described in subsection (b) (other than Cross Canyon, Monument Canyon, Tin Cup Mesa, and most of Nokai Dome and San Juan River) are located within the Bears Ears National Monument, as established in 2016; and (6) the San Juan area should be protected and managed as a wilderness area to ensure the preservation of the unique and valuable resources of that area. (b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Allen Canyon (approximately 6,500 acres). (2) Arch Canyon (approximately 30,500 acres). (3) Comb Ridge (approximately 16,000 acres). (4) Cross Canyon (approximately 2,400 acres). (5) Fish and Owl Creek Canyons (approximately 74,000 acres). (6) Grand Gulch (approximately 161,250 acres). (7) Hammond Canyon (approximately 4,700 acres). (8) Lime Creek (approximately 5,500 acres). (9) Monument Canyon (approximately 18,000 acres). (10) Nokai Dome (approximately 94,250 acres). (11) Road Canyon (approximately 64,000 acres). (12) San Juan River (approximately 14,750 acres). (13) The Tabernacle (approximately 7,300 acres). (14) Tin Cup Mesa (approximately 26,000 acres). (15) Valley of the Gods (approximately 14,500 acres).", "id": "id279a97498f7542fda5696a76c02f2b22", "header": "San Juan Wilderness Areas", "nested": [ { "text": "(a) Findings \nCongress finds that— (1) more than 1,000 years ago, Indigenous culture flourished in the slickrock canyons and on the piñon-covered mesas of southeastern Utah; (2) evidence of the presence of Indigenous people pervades the Cedar Mesa area of the San Juan area where cliff dwellings, rock art, and ceremonial kivas are found in sandstone overhangs and isolated benchlands; (3) the Cedar Mesa area is in need of protection from the vandalism and theft of its unique cultural resources; (4) the Cedar Mesa wilderness areas should be created to protect both the archaeological heritage and the extraordinary wilderness, scenic, and ecological values of the United States; (5) each of the areas described in subsection (b) (other than Cross Canyon, Monument Canyon, Tin Cup Mesa, and most of Nokai Dome and San Juan River) are located within the Bears Ears National Monument, as established in 2016; and (6) the San Juan area should be protected and managed as a wilderness area to ensure the preservation of the unique and valuable resources of that area.", "id": "id488a736d50bd471585048ca82548d5bf", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Allen Canyon (approximately 6,500 acres). (2) Arch Canyon (approximately 30,500 acres). (3) Comb Ridge (approximately 16,000 acres). (4) Cross Canyon (approximately 2,400 acres). (5) Fish and Owl Creek Canyons (approximately 74,000 acres). (6) Grand Gulch (approximately 161,250 acres). (7) Hammond Canyon (approximately 4,700 acres). (8) Lime Creek (approximately 5,500 acres). (9) Monument Canyon (approximately 18,000 acres). (10) Nokai Dome (approximately 94,250 acres). (11) Road Canyon (approximately 64,000 acres). (12) San Juan River (approximately 14,750 acres). (13) The Tabernacle (approximately 7,300 acres). (14) Tin Cup Mesa (approximately 26,000 acres). (15) Valley of the Gods (approximately 14,500 acres).", "id": "id31d21927266149f39d9f1b3ab989749c", "header": "Designation", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] } ], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "107. Canyonlands Basin Wilderness Areas \n(a) Findings \nCongress finds that— (1) Canyonlands National Park safeguards only a small portion of the extraordinary red-hued, cliff-walled canyonland region of the Colorado Plateau; (2) areas near Canyonlands National Park contain canyons with rushing perennial streams, natural arches, bridges, and towers; (3) the gorges of the Green and Colorado Rivers lie on adjacent land managed by the Secretary; (4) popular overlooks in Canyonlands National Park and Dead Horse Point State Park have views directly into adjacent areas, including Lockhart Basin and Indian Creek; (5) each of the areas described in subsection (b) (other than Dead Horse Cliffs, Horsethief Point, Labyrinth Canyon Wilderness Expansion, San Rafael River, Sweetwater Reef, and a portion of Gooseneck) are located within the Bears Ears National Monument, as established in 2016; and (6) designation of those areas as wilderness would ensure the protection of this erosional masterpiece of nature and of the rich pockets of wildlife found within its expanded boundaries. (b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Bridger Jack Mesa (approximately 33,500 acres). (2) Butler Wash (approximately 27,000 acres). (3) Dead Horse Cliffs (approximately 5,300 acres). (4) Demon’s Playground (approximately 3,600 acres). (5) Gooseneck (approximately 9,400 acres). (6) Hatch Point/Lockhart Basin/Harts Point (approximately 150,500 acres). (7) Horsethief Point (approximately 15,500 acres). (8) Indian Creek (approximately 28,500 acres). (9) Labyrinth Canyon Wilderness Expansion (approximately 157,500 acres). (10) San Rafael River (approximately 103,000 acres). (11) Shay Mountain (approximately 15,500 acres). (12) Sweetwater Reef (approximately 69,250 acres).", "id": "id297F502595BD4F53A2838454982050D7", "header": "Canyonlands Basin Wilderness Areas", "nested": [ { "text": "(a) Findings \nCongress finds that— (1) Canyonlands National Park safeguards only a small portion of the extraordinary red-hued, cliff-walled canyonland region of the Colorado Plateau; (2) areas near Canyonlands National Park contain canyons with rushing perennial streams, natural arches, bridges, and towers; (3) the gorges of the Green and Colorado Rivers lie on adjacent land managed by the Secretary; (4) popular overlooks in Canyonlands National Park and Dead Horse Point State Park have views directly into adjacent areas, including Lockhart Basin and Indian Creek; (5) each of the areas described in subsection (b) (other than Dead Horse Cliffs, Horsethief Point, Labyrinth Canyon Wilderness Expansion, San Rafael River, Sweetwater Reef, and a portion of Gooseneck) are located within the Bears Ears National Monument, as established in 2016; and (6) designation of those areas as wilderness would ensure the protection of this erosional masterpiece of nature and of the rich pockets of wildlife found within its expanded boundaries.", "id": "idf00874b0396e421793be5ce0a87c2ab0", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Bridger Jack Mesa (approximately 33,500 acres). (2) Butler Wash (approximately 27,000 acres). (3) Dead Horse Cliffs (approximately 5,300 acres). (4) Demon’s Playground (approximately 3,600 acres). (5) Gooseneck (approximately 9,400 acres). (6) Hatch Point/Lockhart Basin/Harts Point (approximately 150,500 acres). (7) Horsethief Point (approximately 15,500 acres). (8) Indian Creek (approximately 28,500 acres). (9) Labyrinth Canyon Wilderness Expansion (approximately 157,500 acres). (10) San Rafael River (approximately 103,000 acres). (11) Shay Mountain (approximately 15,500 acres). (12) Sweetwater Reef (approximately 69,250 acres).", "id": "HE186B42E700C4942A0CA9037933F60F9", "header": "Designation", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] } ], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "108. San Rafael Swell Wilderness Areas \n(a) Findings \nCongress finds that— (1) the San Rafael Swell towers above the desert like a castle, ringed by 1,000-foot ramparts of Navajo Sandstone; (2) the highlands of the San Rafael Swell have been fractured by uplift and rendered hollow by erosion over countless millennia, leaving a tremendous basin punctuated by mesas, buttes, and canyons and traversed by sediment-laden desert streams; (3) the mountains within these areas are among Utah’s most valuable habitat for desert bighorn sheep; and (4) the San Rafael Swell area should be protected and managed to ensure its preservation as a wilderness area. (b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Capitol Reef National Park Adjacents (approximately 9,000 acres). (2) Cedar Mountain (approximately 14,750 acres). (3) Devils Canyon Wilderness Expansion (approximately 14,000 acres). (4) Eagle Canyon (approximately 38,500 acres). (5) Factory Butte (approximately 22,250 acres). (6) Hondu Country Wilderness Expansion (approximately 2,500 acres). (7) Jones Bench (approximately 3,400 acres). (8) Limestone Cliffs (approximately 25,500 acres). (9) Lost Spring Wash (approximately 36,500 acres). (10) Mexican Mountain Wilderness Expansion (approximately 24,750 acres). (11) Molen Reef (approximately 32,500 acres). (12) Muddy Creek Wilderness Expansion (approximately 80,750 acres). (13) Mussentuchit Badlands (approximately 25,000 acres). (14) Price River-Humbug (approximately 122,250 acres). (15) Red Desert (approximately 30,750 acres). (16) Rock Canyon (approximately 17,750 acres). (17) San Rafael Knob (approximately 15,000 acres). (18) San Rafael Reef Wilderness Expansion (approximately 53,500 acres). (19) Sids Mountain Wilderness Expansion (approximately 36,750 acres). (20) Upper Muddy Creek (approximately 18,500 acres). (21) Wild Horse Mesa Wilderness Expansion (approximately 56,000 acres).", "id": "ide97dd0ac15a048e89428e70a68364a8d", "header": "San Rafael Swell Wilderness Areas", "nested": [ { "text": "(a) Findings \nCongress finds that— (1) the San Rafael Swell towers above the desert like a castle, ringed by 1,000-foot ramparts of Navajo Sandstone; (2) the highlands of the San Rafael Swell have been fractured by uplift and rendered hollow by erosion over countless millennia, leaving a tremendous basin punctuated by mesas, buttes, and canyons and traversed by sediment-laden desert streams; (3) the mountains within these areas are among Utah’s most valuable habitat for desert bighorn sheep; and (4) the San Rafael Swell area should be protected and managed to ensure its preservation as a wilderness area.", "id": "idc6ac8463745c43c1be0b5e42e81eb5b1", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Capitol Reef National Park Adjacents (approximately 9,000 acres). (2) Cedar Mountain (approximately 14,750 acres). (3) Devils Canyon Wilderness Expansion (approximately 14,000 acres). (4) Eagle Canyon (approximately 38,500 acres). (5) Factory Butte (approximately 22,250 acres). (6) Hondu Country Wilderness Expansion (approximately 2,500 acres). (7) Jones Bench (approximately 3,400 acres). (8) Limestone Cliffs (approximately 25,500 acres). (9) Lost Spring Wash (approximately 36,500 acres). (10) Mexican Mountain Wilderness Expansion (approximately 24,750 acres). (11) Molen Reef (approximately 32,500 acres). (12) Muddy Creek Wilderness Expansion (approximately 80,750 acres). (13) Mussentuchit Badlands (approximately 25,000 acres). (14) Price River-Humbug (approximately 122,250 acres). (15) Red Desert (approximately 30,750 acres). (16) Rock Canyon (approximately 17,750 acres). (17) San Rafael Knob (approximately 15,000 acres). (18) San Rafael Reef Wilderness Expansion (approximately 53,500 acres). (19) Sids Mountain Wilderness Expansion (approximately 36,750 acres). (20) Upper Muddy Creek (approximately 18,500 acres). (21) Wild Horse Mesa Wilderness Expansion (approximately 56,000 acres).", "id": "H1B228B0AC62348CFB3D0B789A750D158", "header": "Designation", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] } ], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "109. Book Cliffs–Greater Dinosaur Wilderness Areas \n(a) Findings \nCongress finds that— (1) the Book Cliffs–Greater Dinosaur Wilderness Areas offer— (A) unique big game hunting opportunities in verdant high-plateau forests; and (B) the opportunity for float trips of several days duration down the Green River in Desolation Canyon; (2) the long rampart of the Book Cliffs bounds the area on the south, while the uplands, plateaus, rivers, and canyons of the Greater Dinosaur area provide connectivity with Dinosaur National Monument and the northernmost extent of the Colorado Plateau; (3) bears, bighorn sheep, cougars, elk, and mule deer flourish in the backcountry of the Book Cliffs; and (4) the Book Cliffs–Greater Dinosaur Wilderness Areas should be protected and managed to ensure the protection of the areas as wilderness. (b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Bad Land Cliffs (approximately 11,500 acres). (2) Beach Draw (approximately 900 acres). (3) Bourdette Draw (approximately 15,750 acres). (4) Bull Canyon (approximately 3,100 acres). (5) Dead Horse Pass (approximately 8,400 acres). (6) Desbrough Canyon (approximately 14,000 acres). (7) Desolation Canyon Wilderness Expansion (approximately 295,000 acres). (8) Diamond Breaks (approximately 8,600 acres). (9) Diamond Canyon (approximately 168,000 acres). (10) Diamond Mountain (approximately 28,000 acres). (11) Goslin Mountain (approximately 3,800 acres). (12) Hideout Canyon (approximately 12,750 acres). (13) Lower Flaming Gorge (approximately 21,000 acres). (14) Mexico Point (approximately 14,750 acres). (15) Moonshine Draw (approximately 10,750 acres). (16) Mountain Home (approximately 8,000 acres). (17) O-Wi-Yu-Kuts (approximately 14,500 acres). (18) Red Creek Badlands (approximately 4,600 acres). (19) Split Mountain Benches (approximately 2,800 acres). (20) Stone Bridge Draw (approximately 3,600 acres). (21) Stuntz Draw (approximately 2,000 acres). (22) Survey Point (approximately 8,700 acres). (23) Turtle Canyon Wilderness Expansion (approximately 9,600 acres). (24) Vivas Cake Hill (approximately 275 acres). (25) Wild Mountain (approximately 700 acres).", "id": "id4706b166cbe8482bbe97fa288e29af7f", "header": "Book Cliffs–Greater Dinosaur Wilderness Areas", "nested": [ { "text": "(a) Findings \nCongress finds that— (1) the Book Cliffs–Greater Dinosaur Wilderness Areas offer— (A) unique big game hunting opportunities in verdant high-plateau forests; and (B) the opportunity for float trips of several days duration down the Green River in Desolation Canyon; (2) the long rampart of the Book Cliffs bounds the area on the south, while the uplands, plateaus, rivers, and canyons of the Greater Dinosaur area provide connectivity with Dinosaur National Monument and the northernmost extent of the Colorado Plateau; (3) bears, bighorn sheep, cougars, elk, and mule deer flourish in the backcountry of the Book Cliffs; and (4) the Book Cliffs–Greater Dinosaur Wilderness Areas should be protected and managed to ensure the protection of the areas as wilderness.", "id": "idc6572b6e38df4e84ab6439b762412554", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Designation \nIn accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Bad Land Cliffs (approximately 11,500 acres). (2) Beach Draw (approximately 900 acres). (3) Bourdette Draw (approximately 15,750 acres). (4) Bull Canyon (approximately 3,100 acres). (5) Dead Horse Pass (approximately 8,400 acres). (6) Desbrough Canyon (approximately 14,000 acres). (7) Desolation Canyon Wilderness Expansion (approximately 295,000 acres). (8) Diamond Breaks (approximately 8,600 acres). (9) Diamond Canyon (approximately 168,000 acres). (10) Diamond Mountain (approximately 28,000 acres). (11) Goslin Mountain (approximately 3,800 acres). (12) Hideout Canyon (approximately 12,750 acres). (13) Lower Flaming Gorge (approximately 21,000 acres). (14) Mexico Point (approximately 14,750 acres). (15) Moonshine Draw (approximately 10,750 acres). (16) Mountain Home (approximately 8,000 acres). (17) O-Wi-Yu-Kuts (approximately 14,500 acres). (18) Red Creek Badlands (approximately 4,600 acres). (19) Split Mountain Benches (approximately 2,800 acres). (20) Stone Bridge Draw (approximately 3,600 acres). (21) Stuntz Draw (approximately 2,000 acres). (22) Survey Point (approximately 8,700 acres). (23) Turtle Canyon Wilderness Expansion (approximately 9,600 acres). (24) Vivas Cake Hill (approximately 275 acres). (25) Wild Mountain (approximately 700 acres).", "id": "id753440c212664913b13b6c7766eb92d2", "header": "Designation", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] } ], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "201. General provisions \n(a) Names of wilderness areas \nEach wilderness area named in title I shall— (1) consist of the quantity of land referenced with respect to that named area, as generally depicted on the map entitled America’s Red Rock Wilderness Act, 118th Congress ; and (2) be known by the name given to it in title I. (b) Map and description \n(1) In general \nAs soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area designated by this Act with— (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law \nA map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Public availability \nEach map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the Office of the Director of the Bureau of Land Management.", "id": "H54ADF4435D6B4A2FBD89896D643BD088", "header": "General provisions", "nested": [ { "text": "(a) Names of wilderness areas \nEach wilderness area named in title I shall— (1) consist of the quantity of land referenced with respect to that named area, as generally depicted on the map entitled America’s Red Rock Wilderness Act, 118th Congress ; and (2) be known by the name given to it in title I.", "id": "HE391C53B735F45FDB55BE9C5A580874B", "header": "Names of wilderness areas", "nested": [], "links": [] }, { "text": "(b) Map and description \n(1) In general \nAs soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area designated by this Act with— (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law \nA map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Public availability \nEach map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the Office of the Director of the Bureau of Land Management.", "id": "HD4C838AB1D914D80A902711205247617", "header": "Map and description", "nested": [], "links": [] } ], "links": [] }, { "text": "202. Administration \nSubject to valid rights in existence on the date of enactment of this Act, each wilderness area designated under this Act shall be administered by the Secretary in accordance with— (1) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (2) the Wilderness Act ( 16 U.S.C. 1131 et seq. ).", "id": "id7552c3bdaafd4474b8c5d6eb25463dde", "header": "Administration", "nested": [], "links": [ { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "203. State school trust land within wilderness areas \n(a) In general \nSubject to subsection (b), if State-owned land is included in an area designated by this Act as a wilderness area, the Secretary shall offer to exchange land owned by the United States in the State of approximately equal value in accordance with section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ) and section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) ). (b) Mineral interests \nThe Secretary shall not transfer any mineral interests under subsection (a) unless the State transfers to the Secretary any mineral interests in land designated by this Act as a wilderness area.", "id": "idde70b5f9a1964329a56bda2aff735a95", "header": "State school trust land within wilderness areas", "nested": [ { "text": "(a) In general \nSubject to subsection (b), if State-owned land is included in an area designated by this Act as a wilderness area, the Secretary shall offer to exchange land owned by the United States in the State of approximately equal value in accordance with section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ) and section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) ).", "id": "id98b0523b72584df8b64fc496dec544b9", "header": "In general", "nested": [], "links": [ { "text": "43 U.S.C. 1782(c)", "legal-doc": "usc", "parsable-cite": "usc/43/1782" }, { "text": "16 U.S.C. 1134(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1134" } ] }, { "text": "(b) Mineral interests \nThe Secretary shall not transfer any mineral interests under subsection (a) unless the State transfers to the Secretary any mineral interests in land designated by this Act as a wilderness area.", "id": "H15C1379F34514ABA91178FD57AE7AB34", "header": "Mineral interests", "nested": [], "links": [] } ], "links": [ { "text": "43 U.S.C. 1782(c)", "legal-doc": "usc", "parsable-cite": "usc/43/1782" }, { "text": "16 U.S.C. 1134(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1134" } ] }, { "text": "204. Water \n(a) Reservation \n(1) Water for wilderness areas \n(A) In general \nWith respect to each wilderness area designated by this Act, Congress reserves a quantity of water determined by the Secretary to be sufficient for the wilderness area. (B) Priority date \nThe priority date of a right reserved under subparagraph (A) shall be the date of enactment of this Act. (2) Protection of rights \nThe Secretary and other officers and employees of the United States shall take any steps necessary to protect the rights reserved by paragraph (1)(A), including the filing of a claim for the quantification of the rights in any present or future appropriate stream adjudication in the courts of the State— (A) in which the United States is or may be joined; and (B) that is conducted in accordance with section 208 of the Department of Justice Appropriation Act, 1953 (66 Stat. 560, chapter 651). (b) Prior rights not affected \nNothing in this Act relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act. (c) Administration \n(1) Specification of rights \nThe Federal water rights reserved by this Act are specific to the wilderness areas designated by this Act. (2) No precedent established \nNothing in this Act related to reserved Federal water rights— (A) shall establish a precedent with regard to any future designation of water rights; or (B) shall affect the interpretation of any other Act or any designation made under any other Act.", "id": "H6C0696D0667C41748C83EED21F7996A9", "header": "Water", "nested": [ { "text": "(a) Reservation \n(1) Water for wilderness areas \n(A) In general \nWith respect to each wilderness area designated by this Act, Congress reserves a quantity of water determined by the Secretary to be sufficient for the wilderness area. (B) Priority date \nThe priority date of a right reserved under subparagraph (A) shall be the date of enactment of this Act. (2) Protection of rights \nThe Secretary and other officers and employees of the United States shall take any steps necessary to protect the rights reserved by paragraph (1)(A), including the filing of a claim for the quantification of the rights in any present or future appropriate stream adjudication in the courts of the State— (A) in which the United States is or may be joined; and (B) that is conducted in accordance with section 208 of the Department of Justice Appropriation Act, 1953 (66 Stat. 560, chapter 651).", "id": "H49226A56C7A44A2FAB071D1415067BA9", "header": "Reservation", "nested": [], "links": [] }, { "text": "(b) Prior rights not affected \nNothing in this Act relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act.", "id": "id7acf2cd4e6f74cd187e7d814de506fe0", "header": "Prior rights not affected", "nested": [], "links": [] }, { "text": "(c) Administration \n(1) Specification of rights \nThe Federal water rights reserved by this Act are specific to the wilderness areas designated by this Act. (2) No precedent established \nNothing in this Act related to reserved Federal water rights— (A) shall establish a precedent with regard to any future designation of water rights; or (B) shall affect the interpretation of any other Act or any designation made under any other Act.", "id": "id5dd1a8992de044eb8358ec5dba665a4c", "header": "Administration", "nested": [], "links": [] } ], "links": [] }, { "text": "205. Roads \n(a) Setbacks \n(1) Measurement in general \nA setback under this section shall be measured from the center line of the road. (2) Wilderness on 1 side of roads \nExcept as provided in subsection (b), a setback for a road with wilderness on only 1 side shall be set at— (A) 300 feet from a paved Federal or State highway; (B) 100 feet from any other paved road or high standard dirt or gravel road; and (C) 30 feet from any other road. (3) Wilderness on both sides of roads \nExcept as provided in subsection (b), a setback for a road with wilderness on both sides (including cherry-stems or roads separating 2 wilderness units) shall be set at— (A) 200 feet from a paved Federal or State highway; (B) 40 feet from any other paved road or high standard dirt or gravel road; and (C) 10 feet from any other roads. (b) Setback exceptions \n(1) Well-defined topographical barriers \nIf, between the road and the boundary of a setback area described in paragraph (2) or (3) of subsection (a), there is a well-defined cliff edge, stream bank, or other topographical barrier, the Secretary shall use the barrier as the wilderness boundary. (2) Fences \nIf, between the road and the boundary of a setback area specified in paragraph (2) or (3) of subsection (a), there is a fence running parallel to a road, the Secretary shall use the fence as the wilderness boundary if, in the opinion of the Secretary, doing so would result in a more manageable boundary. (3) Deviations from setback areas \n(A) Exclusion of disturbances from wilderness boundaries \nIn cases where there is an existing livestock development, dispersed camping area, borrow pit, or similar disturbance within 100 feet of a road that forms part of a wilderness boundary, the Secretary may delineate the boundary so as to exclude the disturbance from the wilderness area. (B) Limitation on exclusion of disturbances \nThe Secretary shall make a boundary adjustment under subparagraph (A) only if the Secretary determines that doing so is consistent with wilderness management goals. (C) Deviations restricted to minimum necessary \nAny deviation under this paragraph from the setbacks required under in paragraph (2) or (3) of subsection (a) shall be the minimum necessary to exclude the disturbance. (c) Delineation within setback area \nThe Secretary may delineate a wilderness boundary at a location within a setback under paragraph (2) or (3) of subsection (a) if, as determined by the Secretary, the delineation would enhance wilderness management goals.", "id": "H5C0D952B31854CD29F68F65AF6DB4BAF", "header": "Roads", "nested": [ { "text": "(a) Setbacks \n(1) Measurement in general \nA setback under this section shall be measured from the center line of the road. (2) Wilderness on 1 side of roads \nExcept as provided in subsection (b), a setback for a road with wilderness on only 1 side shall be set at— (A) 300 feet from a paved Federal or State highway; (B) 100 feet from any other paved road or high standard dirt or gravel road; and (C) 30 feet from any other road. (3) Wilderness on both sides of roads \nExcept as provided in subsection (b), a setback for a road with wilderness on both sides (including cherry-stems or roads separating 2 wilderness units) shall be set at— (A) 200 feet from a paved Federal or State highway; (B) 40 feet from any other paved road or high standard dirt or gravel road; and (C) 10 feet from any other roads.", "id": "H047B4DBA37FA4BCFA68EA4189D109EBD", "header": "Setbacks", "nested": [], "links": [] }, { "text": "(b) Setback exceptions \n(1) Well-defined topographical barriers \nIf, between the road and the boundary of a setback area described in paragraph (2) or (3) of subsection (a), there is a well-defined cliff edge, stream bank, or other topographical barrier, the Secretary shall use the barrier as the wilderness boundary. (2) Fences \nIf, between the road and the boundary of a setback area specified in paragraph (2) or (3) of subsection (a), there is a fence running parallel to a road, the Secretary shall use the fence as the wilderness boundary if, in the opinion of the Secretary, doing so would result in a more manageable boundary. (3) Deviations from setback areas \n(A) Exclusion of disturbances from wilderness boundaries \nIn cases where there is an existing livestock development, dispersed camping area, borrow pit, or similar disturbance within 100 feet of a road that forms part of a wilderness boundary, the Secretary may delineate the boundary so as to exclude the disturbance from the wilderness area. (B) Limitation on exclusion of disturbances \nThe Secretary shall make a boundary adjustment under subparagraph (A) only if the Secretary determines that doing so is consistent with wilderness management goals. (C) Deviations restricted to minimum necessary \nAny deviation under this paragraph from the setbacks required under in paragraph (2) or (3) of subsection (a) shall be the minimum necessary to exclude the disturbance.", "id": "H46F1309E34C8497D90BEBBC97ED79FD6", "header": "Setback exceptions", "nested": [], "links": [] }, { "text": "(c) Delineation within setback area \nThe Secretary may delineate a wilderness boundary at a location within a setback under paragraph (2) or (3) of subsection (a) if, as determined by the Secretary, the delineation would enhance wilderness management goals.", "id": "HE117F3AB04C14A779F1C1BE054C03815", "header": "Delineation within setback area", "nested": [], "links": [] } ], "links": [] }, { "text": "206. Livestock \nWithin the wilderness areas designated under title I, the grazing of livestock authorized on the date of enactment of this Act shall be permitted to continue subject to such reasonable regulations and procedures as the Secretary considers necessary, as long as the regulations and procedures are consistent with— (1) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); and (2) section 101(f) of the Arizona Desert Wilderness Act of 1990 ( Public Law 101–628 ; 104 Stat. 4469).", "id": "idd76207f885c345308d0afcc7f1389bf2", "header": "Livestock", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "Public Law 101–628", "legal-doc": "public-law", "parsable-cite": "pl/101/628" } ] }, { "text": "207. Fish and wildlife \nNothing in this Act affects the jurisdiction of the State with respect to wildlife and fish on the public land located in the State.", "id": "idfcb7c8af7103494baba0a6e490c217e8", "header": "Fish and wildlife", "nested": [], "links": [] }, { "text": "208. Protection of Tribal rights \nNothing in this Act affects or modifies— (1) any right of any federally recognized Indian Tribe; or (2) any obligation of the United States to any federally recognized Indian Tribe.", "id": "id755f0e31b3c348f2a0719a09fa7092c9", "header": "Protection of Tribal rights", "nested": [], "links": [] }, { "text": "209. Management of newly acquired land \nAny land within the boundaries of a wilderness area designated under this Act that is acquired by the Federal Government shall— (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with this Act and other laws applicable to wilderness areas.", "id": "id9c3405b881c74b389240a1ecdacec508", "header": "Management of newly acquired land", "nested": [], "links": [] }, { "text": "210. Withdrawal \nSubject to valid rights existing on the date of enactment of this Act, the Federal land referred to in title I is withdrawn from all forms of— (1) entry, appropriation, or disposal under public law; (2) location, entry, and patent under mining law; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.", "id": "id4656b4ca56194aa6b1d16349f2e950e6", "header": "Withdrawal", "nested": [], "links": [] } ]

[ "Land transfers", "Utah", "Water use and supply", "Wilderness and natural areas, wildlife refuges, wild rivers, habitats" ]

[ { "text": "1. Short title \nThis Act may be cited as the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act or the MOMMIES Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Enhancing Medicaid and CHIP benefits for low-income pregnant individuals \n(a) Extending continuous Medicaid and CHIP coverage for pregnant and postpartum individuals \n(1) Medicaid \nTitle XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended— (A) in section 1902(e)— (i) in paragraph (6), by striking 60-day period (beginning on the last day of her pregnancy) and inserting 1-year period beginning on the last day of the pregnancy (or such longer period beginning on such day as the State may elect) ; and (ii) by striking paragraph (16); (B) in section 1902(l)(1)(A), by striking 60-day period beginning on the last day of the pregnancy and inserting 1-year period beginning on the last day of the pregnancy or such longer period beginning on such day as the State may elect ; (C) in section 1903(v)(4)(A)(i), by striking 60-day period beginning on the last day of the pregnancy and inserting 1-year period beginning on the last day of the pregnancy or such longer period beginning on such day as the State may elect ; and (D) in section 1905(a), in the 4th sentence in the matter following the last numbered paragraph of such section, by striking 60-day period beginning on the last day of her pregnancy and inserting 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as the State may elect,. (2) CHIP \nSection 2112 of the Social Security Act ( 42 U.S.C. 1397ll ) is amended— (A) in subsection (d)(2)(A), by striking 60-day period and all that follows through the semicolon and inserting 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as the State may elect, ends; ; and (B) in subsection (f)(2), by striking 60-day period (beginning on the last day of the pregnancy) and inserting 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as the State may elect,. (b) Requiring full benefits for pregnant and postpartum individuals \n(1) In general \nParagraph (5) of section 1902(e) of the Social Security Act ( 24 U.S.C. 1396a(e) ) is amended to read as follows: (5) Coverage of full benefits for at least 1 year for pregnant and postpartum individuals \n(A) In general \nAny individual who, while pregnant, is eligible for and has received medical assistance under the State plan approved under this title or a waiver of such plan (including during a period of retroactive eligibility under subsection (a)(34)) shall continue to be eligible under the plan or waiver for medical assistance through the end of the month in which the 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as the State may elect, ends, regardless of the basis for the individual's eligibility for medical assistance, including if the individual's eligibility for medical assistance is on the basis of being pregnant. (B) Scope of benefits \nThe medical assistance provided for a pregnant or postpartum individual described in subparagraph (A) shall— (i) include all items and services covered under the State plan (or waiver) that are not less in amount, duration, or scope, or are determined by the Secretary to be substantially equivalent, to the medical assistance available for an individual described in subsection (a)(10)(A)(i); and (ii) be provided for the individual while pregnant and during the 1-year period that begins on the last day of the pregnancy, or such longer period beginning on such day as the State may elect, and ends on the last day of the month in which such period ends.. (2) Conforming amendments \n(A) Section 1902(a)(10) of the Social Security Act ( 42 U.S.C. 1396a(a)(10) ) is amended in the matter following subparagraph (G) by striking (VII) the medical assistance and all that follows through during the period described in such section,. (B) Section 2107(e)(1)(J) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1)(J) ) is amended— (i) by striking Paragraphs (5) and (16) and inserting Paragraph (5) ; and (ii) by striking (relating to and all that follows through the period and inserting (relating to the provision of medical assistance to pregnant individuals during and following pregnancy under title XIX).. (c) Requiring coverage of oral health services for pregnant and postpartum individuals \n(1) Medicaid \nSection 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (A) in subsection (a)(4)— (i) by striking ; and (D) and inserting ; (D) ; (ii) by striking ; and (E) and inserting ; (E) ; (iii) by striking ; and (F) and inserting ; (F) ; and (iv) by inserting ; and (G) oral health services for pregnant and postpartum individuals (as defined in subsection (jj)) after (or waiver of such plan) ; and (B) by adding at the end the following new subsection: (jj) Oral health services for pregnant and postpartum individuals \n(1) In general \nFor purposes of this title, the term oral health services for pregnant and postpartum individuals means dental services necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions that are furnished to an individual during pregnancy (or during the 1 year period that begins on the last day of the pregnancy, or such longer period beginning on such day as the State may elect). (2) Coverage requirements \nTo satisfy the requirement to provide oral health services for pregnant and postpartum individuals, a State shall, at a minimum, provide coverage for preventive, diagnostic, periodontal, and restorative care consistent with recommendations for comprehensive perinatal oral health services and dental services during pregnancy from the American Academy of Pediatric Dentistry and the American College of Obstetricians and Gynecologists.. (2) CHIP \nSection 2103(c)(6)(A) of the Social Security Act ( 42 U.S.C. 1397cc(c)(6)(A) ) is amended by inserting or a targeted low-income pregnant individual after targeted low-income child. (3) Technical amendment \nSection 2112(d)(2) of the Social Security Act ( 42 U.S.C. 1397ll(d)(2) ) is amended— (A) in the paragraph header, by inserting ; targeted low-income pregnant individual after woman ; and (B) by striking the term targeted low-income pregnant woman means and inserting the terms targeted low-income pregnant woman and targeted low-income pregnant individual mean. (d) Maintenance of effort \n(1) Medicaid \nSection 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (A) in paragraph (74), by striking subsection (gg); and and inserting subsections (gg) and (uu); ; and (B) by adding at the end the following new subsection: (uu) Maintenance of effort related to low-Income pregnant individuals \nFor calendar quarters beginning on or after the date of enactment of this subsection, and before January 1, 2025, no Federal payment shall be made to a State under section 1903(a) for amounts expended under a State plan under this title or a waiver of such plan if the State— (1) has in effect under such plan eligibility standards, methodologies, or procedures (including any enrollment cap or other numerical limitation on enrollment, any waiting list, any procedures designed to delay the consideration of applications for enrollment, any income counting rules, or similar limitation with respect to enrollment) for individuals described in subsection (l)(1) who are eligible for medical assistance under the State plan or waiver under subsection (a)(10)(A)(ii)(IX) that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, for such individuals under such plan or waiver that are in effect on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act ; or (2) reduces the amount, duration, or scope of medical assistance available to individuals described in subsection (l)(1) who are eligible for medical assistance under such plan or waiver under subsection (a)(10)(A)(ii)(IX) from what the State provided to such individuals under such plan or waiver on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act.. (2) CHIP \nSection 2112 of the Social Security Act ( 42 U.S.C. 1397ll ), as amended by subsection (a), is further amended by adding at the end the following subsection: (g) Maintenance of effort \nFor calendar quarters beginning on or after January 1, 2024, and before January 1, 2028, no payment may be made under section 2105(a) with respect to a State child health plan if the State— (1) has in effect under such plan eligibility standards, methodologies, or procedures (including any enrollment cap or other numerical limitation on enrollment, any waiting list, any procedures designed to delay the consideration of applications for enrollment, or similar limitation with respect to enrollment) for targeted low-income pregnant individuals that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan that are in effect on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act ; or (2) provides pregnancy-related assistance to targeted low-income pregnant individuals under such plan at a level that is less than the level at which the State provides such assistance to such individuals under such plan on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act.. (e) Enhanced FMAP \nSection 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as amended by subsection (c), is further amended— (1) in subsection (b), by striking and (ii) and inserting (ii), and (kk) ; and (2) by adding at the end the following new subsection: (kk) Increased FMAP for additional expenditures for low-Income pregnant individuals \nFor calendar quarters beginning on or after January 1, 2024, notwithstanding subsection (b), the Federal medical assistance percentage for a State, with respect to the additional amounts expended by such State for medical assistance under the State plan under this title or a waiver of such plan that are attributable to requirements imposed by the amendments made by the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act (as determined by the Secretary), shall be equal to 100 percent.. (f) GAO study and report \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the gaps in coverage for— (A) pregnant individuals under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) and the Children's Health Insurance Program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ); (B) postpartum individuals under the Medicaid program and the Children's Health Insurance Program who received assistance under either such program during their pregnancy; and (C) birthing people between the ages of 15 and 49 under the Medicaid program. (2) Content of report \nThe report required under this subsection shall include the following: (A) Information about the abilities and successes of State Medicaid agencies in determining whether pregnant and postpartum individuals are eligible under another insurance affordability program, and in transitioning any such individuals who are so eligible to coverage under such a program at the end of their period of eligibility for medical assistance, pursuant to section 435.1200 of the title 42, Code of Federal Regulations (as in effect on September 1, 2018). (B) Information on factors contributing to gaps in coverage that disproportionately impact underserved populations, including low-income individuals, Black, Indigenous, and other individuals of color, individuals who reside in a health professional shortage area (as defined in section 332(a)(1)(A) of the Public Health Service Act ( 42 U.S.C. 254e(a)(1)(A) )) or individuals who are members of a medically underserved population (as defined by section 330(b)(3) of such Act ( 42 U.S.C. 254b(b)(3)(A) )). (C) Recommendations for addressing and reducing such gaps in coverage. (D) Such other information as the Comptroller General deems necessary. (3) Data disaggregation \nTo the greatest extent possible, the Comptroller General shall dissagregate data presented in the report, including by age, gender identity, race, ethnicity, income level, and other demographic factors. (g) Effective date \nThe amendments made by subsections (a) and (b) shall take effect on January 1, 2024.", "id": "idED7B477E4C3F46C98F05F2A472F6F282", "header": "Enhancing Medicaid and CHIP benefits for low-income pregnant individuals", "nested": [ { "text": "(a) Extending continuous Medicaid and CHIP coverage for pregnant and postpartum individuals \n(1) Medicaid \nTitle XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended— (A) in section 1902(e)— (i) in paragraph (6), by striking 60-day period (beginning on the last day of her pregnancy) and inserting 1-year period beginning on the last day of the pregnancy (or such longer period beginning on such day as the State may elect) ; and (ii) by striking paragraph (16); (B) in section 1902(l)(1)(A), by striking 60-day period beginning on the last day of the pregnancy and inserting 1-year period beginning on the last day of the pregnancy or such longer period beginning on such day as the State may elect ; (C) in section 1903(v)(4)(A)(i), by striking 60-day period beginning on the last day of the pregnancy and inserting 1-year period beginning on the last day of the pregnancy or such longer period beginning on such day as the State may elect ; and (D) in section 1905(a), in the 4th sentence in the matter following the last numbered paragraph of such section, by striking 60-day period beginning on the last day of her pregnancy and inserting 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as the State may elect,. (2) CHIP \nSection 2112 of the Social Security Act ( 42 U.S.C. 1397ll ) is amended— (A) in subsection (d)(2)(A), by striking 60-day period and all that follows through the semicolon and inserting 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as the State may elect, ends; ; and (B) in subsection (f)(2), by striking 60-day period (beginning on the last day of the pregnancy) and inserting 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as the State may elect,.", "id": "idE6D9E2EA38F44FAAADF80690A04F355A", "header": "Extending continuous Medicaid and CHIP coverage for pregnant and postpartum individuals", "nested": [], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1397ll", "legal-doc": "usc", "parsable-cite": "usc/42/1397ll" } ] }, { "text": "(b) Requiring full benefits for pregnant and postpartum individuals \n(1) In general \nParagraph (5) of section 1902(e) of the Social Security Act ( 24 U.S.C. 1396a(e) ) is amended to read as follows: (5) Coverage of full benefits for at least 1 year for pregnant and postpartum individuals \n(A) In general \nAny individual who, while pregnant, is eligible for and has received medical assistance under the State plan approved under this title or a waiver of such plan (including during a period of retroactive eligibility under subsection (a)(34)) shall continue to be eligible under the plan or waiver for medical assistance through the end of the month in which the 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as the State may elect, ends, regardless of the basis for the individual's eligibility for medical assistance, including if the individual's eligibility for medical assistance is on the basis of being pregnant. (B) Scope of benefits \nThe medical assistance provided for a pregnant or postpartum individual described in subparagraph (A) shall— (i) include all items and services covered under the State plan (or waiver) that are not less in amount, duration, or scope, or are determined by the Secretary to be substantially equivalent, to the medical assistance available for an individual described in subsection (a)(10)(A)(i); and (ii) be provided for the individual while pregnant and during the 1-year period that begins on the last day of the pregnancy, or such longer period beginning on such day as the State may elect, and ends on the last day of the month in which such period ends.. (2) Conforming amendments \n(A) Section 1902(a)(10) of the Social Security Act ( 42 U.S.C. 1396a(a)(10) ) is amended in the matter following subparagraph (G) by striking (VII) the medical assistance and all that follows through during the period described in such section,. (B) Section 2107(e)(1)(J) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1)(J) ) is amended— (i) by striking Paragraphs (5) and (16) and inserting Paragraph (5) ; and (ii) by striking (relating to and all that follows through the period and inserting (relating to the provision of medical assistance to pregnant individuals during and following pregnancy under title XIX)..", "id": "id88DFFAAA0B9E4B89BF57D988D40DBF11", "header": "Requiring full benefits for pregnant and postpartum individuals", "nested": [], "links": [ { "text": "24 U.S.C. 1396a(e)", "legal-doc": "usc", "parsable-cite": "usc/24/1396a" }, { "text": "42 U.S.C. 1396a(a)(10)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1397gg(e)(1)(J)", "legal-doc": "usc", "parsable-cite": "usc/42/1397gg" } ] }, { "text": "(c) Requiring coverage of oral health services for pregnant and postpartum individuals \n(1) Medicaid \nSection 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (A) in subsection (a)(4)— (i) by striking ; and (D) and inserting ; (D) ; (ii) by striking ; and (E) and inserting ; (E) ; (iii) by striking ; and (F) and inserting ; (F) ; and (iv) by inserting ; and (G) oral health services for pregnant and postpartum individuals (as defined in subsection (jj)) after (or waiver of such plan) ; and (B) by adding at the end the following new subsection: (jj) Oral health services for pregnant and postpartum individuals \n(1) In general \nFor purposes of this title, the term oral health services for pregnant and postpartum individuals means dental services necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions that are furnished to an individual during pregnancy (or during the 1 year period that begins on the last day of the pregnancy, or such longer period beginning on such day as the State may elect). (2) Coverage requirements \nTo satisfy the requirement to provide oral health services for pregnant and postpartum individuals, a State shall, at a minimum, provide coverage for preventive, diagnostic, periodontal, and restorative care consistent with recommendations for comprehensive perinatal oral health services and dental services during pregnancy from the American Academy of Pediatric Dentistry and the American College of Obstetricians and Gynecologists.. (2) CHIP \nSection 2103(c)(6)(A) of the Social Security Act ( 42 U.S.C. 1397cc(c)(6)(A) ) is amended by inserting or a targeted low-income pregnant individual after targeted low-income child. (3) Technical amendment \nSection 2112(d)(2) of the Social Security Act ( 42 U.S.C. 1397ll(d)(2) ) is amended— (A) in the paragraph header, by inserting ; targeted low-income pregnant individual after woman ; and (B) by striking the term targeted low-income pregnant woman means and inserting the terms targeted low-income pregnant woman and targeted low-income pregnant individual mean.", "id": "H340A0BB10477420BBA59AA741D39C2D9", "header": "Requiring coverage of oral health services for pregnant and postpartum individuals", "nested": [], "links": [ { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1397cc(c)(6)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1397cc" }, { "text": "42 U.S.C. 1397ll(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ll" } ] }, { "text": "(d) Maintenance of effort \n(1) Medicaid \nSection 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (A) in paragraph (74), by striking subsection (gg); and and inserting subsections (gg) and (uu); ; and (B) by adding at the end the following new subsection: (uu) Maintenance of effort related to low-Income pregnant individuals \nFor calendar quarters beginning on or after the date of enactment of this subsection, and before January 1, 2025, no Federal payment shall be made to a State under section 1903(a) for amounts expended under a State plan under this title or a waiver of such plan if the State— (1) has in effect under such plan eligibility standards, methodologies, or procedures (including any enrollment cap or other numerical limitation on enrollment, any waiting list, any procedures designed to delay the consideration of applications for enrollment, any income counting rules, or similar limitation with respect to enrollment) for individuals described in subsection (l)(1) who are eligible for medical assistance under the State plan or waiver under subsection (a)(10)(A)(ii)(IX) that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, for such individuals under such plan or waiver that are in effect on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act ; or (2) reduces the amount, duration, or scope of medical assistance available to individuals described in subsection (l)(1) who are eligible for medical assistance under such plan or waiver under subsection (a)(10)(A)(ii)(IX) from what the State provided to such individuals under such plan or waiver on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act.. (2) CHIP \nSection 2112 of the Social Security Act ( 42 U.S.C. 1397ll ), as amended by subsection (a), is further amended by adding at the end the following subsection: (g) Maintenance of effort \nFor calendar quarters beginning on or after January 1, 2024, and before January 1, 2028, no payment may be made under section 2105(a) with respect to a State child health plan if the State— (1) has in effect under such plan eligibility standards, methodologies, or procedures (including any enrollment cap or other numerical limitation on enrollment, any waiting list, any procedures designed to delay the consideration of applications for enrollment, or similar limitation with respect to enrollment) for targeted low-income pregnant individuals that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan that are in effect on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act ; or (2) provides pregnancy-related assistance to targeted low-income pregnant individuals under such plan at a level that is less than the level at which the State provides such assistance to such individuals under such plan on the date of the enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act..", "id": "idD6AF680F6EE54C7388B10ADEB904891C", "header": "Maintenance of effort", "nested": [], "links": [ { "text": "42 U.S.C. 1396a", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1397ll", "legal-doc": "usc", "parsable-cite": "usc/42/1397ll" } ] }, { "text": "(e) Enhanced FMAP \nSection 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as amended by subsection (c), is further amended— (1) in subsection (b), by striking and (ii) and inserting (ii), and (kk) ; and (2) by adding at the end the following new subsection: (kk) Increased FMAP for additional expenditures for low-Income pregnant individuals \nFor calendar quarters beginning on or after January 1, 2024, notwithstanding subsection (b), the Federal medical assistance percentage for a State, with respect to the additional amounts expended by such State for medical assistance under the State plan under this title or a waiver of such plan that are attributable to requirements imposed by the amendments made by the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act (as determined by the Secretary), shall be equal to 100 percent..", "id": "idD2AF1CE07F9445CC9A9F314DA8F042DB", "header": "Enhanced FMAP", "nested": [], "links": [ { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" } ] }, { "text": "(f) GAO study and report \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the gaps in coverage for— (A) pregnant individuals under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) and the Children's Health Insurance Program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ); (B) postpartum individuals under the Medicaid program and the Children's Health Insurance Program who received assistance under either such program during their pregnancy; and (C) birthing people between the ages of 15 and 49 under the Medicaid program. (2) Content of report \nThe report required under this subsection shall include the following: (A) Information about the abilities and successes of State Medicaid agencies in determining whether pregnant and postpartum individuals are eligible under another insurance affordability program, and in transitioning any such individuals who are so eligible to coverage under such a program at the end of their period of eligibility for medical assistance, pursuant to section 435.1200 of the title 42, Code of Federal Regulations (as in effect on September 1, 2018). (B) Information on factors contributing to gaps in coverage that disproportionately impact underserved populations, including low-income individuals, Black, Indigenous, and other individuals of color, individuals who reside in a health professional shortage area (as defined in section 332(a)(1)(A) of the Public Health Service Act ( 42 U.S.C. 254e(a)(1)(A) )) or individuals who are members of a medically underserved population (as defined by section 330(b)(3) of such Act ( 42 U.S.C. 254b(b)(3)(A) )). (C) Recommendations for addressing and reducing such gaps in coverage. (D) Such other information as the Comptroller General deems necessary. (3) Data disaggregation \nTo the greatest extent possible, the Comptroller General shall dissagregate data presented in the report, including by age, gender identity, race, ethnicity, income level, and other demographic factors.", "id": "id7fb45821ab854d1d8f6c62b812a6b532", "header": "GAO study and report", "nested": [], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1397aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1397aa" }, { "text": "42 U.S.C. 254e(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/254e" }, { "text": "42 U.S.C. 254b(b)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/254b" } ] }, { "text": "(g) Effective date \nThe amendments made by subsections (a) and (b) shall take effect on January 1, 2024.", "id": "id3A22D54BB307406281F1506BB8E4EE62", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1397ll", "legal-doc": "usc", "parsable-cite": "usc/42/1397ll" }, { "text": "24 U.S.C. 1396a(e)", "legal-doc": "usc", "parsable-cite": "usc/24/1396a" }, { "text": "42 U.S.C. 1396a(a)(10)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1397gg(e)(1)(J)", "legal-doc": "usc", "parsable-cite": "usc/42/1397gg" }, { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1397cc(c)(6)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1397cc" }, { "text": "42 U.S.C. 1397ll(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ll" }, { "text": "42 U.S.C. 1396a", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1397ll", "legal-doc": "usc", "parsable-cite": "usc/42/1397ll" }, { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1397aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1397aa" }, { "text": "42 U.S.C. 254e(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/254e" }, { "text": "42 U.S.C. 254b(b)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/254b" } ] }, { "text": "3. Maternity care home demonstration project \nTitle XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended by inserting the following new section after section 1947: 1948. Maternity Care Home Demonstration Project \n(a) In general \nNot later than 1 year after the date of the enactment of this section, the Secretary shall establish a demonstration project (in this section referred to as the demonstration project ) under which the Secretary shall provide grants to States to enter into arrangements with eligible entities to implement or expand a maternity care home model for eligible individuals. (b) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means an entity or organization that provides medically accurate, comprehensive maternity services to individuals who are eligible for medical assistance under a State plan under this title or a waiver of such a plan, and may include: (A) A freestanding birth center. (B) An entity or organization receiving assistance under section 330 of the Public Health Service Act. (C) A federally qualified health center. (D) A rural health clinic. (E) A health facility operated by an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act). (2) Eligible individual \nThe term eligible individual means a pregnant individual or a formerly pregnant individual during the 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as a State may elect, who is— (A) enrolled in a State plan under this title, a waiver of such a plan, or a State child health plan under title XXI; and (B) a patient of an eligible entity which has entered into an arrangement with a State under subsection (g). (c) Goals of demonstration project \nThe goals of the demonstration project are the following: (1) To improve— (A) maternity and infant care outcomes; (B) birth equity; (C) health equity for— (i) Black, Indigenous, and other people of color; (ii) lesbian, gay, bisexual, trans­gen­der, queer, non-binary, and gender nonconfirming individuals; (iii) people who live in regions with limited or no access to obstetric care; (iv) people with disabilities; and (v) other underserved populations; (D) communication by and between maternity, infant care, and social services providers; (E) integration of perinatal support services, including community health workers, doulas, social workers, public health nurses, peer lactation counselors, lactation consultants, childbirth educators, peer mental health workers, and others, into health care entities and organizations; (F) care coordination between maternity, infant care, oral health services, and social services providers within the community; (G) the quality and safety of maternity and infant care; (H) the experience of individuals receiving respectful maternity care, including by increasing the ability of an individual to develop and follow their own birthing plans; and (I) access to adequate prenatal and postpartum care, including— (i) prenatal care that is initiated in a timely manner; (ii) not fewer than 5 post-pregnancy visits to a maternity care provider for postpartum care and support; (iii) interpregnancy care; and (iv) support and treatment for perinatal mood and anxiety disorders. (2) To provide coordinated, evidence-based, respectful, culturally and linguistically appropriate, and person-centered maternity care management. (3) To decrease— (A) preventable and severe maternal morbidity and maternal mortality; (B) overall health care spending; (C) unnecessary emergency department visits; (D) disparities in maternal and infant care outcomes, including racial, economic, disability, gender-based, and geographical disparities; (E) racial, gender, economic, and other discrimination among among health care professionals; (F) racism, discrimination, disrespect, trauma, and abuse in maternity care settings; (G) the rate of cesarean deliveries for low-risk pregnancies; (H) the rate of preterm births and infants born with low birth weight; (I) the rate of avoidable maternal and newborn hospitalizations and admissions to intensive care units; (J) the rate of perinatal mood and anxiety disorders. (d) Consultation \nIn designing and implementing the demonstration project the Secretary shall consult with stakeholders, including— (1) States; (2) organizations representing relevant health care professionals, including oral health services professionals; (3) organizations, particularly reproductive justice and birth justice organizations led by people of color, that represent consumers of maternal health care, including consumers of maternal health care who are disproportionately impacted by poor maternal health outcomes; (4) representatives with experience implementing other maternity care home models, including representatives from the Center for Medicare and Medicaid Innovation; (5) community-based health care professionals, including doulas, lactation consultants, and other stakeholders; (6) experts in promoting health equity and combating racial bias in health care settings; and (7) Black, Indigenous, and other maternal health care consumers of color who have experienced severe maternal morbidity. (e) Application and selection of States \n(1) In general \nA State seeking to participate in the demonstration project shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. (2) Selection of States \n(A) In general \nThe Secretary shall select at least 10 States to participate in the demonstration project. (B) Selection requirements \nIn selecting States to participate in the demonstration project, the Secretary shall— (i) ensure that there is geographic and regional diversity in the areas in which activities will be carried out under the project; (ii) ensure that States with significant disparities in maternal and infant health outcomes, including severe maternal morbidity, and other disparities based on race, income, or access to maternity care, are included; and (iii) ensure that at least 1 territory is included. (f) Grants \n(1) In general \nFrom amounts appropriated under subsection (l), the Secretary shall award 1 grant for each year of the demonstration project to each State that is selected to participate in the demonstration project. (2) Use of grant funds \nA State may use funds received under this section to— (A) award grants or make payments to eligible entities as part of an arrangement described in subsection (g)(2); (B) provide financial incentives to health care professionals, including community-based health care workers and community-based doulas, who participate in the State's maternity care home model; (C) provide adequate training for health care professionals, including community-based health care workers, doulas, and care coordinators, who participate in the State's maternity care home model, which may include training for cultural humility and antiracism, racial bias, health equity, reproductive and birth justice, trauma-informed care, home visiting skills, and respectful communication and listening skills, particularly in regards to maternal health; (D) pay for personnel and administrative expenses associated with designing, implementing, and operating the State's maternity care home model; (E) pay for items and services that are furnished under the State's maternity care home model and for which payment is otherwise unavailable under this title; (F) pay for services and materials to ensure culturally and linguistically appropriate communication, including— (i) language services such as interpreters and translation of written materials; and (ii) development of culturally and linguistically appropriate materials; and auxiliary aids and services; and (G) pay for other costs related to the State's maternity care home model, as determined by the Secretary. (3) Grant for national independent evaluator \n(A) In general \nFrom the amounts appropriated under subsection (l), prior to awarding any grants under paragraph (1), the Secretary shall enter into a contract with a national external entity to create a single, uniform process to— (i) ensure that States that receive grants under paragraph (1) comply with the requirements of this section; and (ii) evaluate the outcomes of the demonstration project in each participating State. (B) Annual report \nThe contract described in subparagraph (A) shall require the national external entity to submit to the Secretary— (i) a yearly evaluation report for each year of the demonstration project; and (ii) a final impact report after the demonstration project has concluded. (C) Secretary's authority \nNothing in this paragraph shall prevent the Secretary from making a determination that a State is not in compliance with the requirements of this section without the national external entity making such a determination. (g) Partnership with eligible entities \n(1) In general \nAs a condition of receiving a grant under this section, a State shall enter into an arrangement with one or more eligible entities that meets the requirements of paragraph (2). (2) Arrangements with eligible entities \nUnder an arrangement between a State and an eligible entity under this subsection, the eligible entity shall perform the following functions, with respect to eligible individuals enrolled with the entity under the State's maternity care home model— (A) provide culturally and linguistically appropriate congruent care, which may include prenatal care, family planning services, medical care, mental and behavioral care, postpartum care, and oral health services to such eligible individuals through a team of health care professionals, which may include obstetrician-gynecologists, maternal-fetal medicine specialists, family physicians, primary care providers, oral health providers, physician assistants, advanced practice registered nurses such as nurse practitioners and certified nurse midwives, certified midwives, certified professional midwives, physical therapists, social workers, traditional and community-based doulas, lactation consultants, childbirth educators, community health workers, peer mental health supporters, and other health care professionals; (B) conduct a risk assessment of each such eligible individual to determine if their pregnancy is high or low risk, and establish a tailored pregnancy care plan, which takes into consideration the individual's own preferences and pregnancy care and birthing plans and determines the appropriate support services to reduce the individual's medical, social, and environmental risk factors, for each such eligible individual based on the results of such risk assessment; (C) assign each such eligible individual to a culturally and linguistically appropriate care coordinator, which may be a nurse, social worker, traditional or community-based doula, community health worker, midwife, or other health care provider, who is responsible for ensuring that such eligible individual receives the necessary medical care and connections to essential support services; (D) provide, or arrange for the provision of, essential support services, such as services that address— (i) food access, nutrition, and exercise; (ii) smoking cessation; (iii) substance use disorder and addiction treatment; (iv) anxiety, depression, trauma, and other mental and behavioral health issues; (v) breast feeding, chestfeeding, or other infant feeding options supports, initiation, continuation, and duration; (vi) stable, affordable, safe, and healthy housing; (vii) transportation; (viii) intimate partner violence; (ix) community and police violence; (x) home visiting services; (xi) childbirth and newborn care education; (xii) oral health education; (xiii) continuous labor support; (xiv) group prenatal care; (xv) family planning and contraceptive care and supplies; and (xvi) affordable child care; (E) as appropriate, facilitate connections to a usual primary care provider, which may be a reproductive health care provider; (F) refer to guidelines and opinions of medical associations when determining whether an elective delivery should be performed on an eligible individual before 39 weeks of gestation; (G) provide such eligible individual with evidence-based and culturally and linguistically appropriate education and resources to identify potential warning signs of pregnancy and postpartum complications and when and how to obtain medical attention; (H) provide, or arrange for the provision of, culturally and linguistically appropriate pregnancy and postpartum health services, including family planning counseling and services, to eligible individuals; (I) track and report postpartum health and birth outcomes of such eligible individuals and their children; (J) ensure that care is person-centered, culturally and linguistically appropriate, and patient-led, including by engaging eligible individuals in their own care, including through communication and education; and (K) ensure adequate training for appropriately serving the population of individuals eligible for medical assistance under the State plan or waiver of such plan, including through reproductive justice, birth justice, birth equity, and anti-racist frameworks, home visiting skills, and knowledge of social services. (h) Term of demonstration project \nThe Secretary shall conduct the demonstration project for a period of 5 years. (i) Waiver authority \nTo the extent that the Secretary determines necessary in order to carry out the demonstration project, the Secretary may waive section 1902(a)(1) (relating to statewideness) and section 1902(a)(10)(B) (relating to comparability). (j) Technical assistance \nThe Secretary shall establish a process to provide technical assistance to States that are awarded grants under this section and to eligible entities and other providers participating in a State maternity care home model funded by such a grant. (k) Report \n(1) In general \nNot later than 18 months after the date of the enactment of this section and annually thereafter for each year of the demonstration project term, the Secretary shall submit a report to Congress on the results of the demonstration project. (2) Final report \nAs part of the final report required under paragraph (1), the Secretary shall include— (A) the results of the final report of the national external entity required under subsection (f)(3)(B)(ii); and (B) recommendations on whether the model studied in the demonstration project should be continued or more widely adopted, including by private health plans. (l) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary, for each of fiscal years 2024 through 2031, such sums as may be necessary to carry out this section..", "id": "idC603531C9B7F47B598B943B6CBBF3E53", "header": "Maternity care home demonstration project", "nested": [], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" } ] }, { "text": "1948. Maternity Care Home Demonstration Project \n(a) In general \nNot later than 1 year after the date of the enactment of this section, the Secretary shall establish a demonstration project (in this section referred to as the demonstration project ) under which the Secretary shall provide grants to States to enter into arrangements with eligible entities to implement or expand a maternity care home model for eligible individuals. (b) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means an entity or organization that provides medically accurate, comprehensive maternity services to individuals who are eligible for medical assistance under a State plan under this title or a waiver of such a plan, and may include: (A) A freestanding birth center. (B) An entity or organization receiving assistance under section 330 of the Public Health Service Act. (C) A federally qualified health center. (D) A rural health clinic. (E) A health facility operated by an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act). (2) Eligible individual \nThe term eligible individual means a pregnant individual or a formerly pregnant individual during the 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as a State may elect, who is— (A) enrolled in a State plan under this title, a waiver of such a plan, or a State child health plan under title XXI; and (B) a patient of an eligible entity which has entered into an arrangement with a State under subsection (g). (c) Goals of demonstration project \nThe goals of the demonstration project are the following: (1) To improve— (A) maternity and infant care outcomes; (B) birth equity; (C) health equity for— (i) Black, Indigenous, and other people of color; (ii) lesbian, gay, bisexual, trans­gen­der, queer, non-binary, and gender nonconfirming individuals; (iii) people who live in regions with limited or no access to obstetric care; (iv) people with disabilities; and (v) other underserved populations; (D) communication by and between maternity, infant care, and social services providers; (E) integration of perinatal support services, including community health workers, doulas, social workers, public health nurses, peer lactation counselors, lactation consultants, childbirth educators, peer mental health workers, and others, into health care entities and organizations; (F) care coordination between maternity, infant care, oral health services, and social services providers within the community; (G) the quality and safety of maternity and infant care; (H) the experience of individuals receiving respectful maternity care, including by increasing the ability of an individual to develop and follow their own birthing plans; and (I) access to adequate prenatal and postpartum care, including— (i) prenatal care that is initiated in a timely manner; (ii) not fewer than 5 post-pregnancy visits to a maternity care provider for postpartum care and support; (iii) interpregnancy care; and (iv) support and treatment for perinatal mood and anxiety disorders. (2) To provide coordinated, evidence-based, respectful, culturally and linguistically appropriate, and person-centered maternity care management. (3) To decrease— (A) preventable and severe maternal morbidity and maternal mortality; (B) overall health care spending; (C) unnecessary emergency department visits; (D) disparities in maternal and infant care outcomes, including racial, economic, disability, gender-based, and geographical disparities; (E) racial, gender, economic, and other discrimination among among health care professionals; (F) racism, discrimination, disrespect, trauma, and abuse in maternity care settings; (G) the rate of cesarean deliveries for low-risk pregnancies; (H) the rate of preterm births and infants born with low birth weight; (I) the rate of avoidable maternal and newborn hospitalizations and admissions to intensive care units; (J) the rate of perinatal mood and anxiety disorders. (d) Consultation \nIn designing and implementing the demonstration project the Secretary shall consult with stakeholders, including— (1) States; (2) organizations representing relevant health care professionals, including oral health services professionals; (3) organizations, particularly reproductive justice and birth justice organizations led by people of color, that represent consumers of maternal health care, including consumers of maternal health care who are disproportionately impacted by poor maternal health outcomes; (4) representatives with experience implementing other maternity care home models, including representatives from the Center for Medicare and Medicaid Innovation; (5) community-based health care professionals, including doulas, lactation consultants, and other stakeholders; (6) experts in promoting health equity and combating racial bias in health care settings; and (7) Black, Indigenous, and other maternal health care consumers of color who have experienced severe maternal morbidity. (e) Application and selection of States \n(1) In general \nA State seeking to participate in the demonstration project shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. (2) Selection of States \n(A) In general \nThe Secretary shall select at least 10 States to participate in the demonstration project. (B) Selection requirements \nIn selecting States to participate in the demonstration project, the Secretary shall— (i) ensure that there is geographic and regional diversity in the areas in which activities will be carried out under the project; (ii) ensure that States with significant disparities in maternal and infant health outcomes, including severe maternal morbidity, and other disparities based on race, income, or access to maternity care, are included; and (iii) ensure that at least 1 territory is included. (f) Grants \n(1) In general \nFrom amounts appropriated under subsection (l), the Secretary shall award 1 grant for each year of the demonstration project to each State that is selected to participate in the demonstration project. (2) Use of grant funds \nA State may use funds received under this section to— (A) award grants or make payments to eligible entities as part of an arrangement described in subsection (g)(2); (B) provide financial incentives to health care professionals, including community-based health care workers and community-based doulas, who participate in the State's maternity care home model; (C) provide adequate training for health care professionals, including community-based health care workers, doulas, and care coordinators, who participate in the State's maternity care home model, which may include training for cultural humility and antiracism, racial bias, health equity, reproductive and birth justice, trauma-informed care, home visiting skills, and respectful communication and listening skills, particularly in regards to maternal health; (D) pay for personnel and administrative expenses associated with designing, implementing, and operating the State's maternity care home model; (E) pay for items and services that are furnished under the State's maternity care home model and for which payment is otherwise unavailable under this title; (F) pay for services and materials to ensure culturally and linguistically appropriate communication, including— (i) language services such as interpreters and translation of written materials; and (ii) development of culturally and linguistically appropriate materials; and auxiliary aids and services; and (G) pay for other costs related to the State's maternity care home model, as determined by the Secretary. (3) Grant for national independent evaluator \n(A) In general \nFrom the amounts appropriated under subsection (l), prior to awarding any grants under paragraph (1), the Secretary shall enter into a contract with a national external entity to create a single, uniform process to— (i) ensure that States that receive grants under paragraph (1) comply with the requirements of this section; and (ii) evaluate the outcomes of the demonstration project in each participating State. (B) Annual report \nThe contract described in subparagraph (A) shall require the national external entity to submit to the Secretary— (i) a yearly evaluation report for each year of the demonstration project; and (ii) a final impact report after the demonstration project has concluded. (C) Secretary's authority \nNothing in this paragraph shall prevent the Secretary from making a determination that a State is not in compliance with the requirements of this section without the national external entity making such a determination. (g) Partnership with eligible entities \n(1) In general \nAs a condition of receiving a grant under this section, a State shall enter into an arrangement with one or more eligible entities that meets the requirements of paragraph (2). (2) Arrangements with eligible entities \nUnder an arrangement between a State and an eligible entity under this subsection, the eligible entity shall perform the following functions, with respect to eligible individuals enrolled with the entity under the State's maternity care home model— (A) provide culturally and linguistically appropriate congruent care, which may include prenatal care, family planning services, medical care, mental and behavioral care, postpartum care, and oral health services to such eligible individuals through a team of health care professionals, which may include obstetrician-gynecologists, maternal-fetal medicine specialists, family physicians, primary care providers, oral health providers, physician assistants, advanced practice registered nurses such as nurse practitioners and certified nurse midwives, certified midwives, certified professional midwives, physical therapists, social workers, traditional and community-based doulas, lactation consultants, childbirth educators, community health workers, peer mental health supporters, and other health care professionals; (B) conduct a risk assessment of each such eligible individual to determine if their pregnancy is high or low risk, and establish a tailored pregnancy care plan, which takes into consideration the individual's own preferences and pregnancy care and birthing plans and determines the appropriate support services to reduce the individual's medical, social, and environmental risk factors, for each such eligible individual based on the results of such risk assessment; (C) assign each such eligible individual to a culturally and linguistically appropriate care coordinator, which may be a nurse, social worker, traditional or community-based doula, community health worker, midwife, or other health care provider, who is responsible for ensuring that such eligible individual receives the necessary medical care and connections to essential support services; (D) provide, or arrange for the provision of, essential support services, such as services that address— (i) food access, nutrition, and exercise; (ii) smoking cessation; (iii) substance use disorder and addiction treatment; (iv) anxiety, depression, trauma, and other mental and behavioral health issues; (v) breast feeding, chestfeeding, or other infant feeding options supports, initiation, continuation, and duration; (vi) stable, affordable, safe, and healthy housing; (vii) transportation; (viii) intimate partner violence; (ix) community and police violence; (x) home visiting services; (xi) childbirth and newborn care education; (xii) oral health education; (xiii) continuous labor support; (xiv) group prenatal care; (xv) family planning and contraceptive care and supplies; and (xvi) affordable child care; (E) as appropriate, facilitate connections to a usual primary care provider, which may be a reproductive health care provider; (F) refer to guidelines and opinions of medical associations when determining whether an elective delivery should be performed on an eligible individual before 39 weeks of gestation; (G) provide such eligible individual with evidence-based and culturally and linguistically appropriate education and resources to identify potential warning signs of pregnancy and postpartum complications and when and how to obtain medical attention; (H) provide, or arrange for the provision of, culturally and linguistically appropriate pregnancy and postpartum health services, including family planning counseling and services, to eligible individuals; (I) track and report postpartum health and birth outcomes of such eligible individuals and their children; (J) ensure that care is person-centered, culturally and linguistically appropriate, and patient-led, including by engaging eligible individuals in their own care, including through communication and education; and (K) ensure adequate training for appropriately serving the population of individuals eligible for medical assistance under the State plan or waiver of such plan, including through reproductive justice, birth justice, birth equity, and anti-racist frameworks, home visiting skills, and knowledge of social services. (h) Term of demonstration project \nThe Secretary shall conduct the demonstration project for a period of 5 years. (i) Waiver authority \nTo the extent that the Secretary determines necessary in order to carry out the demonstration project, the Secretary may waive section 1902(a)(1) (relating to statewideness) and section 1902(a)(10)(B) (relating to comparability). (j) Technical assistance \nThe Secretary shall establish a process to provide technical assistance to States that are awarded grants under this section and to eligible entities and other providers participating in a State maternity care home model funded by such a grant. (k) Report \n(1) In general \nNot later than 18 months after the date of the enactment of this section and annually thereafter for each year of the demonstration project term, the Secretary shall submit a report to Congress on the results of the demonstration project. (2) Final report \nAs part of the final report required under paragraph (1), the Secretary shall include— (A) the results of the final report of the national external entity required under subsection (f)(3)(B)(ii); and (B) recommendations on whether the model studied in the demonstration project should be continued or more widely adopted, including by private health plans. (l) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary, for each of fiscal years 2024 through 2031, such sums as may be necessary to carry out this section.", "id": "idCB9D2D6CA5B44F1FADD151F542BB3AB7", "header": "Maternity Care Home Demonstration Project", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of the enactment of this section, the Secretary shall establish a demonstration project (in this section referred to as the demonstration project ) under which the Secretary shall provide grants to States to enter into arrangements with eligible entities to implement or expand a maternity care home model for eligible individuals.", "id": "id82109485CBC24F9783D8AA0FA4118B3D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means an entity or organization that provides medically accurate, comprehensive maternity services to individuals who are eligible for medical assistance under a State plan under this title or a waiver of such a plan, and may include: (A) A freestanding birth center. (B) An entity or organization receiving assistance under section 330 of the Public Health Service Act. (C) A federally qualified health center. (D) A rural health clinic. (E) A health facility operated by an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act). (2) Eligible individual \nThe term eligible individual means a pregnant individual or a formerly pregnant individual during the 1-year period beginning on the last day of the pregnancy, or such longer period beginning on such day as a State may elect, who is— (A) enrolled in a State plan under this title, a waiver of such a plan, or a State child health plan under title XXI; and (B) a patient of an eligible entity which has entered into an arrangement with a State under subsection (g).", "id": "id3A5EB61CB5B64000957672BA3157A643", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Goals of demonstration project \nThe goals of the demonstration project are the following: (1) To improve— (A) maternity and infant care outcomes; (B) birth equity; (C) health equity for— (i) Black, Indigenous, and other people of color; (ii) lesbian, gay, bisexual, trans­gen­der, queer, non-binary, and gender nonconfirming individuals; (iii) people who live in regions with limited or no access to obstetric care; (iv) people with disabilities; and (v) other underserved populations; (D) communication by and between maternity, infant care, and social services providers; (E) integration of perinatal support services, including community health workers, doulas, social workers, public health nurses, peer lactation counselors, lactation consultants, childbirth educators, peer mental health workers, and others, into health care entities and organizations; (F) care coordination between maternity, infant care, oral health services, and social services providers within the community; (G) the quality and safety of maternity and infant care; (H) the experience of individuals receiving respectful maternity care, including by increasing the ability of an individual to develop and follow their own birthing plans; and (I) access to adequate prenatal and postpartum care, including— (i) prenatal care that is initiated in a timely manner; (ii) not fewer than 5 post-pregnancy visits to a maternity care provider for postpartum care and support; (iii) interpregnancy care; and (iv) support and treatment for perinatal mood and anxiety disorders. (2) To provide coordinated, evidence-based, respectful, culturally and linguistically appropriate, and person-centered maternity care management. (3) To decrease— (A) preventable and severe maternal morbidity and maternal mortality; (B) overall health care spending; (C) unnecessary emergency department visits; (D) disparities in maternal and infant care outcomes, including racial, economic, disability, gender-based, and geographical disparities; (E) racial, gender, economic, and other discrimination among among health care professionals; (F) racism, discrimination, disrespect, trauma, and abuse in maternity care settings; (G) the rate of cesarean deliveries for low-risk pregnancies; (H) the rate of preterm births and infants born with low birth weight; (I) the rate of avoidable maternal and newborn hospitalizations and admissions to intensive care units; (J) the rate of perinatal mood and anxiety disorders.", "id": "id6C972AF4CFBB4E758E9A525A5BD2EDE9", "header": "Goals of demonstration project", "nested": [], "links": [] }, { "text": "(d) Consultation \nIn designing and implementing the demonstration project the Secretary shall consult with stakeholders, including— (1) States; (2) organizations representing relevant health care professionals, including oral health services professionals; (3) organizations, particularly reproductive justice and birth justice organizations led by people of color, that represent consumers of maternal health care, including consumers of maternal health care who are disproportionately impacted by poor maternal health outcomes; (4) representatives with experience implementing other maternity care home models, including representatives from the Center for Medicare and Medicaid Innovation; (5) community-based health care professionals, including doulas, lactation consultants, and other stakeholders; (6) experts in promoting health equity and combating racial bias in health care settings; and (7) Black, Indigenous, and other maternal health care consumers of color who have experienced severe maternal morbidity.", "id": "idF6A1E71792E346C58BFBEDB361299792", "header": "Consultation", "nested": [], "links": [] }, { "text": "(e) Application and selection of States \n(1) In general \nA State seeking to participate in the demonstration project shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. (2) Selection of States \n(A) In general \nThe Secretary shall select at least 10 States to participate in the demonstration project. (B) Selection requirements \nIn selecting States to participate in the demonstration project, the Secretary shall— (i) ensure that there is geographic and regional diversity in the areas in which activities will be carried out under the project; (ii) ensure that States with significant disparities in maternal and infant health outcomes, including severe maternal morbidity, and other disparities based on race, income, or access to maternity care, are included; and (iii) ensure that at least 1 territory is included.", "id": "id3C2151028AE64E65BD906676312782C1", "header": "Application and selection of States", "nested": [], "links": [] }, { "text": "(f) Grants \n(1) In general \nFrom amounts appropriated under subsection (l), the Secretary shall award 1 grant for each year of the demonstration project to each State that is selected to participate in the demonstration project. (2) Use of grant funds \nA State may use funds received under this section to— (A) award grants or make payments to eligible entities as part of an arrangement described in subsection (g)(2); (B) provide financial incentives to health care professionals, including community-based health care workers and community-based doulas, who participate in the State's maternity care home model; (C) provide adequate training for health care professionals, including community-based health care workers, doulas, and care coordinators, who participate in the State's maternity care home model, which may include training for cultural humility and antiracism, racial bias, health equity, reproductive and birth justice, trauma-informed care, home visiting skills, and respectful communication and listening skills, particularly in regards to maternal health; (D) pay for personnel and administrative expenses associated with designing, implementing, and operating the State's maternity care home model; (E) pay for items and services that are furnished under the State's maternity care home model and for which payment is otherwise unavailable under this title; (F) pay for services and materials to ensure culturally and linguistically appropriate communication, including— (i) language services such as interpreters and translation of written materials; and (ii) development of culturally and linguistically appropriate materials; and auxiliary aids and services; and (G) pay for other costs related to the State's maternity care home model, as determined by the Secretary. (3) Grant for national independent evaluator \n(A) In general \nFrom the amounts appropriated under subsection (l), prior to awarding any grants under paragraph (1), the Secretary shall enter into a contract with a national external entity to create a single, uniform process to— (i) ensure that States that receive grants under paragraph (1) comply with the requirements of this section; and (ii) evaluate the outcomes of the demonstration project in each participating State. (B) Annual report \nThe contract described in subparagraph (A) shall require the national external entity to submit to the Secretary— (i) a yearly evaluation report for each year of the demonstration project; and (ii) a final impact report after the demonstration project has concluded. (C) Secretary's authority \nNothing in this paragraph shall prevent the Secretary from making a determination that a State is not in compliance with the requirements of this section without the national external entity making such a determination.", "id": "idEE26407C35CC49B8A3DBA89B0E786A36", "header": "Grants", "nested": [], "links": [] }, { "text": "(g) Partnership with eligible entities \n(1) In general \nAs a condition of receiving a grant under this section, a State shall enter into an arrangement with one or more eligible entities that meets the requirements of paragraph (2). (2) Arrangements with eligible entities \nUnder an arrangement between a State and an eligible entity under this subsection, the eligible entity shall perform the following functions, with respect to eligible individuals enrolled with the entity under the State's maternity care home model— (A) provide culturally and linguistically appropriate congruent care, which may include prenatal care, family planning services, medical care, mental and behavioral care, postpartum care, and oral health services to such eligible individuals through a team of health care professionals, which may include obstetrician-gynecologists, maternal-fetal medicine specialists, family physicians, primary care providers, oral health providers, physician assistants, advanced practice registered nurses such as nurse practitioners and certified nurse midwives, certified midwives, certified professional midwives, physical therapists, social workers, traditional and community-based doulas, lactation consultants, childbirth educators, community health workers, peer mental health supporters, and other health care professionals; (B) conduct a risk assessment of each such eligible individual to determine if their pregnancy is high or low risk, and establish a tailored pregnancy care plan, which takes into consideration the individual's own preferences and pregnancy care and birthing plans and determines the appropriate support services to reduce the individual's medical, social, and environmental risk factors, for each such eligible individual based on the results of such risk assessment; (C) assign each such eligible individual to a culturally and linguistically appropriate care coordinator, which may be a nurse, social worker, traditional or community-based doula, community health worker, midwife, or other health care provider, who is responsible for ensuring that such eligible individual receives the necessary medical care and connections to essential support services; (D) provide, or arrange for the provision of, essential support services, such as services that address— (i) food access, nutrition, and exercise; (ii) smoking cessation; (iii) substance use disorder and addiction treatment; (iv) anxiety, depression, trauma, and other mental and behavioral health issues; (v) breast feeding, chestfeeding, or other infant feeding options supports, initiation, continuation, and duration; (vi) stable, affordable, safe, and healthy housing; (vii) transportation; (viii) intimate partner violence; (ix) community and police violence; (x) home visiting services; (xi) childbirth and newborn care education; (xii) oral health education; (xiii) continuous labor support; (xiv) group prenatal care; (xv) family planning and contraceptive care and supplies; and (xvi) affordable child care; (E) as appropriate, facilitate connections to a usual primary care provider, which may be a reproductive health care provider; (F) refer to guidelines and opinions of medical associations when determining whether an elective delivery should be performed on an eligible individual before 39 weeks of gestation; (G) provide such eligible individual with evidence-based and culturally and linguistically appropriate education and resources to identify potential warning signs of pregnancy and postpartum complications and when and how to obtain medical attention; (H) provide, or arrange for the provision of, culturally and linguistically appropriate pregnancy and postpartum health services, including family planning counseling and services, to eligible individuals; (I) track and report postpartum health and birth outcomes of such eligible individuals and their children; (J) ensure that care is person-centered, culturally and linguistically appropriate, and patient-led, including by engaging eligible individuals in their own care, including through communication and education; and (K) ensure adequate training for appropriately serving the population of individuals eligible for medical assistance under the State plan or waiver of such plan, including through reproductive justice, birth justice, birth equity, and anti-racist frameworks, home visiting skills, and knowledge of social services.", "id": "idF6D53605151A4823B3BD4904B620DE3A", "header": "Partnership with eligible entities", "nested": [], "links": [] }, { "text": "(h) Term of demonstration project \nThe Secretary shall conduct the demonstration project for a period of 5 years.", "id": "id1490CAD3C5A040ED8CCBB7005AA37740", "header": "Term of demonstration project", "nested": [], "links": [] }, { "text": "(i) Waiver authority \nTo the extent that the Secretary determines necessary in order to carry out the demonstration project, the Secretary may waive section 1902(a)(1) (relating to statewideness) and section 1902(a)(10)(B) (relating to comparability).", "id": "id8A3CCD35A5D34D1CBD5FA1A82B5A1B28", "header": "Waiver authority", "nested": [], "links": [] }, { "text": "(j) Technical assistance \nThe Secretary shall establish a process to provide technical assistance to States that are awarded grants under this section and to eligible entities and other providers participating in a State maternity care home model funded by such a grant.", "id": "idA9ABE8F51DAC4C019F456B6FA44B450F", "header": "Technical assistance", "nested": [], "links": [] }, { "text": "(k) Report \n(1) In general \nNot later than 18 months after the date of the enactment of this section and annually thereafter for each year of the demonstration project term, the Secretary shall submit a report to Congress on the results of the demonstration project. (2) Final report \nAs part of the final report required under paragraph (1), the Secretary shall include— (A) the results of the final report of the national external entity required under subsection (f)(3)(B)(ii); and (B) recommendations on whether the model studied in the demonstration project should be continued or more widely adopted, including by private health plans.", "id": "id1728B308629C4E92AA940287799C39F3", "header": "Report", "nested": [], "links": [] }, { "text": "(l) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary, for each of fiscal years 2024 through 2031, such sums as may be necessary to carry out this section.", "id": "id1EC35CDB744647D9AC6193AEB1B820CF", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Reapplication of Medicare payment rate floor to primary care services furnished under Medicaid and inclusion of additional providers \n(a) Reapplication of payment floor; additional providers \n(1) In general \nSection 1902(a)(13) of the Social Security Act ( 42 U.S.C. 1396a(a)(13) ) is amended— (A) in subparagraph (B), by striking ; and and inserting a semicolon; (B) in subparagraph (C), by striking the semicolon and inserting ; and ; and (C) by adding at the end the following new subparagraph: (D) payment for primary care services (as defined in subsection (jj)(1)) furnished in the period that begins on the first day of the first month that begins after the date of enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act by a provider described in subsection (jj)(2)— (i) at a rate that is not less than 100 percent of the payment rate that applies to such services and the provider of such services under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year were the conversion factor under such section for 2009); (ii) in the case of items and services that are not items and services provided under such part, at a rate to be established by the Secretary; and (iii) in the case of items and services that are furnished in rural areas (as defined in section 1886(d)(2)(D)), health professional shortage areas (as defined in section 332(a)(1)(A) of the Public Health Service Act ( 42 U.S.C. 254e(a)(1)(A) )), or medically underserved areas (according to a designation under section 330(b)(3)(A) of the Public Health Service Act ( 42 U.S.C. 254b(b)(3)(A) )), at the rate otherwise applicable to such items or services under clause (i) or (ii) increased, at the Secretary's discretion, by not more than 25 percent;. (2) Conforming amendments \n(A) Section 1902(a)(13)(C) of the Social Security Act ( 42 U.S.C. 1396a(a)(13)(C) ) is amended by striking subsection (jj) and inserting subsection (jj)(1). (B) Section 1905(dd) of the Social Security Act ( 42 U.S.C. 1396d(dd) ) is amended— (i) by striking Notwithstanding and inserting the following: (1) In general \nNotwithstanding ; (ii) by striking section 1902(a)(13)(C) and inserting subparagraph (C) of section 1902(a)(13) ; (iii) by inserting or for services described in subparagraph (D) of section 1902(a)(13) furnished during an additional period specified in paragraph (2), after 2015, ; (iv) by striking under such section and inserting under subparagraph (C) or (D) of section 1902(a)(13), as applicable ; and (v) by adding at the end the following: (2) Additional periods \nFor purposes of paragraph (1), the following are additional periods: (A) The period that begins on the first day of the first month that begins after the date of enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act.. (b) Improved targeting of primary care \nSection 1902(jj) of the Social Security Act ( 42 U.S.C. 1396a(jj) ) is amended— (1) by redesignating paragraphs (1) and (2) as clauses (i) and (ii), respectively and realigning the left margins accordingly; (2) by striking For purposes of subsection (a)(13)(C) and inserting the following: (1) In general \n(A) Definition \nFor purposes of subparagraphs (C) and (D) of subsection (a)(13) ; and (3) by inserting after clause (ii) (as so redesignated) the following: (B) Exclusions \nSuch term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital. (2) Additional providers \nFor purposes of subparagraph (D) of subsection (a)(13), a provider described in this paragraph is any of the following: (A) A physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, or obstetrics and gynecology. (B) An advanced practice clinician, as defined by the Secretary, that works under the supervision of— (i) a physician that satisfies the criteria specified in subparagraph (A); (ii) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law; or (iii) or a certified nurse-midwife (as defined in section 1861(gg)) or a certified professional midwife who is working in accordance with State law. (C) A rural health clinic, federally qualified health center, health center that receives funding under title X of the Public Health Service Act, or other health clinic that receives reimbursement on a fee schedule applicable to a physician. (D) An advanced practice clinician supervised by a physician described in subparagraph (A), another advanced practice clinician, or a certified nurse-midwife. (E) A midwife who is working in accordance with State law.. (c) Ensuring payment by managed care entities \n(1) In general \nSection 1903(m)(2)(A) of the Social Security Act ( 42 U.S.C. 1396b(m)(2)(A) ) is amended— (A) in clause (xii), by striking and after the semicolon; (B) by realigning the left margin of clause (xiii) so as to align with the left margin of clause (xii) and by striking the period at the end of clause (xiii) and inserting ; and ; and (C) by inserting after clause (xiii) the following: (xiv) such contract provides that (I) payments to providers specified in section 1902(a)(13)(D) for primary care services defined in section 1902(jj) that are furnished during a year or period specified in section 1902(a)(13)(D) and section 1905(dd) are at least equal to the amounts set forth and required by the Secretary by regulation, (II) the entity shall, upon request, provide documentation to the State, sufficient to enable the State and the Secretary to ensure compliance with subclause (I), and (III) the Secretary shall approve payments described in subclause (I) that are furnished through an agreed upon capitation, partial capitation, or other value-based payment arrangement if the capitation, partial capitation, or other value-based payment arrangement is based on a reasonable methodology and the entity provides documentation to the State sufficient to enable the State and the Secretary to ensure compliance with subclause (I).. (2) Conforming amendment \nSection 1932(f) of the Social Security Act ( 42 U.S.C. 1396u–2(f) ) is amended— (A) by striking section 1902(a)(13)(C) and inserting subsections (C) and (D) of section 1902(a)(13) ; and (B) by inserting and clause (xiv) of section 1903(m)(2)(A) before the period.", "id": "idC991D6C55F644CA8A749D3ACF3CD21DE", "header": "Reapplication of Medicare payment rate floor to primary care services furnished under Medicaid and inclusion of additional providers", "nested": [ { "text": "(a) Reapplication of payment floor; additional providers \n(1) In general \nSection 1902(a)(13) of the Social Security Act ( 42 U.S.C. 1396a(a)(13) ) is amended— (A) in subparagraph (B), by striking ; and and inserting a semicolon; (B) in subparagraph (C), by striking the semicolon and inserting ; and ; and (C) by adding at the end the following new subparagraph: (D) payment for primary care services (as defined in subsection (jj)(1)) furnished in the period that begins on the first day of the first month that begins after the date of enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act by a provider described in subsection (jj)(2)— (i) at a rate that is not less than 100 percent of the payment rate that applies to such services and the provider of such services under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year were the conversion factor under such section for 2009); (ii) in the case of items and services that are not items and services provided under such part, at a rate to be established by the Secretary; and (iii) in the case of items and services that are furnished in rural areas (as defined in section 1886(d)(2)(D)), health professional shortage areas (as defined in section 332(a)(1)(A) of the Public Health Service Act ( 42 U.S.C. 254e(a)(1)(A) )), or medically underserved areas (according to a designation under section 330(b)(3)(A) of the Public Health Service Act ( 42 U.S.C. 254b(b)(3)(A) )), at the rate otherwise applicable to such items or services under clause (i) or (ii) increased, at the Secretary's discretion, by not more than 25 percent;. (2) Conforming amendments \n(A) Section 1902(a)(13)(C) of the Social Security Act ( 42 U.S.C. 1396a(a)(13)(C) ) is amended by striking subsection (jj) and inserting subsection (jj)(1). (B) Section 1905(dd) of the Social Security Act ( 42 U.S.C. 1396d(dd) ) is amended— (i) by striking Notwithstanding and inserting the following: (1) In general \nNotwithstanding ; (ii) by striking section 1902(a)(13)(C) and inserting subparagraph (C) of section 1902(a)(13) ; (iii) by inserting or for services described in subparagraph (D) of section 1902(a)(13) furnished during an additional period specified in paragraph (2), after 2015, ; (iv) by striking under such section and inserting under subparagraph (C) or (D) of section 1902(a)(13), as applicable ; and (v) by adding at the end the following: (2) Additional periods \nFor purposes of paragraph (1), the following are additional periods: (A) The period that begins on the first day of the first month that begins after the date of enactment of the Maximizing Outcomes for Moms through Medicaid Improvement and Enhancement of Services Act..", "id": "idA8C7D95E74B242ACA0B828AE66958046", "header": "Reapplication of payment floor; additional providers", "nested": [], "links": [ { "text": "42 U.S.C. 1396a(a)(13)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 254e(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/254e" }, { "text": "42 U.S.C. 254b(b)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/254b" }, { "text": "42 U.S.C. 1396a(a)(13)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396d(dd)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" } ] }, { "text": "(b) Improved targeting of primary care \nSection 1902(jj) of the Social Security Act ( 42 U.S.C. 1396a(jj) ) is amended— (1) by redesignating paragraphs (1) and (2) as clauses (i) and (ii), respectively and realigning the left margins accordingly; (2) by striking For purposes of subsection (a)(13)(C) and inserting the following: (1) In general \n(A) Definition \nFor purposes of subparagraphs (C) and (D) of subsection (a)(13) ; and (3) by inserting after clause (ii) (as so redesignated) the following: (B) Exclusions \nSuch term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital. (2) Additional providers \nFor purposes of subparagraph (D) of subsection (a)(13), a provider described in this paragraph is any of the following: (A) A physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, or obstetrics and gynecology. (B) An advanced practice clinician, as defined by the Secretary, that works under the supervision of— (i) a physician that satisfies the criteria specified in subparagraph (A); (ii) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law; or (iii) or a certified nurse-midwife (as defined in section 1861(gg)) or a certified professional midwife who is working in accordance with State law. (C) A rural health clinic, federally qualified health center, health center that receives funding under title X of the Public Health Service Act, or other health clinic that receives reimbursement on a fee schedule applicable to a physician. (D) An advanced practice clinician supervised by a physician described in subparagraph (A), another advanced practice clinician, or a certified nurse-midwife. (E) A midwife who is working in accordance with State law..", "id": "idDDC246F6C62D4A06B0276F5DA6FDA843", "header": "Improved targeting of primary care", "nested": [], "links": [ { "text": "42 U.S.C. 1396a(jj)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" } ] }, { "text": "(c) Ensuring payment by managed care entities \n(1) In general \nSection 1903(m)(2)(A) of the Social Security Act ( 42 U.S.C. 1396b(m)(2)(A) ) is amended— (A) in clause (xii), by striking and after the semicolon; (B) by realigning the left margin of clause (xiii) so as to align with the left margin of clause (xii) and by striking the period at the end of clause (xiii) and inserting ; and ; and (C) by inserting after clause (xiii) the following: (xiv) such contract provides that (I) payments to providers specified in section 1902(a)(13)(D) for primary care services defined in section 1902(jj) that are furnished during a year or period specified in section 1902(a)(13)(D) and section 1905(dd) are at least equal to the amounts set forth and required by the Secretary by regulation, (II) the entity shall, upon request, provide documentation to the State, sufficient to enable the State and the Secretary to ensure compliance with subclause (I), and (III) the Secretary shall approve payments described in subclause (I) that are furnished through an agreed upon capitation, partial capitation, or other value-based payment arrangement if the capitation, partial capitation, or other value-based payment arrangement is based on a reasonable methodology and the entity provides documentation to the State sufficient to enable the State and the Secretary to ensure compliance with subclause (I).. (2) Conforming amendment \nSection 1932(f) of the Social Security Act ( 42 U.S.C. 1396u–2(f) ) is amended— (A) by striking section 1902(a)(13)(C) and inserting subsections (C) and (D) of section 1902(a)(13) ; and (B) by inserting and clause (xiv) of section 1903(m)(2)(A) before the period.", "id": "id0EEDA82190F146F1A42FDE37B0D638FF", "header": "Ensuring payment by managed care entities", "nested": [], "links": [ { "text": "42 U.S.C. 1396b(m)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" }, { "text": "42 U.S.C. 1396u–2(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1396u-2" } ] } ], "links": [ { "text": "42 U.S.C. 1396a(a)(13)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 254e(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/254e" }, { "text": "42 U.S.C. 254b(b)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/254b" }, { "text": "42 U.S.C. 1396a(a)(13)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396d(dd)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1396a(jj)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396b(m)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" }, { "text": "42 U.S.C. 1396u–2(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1396u-2" } ] }, { "text": "5. MACPAC report and CMS guidance on increasing access to doula services for Medicaid beneficiaries \n(a) MACPAC Report \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Medicaid and CHIP Payment and Access Commission (referred to in this section as MACPAC ) shall publish a report on the coverage of doula services under State Medicaid programs, which shall at a minimum include the following: (A) Information about coverage for doula services under State Medicaid programs that currently provide coverage for such care, including the type of doula services offered (such as prenatal, labor and delivery, postpartum support, and community-based and traditional doula services), credentialing and provider enrollment requirements for doulas under State Medicaid programs, additional forms of support contributing to doula enrollment and reimbursement under State Medicaid programs, and data on outcomes with respect to doula services under each State Medicaid program, including the number of doulas registered under the State Medicaid program, the number of pregnant, birthing, and postpartum people served by doulas under the State Medicaid program, and the amount of time it takes for doulas to receive payment under the State Medicaid program for services provided under the program. (B) An analysis of barriers to covering doula services under State Medicaid programs. (C) An identification of effective strategies to increase the use of doula services in order to provide better care and achieve better maternal and infant health outcomes, including strategies that States may use to recruit, train, sutain, and certify a diverse doula workforce, particularly from underserved communities, communities of color, and communities facing linguistic or cultural barriers. (D) Recommendations for legislative and administrative actions to increase access to doula services in State Medicaid programs, including actions that ensure doulas may earn a sustainable living wage that accounts for their time and costs associated with providing care and community-based doula program administration and operation. (2) Stakeholder consultation \nIn developing the report required under paragraph (1), MACPAC shall consult with relevant stakeholders, including— (A) States; (B) organizations, especially reproductive justice and birth justice organizations led by people of color, representing consumers of maternal health care, including those that are disproportionately impacted by poor maternal health outcomes; (C) organizations and individuals representing doulas, including community-based doula programs and those who serve underserved communities, including communities of color, and communities facing linguistic or cultural barriers; (D) organizations representing health care providers; and (E) Black, Indigenous, and other maternal health care consumers of color who have experienced severe maternal morbidity. (b) CMS guidance \n(1) In general \nNot later than 1 year after the date that MACPAC publishes the report required under subsection (a)(1), the Administrator of the Centers for Medicare & Medicaid Services shall issue guidance to States on increasing access to doula services under Medicaid. Such guidance shall at a minimum include— (A) options for States to provide medical assistance for doula services under State Medicaid programs; (B) best practices for ensuring that doulas, including community-based doulas, receive reimbursement for doula services provided under a State Medicaid program, at a level that allows doulas to earn a living wage that accounts for their time and costs associated with providing care and community-based doula program administration; and (C) best practices for increasing access to doula services, including services provided by community-based doulas, under State Medicaid programs. (2) Stakeholder consultation \nIn developing the guidance required under paragraph (1), the Administrator of the Centers for Medicare & Medicaid Services shall consult with MACPAC and other relevant stakeholders, including— (A) State Medicaid officials; (B) organizations representing consumers of maternal health care, including those that are disproportionately impacted by poor maternal health outcomes; (C) organizations representing doulas, including community-based doulas and those who serve underserved communities, such as communities of color and communities facing linguistic or cultural barriers; (D) organizations representing medical professionals; and (E) maternal health advocacy organizations.", "id": "id66EC2B4DD0FA44DCBF6D1276326B7EB8", "header": "MACPAC report and CMS guidance on increasing access to doula services for Medicaid beneficiaries", "nested": [ { "text": "(a) MACPAC Report \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Medicaid and CHIP Payment and Access Commission (referred to in this section as MACPAC ) shall publish a report on the coverage of doula services under State Medicaid programs, which shall at a minimum include the following: (A) Information about coverage for doula services under State Medicaid programs that currently provide coverage for such care, including the type of doula services offered (such as prenatal, labor and delivery, postpartum support, and community-based and traditional doula services), credentialing and provider enrollment requirements for doulas under State Medicaid programs, additional forms of support contributing to doula enrollment and reimbursement under State Medicaid programs, and data on outcomes with respect to doula services under each State Medicaid program, including the number of doulas registered under the State Medicaid program, the number of pregnant, birthing, and postpartum people served by doulas under the State Medicaid program, and the amount of time it takes for doulas to receive payment under the State Medicaid program for services provided under the program. (B) An analysis of barriers to covering doula services under State Medicaid programs. (C) An identification of effective strategies to increase the use of doula services in order to provide better care and achieve better maternal and infant health outcomes, including strategies that States may use to recruit, train, sutain, and certify a diverse doula workforce, particularly from underserved communities, communities of color, and communities facing linguistic or cultural barriers. (D) Recommendations for legislative and administrative actions to increase access to doula services in State Medicaid programs, including actions that ensure doulas may earn a sustainable living wage that accounts for their time and costs associated with providing care and community-based doula program administration and operation. (2) Stakeholder consultation \nIn developing the report required under paragraph (1), MACPAC shall consult with relevant stakeholders, including— (A) States; (B) organizations, especially reproductive justice and birth justice organizations led by people of color, representing consumers of maternal health care, including those that are disproportionately impacted by poor maternal health outcomes; (C) organizations and individuals representing doulas, including community-based doula programs and those who serve underserved communities, including communities of color, and communities facing linguistic or cultural barriers; (D) organizations representing health care providers; and (E) Black, Indigenous, and other maternal health care consumers of color who have experienced severe maternal morbidity.", "id": "id0C46A4481C9544D1A278C574032A4900", "header": "MACPAC Report", "nested": [], "links": [] }, { "text": "(b) CMS guidance \n(1) In general \nNot later than 1 year after the date that MACPAC publishes the report required under subsection (a)(1), the Administrator of the Centers for Medicare & Medicaid Services shall issue guidance to States on increasing access to doula services under Medicaid. Such guidance shall at a minimum include— (A) options for States to provide medical assistance for doula services under State Medicaid programs; (B) best practices for ensuring that doulas, including community-based doulas, receive reimbursement for doula services provided under a State Medicaid program, at a level that allows doulas to earn a living wage that accounts for their time and costs associated with providing care and community-based doula program administration; and (C) best practices for increasing access to doula services, including services provided by community-based doulas, under State Medicaid programs. (2) Stakeholder consultation \nIn developing the guidance required under paragraph (1), the Administrator of the Centers for Medicare & Medicaid Services shall consult with MACPAC and other relevant stakeholders, including— (A) State Medicaid officials; (B) organizations representing consumers of maternal health care, including those that are disproportionately impacted by poor maternal health outcomes; (C) organizations representing doulas, including community-based doulas and those who serve underserved communities, such as communities of color and communities facing linguistic or cultural barriers; (D) organizations representing medical professionals; and (E) maternal health advocacy organizations.", "id": "idBAD936BCD1A04ED1A97941800183EF17", "header": "CMS guidance", "nested": [], "links": [] } ], "links": [] }, { "text": "6. GAO report on State Medicaid programs' use of telehealth to increase access to maternity care \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress on State Medicaid programs' use of telehealth to increase access to maternity care. Such report shall include the following: (1) The number of State Medicaid programs that utilize telehealth that increases access to maternity care. (2) With respect to State Medicaid programs that utilize telehealth that increases access to maternity care, information about— (A) common characteristics of such programs' approaches to utilizing telehealth that increases access to maternity care; (B) differences in States’ approaches to utilizing telehealth to improve access to maternity care, and the resulting differences in State maternal health outcomes, as determined by factors described in subsection (C); and (C) when compared to patients who receive maternity care in-person, what is known about— (i) the demographic characteristics, such as race, ethnicity, sex, sexual orientation, gender identity, disability status, age, and preferred language of the individuals enrolled in such programs who use telehealth to access maternity care; (ii) health outcomes for such individuals, including frequency of mortality and severe morbidity, as compared to individuals with similar characteristics who did not use telehealth to access maternity care; (iii) the services provided to individuals through telehealth, including family planning services, mental health care services, and oral health services; (iv) the devices and equipment provided to individuals for remote patient monitoring and telehealth, including blood pressure monitors and blood glucose monitors; (v) the quality of maternity care provided through telehealth, including whether maternity care provided through telehealth is culturally and linguistically appropriate; (vi) the level of patient satisfaction with an experience of maternity care provided through telehealth to individuals enrolled in State Medicaid programs; (vii) the impact of utilizing telehealth to increase access to maternity care on spending, cost savings, access to care, and utilization of care under State Medicaid programs; and (viii) the accessibility and effectiveness of telehealth for maternity care during the COVID–19 pandemic. (3) An identification and analysis of the barriers to using telehealth to increase access to maternity care under State Medicaid programs. (4) Recommendations for such legislative and administrative actions related to increasing access to telehealth maternity services under Medicaid as the Comptroller General deems appropriate.", "id": "id53B04F181FA3443AB3FE97CFCAF96C9D", "header": "GAO report on State Medicaid programs' use of telehealth to increase access to maternity care", "nested": [], "links": [] } ]

[ "Administrative law and regulatory procedures", "Cardiovascular and respiratory health", "Child health", "Community life and organization", "Congressional oversight", "Dental care", "Department of Health and Human Services", "Digestive and metabolic diseases", "Disability and health-based discrimination", "Emergency medical services and trauma care", "Family planning and birth control", "Foreign language and bilingual programs", "Health care costs and insurance", "Health care coverage and access", "Health care quality", "Health information and medical records", "Health personnel", "Health programs administration and funding", "Health promotion and preventive care", "Health technology, devices, supplies", "Home and outpatient care", "Infectious and parasitic diseases", "Internet, web applications, social media", "Medicaid", "Minority health", "Poverty and welfare assistance", "Racial and ethnic relations", "Sex and reproductive health", "Sex, gender, sexual orientation discrimination", "Social work, volunteer service, charitable organizations", "State and local government operations", "Wages and earnings", "Women's health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Protect Camp Lejeune Victims Ensnared by Trial-lawyer’s Scams Act or the Protect Camp Lejeune VETS Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Attorneys fees in Federal cause of action relating to water at Camp Lejeune, North Carolina \n(a) In general \nThe Camp Lejeune Justice Act of 2022 ( 28 U.S.C. 2671 note prec.) is amended— (1) by redesignating subsections (h), (i), and (j) as subsections (j), (k), and (l), respectively; and (2) by inserting after subsection (g) the following: (h) Attorneys fees \n(1) Limitations \n(A) General rule \nNotwithstanding any contract, an attorney filing an action under subsection (b) or an administrative action relating to such an action (as described in section 2675 of title 28, United States Code) (in this section referred to as an administrative claim ) may not receive, for services rendered in connection with the action, more than— (i) 12 percent of the payment made in the action for an administrative claim (including a resubmission of an administrative claim after the denial of an initial administrative claim); or (ii) 17 percent of the payment made in the action for a judgment rendered or settlement entered in an action filed under subsection (b). (B) Amount of payment determined after offset \nFor purposes of this subsection, the amount of the payment made in an action shall be the amount of the payment after any offsetting reduction under subsection (e)(2) is made. (C) Prohibition on ancillary fees and costs \nAttorneys fees paid in accordance with this subsection may not include any ancillary fees or costs. (2) Penalty \nAny attorney who violates paragraph (1) shall be fined not more than $5,000. (3) Certification of fees \nAn attorney that receives payment for services rendered in connection with an action filed under subsection (b) or an administrative claim shall submit to the court in which the action under subsection (b) is pending or to the Secretary of the Navy, respectively, a statement certifying— (A) the total amount of the payment in the action; (B) the amount of the payment to the attorney with respect to the action; and (C) whether the percentage of the payment made to the attorney is in accordance with paragraph (1). (4) Disclosure \n(A) In general \nAny judgment rendered, settlement entered, or other award made with respect to an action filed under subsection (b) or an administrative claim shall require disclosure to the Attorney General or to the court of the attorneys fees charged to an individual, or the legal representative of an individual. (B) Reporting \nThe Attorney General shall collect the disclosures under subparagraph (A) of attorneys fees charged and submit to Congress an annual report detailing— (i) the total amount paid under such judgments, settlements, and awards; (ii) the total amount of attorney fees paid in connection with such judgments, settlements, and awards; and (iii) for each such judgment, settlement, or award— (I) the name of the attorney for the individual or legal representative of the individual; (II) if applicable, the law firm of the attorney; and (III) the amount of fees paid to the attorney. (5) Applicability \nThis subsection shall apply with respect to any action filed under subsection (b) and any administrative action that is pending on, or that is filed on or after, the date of enactment of the Protect Camp Lejeune VETS Act , including pending matters in which a judgment was rendered, a settlement was entered, or another award was made before such date of enactment. (6) Severability \nIf any provision of this subsection or the application of such provision to any person or circumstance is held to be invalid or unconstitutional, the remainder of this subsection and the application of such provisions to any person or circumstance shall not be affected thereby.. (b) Guidance \nNot later than 30 days after the date of enactment of this Act, the Secretary of the Navy shall issue guidance for claimants under the Camp Lejeune Justice Act of 2022 ( 28 U.S.C. 2671 note prec.) regarding the documentation necessary to establish a claim under such Act. (c) Compensation schedule \nNot later than 180 days after the date of enactment of this Act, the Secretary of the Navy shall issue a compensation schedule specifying the amount of payments for claimants under the Camp Lejeune Justice Act of 2022 ( 28 U.S.C. 2671 note prec.), based on the injuries suffered by the claimant.", "id": "id9d3f0084d3104555bea2242087fb1a1d", "header": "Attorneys fees in Federal cause of action relating to water at Camp Lejeune, North Carolina", "nested": [ { "text": "(a) In general \nThe Camp Lejeune Justice Act of 2022 ( 28 U.S.C. 2671 note prec.) is amended— (1) by redesignating subsections (h), (i), and (j) as subsections (j), (k), and (l), respectively; and (2) by inserting after subsection (g) the following: (h) Attorneys fees \n(1) Limitations \n(A) General rule \nNotwithstanding any contract, an attorney filing an action under subsection (b) or an administrative action relating to such an action (as described in section 2675 of title 28, United States Code) (in this section referred to as an administrative claim ) may not receive, for services rendered in connection with the action, more than— (i) 12 percent of the payment made in the action for an administrative claim (including a resubmission of an administrative claim after the denial of an initial administrative claim); or (ii) 17 percent of the payment made in the action for a judgment rendered or settlement entered in an action filed under subsection (b). (B) Amount of payment determined after offset \nFor purposes of this subsection, the amount of the payment made in an action shall be the amount of the payment after any offsetting reduction under subsection (e)(2) is made. (C) Prohibition on ancillary fees and costs \nAttorneys fees paid in accordance with this subsection may not include any ancillary fees or costs. (2) Penalty \nAny attorney who violates paragraph (1) shall be fined not more than $5,000. (3) Certification of fees \nAn attorney that receives payment for services rendered in connection with an action filed under subsection (b) or an administrative claim shall submit to the court in which the action under subsection (b) is pending or to the Secretary of the Navy, respectively, a statement certifying— (A) the total amount of the payment in the action; (B) the amount of the payment to the attorney with respect to the action; and (C) whether the percentage of the payment made to the attorney is in accordance with paragraph (1). (4) Disclosure \n(A) In general \nAny judgment rendered, settlement entered, or other award made with respect to an action filed under subsection (b) or an administrative claim shall require disclosure to the Attorney General or to the court of the attorneys fees charged to an individual, or the legal representative of an individual. (B) Reporting \nThe Attorney General shall collect the disclosures under subparagraph (A) of attorneys fees charged and submit to Congress an annual report detailing— (i) the total amount paid under such judgments, settlements, and awards; (ii) the total amount of attorney fees paid in connection with such judgments, settlements, and awards; and (iii) for each such judgment, settlement, or award— (I) the name of the attorney for the individual or legal representative of the individual; (II) if applicable, the law firm of the attorney; and (III) the amount of fees paid to the attorney. (5) Applicability \nThis subsection shall apply with respect to any action filed under subsection (b) and any administrative action that is pending on, or that is filed on or after, the date of enactment of the Protect Camp Lejeune VETS Act , including pending matters in which a judgment was rendered, a settlement was entered, or another award was made before such date of enactment. (6) Severability \nIf any provision of this subsection or the application of such provision to any person or circumstance is held to be invalid or unconstitutional, the remainder of this subsection and the application of such provisions to any person or circumstance shall not be affected thereby..", "id": "idE4E4984773414C41AAF6799B9B0F6454", "header": "In general", "nested": [], "links": [ { "text": "28 U.S.C. 2671", "legal-doc": "usc", "parsable-cite": "usc/28/2671" } ] }, { "text": "(b) Guidance \nNot later than 30 days after the date of enactment of this Act, the Secretary of the Navy shall issue guidance for claimants under the Camp Lejeune Justice Act of 2022 ( 28 U.S.C. 2671 note prec.) regarding the documentation necessary to establish a claim under such Act.", "id": "id1E320173B354418CA1FED99FD4C31FAF", "header": "Guidance", "nested": [], "links": [ { "text": "28 U.S.C. 2671", "legal-doc": "usc", "parsable-cite": "usc/28/2671" } ] }, { "text": "(c) Compensation schedule \nNot later than 180 days after the date of enactment of this Act, the Secretary of the Navy shall issue a compensation schedule specifying the amount of payments for claimants under the Camp Lejeune Justice Act of 2022 ( 28 U.S.C. 2671 note prec.), based on the injuries suffered by the claimant.", "id": "id37700B5569714C73960AB0973360D328", "header": "Compensation schedule", "nested": [], "links": [ { "text": "28 U.S.C. 2671", "legal-doc": "usc", "parsable-cite": "usc/28/2671" } ] } ], "links": [ { "text": "28 U.S.C. 2671", "legal-doc": "usc", "parsable-cite": "usc/28/2671" }, { "text": "28 U.S.C. 2671", "legal-doc": "usc", "parsable-cite": "usc/28/2671" }, { "text": "28 U.S.C. 2671", "legal-doc": "usc", "parsable-cite": "usc/28/2671" } ] } ]

[ "Administrative remedies", "Civil actions and liability", "Congressional oversight", "Government information and archives", "Legal fees and court costs", "Military facilities and property", "North Carolina", "Veterans' pensions and compensation", "Water quality" ]

[ { "text": "1. Short title \nThis Act may be cited as the Travel Freedom Act.", "id": "idbfa9b460784c4461923456d423c0f316", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Terminating CDC requirement for proof of COVID–19 vaccination for foreign travelers \n(a) In general \nBeginning on the date of the enactment of this Act, the air travel vaccination requirement for foreign travelers shall have no force or effect. (b) Prohibition on funding \nBeginning on the date of the enactment of this Act, no Federal funds may be used to administer, implement, or enforce the air travel vaccination requirement for foreign travelers. (c) Air travel vaccination requirement for foreign travelers \nIn this section, the term air travel vaccination requirement for foreign travelers refers to the requirement specified in— (1) the order issued by the Director of the Centers for Disease Control and Prevention entitled Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID–19 Pandemic and published in the Federal Register on April 7, 2022 (87 Fed. Reg. 20405 et seq.) for proof of COVID–19 vaccination for air travelers who are covered individuals (as defined in such order); or (2) any successor or subsequent order of the Centers for Disease Control and Prevention requiring foreign persons traveling by air to show proof of COVID–19 vaccination as a condition on entering the United States.", "id": "idc36d0ff76c4a434cb02a027b0251d303", "header": "Terminating CDC requirement for proof of COVID–19 vaccination for foreign travelers", "nested": [ { "text": "(a) In general \nBeginning on the date of the enactment of this Act, the air travel vaccination requirement for foreign travelers shall have no force or effect.", "id": "idD4A2963F491B4018BAC1CFBD5D4B1730", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Prohibition on funding \nBeginning on the date of the enactment of this Act, no Federal funds may be used to administer, implement, or enforce the air travel vaccination requirement for foreign travelers.", "id": "idC4A6FBF833B54C5C9D89AABE4CCBC8DA", "header": "Prohibition on funding", "nested": [], "links": [] }, { "text": "(c) Air travel vaccination requirement for foreign travelers \nIn this section, the term air travel vaccination requirement for foreign travelers refers to the requirement specified in— (1) the order issued by the Director of the Centers for Disease Control and Prevention entitled Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID–19 Pandemic and published in the Federal Register on April 7, 2022 (87 Fed. Reg. 20405 et seq.) for proof of COVID–19 vaccination for air travelers who are covered individuals (as defined in such order); or (2) any successor or subsequent order of the Centers for Disease Control and Prevention requiring foreign persons traveling by air to show proof of COVID–19 vaccination as a condition on entering the United States.", "id": "idE54250D8A3FF41B193CED566130F7E83", "header": "Air travel vaccination requirement for foreign travelers", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Terminating requirement for proof of COVID–19 vaccination for foreign persons entering along United States-Canada border \n(a) In general \nBeginning on the date of the enactment of this Act, the vaccination requirement for processing foreign travelers entering at land points of entry, including ferry terminals, along the United States-Canada border shall have no force or effect. (b) Prohibition on funding \nBeginning on the date of the enactment of this Act, no Federal funds may be used to administer, implement, or enforce the vaccination requirement for processing foreign travelers entering at land points of entry, including ferry terminals, along the United States-Canada border. (c) Vaccination requirement for foreign travelers entering along the United States-Canada border \nIn this section, the term vaccination requirement for processing foreign travelers entering at land points of entry, including ferry terminals, along the United States-Canada border refers to the requirement specified in— (1) the decision issued by the Secretary of Homeland Security and the Commissioner for U.S. Customs and Border Protection entitled Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada and published in the Federal Register on April 22, 2022 (87 Fed. Reg. 24048 et seq.) for proof of COVID–19 vaccination for travelers who are covered individuals (as defined in such order); or (2) any successor or subsequent order of the Secretary of Homeland Security or the Commissioner for U.S. Customs and Border Protection for the processing for entry into the United States foreign persons to show proof of COVID–19 vaccination as a condition on entering the United States, unless determined necessary by Congress.", "id": "idb10d32ce583846a28d2de992740f773f", "header": "Terminating requirement for proof of COVID–19 vaccination for foreign persons entering along United States-Canada border", "nested": [ { "text": "(a) In general \nBeginning on the date of the enactment of this Act, the vaccination requirement for processing foreign travelers entering at land points of entry, including ferry terminals, along the United States-Canada border shall have no force or effect.", "id": "HC761258B82BB4AABB3E6E8015CDC41DB", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Prohibition on funding \nBeginning on the date of the enactment of this Act, no Federal funds may be used to administer, implement, or enforce the vaccination requirement for processing foreign travelers entering at land points of entry, including ferry terminals, along the United States-Canada border.", "id": "H80194EA14E224E619F7BA9F978F9F5C5", "header": "Prohibition on funding", "nested": [], "links": [] }, { "text": "(c) Vaccination requirement for foreign travelers entering along the United States-Canada border \nIn this section, the term vaccination requirement for processing foreign travelers entering at land points of entry, including ferry terminals, along the United States-Canada border refers to the requirement specified in— (1) the decision issued by the Secretary of Homeland Security and the Commissioner for U.S. Customs and Border Protection entitled Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada and published in the Federal Register on April 22, 2022 (87 Fed. Reg. 24048 et seq.) for proof of COVID–19 vaccination for travelers who are covered individuals (as defined in such order); or (2) any successor or subsequent order of the Secretary of Homeland Security or the Commissioner for U.S. Customs and Border Protection for the processing for entry into the United States foreign persons to show proof of COVID–19 vaccination as a condition on entering the United States, unless determined necessary by Congress.", "id": "H4281F40761F04F6C9033704364190614", "header": "Vaccination requirement for foreign travelers entering along the United States-Canada border", "nested": [], "links": [] } ], "links": [] } ]

[ "Administrative law and regulatory procedures", "Aviation and airports", "Cardiovascular and respiratory health", "Centers for Disease Control and Prevention (CDC)", "Department of Homeland Security", "Immunology and vaccination", "Infectious and parasitic diseases", "Travel and tourism" ]

[ { "text": "1. Short title \nThis Act may be cited as the Navajo-Gallup Water Supply Project Amendments Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nSection 10302 of the Northwestern New Mexico Rural Water Projects Act ( 43 U.S.C. 407 note; Public Law 111–11 ) is amended— (1) by striking paragraph (29); (2) by redesignating paragraphs (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), and (30) as paragraphs (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (27), (28), (30), (31), and (32), respectively; (3) by inserting after paragraph (11) the following: (12) Deferred Construction Fund \nThe term Deferred Construction Fund means the Navajo Nation's Navajo-Gallup Water Supply Project Deferred Construction Fund established by section 10602(i)(1)(A). ; (4) in paragraph (14) (as so redesignated)— (A) in the paragraph heading, by striking Draft and inserting Final Environmental ; (B) by striking Draft Impact and inserting Final Environmental ; (C) by striking draft environmental and inserting final environmental ; and (D) by striking March 2007 and inserting July 6, 2009 ; (5) in paragraph (19) (as so redesignated), by striking Draft and inserting Final Environmental ; (6) by inserting after paragraph (25) (as so redesignated) the following: (26) Project Service Area \nThe term Project Service Area means the area that encompasses the 43 Nation chapters, the southwest portion of the Jicarilla Apache Reservation, and the City that is identified to be served by the Project, as illustrated in figure IV–5 (Drawing No. 1695–406–49) of the Final Environmental Impact Statement. ; (7) by inserting after paragraph (28) (as so redesignated) the following: (29) Settlement trust funds \nThe term Settlement Trust Funds means— (A) the Navajo Nation Water Resources Development Trust Fund established by subsection (a)(1) of section 10702; (B) the Navajo Nation Operations, Maintenance, and Replacement Trust Fund established under subsection (b)(1) of that section; and (C) the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund established under subsection (c)(2) of that section. ; and (8) by adding at the end the following: (33) Working Cost Estimate \nThe term Working Cost Estimate means the Bureau of Reclamation document entitled NGWSP October 2022 WCE and dated February 26, 2023, that details the costs totaling $2,138,387,000, at the October 2022 price level, of the Project, as configured on that date..", "id": "id272948B0EAA4406BB75515E22B5661D5", "header": "Definitions", "nested": [], "links": [ { "text": "43 U.S.C. 407", "legal-doc": "usc", "parsable-cite": "usc/43/407" }, { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] }, { "text": "3. Navajo-Gallup water supply project \n(a) Authorization of Navajo-Gallup water supply project \nSection 10602 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1379) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking In general and inserting Authorization ; (B) by striking The Secretary and inserting the following: (1) In general \nThe Secretary ; (C) in paragraph (1) (as so designated), by striking Draft Impact Statement and inserting Final Environmental Impact Statement, as further refined in, and including the facilities identified in, the Working Cost Estimate and any subsequent supplemental documents prepared in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). ; and (D) by adding at the end the following: (2) Additional service areas \n(A) Findings \nCongress finds that— (i) expanding the Project Service Area would create opportunities to increase service for additional Nation Tribal members and would not increase the cost of the Project beyond authorization levels described in section 10609(a); and (ii) the unit operations and maintenance costs of the Project would be reduced by adding more customers to the Project. (B) Authorizations for additional Project Service Areas \n(i) New Mexico \nIn addition to delivering water supply from the Project to the Nation communities in the San Juan River Basin, the Nation may expand the Project Service Area in order to deliver water supply from the Project to communities of the Nation within the Rio San Jose Basin, New Mexico. (ii) Arizona \nIn addition to delivering water supply from the Project to the Nation communities of Fort Defiance and Window Rock, Arizona, and subject to section 10603(c)(1), the Nation may expand the Project Service Area in order to deliver water supply from the Project to the Nation community of Lupton, Arizona, within the Little Colorado River Basin, Arizona. ; (2) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by inserting acquire, before construct, ; and (ii) by striking Draft Impact Statement and inserting Final Environmental Impact Statement, as further refined in, and including the facilities identified in, the Working Cost Estimate and any subsequent supplemental documents prepared in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) ; (B) by striking paragraph (1) and inserting the following: (1) The water conveyance and storage facilities associated with the San Juan Generating Station (the coal-fired, 4-unit electric power plant and ancillary features located by the San Juan Mine near Waterflow, New Mexico), including the diversion dam, the intake structure, the river pumping plant, the pipeline from the river to the reservoir, the dam and associated reservoir, and any associated land, or interest in land, or ancillary features. ; (C) in paragraph (2)(A)— (i) by striking River near Kirtland, New Mexico, and inserting Generating Station Reservoir ; and (ii) by inserting generally before follows United States Highway 491 ; (D) in paragraph (3)(A), by inserting generally before follows United States Highway 550 ; and (E) in paragraph (5), by inserting (including any reservoir facility) after treatment facility ; (3) in subsection (c)— (A) in the subsection heading, by inserting and Facilities after Land ; (B) in paragraph (1), by striking any land or interest in land that is and inserting any land or facilities, or interest in land or facilities, that are ; and (C) by adding at the end the following: (4) Land to be taken into trust \n(A) In general \nOn satisfaction of the conditions described in paragraph (7) of the Agreement and after the requirements of sections 10701(e) and 10703 are met, the Secretary shall take legal title to the following land and, subject to subparagraph (D), hold that land in trust for the benefit of the Nation: (i) Fee land of the Nation, including— (I) the parcels of land on which the Tohlakai Pumping Plant, Reach 12A and Reach 12B, are located, including, in McKinley County, New Mexico— (aa) sec. 5, T. 16 N., R. 18 W., New Mexico Prime Meridian; and (bb) sec. 33, T. 17 N., R. 17 W., New Mexico Prime Meridian (except lot 9 and the NW 1/4 of lot 4); (II) the parcel of land on which Reach 12.1 is located, including— (aa) NW 1/4 and SW 1/4 sec. 5, T. 16 N., R. 18 W.; (bb) N 1/2 sec. 11, T. 16 N., R. 19 W.; and (cc) sec. 12, T. 16 N., R. 20 W.; and (III) the parcel of land on which Reach 12.2 is located, including NW 1/4. sec. 2, T. 16 N., R. 21 W. (ii) Public domain land managed by the Bureau of Land Management, including— (I) the parcel of land on which the Cutter Lateral Water Treatment Plant is located, including S 1/2 sec. 9, T. 25 N., R. 9 W., New Mexico Prime Meridian; and (II) the parcel of land on which the Navajo Agricultural Products Industry turnout is located, including NW 1/4 and NE 1/4 sec. 34, T. 26 N., R. 9 W., New Mexico Prime Meridian. (iii) The land underlying the San Juan Generating Station (the coal-fired, 4-unit electric power plant and ancillary features located by the San Juan Mine near Waterflow, New Mexico) acquired by the United States, as described in subsection (b)(1). (B) Part of Navajo Nation \nThe land taken into trust under subparagraph (A) shall be part of the Navajo Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for the benefit of an Indian Tribe. (C) Restrictions \n(i) Fee land of the nation \nThe fee land of the Nation taken into trust under subparagraph (A)(i) shall be subject to valid existing rights, contracts, and management agreements, including easements and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. (ii) Public domain land \n(I) In general \nThe public domain land managed by the Bureau of Land Management taken into trust under subparagraph (A)(ii) shall be subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. (II) BIA assumption of benefits and obligations \nThe Bureau of Indian Affairs shall— (aa) assume all benefits and obligations of the previous land management agency under the existing rights, contracts, leases, permits, or rights-of-way described in subclause (I); and (bb) disburse to the Nation any amounts that accrue to the United States from those rights, contracts, leases, permits, or rights-of-ways after the date on which the land described in clause (ii) of subparagraph (A) is taken into trust for the benefit of the Nation from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Nation. (iii) Land underlying the San Juan Generating Station \n(I) In general \nThe land underlying the San Juan Generating Station (the coal-fired, 4-unit electric power plant and ancillary features located by the San Juan Mine near Waterflow, New Mexico) taken into trust under subparagraph (A)(iii) shall be subject to a perpetual easement on and over all of the land underlying the San Juan Generating Station reserved to the United States for use by the Bureau of Reclamation and its contractors and assigns— (aa) for ingress and egress; (bb) to continue construction of the Project; and (cc) for operation and maintenance of Project facilities located on that land. (II) Reserved perpetual easement \nThe reserved perpetual easement described in subclause (I) shall remain vested in the United States unless title to the Project facilities and appropriate interests in land are conveyed pursuant to subsection (f). (D) Savings clause \nNothing in this paragraph affects any— (i) water right of the Nation in existence on the day before the date of enactment of the Navajo-Gallup Water Supply Project Amendments Act of 2023 ; and (ii) right or claim of the Nation to any land or interest in land in existence on the day before the date of enactment of the Navajo-Gallup Water Supply Project Amendments Act of 2023. ; (4) in subsection (d)(1)(D), by striking Draft and inserting Final Environmental ; (5) in subsection (e)— (A) by striking The Secretary and inserting the following: (1) In general \nThe Secretary ; and (B) by adding at the end the following: (2) Renewable energy and hydroelectric power \n(A) Renewable energy \nFor any portion of the Project that does not have access to Colorado River Storage Project power, the Secretary may use not more than $6,250,000 of the amounts made available under section 10609(a)(1) to develop renewable energy. (B) Hydroelectric power \nNotwithstanding whether a Project facility has access to Colorado River Storage Project power, the Secretary may use not more than $1,250,000 of the $6,250,000 authorized to be used to develop renewable energy under subparagraph (A) to develop hydroelectric power for any Project facility that can use hydraulic head to produce electricity. ; (6) in subsection (h)(1), in the matter preceding subparagraph (A), by inserting , store, after treat ; and (7) by adding at the end the following: (i) Deferred construction of Project facilities \n(1) Deferred construction of Project facilities \nOn mutual agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, construction of selected Project facilities may be deferred to save operation and maintenance expenses associated with that construction. (2) Deferred Construction Fund \n(A) Establishment \nThere is established in the Treasury a fund, to be known as the Navajo Nation’s Navajo-Gallup Water Supply Project Deferred Construction Fund , to consist of— (i) amounts that correspond to portions of the Project that have been deferred under paragraph (1); and (ii) any interest or other gains on amounts referred to in clause (i). (B) Use of the Deferred Construction Fund \nThe Nation may use amounts in the Deferred Construction Fund— (i) to construct Project facilities that have been deferred under paragraph (1); or (ii) to construct alternate facilities agreed on under subparagraph (C). (C) Alternate facilities consistent with the purpose of the Project \nOn agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, and in compliance with all applicable environmental and cultural resource protection laws, facilities other than those previously agreed to be deferred under paragraph (1) may be constructed if those alternate facilities are consistent with the purposes of the Project described in section 10601. (3) Amounts to be deposited \nFunds allocated from the amounts made available under section 10609(a)(1) to build facilities referred to in paragraph (1) shall be deposited into the Deferred Construction Fund. (4) Adjustments \nOn deposit of amounts into the Deferred Construction Fund under paragraph (3), the adjustments to authorized appropriations under section 10609(a)(2) shall no longer apply to those amounts. (5) Deadline to construct Project facilities \nOn deposit of all amounts into the Deferred Construction Fund for construction of Project facilities agreed on under paragraph (1), the Secretary shall be deemed to have met the obligation under section 10701(e)(1)(A)(ix). (6) Future construction of Project facilities \nOn agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, the Nation shall use amounts deposited into the Deferred Construction Fund to construct— (A) Project facilities deferred under paragraph (1); or (B) alternate Project facilities described in paragraph (2)(C).. (b) Delivery and use of Navajo-Gallup water supply project water \nSection 10603 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1382) is amended— (1) in subsection (a)(3)(B)— (A) in clause (i), by inserting or, if generated on City-owned facilities, by the City after the Nation ; and (B) in clause (ii), by inserting , except that the City shall retain all revenue from the sale of hydroelectric power that is generated on City-owned facilities after hydroelectric power ; and (2) in subsection (g)(2), by striking , except as provided in section 10604(f). (c) Project contracts \nSection 10604 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1388) is amended— (1) in subsection (a)(4), by striking Subject to subsection (f), the and inserting The ; (2) in subsection (b)(3)— (A) in subparagraph (A), by striking subparagraph (B) and inserting subparagraphs (B) and (C) ; (B) in subparagraph (B)— (i) in the subparagraph heading, by striking Minimum percentage and inserting Maximum percentage ; (ii) by striking at least 25 percent and inserting not more than 25 percent ; and (iii) by striking , but shall in no event exceed 35 percent ; and (C) by adding at the end the following: (C) Maximum repayment obligation \nThe repayment obligation of the City referred to in subparagraphs (A) and (B) shall not exceed $76,000,000. ; (3) in subsection (c)(1)(B), by inserting subsection (f) and before section 10603(g) ; (4) in subsection (d)(1), by striking Draft and inserting Final Environmental ; (5) in subsection (e), by striking Draft and inserting Final Environmental ; (6) by striking subsection (f); and (7) by redesignating subsection (g) as subsection (f). (d) Authorization of appropriations \nSection 10609 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1395; 129 Stat. 528) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking $870,000,000 for the period of fiscal years 2009 through 2024 and inserting $2,175,000,000 for the period of fiscal years 2009 through 2029 ; (B) by striking paragraph (2) and inserting the following: (2) Adjustments \n(A) In general \nThe amount under paragraph (1) shall be adjusted by such amounts as may be required— (i) by reason of changes since October 2022 in construction cost changes in applicable regulatory standards, as indicated by engineering cost indices applicable to the types of construction involved; and (ii) to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices described in clause (i), as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (B) Deferred Construction Fund \nAmounts deposited in the Deferred Construction Fund shall not be adjusted pursuant to this paragraph. ; and (C) in paragraph (4)(B), by striking 10 years and inserting 15 years ; and (2) in subsection (b)— (A) in paragraph (1), by striking $30,000,000, as adjusted under paragraph (3), for the period of fiscal years 2009 through 2019 and inserting $37,500,000, as adjusted under paragraph (4), for the period of fiscal years 2009 through 2032 ; (B) in paragraph (2), by striking 2024 and inserting 2032 ; and (C) in paragraph (3), by striking The amount under paragraph (1) and inserting The amount under paragraphs (1) and (2). (e) Taxation of construction, operation, and maintenance of Project facilities \nPart III of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1379) is amended by adding at the end the following: 10610. Taxation of construction, operation, and maintenance of Project facilities \n(a) Nation land \nAny activity constituting the construction, operation, or maintenance of Project facilities— (1) shall, if the activity takes place on land that is held in trust by the United States for the benefit of the Nation, be subject to taxation by the Nation; and (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by any State or political subdivision of a State. (b) Other land \nAny activity constituting the construction, operation, or maintenance of Project facilities— (1) shall, if the activity takes place on land other than the land described in subsection (a)(1), be subject to taxation by the State in which the land is located, or by a political subdivision of that State to the extent authorized by the laws of that State; and (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by the Nation..", "id": "id3CC0661DBE934E56A410EFB01D005BEA", "header": "Navajo-Gallup water supply project", "nested": [ { "text": "(a) Authorization of Navajo-Gallup water supply project \nSection 10602 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1379) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking In general and inserting Authorization ; (B) by striking The Secretary and inserting the following: (1) In general \nThe Secretary ; (C) in paragraph (1) (as so designated), by striking Draft Impact Statement and inserting Final Environmental Impact Statement, as further refined in, and including the facilities identified in, the Working Cost Estimate and any subsequent supplemental documents prepared in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). ; and (D) by adding at the end the following: (2) Additional service areas \n(A) Findings \nCongress finds that— (i) expanding the Project Service Area would create opportunities to increase service for additional Nation Tribal members and would not increase the cost of the Project beyond authorization levels described in section 10609(a); and (ii) the unit operations and maintenance costs of the Project would be reduced by adding more customers to the Project. (B) Authorizations for additional Project Service Areas \n(i) New Mexico \nIn addition to delivering water supply from the Project to the Nation communities in the San Juan River Basin, the Nation may expand the Project Service Area in order to deliver water supply from the Project to communities of the Nation within the Rio San Jose Basin, New Mexico. (ii) Arizona \nIn addition to delivering water supply from the Project to the Nation communities of Fort Defiance and Window Rock, Arizona, and subject to section 10603(c)(1), the Nation may expand the Project Service Area in order to deliver water supply from the Project to the Nation community of Lupton, Arizona, within the Little Colorado River Basin, Arizona. ; (2) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by inserting acquire, before construct, ; and (ii) by striking Draft Impact Statement and inserting Final Environmental Impact Statement, as further refined in, and including the facilities identified in, the Working Cost Estimate and any subsequent supplemental documents prepared in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) ; (B) by striking paragraph (1) and inserting the following: (1) The water conveyance and storage facilities associated with the San Juan Generating Station (the coal-fired, 4-unit electric power plant and ancillary features located by the San Juan Mine near Waterflow, New Mexico), including the diversion dam, the intake structure, the river pumping plant, the pipeline from the river to the reservoir, the dam and associated reservoir, and any associated land, or interest in land, or ancillary features. ; (C) in paragraph (2)(A)— (i) by striking River near Kirtland, New Mexico, and inserting Generating Station Reservoir ; and (ii) by inserting generally before follows United States Highway 491 ; (D) in paragraph (3)(A), by inserting generally before follows United States Highway 550 ; and (E) in paragraph (5), by inserting (including any reservoir facility) after treatment facility ; (3) in subsection (c)— (A) in the subsection heading, by inserting and Facilities after Land ; (B) in paragraph (1), by striking any land or interest in land that is and inserting any land or facilities, or interest in land or facilities, that are ; and (C) by adding at the end the following: (4) Land to be taken into trust \n(A) In general \nOn satisfaction of the conditions described in paragraph (7) of the Agreement and after the requirements of sections 10701(e) and 10703 are met, the Secretary shall take legal title to the following land and, subject to subparagraph (D), hold that land in trust for the benefit of the Nation: (i) Fee land of the Nation, including— (I) the parcels of land on which the Tohlakai Pumping Plant, Reach 12A and Reach 12B, are located, including, in McKinley County, New Mexico— (aa) sec. 5, T. 16 N., R. 18 W., New Mexico Prime Meridian; and (bb) sec. 33, T. 17 N., R. 17 W., New Mexico Prime Meridian (except lot 9 and the NW 1/4 of lot 4); (II) the parcel of land on which Reach 12.1 is located, including— (aa) NW 1/4 and SW 1/4 sec. 5, T. 16 N., R. 18 W.; (bb) N 1/2 sec. 11, T. 16 N., R. 19 W.; and (cc) sec. 12, T. 16 N., R. 20 W.; and (III) the parcel of land on which Reach 12.2 is located, including NW 1/4. sec. 2, T. 16 N., R. 21 W. (ii) Public domain land managed by the Bureau of Land Management, including— (I) the parcel of land on which the Cutter Lateral Water Treatment Plant is located, including S 1/2 sec. 9, T. 25 N., R. 9 W., New Mexico Prime Meridian; and (II) the parcel of land on which the Navajo Agricultural Products Industry turnout is located, including NW 1/4 and NE 1/4 sec. 34, T. 26 N., R. 9 W., New Mexico Prime Meridian. (iii) The land underlying the San Juan Generating Station (the coal-fired, 4-unit electric power plant and ancillary features located by the San Juan Mine near Waterflow, New Mexico) acquired by the United States, as described in subsection (b)(1). (B) Part of Navajo Nation \nThe land taken into trust under subparagraph (A) shall be part of the Navajo Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for the benefit of an Indian Tribe. (C) Restrictions \n(i) Fee land of the nation \nThe fee land of the Nation taken into trust under subparagraph (A)(i) shall be subject to valid existing rights, contracts, and management agreements, including easements and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. (ii) Public domain land \n(I) In general \nThe public domain land managed by the Bureau of Land Management taken into trust under subparagraph (A)(ii) shall be subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. (II) BIA assumption of benefits and obligations \nThe Bureau of Indian Affairs shall— (aa) assume all benefits and obligations of the previous land management agency under the existing rights, contracts, leases, permits, or rights-of-way described in subclause (I); and (bb) disburse to the Nation any amounts that accrue to the United States from those rights, contracts, leases, permits, or rights-of-ways after the date on which the land described in clause (ii) of subparagraph (A) is taken into trust for the benefit of the Nation from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Nation. (iii) Land underlying the San Juan Generating Station \n(I) In general \nThe land underlying the San Juan Generating Station (the coal-fired, 4-unit electric power plant and ancillary features located by the San Juan Mine near Waterflow, New Mexico) taken into trust under subparagraph (A)(iii) shall be subject to a perpetual easement on and over all of the land underlying the San Juan Generating Station reserved to the United States for use by the Bureau of Reclamation and its contractors and assigns— (aa) for ingress and egress; (bb) to continue construction of the Project; and (cc) for operation and maintenance of Project facilities located on that land. (II) Reserved perpetual easement \nThe reserved perpetual easement described in subclause (I) shall remain vested in the United States unless title to the Project facilities and appropriate interests in land are conveyed pursuant to subsection (f). (D) Savings clause \nNothing in this paragraph affects any— (i) water right of the Nation in existence on the day before the date of enactment of the Navajo-Gallup Water Supply Project Amendments Act of 2023 ; and (ii) right or claim of the Nation to any land or interest in land in existence on the day before the date of enactment of the Navajo-Gallup Water Supply Project Amendments Act of 2023. ; (4) in subsection (d)(1)(D), by striking Draft and inserting Final Environmental ; (5) in subsection (e)— (A) by striking The Secretary and inserting the following: (1) In general \nThe Secretary ; and (B) by adding at the end the following: (2) Renewable energy and hydroelectric power \n(A) Renewable energy \nFor any portion of the Project that does not have access to Colorado River Storage Project power, the Secretary may use not more than $6,250,000 of the amounts made available under section 10609(a)(1) to develop renewable energy. (B) Hydroelectric power \nNotwithstanding whether a Project facility has access to Colorado River Storage Project power, the Secretary may use not more than $1,250,000 of the $6,250,000 authorized to be used to develop renewable energy under subparagraph (A) to develop hydroelectric power for any Project facility that can use hydraulic head to produce electricity. ; (6) in subsection (h)(1), in the matter preceding subparagraph (A), by inserting , store, after treat ; and (7) by adding at the end the following: (i) Deferred construction of Project facilities \n(1) Deferred construction of Project facilities \nOn mutual agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, construction of selected Project facilities may be deferred to save operation and maintenance expenses associated with that construction. (2) Deferred Construction Fund \n(A) Establishment \nThere is established in the Treasury a fund, to be known as the Navajo Nation’s Navajo-Gallup Water Supply Project Deferred Construction Fund , to consist of— (i) amounts that correspond to portions of the Project that have been deferred under paragraph (1); and (ii) any interest or other gains on amounts referred to in clause (i). (B) Use of the Deferred Construction Fund \nThe Nation may use amounts in the Deferred Construction Fund— (i) to construct Project facilities that have been deferred under paragraph (1); or (ii) to construct alternate facilities agreed on under subparagraph (C). (C) Alternate facilities consistent with the purpose of the Project \nOn agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, and in compliance with all applicable environmental and cultural resource protection laws, facilities other than those previously agreed to be deferred under paragraph (1) may be constructed if those alternate facilities are consistent with the purposes of the Project described in section 10601. (3) Amounts to be deposited \nFunds allocated from the amounts made available under section 10609(a)(1) to build facilities referred to in paragraph (1) shall be deposited into the Deferred Construction Fund. (4) Adjustments \nOn deposit of amounts into the Deferred Construction Fund under paragraph (3), the adjustments to authorized appropriations under section 10609(a)(2) shall no longer apply to those amounts. (5) Deadline to construct Project facilities \nOn deposit of all amounts into the Deferred Construction Fund for construction of Project facilities agreed on under paragraph (1), the Secretary shall be deemed to have met the obligation under section 10701(e)(1)(A)(ix). (6) Future construction of Project facilities \nOn agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, the Nation shall use amounts deposited into the Deferred Construction Fund to construct— (A) Project facilities deferred under paragraph (1); or (B) alternate Project facilities described in paragraph (2)(C)..", "id": "id10B0D7B480B840E6B9F9F1280BD4D4E6", "header": "Authorization of Navajo-Gallup water supply project", "nested": [], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(b) Delivery and use of Navajo-Gallup water supply project water \nSection 10603 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1382) is amended— (1) in subsection (a)(3)(B)— (A) in clause (i), by inserting or, if generated on City-owned facilities, by the City after the Nation ; and (B) in clause (ii), by inserting , except that the City shall retain all revenue from the sale of hydroelectric power that is generated on City-owned facilities after hydroelectric power ; and (2) in subsection (g)(2), by striking , except as provided in section 10604(f).", "id": "id648D2EC30C084BA5A106D72BF3A4DD36", "header": "Delivery and use of Navajo-Gallup water supply project water", "nested": [], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] }, { "text": "(c) Project contracts \nSection 10604 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1388) is amended— (1) in subsection (a)(4), by striking Subject to subsection (f), the and inserting The ; (2) in subsection (b)(3)— (A) in subparagraph (A), by striking subparagraph (B) and inserting subparagraphs (B) and (C) ; (B) in subparagraph (B)— (i) in the subparagraph heading, by striking Minimum percentage and inserting Maximum percentage ; (ii) by striking at least 25 percent and inserting not more than 25 percent ; and (iii) by striking , but shall in no event exceed 35 percent ; and (C) by adding at the end the following: (C) Maximum repayment obligation \nThe repayment obligation of the City referred to in subparagraphs (A) and (B) shall not exceed $76,000,000. ; (3) in subsection (c)(1)(B), by inserting subsection (f) and before section 10603(g) ; (4) in subsection (d)(1), by striking Draft and inserting Final Environmental ; (5) in subsection (e), by striking Draft and inserting Final Environmental ; (6) by striking subsection (f); and (7) by redesignating subsection (g) as subsection (f).", "id": "id656CC8400438468894D4913CEC7E60F1", "header": "Project contracts", "nested": [], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] }, { "text": "(d) Authorization of appropriations \nSection 10609 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1395; 129 Stat. 528) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking $870,000,000 for the period of fiscal years 2009 through 2024 and inserting $2,175,000,000 for the period of fiscal years 2009 through 2029 ; (B) by striking paragraph (2) and inserting the following: (2) Adjustments \n(A) In general \nThe amount under paragraph (1) shall be adjusted by such amounts as may be required— (i) by reason of changes since October 2022 in construction cost changes in applicable regulatory standards, as indicated by engineering cost indices applicable to the types of construction involved; and (ii) to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices described in clause (i), as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (B) Deferred Construction Fund \nAmounts deposited in the Deferred Construction Fund shall not be adjusted pursuant to this paragraph. ; and (C) in paragraph (4)(B), by striking 10 years and inserting 15 years ; and (2) in subsection (b)— (A) in paragraph (1), by striking $30,000,000, as adjusted under paragraph (3), for the period of fiscal years 2009 through 2019 and inserting $37,500,000, as adjusted under paragraph (4), for the period of fiscal years 2009 through 2032 ; (B) in paragraph (2), by striking 2024 and inserting 2032 ; and (C) in paragraph (3), by striking The amount under paragraph (1) and inserting The amount under paragraphs (1) and (2).", "id": "idDA0D853BE2184D0D83E83D89907FF30C", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] }, { "text": "(e) Taxation of construction, operation, and maintenance of Project facilities \nPart III of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1379) is amended by adding at the end the following: 10610. Taxation of construction, operation, and maintenance of Project facilities \n(a) Nation land \nAny activity constituting the construction, operation, or maintenance of Project facilities— (1) shall, if the activity takes place on land that is held in trust by the United States for the benefit of the Nation, be subject to taxation by the Nation; and (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by any State or political subdivision of a State. (b) Other land \nAny activity constituting the construction, operation, or maintenance of Project facilities— (1) shall, if the activity takes place on land other than the land described in subsection (a)(1), be subject to taxation by the State in which the land is located, or by a political subdivision of that State to the extent authorized by the laws of that State; and (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by the Nation..", "id": "idD8AAC22C82274FDB8BACE3298B02619C", "header": "Taxation of construction, operation, and maintenance of Project facilities", "nested": [], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] } ], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" }, { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" }, { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" }, { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] }, { "text": "10610. Taxation of construction, operation, and maintenance of Project facilities \n(a) Nation land \nAny activity constituting the construction, operation, or maintenance of Project facilities— (1) shall, if the activity takes place on land that is held in trust by the United States for the benefit of the Nation, be subject to taxation by the Nation; and (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by any State or political subdivision of a State. (b) Other land \nAny activity constituting the construction, operation, or maintenance of Project facilities— (1) shall, if the activity takes place on land other than the land described in subsection (a)(1), be subject to taxation by the State in which the land is located, or by a political subdivision of that State to the extent authorized by the laws of that State; and (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by the Nation.", "id": "idFA2DB908C0B149C48FC2C51F3F22D45E", "header": "Taxation of construction, operation, and maintenance of Project facilities", "nested": [ { "text": "(a) Nation land \nAny activity constituting the construction, operation, or maintenance of Project facilities— (1) shall, if the activity takes place on land that is held in trust by the United States for the benefit of the Nation, be subject to taxation by the Nation; and (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by any State or political subdivision of a State.", "id": "id261569890f3c44e088a5654ed35b6677", "header": "Nation land", "nested": [], "links": [] }, { "text": "(b) Other land \nAny activity constituting the construction, operation, or maintenance of Project facilities— (1) shall, if the activity takes place on land other than the land described in subsection (a)(1), be subject to taxation by the State in which the land is located, or by a political subdivision of that State to the extent authorized by the laws of that State; and (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by the Nation.", "id": "idd1b8b6eabab147db90439d1e552cdfe4", "header": "Other land", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Navajo Nation water rights \n(a) Agreement \nSection 10701(e) of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1400; 129 Stat. 528) is amended— (1) in paragraph (1)(A)— (A) by striking clause (vii) and inserting the following: (vii) Navajo nation water resources development trust fund \nNot later than December 31, 2019, the United States shall make all deposits into the Navajo Nation Water Resources Development Trust Fund established by section 10702(a)(1). ; (B) in clause (ix), by striking 2024 and inserting 2029 ; and (C) by adding at the end the following: (x) Deferred Construction Fund \n(I) In general \nNot later than December 31, 2029, the United States shall make all deposits into the Deferred Construction Fund in accordance with section 10602(i)(3). (II) Project deadline \nOn deposit of the amounts into the Deferred Construction Fund under subclause (I), even if certain Project facilities have not yet been constructed, the Secretary shall be deemed to have met the deadline described in clause (ix). ; and (2) in paragraph (2)(B)— (A) in clause (i), by striking Trust Fund and inserting Settlement Trust Funds ; and (B) in clause (ii), by striking Trust Fund and inserting Settlement Trust Funds. (b) Settlement trust funds \nSection 10702 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1402) is amended to read as follows: 10702. Settlement trust funds \n(a) Navajo nation water resources development trust fund \n(1) Establishment \nThere is established in the Treasury a fund, to be known as the Navajo Nation Water Resources Development Trust Fund , consisting of— (A) such amounts as are appropriated to the Navajo Nation Water Resources Development Trust Fund under paragraph (5); and (B) any interest earned on investment of amounts in the Navajo Nation Water Resources Development Trust Fund under paragraph (3). (2) Use of funds \nThe Nation may use amounts in the Navajo Nation Water Resources Development Trust Fund— (A) to investigate, construct, operate, maintain, or replace water project facilities, including facilities conveyed to the Nation under this subtitle and facilities owned by the United States for which the Nation is responsible for operation, maintenance, and replacement costs; and (B) to investigate, implement, or improve a water conservation measure (including a metering or monitoring activity) necessary for the Nation to make use of a water right of the Nation under the Agreement. (3) Investment \nBeginning on October 1, 2019, the Secretary shall invest amounts in the Navajo Nation Water Resources Development Trust Fund in accordance with subsection (e). (4) Investment earnings \nAny investment earnings, including interest, credited to amounts held in the Navajo Nation Water Resources Development Trust Fund are authorized to be used in accordance with paragraph (2). (5) Authorization of appropriations \nThere are authorized to be appropriated for deposit in the Navajo Nation Water Resources Development Trust Fund— (A) $6,000,000 for each of fiscal years 2010 through 2014; and (B) $4,000,000 for each of fiscal years 2015 through 2019. (6) Availability \nAny amount authorized to be appropriated to the Navajo Nation Water Resources Development Trust Fund under paragraph (5) shall not be available for expenditure or withdrawal— (A) before December 31, 2019; and (B) until the date on which the court in the stream adjudication has entered— (i) the Partial Final Decree; and (ii) the Supplemental Partial Final Decree. (7) Management \nThe Secretary shall manage the Navajo Nation Water Resources Development Trust Fund in accordance with subsection (d). (8) Conditions for expenditure and withdrawal \nAfter the funds become available pursuant to paragraph (6), all expenditures and withdrawals by the Nation of funds in the Navajo Nation Water Resources Development Trust Fund must comply with the requirements of subsection (f). (b) Navajo nation operations, maintenance, and replacement trust fund \n(1) Establishment \nThe Secretary shall establish a trust fund to be known as the Navajo Nation Operations, Maintenance, and Replacement Trust Fund for the purposes set forth in paragraph (2), to be managed, invested, and distributed by the Secretary, and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the trust fund under paragraph (3), together with any interests earned on those amounts under paragraph (4). (2) Use of funds \nThe Nation may use amounts in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund to pay operations, maintenance, and replacement costs of the Project allocable to the Nation under section 10604. (3) Authorization of appropriations \nThere are authorized to be appropriated for deposit in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund $250,000,000. (4) Investment \nUpon deposit of funding into the Navajo Nation Operations, Maintenance, and Replacement Trust Fund pursuant to paragraph (3), the Secretary shall invest amounts deposited in accordance with subsection (e). (5) Investment earnings \nAny investment earnings, including interest, credited to amounts held in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund are authorized to be used in accordance with paragraph (2). (6) Availability \nAny amount authorized to be appropriated to the Navajo Nation Operations, Maintenance, and Replacement Trust Fund under paragraph (3) shall not be available for expenditure or withdrawal until the Nation is responsible for payment of operation, maintenance, and replacement costs as set forth in section 10603(g). (7) Fluctuation in costs \n(A) In general \nThe amounts authorized to be appropriated under paragraph (3) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after October 2022 as indicated by the Bureau of Reclamation Operation and Maintenance Cost Index. (B) Repetition \nThe adjustment process under this subparagraph shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (C) Period of indexing \nThe period of indexing adjustment under this subparagraph for any increment of funding shall end on the date on which the funds are deposited into the Navajo Nation Operations, Maintenance, and Replacement Trust Fund. (8) Management \nThe Secretary shall manage the Navajo Nation Operations, Maintenance, and Replacement Trust Fund in accordance with subsection (d). (9) Conditions for expenditure and withdrawal \nAll expenditures and withdrawals by the Nation of funds in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund must comply with the requirements of subsection (f). (c) Jicarilla apache nation operations, maintenance, and replacement trust fund \n(1) Prerequisite to establishment \nPrior to establishment of the trust fund under paragraph (2), the Secretary shall conduct an Ability to Pay study to determine what operation, maintenance, and replacement costs of that section of the Project serving the Jicarilla Apache Nation are in excess of the ability of the Jicarilla Apache Nation to pay. (2) Establishment \nUpon completion of the Ability to Pay study as set forth in paragraph (1), the Secretary shall establish a trust fund to be known as the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund for the purposes set forth in paragraph (3), to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the trust fund under paragraph (4), together with any interests earned on those amounts under paragraph (5). (3) Use of funds \nThe Jicarilla Apache Nation may use amounts in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund to pay operations, maintenance, and replacement costs of the Project allocable to the Jicarilla Nation under section 10604. (4) Authorization of appropriations \nThere are authorized to be appropriated for deposit in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund the amounts the Secretary has determined are in excess of the ability of the Jicarilla Apache Nation to pay in the Ability to Pay study required under paragraph (1) up to a maximum of $10,000,000. (5) Investment \nUpon deposit of funding into the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund pursuant to paragraph (4), the Secretary shall invest amounts in the fund in accordance with subsection (e). (6) Investment earnings \nAny investment earnings, including interest, credited to amounts held in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund are authorized to be used in accordance with paragraph (3). (7) Availability \nAny amount authorized to be appropriated to the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund under paragraph (4) shall not be available for expenditure or withdrawal until the Jicarilla Apache Nation is responsible for payment of operation, maintenance, and replacement costs as set forth in section 10603(g). (8) Fluctuation in costs \n(A) In general \nThe amounts authorized to be appropriated under paragraph (4) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after October 2022 as indicated by the Bureau of Reclamation Operation and Maintenance Cost Index. (B) Repetition \nThe adjustment process under this subparagraph shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (C) Period of indexing \nThe period of indexing adjustment under this subparagraph for any increment of funding shall end on the date on which the funds are deposited into the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund. (9) Management \nThe Secretary shall manage the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund in accordance with subsection (d). (10) Conditions for expenditure and withdrawal \nAll expenditures and withdrawals by the Jicarilla Apache Nation of funds in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund must comply with the requirements of subsection (f). (d) Management \nThe Secretary shall manage the Settlement Trust Funds, invest amounts in the Settlement Trust Funds pursuant to subsection (e), and make amounts available from the Settlement Trust Funds for distribution to the Nation and the Jicarilla Apache Nation in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (e) Investment of the trust funds \nThe Secretary shall invest amounts in the Settlement Trust Funds in accordance with— (1) the Act of April 1, 1880 ( 25 U.S.C. 161 ); (2) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ); and (3) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (f) Conditions for expenditures and withdrawals \n(1) Tribal management plan \n(A) In general \nOn approval by the Secretary of a Tribal management plan in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), the Nation and the Jicarilla Apache Nation may withdraw all or a portion of the amounts in the Settlement Trust Funds. (B) Requirements \nIn addition to any requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), a Tribal management plan shall require that the Nation and Jicarilla Apache Nation only use amounts in the Settlement Trust Funds for the purposes described in subsection (a)(2), (b)(2), or (c)(3), as applicable. (2) Enforcement \nThe Secretary may take judicial or administrative action to enforce the provisions of any Tribal management plan to ensure that any amounts withdrawn from the Settlement Trust Funds are used in accordance with this subtitle. (3) No liability \nThe Secretary or the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Settlement Trust Funds by the Nation or the Jicarilla Apache Nation. (4) Expenditure plan \n(A) In general \nThe Nation and Jicarilla Apache Nation shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Settlement Trust Funds made available under this section that the Nation or the Jicarilla Apache Nation does not withdraw under this subsection. (B) Description \nAn expenditure plan submitted under subparagraph (A) shall describe the manner in which, and the purposes for which, funds of the Nation or the Jicarilla Apache Nation remaining in the Settlement Trust Funds will be used. (C) Approval \nOn receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this subtitle. (5) Annual report \nThe Nation and Jicarilla Apache Nation shall submit to the Secretary an annual report that describes any expenditures from the Settlement Trust Funds during the year covered by the report. (6) Limitation \nNo portion of the amounts in the Settlement Trust Funds shall be distributed to any Nation or Jicarilla Apache Nation member on a per capita basis.. (c) Waivers and releases \nSection 10703 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1403) is amended— (1) in subsection (d)(1)(A), by striking 2025 and inserting 2030 ; and (2) in subsection (e)(2), in the matter preceding subparagraph (A), by striking 2025 and inserting 2030.", "id": "id7E34028DF38E4E238A4ADC4B04A4A339", "header": "Navajo Nation water rights", "nested": [ { "text": "(a) Agreement \nSection 10701(e) of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1400; 129 Stat. 528) is amended— (1) in paragraph (1)(A)— (A) by striking clause (vii) and inserting the following: (vii) Navajo nation water resources development trust fund \nNot later than December 31, 2019, the United States shall make all deposits into the Navajo Nation Water Resources Development Trust Fund established by section 10702(a)(1). ; (B) in clause (ix), by striking 2024 and inserting 2029 ; and (C) by adding at the end the following: (x) Deferred Construction Fund \n(I) In general \nNot later than December 31, 2029, the United States shall make all deposits into the Deferred Construction Fund in accordance with section 10602(i)(3). (II) Project deadline \nOn deposit of the amounts into the Deferred Construction Fund under subclause (I), even if certain Project facilities have not yet been constructed, the Secretary shall be deemed to have met the deadline described in clause (ix). ; and (2) in paragraph (2)(B)— (A) in clause (i), by striking Trust Fund and inserting Settlement Trust Funds ; and (B) in clause (ii), by striking Trust Fund and inserting Settlement Trust Funds.", "id": "id95B7A0771B324A959C75F28661BCB38D", "header": "Agreement", "nested": [], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] }, { "text": "(b) Settlement trust funds \nSection 10702 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1402) is amended to read as follows: 10702. Settlement trust funds \n(a) Navajo nation water resources development trust fund \n(1) Establishment \nThere is established in the Treasury a fund, to be known as the Navajo Nation Water Resources Development Trust Fund , consisting of— (A) such amounts as are appropriated to the Navajo Nation Water Resources Development Trust Fund under paragraph (5); and (B) any interest earned on investment of amounts in the Navajo Nation Water Resources Development Trust Fund under paragraph (3). (2) Use of funds \nThe Nation may use amounts in the Navajo Nation Water Resources Development Trust Fund— (A) to investigate, construct, operate, maintain, or replace water project facilities, including facilities conveyed to the Nation under this subtitle and facilities owned by the United States for which the Nation is responsible for operation, maintenance, and replacement costs; and (B) to investigate, implement, or improve a water conservation measure (including a metering or monitoring activity) necessary for the Nation to make use of a water right of the Nation under the Agreement. (3) Investment \nBeginning on October 1, 2019, the Secretary shall invest amounts in the Navajo Nation Water Resources Development Trust Fund in accordance with subsection (e). (4) Investment earnings \nAny investment earnings, including interest, credited to amounts held in the Navajo Nation Water Resources Development Trust Fund are authorized to be used in accordance with paragraph (2). (5) Authorization of appropriations \nThere are authorized to be appropriated for deposit in the Navajo Nation Water Resources Development Trust Fund— (A) $6,000,000 for each of fiscal years 2010 through 2014; and (B) $4,000,000 for each of fiscal years 2015 through 2019. (6) Availability \nAny amount authorized to be appropriated to the Navajo Nation Water Resources Development Trust Fund under paragraph (5) shall not be available for expenditure or withdrawal— (A) before December 31, 2019; and (B) until the date on which the court in the stream adjudication has entered— (i) the Partial Final Decree; and (ii) the Supplemental Partial Final Decree. (7) Management \nThe Secretary shall manage the Navajo Nation Water Resources Development Trust Fund in accordance with subsection (d). (8) Conditions for expenditure and withdrawal \nAfter the funds become available pursuant to paragraph (6), all expenditures and withdrawals by the Nation of funds in the Navajo Nation Water Resources Development Trust Fund must comply with the requirements of subsection (f). (b) Navajo nation operations, maintenance, and replacement trust fund \n(1) Establishment \nThe Secretary shall establish a trust fund to be known as the Navajo Nation Operations, Maintenance, and Replacement Trust Fund for the purposes set forth in paragraph (2), to be managed, invested, and distributed by the Secretary, and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the trust fund under paragraph (3), together with any interests earned on those amounts under paragraph (4). (2) Use of funds \nThe Nation may use amounts in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund to pay operations, maintenance, and replacement costs of the Project allocable to the Nation under section 10604. (3) Authorization of appropriations \nThere are authorized to be appropriated for deposit in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund $250,000,000. (4) Investment \nUpon deposit of funding into the Navajo Nation Operations, Maintenance, and Replacement Trust Fund pursuant to paragraph (3), the Secretary shall invest amounts deposited in accordance with subsection (e). (5) Investment earnings \nAny investment earnings, including interest, credited to amounts held in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund are authorized to be used in accordance with paragraph (2). (6) Availability \nAny amount authorized to be appropriated to the Navajo Nation Operations, Maintenance, and Replacement Trust Fund under paragraph (3) shall not be available for expenditure or withdrawal until the Nation is responsible for payment of operation, maintenance, and replacement costs as set forth in section 10603(g). (7) Fluctuation in costs \n(A) In general \nThe amounts authorized to be appropriated under paragraph (3) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after October 2022 as indicated by the Bureau of Reclamation Operation and Maintenance Cost Index. (B) Repetition \nThe adjustment process under this subparagraph shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (C) Period of indexing \nThe period of indexing adjustment under this subparagraph for any increment of funding shall end on the date on which the funds are deposited into the Navajo Nation Operations, Maintenance, and Replacement Trust Fund. (8) Management \nThe Secretary shall manage the Navajo Nation Operations, Maintenance, and Replacement Trust Fund in accordance with subsection (d). (9) Conditions for expenditure and withdrawal \nAll expenditures and withdrawals by the Nation of funds in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund must comply with the requirements of subsection (f). (c) Jicarilla apache nation operations, maintenance, and replacement trust fund \n(1) Prerequisite to establishment \nPrior to establishment of the trust fund under paragraph (2), the Secretary shall conduct an Ability to Pay study to determine what operation, maintenance, and replacement costs of that section of the Project serving the Jicarilla Apache Nation are in excess of the ability of the Jicarilla Apache Nation to pay. (2) Establishment \nUpon completion of the Ability to Pay study as set forth in paragraph (1), the Secretary shall establish a trust fund to be known as the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund for the purposes set forth in paragraph (3), to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the trust fund under paragraph (4), together with any interests earned on those amounts under paragraph (5). (3) Use of funds \nThe Jicarilla Apache Nation may use amounts in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund to pay operations, maintenance, and replacement costs of the Project allocable to the Jicarilla Nation under section 10604. (4) Authorization of appropriations \nThere are authorized to be appropriated for deposit in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund the amounts the Secretary has determined are in excess of the ability of the Jicarilla Apache Nation to pay in the Ability to Pay study required under paragraph (1) up to a maximum of $10,000,000. (5) Investment \nUpon deposit of funding into the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund pursuant to paragraph (4), the Secretary shall invest amounts in the fund in accordance with subsection (e). (6) Investment earnings \nAny investment earnings, including interest, credited to amounts held in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund are authorized to be used in accordance with paragraph (3). (7) Availability \nAny amount authorized to be appropriated to the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund under paragraph (4) shall not be available for expenditure or withdrawal until the Jicarilla Apache Nation is responsible for payment of operation, maintenance, and replacement costs as set forth in section 10603(g). (8) Fluctuation in costs \n(A) In general \nThe amounts authorized to be appropriated under paragraph (4) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after October 2022 as indicated by the Bureau of Reclamation Operation and Maintenance Cost Index. (B) Repetition \nThe adjustment process under this subparagraph shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (C) Period of indexing \nThe period of indexing adjustment under this subparagraph for any increment of funding shall end on the date on which the funds are deposited into the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund. (9) Management \nThe Secretary shall manage the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund in accordance with subsection (d). (10) Conditions for expenditure and withdrawal \nAll expenditures and withdrawals by the Jicarilla Apache Nation of funds in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund must comply with the requirements of subsection (f). (d) Management \nThe Secretary shall manage the Settlement Trust Funds, invest amounts in the Settlement Trust Funds pursuant to subsection (e), and make amounts available from the Settlement Trust Funds for distribution to the Nation and the Jicarilla Apache Nation in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (e) Investment of the trust funds \nThe Secretary shall invest amounts in the Settlement Trust Funds in accordance with— (1) the Act of April 1, 1880 ( 25 U.S.C. 161 ); (2) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ); and (3) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (f) Conditions for expenditures and withdrawals \n(1) Tribal management plan \n(A) In general \nOn approval by the Secretary of a Tribal management plan in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), the Nation and the Jicarilla Apache Nation may withdraw all or a portion of the amounts in the Settlement Trust Funds. (B) Requirements \nIn addition to any requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), a Tribal management plan shall require that the Nation and Jicarilla Apache Nation only use amounts in the Settlement Trust Funds for the purposes described in subsection (a)(2), (b)(2), or (c)(3), as applicable. (2) Enforcement \nThe Secretary may take judicial or administrative action to enforce the provisions of any Tribal management plan to ensure that any amounts withdrawn from the Settlement Trust Funds are used in accordance with this subtitle. (3) No liability \nThe Secretary or the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Settlement Trust Funds by the Nation or the Jicarilla Apache Nation. (4) Expenditure plan \n(A) In general \nThe Nation and Jicarilla Apache Nation shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Settlement Trust Funds made available under this section that the Nation or the Jicarilla Apache Nation does not withdraw under this subsection. (B) Description \nAn expenditure plan submitted under subparagraph (A) shall describe the manner in which, and the purposes for which, funds of the Nation or the Jicarilla Apache Nation remaining in the Settlement Trust Funds will be used. (C) Approval \nOn receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this subtitle. (5) Annual report \nThe Nation and Jicarilla Apache Nation shall submit to the Secretary an annual report that describes any expenditures from the Settlement Trust Funds during the year covered by the report. (6) Limitation \nNo portion of the amounts in the Settlement Trust Funds shall be distributed to any Nation or Jicarilla Apache Nation member on a per capita basis..", "id": "idaf86381f96e34e4182e98d44098ecac4", "header": "Settlement trust funds", "nested": [], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 161", "legal-doc": "usc", "parsable-cite": "usc/25/161" }, { "text": "25 U.S.C. 162a", "legal-doc": "usc", "parsable-cite": "usc/25/162a" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" } ] }, { "text": "(c) Waivers and releases \nSection 10703 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 ; 123 Stat. 1403) is amended— (1) in subsection (d)(1)(A), by striking 2025 and inserting 2030 ; and (2) in subsection (e)(2), in the matter preceding subparagraph (A), by striking 2025 and inserting 2030.", "id": "idEBDE9E1101BC46AD82B7A8FD62C2E066", "header": "Waivers and releases", "nested": [], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] } ], "links": [ { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" }, { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 161", "legal-doc": "usc", "parsable-cite": "usc/25/161" }, { "text": "25 U.S.C. 162a", "legal-doc": "usc", "parsable-cite": "usc/25/162a" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "Public Law 111–11", "legal-doc": "public-law", "parsable-cite": "pl/111/11" } ] }, { "text": "10702. Settlement trust funds \n(a) Navajo nation water resources development trust fund \n(1) Establishment \nThere is established in the Treasury a fund, to be known as the Navajo Nation Water Resources Development Trust Fund , consisting of— (A) such amounts as are appropriated to the Navajo Nation Water Resources Development Trust Fund under paragraph (5); and (B) any interest earned on investment of amounts in the Navajo Nation Water Resources Development Trust Fund under paragraph (3). (2) Use of funds \nThe Nation may use amounts in the Navajo Nation Water Resources Development Trust Fund— (A) to investigate, construct, operate, maintain, or replace water project facilities, including facilities conveyed to the Nation under this subtitle and facilities owned by the United States for which the Nation is responsible for operation, maintenance, and replacement costs; and (B) to investigate, implement, or improve a water conservation measure (including a metering or monitoring activity) necessary for the Nation to make use of a water right of the Nation under the Agreement. (3) Investment \nBeginning on October 1, 2019, the Secretary shall invest amounts in the Navajo Nation Water Resources Development Trust Fund in accordance with subsection (e). (4) Investment earnings \nAny investment earnings, including interest, credited to amounts held in the Navajo Nation Water Resources Development Trust Fund are authorized to be used in accordance with paragraph (2). (5) Authorization of appropriations \nThere are authorized to be appropriated for deposit in the Navajo Nation Water Resources Development Trust Fund— (A) $6,000,000 for each of fiscal years 2010 through 2014; and (B) $4,000,000 for each of fiscal years 2015 through 2019. (6) Availability \nAny amount authorized to be appropriated to the Navajo Nation Water Resources Development Trust Fund under paragraph (5) shall not be available for expenditure or withdrawal— (A) before December 31, 2019; and (B) until the date on which the court in the stream adjudication has entered— (i) the Partial Final Decree; and (ii) the Supplemental Partial Final Decree. (7) Management \nThe Secretary shall manage the Navajo Nation Water Resources Development Trust Fund in accordance with subsection (d). (8) Conditions for expenditure and withdrawal \nAfter the funds become available pursuant to paragraph (6), all expenditures and withdrawals by the Nation of funds in the Navajo Nation Water Resources Development Trust Fund must comply with the requirements of subsection (f). (b) Navajo nation operations, maintenance, and replacement trust fund \n(1) Establishment \nThe Secretary shall establish a trust fund to be known as the Navajo Nation Operations, Maintenance, and Replacement Trust Fund for the purposes set forth in paragraph (2), to be managed, invested, and distributed by the Secretary, and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the trust fund under paragraph (3), together with any interests earned on those amounts under paragraph (4). (2) Use of funds \nThe Nation may use amounts in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund to pay operations, maintenance, and replacement costs of the Project allocable to the Nation under section 10604. (3) Authorization of appropriations \nThere are authorized to be appropriated for deposit in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund $250,000,000. (4) Investment \nUpon deposit of funding into the Navajo Nation Operations, Maintenance, and Replacement Trust Fund pursuant to paragraph (3), the Secretary shall invest amounts deposited in accordance with subsection (e). (5) Investment earnings \nAny investment earnings, including interest, credited to amounts held in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund are authorized to be used in accordance with paragraph (2). (6) Availability \nAny amount authorized to be appropriated to the Navajo Nation Operations, Maintenance, and Replacement Trust Fund under paragraph (3) shall not be available for expenditure or withdrawal until the Nation is responsible for payment of operation, maintenance, and replacement costs as set forth in section 10603(g). (7) Fluctuation in costs \n(A) In general \nThe amounts authorized to be appropriated under paragraph (3) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after October 2022 as indicated by the Bureau of Reclamation Operation and Maintenance Cost Index. (B) Repetition \nThe adjustment process under this subparagraph shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (C) Period of indexing \nThe period of indexing adjustment under this subparagraph for any increment of funding shall end on the date on which the funds are deposited into the Navajo Nation Operations, Maintenance, and Replacement Trust Fund. (8) Management \nThe Secretary shall manage the Navajo Nation Operations, Maintenance, and Replacement Trust Fund in accordance with subsection (d). (9) Conditions for expenditure and withdrawal \nAll expenditures and withdrawals by the Nation of funds in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund must comply with the requirements of subsection (f). (c) Jicarilla apache nation operations, maintenance, and replacement trust fund \n(1) Prerequisite to establishment \nPrior to establishment of the trust fund under paragraph (2), the Secretary shall conduct an Ability to Pay study to determine what operation, maintenance, and replacement costs of that section of the Project serving the Jicarilla Apache Nation are in excess of the ability of the Jicarilla Apache Nation to pay. (2) Establishment \nUpon completion of the Ability to Pay study as set forth in paragraph (1), the Secretary shall establish a trust fund to be known as the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund for the purposes set forth in paragraph (3), to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the trust fund under paragraph (4), together with any interests earned on those amounts under paragraph (5). (3) Use of funds \nThe Jicarilla Apache Nation may use amounts in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund to pay operations, maintenance, and replacement costs of the Project allocable to the Jicarilla Nation under section 10604. (4) Authorization of appropriations \nThere are authorized to be appropriated for deposit in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund the amounts the Secretary has determined are in excess of the ability of the Jicarilla Apache Nation to pay in the Ability to Pay study required under paragraph (1) up to a maximum of $10,000,000. (5) Investment \nUpon deposit of funding into the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund pursuant to paragraph (4), the Secretary shall invest amounts in the fund in accordance with subsection (e). (6) Investment earnings \nAny investment earnings, including interest, credited to amounts held in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund are authorized to be used in accordance with paragraph (3). (7) Availability \nAny amount authorized to be appropriated to the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund under paragraph (4) shall not be available for expenditure or withdrawal until the Jicarilla Apache Nation is responsible for payment of operation, maintenance, and replacement costs as set forth in section 10603(g). (8) Fluctuation in costs \n(A) In general \nThe amounts authorized to be appropriated under paragraph (4) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after October 2022 as indicated by the Bureau of Reclamation Operation and Maintenance Cost Index. (B) Repetition \nThe adjustment process under this subparagraph shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (C) Period of indexing \nThe period of indexing adjustment under this subparagraph for any increment of funding shall end on the date on which the funds are deposited into the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund. (9) Management \nThe Secretary shall manage the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund in accordance with subsection (d). (10) Conditions for expenditure and withdrawal \nAll expenditures and withdrawals by the Jicarilla Apache Nation of funds in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund must comply with the requirements of subsection (f). (d) Management \nThe Secretary shall manage the Settlement Trust Funds, invest amounts in the Settlement Trust Funds pursuant to subsection (e), and make amounts available from the Settlement Trust Funds for distribution to the Nation and the Jicarilla Apache Nation in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (e) Investment of the trust funds \nThe Secretary shall invest amounts in the Settlement Trust Funds in accordance with— (1) the Act of April 1, 1880 ( 25 U.S.C. 161 ); (2) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ); and (3) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (f) Conditions for expenditures and withdrawals \n(1) Tribal management plan \n(A) In general \nOn approval by the Secretary of a Tribal management plan in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), the Nation and the Jicarilla Apache Nation may withdraw all or a portion of the amounts in the Settlement Trust Funds. (B) Requirements \nIn addition to any requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), a Tribal management plan shall require that the Nation and Jicarilla Apache Nation only use amounts in the Settlement Trust Funds for the purposes described in subsection (a)(2), (b)(2), or (c)(3), as applicable. (2) Enforcement \nThe Secretary may take judicial or administrative action to enforce the provisions of any Tribal management plan to ensure that any amounts withdrawn from the Settlement Trust Funds are used in accordance with this subtitle. (3) No liability \nThe Secretary or the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Settlement Trust Funds by the Nation or the Jicarilla Apache Nation. (4) Expenditure plan \n(A) In general \nThe Nation and Jicarilla Apache Nation shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Settlement Trust Funds made available under this section that the Nation or the Jicarilla Apache Nation does not withdraw under this subsection. (B) Description \nAn expenditure plan submitted under subparagraph (A) shall describe the manner in which, and the purposes for which, funds of the Nation or the Jicarilla Apache Nation remaining in the Settlement Trust Funds will be used. (C) Approval \nOn receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this subtitle. (5) Annual report \nThe Nation and Jicarilla Apache Nation shall submit to the Secretary an annual report that describes any expenditures from the Settlement Trust Funds during the year covered by the report. (6) Limitation \nNo portion of the amounts in the Settlement Trust Funds shall be distributed to any Nation or Jicarilla Apache Nation member on a per capita basis.", "id": "id0c56f48ca4fe48ddb2adf860975dd9ab", "header": "Settlement trust funds", "nested": [ { "text": "(a) Navajo nation water resources development trust fund \n(1) Establishment \nThere is established in the Treasury a fund, to be known as the Navajo Nation Water Resources Development Trust Fund , consisting of— (A) such amounts as are appropriated to the Navajo Nation Water Resources Development Trust Fund under paragraph (5); and (B) any interest earned on investment of amounts in the Navajo Nation Water Resources Development Trust Fund under paragraph (3). (2) Use of funds \nThe Nation may use amounts in the Navajo Nation Water Resources Development Trust Fund— (A) to investigate, construct, operate, maintain, or replace water project facilities, including facilities conveyed to the Nation under this subtitle and facilities owned by the United States for which the Nation is responsible for operation, maintenance, and replacement costs; and (B) to investigate, implement, or improve a water conservation measure (including a metering or monitoring activity) necessary for the Nation to make use of a water right of the Nation under the Agreement. (3) Investment \nBeginning on October 1, 2019, the Secretary shall invest amounts in the Navajo Nation Water Resources Development Trust Fund in accordance with subsection (e). (4) Investment earnings \nAny investment earnings, including interest, credited to amounts held in the Navajo Nation Water Resources Development Trust Fund are authorized to be used in accordance with paragraph (2). (5) Authorization of appropriations \nThere are authorized to be appropriated for deposit in the Navajo Nation Water Resources Development Trust Fund— (A) $6,000,000 for each of fiscal years 2010 through 2014; and (B) $4,000,000 for each of fiscal years 2015 through 2019. (6) Availability \nAny amount authorized to be appropriated to the Navajo Nation Water Resources Development Trust Fund under paragraph (5) shall not be available for expenditure or withdrawal— (A) before December 31, 2019; and (B) until the date on which the court in the stream adjudication has entered— (i) the Partial Final Decree; and (ii) the Supplemental Partial Final Decree. (7) Management \nThe Secretary shall manage the Navajo Nation Water Resources Development Trust Fund in accordance with subsection (d). (8) Conditions for expenditure and withdrawal \nAfter the funds become available pursuant to paragraph (6), all expenditures and withdrawals by the Nation of funds in the Navajo Nation Water Resources Development Trust Fund must comply with the requirements of subsection (f).", "id": "id1851c1abe05c49b2956f8ad0155ee7aa", "header": "Navajo nation water resources development trust fund", "nested": [], "links": [] }, { "text": "(b) Navajo nation operations, maintenance, and replacement trust fund \n(1) Establishment \nThe Secretary shall establish a trust fund to be known as the Navajo Nation Operations, Maintenance, and Replacement Trust Fund for the purposes set forth in paragraph (2), to be managed, invested, and distributed by the Secretary, and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the trust fund under paragraph (3), together with any interests earned on those amounts under paragraph (4). (2) Use of funds \nThe Nation may use amounts in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund to pay operations, maintenance, and replacement costs of the Project allocable to the Nation under section 10604. (3) Authorization of appropriations \nThere are authorized to be appropriated for deposit in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund $250,000,000. (4) Investment \nUpon deposit of funding into the Navajo Nation Operations, Maintenance, and Replacement Trust Fund pursuant to paragraph (3), the Secretary shall invest amounts deposited in accordance with subsection (e). (5) Investment earnings \nAny investment earnings, including interest, credited to amounts held in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund are authorized to be used in accordance with paragraph (2). (6) Availability \nAny amount authorized to be appropriated to the Navajo Nation Operations, Maintenance, and Replacement Trust Fund under paragraph (3) shall not be available for expenditure or withdrawal until the Nation is responsible for payment of operation, maintenance, and replacement costs as set forth in section 10603(g). (7) Fluctuation in costs \n(A) In general \nThe amounts authorized to be appropriated under paragraph (3) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after October 2022 as indicated by the Bureau of Reclamation Operation and Maintenance Cost Index. (B) Repetition \nThe adjustment process under this subparagraph shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (C) Period of indexing \nThe period of indexing adjustment under this subparagraph for any increment of funding shall end on the date on which the funds are deposited into the Navajo Nation Operations, Maintenance, and Replacement Trust Fund. (8) Management \nThe Secretary shall manage the Navajo Nation Operations, Maintenance, and Replacement Trust Fund in accordance with subsection (d). (9) Conditions for expenditure and withdrawal \nAll expenditures and withdrawals by the Nation of funds in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund must comply with the requirements of subsection (f).", "id": "ida1892bd0103b4b9b8b7fdf9ce286966a", "header": "Navajo nation operations, maintenance, and replacement trust fund", "nested": [], "links": [] }, { "text": "(c) Jicarilla apache nation operations, maintenance, and replacement trust fund \n(1) Prerequisite to establishment \nPrior to establishment of the trust fund under paragraph (2), the Secretary shall conduct an Ability to Pay study to determine what operation, maintenance, and replacement costs of that section of the Project serving the Jicarilla Apache Nation are in excess of the ability of the Jicarilla Apache Nation to pay. (2) Establishment \nUpon completion of the Ability to Pay study as set forth in paragraph (1), the Secretary shall establish a trust fund to be known as the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund for the purposes set forth in paragraph (3), to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the trust fund under paragraph (4), together with any interests earned on those amounts under paragraph (5). (3) Use of funds \nThe Jicarilla Apache Nation may use amounts in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund to pay operations, maintenance, and replacement costs of the Project allocable to the Jicarilla Nation under section 10604. (4) Authorization of appropriations \nThere are authorized to be appropriated for deposit in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund the amounts the Secretary has determined are in excess of the ability of the Jicarilla Apache Nation to pay in the Ability to Pay study required under paragraph (1) up to a maximum of $10,000,000. (5) Investment \nUpon deposit of funding into the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund pursuant to paragraph (4), the Secretary shall invest amounts in the fund in accordance with subsection (e). (6) Investment earnings \nAny investment earnings, including interest, credited to amounts held in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund are authorized to be used in accordance with paragraph (3). (7) Availability \nAny amount authorized to be appropriated to the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund under paragraph (4) shall not be available for expenditure or withdrawal until the Jicarilla Apache Nation is responsible for payment of operation, maintenance, and replacement costs as set forth in section 10603(g). (8) Fluctuation in costs \n(A) In general \nThe amounts authorized to be appropriated under paragraph (4) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after October 2022 as indicated by the Bureau of Reclamation Operation and Maintenance Cost Index. (B) Repetition \nThe adjustment process under this subparagraph shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (C) Period of indexing \nThe period of indexing adjustment under this subparagraph for any increment of funding shall end on the date on which the funds are deposited into the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund. (9) Management \nThe Secretary shall manage the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund in accordance with subsection (d). (10) Conditions for expenditure and withdrawal \nAll expenditures and withdrawals by the Jicarilla Apache Nation of funds in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund must comply with the requirements of subsection (f).", "id": "id532dde459efb4f1ba810b7e7b1cb4db3", "header": "Jicarilla apache nation operations, maintenance, and replacement trust fund", "nested": [], "links": [] }, { "text": "(d) Management \nThe Secretary shall manage the Settlement Trust Funds, invest amounts in the Settlement Trust Funds pursuant to subsection (e), and make amounts available from the Settlement Trust Funds for distribution to the Nation and the Jicarilla Apache Nation in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ).", "id": "id93fac3d1d9394dcf89bdc6fbc31ca5c3", "header": "Management", "nested": [], "links": [ { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" } ] }, { "text": "(e) Investment of the trust funds \nThe Secretary shall invest amounts in the Settlement Trust Funds in accordance with— (1) the Act of April 1, 1880 ( 25 U.S.C. 161 ); (2) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ); and (3) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ).", "id": "id114d331551d94f16ae168b07e29ddeab", "header": "Investment of the trust funds", "nested": [], "links": [ { "text": "25 U.S.C. 161", "legal-doc": "usc", "parsable-cite": "usc/25/161" }, { "text": "25 U.S.C. 162a", "legal-doc": "usc", "parsable-cite": "usc/25/162a" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" } ] }, { "text": "(f) Conditions for expenditures and withdrawals \n(1) Tribal management plan \n(A) In general \nOn approval by the Secretary of a Tribal management plan in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), the Nation and the Jicarilla Apache Nation may withdraw all or a portion of the amounts in the Settlement Trust Funds. (B) Requirements \nIn addition to any requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), a Tribal management plan shall require that the Nation and Jicarilla Apache Nation only use amounts in the Settlement Trust Funds for the purposes described in subsection (a)(2), (b)(2), or (c)(3), as applicable. (2) Enforcement \nThe Secretary may take judicial or administrative action to enforce the provisions of any Tribal management plan to ensure that any amounts withdrawn from the Settlement Trust Funds are used in accordance with this subtitle. (3) No liability \nThe Secretary or the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Settlement Trust Funds by the Nation or the Jicarilla Apache Nation. (4) Expenditure plan \n(A) In general \nThe Nation and Jicarilla Apache Nation shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Settlement Trust Funds made available under this section that the Nation or the Jicarilla Apache Nation does not withdraw under this subsection. (B) Description \nAn expenditure plan submitted under subparagraph (A) shall describe the manner in which, and the purposes for which, funds of the Nation or the Jicarilla Apache Nation remaining in the Settlement Trust Funds will be used. (C) Approval \nOn receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this subtitle. (5) Annual report \nThe Nation and Jicarilla Apache Nation shall submit to the Secretary an annual report that describes any expenditures from the Settlement Trust Funds during the year covered by the report. (6) Limitation \nNo portion of the amounts in the Settlement Trust Funds shall be distributed to any Nation or Jicarilla Apache Nation member on a per capita basis.", "id": "id92b47740128448e18d99252e8e54ae3b", "header": "Conditions for expenditures and withdrawals", "nested": [], "links": [ { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" } ] } ], "links": [ { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 161", "legal-doc": "usc", "parsable-cite": "usc/25/161" }, { "text": "25 U.S.C. 162a", "legal-doc": "usc", "parsable-cite": "usc/25/162a" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" } ] } ]

[ "Arizona", "Government trust funds", "Indian lands and resources rights", "Infrastructure development", "Lakes and rivers", "Land transfers", "Land use and conservation", "New Mexico", "Rural conditions and development", "Water resources funding", "Water storage", "Water use and supply" ]

[ { "text": "1. Short title \nThis Act may be cited as the Genomics Data Security Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Modernizing the National Institutes of Health’s approach to national security \nSection 402(m)(2) of the Public Health Service Act ( 42 U.S.C. 282(m)(2) ) is amended— (1) in subparagraph (E), by striking ; and and inserting a semicolon; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: (F) address national security issues, including ways in which the National Institutes of Health can engage with other Federal agencies to modernize the national security strategy of the National Institutes of Health; and.", "id": "idAE2E42A5935B46CBB80CB802E896AFAA", "header": "Modernizing the National Institutes of Health’s approach to national security", "nested": [], "links": [ { "text": "42 U.S.C. 282(m)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/282" } ] }, { "text": "3. Utilization of genomic sequencing services by the National Institutes of Health \nNotwithstanding any other provision of law, no amounts made available to the National Institutes of Health may be used with respect to activities carried out by any company or its subcontractors or subsidiaries— (1) over which control is exercised or exercisable by the Government of the People's Republic of China, a national of the People’s Republic of China, or an entity organized under the laws of the People’s Republic of China; or (2) in which the Government of the People's Republic of China has a substantial interest.", "id": "idF2370BEBE0A64C5499C66630FF25FF9B", "header": "Utilization of genomic sequencing services by the National Institutes of Health", "nested": [], "links": [] }, { "text": "4. National security considerations through licensure \nSection 353 of the Public Health Service Act ( 42 U.S.C. 263a ) is amended— (1) by redesignating subsection (q) as subsection (r); and (2) by inserting after subsection (p) the following: (q) Ties to the People's Republic of China \n(1) In general \nEach certificate issued by the Secretary under this section shall state whether— (A) the laboratory; (B) the company that owns or manages the laboratory; or (C) any subcontractors or subsidiaries of such a laboratory or company, is an entity described in paragraph (2). (2) Entity described \nAn entity described in this paragraph is an entity— (A) (i) that is engaged in the biological, microbiological, serological, chemical, immuno-hematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, people of the United States; or (ii) that handles or has access to any data related to people of the United States that is derived from any activity described in clause (i); and (B) (i) over which control is exercised or exercisable by the Government of the People's Republic of China, a national of the People’s Republic of China, or an entity organized under the laws of the People’s Republic of China; or (ii) in which the Government of the People's Republic of China has a substantial interest..", "id": "idE4E718DA50F94BAF8CB60E6CDD230DE9", "header": "National security considerations through licensure", "nested": [], "links": [ { "text": "42 U.S.C. 263a", "legal-doc": "usc", "parsable-cite": "usc/42/263a" } ] }, { "text": "5. NIH Grantee ties to foreign governments \nTitle IV of the Public Health Service Act is amended by inserting after section 403C ( 42 U.S.C. 283a–2 ) the following: 403C–1. Annual reporting regarding grantee ties to foreign governments \n(a) In general \nOn an annual basis, the Director of NIH shall submit to the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate, and to the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives, a report on any ties to foreign governments that researchers funded by grants from the National Institutes of Health have and that are not properly disclosed, vetted, and approved by the National Institutes of Health, including the status of any ongoing National Institutes of Health compliance reviews related to such ties and all administrative actions taken to address such concerns. (b) Requirement \nThe Committees receiving the reports under subsection (a) shall keep confidential, and shall not release, any provision of such a report that is related to an ongoing National Institutes of Health compliance review..", "id": "idD868D2A0C0E74D40AB26DD16EF9B6E03", "header": "NIH Grantee ties to foreign governments", "nested": [], "links": [ { "text": "42 U.S.C. 283a–2", "legal-doc": "usc", "parsable-cite": "usc/42/283a-2" } ] }, { "text": "403C–1. Annual reporting regarding grantee ties to foreign governments \n(a) In general \nOn an annual basis, the Director of NIH shall submit to the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate, and to the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives, a report on any ties to foreign governments that researchers funded by grants from the National Institutes of Health have and that are not properly disclosed, vetted, and approved by the National Institutes of Health, including the status of any ongoing National Institutes of Health compliance reviews related to such ties and all administrative actions taken to address such concerns. (b) Requirement \nThe Committees receiving the reports under subsection (a) shall keep confidential, and shall not release, any provision of such a report that is related to an ongoing National Institutes of Health compliance review.", "id": "id3A97806338764E9AA14792B840B573B5", "header": "Annual reporting regarding grantee ties to foreign governments", "nested": [ { "text": "(a) In general \nOn an annual basis, the Director of NIH shall submit to the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate, and to the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives, a report on any ties to foreign governments that researchers funded by grants from the National Institutes of Health have and that are not properly disclosed, vetted, and approved by the National Institutes of Health, including the status of any ongoing National Institutes of Health compliance reviews related to such ties and all administrative actions taken to address such concerns.", "id": "id975D0AE7E8214ED9BB4DA01CC86C25D3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirement \nThe Committees receiving the reports under subsection (a) shall keep confidential, and shall not release, any provision of such a report that is related to an ongoing National Institutes of Health compliance review.", "id": "id2FA0C4C3000A4FF09589EF920E221983", "header": "Requirement", "nested": [], "links": [] } ], "links": [] }, { "text": "6. National security considerations in research \n(a) Establishment of working group \nNot later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish a working group (in this Act referred to as the Working Group ) in the Department of Health and Human Services to make recommended updates to the National Institute of Health’s Genomic Data Sharing Policy and to that end, develop and disseminate best practices on data sharing for use by entities engaged in biomedical research and international collaboration to enable both academic, public, and private institutions to— (1) protect intellectual property; (2) weigh the national security risks of potential partnerships where sensitive health information (for purposes of this Act, as defined by the Health IT Policy Committee), of the people of the United States is exchanged; and (3) protect the sensitive health information of the people of the United States. (b) Membership \n(1) Composition \nThe Secretary shall, after consultation with the Director of the National Science Foundation and the Attorney General, appoint to the Working Group— (A) individuals with knowledge and expertise in data privacy or security, data-sharing, national security, or the uses of genomic technology and information in clinical or non-clinical research; (B) representatives of national associations representing biomedical research institutions and academic societies; (C) representatives of at least 2 major genomics research organizations from the private sector; and (D) representatives of any other entities the Secretary determines appropriate and necessary to develop the best practices described in subsection (a). (2) Representation \nIn addition to the members described in paragraph (1), the Working Group shall include not less than one representative of each of the following: (A) The National Institutes of Health. (B) The Bureau of Industry and Security of the Department of Commerce. (C) The National Academies of Science, Engineering, and Medicine. (D) The Department of State. (E) The Department of Justice. (F) The Federal Health IT Coordinating Council. (G) The Office of the National Coordinator for Health Information Technology. (H) The Defense Advanced Research Projects Agency. (I) The Department of Energy. (3) Date \nThe appointments of the members of the Working Group shall be made not later than 90 days after the date of enactment of this Act. (c) Duties of Working Group \n(1) Study \nThe Working Group shall study— (A) the transfer of data between private, public, and academic institutions that partake in science and technology research and their research partners, with a focus on entities of the People’s Republic of China and other foreign entities of concern, including a review of what circumstances would constitute a transfer of data; (B) best practices regarding data protection to help private, public, and academic institutions that partake in biomedical research decide how to weigh and factor national security into their partnership decisions and, through research collaborations, what steps the institutions can take to safeguard data, particularly genomic data; (C) recommendations regarding areas where Federal agencies can coordinate to increase education to such private and academic research institutions that partake in science and technology research to ensure the institutions can better protect themselves from economic threats with a strengthened understanding of intellectual property rights, research ethics, and the risk of intellectual property theft, as well as education on how to recognize and report such threats; and (D) other risks and best practices related to information and data sharing, as identified by the Working Group, including any gaps in current practice that could be addressed by congressional action. (2) Report \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the Working Group shall submit a report that contains a detailed statement of the findings and conclusions of the Working Group, together with recommendations to update the National Institute of Health’s Genomic Data Sharing Policy and subsequent nonbinding guidance regarding risks and safeguards for data sharing with foreign entities for research institutions in the field, to— (i) the Secretary of Health and Human Services; (ii) the President; (iii) the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (iv) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (B) Guidance \nThe guidance provided under subparagraph (A) shall include non-binding guidance for entities that utilize genomic technologies, such as whole genomic sequencing, for use in research or other types of sensitive health information, as defined by the Secretary. (3) Requirements \nIn carrying out the duties of this subsection, the Working Group shall consider all existing Federal guidance and grant requirements (as of the date of consideration), particularly with regard to foreign influences and research integrity, and ensure that all recommended updates to the Genomic Data Sharing Policy and subsequent best practices put forward by the working group not duplicate or conflict with existing guidance, as of the date of publication. (d) Powers of Working Group \n(1) Hearings \nThe Working Group may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Working Group considers advisable to carry out this Act. (2) Information from Federal agencies \n(A) In general \nThe Working Group may secure directly from a Federal department or agency such information as the Working Group considers necessary to carry out this Act. (B) Furnishing information \nOn request of a majority of the members of the Working Group, the head of the department or agency shall furnish the information to the Working Group. (3) Postal services \nThe Working Group may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Termination of Working Group \nThe Working Group shall terminate 90 days after the date on which the Working Group submits the report required under subsection (c)(2).", "id": "idF55DB07237124B5F88BF0C9CD54C8FEA", "header": "National security considerations in research", "nested": [ { "text": "(a) Establishment of working group \nNot later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish a working group (in this Act referred to as the Working Group ) in the Department of Health and Human Services to make recommended updates to the National Institute of Health’s Genomic Data Sharing Policy and to that end, develop and disseminate best practices on data sharing for use by entities engaged in biomedical research and international collaboration to enable both academic, public, and private institutions to— (1) protect intellectual property; (2) weigh the national security risks of potential partnerships where sensitive health information (for purposes of this Act, as defined by the Health IT Policy Committee), of the people of the United States is exchanged; and (3) protect the sensitive health information of the people of the United States.", "id": "id24faf5a667774ab49327af58b2c5f1fe", "header": "Establishment of working group", "nested": [], "links": [] }, { "text": "(b) Membership \n(1) Composition \nThe Secretary shall, after consultation with the Director of the National Science Foundation and the Attorney General, appoint to the Working Group— (A) individuals with knowledge and expertise in data privacy or security, data-sharing, national security, or the uses of genomic technology and information in clinical or non-clinical research; (B) representatives of national associations representing biomedical research institutions and academic societies; (C) representatives of at least 2 major genomics research organizations from the private sector; and (D) representatives of any other entities the Secretary determines appropriate and necessary to develop the best practices described in subsection (a). (2) Representation \nIn addition to the members described in paragraph (1), the Working Group shall include not less than one representative of each of the following: (A) The National Institutes of Health. (B) The Bureau of Industry and Security of the Department of Commerce. (C) The National Academies of Science, Engineering, and Medicine. (D) The Department of State. (E) The Department of Justice. (F) The Federal Health IT Coordinating Council. (G) The Office of the National Coordinator for Health Information Technology. (H) The Defense Advanced Research Projects Agency. (I) The Department of Energy. (3) Date \nThe appointments of the members of the Working Group shall be made not later than 90 days after the date of enactment of this Act.", "id": "id59e3b6330a554cdd918d09c964c25ad0", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Duties of Working Group \n(1) Study \nThe Working Group shall study— (A) the transfer of data between private, public, and academic institutions that partake in science and technology research and their research partners, with a focus on entities of the People’s Republic of China and other foreign entities of concern, including a review of what circumstances would constitute a transfer of data; (B) best practices regarding data protection to help private, public, and academic institutions that partake in biomedical research decide how to weigh and factor national security into their partnership decisions and, through research collaborations, what steps the institutions can take to safeguard data, particularly genomic data; (C) recommendations regarding areas where Federal agencies can coordinate to increase education to such private and academic research institutions that partake in science and technology research to ensure the institutions can better protect themselves from economic threats with a strengthened understanding of intellectual property rights, research ethics, and the risk of intellectual property theft, as well as education on how to recognize and report such threats; and (D) other risks and best practices related to information and data sharing, as identified by the Working Group, including any gaps in current practice that could be addressed by congressional action. (2) Report \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the Working Group shall submit a report that contains a detailed statement of the findings and conclusions of the Working Group, together with recommendations to update the National Institute of Health’s Genomic Data Sharing Policy and subsequent nonbinding guidance regarding risks and safeguards for data sharing with foreign entities for research institutions in the field, to— (i) the Secretary of Health and Human Services; (ii) the President; (iii) the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (iv) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (B) Guidance \nThe guidance provided under subparagraph (A) shall include non-binding guidance for entities that utilize genomic technologies, such as whole genomic sequencing, for use in research or other types of sensitive health information, as defined by the Secretary. (3) Requirements \nIn carrying out the duties of this subsection, the Working Group shall consider all existing Federal guidance and grant requirements (as of the date of consideration), particularly with regard to foreign influences and research integrity, and ensure that all recommended updates to the Genomic Data Sharing Policy and subsequent best practices put forward by the working group not duplicate or conflict with existing guidance, as of the date of publication.", "id": "id5c14b00b0b8149358e6f9b5ed6fd3d25", "header": "Duties of Working Group", "nested": [], "links": [] }, { "text": "(d) Powers of Working Group \n(1) Hearings \nThe Working Group may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Working Group considers advisable to carry out this Act. (2) Information from Federal agencies \n(A) In general \nThe Working Group may secure directly from a Federal department or agency such information as the Working Group considers necessary to carry out this Act. (B) Furnishing information \nOn request of a majority of the members of the Working Group, the head of the department or agency shall furnish the information to the Working Group. (3) Postal services \nThe Working Group may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.", "id": "id012ab4eea2ba4a18a942945c9b022af1", "header": "Powers of Working Group", "nested": [], "links": [] }, { "text": "(e) Termination of Working Group \nThe Working Group shall terminate 90 days after the date on which the Working Group submits the report required under subsection (c)(2).", "id": "ida7d1a750e92e42f29074fa9779af8843", "header": "Termination of Working Group", "nested": [], "links": [] } ], "links": [] } ]

[ "Asia", "China", "Congressional oversight", "Department of Health and Human Services", "Executive agency funding and structure", "Genetics", "Government studies and investigations", "Health facilities and institutions", "Health information and medical records", "Health programs administration and funding", "Health promotion and preventive care", "Higher education", "Intellectual property", "International organizations and cooperation", "Licensing and registrations", "Medical ethics", "Medical research", "Medical tests and diagnostic methods", "National Institutes of Health (NIH)", "Research administration and funding", "Research ethics" ]

[ { "text": "1. Short title \nThis Act may be cited as the Conservation Reserve Program Improvement Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Conservation reserve program improvements \n(a) State acres for wildlife enhancement continuous enrollment \nSection 1231(d)(6)(A)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3831(d)(6)(A)(i) ) is amended— (1) in subclause (II), by striking and at the end; and (2) by adding at the end the following: (IV) land that will be enrolled under the State acres for wildlife enhancement practice established by the Secretary; and. (b) Cost sharing payments for establishment of grazing infrastructure \n(1) In general \nSection 1234(b)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b)(1) ) is amended— (A) by striking establishing water and inserting the following: “establishing— (A) water ; (B) in subparagraph (A) (as so designated), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (B) grazing infrastructure, including interior cross fencing, perimeter fencing, and water infrastructure (such as rural water connections, water wells, pipelines, and water tanks), under each contract, for all practices, if grazing is included in the conservation plan and addresses a resource concern.. (2) Reenrollment of land with grazing infrastructure \nSection 1231(h) of the Food Security Act of 1985 ( 16 U.S.C. 3831(h) ) is amended by adding at the end the following: (3) Land with grazing infrastructure \nOn the expiration of a contract entered into under this subchapter that covers land that includes grazing infrastructure established with cost sharing assistance under section 1234(b)(1)(B)— (A) the Secretary shall consider that land to be planted for purposes of subsection (b)(1)(B); and (B) that land shall be eligible for reenrollment in the conservation reserve, subject to the requirements of this subchapter.. (c) Mid-Contract management for activities not relating to haying or grazing \n(1) Definition of management \nSection 1232(a)(5) of the Food Security Act of 1985 ( 16 U.S.C. 3832(a)(5) ) is amended by inserting (as defined in section 1231A(a)) after management. (2) Management payments \nSection 1234(b)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b)(2) ) is amended by striking subparagraph (B) and inserting the following: (B) Management payments \nThe Secretary shall make cost sharing payments to an owner or operator under this subchapter for any management activity described in section 1232(a)(5), except for those management activities relating to haying or grazing.. (d) Payment limitation for rental payments \nSection 1234(g)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3834(g)(1) ) is amended by striking $50,000 and inserting $125,000.", "id": "id75D8ADCA4A5A4707BC7964C5F5332E5B", "header": "Conservation reserve program improvements", "nested": [ { "text": "(a) State acres for wildlife enhancement continuous enrollment \nSection 1231(d)(6)(A)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3831(d)(6)(A)(i) ) is amended— (1) in subclause (II), by striking and at the end; and (2) by adding at the end the following: (IV) land that will be enrolled under the State acres for wildlife enhancement practice established by the Secretary; and.", "id": "idBB8AFD6650BA414E92764EE1CDF3606F", "header": "State acres for wildlife enhancement continuous enrollment", "nested": [], "links": [ { "text": "16 U.S.C. 3831(d)(6)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/16/3831" } ] }, { "text": "(b) Cost sharing payments for establishment of grazing infrastructure \n(1) In general \nSection 1234(b)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b)(1) ) is amended— (A) by striking establishing water and inserting the following: “establishing— (A) water ; (B) in subparagraph (A) (as so designated), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (B) grazing infrastructure, including interior cross fencing, perimeter fencing, and water infrastructure (such as rural water connections, water wells, pipelines, and water tanks), under each contract, for all practices, if grazing is included in the conservation plan and addresses a resource concern.. (2) Reenrollment of land with grazing infrastructure \nSection 1231(h) of the Food Security Act of 1985 ( 16 U.S.C. 3831(h) ) is amended by adding at the end the following: (3) Land with grazing infrastructure \nOn the expiration of a contract entered into under this subchapter that covers land that includes grazing infrastructure established with cost sharing assistance under section 1234(b)(1)(B)— (A) the Secretary shall consider that land to be planted for purposes of subsection (b)(1)(B); and (B) that land shall be eligible for reenrollment in the conservation reserve, subject to the requirements of this subchapter..", "id": "idCD2C8BC5FF1348FEAFFB0A9FAF08E5FF", "header": "Cost sharing payments for establishment of grazing infrastructure", "nested": [], "links": [ { "text": "16 U.S.C. 3834(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/16/3834" }, { "text": "16 U.S.C. 3831(h)", "legal-doc": "usc", "parsable-cite": "usc/16/3831" } ] }, { "text": "(c) Mid-Contract management for activities not relating to haying or grazing \n(1) Definition of management \nSection 1232(a)(5) of the Food Security Act of 1985 ( 16 U.S.C. 3832(a)(5) ) is amended by inserting (as defined in section 1231A(a)) after management. (2) Management payments \nSection 1234(b)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b)(2) ) is amended by striking subparagraph (B) and inserting the following: (B) Management payments \nThe Secretary shall make cost sharing payments to an owner or operator under this subchapter for any management activity described in section 1232(a)(5), except for those management activities relating to haying or grazing..", "id": "id4045AAB494024FFD8AD08B056F6A47EE", "header": "Mid-Contract management for activities not relating to haying or grazing", "nested": [], "links": [ { "text": "16 U.S.C. 3832(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/16/3832" }, { "text": "16 U.S.C. 3834(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/3834" } ] }, { "text": "(d) Payment limitation for rental payments \nSection 1234(g)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3834(g)(1) ) is amended by striking $50,000 and inserting $125,000.", "id": "idF4D4AFD7AF114E05B9793CAD602DF1F7", "header": "Payment limitation for rental payments", "nested": [], "links": [ { "text": "16 U.S.C. 3834(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/16/3834" } ] } ], "links": [ { "text": "16 U.S.C. 3831(d)(6)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/16/3831" }, { "text": "16 U.S.C. 3834(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/16/3834" }, { "text": "16 U.S.C. 3831(h)", "legal-doc": "usc", "parsable-cite": "usc/16/3831" }, { "text": "16 U.S.C. 3832(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/16/3832" }, { "text": "16 U.S.C. 3834(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/3834" }, { "text": "16 U.S.C. 3834(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/16/3834" } ] } ]

[ "Agricultural conservation and pollution", "Farmland", "Land use and conservation", "Livestock", "Wildlife conservation and habitat protection" ]

[ { "text": "1. Short title \nThis Act may be cited as the District of Columbia National Guard Home Rule Act.", "id": "H538F5007DE6044B39D5445D0854584E2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension of National Guard authorities to Mayor of the District of Columbia \n(a) Mayor as Commander-in-Chief \nSection 6 of the Act entitled An Act to provide for the organization of the militia of the District of Columbia, and for other purposes , approved March 1, 1889 (sec. 49–409, D.C. Official Code), is amended by striking President of the United States and inserting Mayor of the District of Columbia. (b) Reserve corps \nSection 72 of such Act (sec. 49–407, D.C. Official Code) is amended by striking President of the United States each place it appears and inserting Mayor of the District of Columbia. (c) Appointment of commissioned officers \n(1) Section 7(a) of such Act (sec. 49–301(a), D.C. Official Code) is amended— (A) by striking President of the United States and inserting Mayor of the District of Columbia ; and (B) by striking President. and inserting Mayor.. (2) Section 9 of such Act (sec. 49–304, D.C. Official Code) is amended by striking President and inserting Mayor of the District of Columbia. (3) Section 13 of such Act (sec. 49–305, D.C. Official Code) is amended by striking President of the United States and inserting Mayor of the District of Columbia. (4) Section 19 of such Act (sec. 49–311, D.C. Official Code) is amended— (A) in subsection (a), by striking to the Secretary of the Army and all that follows through which board and inserting to a board of examination appointed by the Commanding General, which ; and (B) in subsection (b), by striking the Secretary of the Army and all that follows through the period and inserting the Mayor of the District of Columbia, together with any recommendations of the Commanding General.. (5) Section 20 of such Act (sec. 49–312, D.C. Official Code) is amended— (A) by striking President of the United States each place it appears and inserting Mayor of the District of Columbia ; and (B) by striking the President may retire and inserting the Mayor may retire. (d) Call for duty \n(1) Section 45 of such Act (sec. 49–103, D.C. Official Code) is amended by striking , or for the United States Marshal and all that follows through shall thereupon order and inserting to order. (2) Section 46 of such Act (sec. 49–104, D.C. Official Code) is amended by striking the President and inserting the Mayor of the District of Columbia. (e) General courts martial \nSection 51 of such Act (sec. 49–503, D.C. Official Code) is amended by striking the President of the United States and inserting the Mayor of the District of Columbia.", "id": "H065A44210A664D62B87EA674222A4251", "header": "Extension of National Guard authorities to Mayor of the District of Columbia", "nested": [ { "text": "(a) Mayor as Commander-in-Chief \nSection 6 of the Act entitled An Act to provide for the organization of the militia of the District of Columbia, and for other purposes , approved March 1, 1889 (sec. 49–409, D.C. Official Code), is amended by striking President of the United States and inserting Mayor of the District of Columbia.", "id": "HE4E4874DBBC1462EAFDF5EAC2D7B931E", "header": "Mayor as Commander-in-Chief", "nested": [], "links": [] }, { "text": "(b) Reserve corps \nSection 72 of such Act (sec. 49–407, D.C. Official Code) is amended by striking President of the United States each place it appears and inserting Mayor of the District of Columbia.", "id": "H576700E7BAC2453D8E50E12EAB30220E", "header": "Reserve corps", "nested": [], "links": [] }, { "text": "(c) Appointment of commissioned officers \n(1) Section 7(a) of such Act (sec. 49–301(a), D.C. Official Code) is amended— (A) by striking President of the United States and inserting Mayor of the District of Columbia ; and (B) by striking President. and inserting Mayor.. (2) Section 9 of such Act (sec. 49–304, D.C. Official Code) is amended by striking President and inserting Mayor of the District of Columbia. (3) Section 13 of such Act (sec. 49–305, D.C. Official Code) is amended by striking President of the United States and inserting Mayor of the District of Columbia. (4) Section 19 of such Act (sec. 49–311, D.C. Official Code) is amended— (A) in subsection (a), by striking to the Secretary of the Army and all that follows through which board and inserting to a board of examination appointed by the Commanding General, which ; and (B) in subsection (b), by striking the Secretary of the Army and all that follows through the period and inserting the Mayor of the District of Columbia, together with any recommendations of the Commanding General.. (5) Section 20 of such Act (sec. 49–312, D.C. Official Code) is amended— (A) by striking President of the United States each place it appears and inserting Mayor of the District of Columbia ; and (B) by striking the President may retire and inserting the Mayor may retire.", "id": "H330CF2898B174752A3ED40586F230EF5", "header": "Appointment of commissioned officers", "nested": [], "links": [] }, { "text": "(d) Call for duty \n(1) Section 45 of such Act (sec. 49–103, D.C. Official Code) is amended by striking , or for the United States Marshal and all that follows through shall thereupon order and inserting to order. (2) Section 46 of such Act (sec. 49–104, D.C. Official Code) is amended by striking the President and inserting the Mayor of the District of Columbia.", "id": "HEA047C49D3B944D2A770B8202EB6026D", "header": "Call for duty", "nested": [], "links": [] }, { "text": "(e) General courts martial \nSection 51 of such Act (sec. 49–503, D.C. Official Code) is amended by striking the President of the United States and inserting the Mayor of the District of Columbia.", "id": "H259BB92C94234961A64261E970E09C14", "header": "General courts martial", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Conforming amendments to title 10 , United States Code \n(a) Failure To satisfactorily perform prescribed training \nSection 10148(b) of title 10, United States Code, is amended by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia. (b) Appointment of chief of National Guard bureau \nSection 10502(a)(1) of such title is amended by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia. (c) Vice chief of National Guard bureau \nSection 10505(a)(1)(A) of such title is amended by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia. (d) Other senior National Guard bureau officers \nSection 10506(a)(1) of such title is amended by striking the commanding general of the District of Columbia National Guard both places it appears and inserting the Mayor of the District of Columbia. (e) Consent for active duty or relocation \n(1) Section 12301 of such title is amended— (A) in subsection (b), by striking commanding general of the District of Columbia National Guard in the second sentence and inserting Mayor of the District of Columbia ; and (B) in subsection (d), by striking the period at the end and inserting the following: , or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia.. (2) Section 12406 of such title is amended by striking the commanding general of the National Guard of the District of Columbia and inserting the Mayor of the District of Columbia. (f) Consent for relocation of units \nSection 18238 of such title is amended by striking the commanding general of the National Guard of the District of Columbia and inserting the Mayor of the District of Columbia.", "id": "H217FF99460254E8A975BE3A06C9F2FCB", "header": "Conforming amendments to title 10, United States Code", "nested": [ { "text": "(a) Failure To satisfactorily perform prescribed training \nSection 10148(b) of title 10, United States Code, is amended by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia.", "id": "HEDE2C59CB5104B4C9F53C85A82EC7DC0", "header": "Failure To satisfactorily perform prescribed training", "nested": [], "links": [] }, { "text": "(b) Appointment of chief of National Guard bureau \nSection 10502(a)(1) of such title is amended by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia.", "id": "H9BDB3D6B90924D579E2C660BC577FB78", "header": "Appointment of chief of National Guard bureau", "nested": [], "links": [] }, { "text": "(c) Vice chief of National Guard bureau \nSection 10505(a)(1)(A) of such title is amended by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia.", "id": "H9BBD1737C145411EAB78AB79F4842942", "header": "Vice chief of National Guard bureau", "nested": [], "links": [] }, { "text": "(d) Other senior National Guard bureau officers \nSection 10506(a)(1) of such title is amended by striking the commanding general of the District of Columbia National Guard both places it appears and inserting the Mayor of the District of Columbia.", "id": "H27D5C1E994CA417FA3BA1C885F2BBA79", "header": "Other senior National Guard bureau officers", "nested": [], "links": [] }, { "text": "(e) Consent for active duty or relocation \n(1) Section 12301 of such title is amended— (A) in subsection (b), by striking commanding general of the District of Columbia National Guard in the second sentence and inserting Mayor of the District of Columbia ; and (B) in subsection (d), by striking the period at the end and inserting the following: , or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia.. (2) Section 12406 of such title is amended by striking the commanding general of the National Guard of the District of Columbia and inserting the Mayor of the District of Columbia.", "id": "H6822C83A06704100A63D07B1CD9BB47E", "header": "Consent for active duty or relocation", "nested": [], "links": [] }, { "text": "(f) Consent for relocation of units \nSection 18238 of such title is amended by striking the commanding general of the National Guard of the District of Columbia and inserting the Mayor of the District of Columbia.", "id": "HF84D022495394F0D88EE36F507AADBFB", "header": "Consent for relocation of units", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Conforming amendments to title 32 , United States Code \n(a) Maintenance of other troops \nSection 109(c) of title 32, United States Code, is amended by striking (or commanding general in the case of the District of Columbia). (b) Drug interdiction and Counter-Drug activities \nSection 112(h)(2) of such title is amended by striking the Commanding General of the National Guard of the District of Columbia and inserting the Mayor of the District of Columbia. (c) Additional assistance \nSection 113 of such title is amended by adding at the end the following new subsection: (e) Inclusion of District of Columbia \nIn this section, the term State includes the District of Columbia.. (d) Appointment of adjutant general \nSection 314 of such title is amended— (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated), by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia,. (e) Relief from national guard duty \nSection 325(a)(2)(B) of such title is amended by striking commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia. (f) Authority To order To perform Active Guard and Reserve duty \n(1) Authority \nSubsection (a) of section 328 of such title is amended by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia. (2) Clerical amendments \n(A) Section heading \nThe heading of such section is amended to read as follows: 328. Active Guard and Reserve duty: authority of chief executive \n. (B) Table of sections \nThe table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 328 and inserting the following new item: 328. Active Guard and Reserve duty: authority of chief executive.. (g) Personnel matters \nSection 505 of such title is amended by striking commanding general of the National Guard of the District of Columbia in the first sentence and inserting Mayor of the District of Columbia. (h) National Guard challenge program \nSection 509 of such title is amended— (1) in subsection (c)(1), by striking the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general and inserting the Mayor of the District of Columbia, under which the Governor or the Mayor ; (2) in subsection (g)(2), by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia ; (3) in subsection (j), by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia ; and (4) in subsection (k), by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia. (i) Issuance of supplies \nSection 702(a) of such title is amended by striking commanding general of the National Guard of the District of Columbia and inserting Mayor of the District of Columbia. (j) Appointment of fiscal officer \nSection 708(a) of such title is amended by striking commanding general of the National Guard of the District of Columbia and inserting Mayor of the District of Columbia.", "id": "HF47A93AD015443FE9F55F52AE37CB4A1", "header": "Conforming amendments to title 32, United States Code", "nested": [ { "text": "(a) Maintenance of other troops \nSection 109(c) of title 32, United States Code, is amended by striking (or commanding general in the case of the District of Columbia).", "id": "HF5268956D6DF4EDAB55E2822A9818806", "header": "Maintenance of other troops", "nested": [], "links": [] }, { "text": "(b) Drug interdiction and Counter-Drug activities \nSection 112(h)(2) of such title is amended by striking the Commanding General of the National Guard of the District of Columbia and inserting the Mayor of the District of Columbia.", "id": "H4FA4216FA6DB48C7B7D7265D13E57DB5", "header": "Drug interdiction and Counter-Drug activities", "nested": [], "links": [] }, { "text": "(c) Additional assistance \nSection 113 of such title is amended by adding at the end the following new subsection: (e) Inclusion of District of Columbia \nIn this section, the term State includes the District of Columbia..", "id": "HB22A2C1E6A0D41BC8452142E33ABC285", "header": "Additional assistance", "nested": [], "links": [] }, { "text": "(d) Appointment of adjutant general \nSection 314 of such title is amended— (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated), by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia,.", "id": "H32AED41D8F7A4E24947BDDF9FD2EB142", "header": "Appointment of adjutant general", "nested": [], "links": [] }, { "text": "(e) Relief from national guard duty \nSection 325(a)(2)(B) of such title is amended by striking commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia.", "id": "HD6BBC7CDFAC9417495032601E882965A", "header": "Relief from national guard duty", "nested": [], "links": [] }, { "text": "(f) Authority To order To perform Active Guard and Reserve duty \n(1) Authority \nSubsection (a) of section 328 of such title is amended by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia. (2) Clerical amendments \n(A) Section heading \nThe heading of such section is amended to read as follows: 328. Active Guard and Reserve duty: authority of chief executive \n. (B) Table of sections \nThe table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 328 and inserting the following new item: 328. Active Guard and Reserve duty: authority of chief executive..", "id": "H53DCF76D65EE47F2A6AB1FB6FD45DB50", "header": "Authority To order To perform Active Guard and Reserve duty", "nested": [], "links": [] }, { "text": "(g) Personnel matters \nSection 505 of such title is amended by striking commanding general of the National Guard of the District of Columbia in the first sentence and inserting Mayor of the District of Columbia.", "id": "H567522F1498B4E37A7308988B26D4936", "header": "Personnel matters", "nested": [], "links": [] }, { "text": "(h) National Guard challenge program \nSection 509 of such title is amended— (1) in subsection (c)(1), by striking the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general and inserting the Mayor of the District of Columbia, under which the Governor or the Mayor ; (2) in subsection (g)(2), by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia ; (3) in subsection (j), by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia ; and (4) in subsection (k), by striking the commanding general of the District of Columbia National Guard and inserting the Mayor of the District of Columbia.", "id": "HE3726F23DD3146EFAAFA02B78FFF8315", "header": "National Guard challenge program", "nested": [], "links": [] }, { "text": "(i) Issuance of supplies \nSection 702(a) of such title is amended by striking commanding general of the National Guard of the District of Columbia and inserting Mayor of the District of Columbia.", "id": "H5BE519FE8FF74507B2FF8BAAE263D2D0", "header": "Issuance of supplies", "nested": [], "links": [] }, { "text": "(j) Appointment of fiscal officer \nSection 708(a) of such title is amended by striking commanding general of the National Guard of the District of Columbia and inserting Mayor of the District of Columbia.", "id": "H7809D943B6D4451A9D01F3E3064356D9", "header": "Appointment of fiscal officer", "nested": [], "links": [] } ], "links": [] }, { "text": "328. Active Guard and Reserve duty: authority of chief executive", "id": "H235B5904732E42B6B504875B2B04C1CF", "header": "Active Guard and Reserve duty: authority of chief executive", "nested": [], "links": [] }, { "text": "5. Conforming amendment to the District of Columbia Home Rule Act \nSection 602(b) of the District of Columbia Home Rule Act (sec. 1–206.02(b), D.C. Official Code) is amended by striking the National Guard of the District of Columbia,.", "id": "H25A338F6131D4D6D94AE19896D929DC3", "header": "Conforming amendment to the District of Columbia Home Rule Act", "nested": [], "links": [] } ]

[ "District of Columbia", "Intergovernmental relations", "Military command and structure", "National Guard and reserves", "Presidents and presidential powers, Vice Presidents", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Sunlight for Unaccountable Non-profits (SUN) Act.", "id": "id272287346F614B16BAC117FF6E13E358", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Return information of certain tax-exempt organizations available in a searchable format \n(a) In general \nSection 6104(b) of the Internal Revenue Code of 1986 is amended by striking made available to the public at such time and in such places as the Secretary may prescribe. and inserting made available to the public at no charge and in an open, structured data format that is processable by computers with the information easy to find, access, reuse, and download in bulk.. (b) Effective date \nThe amendment made by this section shall apply to returns required to be filed after the date of the enactment of this Act.", "id": "S1", "header": "Return information of certain tax-exempt organizations available in a searchable format", "nested": [ { "text": "(a) In general \nSection 6104(b) of the Internal Revenue Code of 1986 is amended by striking made available to the public at such time and in such places as the Secretary may prescribe. and inserting made available to the public at no charge and in an open, structured data format that is processable by computers with the information easy to find, access, reuse, and download in bulk..", "id": "idD101A87A5A6E40348B31514A09640BF1", "header": "In general", "nested": [], "links": [ { "text": "Section 6104(b)", "legal-doc": "usc", "parsable-cite": "usc/26/6104" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to returns required to be filed after the date of the enactment of this Act.", "id": "id5E8864E72D76452FBBD5817C28444B24", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 6104(b)", "legal-doc": "usc", "parsable-cite": "usc/26/6104" } ] }, { "text": "3. Authority to disclose contributors to certain tax-exempt organizations \n(a) In general \nSection 6104(b) of the Internal Revenue Code of 1986 is amended by striking Nothing in this subsection shall authorize the Secretary to disclose the name and address of any contributor to any organization and inserting In the case of any applicable organization or trust, such information shall include the name and address of any qualified contributor to such organization which is required to be included on the return and the total contributions of such qualified contributor, but nothing in this subsection shall authorize the Secretary to disclose the name or address of any other contributor to such organization or any contributor to any other organization. (b) Definitions \nSection 6104(b) of such Code is amended— (1) by striking The information and inserting the following: (1) In general \nThe information , and (2) by adding at the end the following new paragraph: (2) Definitions \nFor purposes of paragraph (1)— (A) Applicable organization or trust \nThe term applicable organization or trust means any organization or trust which— (i) indicates on an application (or amendment to an application) for recognition of exemption from tax under section 501(a) that such organization has or plans to spend money attempting to influence the selection, nomination, election, or appointment of any person to a public office, (ii) asserts on a return that such organization participated in, or intervened in (including through the publishing or distributing of statements), a political campaign on behalf of, or in opposition to, any candidate for public office, (iii) has filed, or was required to file, a statement or report under subsection (c) or (g) of section 304 of the Federal Election Campaign Act of 1974 with respect to independent expenditures made during the taxable year, or (iv) has filed, or was required to file, a statement under section 304(f) of such Act with respect to disbursements for electioneering communications made during the taxable year. (B) Qualified contributor \nThe term qualified contributor means, with respect to any applicable organization or trust, any person who made aggregate contributions (in money or other property) to such applicable organization or trust during the taxable year in an amount valued at $5,000 or more.. (c) Conforming amendment \nSection 6104(d)(3)(A) of such Code is amended by striking the first sentence and inserting the following: In the case of any applicable organization or trust (as defined in subsection (b)(2)(A)), any copies of annual returns provided under paragraph (1) shall include information relating to the name and address of any qualified contributor (as defined in subsection (b)(2)(B)) to such organization and the total contributions of such qualified contributor, but nothing in such paragraph shall require the disclosure of the name or address of any other contributor to such organization or any contributor to any other organization (other than a private foundation (within the meaning of section 509(a)) or political organization exempt from taxation under section 527).. (d) Effective date \nThe amendments made by this section shall apply to returns required to be filed after the date of the enactment of this Act.", "id": "idDA5DA29B347C47B8BC4EF64D9CF70CE5", "header": "Authority to disclose contributors to certain tax-exempt organizations", "nested": [ { "text": "(a) In general \nSection 6104(b) of the Internal Revenue Code of 1986 is amended by striking Nothing in this subsection shall authorize the Secretary to disclose the name and address of any contributor to any organization and inserting In the case of any applicable organization or trust, such information shall include the name and address of any qualified contributor to such organization which is required to be included on the return and the total contributions of such qualified contributor, but nothing in this subsection shall authorize the Secretary to disclose the name or address of any other contributor to such organization or any contributor to any other organization.", "id": "idD5EA804E090F4CC1BC1170840CB449BA", "header": "In general", "nested": [], "links": [ { "text": "Section 6104(b)", "legal-doc": "usc", "parsable-cite": "usc/26/6104" } ] }, { "text": "(b) Definitions \nSection 6104(b) of such Code is amended— (1) by striking The information and inserting the following: (1) In general \nThe information , and (2) by adding at the end the following new paragraph: (2) Definitions \nFor purposes of paragraph (1)— (A) Applicable organization or trust \nThe term applicable organization or trust means any organization or trust which— (i) indicates on an application (or amendment to an application) for recognition of exemption from tax under section 501(a) that such organization has or plans to spend money attempting to influence the selection, nomination, election, or appointment of any person to a public office, (ii) asserts on a return that such organization participated in, or intervened in (including through the publishing or distributing of statements), a political campaign on behalf of, or in opposition to, any candidate for public office, (iii) has filed, or was required to file, a statement or report under subsection (c) or (g) of section 304 of the Federal Election Campaign Act of 1974 with respect to independent expenditures made during the taxable year, or (iv) has filed, or was required to file, a statement under section 304(f) of such Act with respect to disbursements for electioneering communications made during the taxable year. (B) Qualified contributor \nThe term qualified contributor means, with respect to any applicable organization or trust, any person who made aggregate contributions (in money or other property) to such applicable organization or trust during the taxable year in an amount valued at $5,000 or more..", "id": "idA2E41A358F8F49399449189B7AE230C0", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Conforming amendment \nSection 6104(d)(3)(A) of such Code is amended by striking the first sentence and inserting the following: In the case of any applicable organization or trust (as defined in subsection (b)(2)(A)), any copies of annual returns provided under paragraph (1) shall include information relating to the name and address of any qualified contributor (as defined in subsection (b)(2)(B)) to such organization and the total contributions of such qualified contributor, but nothing in such paragraph shall require the disclosure of the name or address of any other contributor to such organization or any contributor to any other organization (other than a private foundation (within the meaning of section 509(a)) or political organization exempt from taxation under section 527)..", "id": "idC28DD10DFD5A4D2081B3F143E75786A3", "header": "Conforming amendment", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to returns required to be filed after the date of the enactment of this Act.", "id": "idCC17CCEBB8DB46AAA0DFA416C5C3CC79", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 6104(b)", "legal-doc": "usc", "parsable-cite": "usc/26/6104" } ] } ]

[ "Elections, voting, political campaign regulation", "Government information and archives", "Tax administration and collection, taxpayers", "Tax-exempt organizations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Medical Student Education Authorization Act of 2023.", "id": "HAB31554D59B8485FB42A3DC3032BC628", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Education program to support primary health care for medically underserved communities \nPart B of title VII of the Public Health Service Act ( 42 U.S.C. 293 et seq. ) is amended by adding at the end the following: 742. Education program to support primary health care for medically underserved communities \n(a) Establishment \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a grant program to award grants to accredited public institutions of higher education to carry out the activities described in subsection (d) for the purposes of— (1) expanding and supporting education for medical students who are preparing to become physicians; and (2) preparing and encouraging each such student trained by a grantee to serve in a Tribal, rural, or medically underserved community as a primary care physician after completing residency training. (b) Eligibility \nIn order to be eligible to receive a grant under this section, an accredited public institution of higher education shall— (1) be located in a State that is in the top quintile of States by a projected shortage of primary care physicians, as determined by the Secretary; and (2) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, that includes— (A) a certification that such institution will use amounts provided to the institution through the grant to carry out the activities described in subsection (d); and (B) a description of how such institution will carry out such activities. (c) Priority \nIn awarding grants under this section, the Secretary shall give priority to accredited public institutions of higher education that meet the eligibility requirements of subsection (b) and— (1) are located in a State with not fewer than 2 Indian Tribes or Tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act); and (2) have established, or demonstrate plans to establish, a public-private partnership that supports the purposes described in subsection (a). (d) Use of funds \nAn eligible entity that receives a grant under this section shall, as appropriate, use the funds made available under such grant to carry out the following activities: (1) Support or expand community-based and experiential training for medical students who will practice in or serve Tribal, rural, and medically underserved communities. (2) Develop and operate programs to train medical students in the provision of primary care services, which may include developing training programs and activities that— (A) emphasize care for Tribal, rural, or medically underserved communities; (B) are applicable to primary care practice with respect to individuals from Tribal, rural, or medically underserved communities; (C) support the use of telehealth technologies and practices; (D) integrate mental health and substance use disorder care into primary care practice, including prevention and treatment of opioid use disorders and other substance use disorders; and (E) promote interdisciplinary training. (3) Increase the capacity of faculty to develop and operate programs described in paragraph (2). (4) Develop or expand strategic partnerships, such as public-private partnerships, to improve health outcomes for individuals from Tribal, rural, and medically underserved communities, which partnerships may include— (A) federally recognized Tribes, Tribal Colleges or Universities (as such term is defined in section 316 of the Higher Education Act of 1965), and Tribal organizations (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act); (B) Federally-qualified health centers; (C) rural health clinics; (D) health facilities or programs operated by or in accordance with a contract or grant with the Indian Health Service; and (E) primary care clinics. (5) Develop a plan, as appropriate, for followup with graduates, including with respect to specialties, as applicable. (6) Develop, implement, and evaluate methods to improve recruitment and retention of medical students from Tribal, rural, and medically underserved communities. (7) Train and support instructors to serve Tribal, rural, and medically underserved communities. (8) Prepare medical students for transition into primary care residency training and future practice. (9) Provide scholarships to medical students. (e) Grant period \nA grant under this section shall be awarded for a period of not more than 5 years. (f) Grant amount \nEach fiscal year, the amount of a grant made to an eligible entity under this section shall be not less than $1,000,000. (g) Matching requirement \nThe Secretary shall, as appropriate, require that an eligible entity receiving a grant under this section provide non-Federal matching funds, which may be in cash or in kind, in an amount equal to or greater than 10 percent of the total amount of Federal funds provided through the grant each fiscal year. (h) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2023 through 2025..", "id": "HD4E0F8F17A2D4BA8BD24002373B7974A", "header": "Education program to support primary health care for medically underserved communities", "nested": [], "links": [ { "text": "42 U.S.C. 293 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/293" } ] }, { "text": "742. Education program to support primary health care for medically underserved communities \n(a) Establishment \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a grant program to award grants to accredited public institutions of higher education to carry out the activities described in subsection (d) for the purposes of— (1) expanding and supporting education for medical students who are preparing to become physicians; and (2) preparing and encouraging each such student trained by a grantee to serve in a Tribal, rural, or medically underserved community as a primary care physician after completing residency training. (b) Eligibility \nIn order to be eligible to receive a grant under this section, an accredited public institution of higher education shall— (1) be located in a State that is in the top quintile of States by a projected shortage of primary care physicians, as determined by the Secretary; and (2) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, that includes— (A) a certification that such institution will use amounts provided to the institution through the grant to carry out the activities described in subsection (d); and (B) a description of how such institution will carry out such activities. (c) Priority \nIn awarding grants under this section, the Secretary shall give priority to accredited public institutions of higher education that meet the eligibility requirements of subsection (b) and— (1) are located in a State with not fewer than 2 Indian Tribes or Tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act); and (2) have established, or demonstrate plans to establish, a public-private partnership that supports the purposes described in subsection (a). (d) Use of funds \nAn eligible entity that receives a grant under this section shall, as appropriate, use the funds made available under such grant to carry out the following activities: (1) Support or expand community-based and experiential training for medical students who will practice in or serve Tribal, rural, and medically underserved communities. (2) Develop and operate programs to train medical students in the provision of primary care services, which may include developing training programs and activities that— (A) emphasize care for Tribal, rural, or medically underserved communities; (B) are applicable to primary care practice with respect to individuals from Tribal, rural, or medically underserved communities; (C) support the use of telehealth technologies and practices; (D) integrate mental health and substance use disorder care into primary care practice, including prevention and treatment of opioid use disorders and other substance use disorders; and (E) promote interdisciplinary training. (3) Increase the capacity of faculty to develop and operate programs described in paragraph (2). (4) Develop or expand strategic partnerships, such as public-private partnerships, to improve health outcomes for individuals from Tribal, rural, and medically underserved communities, which partnerships may include— (A) federally recognized Tribes, Tribal Colleges or Universities (as such term is defined in section 316 of the Higher Education Act of 1965), and Tribal organizations (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act); (B) Federally-qualified health centers; (C) rural health clinics; (D) health facilities or programs operated by or in accordance with a contract or grant with the Indian Health Service; and (E) primary care clinics. (5) Develop a plan, as appropriate, for followup with graduates, including with respect to specialties, as applicable. (6) Develop, implement, and evaluate methods to improve recruitment and retention of medical students from Tribal, rural, and medically underserved communities. (7) Train and support instructors to serve Tribal, rural, and medically underserved communities. (8) Prepare medical students for transition into primary care residency training and future practice. (9) Provide scholarships to medical students. (e) Grant period \nA grant under this section shall be awarded for a period of not more than 5 years. (f) Grant amount \nEach fiscal year, the amount of a grant made to an eligible entity under this section shall be not less than $1,000,000. (g) Matching requirement \nThe Secretary shall, as appropriate, require that an eligible entity receiving a grant under this section provide non-Federal matching funds, which may be in cash or in kind, in an amount equal to or greater than 10 percent of the total amount of Federal funds provided through the grant each fiscal year. (h) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2023 through 2025.", "id": "H301EC44477384780BAD145F0A6E21A38", "header": "Education program to support primary health care for medically underserved communities", "nested": [ { "text": "(a) Establishment \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a grant program to award grants to accredited public institutions of higher education to carry out the activities described in subsection (d) for the purposes of— (1) expanding and supporting education for medical students who are preparing to become physicians; and (2) preparing and encouraging each such student trained by a grantee to serve in a Tribal, rural, or medically underserved community as a primary care physician after completing residency training.", "id": "HD164754A736A4D81851F47BD04815A42", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Eligibility \nIn order to be eligible to receive a grant under this section, an accredited public institution of higher education shall— (1) be located in a State that is in the top quintile of States by a projected shortage of primary care physicians, as determined by the Secretary; and (2) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, that includes— (A) a certification that such institution will use amounts provided to the institution through the grant to carry out the activities described in subsection (d); and (B) a description of how such institution will carry out such activities.", "id": "H318103A498204DD8A0F12CE3368C22DE", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Priority \nIn awarding grants under this section, the Secretary shall give priority to accredited public institutions of higher education that meet the eligibility requirements of subsection (b) and— (1) are located in a State with not fewer than 2 Indian Tribes or Tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act); and (2) have established, or demonstrate plans to establish, a public-private partnership that supports the purposes described in subsection (a).", "id": "H2177084120894C5693580F89F79C74B8", "header": "Priority", "nested": [], "links": [] }, { "text": "(d) Use of funds \nAn eligible entity that receives a grant under this section shall, as appropriate, use the funds made available under such grant to carry out the following activities: (1) Support or expand community-based and experiential training for medical students who will practice in or serve Tribal, rural, and medically underserved communities. (2) Develop and operate programs to train medical students in the provision of primary care services, which may include developing training programs and activities that— (A) emphasize care for Tribal, rural, or medically underserved communities; (B) are applicable to primary care practice with respect to individuals from Tribal, rural, or medically underserved communities; (C) support the use of telehealth technologies and practices; (D) integrate mental health and substance use disorder care into primary care practice, including prevention and treatment of opioid use disorders and other substance use disorders; and (E) promote interdisciplinary training. (3) Increase the capacity of faculty to develop and operate programs described in paragraph (2). (4) Develop or expand strategic partnerships, such as public-private partnerships, to improve health outcomes for individuals from Tribal, rural, and medically underserved communities, which partnerships may include— (A) federally recognized Tribes, Tribal Colleges or Universities (as such term is defined in section 316 of the Higher Education Act of 1965), and Tribal organizations (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act); (B) Federally-qualified health centers; (C) rural health clinics; (D) health facilities or programs operated by or in accordance with a contract or grant with the Indian Health Service; and (E) primary care clinics. (5) Develop a plan, as appropriate, for followup with graduates, including with respect to specialties, as applicable. (6) Develop, implement, and evaluate methods to improve recruitment and retention of medical students from Tribal, rural, and medically underserved communities. (7) Train and support instructors to serve Tribal, rural, and medically underserved communities. (8) Prepare medical students for transition into primary care residency training and future practice. (9) Provide scholarships to medical students.", "id": "H0B85FBEBDBB543F7BC984ECF8F114E27", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(e) Grant period \nA grant under this section shall be awarded for a period of not more than 5 years.", "id": "H4CF9BD0C0F934121BE3F66AC760AD4E1", "header": "Grant period", "nested": [], "links": [] }, { "text": "(f) Grant amount \nEach fiscal year, the amount of a grant made to an eligible entity under this section shall be not less than $1,000,000.", "id": "H99349BDF435E4B8B930B4ED5CF5E7250", "header": "Grant amount", "nested": [], "links": [] }, { "text": "(g) Matching requirement \nThe Secretary shall, as appropriate, require that an eligible entity receiving a grant under this section provide non-Federal matching funds, which may be in cash or in kind, in an amount equal to or greater than 10 percent of the total amount of Federal funds provided through the grant each fiscal year.", "id": "H25EC0404D4A444AF966A79B9063F61D5", "header": "Matching requirement", "nested": [], "links": [] }, { "text": "(h) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2023 through 2025.", "id": "H5C56F45FD9E54A3D9E0A048E63DC9383", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Drug, alcohol, tobacco use", "Education programs funding", "Health care coverage and access", "Health personnel", "Health promotion and preventive care", "Health technology, devices, supplies", "Higher education", "Indian social and development programs", "Medical education", "Mental health", "Public-private cooperation", "Rural conditions and development", "Student aid and college costs" ]

[ { "text": "1. Short title \nThis Act may be cited as the Education Savings Accounts for Military Families Act of 2023.", "id": "HD6B16E5F0EB944EDAEC71C8EFBCB7734", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Military education savings accounts \n(a) In general \nTitle VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7701 et seq. ) is amended by inserting after section 7012 the following: 7012A. Military education savings accounts \n(a) In general \nThe Secretary of Education, in consultation with the Secretary of Defense, shall carry out a program under which the Secretary of Education shall— (1) at the request of a parent of an eligible military dependent child, establish an account on behalf of such child (to be known as a Military Education Savings Account ) into which the Secretary shall deposit funds in an amount determined under subsection (d); and (2) establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section. (b) Application \n(1) In general \nTo be eligible to participate in the program under this section for a school year, a parent of an eligible military dependent child shall submit an application to the Secretary in accordance with this subsection. (2) Application process \nIn carrying out paragraph (1), the Secretary shall— (A) accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner; and (B) create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats, including on a publicly accessible website. (3) Approval \nSubject to the availability of funds to carry out this section, the Secretary shall approve the application of a parent to establish a Military Education Savings Account if— (A) the application is submitted in accordance with the application process established by the Secretary pursuant to this subsection; (B) the application demonstrates that the child on whose behalf the Military Education Savings Account is to be established is an eligible military dependent child; and (C) the parent who submits the application enters into a written agreement with the Secretary under which the parent agrees— (i) to provide the child with instruction in, at minimum, the fields of reading, language, mathematics, science, and social studies; (ii) to not enroll the child in a public elementary school or a public secondary school, on a full-time basis while participating in the program; (iii) to use funds in the Military Education Savings Account only for the purposes authorized under this section; and (iv) to comply with all other requirements of this section. (4) Renewals \nThe Secretary shall establish a process for the automatic renewal of a previously established Military Education Savings Account except in cases in which— (A) the parents of the child on whose behalf the account was established choose not to renew the account; or (B) the account was used to commit fraud or was otherwise not used in accordance with the requirements of this section. (c) Priority in the event of insufficient funds \n(1) In general \nIf the funds appropriated to carry out this section are insufficient to enable the Secretary to establish and fully fund a Military Education Savings Account for each eligible military dependent child whose parent has an application approved under subsection (b) for a school year, the Secretary shall— (A) first renew and fully fund previously established Military Education Savings Accounts; and (B) if funds remain available after renewing all accounts under subparagraph (A), conduct the lottery described in paragraph (3) to select the children on whose behalf accounts will be established using the remaining funds. (2) Transfer authority \nNotwithstanding any other provision of law, the Secretary may transfer amounts from any account of the Department of Education to renew and fully fund previously established Military Education Savings Accounts under paragraph (1)(A). The authority to transfer amounts under the preceding sentence shall not be subject to any transfer or reprogramming requirements under any other provision of law. (3) Lottery \nThe lottery described in this paragraph is a lottery in which— (A) siblings of children on whose behalf Military Education Savings Accounts have previously been established have the highest probability of selection; (B) children of enlisted members have the next-highest probability of selection after the children described in subparagraph (A); (C) children of warrant officers have the next-highest probability of selection after the children described in subparagraph (B); and (D) children of commissioned officers have the lowest probability of selection. (d) Amount of deposits \n(1) First year of program \nThe amount of funds deposited into each Military Education Savings Account for the first school year for which such accounts are established under this section shall be $6,000 for each eligible military dependent child covered by the account. (2) Subsequent years \nThe amount of funds deposited into each Military Education Savings Account for any school year after the year described in paragraph (1), shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous school year. (e) Use of funds \nFunds deposited into a Military Education Savings Account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider that is approved by the Secretary under subsection (f)(1) for— (1) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; (2) private online learning programs; (3) private tutoring; (4) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; (5) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K–12 education; (6) computer hardware or other technological devices that are used to help meet a child’s educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; (7) educational software and applications; (8) uniforms purchased from or through a private school recognized by the State; (9) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; (10) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); (11) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; (12) fees for transportation paid to a fee-for-service transportation provider for the child to travel to and from the facilities of a qualified educational service provider; (13) costs of attendance at an institution of higher education; (14) costs associated with an apprenticeship or other vocational training program; (15) fees for state-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; (16) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or (17) any other educational expenses approved by the Secretary. (f) Requirements for qualified educational service providers \n(1) Registration and approval \nThe Secretary shall establish and maintain a registry of qualified educational service providers that are approved to receive payments from a Military Education Savings Account. The Secretary shall approve a qualified educational service provider to receive such payments if the provider demonstrates to the Secretary that it is licensed in the State in which it operates to provide one or more of the services for which funds may be expended under subsection (e). (2) Participation in online marketplace \nAs a condition of receiving funds from a Military Education Savings Account, a qualified educational service provider shall make its services available for purchase through the online marketplace described in subsection (g). (3) Surety bond \n(A) In general \nThe Secretary shall require each qualified educational service provider that receives $100,000 or more in funds from Military Education Savings Accounts in a school year to post a surety bond, in an amount determined by the Secretary, for such school year. (B) Retention \nThe Secretary shall prescribe the circumstances under which a surety bond under subparagraph (A) may be retained by the Secretary. (g) Online marketplace \n(1) In general \nThe Secretary shall seek to enter into a contract with a private-sector entity under which the entity shall— (A) establish and operate an online marketplace that enables the holder of a Military Education Savings Account to make direct purchases from qualified educational service providers using funds from such account; (B) ensure that each qualified educational service provider on the registry maintained by the Secretary under subsection (f)(1) has made its services available for purchase through the online marketplace; (C) ensure that all purchases made through the online marketplace are for services that are allowable uses of funds under subsection (e); and (D) develop and make available a standardized expense report form, in electronic and hard copy formats, to be used by parents for reporting expenses in accordance with subsection (h)(3). (2) Rule of construction \nNothing in this subsection shall be construed to require the holder of a Military Education Savings Account to make purchases using the online marketplace described in paragraph (1). (h) Transfer schedule \n(1) In general \nSubject to paragraph (2), the Secretary shall make quarterly transfers of the amount calculated pursuant to subsection (d) for deposit into the account of each eligible military dependent child, except that the Secretary may make transfers according to another transfer schedule if the Secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the education savings account. (2) Choice of schedule \nThe Secretary shall establish a process under which the parent of a child on whose behalf a Military Education Savings Account is established may choose a transfer schedule other than a transfer schedule determined under paragraph (1). (3) Expense reports \n(A) Submission required \nBefore receiving a transfer under paragraph (1) or (2), the parent of an eligible military dependent child on whose behalf a Military Education Savings Account is established shall submit to the Secretary an expense report demonstrating how funds from the most recent transfer were expended. (B) Format \nEach such expense report shall be submitted using the standardized expense report form developed under subsection (g)(1)(D). (i) Rollover \nAmounts remaining in the Military Education Savings Account of an eligible military dependent child at the end of a school year shall remain available for use in accordance with subsection (e) until the date on which such account terminates under subsection (j). (j) Termination and Return of funds \n(1) Termination \nThe Military Education Savings Account of an eligible military dependent child shall terminate on— (A) the date on which the child enrolls in a public elementary school or secondary school on a full-time basis; (B) in the case of a child who is pursuing postsecondary education, the earlier of— (i) the date on which the child completes postsecondary education; or (ii) the date on which the child attains the age of 22 years; (C) in the case of a child who is an individual with a disability, the date on which the child attains the age of 26 years; or (D) in the case of an individual not described in subparagraph (B) or (C), the earlier of— (i) the date on which the child attains the age of 22 years; or (ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. (2) Return of funds \nAny funds remaining in a Military Education Savings Account on the date such account terminates under paragraph (1) shall be returned to the Treasury of the United States and shall be used to carry out the program under this section. (k) Compulsory attendance requirements \nA State that receives funds under this title shall consider a child with a Military Education Savings Account for a school year as meeting the State’s compulsory school attendance requirements for such school year. (l) Special rule \nIn the case of a child with a Military Education Savings Account who attends a public school on a less than full-time basis in a school year— (1) the child may not attend the public school free of charge; and (2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child’s costs of attendance at such school. (m) Tax treatment of accounts \n(1) In general \nA Military Education Savings Account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. (2) Contributions and distributions \nFor purposes of subtitle A of the Internal Revenue Code of 1986— (A) any contribution to a military education savings account by the Secretary under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual; and (B) any distribution from a military education savings account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual. (n) Fraud prevention and reporting \nThe Secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section. The Secretary also shall conduct or contract for random, quarterly, or annual audits of accounts as needed to ensure compliance with this section. (o) Contract authority \nThe Secretary may enter into one or more contracts for the purpose of carrying out the responsibilities of the Secretary under this section. (p) Refunds \nThe Secretary shall establish a process under which payments from a Military Education Savings Accounts to a qualified educational service provider shall be refunded to the account in the event of fraud or nonperformance by the provider. (q) Rules of construction \n(1) Nonagency \nA qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. (2) Prohibition of Federal or State supervision or control over nonpublic education providers \n(A) In general \nNothing in this section shall be construed to permit, allow, encourage, or authorize any Federal or State control or supervision over any aspect of any qualified educational service provider, including a private, religious, or home education provider (without regard to whether a home education provider is treated as a private school or home school under State law). This section shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act. (B) No religion-based discrimination \nThe Secretary shall not exclude, discriminate against, or otherwise disadvantage any qualified educational service provider with respect to programs or services under this section based in whole or in part on the provider’s religious education character or affiliation, including religiously based or mission-based policies or practices. (3) Imposition of additional requirements \nNo Federal requirements shall apply to a qualified educational service provider other than the requirements specifically set forth in this section. Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. (4) Treatment of assistance \nFor purposes of any Federal law, assistance provided under this section shall be considered assistance to the eligible military dependent child or to the parents of a child on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account. (r) Legal proceedings \n(1) Burden \nIn any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider. (2) Limitation on liability \n(A) In general \nNo liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. (B) Entity described \nThe entities described in this subparagraph are the following: (i) The Department of Education. (ii) An entity that enters into a contract with the Secretary pursuant to subsection (g) or subsection (o). (iii) A qualified educational service provider. (3) Intervention \n(A) In general \nExcept as provided in subparagraph (B), a parent of an eligible military dependent child or a parent of a child on whose behalf a Military Education Savings Account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a State constitution or the United States Constitution. (B) Exception \nFor purposes of judicial administration, a court may— (i) limit the number of parents allowed to intervene in a proceeding under subparagraph (A); or (ii) require all parents who have intervened in a proceeding under subparagraph (A) to file a joint brief, except that no parent shall be required to join any brief filed on behalf of a State that is a defendant in the proceeding. (s) Administrative expenses \nThe Secretary may use not more than 5 percent of the funds made available to carry out this section for the direct costs of administering Military Education Savings Accounts. (t) Definitions \nIn this section: (1) The terms commissioned officer , enlisted member , and warrant officer have the meanings given those terms in section 101(b) of title 10, United States Code. (2) The term eligible military dependent child means a child who— (A) has a parent on active duty in the uniformed services (as that term is defined in section 101 of title 37, United States Code, except that such term does not include an officer in the National Guard who has been activated); and (B) in the case of a child seeking to establish a Military Education Savings account for the first time, was enrolled in a public elementary school or a public secondary school for not less than 100 consecutive days in the preceding school year. (3) The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) The term qualified educational service provider means an entity or person that is licensed by a State to provide one or more of the educational services for which funds may be expended under subsection (e), including— (A) a private school; (B) a non-public online learning program or course provider; (C) an institution of higher education, which may include a community college or a technical college; (D) a public school; (E) a private tutor or entity that operates a tutoring facility; (F) a provider of educational materials or curriculum; (G) a provider of education-related therapies or services; or (H) any other provider of educational services licensed by a State to provide such services.. (b) Table of contents \nThe table of contents in section 2 of the Elementary and Secondary Education Act is amended by inserting after the item relating to section 7012 the following: Sec. 7012A. Military education savings accounts..", "id": "HA59BBD931D5C49128777D204C6882FAD", "header": "Military education savings accounts", "nested": [ { "text": "(a) In general \nTitle VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7701 et seq. ) is amended by inserting after section 7012 the following: 7012A. Military education savings accounts \n(a) In general \nThe Secretary of Education, in consultation with the Secretary of Defense, shall carry out a program under which the Secretary of Education shall— (1) at the request of a parent of an eligible military dependent child, establish an account on behalf of such child (to be known as a Military Education Savings Account ) into which the Secretary shall deposit funds in an amount determined under subsection (d); and (2) establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section. (b) Application \n(1) In general \nTo be eligible to participate in the program under this section for a school year, a parent of an eligible military dependent child shall submit an application to the Secretary in accordance with this subsection. (2) Application process \nIn carrying out paragraph (1), the Secretary shall— (A) accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner; and (B) create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats, including on a publicly accessible website. (3) Approval \nSubject to the availability of funds to carry out this section, the Secretary shall approve the application of a parent to establish a Military Education Savings Account if— (A) the application is submitted in accordance with the application process established by the Secretary pursuant to this subsection; (B) the application demonstrates that the child on whose behalf the Military Education Savings Account is to be established is an eligible military dependent child; and (C) the parent who submits the application enters into a written agreement with the Secretary under which the parent agrees— (i) to provide the child with instruction in, at minimum, the fields of reading, language, mathematics, science, and social studies; (ii) to not enroll the child in a public elementary school or a public secondary school, on a full-time basis while participating in the program; (iii) to use funds in the Military Education Savings Account only for the purposes authorized under this section; and (iv) to comply with all other requirements of this section. (4) Renewals \nThe Secretary shall establish a process for the automatic renewal of a previously established Military Education Savings Account except in cases in which— (A) the parents of the child on whose behalf the account was established choose not to renew the account; or (B) the account was used to commit fraud or was otherwise not used in accordance with the requirements of this section. (c) Priority in the event of insufficient funds \n(1) In general \nIf the funds appropriated to carry out this section are insufficient to enable the Secretary to establish and fully fund a Military Education Savings Account for each eligible military dependent child whose parent has an application approved under subsection (b) for a school year, the Secretary shall— (A) first renew and fully fund previously established Military Education Savings Accounts; and (B) if funds remain available after renewing all accounts under subparagraph (A), conduct the lottery described in paragraph (3) to select the children on whose behalf accounts will be established using the remaining funds. (2) Transfer authority \nNotwithstanding any other provision of law, the Secretary may transfer amounts from any account of the Department of Education to renew and fully fund previously established Military Education Savings Accounts under paragraph (1)(A). The authority to transfer amounts under the preceding sentence shall not be subject to any transfer or reprogramming requirements under any other provision of law. (3) Lottery \nThe lottery described in this paragraph is a lottery in which— (A) siblings of children on whose behalf Military Education Savings Accounts have previously been established have the highest probability of selection; (B) children of enlisted members have the next-highest probability of selection after the children described in subparagraph (A); (C) children of warrant officers have the next-highest probability of selection after the children described in subparagraph (B); and (D) children of commissioned officers have the lowest probability of selection. (d) Amount of deposits \n(1) First year of program \nThe amount of funds deposited into each Military Education Savings Account for the first school year for which such accounts are established under this section shall be $6,000 for each eligible military dependent child covered by the account. (2) Subsequent years \nThe amount of funds deposited into each Military Education Savings Account for any school year after the year described in paragraph (1), shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous school year. (e) Use of funds \nFunds deposited into a Military Education Savings Account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider that is approved by the Secretary under subsection (f)(1) for— (1) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; (2) private online learning programs; (3) private tutoring; (4) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; (5) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K–12 education; (6) computer hardware or other technological devices that are used to help meet a child’s educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; (7) educational software and applications; (8) uniforms purchased from or through a private school recognized by the State; (9) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; (10) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); (11) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; (12) fees for transportation paid to a fee-for-service transportation provider for the child to travel to and from the facilities of a qualified educational service provider; (13) costs of attendance at an institution of higher education; (14) costs associated with an apprenticeship or other vocational training program; (15) fees for state-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; (16) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or (17) any other educational expenses approved by the Secretary. (f) Requirements for qualified educational service providers \n(1) Registration and approval \nThe Secretary shall establish and maintain a registry of qualified educational service providers that are approved to receive payments from a Military Education Savings Account. The Secretary shall approve a qualified educational service provider to receive such payments if the provider demonstrates to the Secretary that it is licensed in the State in which it operates to provide one or more of the services for which funds may be expended under subsection (e). (2) Participation in online marketplace \nAs a condition of receiving funds from a Military Education Savings Account, a qualified educational service provider shall make its services available for purchase through the online marketplace described in subsection (g). (3) Surety bond \n(A) In general \nThe Secretary shall require each qualified educational service provider that receives $100,000 or more in funds from Military Education Savings Accounts in a school year to post a surety bond, in an amount determined by the Secretary, for such school year. (B) Retention \nThe Secretary shall prescribe the circumstances under which a surety bond under subparagraph (A) may be retained by the Secretary. (g) Online marketplace \n(1) In general \nThe Secretary shall seek to enter into a contract with a private-sector entity under which the entity shall— (A) establish and operate an online marketplace that enables the holder of a Military Education Savings Account to make direct purchases from qualified educational service providers using funds from such account; (B) ensure that each qualified educational service provider on the registry maintained by the Secretary under subsection (f)(1) has made its services available for purchase through the online marketplace; (C) ensure that all purchases made through the online marketplace are for services that are allowable uses of funds under subsection (e); and (D) develop and make available a standardized expense report form, in electronic and hard copy formats, to be used by parents for reporting expenses in accordance with subsection (h)(3). (2) Rule of construction \nNothing in this subsection shall be construed to require the holder of a Military Education Savings Account to make purchases using the online marketplace described in paragraph (1). (h) Transfer schedule \n(1) In general \nSubject to paragraph (2), the Secretary shall make quarterly transfers of the amount calculated pursuant to subsection (d) for deposit into the account of each eligible military dependent child, except that the Secretary may make transfers according to another transfer schedule if the Secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the education savings account. (2) Choice of schedule \nThe Secretary shall establish a process under which the parent of a child on whose behalf a Military Education Savings Account is established may choose a transfer schedule other than a transfer schedule determined under paragraph (1). (3) Expense reports \n(A) Submission required \nBefore receiving a transfer under paragraph (1) or (2), the parent of an eligible military dependent child on whose behalf a Military Education Savings Account is established shall submit to the Secretary an expense report demonstrating how funds from the most recent transfer were expended. (B) Format \nEach such expense report shall be submitted using the standardized expense report form developed under subsection (g)(1)(D). (i) Rollover \nAmounts remaining in the Military Education Savings Account of an eligible military dependent child at the end of a school year shall remain available for use in accordance with subsection (e) until the date on which such account terminates under subsection (j). (j) Termination and Return of funds \n(1) Termination \nThe Military Education Savings Account of an eligible military dependent child shall terminate on— (A) the date on which the child enrolls in a public elementary school or secondary school on a full-time basis; (B) in the case of a child who is pursuing postsecondary education, the earlier of— (i) the date on which the child completes postsecondary education; or (ii) the date on which the child attains the age of 22 years; (C) in the case of a child who is an individual with a disability, the date on which the child attains the age of 26 years; or (D) in the case of an individual not described in subparagraph (B) or (C), the earlier of— (i) the date on which the child attains the age of 22 years; or (ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. (2) Return of funds \nAny funds remaining in a Military Education Savings Account on the date such account terminates under paragraph (1) shall be returned to the Treasury of the United States and shall be used to carry out the program under this section. (k) Compulsory attendance requirements \nA State that receives funds under this title shall consider a child with a Military Education Savings Account for a school year as meeting the State’s compulsory school attendance requirements for such school year. (l) Special rule \nIn the case of a child with a Military Education Savings Account who attends a public school on a less than full-time basis in a school year— (1) the child may not attend the public school free of charge; and (2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child’s costs of attendance at such school. (m) Tax treatment of accounts \n(1) In general \nA Military Education Savings Account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. (2) Contributions and distributions \nFor purposes of subtitle A of the Internal Revenue Code of 1986— (A) any contribution to a military education savings account by the Secretary under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual; and (B) any distribution from a military education savings account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual. (n) Fraud prevention and reporting \nThe Secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section. The Secretary also shall conduct or contract for random, quarterly, or annual audits of accounts as needed to ensure compliance with this section. (o) Contract authority \nThe Secretary may enter into one or more contracts for the purpose of carrying out the responsibilities of the Secretary under this section. (p) Refunds \nThe Secretary shall establish a process under which payments from a Military Education Savings Accounts to a qualified educational service provider shall be refunded to the account in the event of fraud or nonperformance by the provider. (q) Rules of construction \n(1) Nonagency \nA qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. (2) Prohibition of Federal or State supervision or control over nonpublic education providers \n(A) In general \nNothing in this section shall be construed to permit, allow, encourage, or authorize any Federal or State control or supervision over any aspect of any qualified educational service provider, including a private, religious, or home education provider (without regard to whether a home education provider is treated as a private school or home school under State law). This section shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act. (B) No religion-based discrimination \nThe Secretary shall not exclude, discriminate against, or otherwise disadvantage any qualified educational service provider with respect to programs or services under this section based in whole or in part on the provider’s religious education character or affiliation, including religiously based or mission-based policies or practices. (3) Imposition of additional requirements \nNo Federal requirements shall apply to a qualified educational service provider other than the requirements specifically set forth in this section. Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. (4) Treatment of assistance \nFor purposes of any Federal law, assistance provided under this section shall be considered assistance to the eligible military dependent child or to the parents of a child on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account. (r) Legal proceedings \n(1) Burden \nIn any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider. (2) Limitation on liability \n(A) In general \nNo liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. (B) Entity described \nThe entities described in this subparagraph are the following: (i) The Department of Education. (ii) An entity that enters into a contract with the Secretary pursuant to subsection (g) or subsection (o). (iii) A qualified educational service provider. (3) Intervention \n(A) In general \nExcept as provided in subparagraph (B), a parent of an eligible military dependent child or a parent of a child on whose behalf a Military Education Savings Account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a State constitution or the United States Constitution. (B) Exception \nFor purposes of judicial administration, a court may— (i) limit the number of parents allowed to intervene in a proceeding under subparagraph (A); or (ii) require all parents who have intervened in a proceeding under subparagraph (A) to file a joint brief, except that no parent shall be required to join any brief filed on behalf of a State that is a defendant in the proceeding. (s) Administrative expenses \nThe Secretary may use not more than 5 percent of the funds made available to carry out this section for the direct costs of administering Military Education Savings Accounts. (t) Definitions \nIn this section: (1) The terms commissioned officer , enlisted member , and warrant officer have the meanings given those terms in section 101(b) of title 10, United States Code. (2) The term eligible military dependent child means a child who— (A) has a parent on active duty in the uniformed services (as that term is defined in section 101 of title 37, United States Code, except that such term does not include an officer in the National Guard who has been activated); and (B) in the case of a child seeking to establish a Military Education Savings account for the first time, was enrolled in a public elementary school or a public secondary school for not less than 100 consecutive days in the preceding school year. (3) The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) The term qualified educational service provider means an entity or person that is licensed by a State to provide one or more of the educational services for which funds may be expended under subsection (e), including— (A) a private school; (B) a non-public online learning program or course provider; (C) an institution of higher education, which may include a community college or a technical college; (D) a public school; (E) a private tutor or entity that operates a tutoring facility; (F) a provider of educational materials or curriculum; (G) a provider of education-related therapies or services; or (H) any other provider of educational services licensed by a State to provide such services..", "id": "idF942BA79BE2D4304AE8840150E70258F", "header": "In general", "nested": [], "links": [ { "text": "20 U.S.C. 7701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7701" }, { "text": "section 529(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "(b) Table of contents \nThe table of contents in section 2 of the Elementary and Secondary Education Act is amended by inserting after the item relating to section 7012 the following: Sec. 7012A. Military education savings accounts..", "id": "id260F8D59ADD64D9F9381A3E24EAE2B12", "header": "Table of contents", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 7701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7701" }, { "text": "section 529(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "7012A. Military education savings accounts \n(a) In general \nThe Secretary of Education, in consultation with the Secretary of Defense, shall carry out a program under which the Secretary of Education shall— (1) at the request of a parent of an eligible military dependent child, establish an account on behalf of such child (to be known as a Military Education Savings Account ) into which the Secretary shall deposit funds in an amount determined under subsection (d); and (2) establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section. (b) Application \n(1) In general \nTo be eligible to participate in the program under this section for a school year, a parent of an eligible military dependent child shall submit an application to the Secretary in accordance with this subsection. (2) Application process \nIn carrying out paragraph (1), the Secretary shall— (A) accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner; and (B) create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats, including on a publicly accessible website. (3) Approval \nSubject to the availability of funds to carry out this section, the Secretary shall approve the application of a parent to establish a Military Education Savings Account if— (A) the application is submitted in accordance with the application process established by the Secretary pursuant to this subsection; (B) the application demonstrates that the child on whose behalf the Military Education Savings Account is to be established is an eligible military dependent child; and (C) the parent who submits the application enters into a written agreement with the Secretary under which the parent agrees— (i) to provide the child with instruction in, at minimum, the fields of reading, language, mathematics, science, and social studies; (ii) to not enroll the child in a public elementary school or a public secondary school, on a full-time basis while participating in the program; (iii) to use funds in the Military Education Savings Account only for the purposes authorized under this section; and (iv) to comply with all other requirements of this section. (4) Renewals \nThe Secretary shall establish a process for the automatic renewal of a previously established Military Education Savings Account except in cases in which— (A) the parents of the child on whose behalf the account was established choose not to renew the account; or (B) the account was used to commit fraud or was otherwise not used in accordance with the requirements of this section. (c) Priority in the event of insufficient funds \n(1) In general \nIf the funds appropriated to carry out this section are insufficient to enable the Secretary to establish and fully fund a Military Education Savings Account for each eligible military dependent child whose parent has an application approved under subsection (b) for a school year, the Secretary shall— (A) first renew and fully fund previously established Military Education Savings Accounts; and (B) if funds remain available after renewing all accounts under subparagraph (A), conduct the lottery described in paragraph (3) to select the children on whose behalf accounts will be established using the remaining funds. (2) Transfer authority \nNotwithstanding any other provision of law, the Secretary may transfer amounts from any account of the Department of Education to renew and fully fund previously established Military Education Savings Accounts under paragraph (1)(A). The authority to transfer amounts under the preceding sentence shall not be subject to any transfer or reprogramming requirements under any other provision of law. (3) Lottery \nThe lottery described in this paragraph is a lottery in which— (A) siblings of children on whose behalf Military Education Savings Accounts have previously been established have the highest probability of selection; (B) children of enlisted members have the next-highest probability of selection after the children described in subparagraph (A); (C) children of warrant officers have the next-highest probability of selection after the children described in subparagraph (B); and (D) children of commissioned officers have the lowest probability of selection. (d) Amount of deposits \n(1) First year of program \nThe amount of funds deposited into each Military Education Savings Account for the first school year for which such accounts are established under this section shall be $6,000 for each eligible military dependent child covered by the account. (2) Subsequent years \nThe amount of funds deposited into each Military Education Savings Account for any school year after the year described in paragraph (1), shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous school year. (e) Use of funds \nFunds deposited into a Military Education Savings Account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider that is approved by the Secretary under subsection (f)(1) for— (1) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; (2) private online learning programs; (3) private tutoring; (4) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; (5) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K–12 education; (6) computer hardware or other technological devices that are used to help meet a child’s educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; (7) educational software and applications; (8) uniforms purchased from or through a private school recognized by the State; (9) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; (10) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); (11) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; (12) fees for transportation paid to a fee-for-service transportation provider for the child to travel to and from the facilities of a qualified educational service provider; (13) costs of attendance at an institution of higher education; (14) costs associated with an apprenticeship or other vocational training program; (15) fees for state-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; (16) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or (17) any other educational expenses approved by the Secretary. (f) Requirements for qualified educational service providers \n(1) Registration and approval \nThe Secretary shall establish and maintain a registry of qualified educational service providers that are approved to receive payments from a Military Education Savings Account. The Secretary shall approve a qualified educational service provider to receive such payments if the provider demonstrates to the Secretary that it is licensed in the State in which it operates to provide one or more of the services for which funds may be expended under subsection (e). (2) Participation in online marketplace \nAs a condition of receiving funds from a Military Education Savings Account, a qualified educational service provider shall make its services available for purchase through the online marketplace described in subsection (g). (3) Surety bond \n(A) In general \nThe Secretary shall require each qualified educational service provider that receives $100,000 or more in funds from Military Education Savings Accounts in a school year to post a surety bond, in an amount determined by the Secretary, for such school year. (B) Retention \nThe Secretary shall prescribe the circumstances under which a surety bond under subparagraph (A) may be retained by the Secretary. (g) Online marketplace \n(1) In general \nThe Secretary shall seek to enter into a contract with a private-sector entity under which the entity shall— (A) establish and operate an online marketplace that enables the holder of a Military Education Savings Account to make direct purchases from qualified educational service providers using funds from such account; (B) ensure that each qualified educational service provider on the registry maintained by the Secretary under subsection (f)(1) has made its services available for purchase through the online marketplace; (C) ensure that all purchases made through the online marketplace are for services that are allowable uses of funds under subsection (e); and (D) develop and make available a standardized expense report form, in electronic and hard copy formats, to be used by parents for reporting expenses in accordance with subsection (h)(3). (2) Rule of construction \nNothing in this subsection shall be construed to require the holder of a Military Education Savings Account to make purchases using the online marketplace described in paragraph (1). (h) Transfer schedule \n(1) In general \nSubject to paragraph (2), the Secretary shall make quarterly transfers of the amount calculated pursuant to subsection (d) for deposit into the account of each eligible military dependent child, except that the Secretary may make transfers according to another transfer schedule if the Secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the education savings account. (2) Choice of schedule \nThe Secretary shall establish a process under which the parent of a child on whose behalf a Military Education Savings Account is established may choose a transfer schedule other than a transfer schedule determined under paragraph (1). (3) Expense reports \n(A) Submission required \nBefore receiving a transfer under paragraph (1) or (2), the parent of an eligible military dependent child on whose behalf a Military Education Savings Account is established shall submit to the Secretary an expense report demonstrating how funds from the most recent transfer were expended. (B) Format \nEach such expense report shall be submitted using the standardized expense report form developed under subsection (g)(1)(D). (i) Rollover \nAmounts remaining in the Military Education Savings Account of an eligible military dependent child at the end of a school year shall remain available for use in accordance with subsection (e) until the date on which such account terminates under subsection (j). (j) Termination and Return of funds \n(1) Termination \nThe Military Education Savings Account of an eligible military dependent child shall terminate on— (A) the date on which the child enrolls in a public elementary school or secondary school on a full-time basis; (B) in the case of a child who is pursuing postsecondary education, the earlier of— (i) the date on which the child completes postsecondary education; or (ii) the date on which the child attains the age of 22 years; (C) in the case of a child who is an individual with a disability, the date on which the child attains the age of 26 years; or (D) in the case of an individual not described in subparagraph (B) or (C), the earlier of— (i) the date on which the child attains the age of 22 years; or (ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. (2) Return of funds \nAny funds remaining in a Military Education Savings Account on the date such account terminates under paragraph (1) shall be returned to the Treasury of the United States and shall be used to carry out the program under this section. (k) Compulsory attendance requirements \nA State that receives funds under this title shall consider a child with a Military Education Savings Account for a school year as meeting the State’s compulsory school attendance requirements for such school year. (l) Special rule \nIn the case of a child with a Military Education Savings Account who attends a public school on a less than full-time basis in a school year— (1) the child may not attend the public school free of charge; and (2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child’s costs of attendance at such school. (m) Tax treatment of accounts \n(1) In general \nA Military Education Savings Account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. (2) Contributions and distributions \nFor purposes of subtitle A of the Internal Revenue Code of 1986— (A) any contribution to a military education savings account by the Secretary under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual; and (B) any distribution from a military education savings account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual. (n) Fraud prevention and reporting \nThe Secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section. The Secretary also shall conduct or contract for random, quarterly, or annual audits of accounts as needed to ensure compliance with this section. (o) Contract authority \nThe Secretary may enter into one or more contracts for the purpose of carrying out the responsibilities of the Secretary under this section. (p) Refunds \nThe Secretary shall establish a process under which payments from a Military Education Savings Accounts to a qualified educational service provider shall be refunded to the account in the event of fraud or nonperformance by the provider. (q) Rules of construction \n(1) Nonagency \nA qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. (2) Prohibition of Federal or State supervision or control over nonpublic education providers \n(A) In general \nNothing in this section shall be construed to permit, allow, encourage, or authorize any Federal or State control or supervision over any aspect of any qualified educational service provider, including a private, religious, or home education provider (without regard to whether a home education provider is treated as a private school or home school under State law). This section shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act. (B) No religion-based discrimination \nThe Secretary shall not exclude, discriminate against, or otherwise disadvantage any qualified educational service provider with respect to programs or services under this section based in whole or in part on the provider’s religious education character or affiliation, including religiously based or mission-based policies or practices. (3) Imposition of additional requirements \nNo Federal requirements shall apply to a qualified educational service provider other than the requirements specifically set forth in this section. Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. (4) Treatment of assistance \nFor purposes of any Federal law, assistance provided under this section shall be considered assistance to the eligible military dependent child or to the parents of a child on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account. (r) Legal proceedings \n(1) Burden \nIn any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider. (2) Limitation on liability \n(A) In general \nNo liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. (B) Entity described \nThe entities described in this subparagraph are the following: (i) The Department of Education. (ii) An entity that enters into a contract with the Secretary pursuant to subsection (g) or subsection (o). (iii) A qualified educational service provider. (3) Intervention \n(A) In general \nExcept as provided in subparagraph (B), a parent of an eligible military dependent child or a parent of a child on whose behalf a Military Education Savings Account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a State constitution or the United States Constitution. (B) Exception \nFor purposes of judicial administration, a court may— (i) limit the number of parents allowed to intervene in a proceeding under subparagraph (A); or (ii) require all parents who have intervened in a proceeding under subparagraph (A) to file a joint brief, except that no parent shall be required to join any brief filed on behalf of a State that is a defendant in the proceeding. (s) Administrative expenses \nThe Secretary may use not more than 5 percent of the funds made available to carry out this section for the direct costs of administering Military Education Savings Accounts. (t) Definitions \nIn this section: (1) The terms commissioned officer , enlisted member , and warrant officer have the meanings given those terms in section 101(b) of title 10, United States Code. (2) The term eligible military dependent child means a child who— (A) has a parent on active duty in the uniformed services (as that term is defined in section 101 of title 37, United States Code, except that such term does not include an officer in the National Guard who has been activated); and (B) in the case of a child seeking to establish a Military Education Savings account for the first time, was enrolled in a public elementary school or a public secondary school for not less than 100 consecutive days in the preceding school year. (3) The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) The term qualified educational service provider means an entity or person that is licensed by a State to provide one or more of the educational services for which funds may be expended under subsection (e), including— (A) a private school; (B) a non-public online learning program or course provider; (C) an institution of higher education, which may include a community college or a technical college; (D) a public school; (E) a private tutor or entity that operates a tutoring facility; (F) a provider of educational materials or curriculum; (G) a provider of education-related therapies or services; or (H) any other provider of educational services licensed by a State to provide such services.", "id": "H9298089E22D04DB6838A092E5329FE73", "header": "Military education savings accounts", "nested": [ { "text": "(a) In general \nThe Secretary of Education, in consultation with the Secretary of Defense, shall carry out a program under which the Secretary of Education shall— (1) at the request of a parent of an eligible military dependent child, establish an account on behalf of such child (to be known as a Military Education Savings Account ) into which the Secretary shall deposit funds in an amount determined under subsection (d); and (2) establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section.", "id": "HEBA2742F60DD4337B3E1FD4761F5B77B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application \n(1) In general \nTo be eligible to participate in the program under this section for a school year, a parent of an eligible military dependent child shall submit an application to the Secretary in accordance with this subsection. (2) Application process \nIn carrying out paragraph (1), the Secretary shall— (A) accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner; and (B) create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats, including on a publicly accessible website. (3) Approval \nSubject to the availability of funds to carry out this section, the Secretary shall approve the application of a parent to establish a Military Education Savings Account if— (A) the application is submitted in accordance with the application process established by the Secretary pursuant to this subsection; (B) the application demonstrates that the child on whose behalf the Military Education Savings Account is to be established is an eligible military dependent child; and (C) the parent who submits the application enters into a written agreement with the Secretary under which the parent agrees— (i) to provide the child with instruction in, at minimum, the fields of reading, language, mathematics, science, and social studies; (ii) to not enroll the child in a public elementary school or a public secondary school, on a full-time basis while participating in the program; (iii) to use funds in the Military Education Savings Account only for the purposes authorized under this section; and (iv) to comply with all other requirements of this section. (4) Renewals \nThe Secretary shall establish a process for the automatic renewal of a previously established Military Education Savings Account except in cases in which— (A) the parents of the child on whose behalf the account was established choose not to renew the account; or (B) the account was used to commit fraud or was otherwise not used in accordance with the requirements of this section.", "id": "H71D963DE5CB04827B8999E191CADAE0C", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Priority in the event of insufficient funds \n(1) In general \nIf the funds appropriated to carry out this section are insufficient to enable the Secretary to establish and fully fund a Military Education Savings Account for each eligible military dependent child whose parent has an application approved under subsection (b) for a school year, the Secretary shall— (A) first renew and fully fund previously established Military Education Savings Accounts; and (B) if funds remain available after renewing all accounts under subparagraph (A), conduct the lottery described in paragraph (3) to select the children on whose behalf accounts will be established using the remaining funds. (2) Transfer authority \nNotwithstanding any other provision of law, the Secretary may transfer amounts from any account of the Department of Education to renew and fully fund previously established Military Education Savings Accounts under paragraph (1)(A). The authority to transfer amounts under the preceding sentence shall not be subject to any transfer or reprogramming requirements under any other provision of law. (3) Lottery \nThe lottery described in this paragraph is a lottery in which— (A) siblings of children on whose behalf Military Education Savings Accounts have previously been established have the highest probability of selection; (B) children of enlisted members have the next-highest probability of selection after the children described in subparagraph (A); (C) children of warrant officers have the next-highest probability of selection after the children described in subparagraph (B); and (D) children of commissioned officers have the lowest probability of selection.", "id": "HA52D88ABE93C4242AA671E5E0CEC0755", "header": "Priority in the event of insufficient funds", "nested": [], "links": [] }, { "text": "(d) Amount of deposits \n(1) First year of program \nThe amount of funds deposited into each Military Education Savings Account for the first school year for which such accounts are established under this section shall be $6,000 for each eligible military dependent child covered by the account. (2) Subsequent years \nThe amount of funds deposited into each Military Education Savings Account for any school year after the year described in paragraph (1), shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous school year.", "id": "HBEDB545914164994AA4F68B24283DC7F", "header": "Amount of deposits", "nested": [], "links": [] }, { "text": "(e) Use of funds \nFunds deposited into a Military Education Savings Account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider that is approved by the Secretary under subsection (f)(1) for— (1) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; (2) private online learning programs; (3) private tutoring; (4) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; (5) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K–12 education; (6) computer hardware or other technological devices that are used to help meet a child’s educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; (7) educational software and applications; (8) uniforms purchased from or through a private school recognized by the State; (9) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; (10) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); (11) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; (12) fees for transportation paid to a fee-for-service transportation provider for the child to travel to and from the facilities of a qualified educational service provider; (13) costs of attendance at an institution of higher education; (14) costs associated with an apprenticeship or other vocational training program; (15) fees for state-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; (16) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or (17) any other educational expenses approved by the Secretary.", "id": "HF7DB8DA5B57945DA9C1D0192138AA348", "header": "Use of funds", "nested": [], "links": [ { "text": "section 529(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/529" } ] }, { "text": "(f) Requirements for qualified educational service providers \n(1) Registration and approval \nThe Secretary shall establish and maintain a registry of qualified educational service providers that are approved to receive payments from a Military Education Savings Account. The Secretary shall approve a qualified educational service provider to receive such payments if the provider demonstrates to the Secretary that it is licensed in the State in which it operates to provide one or more of the services for which funds may be expended under subsection (e). (2) Participation in online marketplace \nAs a condition of receiving funds from a Military Education Savings Account, a qualified educational service provider shall make its services available for purchase through the online marketplace described in subsection (g). (3) Surety bond \n(A) In general \nThe Secretary shall require each qualified educational service provider that receives $100,000 or more in funds from Military Education Savings Accounts in a school year to post a surety bond, in an amount determined by the Secretary, for such school year. (B) Retention \nThe Secretary shall prescribe the circumstances under which a surety bond under subparagraph (A) may be retained by the Secretary.", "id": "H6C3198003DBC4226BBDB960E10D27D78", "header": "Requirements for qualified educational service providers", "nested": [], "links": [] }, { "text": "(g) Online marketplace \n(1) In general \nThe Secretary shall seek to enter into a contract with a private-sector entity under which the entity shall— (A) establish and operate an online marketplace that enables the holder of a Military Education Savings Account to make direct purchases from qualified educational service providers using funds from such account; (B) ensure that each qualified educational service provider on the registry maintained by the Secretary under subsection (f)(1) has made its services available for purchase through the online marketplace; (C) ensure that all purchases made through the online marketplace are for services that are allowable uses of funds under subsection (e); and (D) develop and make available a standardized expense report form, in electronic and hard copy formats, to be used by parents for reporting expenses in accordance with subsection (h)(3). (2) Rule of construction \nNothing in this subsection shall be construed to require the holder of a Military Education Savings Account to make purchases using the online marketplace described in paragraph (1).", "id": "H5B75BBB142754972BA695C37FC8D6B78", "header": "Online marketplace", "nested": [], "links": [] }, { "text": "(h) Transfer schedule \n(1) In general \nSubject to paragraph (2), the Secretary shall make quarterly transfers of the amount calculated pursuant to subsection (d) for deposit into the account of each eligible military dependent child, except that the Secretary may make transfers according to another transfer schedule if the Secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the education savings account. (2) Choice of schedule \nThe Secretary shall establish a process under which the parent of a child on whose behalf a Military Education Savings Account is established may choose a transfer schedule other than a transfer schedule determined under paragraph (1). (3) Expense reports \n(A) Submission required \nBefore receiving a transfer under paragraph (1) or (2), the parent of an eligible military dependent child on whose behalf a Military Education Savings Account is established shall submit to the Secretary an expense report demonstrating how funds from the most recent transfer were expended. (B) Format \nEach such expense report shall be submitted using the standardized expense report form developed under subsection (g)(1)(D).", "id": "HCE505032968F4F26B07213BB3BAA4B7C", "header": "Transfer schedule", "nested": [], "links": [] }, { "text": "(i) Rollover \nAmounts remaining in the Military Education Savings Account of an eligible military dependent child at the end of a school year shall remain available for use in accordance with subsection (e) until the date on which such account terminates under subsection (j).", "id": "HF70599D7965848E9A845CA352EED0222", "header": "Rollover", "nested": [], "links": [] }, { "text": "(j) Termination and Return of funds \n(1) Termination \nThe Military Education Savings Account of an eligible military dependent child shall terminate on— (A) the date on which the child enrolls in a public elementary school or secondary school on a full-time basis; (B) in the case of a child who is pursuing postsecondary education, the earlier of— (i) the date on which the child completes postsecondary education; or (ii) the date on which the child attains the age of 22 years; (C) in the case of a child who is an individual with a disability, the date on which the child attains the age of 26 years; or (D) in the case of an individual not described in subparagraph (B) or (C), the earlier of— (i) the date on which the child attains the age of 22 years; or (ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. (2) Return of funds \nAny funds remaining in a Military Education Savings Account on the date such account terminates under paragraph (1) shall be returned to the Treasury of the United States and shall be used to carry out the program under this section.", "id": "H311A44C55D9743A5AE523F4E0281F432", "header": "Termination and Return of funds", "nested": [], "links": [] }, { "text": "(k) Compulsory attendance requirements \nA State that receives funds under this title shall consider a child with a Military Education Savings Account for a school year as meeting the State’s compulsory school attendance requirements for such school year.", "id": "H9B23A8B7C2934ABC8F04FDC29F2429B3", "header": "Compulsory attendance requirements", "nested": [], "links": [] }, { "text": "(l) Special rule \nIn the case of a child with a Military Education Savings Account who attends a public school on a less than full-time basis in a school year— (1) the child may not attend the public school free of charge; and (2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child’s costs of attendance at such school.", "id": "H8AF11A7F00784298B3BDC52AC2981B62", "header": "Special rule", "nested": [], "links": [] }, { "text": "(m) Tax treatment of accounts \n(1) In general \nA Military Education Savings Account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. (2) Contributions and distributions \nFor purposes of subtitle A of the Internal Revenue Code of 1986— (A) any contribution to a military education savings account by the Secretary under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual; and (B) any distribution from a military education savings account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual.", "id": "H9ED65F154E004B63B7A525FA1F46ACC9", "header": "Tax treatment of accounts", "nested": [], "links": [] }, { "text": "(n) Fraud prevention and reporting \nThe Secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section. The Secretary also shall conduct or contract for random, quarterly, or annual audits of accounts as needed to ensure compliance with this section.", "id": "H5BAA1654D1A34300A6BB12AB7CF81FF5", "header": "Fraud prevention and reporting", "nested": [], "links": [] }, { "text": "(o) Contract authority \nThe Secretary may enter into one or more contracts for the purpose of carrying out the responsibilities of the Secretary under this section.", "id": "H8975173D2A824F328A2F794F74A98A43", "header": "Contract authority", "nested": [], "links": [] }, { "text": "(p) Refunds \nThe Secretary shall establish a process under which payments from a Military Education Savings Accounts to a qualified educational service provider shall be refunded to the account in the event of fraud or nonperformance by the provider.", "id": "HEFBA4A704CF4427498129A182DC3D263", "header": "Refunds", "nested": [], "links": [] }, { "text": "(q) Rules of construction \n(1) Nonagency \nA qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. (2) Prohibition of Federal or State supervision or control over nonpublic education providers \n(A) In general \nNothing in this section shall be construed to permit, allow, encourage, or authorize any Federal or State control or supervision over any aspect of any qualified educational service provider, including a private, religious, or home education provider (without regard to whether a home education provider is treated as a private school or home school under State law). This section shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act. (B) No religion-based discrimination \nThe Secretary shall not exclude, discriminate against, or otherwise disadvantage any qualified educational service provider with respect to programs or services under this section based in whole or in part on the provider’s religious education character or affiliation, including religiously based or mission-based policies or practices. (3) Imposition of additional requirements \nNo Federal requirements shall apply to a qualified educational service provider other than the requirements specifically set forth in this section. Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. (4) Treatment of assistance \nFor purposes of any Federal law, assistance provided under this section shall be considered assistance to the eligible military dependent child or to the parents of a child on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account.", "id": "H2E1E99C3BCBF49DD8A688E9EE8A137EE", "header": "Rules of construction", "nested": [], "links": [] }, { "text": "(r) Legal proceedings \n(1) Burden \nIn any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider. (2) Limitation on liability \n(A) In general \nNo liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. (B) Entity described \nThe entities described in this subparagraph are the following: (i) The Department of Education. (ii) An entity that enters into a contract with the Secretary pursuant to subsection (g) or subsection (o). (iii) A qualified educational service provider. (3) Intervention \n(A) In general \nExcept as provided in subparagraph (B), a parent of an eligible military dependent child or a parent of a child on whose behalf a Military Education Savings Account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a State constitution or the United States Constitution. (B) Exception \nFor purposes of judicial administration, a court may— (i) limit the number of parents allowed to intervene in a proceeding under subparagraph (A); or (ii) require all parents who have intervened in a proceeding under subparagraph (A) to file a joint brief, except that no parent shall be required to join any brief filed on behalf of a State that is a defendant in the proceeding.", "id": "H00CF16D6A91A49F4A72F62E397BE4C21", "header": "Legal proceedings", "nested": [], "links": [] }, { "text": "(s) Administrative expenses \nThe Secretary may use not more than 5 percent of the funds made available to carry out this section for the direct costs of administering Military Education Savings Accounts.", "id": "H9AA1A9CE9A1C411DBD7565E11EB47F9E", "header": "Administrative expenses", "nested": [], "links": [] }, { "text": "(t) Definitions \nIn this section: (1) The terms commissioned officer , enlisted member , and warrant officer have the meanings given those terms in section 101(b) of title 10, United States Code. (2) The term eligible military dependent child means a child who— (A) has a parent on active duty in the uniformed services (as that term is defined in section 101 of title 37, United States Code, except that such term does not include an officer in the National Guard who has been activated); and (B) in the case of a child seeking to establish a Military Education Savings account for the first time, was enrolled in a public elementary school or a public secondary school for not less than 100 consecutive days in the preceding school year. (3) The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) The term qualified educational service provider means an entity or person that is licensed by a State to provide one or more of the educational services for which funds may be expended under subsection (e), including— (A) a private school; (B) a non-public online learning program or course provider; (C) an institution of higher education, which may include a community college or a technical college; (D) a public school; (E) a private tutor or entity that operates a tutoring facility; (F) a provider of educational materials or curriculum; (G) a provider of education-related therapies or services; or (H) any other provider of educational services licensed by a State to provide such services.", "id": "H2B54E6E449A240A1925B96FABFC06430", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] } ], "links": [ { "text": "section 529(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "3. Authorization of appropriations \nSection 7014 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7714 ) is amended by adding at the end the following: (f) Military education savings accounts \nFor the purpose of carrying out section 7012A— (1) there are authorized to be appropriated $1,200,000,000 for fiscal year 2024; and (2) for each fiscal year beginning after fiscal year 2024, the amount authorized to be appropriated shall be the amount authorized to be appropriated for the previous fiscal year increased by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous fiscal year..", "id": "H3344934603344EE8B047A858823F6CE2", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "20 U.S.C. 7714", "legal-doc": "usc", "parsable-cite": "usc/20/7714" } ] } ]

[ "Bank accounts, deposits, capital", "Education programs funding", "Elementary and secondary education", "Income tax exclusion", "Military personnel and dependents", "Student aid and college costs" ]

[ { "text": "1. Short title \nThis Act may be cited as the Neighborhood Homes Investment Act.", "id": "idb7c0300aa40f4d01a012959886c5e841", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and sense of Congress \n(a) Findings \nCongress finds the following: (1) Experts have determined that it could take nearly a decade to address the housing shortage in the United States, in large part due to increasing housing prices and decreased housing inventory. (2) The housing supply shortage disproportionately impacts low-income and distressed communities. (3) Homeownership is a primary source of household wealth and neighborhood stability. Many distressed communities have low rates of homeownership and lack quality, affordable starter homes. (4) Housing revitalization in distressed communities is prevented by the value gap, the difference between the price to rehabilitate a home and the sale value of the home. (5) The Neighborhood Homes Investment Act can address the value gap to increase housing rehabilitation in distressed communities. (6) The Neighborhood Homes Investment Act has the potential to generate 500,000 homes over 10 years, $125,000,000,000 of total development activity, over 800,000 jobs in construction and construction-related industries, and over $35,000,000,000 in Federal, state, and local tax revenues. (b) Sense of Congress \nIt is the sense of Congress that the neighborhood homes credit (as added under section 3 of this Act) should be an activity administered in a manner which— (1) is consistent with the Fair Housing Act of 1968 ( 42 U.S.C. 3601 et seq. ); (2) empowers residents in eligible communities; and (3) revitalizes distressed neighborhoods.", "id": "id70897cb2944244febb2de267266efccc", "header": "Findings and sense of Congress", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Experts have determined that it could take nearly a decade to address the housing shortage in the United States, in large part due to increasing housing prices and decreased housing inventory. (2) The housing supply shortage disproportionately impacts low-income and distressed communities. (3) Homeownership is a primary source of household wealth and neighborhood stability. Many distressed communities have low rates of homeownership and lack quality, affordable starter homes. (4) Housing revitalization in distressed communities is prevented by the value gap, the difference between the price to rehabilitate a home and the sale value of the home. (5) The Neighborhood Homes Investment Act can address the value gap to increase housing rehabilitation in distressed communities. (6) The Neighborhood Homes Investment Act has the potential to generate 500,000 homes over 10 years, $125,000,000,000 of total development activity, over 800,000 jobs in construction and construction-related industries, and over $35,000,000,000 in Federal, state, and local tax revenues.", "id": "id39e7e8119de843e59b6c8f95b0dbf8be", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of Congress \nIt is the sense of Congress that the neighborhood homes credit (as added under section 3 of this Act) should be an activity administered in a manner which— (1) is consistent with the Fair Housing Act of 1968 ( 42 U.S.C. 3601 et seq. ); (2) empowers residents in eligible communities; and (3) revitalizes distressed neighborhoods.", "id": "ideb7ac92baefe4be581470f48726f4f33", "header": "Sense of Congress", "nested": [], "links": [ { "text": "42 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/3601" } ] } ], "links": [ { "text": "42 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/3601" } ] }, { "text": "3. Neighborhood homes credit \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 42 the following new section: 42A. Neighborhood homes credit \n(a) Allowance of credit \nFor purposes of section 38, the neighborhood homes credit determined under this section for the taxable year is, with respect to each qualified residence sold by the taxpayer during such taxable year in an affordable sale, the lesser of— (1) an amount equal to— (A) the excess (if any) of— (i) the reasonable development costs paid or incurred by the taxpayer with respect to such qualified residence, over (ii) the sale price of such qualified residence (reduced by any reasonable expenses paid or incurred by the taxpayer in connection with such sale), or (B) if the neighborhood homes credit agency determines it is necessary to ensure financial feasibility, an amount not to exceed 120 percent of the amount under subparagraph (A), (2) 35 percent of the eligible development costs paid or incurred by the taxpayer with respect to such qualified residence, or (3) 28 percent of the national median sale price for new homes (as determined pursuant to the most recent census data available as of the date on which the neighborhood homes credit agency makes an allocation for the qualified project). (b) Development costs \nFor purposes of this section— (1) Reasonable development costs \n(A) In general \nThe term reasonable development costs means amounts paid or incurred for the acquisition of buildings and land, construction, substantial rehabilitation, demolition of structures, or environmental remediation, to the extent that the neighborhood homes credit agency determines that such amounts meet the standards specified pursuant to subsection (f)(1)(C) (as of the date on which construction or substantial rehabilitation is substantially complete, as determined by such agency) and are necessary to ensure the financial feasibility of such qualified residence. (B) Considerations in making determination \nIn making the determination under subparagraph (A), the neighborhood homes credit agency shall consider— (i) the sources and uses of funds and the total financing, (ii) any proceeds or receipts generated or expected to be generated by reason of tax benefits, and (iii) the reasonableness of the developmental costs and fees. (2) Eligible development costs \nThe term eligible development costs means the amount which would be reasonable development costs if the amounts taken into account as paid or incurred for the acquisition of buildings and land did not exceed 75 percent of such costs determined without regard to any amount paid or incurred for the acquisition of buildings and land. (3) Substantial rehabilitation \nThe term substantial rehabilitation means amounts paid or incurred for rehabilitation of a qualified residence if such amounts exceed the greater of— (A) $20,000, or (B) 20 percent of the amounts paid or incurred by the taxpayer for the acquisition of buildings and land with respect to such qualified residence. (4) Construction and rehabilitation only after allocation taken into account \n(A) In general \nThe terms reasonable development costs and eligible development costs shall not include any amount paid or incurred before the date on which an allocation is made to the taxpayer under subsection (e) with respect to the qualified project of which the qualified residence is part unless such amount is paid or incurred for the acquisition of buildings or land. (B) Land and building acquisition costs \nAmounts paid or incurred for the acquisition of buildings or land shall be included under paragraph (A) only if paid or incurred not more than 3 years before the date on which the allocation referred to in subparagraph (A) is made. If the taxpayer acquired any building or land from an entity (or any related party to such entity) that holds an ownership interest in the taxpayer, then such entity must also have acquired such property within such 3-year period, and the acquisition cost included under subparagraph (A) with respect to the taxpayer shall not exceed the amount such entity paid or incurred to acquire such property. (c) Qualified residence \nFor purposes of this section— (1) In general \nThe term qualified residence means a residence that— (A) is real property affixed on a permanent foundation, (B) is— (i) a house which is comprised of 4 or fewer residential units, (ii) a condominium unit, or (iii) a house or an apartment owned by a cooperative housing corporation (as defined in section 216(b)), (C) is part of a qualified project with respect to which the neighborhood homes credit agency has made an allocation under subsection (e), and (D) is located in a qualified census tract (determined as of the date of such allocation). (2) Qualified census tract \n(A) In general \nThe term qualified census tract means a census tract— (i) which— (I) has a median family income which does not exceed 80 percent of the median family income for the applicable area, (II) has a poverty rate that is not less than 130 percent of the poverty rate of the applicable area, and (III) has a median value for owner-occupied homes that does not exceed the median value for owner-occupied homes in the applicable area, (ii) which— (I) is located in a city which has a population of not less than 50,000 and such city has a poverty rate that is not less than 150 percent of the poverty rate of the applicable area, (II) has a median family income which does not exceed the median family income for the applicable area, and (III) has a median value for owner-occupied homes that does not exceed 80 percent of the median value for owner-occupied homes in the applicable area, (iii) which— (I) is located in a nonmetropolitan county, (II) has a median family income which does not exceed the median family income for the applicable area, and (III) has been designated by a neighborhood homes credit agency under this clause, or (iv) which is not otherwise a qualified census tract and is located in a disaster area (as defined in section 7508A(d)(3)), but only with respect to credits allocated in any period during which the President of the United States has determined that such area warrants individual or individual and public assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (B) Applicable area \nThe term applicable area means— (i) in the case of a metropolitan census tract, the metropolitan area in which such census tract is located, and (ii) in the case of a census tract other than a census tract described in clause (i), the State. (d) Affordable sale \nFor purposes of this section— (1) In general \nThe term affordable sale means a sale to a qualified homeowner of a qualified residence that the neighborhood homes credit agency certifies as meeting the standards promulgated under subsection (f)(1)(D) for a price that does not exceed— (A) in the case of any qualified residence not described in subparagraph (B), (C), or (D), the amount equal to the product of 4 multiplied by the median family income for the applicable area (as determined pursuant to the most recent census data available as of the date of the contract for such sale), (B) in the case of a house comprised of 2 residential units, 125 percent of the amount described in subparagraph (A), (C) in the case of a house comprised of 3 residential units, 150 percent of the amount described in subparagraph (A), or (D) in the case of a house comprised of 4 residential units, 175 percent of the amount described in subparagraph (A). (2) Qualified homeowner \nThe term qualified homeowner means, with respect to a qualified residence, an individual— (A) who owns and uses such qualified residence as the principal residence of such individual, and (B) whose family income (determined as of the date that a binding contract for the affordable sale of such residence is entered into) is 140 percent or less of the median family income for the applicable area in which the qualified residence is located. (e) Credit ceiling and allocations \n(1) Credit limited based on allocations to qualified projects \n(A) In general \nThe credit allowed under subsection (a) to any taxpayer for any taxable year with respect to one or more qualified residences which are part of the same qualified project shall not exceed the excess (if any) of— (i) the amount allocated by the neighborhood homes credit agency under this paragraph to such taxpayer with respect to such qualified project, over (ii) the aggregate amount of credit allowed under subsection (a) to such taxpayer with respect to qualified residences which are a part of such qualified project for all prior taxable years. (B) Deadline for completion \nNo credit shall be allowed under subsection (a) with respect to any qualified residence unless the affordable sale of such residence is during the 5-year period beginning on the date of the allocation to the qualified project of which such residence is a part (or, in the case of a qualified residence to which subsection (i) applies, the rehabilitation of such residence is completed during such 5-year period). (2) Limitations on allocations to qualified projects \n(A) Allocations limited by State neighborhood homes credit ceiling \nThe aggregate amount allocated to taxpayers with respect to qualified projects by the neighborhood homes credit agency of any State for any calendar year shall not exceed the State neighborhood homes credit amount of such State for such calendar year. (B) Set-aside for certain projects involving qualified nonprofit organizations \nRules similar to the rules of section 42(h)(5) shall apply for purposes of this section. (3) Determination of State neighborhood homes credit ceiling \n(A) In general \nThe State neighborhood homes credit amount for a State for a calendar year is an amount equal to the sum of— (i) the greater of— (I) the product of $7, multiplied by the State population (determined in accordance with section 146(j)), or (II) $9,000,000, and (ii) any amount previously allocated to any taxpayer with respect to any qualified project by the neighborhood homes credit agency of such State which can no longer be allocated to any qualified residence because the 5-year period described in paragraph (1)(B) expires during calendar year. (B) 3-year carryforward of unused limitation \nThe State neighborhood homes credit amount for a State for a calendar year shall be increased by the excess (if any) of the State neighborhood homes credit amount for such State for the preceding calendar year over the aggregate amount allocated by the neighborhood homes credit agency of such State during such preceding calendar year. Any amount carried forward under the preceding sentence shall not be carried past the third calendar year after the calendar year in which such credit amount originally arose, determined on a first-in, first-out basis. (f) Responsibilities of neighborhood homes credit agencies \n(1) In general \nNotwithstanding subsection (e), the State neighborhood homes credit dollar amount shall be zero for a calendar year unless the neighborhood homes credit agency of the State— (A) allocates such amount pursuant to a qualified allocation plan of the neighborhood homes credit agency, (B) allocates not more than 20 percent of amounts allocated in the previous year (or for allocations made in 2023, not more than 20 percent of the neighborhood homes credit ceiling for such year) to projects with respect to qualified residences which— (i) are located in census tracts described in subsection (c)(2)(A)(iii), (c)(2)(A)(iv), (i)(5), or (ii) are not located in a qualified census tract but meet the requirements of subsection (i)(8), (C) promulgates standards with respect to reasonable qualified development costs and fees, (D) promulgates standards with respect to construction quality, (E) in the case of any neighborhood homes credit agency which makes an allocation to a qualified project which includes any qualified residence to which subsection (i) applies, promulgates standards with respect to protecting the owners of such residences, including the capacity of such owners to pay rehabilitation costs not covered by the credit provided by this section and providing for the disclosure to such owners of their rights and responsibilities with respect to the rehabilitation of such residences, (F) submits to the Secretary (at such time and in such manner as the Secretary may prescribe) an annual report specifying— (i) the amount of the neighborhood homes credits allocated to each qualified project for the previous year, (ii) with respect to each qualified residence completed in the preceding calendar year— (I) the census tract in which such qualified residence is located, (II) with respect to the qualified project that includes such qualified residence, the year in which such project received an allocation under this section, (III) whether such qualified residence was new, substantially rehabilitated and sold to a qualified homeowner, or substantially rehabilitated pursuant to subsection (i), (IV) the eligible development costs of such qualified residence, (V) the amount of the neighborhood homes credit with respect to such qualified residence, (VI) the sales price of such qualified residence, if applicable, and (VII) the family income of the qualified homeowner (expressed as a percentage of the applicable area median family income for the location of the qualified residence), and (iii) such other information as the Secretary may require, and (G) makes available to the general public a written explanation for any allocation of a neighborhood homes credit dollar amount which is not made in accordance with established priorities and selection criteria of the neighborhood homes credit agency. Subparagraph (B) shall be applied by substituting 40 percent for 20 percent each place it appears in the case of any State in which at least 45 percent of the State population resides outside metropolitan statistical areas (within the meaning of section 143(k)(2)(B)) and less than 20 percent of the census tracts located in the State are described in subsection (c)(2)(A)(i). (2) Qualified allocation plan \nFor purposes of this subsection, the term qualified allocation plan means any plan which— (A) sets forth the selection criteria to be used to prioritize qualified projects for allocations of State neighborhood homes credit dollar amounts, including— (i) the need for new or substantially rehabilitated owner-occupied homes in the area addressed by the project, (ii) the expected contribution of the project to neighborhood stability and revitalization, including the impact on neighborhood residents, (iii) the capability and prior performance of the project sponsor, and (iv) the likelihood the project will result in long-term homeownership, (B) has been made available for public comment, and (C) provides a procedure that the neighborhood homes credit agency (or any agent or contractor of such agency) shall follow for purposes of— (i) identifying noncompliance with any provisions of this section, and (ii) notifying the Internal Revenue Service of any such noncompliance of which the agency becomes aware. (g) Repayment \n(1) In general \n(A) Sold during 5-year period \nIf a qualified residence is sold during the 5-year period beginning immediately after the affordable sale of such qualified residence referred to in subsection (a), the seller shall transfer an amount equal to the repayment amount to the relevant neighborhood homes credit agency. (B) Use of repayments \nA neighborhood homes credit agency shall use any amount received pursuant to subparagraph (A) only for purposes of qualified projects. (2) Repayment amount \nFor purposes of paragraph (1)(A)— (A) In general \nThe repayment amount is an amount equal to the applicable percentage of the gain from the sale to which the repayment relates. (B) Applicable percentage \nFor purposes of subparagraph (A), the applicable percentage is 50 percent, reduced by 10 percentage points for each year of the 5-year period referred to in paragraph (1)(A) which ends before the date of such sale. (3) Lien for repayment amount \nA neighborhood homes credit agency receiving an allocation under this section shall place a lien on each qualified residence that is built or rehabilitated as part of a qualified project for an amount such agency deems necessary to ensure potential repayment pursuant to paragraph (1)(A). (4) Waiver \n(A) In general \nThe neighborhood homes credit agency may waive the repayment required under paragraph (1)(A) if the agency determines that making a repayment would constitute a hardship to the seller. (B) Hardship \nFor purposes of subparagraph (A), with respect to the seller, a hardship may include— (i) divorce, (ii) disability, (iii) illness, or (iv) any other hardship identified by the neighborhood homes credit agency for purposes of this paragraph. (h) Other definitions and special rules \nFor purposes of this section— (1) Neighborhood homes credit agency \nThe term neighborhood homes credit agency means the agency designated by the governor of a State as the neighborhood homes credit agency of the State. (2) Qualified project \nThe term qualified project means a project that a neighborhood homes credit agency certifies will build or substantially rehabilitate one or more qualified residences. (3) Determinations of family income \nRules similar to the rules of section 143(f)(2) shall apply for purposes of this section. (4) Possessions treated as states \nThe term State includes the District of Columbia and the possessions of the United States. (5) Special rules related to condominiums and cooperative housing corporations \n(A) Determination of development costs \nIn the case of a qualified residence described in clause (ii) or (iii) of subsection (c)(1)(A), the reasonable development costs and eligible development costs of such qualified residence shall be an amount equal to such costs, respectively, of the entire condominium or cooperative housing property in which such qualified residence is located, multiplied by a fraction— (i) the numerator of which is the total floor space of such qualified residence, and (ii) the denominator of which is the total floor space of all residences within such property. (B) Tenant-stockholders of cooperative housing corporations treated as owners \nIn the case of a cooperative housing corporation (as such term is defined in section 216(b)), a tenant-stockholder shall be treated as owning the house or apartment which such person is entitled to occupy. (6) Related party sales not treated as affordable sales \n(A) In general \nA sale between related persons shall not be treated as an affordable sale. (B) Related persons \nFor purposes of this paragraph, a person (in this subparagraph referred to as the related person ) is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of the preceding sentence, in applying section 267(b) or 707(b)(1), 10 percent shall be substituted for 50 percent. (7) Inflation adjustment \n(A) In general \nIn the case of a calendar year after 2023, the dollar amounts in subsections (b)(3)(A), (e)(3)(A)(i)(I), (e)(3)(A)(i)(II), and (i)(2)(C) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding \n(i) In the case of the dollar amounts in subsections (b)(3)(A) and (i)(2)(C), any increase under paragraph (1) which is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000. (ii) In the case of the dollar amount in subsection (e)(3)(A)(i)(I), any increase under paragraph (1) which is not a multiple of $0.01 shall be rounded to the nearest multiple of $0.01. (iii) In the case of the dollar amount in subsection (e)(3)(A)(i)(II), any increase under paragraph (1) which is not a multiple of $100,000 shall be rounded to the nearest multiple of $100,000. (8) Report \n(A) In general \nThe Secretary shall annually issue a report, to be made available to the public, which contains the information submitted pursuant to subsection (f)(1)(F). (B) De-identification \nThe Secretary shall ensure that any information made public pursuant to subparagraph (A) excludes any information that would allow for the identification of qualified homeowners. (9) List of qualified census tracts \nThe Secretary of Housing and Urban Development shall, for each year, make publicly available a list of qualified census tracts under— (A) on a combined basis, clauses (i) and (ii) of subsection (c)(2)(A), (B) clause (iii) of such subsection, and (C) subsection (i)(5)(A). (10) Denial of deductions if converted to rental housing \nIf, during the 5-year period beginning immediately after the affordable sale of a qualified residence referred to in subsection (a), an individual who owns a qualified residence (whether or not such individual was the purchaser in such affordable sale) fails to use such qualified residence as such individual’s principal residence for any period of time, no deduction shall be allowed for expenses paid or incurred by such individual with respect to renting, during such period of time, such qualified residence. (i) Application of credit with respect to owner-Occupied rehabilitations \n(1) In general \nIn the case of a qualified rehabilitation by the taxpayer of any qualified residence which is owned (as of the date that the written binding contract referred to in paragraph (3) is entered into) by a specified homeowner, the rules of paragraphs (2) through (7) shall apply. (2) Alternative credit determination \nIn the case of any qualified residence described in paragraph (1), the neighborhood homes credit determined under subsection (a) with respect to such residence shall (in lieu of any credit otherwise determined under subsection (a) with respect to such residence) be allowed in the taxable year during which the qualified rehabilitation is completed (as determined by the neighborhood homes credit agency) and shall be equal to the least of— (A) the excess (if any) of— (i) the amounts paid or incurred by the taxpayer for the qualified rehabilitation of the qualified residence to the extent that such amounts are certified by the neighborhood homes credit agency (at the time of the completion of such rehabilitation) as meeting the standards specified pursuant to subsection (f)(1)(C), over (ii) any amounts paid to such taxpayer for such rehabilitation, (B) 50 percent of the amounts described in subparagraph (A)(i), or (C) $50,000. (3) Qualified rehabilitation \n(A) In general \nFor purposes of this subsection, the term qualified rehabilitation means a rehabilitation or reconstruction performed pursuant to a written binding contract between the taxpayer and the specified homeowner if the amount paid or incurred by the taxpayer in the performance of such rehabilitation or reconstruction exceeds the dollar amount in effect under subsection (b)(3)(A). (B) Application of limitation to expenses paid or incurred after allocation \nA rule similar to the rule of section (b)(4) shall apply for purposes of this subsection. (4) Specified homeowner \nFor purposes of this subsection, the term qualified homeowner means, with respect to a qualified residence, an individual— (A) who owns and uses such qualified residence as the principal residence of such individual as of the date that the written binding contract referred to in paragraph (3) is entered into, and (B) whose family income (determined as of such date) does not exceed the median family income for the applicable area (with respect to the census tract in which the qualified residence is located). (5) Additional census tracts in which owner-occupied residences may be located \nIn the case of any qualified residence described in paragraph (1), the term qualified census tract includes any census tract which— (A) meets the requirements of subsection (c)(2)(A)(i) without regard to subclause (III) thereof, and (B) is designated by the neighborhood homes credit agency for purposes of this paragraph. (6) Modification of repayment requirement \nIn the case of any qualified residence described in paragraph (1), subsection (g) shall be applied by beginning the 5-year period otherwise described therein on the date on which the qualified homeowner acquired such residence. (7) Related parties \nParagraph (1) shall not apply if the taxpayer is the owner of the qualified residence described in paragraph (1) or is related (within the meaning of subsection (h)(6)(B)) to such owner. (8) Pyrrhotite remediation \nThe requirement of subsection (c)(1)(C) shall not apply to a qualified rehabilitation under this subsection of a qualified residence that is documented by an engineer’s report and core testing to have a foundation that is adversely impacted by pyrrhotite or other iron sulfide minerals. (j) Regulations \nThe Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations that prevent avoidance of the rules, and abuse of the purposes, of this section.. (b) Credit allowed as part of general business credit \nSection 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (37), by striking the period at the end of paragraph (38) and inserting , plus , and by adding at the end the following new paragraph: (39) the neighborhood homes credit determined under section 42A(a).. (c) Credit allowed against alternative minimum tax \nSection 38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by redesignating clauses (iv) through (xii) as clauses (v) through (xiii), respectively, and by inserting after clause (iii) the following new clause: (iv) the credit determined under section 42A,. (d) Basis adjustments \n(1) Energy efficient home improvement credit \nSection 25C(g) of the Internal Revenue Code of 1986 is amended by adding after the first sentence the following new sentence: This subsection shall not apply for purposes of determining the eligible development costs or adjusted basis of any building under section 42A.. (2) Residential clean energy credit \nSection 25D(f) of such Code is amended by adding after the first sentence the following new sentence: This subsection shall not apply for purposes of determining the eligible development costs or adjusted basis of any building under section 42A.. (3) New energy efficient home credit \nSection 45L(e) of such Code is amended by inserting or for purposes of determining the eligible development costs or adjusted basis of any building under section 42A after section 42. (e) Exclusion from gross income \nPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: 139J. State energy subsidies for qualified residences \n(a) Exclusion from gross income \nGross income shall not include the value of any subsidy provided to a taxpayer (whether directly or indirectly) by any State energy office (as defined in section 124(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 15821(a) )) for purposes of any energy improvements made to a qualified residence (as defined in section 42A(c)(1)).. (f) Conforming amendments \n(1) Subsections (i)(3)(C), (i)(6)(B)(i), and (k)(1) of section 469 of the Internal Revenue Code of 1986 are each amended by inserting or 42A after section 42. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 42 the following new item: Sec. 42A. Neighborhood homes credit.. (3) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: Sec. 139J. State energy subsidies for qualified residences.. (g) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "H6FCAC34469AF4B73919EE99E271A1B49", "header": "Neighborhood homes credit", "nested": [ { "text": "(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 42 the following new section: 42A. Neighborhood homes credit \n(a) Allowance of credit \nFor purposes of section 38, the neighborhood homes credit determined under this section for the taxable year is, with respect to each qualified residence sold by the taxpayer during such taxable year in an affordable sale, the lesser of— (1) an amount equal to— (A) the excess (if any) of— (i) the reasonable development costs paid or incurred by the taxpayer with respect to such qualified residence, over (ii) the sale price of such qualified residence (reduced by any reasonable expenses paid or incurred by the taxpayer in connection with such sale), or (B) if the neighborhood homes credit agency determines it is necessary to ensure financial feasibility, an amount not to exceed 120 percent of the amount under subparagraph (A), (2) 35 percent of the eligible development costs paid or incurred by the taxpayer with respect to such qualified residence, or (3) 28 percent of the national median sale price for new homes (as determined pursuant to the most recent census data available as of the date on which the neighborhood homes credit agency makes an allocation for the qualified project). (b) Development costs \nFor purposes of this section— (1) Reasonable development costs \n(A) In general \nThe term reasonable development costs means amounts paid or incurred for the acquisition of buildings and land, construction, substantial rehabilitation, demolition of structures, or environmental remediation, to the extent that the neighborhood homes credit agency determines that such amounts meet the standards specified pursuant to subsection (f)(1)(C) (as of the date on which construction or substantial rehabilitation is substantially complete, as determined by such agency) and are necessary to ensure the financial feasibility of such qualified residence. (B) Considerations in making determination \nIn making the determination under subparagraph (A), the neighborhood homes credit agency shall consider— (i) the sources and uses of funds and the total financing, (ii) any proceeds or receipts generated or expected to be generated by reason of tax benefits, and (iii) the reasonableness of the developmental costs and fees. (2) Eligible development costs \nThe term eligible development costs means the amount which would be reasonable development costs if the amounts taken into account as paid or incurred for the acquisition of buildings and land did not exceed 75 percent of such costs determined without regard to any amount paid or incurred for the acquisition of buildings and land. (3) Substantial rehabilitation \nThe term substantial rehabilitation means amounts paid or incurred for rehabilitation of a qualified residence if such amounts exceed the greater of— (A) $20,000, or (B) 20 percent of the amounts paid or incurred by the taxpayer for the acquisition of buildings and land with respect to such qualified residence. (4) Construction and rehabilitation only after allocation taken into account \n(A) In general \nThe terms reasonable development costs and eligible development costs shall not include any amount paid or incurred before the date on which an allocation is made to the taxpayer under subsection (e) with respect to the qualified project of which the qualified residence is part unless such amount is paid or incurred for the acquisition of buildings or land. (B) Land and building acquisition costs \nAmounts paid or incurred for the acquisition of buildings or land shall be included under paragraph (A) only if paid or incurred not more than 3 years before the date on which the allocation referred to in subparagraph (A) is made. If the taxpayer acquired any building or land from an entity (or any related party to such entity) that holds an ownership interest in the taxpayer, then such entity must also have acquired such property within such 3-year period, and the acquisition cost included under subparagraph (A) with respect to the taxpayer shall not exceed the amount such entity paid or incurred to acquire such property. (c) Qualified residence \nFor purposes of this section— (1) In general \nThe term qualified residence means a residence that— (A) is real property affixed on a permanent foundation, (B) is— (i) a house which is comprised of 4 or fewer residential units, (ii) a condominium unit, or (iii) a house or an apartment owned by a cooperative housing corporation (as defined in section 216(b)), (C) is part of a qualified project with respect to which the neighborhood homes credit agency has made an allocation under subsection (e), and (D) is located in a qualified census tract (determined as of the date of such allocation). (2) Qualified census tract \n(A) In general \nThe term qualified census tract means a census tract— (i) which— (I) has a median family income which does not exceed 80 percent of the median family income for the applicable area, (II) has a poverty rate that is not less than 130 percent of the poverty rate of the applicable area, and (III) has a median value for owner-occupied homes that does not exceed the median value for owner-occupied homes in the applicable area, (ii) which— (I) is located in a city which has a population of not less than 50,000 and such city has a poverty rate that is not less than 150 percent of the poverty rate of the applicable area, (II) has a median family income which does not exceed the median family income for the applicable area, and (III) has a median value for owner-occupied homes that does not exceed 80 percent of the median value for owner-occupied homes in the applicable area, (iii) which— (I) is located in a nonmetropolitan county, (II) has a median family income which does not exceed the median family income for the applicable area, and (III) has been designated by a neighborhood homes credit agency under this clause, or (iv) which is not otherwise a qualified census tract and is located in a disaster area (as defined in section 7508A(d)(3)), but only with respect to credits allocated in any period during which the President of the United States has determined that such area warrants individual or individual and public assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (B) Applicable area \nThe term applicable area means— (i) in the case of a metropolitan census tract, the metropolitan area in which such census tract is located, and (ii) in the case of a census tract other than a census tract described in clause (i), the State. (d) Affordable sale \nFor purposes of this section— (1) In general \nThe term affordable sale means a sale to a qualified homeowner of a qualified residence that the neighborhood homes credit agency certifies as meeting the standards promulgated under subsection (f)(1)(D) for a price that does not exceed— (A) in the case of any qualified residence not described in subparagraph (B), (C), or (D), the amount equal to the product of 4 multiplied by the median family income for the applicable area (as determined pursuant to the most recent census data available as of the date of the contract for such sale), (B) in the case of a house comprised of 2 residential units, 125 percent of the amount described in subparagraph (A), (C) in the case of a house comprised of 3 residential units, 150 percent of the amount described in subparagraph (A), or (D) in the case of a house comprised of 4 residential units, 175 percent of the amount described in subparagraph (A). (2) Qualified homeowner \nThe term qualified homeowner means, with respect to a qualified residence, an individual— (A) who owns and uses such qualified residence as the principal residence of such individual, and (B) whose family income (determined as of the date that a binding contract for the affordable sale of such residence is entered into) is 140 percent or less of the median family income for the applicable area in which the qualified residence is located. (e) Credit ceiling and allocations \n(1) Credit limited based on allocations to qualified projects \n(A) In general \nThe credit allowed under subsection (a) to any taxpayer for any taxable year with respect to one or more qualified residences which are part of the same qualified project shall not exceed the excess (if any) of— (i) the amount allocated by the neighborhood homes credit agency under this paragraph to such taxpayer with respect to such qualified project, over (ii) the aggregate amount of credit allowed under subsection (a) to such taxpayer with respect to qualified residences which are a part of such qualified project for all prior taxable years. (B) Deadline for completion \nNo credit shall be allowed under subsection (a) with respect to any qualified residence unless the affordable sale of such residence is during the 5-year period beginning on the date of the allocation to the qualified project of which such residence is a part (or, in the case of a qualified residence to which subsection (i) applies, the rehabilitation of such residence is completed during such 5-year period). (2) Limitations on allocations to qualified projects \n(A) Allocations limited by State neighborhood homes credit ceiling \nThe aggregate amount allocated to taxpayers with respect to qualified projects by the neighborhood homes credit agency of any State for any calendar year shall not exceed the State neighborhood homes credit amount of such State for such calendar year. (B) Set-aside for certain projects involving qualified nonprofit organizations \nRules similar to the rules of section 42(h)(5) shall apply for purposes of this section. (3) Determination of State neighborhood homes credit ceiling \n(A) In general \nThe State neighborhood homes credit amount for a State for a calendar year is an amount equal to the sum of— (i) the greater of— (I) the product of $7, multiplied by the State population (determined in accordance with section 146(j)), or (II) $9,000,000, and (ii) any amount previously allocated to any taxpayer with respect to any qualified project by the neighborhood homes credit agency of such State which can no longer be allocated to any qualified residence because the 5-year period described in paragraph (1)(B) expires during calendar year. (B) 3-year carryforward of unused limitation \nThe State neighborhood homes credit amount for a State for a calendar year shall be increased by the excess (if any) of the State neighborhood homes credit amount for such State for the preceding calendar year over the aggregate amount allocated by the neighborhood homes credit agency of such State during such preceding calendar year. Any amount carried forward under the preceding sentence shall not be carried past the third calendar year after the calendar year in which such credit amount originally arose, determined on a first-in, first-out basis. (f) Responsibilities of neighborhood homes credit agencies \n(1) In general \nNotwithstanding subsection (e), the State neighborhood homes credit dollar amount shall be zero for a calendar year unless the neighborhood homes credit agency of the State— (A) allocates such amount pursuant to a qualified allocation plan of the neighborhood homes credit agency, (B) allocates not more than 20 percent of amounts allocated in the previous year (or for allocations made in 2023, not more than 20 percent of the neighborhood homes credit ceiling for such year) to projects with respect to qualified residences which— (i) are located in census tracts described in subsection (c)(2)(A)(iii), (c)(2)(A)(iv), (i)(5), or (ii) are not located in a qualified census tract but meet the requirements of subsection (i)(8), (C) promulgates standards with respect to reasonable qualified development costs and fees, (D) promulgates standards with respect to construction quality, (E) in the case of any neighborhood homes credit agency which makes an allocation to a qualified project which includes any qualified residence to which subsection (i) applies, promulgates standards with respect to protecting the owners of such residences, including the capacity of such owners to pay rehabilitation costs not covered by the credit provided by this section and providing for the disclosure to such owners of their rights and responsibilities with respect to the rehabilitation of such residences, (F) submits to the Secretary (at such time and in such manner as the Secretary may prescribe) an annual report specifying— (i) the amount of the neighborhood homes credits allocated to each qualified project for the previous year, (ii) with respect to each qualified residence completed in the preceding calendar year— (I) the census tract in which such qualified residence is located, (II) with respect to the qualified project that includes such qualified residence, the year in which such project received an allocation under this section, (III) whether such qualified residence was new, substantially rehabilitated and sold to a qualified homeowner, or substantially rehabilitated pursuant to subsection (i), (IV) the eligible development costs of such qualified residence, (V) the amount of the neighborhood homes credit with respect to such qualified residence, (VI) the sales price of such qualified residence, if applicable, and (VII) the family income of the qualified homeowner (expressed as a percentage of the applicable area median family income for the location of the qualified residence), and (iii) such other information as the Secretary may require, and (G) makes available to the general public a written explanation for any allocation of a neighborhood homes credit dollar amount which is not made in accordance with established priorities and selection criteria of the neighborhood homes credit agency. Subparagraph (B) shall be applied by substituting 40 percent for 20 percent each place it appears in the case of any State in which at least 45 percent of the State population resides outside metropolitan statistical areas (within the meaning of section 143(k)(2)(B)) and less than 20 percent of the census tracts located in the State are described in subsection (c)(2)(A)(i). (2) Qualified allocation plan \nFor purposes of this subsection, the term qualified allocation plan means any plan which— (A) sets forth the selection criteria to be used to prioritize qualified projects for allocations of State neighborhood homes credit dollar amounts, including— (i) the need for new or substantially rehabilitated owner-occupied homes in the area addressed by the project, (ii) the expected contribution of the project to neighborhood stability and revitalization, including the impact on neighborhood residents, (iii) the capability and prior performance of the project sponsor, and (iv) the likelihood the project will result in long-term homeownership, (B) has been made available for public comment, and (C) provides a procedure that the neighborhood homes credit agency (or any agent or contractor of such agency) shall follow for purposes of— (i) identifying noncompliance with any provisions of this section, and (ii) notifying the Internal Revenue Service of any such noncompliance of which the agency becomes aware. (g) Repayment \n(1) In general \n(A) Sold during 5-year period \nIf a qualified residence is sold during the 5-year period beginning immediately after the affordable sale of such qualified residence referred to in subsection (a), the seller shall transfer an amount equal to the repayment amount to the relevant neighborhood homes credit agency. (B) Use of repayments \nA neighborhood homes credit agency shall use any amount received pursuant to subparagraph (A) only for purposes of qualified projects. (2) Repayment amount \nFor purposes of paragraph (1)(A)— (A) In general \nThe repayment amount is an amount equal to the applicable percentage of the gain from the sale to which the repayment relates. (B) Applicable percentage \nFor purposes of subparagraph (A), the applicable percentage is 50 percent, reduced by 10 percentage points for each year of the 5-year period referred to in paragraph (1)(A) which ends before the date of such sale. (3) Lien for repayment amount \nA neighborhood homes credit agency receiving an allocation under this section shall place a lien on each qualified residence that is built or rehabilitated as part of a qualified project for an amount such agency deems necessary to ensure potential repayment pursuant to paragraph (1)(A). (4) Waiver \n(A) In general \nThe neighborhood homes credit agency may waive the repayment required under paragraph (1)(A) if the agency determines that making a repayment would constitute a hardship to the seller. (B) Hardship \nFor purposes of subparagraph (A), with respect to the seller, a hardship may include— (i) divorce, (ii) disability, (iii) illness, or (iv) any other hardship identified by the neighborhood homes credit agency for purposes of this paragraph. (h) Other definitions and special rules \nFor purposes of this section— (1) Neighborhood homes credit agency \nThe term neighborhood homes credit agency means the agency designated by the governor of a State as the neighborhood homes credit agency of the State. (2) Qualified project \nThe term qualified project means a project that a neighborhood homes credit agency certifies will build or substantially rehabilitate one or more qualified residences. (3) Determinations of family income \nRules similar to the rules of section 143(f)(2) shall apply for purposes of this section. (4) Possessions treated as states \nThe term State includes the District of Columbia and the possessions of the United States. (5) Special rules related to condominiums and cooperative housing corporations \n(A) Determination of development costs \nIn the case of a qualified residence described in clause (ii) or (iii) of subsection (c)(1)(A), the reasonable development costs and eligible development costs of such qualified residence shall be an amount equal to such costs, respectively, of the entire condominium or cooperative housing property in which such qualified residence is located, multiplied by a fraction— (i) the numerator of which is the total floor space of such qualified residence, and (ii) the denominator of which is the total floor space of all residences within such property. (B) Tenant-stockholders of cooperative housing corporations treated as owners \nIn the case of a cooperative housing corporation (as such term is defined in section 216(b)), a tenant-stockholder shall be treated as owning the house or apartment which such person is entitled to occupy. (6) Related party sales not treated as affordable sales \n(A) In general \nA sale between related persons shall not be treated as an affordable sale. (B) Related persons \nFor purposes of this paragraph, a person (in this subparagraph referred to as the related person ) is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of the preceding sentence, in applying section 267(b) or 707(b)(1), 10 percent shall be substituted for 50 percent. (7) Inflation adjustment \n(A) In general \nIn the case of a calendar year after 2023, the dollar amounts in subsections (b)(3)(A), (e)(3)(A)(i)(I), (e)(3)(A)(i)(II), and (i)(2)(C) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding \n(i) In the case of the dollar amounts in subsections (b)(3)(A) and (i)(2)(C), any increase under paragraph (1) which is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000. (ii) In the case of the dollar amount in subsection (e)(3)(A)(i)(I), any increase under paragraph (1) which is not a multiple of $0.01 shall be rounded to the nearest multiple of $0.01. (iii) In the case of the dollar amount in subsection (e)(3)(A)(i)(II), any increase under paragraph (1) which is not a multiple of $100,000 shall be rounded to the nearest multiple of $100,000. (8) Report \n(A) In general \nThe Secretary shall annually issue a report, to be made available to the public, which contains the information submitted pursuant to subsection (f)(1)(F). (B) De-identification \nThe Secretary shall ensure that any information made public pursuant to subparagraph (A) excludes any information that would allow for the identification of qualified homeowners. (9) List of qualified census tracts \nThe Secretary of Housing and Urban Development shall, for each year, make publicly available a list of qualified census tracts under— (A) on a combined basis, clauses (i) and (ii) of subsection (c)(2)(A), (B) clause (iii) of such subsection, and (C) subsection (i)(5)(A). (10) Denial of deductions if converted to rental housing \nIf, during the 5-year period beginning immediately after the affordable sale of a qualified residence referred to in subsection (a), an individual who owns a qualified residence (whether or not such individual was the purchaser in such affordable sale) fails to use such qualified residence as such individual’s principal residence for any period of time, no deduction shall be allowed for expenses paid or incurred by such individual with respect to renting, during such period of time, such qualified residence. (i) Application of credit with respect to owner-Occupied rehabilitations \n(1) In general \nIn the case of a qualified rehabilitation by the taxpayer of any qualified residence which is owned (as of the date that the written binding contract referred to in paragraph (3) is entered into) by a specified homeowner, the rules of paragraphs (2) through (7) shall apply. (2) Alternative credit determination \nIn the case of any qualified residence described in paragraph (1), the neighborhood homes credit determined under subsection (a) with respect to such residence shall (in lieu of any credit otherwise determined under subsection (a) with respect to such residence) be allowed in the taxable year during which the qualified rehabilitation is completed (as determined by the neighborhood homes credit agency) and shall be equal to the least of— (A) the excess (if any) of— (i) the amounts paid or incurred by the taxpayer for the qualified rehabilitation of the qualified residence to the extent that such amounts are certified by the neighborhood homes credit agency (at the time of the completion of such rehabilitation) as meeting the standards specified pursuant to subsection (f)(1)(C), over (ii) any amounts paid to such taxpayer for such rehabilitation, (B) 50 percent of the amounts described in subparagraph (A)(i), or (C) $50,000. (3) Qualified rehabilitation \n(A) In general \nFor purposes of this subsection, the term qualified rehabilitation means a rehabilitation or reconstruction performed pursuant to a written binding contract between the taxpayer and the specified homeowner if the amount paid or incurred by the taxpayer in the performance of such rehabilitation or reconstruction exceeds the dollar amount in effect under subsection (b)(3)(A). (B) Application of limitation to expenses paid or incurred after allocation \nA rule similar to the rule of section (b)(4) shall apply for purposes of this subsection. (4) Specified homeowner \nFor purposes of this subsection, the term qualified homeowner means, with respect to a qualified residence, an individual— (A) who owns and uses such qualified residence as the principal residence of such individual as of the date that the written binding contract referred to in paragraph (3) is entered into, and (B) whose family income (determined as of such date) does not exceed the median family income for the applicable area (with respect to the census tract in which the qualified residence is located). (5) Additional census tracts in which owner-occupied residences may be located \nIn the case of any qualified residence described in paragraph (1), the term qualified census tract includes any census tract which— (A) meets the requirements of subsection (c)(2)(A)(i) without regard to subclause (III) thereof, and (B) is designated by the neighborhood homes credit agency for purposes of this paragraph. (6) Modification of repayment requirement \nIn the case of any qualified residence described in paragraph (1), subsection (g) shall be applied by beginning the 5-year period otherwise described therein on the date on which the qualified homeowner acquired such residence. (7) Related parties \nParagraph (1) shall not apply if the taxpayer is the owner of the qualified residence described in paragraph (1) or is related (within the meaning of subsection (h)(6)(B)) to such owner. (8) Pyrrhotite remediation \nThe requirement of subsection (c)(1)(C) shall not apply to a qualified rehabilitation under this subsection of a qualified residence that is documented by an engineer’s report and core testing to have a foundation that is adversely impacted by pyrrhotite or other iron sulfide minerals. (j) Regulations \nThe Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations that prevent avoidance of the rules, and abuse of the purposes, of this section..", "id": "HCE50A48D321A40DD8C29434E7445FDD7", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Credit allowed as part of general business credit \nSection 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (37), by striking the period at the end of paragraph (38) and inserting , plus , and by adding at the end the following new paragraph: (39) the neighborhood homes credit determined under section 42A(a)..", "id": "H409ED71CFE6F4247B797D1DC1B4D4050", "header": "Credit allowed as part of general business credit", "nested": [], "links": [ { "text": "Section 38(b)", "legal-doc": "usc", "parsable-cite": "usc/26/38" } ] }, { "text": "(c) Credit allowed against alternative minimum tax \nSection 38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by redesignating clauses (iv) through (xii) as clauses (v) through (xiii), respectively, and by inserting after clause (iii) the following new clause: (iv) the credit determined under section 42A,.", "id": "H2E7D52CBB44E4600AA42ED03C9153B85", "header": "Credit allowed against alternative minimum tax", "nested": [], "links": [ { "text": "Section 38(c)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/38" } ] }, { "text": "(d) Basis adjustments \n(1) Energy efficient home improvement credit \nSection 25C(g) of the Internal Revenue Code of 1986 is amended by adding after the first sentence the following new sentence: This subsection shall not apply for purposes of determining the eligible development costs or adjusted basis of any building under section 42A.. (2) Residential clean energy credit \nSection 25D(f) of such Code is amended by adding after the first sentence the following new sentence: This subsection shall not apply for purposes of determining the eligible development costs or adjusted basis of any building under section 42A.. (3) New energy efficient home credit \nSection 45L(e) of such Code is amended by inserting or for purposes of determining the eligible development costs or adjusted basis of any building under section 42A after section 42.", "id": "H2EEACEA86B9C40CFAE10B224E5AB79FB", "header": "Basis adjustments", "nested": [], "links": [ { "text": "Section 25C(g)", "legal-doc": "usc", "parsable-cite": "usc/26/25C" } ] }, { "text": "(e) Exclusion from gross income \nPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: 139J. State energy subsidies for qualified residences \n(a) Exclusion from gross income \nGross income shall not include the value of any subsidy provided to a taxpayer (whether directly or indirectly) by any State energy office (as defined in section 124(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 15821(a) )) for purposes of any energy improvements made to a qualified residence (as defined in section 42A(c)(1))..", "id": "id2e13539c995147c098b79220c22a8c3c", "header": "Exclusion from gross income", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "42 U.S.C. 15821(a)", "legal-doc": "usc", "parsable-cite": "usc/42/15821" } ] }, { "text": "(f) Conforming amendments \n(1) Subsections (i)(3)(C), (i)(6)(B)(i), and (k)(1) of section 469 of the Internal Revenue Code of 1986 are each amended by inserting or 42A after section 42. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 42 the following new item: Sec. 42A. Neighborhood homes credit.. (3) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: Sec. 139J. State energy subsidies for qualified residences..", "id": "id88cbea44355544e29c988fbb106ffc8d", "header": "Conforming amendments", "nested": [], "links": [ { "text": "section 469", "legal-doc": "usc", "parsable-cite": "usc/26/469" } ] }, { "text": "(g) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "HD97957C07CEF4C37B3C58DB12C03F4A8", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "Section 38(b)", "legal-doc": "usc", "parsable-cite": "usc/26/38" }, { "text": "Section 38(c)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/38" }, { "text": "Section 25C(g)", "legal-doc": "usc", "parsable-cite": "usc/26/25C" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "42 U.S.C. 15821(a)", "legal-doc": "usc", "parsable-cite": "usc/42/15821" }, { "text": "section 469", "legal-doc": "usc", "parsable-cite": "usc/26/469" } ] }, { "text": "42A. Neighborhood homes credit \n(a) Allowance of credit \nFor purposes of section 38, the neighborhood homes credit determined under this section for the taxable year is, with respect to each qualified residence sold by the taxpayer during such taxable year in an affordable sale, the lesser of— (1) an amount equal to— (A) the excess (if any) of— (i) the reasonable development costs paid or incurred by the taxpayer with respect to such qualified residence, over (ii) the sale price of such qualified residence (reduced by any reasonable expenses paid or incurred by the taxpayer in connection with such sale), or (B) if the neighborhood homes credit agency determines it is necessary to ensure financial feasibility, an amount not to exceed 120 percent of the amount under subparagraph (A), (2) 35 percent of the eligible development costs paid or incurred by the taxpayer with respect to such qualified residence, or (3) 28 percent of the national median sale price for new homes (as determined pursuant to the most recent census data available as of the date on which the neighborhood homes credit agency makes an allocation for the qualified project). (b) Development costs \nFor purposes of this section— (1) Reasonable development costs \n(A) In general \nThe term reasonable development costs means amounts paid or incurred for the acquisition of buildings and land, construction, substantial rehabilitation, demolition of structures, or environmental remediation, to the extent that the neighborhood homes credit agency determines that such amounts meet the standards specified pursuant to subsection (f)(1)(C) (as of the date on which construction or substantial rehabilitation is substantially complete, as determined by such agency) and are necessary to ensure the financial feasibility of such qualified residence. (B) Considerations in making determination \nIn making the determination under subparagraph (A), the neighborhood homes credit agency shall consider— (i) the sources and uses of funds and the total financing, (ii) any proceeds or receipts generated or expected to be generated by reason of tax benefits, and (iii) the reasonableness of the developmental costs and fees. (2) Eligible development costs \nThe term eligible development costs means the amount which would be reasonable development costs if the amounts taken into account as paid or incurred for the acquisition of buildings and land did not exceed 75 percent of such costs determined without regard to any amount paid or incurred for the acquisition of buildings and land. (3) Substantial rehabilitation \nThe term substantial rehabilitation means amounts paid or incurred for rehabilitation of a qualified residence if such amounts exceed the greater of— (A) $20,000, or (B) 20 percent of the amounts paid or incurred by the taxpayer for the acquisition of buildings and land with respect to such qualified residence. (4) Construction and rehabilitation only after allocation taken into account \n(A) In general \nThe terms reasonable development costs and eligible development costs shall not include any amount paid or incurred before the date on which an allocation is made to the taxpayer under subsection (e) with respect to the qualified project of which the qualified residence is part unless such amount is paid or incurred for the acquisition of buildings or land. (B) Land and building acquisition costs \nAmounts paid or incurred for the acquisition of buildings or land shall be included under paragraph (A) only if paid or incurred not more than 3 years before the date on which the allocation referred to in subparagraph (A) is made. If the taxpayer acquired any building or land from an entity (or any related party to such entity) that holds an ownership interest in the taxpayer, then such entity must also have acquired such property within such 3-year period, and the acquisition cost included under subparagraph (A) with respect to the taxpayer shall not exceed the amount such entity paid or incurred to acquire such property. (c) Qualified residence \nFor purposes of this section— (1) In general \nThe term qualified residence means a residence that— (A) is real property affixed on a permanent foundation, (B) is— (i) a house which is comprised of 4 or fewer residential units, (ii) a condominium unit, or (iii) a house or an apartment owned by a cooperative housing corporation (as defined in section 216(b)), (C) is part of a qualified project with respect to which the neighborhood homes credit agency has made an allocation under subsection (e), and (D) is located in a qualified census tract (determined as of the date of such allocation). (2) Qualified census tract \n(A) In general \nThe term qualified census tract means a census tract— (i) which— (I) has a median family income which does not exceed 80 percent of the median family income for the applicable area, (II) has a poverty rate that is not less than 130 percent of the poverty rate of the applicable area, and (III) has a median value for owner-occupied homes that does not exceed the median value for owner-occupied homes in the applicable area, (ii) which— (I) is located in a city which has a population of not less than 50,000 and such city has a poverty rate that is not less than 150 percent of the poverty rate of the applicable area, (II) has a median family income which does not exceed the median family income for the applicable area, and (III) has a median value for owner-occupied homes that does not exceed 80 percent of the median value for owner-occupied homes in the applicable area, (iii) which— (I) is located in a nonmetropolitan county, (II) has a median family income which does not exceed the median family income for the applicable area, and (III) has been designated by a neighborhood homes credit agency under this clause, or (iv) which is not otherwise a qualified census tract and is located in a disaster area (as defined in section 7508A(d)(3)), but only with respect to credits allocated in any period during which the President of the United States has determined that such area warrants individual or individual and public assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (B) Applicable area \nThe term applicable area means— (i) in the case of a metropolitan census tract, the metropolitan area in which such census tract is located, and (ii) in the case of a census tract other than a census tract described in clause (i), the State. (d) Affordable sale \nFor purposes of this section— (1) In general \nThe term affordable sale means a sale to a qualified homeowner of a qualified residence that the neighborhood homes credit agency certifies as meeting the standards promulgated under subsection (f)(1)(D) for a price that does not exceed— (A) in the case of any qualified residence not described in subparagraph (B), (C), or (D), the amount equal to the product of 4 multiplied by the median family income for the applicable area (as determined pursuant to the most recent census data available as of the date of the contract for such sale), (B) in the case of a house comprised of 2 residential units, 125 percent of the amount described in subparagraph (A), (C) in the case of a house comprised of 3 residential units, 150 percent of the amount described in subparagraph (A), or (D) in the case of a house comprised of 4 residential units, 175 percent of the amount described in subparagraph (A). (2) Qualified homeowner \nThe term qualified homeowner means, with respect to a qualified residence, an individual— (A) who owns and uses such qualified residence as the principal residence of such individual, and (B) whose family income (determined as of the date that a binding contract for the affordable sale of such residence is entered into) is 140 percent or less of the median family income for the applicable area in which the qualified residence is located. (e) Credit ceiling and allocations \n(1) Credit limited based on allocations to qualified projects \n(A) In general \nThe credit allowed under subsection (a) to any taxpayer for any taxable year with respect to one or more qualified residences which are part of the same qualified project shall not exceed the excess (if any) of— (i) the amount allocated by the neighborhood homes credit agency under this paragraph to such taxpayer with respect to such qualified project, over (ii) the aggregate amount of credit allowed under subsection (a) to such taxpayer with respect to qualified residences which are a part of such qualified project for all prior taxable years. (B) Deadline for completion \nNo credit shall be allowed under subsection (a) with respect to any qualified residence unless the affordable sale of such residence is during the 5-year period beginning on the date of the allocation to the qualified project of which such residence is a part (or, in the case of a qualified residence to which subsection (i) applies, the rehabilitation of such residence is completed during such 5-year period). (2) Limitations on allocations to qualified projects \n(A) Allocations limited by State neighborhood homes credit ceiling \nThe aggregate amount allocated to taxpayers with respect to qualified projects by the neighborhood homes credit agency of any State for any calendar year shall not exceed the State neighborhood homes credit amount of such State for such calendar year. (B) Set-aside for certain projects involving qualified nonprofit organizations \nRules similar to the rules of section 42(h)(5) shall apply for purposes of this section. (3) Determination of State neighborhood homes credit ceiling \n(A) In general \nThe State neighborhood homes credit amount for a State for a calendar year is an amount equal to the sum of— (i) the greater of— (I) the product of $7, multiplied by the State population (determined in accordance with section 146(j)), or (II) $9,000,000, and (ii) any amount previously allocated to any taxpayer with respect to any qualified project by the neighborhood homes credit agency of such State which can no longer be allocated to any qualified residence because the 5-year period described in paragraph (1)(B) expires during calendar year. (B) 3-year carryforward of unused limitation \nThe State neighborhood homes credit amount for a State for a calendar year shall be increased by the excess (if any) of the State neighborhood homes credit amount for such State for the preceding calendar year over the aggregate amount allocated by the neighborhood homes credit agency of such State during such preceding calendar year. Any amount carried forward under the preceding sentence shall not be carried past the third calendar year after the calendar year in which such credit amount originally arose, determined on a first-in, first-out basis. (f) Responsibilities of neighborhood homes credit agencies \n(1) In general \nNotwithstanding subsection (e), the State neighborhood homes credit dollar amount shall be zero for a calendar year unless the neighborhood homes credit agency of the State— (A) allocates such amount pursuant to a qualified allocation plan of the neighborhood homes credit agency, (B) allocates not more than 20 percent of amounts allocated in the previous year (or for allocations made in 2023, not more than 20 percent of the neighborhood homes credit ceiling for such year) to projects with respect to qualified residences which— (i) are located in census tracts described in subsection (c)(2)(A)(iii), (c)(2)(A)(iv), (i)(5), or (ii) are not located in a qualified census tract but meet the requirements of subsection (i)(8), (C) promulgates standards with respect to reasonable qualified development costs and fees, (D) promulgates standards with respect to construction quality, (E) in the case of any neighborhood homes credit agency which makes an allocation to a qualified project which includes any qualified residence to which subsection (i) applies, promulgates standards with respect to protecting the owners of such residences, including the capacity of such owners to pay rehabilitation costs not covered by the credit provided by this section and providing for the disclosure to such owners of their rights and responsibilities with respect to the rehabilitation of such residences, (F) submits to the Secretary (at such time and in such manner as the Secretary may prescribe) an annual report specifying— (i) the amount of the neighborhood homes credits allocated to each qualified project for the previous year, (ii) with respect to each qualified residence completed in the preceding calendar year— (I) the census tract in which such qualified residence is located, (II) with respect to the qualified project that includes such qualified residence, the year in which such project received an allocation under this section, (III) whether such qualified residence was new, substantially rehabilitated and sold to a qualified homeowner, or substantially rehabilitated pursuant to subsection (i), (IV) the eligible development costs of such qualified residence, (V) the amount of the neighborhood homes credit with respect to such qualified residence, (VI) the sales price of such qualified residence, if applicable, and (VII) the family income of the qualified homeowner (expressed as a percentage of the applicable area median family income for the location of the qualified residence), and (iii) such other information as the Secretary may require, and (G) makes available to the general public a written explanation for any allocation of a neighborhood homes credit dollar amount which is not made in accordance with established priorities and selection criteria of the neighborhood homes credit agency. Subparagraph (B) shall be applied by substituting 40 percent for 20 percent each place it appears in the case of any State in which at least 45 percent of the State population resides outside metropolitan statistical areas (within the meaning of section 143(k)(2)(B)) and less than 20 percent of the census tracts located in the State are described in subsection (c)(2)(A)(i). (2) Qualified allocation plan \nFor purposes of this subsection, the term qualified allocation plan means any plan which— (A) sets forth the selection criteria to be used to prioritize qualified projects for allocations of State neighborhood homes credit dollar amounts, including— (i) the need for new or substantially rehabilitated owner-occupied homes in the area addressed by the project, (ii) the expected contribution of the project to neighborhood stability and revitalization, including the impact on neighborhood residents, (iii) the capability and prior performance of the project sponsor, and (iv) the likelihood the project will result in long-term homeownership, (B) has been made available for public comment, and (C) provides a procedure that the neighborhood homes credit agency (or any agent or contractor of such agency) shall follow for purposes of— (i) identifying noncompliance with any provisions of this section, and (ii) notifying the Internal Revenue Service of any such noncompliance of which the agency becomes aware. (g) Repayment \n(1) In general \n(A) Sold during 5-year period \nIf a qualified residence is sold during the 5-year period beginning immediately after the affordable sale of such qualified residence referred to in subsection (a), the seller shall transfer an amount equal to the repayment amount to the relevant neighborhood homes credit agency. (B) Use of repayments \nA neighborhood homes credit agency shall use any amount received pursuant to subparagraph (A) only for purposes of qualified projects. (2) Repayment amount \nFor purposes of paragraph (1)(A)— (A) In general \nThe repayment amount is an amount equal to the applicable percentage of the gain from the sale to which the repayment relates. (B) Applicable percentage \nFor purposes of subparagraph (A), the applicable percentage is 50 percent, reduced by 10 percentage points for each year of the 5-year period referred to in paragraph (1)(A) which ends before the date of such sale. (3) Lien for repayment amount \nA neighborhood homes credit agency receiving an allocation under this section shall place a lien on each qualified residence that is built or rehabilitated as part of a qualified project for an amount such agency deems necessary to ensure potential repayment pursuant to paragraph (1)(A). (4) Waiver \n(A) In general \nThe neighborhood homes credit agency may waive the repayment required under paragraph (1)(A) if the agency determines that making a repayment would constitute a hardship to the seller. (B) Hardship \nFor purposes of subparagraph (A), with respect to the seller, a hardship may include— (i) divorce, (ii) disability, (iii) illness, or (iv) any other hardship identified by the neighborhood homes credit agency for purposes of this paragraph. (h) Other definitions and special rules \nFor purposes of this section— (1) Neighborhood homes credit agency \nThe term neighborhood homes credit agency means the agency designated by the governor of a State as the neighborhood homes credit agency of the State. (2) Qualified project \nThe term qualified project means a project that a neighborhood homes credit agency certifies will build or substantially rehabilitate one or more qualified residences. (3) Determinations of family income \nRules similar to the rules of section 143(f)(2) shall apply for purposes of this section. (4) Possessions treated as states \nThe term State includes the District of Columbia and the possessions of the United States. (5) Special rules related to condominiums and cooperative housing corporations \n(A) Determination of development costs \nIn the case of a qualified residence described in clause (ii) or (iii) of subsection (c)(1)(A), the reasonable development costs and eligible development costs of such qualified residence shall be an amount equal to such costs, respectively, of the entire condominium or cooperative housing property in which such qualified residence is located, multiplied by a fraction— (i) the numerator of which is the total floor space of such qualified residence, and (ii) the denominator of which is the total floor space of all residences within such property. (B) Tenant-stockholders of cooperative housing corporations treated as owners \nIn the case of a cooperative housing corporation (as such term is defined in section 216(b)), a tenant-stockholder shall be treated as owning the house or apartment which such person is entitled to occupy. (6) Related party sales not treated as affordable sales \n(A) In general \nA sale between related persons shall not be treated as an affordable sale. (B) Related persons \nFor purposes of this paragraph, a person (in this subparagraph referred to as the related person ) is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of the preceding sentence, in applying section 267(b) or 707(b)(1), 10 percent shall be substituted for 50 percent. (7) Inflation adjustment \n(A) In general \nIn the case of a calendar year after 2023, the dollar amounts in subsections (b)(3)(A), (e)(3)(A)(i)(I), (e)(3)(A)(i)(II), and (i)(2)(C) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding \n(i) In the case of the dollar amounts in subsections (b)(3)(A) and (i)(2)(C), any increase under paragraph (1) which is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000. (ii) In the case of the dollar amount in subsection (e)(3)(A)(i)(I), any increase under paragraph (1) which is not a multiple of $0.01 shall be rounded to the nearest multiple of $0.01. (iii) In the case of the dollar amount in subsection (e)(3)(A)(i)(II), any increase under paragraph (1) which is not a multiple of $100,000 shall be rounded to the nearest multiple of $100,000. (8) Report \n(A) In general \nThe Secretary shall annually issue a report, to be made available to the public, which contains the information submitted pursuant to subsection (f)(1)(F). (B) De-identification \nThe Secretary shall ensure that any information made public pursuant to subparagraph (A) excludes any information that would allow for the identification of qualified homeowners. (9) List of qualified census tracts \nThe Secretary of Housing and Urban Development shall, for each year, make publicly available a list of qualified census tracts under— (A) on a combined basis, clauses (i) and (ii) of subsection (c)(2)(A), (B) clause (iii) of such subsection, and (C) subsection (i)(5)(A). (10) Denial of deductions if converted to rental housing \nIf, during the 5-year period beginning immediately after the affordable sale of a qualified residence referred to in subsection (a), an individual who owns a qualified residence (whether or not such individual was the purchaser in such affordable sale) fails to use such qualified residence as such individual’s principal residence for any period of time, no deduction shall be allowed for expenses paid or incurred by such individual with respect to renting, during such period of time, such qualified residence. (i) Application of credit with respect to owner-Occupied rehabilitations \n(1) In general \nIn the case of a qualified rehabilitation by the taxpayer of any qualified residence which is owned (as of the date that the written binding contract referred to in paragraph (3) is entered into) by a specified homeowner, the rules of paragraphs (2) through (7) shall apply. (2) Alternative credit determination \nIn the case of any qualified residence described in paragraph (1), the neighborhood homes credit determined under subsection (a) with respect to such residence shall (in lieu of any credit otherwise determined under subsection (a) with respect to such residence) be allowed in the taxable year during which the qualified rehabilitation is completed (as determined by the neighborhood homes credit agency) and shall be equal to the least of— (A) the excess (if any) of— (i) the amounts paid or incurred by the taxpayer for the qualified rehabilitation of the qualified residence to the extent that such amounts are certified by the neighborhood homes credit agency (at the time of the completion of such rehabilitation) as meeting the standards specified pursuant to subsection (f)(1)(C), over (ii) any amounts paid to such taxpayer for such rehabilitation, (B) 50 percent of the amounts described in subparagraph (A)(i), or (C) $50,000. (3) Qualified rehabilitation \n(A) In general \nFor purposes of this subsection, the term qualified rehabilitation means a rehabilitation or reconstruction performed pursuant to a written binding contract between the taxpayer and the specified homeowner if the amount paid or incurred by the taxpayer in the performance of such rehabilitation or reconstruction exceeds the dollar amount in effect under subsection (b)(3)(A). (B) Application of limitation to expenses paid or incurred after allocation \nA rule similar to the rule of section (b)(4) shall apply for purposes of this subsection. (4) Specified homeowner \nFor purposes of this subsection, the term qualified homeowner means, with respect to a qualified residence, an individual— (A) who owns and uses such qualified residence as the principal residence of such individual as of the date that the written binding contract referred to in paragraph (3) is entered into, and (B) whose family income (determined as of such date) does not exceed the median family income for the applicable area (with respect to the census tract in which the qualified residence is located). (5) Additional census tracts in which owner-occupied residences may be located \nIn the case of any qualified residence described in paragraph (1), the term qualified census tract includes any census tract which— (A) meets the requirements of subsection (c)(2)(A)(i) without regard to subclause (III) thereof, and (B) is designated by the neighborhood homes credit agency for purposes of this paragraph. (6) Modification of repayment requirement \nIn the case of any qualified residence described in paragraph (1), subsection (g) shall be applied by beginning the 5-year period otherwise described therein on the date on which the qualified homeowner acquired such residence. (7) Related parties \nParagraph (1) shall not apply if the taxpayer is the owner of the qualified residence described in paragraph (1) or is related (within the meaning of subsection (h)(6)(B)) to such owner. (8) Pyrrhotite remediation \nThe requirement of subsection (c)(1)(C) shall not apply to a qualified rehabilitation under this subsection of a qualified residence that is documented by an engineer’s report and core testing to have a foundation that is adversely impacted by pyrrhotite or other iron sulfide minerals. (j) Regulations \nThe Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations that prevent avoidance of the rules, and abuse of the purposes, of this section.", "id": "H60863E0EA4A24EB4B311BD9DE614E664", "header": "Neighborhood homes credit", "nested": [ { "text": "(a) Allowance of credit \nFor purposes of section 38, the neighborhood homes credit determined under this section for the taxable year is, with respect to each qualified residence sold by the taxpayer during such taxable year in an affordable sale, the lesser of— (1) an amount equal to— (A) the excess (if any) of— (i) the reasonable development costs paid or incurred by the taxpayer with respect to such qualified residence, over (ii) the sale price of such qualified residence (reduced by any reasonable expenses paid or incurred by the taxpayer in connection with such sale), or (B) if the neighborhood homes credit agency determines it is necessary to ensure financial feasibility, an amount not to exceed 120 percent of the amount under subparagraph (A), (2) 35 percent of the eligible development costs paid or incurred by the taxpayer with respect to such qualified residence, or (3) 28 percent of the national median sale price for new homes (as determined pursuant to the most recent census data available as of the date on which the neighborhood homes credit agency makes an allocation for the qualified project).", "id": "H72BED3DDBB204CCAA8CDA379DF3235E1", "header": "Allowance of credit", "nested": [], "links": [] }, { "text": "(b) Development costs \nFor purposes of this section— (1) Reasonable development costs \n(A) In general \nThe term reasonable development costs means amounts paid or incurred for the acquisition of buildings and land, construction, substantial rehabilitation, demolition of structures, or environmental remediation, to the extent that the neighborhood homes credit agency determines that such amounts meet the standards specified pursuant to subsection (f)(1)(C) (as of the date on which construction or substantial rehabilitation is substantially complete, as determined by such agency) and are necessary to ensure the financial feasibility of such qualified residence. (B) Considerations in making determination \nIn making the determination under subparagraph (A), the neighborhood homes credit agency shall consider— (i) the sources and uses of funds and the total financing, (ii) any proceeds or receipts generated or expected to be generated by reason of tax benefits, and (iii) the reasonableness of the developmental costs and fees. (2) Eligible development costs \nThe term eligible development costs means the amount which would be reasonable development costs if the amounts taken into account as paid or incurred for the acquisition of buildings and land did not exceed 75 percent of such costs determined without regard to any amount paid or incurred for the acquisition of buildings and land. (3) Substantial rehabilitation \nThe term substantial rehabilitation means amounts paid or incurred for rehabilitation of a qualified residence if such amounts exceed the greater of— (A) $20,000, or (B) 20 percent of the amounts paid or incurred by the taxpayer for the acquisition of buildings and land with respect to such qualified residence. (4) Construction and rehabilitation only after allocation taken into account \n(A) In general \nThe terms reasonable development costs and eligible development costs shall not include any amount paid or incurred before the date on which an allocation is made to the taxpayer under subsection (e) with respect to the qualified project of which the qualified residence is part unless such amount is paid or incurred for the acquisition of buildings or land. (B) Land and building acquisition costs \nAmounts paid or incurred for the acquisition of buildings or land shall be included under paragraph (A) only if paid or incurred not more than 3 years before the date on which the allocation referred to in subparagraph (A) is made. If the taxpayer acquired any building or land from an entity (or any related party to such entity) that holds an ownership interest in the taxpayer, then such entity must also have acquired such property within such 3-year period, and the acquisition cost included under subparagraph (A) with respect to the taxpayer shall not exceed the amount such entity paid or incurred to acquire such property.", "id": "H0E9613FBBBC444579B47F80205AF0811", "header": "Development costs", "nested": [], "links": [] }, { "text": "(c) Qualified residence \nFor purposes of this section— (1) In general \nThe term qualified residence means a residence that— (A) is real property affixed on a permanent foundation, (B) is— (i) a house which is comprised of 4 or fewer residential units, (ii) a condominium unit, or (iii) a house or an apartment owned by a cooperative housing corporation (as defined in section 216(b)), (C) is part of a qualified project with respect to which the neighborhood homes credit agency has made an allocation under subsection (e), and (D) is located in a qualified census tract (determined as of the date of such allocation). (2) Qualified census tract \n(A) In general \nThe term qualified census tract means a census tract— (i) which— (I) has a median family income which does not exceed 80 percent of the median family income for the applicable area, (II) has a poverty rate that is not less than 130 percent of the poverty rate of the applicable area, and (III) has a median value for owner-occupied homes that does not exceed the median value for owner-occupied homes in the applicable area, (ii) which— (I) is located in a city which has a population of not less than 50,000 and such city has a poverty rate that is not less than 150 percent of the poverty rate of the applicable area, (II) has a median family income which does not exceed the median family income for the applicable area, and (III) has a median value for owner-occupied homes that does not exceed 80 percent of the median value for owner-occupied homes in the applicable area, (iii) which— (I) is located in a nonmetropolitan county, (II) has a median family income which does not exceed the median family income for the applicable area, and (III) has been designated by a neighborhood homes credit agency under this clause, or (iv) which is not otherwise a qualified census tract and is located in a disaster area (as defined in section 7508A(d)(3)), but only with respect to credits allocated in any period during which the President of the United States has determined that such area warrants individual or individual and public assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (B) Applicable area \nThe term applicable area means— (i) in the case of a metropolitan census tract, the metropolitan area in which such census tract is located, and (ii) in the case of a census tract other than a census tract described in clause (i), the State.", "id": "HB9A3BDEB35664101954B655A7C6B283D", "header": "Qualified residence", "nested": [], "links": [] }, { "text": "(d) Affordable sale \nFor purposes of this section— (1) In general \nThe term affordable sale means a sale to a qualified homeowner of a qualified residence that the neighborhood homes credit agency certifies as meeting the standards promulgated under subsection (f)(1)(D) for a price that does not exceed— (A) in the case of any qualified residence not described in subparagraph (B), (C), or (D), the amount equal to the product of 4 multiplied by the median family income for the applicable area (as determined pursuant to the most recent census data available as of the date of the contract for such sale), (B) in the case of a house comprised of 2 residential units, 125 percent of the amount described in subparagraph (A), (C) in the case of a house comprised of 3 residential units, 150 percent of the amount described in subparagraph (A), or (D) in the case of a house comprised of 4 residential units, 175 percent of the amount described in subparagraph (A). (2) Qualified homeowner \nThe term qualified homeowner means, with respect to a qualified residence, an individual— (A) who owns and uses such qualified residence as the principal residence of such individual, and (B) whose family income (determined as of the date that a binding contract for the affordable sale of such residence is entered into) is 140 percent or less of the median family income for the applicable area in which the qualified residence is located.", "id": "H32B0BA1A6ADD4EF88370FCE9C9F7B3E8", "header": "Affordable sale", "nested": [], "links": [] }, { "text": "(e) Credit ceiling and allocations \n(1) Credit limited based on allocations to qualified projects \n(A) In general \nThe credit allowed under subsection (a) to any taxpayer for any taxable year with respect to one or more qualified residences which are part of the same qualified project shall not exceed the excess (if any) of— (i) the amount allocated by the neighborhood homes credit agency under this paragraph to such taxpayer with respect to such qualified project, over (ii) the aggregate amount of credit allowed under subsection (a) to such taxpayer with respect to qualified residences which are a part of such qualified project for all prior taxable years. (B) Deadline for completion \nNo credit shall be allowed under subsection (a) with respect to any qualified residence unless the affordable sale of such residence is during the 5-year period beginning on the date of the allocation to the qualified project of which such residence is a part (or, in the case of a qualified residence to which subsection (i) applies, the rehabilitation of such residence is completed during such 5-year period). (2) Limitations on allocations to qualified projects \n(A) Allocations limited by State neighborhood homes credit ceiling \nThe aggregate amount allocated to taxpayers with respect to qualified projects by the neighborhood homes credit agency of any State for any calendar year shall not exceed the State neighborhood homes credit amount of such State for such calendar year. (B) Set-aside for certain projects involving qualified nonprofit organizations \nRules similar to the rules of section 42(h)(5) shall apply for purposes of this section. (3) Determination of State neighborhood homes credit ceiling \n(A) In general \nThe State neighborhood homes credit amount for a State for a calendar year is an amount equal to the sum of— (i) the greater of— (I) the product of $7, multiplied by the State population (determined in accordance with section 146(j)), or (II) $9,000,000, and (ii) any amount previously allocated to any taxpayer with respect to any qualified project by the neighborhood homes credit agency of such State which can no longer be allocated to any qualified residence because the 5-year period described in paragraph (1)(B) expires during calendar year. (B) 3-year carryforward of unused limitation \nThe State neighborhood homes credit amount for a State for a calendar year shall be increased by the excess (if any) of the State neighborhood homes credit amount for such State for the preceding calendar year over the aggregate amount allocated by the neighborhood homes credit agency of such State during such preceding calendar year. Any amount carried forward under the preceding sentence shall not be carried past the third calendar year after the calendar year in which such credit amount originally arose, determined on a first-in, first-out basis.", "id": "HA6C9119CF3784C7584FDDCEEB0F8E981", "header": "Credit ceiling and allocations", "nested": [], "links": [] }, { "text": "(f) Responsibilities of neighborhood homes credit agencies \n(1) In general \nNotwithstanding subsection (e), the State neighborhood homes credit dollar amount shall be zero for a calendar year unless the neighborhood homes credit agency of the State— (A) allocates such amount pursuant to a qualified allocation plan of the neighborhood homes credit agency, (B) allocates not more than 20 percent of amounts allocated in the previous year (or for allocations made in 2023, not more than 20 percent of the neighborhood homes credit ceiling for such year) to projects with respect to qualified residences which— (i) are located in census tracts described in subsection (c)(2)(A)(iii), (c)(2)(A)(iv), (i)(5), or (ii) are not located in a qualified census tract but meet the requirements of subsection (i)(8), (C) promulgates standards with respect to reasonable qualified development costs and fees, (D) promulgates standards with respect to construction quality, (E) in the case of any neighborhood homes credit agency which makes an allocation to a qualified project which includes any qualified residence to which subsection (i) applies, promulgates standards with respect to protecting the owners of such residences, including the capacity of such owners to pay rehabilitation costs not covered by the credit provided by this section and providing for the disclosure to such owners of their rights and responsibilities with respect to the rehabilitation of such residences, (F) submits to the Secretary (at such time and in such manner as the Secretary may prescribe) an annual report specifying— (i) the amount of the neighborhood homes credits allocated to each qualified project for the previous year, (ii) with respect to each qualified residence completed in the preceding calendar year— (I) the census tract in which such qualified residence is located, (II) with respect to the qualified project that includes such qualified residence, the year in which such project received an allocation under this section, (III) whether such qualified residence was new, substantially rehabilitated and sold to a qualified homeowner, or substantially rehabilitated pursuant to subsection (i), (IV) the eligible development costs of such qualified residence, (V) the amount of the neighborhood homes credit with respect to such qualified residence, (VI) the sales price of such qualified residence, if applicable, and (VII) the family income of the qualified homeowner (expressed as a percentage of the applicable area median family income for the location of the qualified residence), and (iii) such other information as the Secretary may require, and (G) makes available to the general public a written explanation for any allocation of a neighborhood homes credit dollar amount which is not made in accordance with established priorities and selection criteria of the neighborhood homes credit agency. Subparagraph (B) shall be applied by substituting 40 percent for 20 percent each place it appears in the case of any State in which at least 45 percent of the State population resides outside metropolitan statistical areas (within the meaning of section 143(k)(2)(B)) and less than 20 percent of the census tracts located in the State are described in subsection (c)(2)(A)(i). (2) Qualified allocation plan \nFor purposes of this subsection, the term qualified allocation plan means any plan which— (A) sets forth the selection criteria to be used to prioritize qualified projects for allocations of State neighborhood homes credit dollar amounts, including— (i) the need for new or substantially rehabilitated owner-occupied homes in the area addressed by the project, (ii) the expected contribution of the project to neighborhood stability and revitalization, including the impact on neighborhood residents, (iii) the capability and prior performance of the project sponsor, and (iv) the likelihood the project will result in long-term homeownership, (B) has been made available for public comment, and (C) provides a procedure that the neighborhood homes credit agency (or any agent or contractor of such agency) shall follow for purposes of— (i) identifying noncompliance with any provisions of this section, and (ii) notifying the Internal Revenue Service of any such noncompliance of which the agency becomes aware.", "id": "HF4D8AFA8193B4868A37ACA7CB4CDBF95", "header": "Responsibilities of neighborhood homes credit agencies", "nested": [], "links": [] }, { "text": "(g) Repayment \n(1) In general \n(A) Sold during 5-year period \nIf a qualified residence is sold during the 5-year period beginning immediately after the affordable sale of such qualified residence referred to in subsection (a), the seller shall transfer an amount equal to the repayment amount to the relevant neighborhood homes credit agency. (B) Use of repayments \nA neighborhood homes credit agency shall use any amount received pursuant to subparagraph (A) only for purposes of qualified projects. (2) Repayment amount \nFor purposes of paragraph (1)(A)— (A) In general \nThe repayment amount is an amount equal to the applicable percentage of the gain from the sale to which the repayment relates. (B) Applicable percentage \nFor purposes of subparagraph (A), the applicable percentage is 50 percent, reduced by 10 percentage points for each year of the 5-year period referred to in paragraph (1)(A) which ends before the date of such sale. (3) Lien for repayment amount \nA neighborhood homes credit agency receiving an allocation under this section shall place a lien on each qualified residence that is built or rehabilitated as part of a qualified project for an amount such agency deems necessary to ensure potential repayment pursuant to paragraph (1)(A). (4) Waiver \n(A) In general \nThe neighborhood homes credit agency may waive the repayment required under paragraph (1)(A) if the agency determines that making a repayment would constitute a hardship to the seller. (B) Hardship \nFor purposes of subparagraph (A), with respect to the seller, a hardship may include— (i) divorce, (ii) disability, (iii) illness, or (iv) any other hardship identified by the neighborhood homes credit agency for purposes of this paragraph.", "id": "H4688F21A66AF45FAB9C04BC9D7F0F895", "header": "Repayment", "nested": [], "links": [] }, { "text": "(h) Other definitions and special rules \nFor purposes of this section— (1) Neighborhood homes credit agency \nThe term neighborhood homes credit agency means the agency designated by the governor of a State as the neighborhood homes credit agency of the State. (2) Qualified project \nThe term qualified project means a project that a neighborhood homes credit agency certifies will build or substantially rehabilitate one or more qualified residences. (3) Determinations of family income \nRules similar to the rules of section 143(f)(2) shall apply for purposes of this section. (4) Possessions treated as states \nThe term State includes the District of Columbia and the possessions of the United States. (5) Special rules related to condominiums and cooperative housing corporations \n(A) Determination of development costs \nIn the case of a qualified residence described in clause (ii) or (iii) of subsection (c)(1)(A), the reasonable development costs and eligible development costs of such qualified residence shall be an amount equal to such costs, respectively, of the entire condominium or cooperative housing property in which such qualified residence is located, multiplied by a fraction— (i) the numerator of which is the total floor space of such qualified residence, and (ii) the denominator of which is the total floor space of all residences within such property. (B) Tenant-stockholders of cooperative housing corporations treated as owners \nIn the case of a cooperative housing corporation (as such term is defined in section 216(b)), a tenant-stockholder shall be treated as owning the house or apartment which such person is entitled to occupy. (6) Related party sales not treated as affordable sales \n(A) In general \nA sale between related persons shall not be treated as an affordable sale. (B) Related persons \nFor purposes of this paragraph, a person (in this subparagraph referred to as the related person ) is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of the preceding sentence, in applying section 267(b) or 707(b)(1), 10 percent shall be substituted for 50 percent. (7) Inflation adjustment \n(A) In general \nIn the case of a calendar year after 2023, the dollar amounts in subsections (b)(3)(A), (e)(3)(A)(i)(I), (e)(3)(A)(i)(II), and (i)(2)(C) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding \n(i) In the case of the dollar amounts in subsections (b)(3)(A) and (i)(2)(C), any increase under paragraph (1) which is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000. (ii) In the case of the dollar amount in subsection (e)(3)(A)(i)(I), any increase under paragraph (1) which is not a multiple of $0.01 shall be rounded to the nearest multiple of $0.01. (iii) In the case of the dollar amount in subsection (e)(3)(A)(i)(II), any increase under paragraph (1) which is not a multiple of $100,000 shall be rounded to the nearest multiple of $100,000. (8) Report \n(A) In general \nThe Secretary shall annually issue a report, to be made available to the public, which contains the information submitted pursuant to subsection (f)(1)(F). (B) De-identification \nThe Secretary shall ensure that any information made public pursuant to subparagraph (A) excludes any information that would allow for the identification of qualified homeowners. (9) List of qualified census tracts \nThe Secretary of Housing and Urban Development shall, for each year, make publicly available a list of qualified census tracts under— (A) on a combined basis, clauses (i) and (ii) of subsection (c)(2)(A), (B) clause (iii) of such subsection, and (C) subsection (i)(5)(A). (10) Denial of deductions if converted to rental housing \nIf, during the 5-year period beginning immediately after the affordable sale of a qualified residence referred to in subsection (a), an individual who owns a qualified residence (whether or not such individual was the purchaser in such affordable sale) fails to use such qualified residence as such individual’s principal residence for any period of time, no deduction shall be allowed for expenses paid or incurred by such individual with respect to renting, during such period of time, such qualified residence.", "id": "H5C34BBA8D8BD4D00B106A34797F75E17", "header": "Other definitions and special rules", "nested": [], "links": [] }, { "text": "(i) Application of credit with respect to owner-Occupied rehabilitations \n(1) In general \nIn the case of a qualified rehabilitation by the taxpayer of any qualified residence which is owned (as of the date that the written binding contract referred to in paragraph (3) is entered into) by a specified homeowner, the rules of paragraphs (2) through (7) shall apply. (2) Alternative credit determination \nIn the case of any qualified residence described in paragraph (1), the neighborhood homes credit determined under subsection (a) with respect to such residence shall (in lieu of any credit otherwise determined under subsection (a) with respect to such residence) be allowed in the taxable year during which the qualified rehabilitation is completed (as determined by the neighborhood homes credit agency) and shall be equal to the least of— (A) the excess (if any) of— (i) the amounts paid or incurred by the taxpayer for the qualified rehabilitation of the qualified residence to the extent that such amounts are certified by the neighborhood homes credit agency (at the time of the completion of such rehabilitation) as meeting the standards specified pursuant to subsection (f)(1)(C), over (ii) any amounts paid to such taxpayer for such rehabilitation, (B) 50 percent of the amounts described in subparagraph (A)(i), or (C) $50,000. (3) Qualified rehabilitation \n(A) In general \nFor purposes of this subsection, the term qualified rehabilitation means a rehabilitation or reconstruction performed pursuant to a written binding contract between the taxpayer and the specified homeowner if the amount paid or incurred by the taxpayer in the performance of such rehabilitation or reconstruction exceeds the dollar amount in effect under subsection (b)(3)(A). (B) Application of limitation to expenses paid or incurred after allocation \nA rule similar to the rule of section (b)(4) shall apply for purposes of this subsection. (4) Specified homeowner \nFor purposes of this subsection, the term qualified homeowner means, with respect to a qualified residence, an individual— (A) who owns and uses such qualified residence as the principal residence of such individual as of the date that the written binding contract referred to in paragraph (3) is entered into, and (B) whose family income (determined as of such date) does not exceed the median family income for the applicable area (with respect to the census tract in which the qualified residence is located). (5) Additional census tracts in which owner-occupied residences may be located \nIn the case of any qualified residence described in paragraph (1), the term qualified census tract includes any census tract which— (A) meets the requirements of subsection (c)(2)(A)(i) without regard to subclause (III) thereof, and (B) is designated by the neighborhood homes credit agency for purposes of this paragraph. (6) Modification of repayment requirement \nIn the case of any qualified residence described in paragraph (1), subsection (g) shall be applied by beginning the 5-year period otherwise described therein on the date on which the qualified homeowner acquired such residence. (7) Related parties \nParagraph (1) shall not apply if the taxpayer is the owner of the qualified residence described in paragraph (1) or is related (within the meaning of subsection (h)(6)(B)) to such owner. (8) Pyrrhotite remediation \nThe requirement of subsection (c)(1)(C) shall not apply to a qualified rehabilitation under this subsection of a qualified residence that is documented by an engineer’s report and core testing to have a foundation that is adversely impacted by pyrrhotite or other iron sulfide minerals.", "id": "HD222BFA884B444C185A9836171DC062C", "header": "Application of credit with respect to owner-Occupied rehabilitations", "nested": [], "links": [] }, { "text": "(j) Regulations \nThe Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations that prevent avoidance of the rules, and abuse of the purposes, of this section.", "id": "HD97D51BD9A664A8D9053607B225D1D9D", "header": "Regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "139J. State energy subsidies for qualified residences \n(a) Exclusion from gross income \nGross income shall not include the value of any subsidy provided to a taxpayer (whether directly or indirectly) by any State energy office (as defined in section 124(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 15821(a) )) for purposes of any energy improvements made to a qualified residence (as defined in section 42A(c)(1)).", "id": "HCD77234C55644A8D867B10B80F713F25", "header": "State energy subsidies for qualified residences", "nested": [ { "text": "(a) Exclusion from gross income \nGross income shall not include the value of any subsidy provided to a taxpayer (whether directly or indirectly) by any State energy office (as defined in section 124(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 15821(a) )) for purposes of any energy improvements made to a qualified residence (as defined in section 42A(c)(1)).", "id": "H16A325835C09418CB9FCD3FD97AFD38F", "header": "Exclusion from gross income", "nested": [], "links": [ { "text": "42 U.S.C. 15821(a)", "legal-doc": "usc", "parsable-cite": "usc/42/15821" } ] } ], "links": [ { "text": "42 U.S.C. 15821(a)", "legal-doc": "usc", "parsable-cite": "usc/42/15821" } ] } ]

[ "Housing finance and home ownership", "Income tax credits", "Income tax exclusion", "Real estate business", "Residential rehabilitation and home repair", "State and local taxation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Access to Infertility Treatment and Care Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds as follows: (1) Infertility is a medical disease recognized by the World Health Organization, the American Society for Reproductive Medicine, and the American Medical Association that affects men and women equally. (2) According to the Centers for Disease Control and Prevention, 1 in 8 couples have difficulty getting pregnant or sustaining a pregnancy. (3) Infertility affects a broad spectrum of prospective parents. No matter what race, religion, sexual orientation, or economic status one is, infertility does not discriminate. (4) According to the Centers for Disease Control and Prevention, 11 percent of women in the United States between the ages of 15 and 44 have difficulty getting pregnant or staying pregnant. Similarly, 9 percent of men in the United States between the ages of 15 and 44 experience infertility. (5) Infertility disproportionately affects individuals with particular health complications. For cancer patients and others who must undergo treatments such as chemotherapy, radiation therapy, hormone therapy, or surgery that are likely to harm the reproductive system and organs, fertility preservation becomes necessary. (6) Leading causes of infertility include chronic conditions and diseases of the endocrine or metabolic systems, such as primary ovarian insufficiency, polycystic ovarian syndrome, endometriosis, thyroid disorders, menstrual cycle defects, autoimmune disorders, hormonal imbalances, testicular disorders, and urological health issues. Other causes include structural problems or blockages within the reproductive system, exposure to infectious diseases, occupational or environmental hazards, or genetic influences. (7) Recent improvements in therapy and cryopreservation make pregnancy possible for more people than in past years. (8) Like all other diseases, infertility and its treatments should be covered by health insurance. (9) A 2017 national survey of employer-sponsored health plans found that 44 percent of employers with at least 500 employees did not cover infertility services, and 25 percent of companies with 20,000 or more employees did not cover infertility services. (10) Coverage for infertility services under State Medicaid programs is limited. The Medicaid programs of only 5 States provide diagnostic testing for women and men in all of their program eligibility pathways; the Medicaid program of only one State provides coverage for certain medications for women experiencing infertility; and no State Medicaid programs cover intrauterine insemination or in vitro fertilization. (11) States that do not require private insurance coverage of assisted reproductive technology have higher rates of multiple births. (12) The ability to have a family should not be denied to anyone on account of a lack of insurance coverage for medically necessary treatment.", "id": "id0D24A08752D5408B99DF03169CB1A92C", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility \n(a) In general \n(1) PHSA \nPart D of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–111 et seq. ) is amended by adding at the end the following: 2799A–11. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility \n(a) In general \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall ensure that such plan or coverage provides coverage for— (1) the treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan or coverage provides coverage for obstetrical services; and (2) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (b) Definitions \nIn this section: (1) the term assisted reproductive technology means treatments or procedures that involve the handling of human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including in vitro fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, and gestational surrogacy; (2) the term infertility means a disease, characterized by the failure to establish a clinical pregnancy— (A) after 12 months of regular, unprotected sexual intercourse; or (B) due to a person's incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing; and (3) the term iatrogenic infertility means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment. (c) Required coverage \n(1) Coverage for infertility \nSubject to paragraph (3), a group health plan and a health insurance issuer offering group or individual health insurance coverage that includes coverage for obstetrical services shall provide coverage for treatment of infertility determined appropriate by the treating provider, including, as appropriate, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other non-experimental treatment, as determined by the Secretary in consultation with appropriate professional and patient organizations. (2) Coverage for iatrogenic infertility \nA group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide coverage of fertility preservation services for individuals who undergo medically necessary treatment that may cause iatrogenic infertility, as determined by the treating provider, including cryopreservation of gametes and other procedures, as determined by the Secretary, consistent with established medical practices and professional guidelines published by professional medical organizations. (3) Limitation on coverage of assisted reproductive technology \nA group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide coverage for assisted reproductive technology as required under paragraph (1) if— (A) the individual is unable to bring a pregnancy to a live birth through minimally invasive infertility treatments, as determined appropriate by the treating provider, with consideration given to participant's, beneficiary's, or enrollee's specific diagnoses or condition for which coverage is available under the plan or coverage; and (B) the treatment is performed at a medical facility that is in compliance with any standards set by an appropriate Federal agency. (d) Limitation \nCost-sharing, including deductibles and coinsurance, or other limitations for infertility and services to prevent iatrogenic infertility may not be imposed with respect to the services required to be covered under subsection (c) to the extent that such cost-sharing exceeds the cost-sharing applied to similar services under the group health plan or health insurance coverage or such other limitations are different from limitations imposed with respect to such similar services. (e) Prohibitions \nA group health plan and a health insurance issuer offering group or individual health insurance coverage may not— (1) provide incentives (monetary or otherwise) to a participant, beneficiary, or enrollee to encourage such participant, beneficiary, or enrollee not to be provided infertility treatments or fertility preservation services to which such participant, beneficiary, or enrollee is entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants, beneficiaries, or enrollees; (2) prohibit a provider from discussing with a participant, beneficiary, or enrollee infertility treatments or fertility preservation technology or medical treatment options relating to this section; or (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments or fertility preservation services to a qualified participant, beneficiary, or enrollee in accordance with this section. (f) Rule of construction \nNothing in this section shall be construed to require a participant, beneficiary, or enrollee to undergo infertility treatments or fertility preservation services. (g) Notice \nA group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide notice to each participant, beneficiary, and enrollee under such plan or coverage regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted— (1) in the next mailing made by the plan or issuer to the participant, beneficiary, or enrollee; (2) as part of any yearly informational packet sent to the participant, beneficiary, or enrollee; or (3) not later than January 1, 2024, whichever is earlier. (h) Level and type of reimbursements \nNothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group or individual health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.. (2) ERISA \n(A) In general \nSubpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185 et seq. ) is amended by adding at the end the following: 726. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility \n(a) In general \nA group health plan or a health insurance issuer offering group health insurance coverage shall ensure that such plan or coverage provides coverage for— (1) the treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan or coverage provides coverage for obstetrical services; and (2) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (b) Definitions \nIn this section: (1) the term assisted reproductive technology means treatments or procedures that involve the handling of human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including in vitro fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, and gestational surrogacy; (2) the term infertility means a disease, characterized by the failure to establish a clinical pregnancy— (A) after 12 months of regular, unprotected sexual intercourse; or (B) due to a person's incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing; and (3) the term iatrogenic infertility means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment. (c) Required coverage \n(1) Coverage for infertility \nSubject to paragraph (3), a group health plan and a health insurance issuer offering group health insurance coverage that includes coverage for obstetrical services shall provide coverage for treatment of infertility determined appropriate by the treating provider, including, as appropriate, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other non-experimental treatment, as determined by the Secretary in consultation with appropriate professional and patient organizations. (2) Coverage for iatrogenic infertility \nA group health plan and a health insurance issuer offering group health insurance coverage shall provide coverage of fertility preservation services for individuals who undergo medically necessary treatment that may cause iatrogenic infertility, as determined by the treating provider, including cryopreservation of gametes and other procedures, as determined by the Secretary, consistent with established medical practices and professional guidelines published by professional medical organizations. (3) Limitation on coverage of assisted reproductive technology \nA group health plan and a health insurance issuer offering group health insurance coverage shall provide coverage for assisted reproductive technology as required under paragraph (1) if— (A) the individual is unable to bring a pregnancy to a live birth through minimally invasive infertility treatments, as determined appropriate by the treating provider, with consideration given to participant's or beneficiary's specific diagnoses or condition for which coverage is available under the plan or coverage; and (B) the treatment is performed at a medical facility that is in compliance with any standards set by an appropriate Federal agency. (d) Limitation \nCost-sharing, including deductibles and coinsurance, or other limitations for infertility and services to prevent iatrogenic infertility may not be imposed with respect to the services required to be covered under subsection (c) to the extent that such cost-sharing exceeds the cost-sharing applied to similar services under the group health plan or health insurance coverage or such other limitations are different from limitations imposed with respect to such similar services. (e) Prohibitions \nA group health plan and a health insurance issuer offering group health insurance coverage may not— (1) provide incentives (monetary or otherwise) to a participant or beneficiary to encourage such participant or beneficiary not to be provided infertility treatments or fertility preservation services to which such participant or beneficiary is entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants or beneficiaries; (2) prohibit a provider from discussing with a participant or beneficiary infertility treatments or fertility preservation technology or medical treatment options relating to this section; or (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments or fertility preservation services to a qualified participant or beneficiary in accordance with this section. (f) Rule of construction \nNothing in this section shall be construed to require a participant or beneficiary to undergo infertility treatments or fertility preservation services. (g) Notice \nA group health plan and a health insurance issuer offering group health insurance coverage shall provide notice to each participant and beneficiary under such plan or coverage regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted— (1) in the next mailing made by the plan or issuer to the participant or beneficiary; (2) as part of any yearly informational packet sent to the participant or beneficiary; or (3) not later than January 1, 2024, whichever is earlier. (h) Level and type of reimbursements \nNothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.. (B) Clerical amendment \nThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 725 the following new item: Sec. 726. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility.. (3) IRC \n(A) In general \nSubchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following: 9826. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility \n(a) In general \nA group health plan shall ensure that such plan provides coverage for— (1) the treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan provides coverage for obstetrical services; and (2) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (b) Definitions \nIn this section: (1) the term assisted reproductive technology means treatments or procedures that involve the handling of human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including in vitro fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, and gestational surrogacy; (2) the term infertility means a disease, characterized by the failure to establish a clinical pregnancy— (A) after 12 months of regular, unprotected sexual intercourse; or (B) due to a person's incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing; and (3) the term iatrogenic infertility means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment. (c) Required coverage \n(1) Coverage for infertility \nSubject to paragraph (3), a group health plan that includes coverage for obstetrical services shall provide coverage for treatment of infertility determined appropriate by the treating provider, including, as appropriate, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other non-experimental treatment, as determined by the Secretary in consultation with appropriate professional and patient organizations. (2) Coverage for iatrogenic infertility \nA group health plan shall provide coverage of fertility preservation services for individuals who undergo medically necessary treatment that may cause iatrogenic infertility, as determined by the treating provider, including cryopreservation of gametes and other procedures, as determined by the Secretary, consistent with established medical practices and professional guidelines published by professional medical organizations. (3) Limitation on coverage of assisted reproductive technology \nA group health plan shall provide coverage for assisted reproductive technology as required under paragraph (1) if— (A) the individual is unable to bring a pregnancy to a live birth through minimally invasive infertility treatments, as determined appropriate by the treating provider, with consideration given to participant's or beneficiary's specific diagnoses or condition for which coverage is available under the plan; and (B) the treatment is performed at a medical facility that is in compliance with any standards set by an appropriate Federal agency. (d) Limitation \nCost-sharing, including deductibles and coinsurance, or other limitations for infertility and services to prevent iatrogenic infertility may not be imposed with respect to the services required to be covered under subsection (c) to the extent that such cost-sharing exceeds the cost-sharing applied to similar services under the group health plan or such other limitations are different from limitations imposed with respect to such similar services. (e) Prohibitions \nA group health plan may not— (1) provide incentives (monetary or otherwise) to a participant or beneficiary to encourage such participant or beneficiary not to be provided infertility treatments or fertility preservation services to which such participant or beneficiary is entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants or beneficiaries; (2) prohibit a provider from discussing with a participant or beneficiary infertility treatments or fertility preservation technology or medical treatment options relating to this section; or (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments or fertility preservation services to a qualified participant or beneficiary in accordance with this section. (f) Rule of construction \nNothing in this section shall be construed to require a participant or beneficiary to undergo infertility treatments or fertility preservation services. (g) Notice \nA group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan and shall be transmitted— (1) in the next mailing made by the plan to the participant or beneficiary; (2) as part of any yearly informational packet sent to the participant or beneficiary; or (3) not later than January 1, 2024, whichever is earlier. (h) Level and type of reimbursements \nNothing in this section shall be construed to prevent a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.. (B) Clerical amendment \nThe table of sections for subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 9826. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility.. (b) Conforming amendment \nSection 2724(c) of the Public Health Service Act ( 42 U.S.C. 300gg–23(c) ) is amended by striking section 2704 and inserting sections 2704 and 2708. (c) Effective dates \n(1) In general \nThe amendments made by subsections (a) and (b) shall apply for plan years beginning on or after the date that is 6 months after the date of enactment of this Act. (2) Collective bargaining exception \n(A) In general \nIn the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of enactment of this Act, the amendments made by subsection (a) shall not apply to plan years beginning before the later of— (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) the date occurring 6 months after the date of the enactment of this Act. (B) Clarification \nFor purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement.", "id": "idD6091FD0E9CF41A8A93BBA33985E8CE8", "header": "Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility", "nested": [ { "text": "(a) In general \n(1) PHSA \nPart D of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–111 et seq. ) is amended by adding at the end the following: 2799A–11. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility \n(a) In general \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall ensure that such plan or coverage provides coverage for— (1) the treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan or coverage provides coverage for obstetrical services; and (2) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (b) Definitions \nIn this section: (1) the term assisted reproductive technology means treatments or procedures that involve the handling of human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including in vitro fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, and gestational surrogacy; (2) the term infertility means a disease, characterized by the failure to establish a clinical pregnancy— (A) after 12 months of regular, unprotected sexual intercourse; or (B) due to a person's incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing; and (3) the term iatrogenic infertility means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment. (c) Required coverage \n(1) Coverage for infertility \nSubject to paragraph (3), a group health plan and a health insurance issuer offering group or individual health insurance coverage that includes coverage for obstetrical services shall provide coverage for treatment of infertility determined appropriate by the treating provider, including, as appropriate, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other non-experimental treatment, as determined by the Secretary in consultation with appropriate professional and patient organizations. (2) Coverage for iatrogenic infertility \nA group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide coverage of fertility preservation services for individuals who undergo medically necessary treatment that may cause iatrogenic infertility, as determined by the treating provider, including cryopreservation of gametes and other procedures, as determined by the Secretary, consistent with established medical practices and professional guidelines published by professional medical organizations. (3) Limitation on coverage of assisted reproductive technology \nA group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide coverage for assisted reproductive technology as required under paragraph (1) if— (A) the individual is unable to bring a pregnancy to a live birth through minimally invasive infertility treatments, as determined appropriate by the treating provider, with consideration given to participant's, beneficiary's, or enrollee's specific diagnoses or condition for which coverage is available under the plan or coverage; and (B) the treatment is performed at a medical facility that is in compliance with any standards set by an appropriate Federal agency. (d) Limitation \nCost-sharing, including deductibles and coinsurance, or other limitations for infertility and services to prevent iatrogenic infertility may not be imposed with respect to the services required to be covered under subsection (c) to the extent that such cost-sharing exceeds the cost-sharing applied to similar services under the group health plan or health insurance coverage or such other limitations are different from limitations imposed with respect to such similar services. (e) Prohibitions \nA group health plan and a health insurance issuer offering group or individual health insurance coverage may not— (1) provide incentives (monetary or otherwise) to a participant, beneficiary, or enrollee to encourage such participant, beneficiary, or enrollee not to be provided infertility treatments or fertility preservation services to which such participant, beneficiary, or enrollee is entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants, beneficiaries, or enrollees; (2) prohibit a provider from discussing with a participant, beneficiary, or enrollee infertility treatments or fertility preservation technology or medical treatment options relating to this section; or (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments or fertility preservation services to a qualified participant, beneficiary, or enrollee in accordance with this section. (f) Rule of construction \nNothing in this section shall be construed to require a participant, beneficiary, or enrollee to undergo infertility treatments or fertility preservation services. (g) Notice \nA group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide notice to each participant, beneficiary, and enrollee under such plan or coverage regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted— (1) in the next mailing made by the plan or issuer to the participant, beneficiary, or enrollee; (2) as part of any yearly informational packet sent to the participant, beneficiary, or enrollee; or (3) not later than January 1, 2024, whichever is earlier. (h) Level and type of reimbursements \nNothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group or individual health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.. (2) ERISA \n(A) In general \nSubpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185 et seq. ) is amended by adding at the end the following: 726. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility \n(a) In general \nA group health plan or a health insurance issuer offering group health insurance coverage shall ensure that such plan or coverage provides coverage for— (1) the treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan or coverage provides coverage for obstetrical services; and (2) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (b) Definitions \nIn this section: (1) the term assisted reproductive technology means treatments or procedures that involve the handling of human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including in vitro fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, and gestational surrogacy; (2) the term infertility means a disease, characterized by the failure to establish a clinical pregnancy— (A) after 12 months of regular, unprotected sexual intercourse; or (B) due to a person's incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing; and (3) the term iatrogenic infertility means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment. (c) Required coverage \n(1) Coverage for infertility \nSubject to paragraph (3), a group health plan and a health insurance issuer offering group health insurance coverage that includes coverage for obstetrical services shall provide coverage for treatment of infertility determined appropriate by the treating provider, including, as appropriate, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other non-experimental treatment, as determined by the Secretary in consultation with appropriate professional and patient organizations. (2) Coverage for iatrogenic infertility \nA group health plan and a health insurance issuer offering group health insurance coverage shall provide coverage of fertility preservation services for individuals who undergo medically necessary treatment that may cause iatrogenic infertility, as determined by the treating provider, including cryopreservation of gametes and other procedures, as determined by the Secretary, consistent with established medical practices and professional guidelines published by professional medical organizations. (3) Limitation on coverage of assisted reproductive technology \nA group health plan and a health insurance issuer offering group health insurance coverage shall provide coverage for assisted reproductive technology as required under paragraph (1) if— (A) the individual is unable to bring a pregnancy to a live birth through minimally invasive infertility treatments, as determined appropriate by the treating provider, with consideration given to participant's or beneficiary's specific diagnoses or condition for which coverage is available under the plan or coverage; and (B) the treatment is performed at a medical facility that is in compliance with any standards set by an appropriate Federal agency. (d) Limitation \nCost-sharing, including deductibles and coinsurance, or other limitations for infertility and services to prevent iatrogenic infertility may not be imposed with respect to the services required to be covered under subsection (c) to the extent that such cost-sharing exceeds the cost-sharing applied to similar services under the group health plan or health insurance coverage or such other limitations are different from limitations imposed with respect to such similar services. (e) Prohibitions \nA group health plan and a health insurance issuer offering group health insurance coverage may not— (1) provide incentives (monetary or otherwise) to a participant or beneficiary to encourage such participant or beneficiary not to be provided infertility treatments or fertility preservation services to which such participant or beneficiary is entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants or beneficiaries; (2) prohibit a provider from discussing with a participant or beneficiary infertility treatments or fertility preservation technology or medical treatment options relating to this section; or (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments or fertility preservation services to a qualified participant or beneficiary in accordance with this section. (f) Rule of construction \nNothing in this section shall be construed to require a participant or beneficiary to undergo infertility treatments or fertility preservation services. (g) Notice \nA group health plan and a health insurance issuer offering group health insurance coverage shall provide notice to each participant and beneficiary under such plan or coverage regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted— (1) in the next mailing made by the plan or issuer to the participant or beneficiary; (2) as part of any yearly informational packet sent to the participant or beneficiary; or (3) not later than January 1, 2024, whichever is earlier. (h) Level and type of reimbursements \nNothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.. (B) Clerical amendment \nThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 725 the following new item: Sec. 726. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility.. (3) IRC \n(A) In general \nSubchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following: 9826. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility \n(a) In general \nA group health plan shall ensure that such plan provides coverage for— (1) the treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan provides coverage for obstetrical services; and (2) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (b) Definitions \nIn this section: (1) the term assisted reproductive technology means treatments or procedures that involve the handling of human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including in vitro fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, and gestational surrogacy; (2) the term infertility means a disease, characterized by the failure to establish a clinical pregnancy— (A) after 12 months of regular, unprotected sexual intercourse; or (B) due to a person's incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing; and (3) the term iatrogenic infertility means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment. (c) Required coverage \n(1) Coverage for infertility \nSubject to paragraph (3), a group health plan that includes coverage for obstetrical services shall provide coverage for treatment of infertility determined appropriate by the treating provider, including, as appropriate, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other non-experimental treatment, as determined by the Secretary in consultation with appropriate professional and patient organizations. (2) Coverage for iatrogenic infertility \nA group health plan shall provide coverage of fertility preservation services for individuals who undergo medically necessary treatment that may cause iatrogenic infertility, as determined by the treating provider, including cryopreservation of gametes and other procedures, as determined by the Secretary, consistent with established medical practices and professional guidelines published by professional medical organizations. (3) Limitation on coverage of assisted reproductive technology \nA group health plan shall provide coverage for assisted reproductive technology as required under paragraph (1) if— (A) the individual is unable to bring a pregnancy to a live birth through minimally invasive infertility treatments, as determined appropriate by the treating provider, with consideration given to participant's or beneficiary's specific diagnoses or condition for which coverage is available under the plan; and (B) the treatment is performed at a medical facility that is in compliance with any standards set by an appropriate Federal agency. (d) Limitation \nCost-sharing, including deductibles and coinsurance, or other limitations for infertility and services to prevent iatrogenic infertility may not be imposed with respect to the services required to be covered under subsection (c) to the extent that such cost-sharing exceeds the cost-sharing applied to similar services under the group health plan or such other limitations are different from limitations imposed with respect to such similar services. (e) Prohibitions \nA group health plan may not— (1) provide incentives (monetary or otherwise) to a participant or beneficiary to encourage such participant or beneficiary not to be provided infertility treatments or fertility preservation services to which such participant or beneficiary is entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants or beneficiaries; (2) prohibit a provider from discussing with a participant or beneficiary infertility treatments or fertility preservation technology or medical treatment options relating to this section; or (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments or fertility preservation services to a qualified participant or beneficiary in accordance with this section. (f) Rule of construction \nNothing in this section shall be construed to require a participant or beneficiary to undergo infertility treatments or fertility preservation services. (g) Notice \nA group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan and shall be transmitted— (1) in the next mailing made by the plan to the participant or beneficiary; (2) as part of any yearly informational packet sent to the participant or beneficiary; or (3) not later than January 1, 2024, whichever is earlier. (h) Level and type of reimbursements \nNothing in this section shall be construed to prevent a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.. (B) Clerical amendment \nThe table of sections for subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 9826. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility..", "id": "id13603DA07A114BD981BD017B504FB35D", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-111" }, { "text": "29 U.S.C. 1185 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1185" }, { "text": "29 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1001" }, { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" }, { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" } ] }, { "text": "(b) Conforming amendment \nSection 2724(c) of the Public Health Service Act ( 42 U.S.C. 300gg–23(c) ) is amended by striking section 2704 and inserting sections 2704 and 2708.", "id": "id94BB887C75CA4C5288D442F6E3EDDEB3", "header": "Conforming amendment", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–23(c)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-23" } ] }, { "text": "(c) Effective dates \n(1) In general \nThe amendments made by subsections (a) and (b) shall apply for plan years beginning on or after the date that is 6 months after the date of enactment of this Act. (2) Collective bargaining exception \n(A) In general \nIn the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of enactment of this Act, the amendments made by subsection (a) shall not apply to plan years beginning before the later of— (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) the date occurring 6 months after the date of the enactment of this Act. (B) Clarification \nFor purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement.", "id": "id068a8eccc82545369dc5b40bf706e265", "header": "Effective dates", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 300gg–111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-111" }, { "text": "29 U.S.C. 1185 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1185" }, { "text": "29 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1001" }, { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" }, { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" }, { "text": "42 U.S.C. 300gg–23(c)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-23" } ] }, { "text": "2799A–11. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility \n(a) In general \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall ensure that such plan or coverage provides coverage for— (1) the treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan or coverage provides coverage for obstetrical services; and (2) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (b) Definitions \nIn this section: (1) the term assisted reproductive technology means treatments or procedures that involve the handling of human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including in vitro fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, and gestational surrogacy; (2) the term infertility means a disease, characterized by the failure to establish a clinical pregnancy— (A) after 12 months of regular, unprotected sexual intercourse; or (B) due to a person's incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing; and (3) the term iatrogenic infertility means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment. (c) Required coverage \n(1) Coverage for infertility \nSubject to paragraph (3), a group health plan and a health insurance issuer offering group or individual health insurance coverage that includes coverage for obstetrical services shall provide coverage for treatment of infertility determined appropriate by the treating provider, including, as appropriate, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other non-experimental treatment, as determined by the Secretary in consultation with appropriate professional and patient organizations. (2) Coverage for iatrogenic infertility \nA group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide coverage of fertility preservation services for individuals who undergo medically necessary treatment that may cause iatrogenic infertility, as determined by the treating provider, including cryopreservation of gametes and other procedures, as determined by the Secretary, consistent with established medical practices and professional guidelines published by professional medical organizations. (3) Limitation on coverage of assisted reproductive technology \nA group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide coverage for assisted reproductive technology as required under paragraph (1) if— (A) the individual is unable to bring a pregnancy to a live birth through minimally invasive infertility treatments, as determined appropriate by the treating provider, with consideration given to participant's, beneficiary's, or enrollee's specific diagnoses or condition for which coverage is available under the plan or coverage; and (B) the treatment is performed at a medical facility that is in compliance with any standards set by an appropriate Federal agency. (d) Limitation \nCost-sharing, including deductibles and coinsurance, or other limitations for infertility and services to prevent iatrogenic infertility may not be imposed with respect to the services required to be covered under subsection (c) to the extent that such cost-sharing exceeds the cost-sharing applied to similar services under the group health plan or health insurance coverage or such other limitations are different from limitations imposed with respect to such similar services. (e) Prohibitions \nA group health plan and a health insurance issuer offering group or individual health insurance coverage may not— (1) provide incentives (monetary or otherwise) to a participant, beneficiary, or enrollee to encourage such participant, beneficiary, or enrollee not to be provided infertility treatments or fertility preservation services to which such participant, beneficiary, or enrollee is entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants, beneficiaries, or enrollees; (2) prohibit a provider from discussing with a participant, beneficiary, or enrollee infertility treatments or fertility preservation technology or medical treatment options relating to this section; or (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments or fertility preservation services to a qualified participant, beneficiary, or enrollee in accordance with this section. (f) Rule of construction \nNothing in this section shall be construed to require a participant, beneficiary, or enrollee to undergo infertility treatments or fertility preservation services. (g) Notice \nA group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide notice to each participant, beneficiary, and enrollee under such plan or coverage regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted— (1) in the next mailing made by the plan or issuer to the participant, beneficiary, or enrollee; (2) as part of any yearly informational packet sent to the participant, beneficiary, or enrollee; or (3) not later than January 1, 2024, whichever is earlier. (h) Level and type of reimbursements \nNothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group or individual health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.", "id": "idA6F696C95541466EA480ED15B5A679C0", "header": "Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility", "nested": [ { "text": "(a) In general \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall ensure that such plan or coverage provides coverage for— (1) the treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan or coverage provides coverage for obstetrical services; and (2) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility.", "id": "idc170c9b70f804fa196e8e4fd1cfa2f71", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) the term assisted reproductive technology means treatments or procedures that involve the handling of human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including in vitro fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, and gestational surrogacy; (2) the term infertility means a disease, characterized by the failure to establish a clinical pregnancy— (A) after 12 months of regular, unprotected sexual intercourse; or (B) due to a person's incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing; and (3) the term iatrogenic infertility means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment.", "id": "id89A3899FA71D4FD994D82D03B2F46FD0", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Required coverage \n(1) Coverage for infertility \nSubject to paragraph (3), a group health plan and a health insurance issuer offering group or individual health insurance coverage that includes coverage for obstetrical services shall provide coverage for treatment of infertility determined appropriate by the treating provider, including, as appropriate, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other non-experimental treatment, as determined by the Secretary in consultation with appropriate professional and patient organizations. (2) Coverage for iatrogenic infertility \nA group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide coverage of fertility preservation services for individuals who undergo medically necessary treatment that may cause iatrogenic infertility, as determined by the treating provider, including cryopreservation of gametes and other procedures, as determined by the Secretary, consistent with established medical practices and professional guidelines published by professional medical organizations. (3) Limitation on coverage of assisted reproductive technology \nA group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide coverage for assisted reproductive technology as required under paragraph (1) if— (A) the individual is unable to bring a pregnancy to a live birth through minimally invasive infertility treatments, as determined appropriate by the treating provider, with consideration given to participant's, beneficiary's, or enrollee's specific diagnoses or condition for which coverage is available under the plan or coverage; and (B) the treatment is performed at a medical facility that is in compliance with any standards set by an appropriate Federal agency.", "id": "iddabce247df9f4dab89c5bb21f8e81c2e", "header": "Required coverage", "nested": [], "links": [] }, { "text": "(d) Limitation \nCost-sharing, including deductibles and coinsurance, or other limitations for infertility and services to prevent iatrogenic infertility may not be imposed with respect to the services required to be covered under subsection (c) to the extent that such cost-sharing exceeds the cost-sharing applied to similar services under the group health plan or health insurance coverage or such other limitations are different from limitations imposed with respect to such similar services.", "id": "idd98a50bbce574041b8bf4cf6dc6c857b", "header": "Limitation", "nested": [], "links": [] }, { "text": "(e) Prohibitions \nA group health plan and a health insurance issuer offering group or individual health insurance coverage may not— (1) provide incentives (monetary or otherwise) to a participant, beneficiary, or enrollee to encourage such participant, beneficiary, or enrollee not to be provided infertility treatments or fertility preservation services to which such participant, beneficiary, or enrollee is entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants, beneficiaries, or enrollees; (2) prohibit a provider from discussing with a participant, beneficiary, or enrollee infertility treatments or fertility preservation technology or medical treatment options relating to this section; or (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments or fertility preservation services to a qualified participant, beneficiary, or enrollee in accordance with this section.", "id": "idc042bafaaa5b401883e013061b6d3ec1", "header": "Prohibitions", "nested": [], "links": [] }, { "text": "(f) Rule of construction \nNothing in this section shall be construed to require a participant, beneficiary, or enrollee to undergo infertility treatments or fertility preservation services.", "id": "id87c261abac544887a37ac04b5cdf2c7a", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(g) Notice \nA group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide notice to each participant, beneficiary, and enrollee under such plan or coverage regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted— (1) in the next mailing made by the plan or issuer to the participant, beneficiary, or enrollee; (2) as part of any yearly informational packet sent to the participant, beneficiary, or enrollee; or (3) not later than January 1, 2024, whichever is earlier.", "id": "idd1ceafb0695e44f98cc5de0c523fc941", "header": "Notice", "nested": [], "links": [] }, { "text": "(h) Level and type of reimbursements \nNothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group or individual health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.", "id": "idc75d0c5389a44aecb542f96a1026bfee", "header": "Level and type of reimbursements", "nested": [], "links": [] } ], "links": [] }, { "text": "726. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility \n(a) In general \nA group health plan or a health insurance issuer offering group health insurance coverage shall ensure that such plan or coverage provides coverage for— (1) the treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan or coverage provides coverage for obstetrical services; and (2) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (b) Definitions \nIn this section: (1) the term assisted reproductive technology means treatments or procedures that involve the handling of human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including in vitro fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, and gestational surrogacy; (2) the term infertility means a disease, characterized by the failure to establish a clinical pregnancy— (A) after 12 months of regular, unprotected sexual intercourse; or (B) due to a person's incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing; and (3) the term iatrogenic infertility means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment. (c) Required coverage \n(1) Coverage for infertility \nSubject to paragraph (3), a group health plan and a health insurance issuer offering group health insurance coverage that includes coverage for obstetrical services shall provide coverage for treatment of infertility determined appropriate by the treating provider, including, as appropriate, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other non-experimental treatment, as determined by the Secretary in consultation with appropriate professional and patient organizations. (2) Coverage for iatrogenic infertility \nA group health plan and a health insurance issuer offering group health insurance coverage shall provide coverage of fertility preservation services for individuals who undergo medically necessary treatment that may cause iatrogenic infertility, as determined by the treating provider, including cryopreservation of gametes and other procedures, as determined by the Secretary, consistent with established medical practices and professional guidelines published by professional medical organizations. (3) Limitation on coverage of assisted reproductive technology \nA group health plan and a health insurance issuer offering group health insurance coverage shall provide coverage for assisted reproductive technology as required under paragraph (1) if— (A) the individual is unable to bring a pregnancy to a live birth through minimally invasive infertility treatments, as determined appropriate by the treating provider, with consideration given to participant's or beneficiary's specific diagnoses or condition for which coverage is available under the plan or coverage; and (B) the treatment is performed at a medical facility that is in compliance with any standards set by an appropriate Federal agency. (d) Limitation \nCost-sharing, including deductibles and coinsurance, or other limitations for infertility and services to prevent iatrogenic infertility may not be imposed with respect to the services required to be covered under subsection (c) to the extent that such cost-sharing exceeds the cost-sharing applied to similar services under the group health plan or health insurance coverage or such other limitations are different from limitations imposed with respect to such similar services. (e) Prohibitions \nA group health plan and a health insurance issuer offering group health insurance coverage may not— (1) provide incentives (monetary or otherwise) to a participant or beneficiary to encourage such participant or beneficiary not to be provided infertility treatments or fertility preservation services to which such participant or beneficiary is entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants or beneficiaries; (2) prohibit a provider from discussing with a participant or beneficiary infertility treatments or fertility preservation technology or medical treatment options relating to this section; or (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments or fertility preservation services to a qualified participant or beneficiary in accordance with this section. (f) Rule of construction \nNothing in this section shall be construed to require a participant or beneficiary to undergo infertility treatments or fertility preservation services. (g) Notice \nA group health plan and a health insurance issuer offering group health insurance coverage shall provide notice to each participant and beneficiary under such plan or coverage regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted— (1) in the next mailing made by the plan or issuer to the participant or beneficiary; (2) as part of any yearly informational packet sent to the participant or beneficiary; or (3) not later than January 1, 2024, whichever is earlier. (h) Level and type of reimbursements \nNothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.", "id": "id85FE369C3E35427E94B0118F7B76AA7E", "header": "Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility", "nested": [ { "text": "(a) In general \nA group health plan or a health insurance issuer offering group health insurance coverage shall ensure that such plan or coverage provides coverage for— (1) the treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan or coverage provides coverage for obstetrical services; and (2) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility.", "id": "id87619FD7979946AA8276DEBBCAE8BF70", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) the term assisted reproductive technology means treatments or procedures that involve the handling of human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including in vitro fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, and gestational surrogacy; (2) the term infertility means a disease, characterized by the failure to establish a clinical pregnancy— (A) after 12 months of regular, unprotected sexual intercourse; or (B) due to a person's incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing; and (3) the term iatrogenic infertility means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment.", "id": "idA3C28EAB530F42498C914ACD3112BE6B", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Required coverage \n(1) Coverage for infertility \nSubject to paragraph (3), a group health plan and a health insurance issuer offering group health insurance coverage that includes coverage for obstetrical services shall provide coverage for treatment of infertility determined appropriate by the treating provider, including, as appropriate, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other non-experimental treatment, as determined by the Secretary in consultation with appropriate professional and patient organizations. (2) Coverage for iatrogenic infertility \nA group health plan and a health insurance issuer offering group health insurance coverage shall provide coverage of fertility preservation services for individuals who undergo medically necessary treatment that may cause iatrogenic infertility, as determined by the treating provider, including cryopreservation of gametes and other procedures, as determined by the Secretary, consistent with established medical practices and professional guidelines published by professional medical organizations. (3) Limitation on coverage of assisted reproductive technology \nA group health plan and a health insurance issuer offering group health insurance coverage shall provide coverage for assisted reproductive technology as required under paragraph (1) if— (A) the individual is unable to bring a pregnancy to a live birth through minimally invasive infertility treatments, as determined appropriate by the treating provider, with consideration given to participant's or beneficiary's specific diagnoses or condition for which coverage is available under the plan or coverage; and (B) the treatment is performed at a medical facility that is in compliance with any standards set by an appropriate Federal agency.", "id": "id3449876A03F24122B7CFDCF6738834FF", "header": "Required coverage", "nested": [], "links": [] }, { "text": "(d) Limitation \nCost-sharing, including deductibles and coinsurance, or other limitations for infertility and services to prevent iatrogenic infertility may not be imposed with respect to the services required to be covered under subsection (c) to the extent that such cost-sharing exceeds the cost-sharing applied to similar services under the group health plan or health insurance coverage or such other limitations are different from limitations imposed with respect to such similar services.", "id": "id210CAAEAB0C3455B883A5C8B16DFEE25", "header": "Limitation", "nested": [], "links": [] }, { "text": "(e) Prohibitions \nA group health plan and a health insurance issuer offering group health insurance coverage may not— (1) provide incentives (monetary or otherwise) to a participant or beneficiary to encourage such participant or beneficiary not to be provided infertility treatments or fertility preservation services to which such participant or beneficiary is entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants or beneficiaries; (2) prohibit a provider from discussing with a participant or beneficiary infertility treatments or fertility preservation technology or medical treatment options relating to this section; or (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments or fertility preservation services to a qualified participant or beneficiary in accordance with this section.", "id": "idF2A121D286CF42678980A2490A816E97", "header": "Prohibitions", "nested": [], "links": [] }, { "text": "(f) Rule of construction \nNothing in this section shall be construed to require a participant or beneficiary to undergo infertility treatments or fertility preservation services.", "id": "idBDEB37E1A0B04043A79D2A184937F437", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(g) Notice \nA group health plan and a health insurance issuer offering group health insurance coverage shall provide notice to each participant and beneficiary under such plan or coverage regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted— (1) in the next mailing made by the plan or issuer to the participant or beneficiary; (2) as part of any yearly informational packet sent to the participant or beneficiary; or (3) not later than January 1, 2024, whichever is earlier.", "id": "idAC312CF1FE3E4CAD9D4B6FF6DE2292CD", "header": "Notice", "nested": [], "links": [] }, { "text": "(h) Level and type of reimbursements \nNothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.", "id": "id0836448E98744B45A2C84EC5D4E7C928", "header": "Level and type of reimbursements", "nested": [], "links": [] } ], "links": [] }, { "text": "9826. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility \n(a) In general \nA group health plan shall ensure that such plan provides coverage for— (1) the treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan provides coverage for obstetrical services; and (2) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (b) Definitions \nIn this section: (1) the term assisted reproductive technology means treatments or procedures that involve the handling of human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including in vitro fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, and gestational surrogacy; (2) the term infertility means a disease, characterized by the failure to establish a clinical pregnancy— (A) after 12 months of regular, unprotected sexual intercourse; or (B) due to a person's incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing; and (3) the term iatrogenic infertility means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment. (c) Required coverage \n(1) Coverage for infertility \nSubject to paragraph (3), a group health plan that includes coverage for obstetrical services shall provide coverage for treatment of infertility determined appropriate by the treating provider, including, as appropriate, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other non-experimental treatment, as determined by the Secretary in consultation with appropriate professional and patient organizations. (2) Coverage for iatrogenic infertility \nA group health plan shall provide coverage of fertility preservation services for individuals who undergo medically necessary treatment that may cause iatrogenic infertility, as determined by the treating provider, including cryopreservation of gametes and other procedures, as determined by the Secretary, consistent with established medical practices and professional guidelines published by professional medical organizations. (3) Limitation on coverage of assisted reproductive technology \nA group health plan shall provide coverage for assisted reproductive technology as required under paragraph (1) if— (A) the individual is unable to bring a pregnancy to a live birth through minimally invasive infertility treatments, as determined appropriate by the treating provider, with consideration given to participant's or beneficiary's specific diagnoses or condition for which coverage is available under the plan; and (B) the treatment is performed at a medical facility that is in compliance with any standards set by an appropriate Federal agency. (d) Limitation \nCost-sharing, including deductibles and coinsurance, or other limitations for infertility and services to prevent iatrogenic infertility may not be imposed with respect to the services required to be covered under subsection (c) to the extent that such cost-sharing exceeds the cost-sharing applied to similar services under the group health plan or such other limitations are different from limitations imposed with respect to such similar services. (e) Prohibitions \nA group health plan may not— (1) provide incentives (monetary or otherwise) to a participant or beneficiary to encourage such participant or beneficiary not to be provided infertility treatments or fertility preservation services to which such participant or beneficiary is entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants or beneficiaries; (2) prohibit a provider from discussing with a participant or beneficiary infertility treatments or fertility preservation technology or medical treatment options relating to this section; or (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments or fertility preservation services to a qualified participant or beneficiary in accordance with this section. (f) Rule of construction \nNothing in this section shall be construed to require a participant or beneficiary to undergo infertility treatments or fertility preservation services. (g) Notice \nA group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan and shall be transmitted— (1) in the next mailing made by the plan to the participant or beneficiary; (2) as part of any yearly informational packet sent to the participant or beneficiary; or (3) not later than January 1, 2024, whichever is earlier. (h) Level and type of reimbursements \nNothing in this section shall be construed to prevent a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.", "id": "idF26A7D5CCCB4495FAD59C245BA6FBEC9", "header": "Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility", "nested": [ { "text": "(a) In general \nA group health plan shall ensure that such plan provides coverage for— (1) the treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan provides coverage for obstetrical services; and (2) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility.", "id": "id50531086020442A1AEB84FA13E3A4217", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) the term assisted reproductive technology means treatments or procedures that involve the handling of human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including in vitro fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, and gestational surrogacy; (2) the term infertility means a disease, characterized by the failure to establish a clinical pregnancy— (A) after 12 months of regular, unprotected sexual intercourse; or (B) due to a person's incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing; and (3) the term iatrogenic infertility means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment.", "id": "idB2FDA931F58F477BA908077E85245552", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Required coverage \n(1) Coverage for infertility \nSubject to paragraph (3), a group health plan that includes coverage for obstetrical services shall provide coverage for treatment of infertility determined appropriate by the treating provider, including, as appropriate, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other non-experimental treatment, as determined by the Secretary in consultation with appropriate professional and patient organizations. (2) Coverage for iatrogenic infertility \nA group health plan shall provide coverage of fertility preservation services for individuals who undergo medically necessary treatment that may cause iatrogenic infertility, as determined by the treating provider, including cryopreservation of gametes and other procedures, as determined by the Secretary, consistent with established medical practices and professional guidelines published by professional medical organizations. (3) Limitation on coverage of assisted reproductive technology \nA group health plan shall provide coverage for assisted reproductive technology as required under paragraph (1) if— (A) the individual is unable to bring a pregnancy to a live birth through minimally invasive infertility treatments, as determined appropriate by the treating provider, with consideration given to participant's or beneficiary's specific diagnoses or condition for which coverage is available under the plan; and (B) the treatment is performed at a medical facility that is in compliance with any standards set by an appropriate Federal agency.", "id": "idAD66C329DAC94DADA273A621450FBF1D", "header": "Required coverage", "nested": [], "links": [] }, { "text": "(d) Limitation \nCost-sharing, including deductibles and coinsurance, or other limitations for infertility and services to prevent iatrogenic infertility may not be imposed with respect to the services required to be covered under subsection (c) to the extent that such cost-sharing exceeds the cost-sharing applied to similar services under the group health plan or such other limitations are different from limitations imposed with respect to such similar services.", "id": "id164BF5785DD94050A10B43FBD8B46450", "header": "Limitation", "nested": [], "links": [] }, { "text": "(e) Prohibitions \nA group health plan may not— (1) provide incentives (monetary or otherwise) to a participant or beneficiary to encourage such participant or beneficiary not to be provided infertility treatments or fertility preservation services to which such participant or beneficiary is entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants or beneficiaries; (2) prohibit a provider from discussing with a participant or beneficiary infertility treatments or fertility preservation technology or medical treatment options relating to this section; or (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments or fertility preservation services to a qualified participant or beneficiary in accordance with this section.", "id": "id460355FE3BA6412CAFACBCC76C1C52F5", "header": "Prohibitions", "nested": [], "links": [] }, { "text": "(f) Rule of construction \nNothing in this section shall be construed to require a participant or beneficiary to undergo infertility treatments or fertility preservation services.", "id": "id1312D5ABB7524083B04A8B09229C8DBA", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(g) Notice \nA group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan and shall be transmitted— (1) in the next mailing made by the plan to the participant or beneficiary; (2) as part of any yearly informational packet sent to the participant or beneficiary; or (3) not later than January 1, 2024, whichever is earlier.", "id": "id445BAF8EA71A4B52A5FD778AFC64C339", "header": "Notice", "nested": [], "links": [] }, { "text": "(h) Level and type of reimbursements \nNothing in this section shall be construed to prevent a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.", "id": "idAB5795D4FDDB49B9A3E22364F9ADB677", "header": "Level and type of reimbursements", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Federal Employees Health Benefits Program \n(a) In general \nSection 8902 of title 5, United States Code, is amended by adding at the end the following: (q) (1) In this subsection, the terms infertility and iatrogenic infertility have the meanings given those terms in section 2799A–11 of the Public Health Service Act. (2) A contract under this chapter shall provide, in a manner consistent with section 2799A–11 of the Public Health Service Act, coverage for— (A) the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures, if that contract covers obstetrical benefits; and (B) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (3) Coverage for the diagnosis or treatment of infertility and fertility preservation services under a health benefits plan described in section 8903 or 8903a may not be subject to any copayment or deductible greater than the copayment or deductible, respectively, applicable to obstetrical benefits under the plan. (4) Subsection (m)(1) shall not, with respect to a contract under this chapter, prevent the inclusion of any terms that, under paragraph (2) of this subsection, are required by reason of section 2799A–11 of the Public Health Service Act.. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to— (1) any contract entered into or renewed for a contract year beginning on or after the date that is 180 days after the date of enactment of this Act; and (2) any health benefits plan offered under a contract described in paragraph (1).", "id": "id5003cf5eb0364e3f968597fdefd760c4", "header": "Federal Employees Health Benefits Program", "nested": [ { "text": "(a) In general \nSection 8902 of title 5, United States Code, is amended by adding at the end the following: (q) (1) In this subsection, the terms infertility and iatrogenic infertility have the meanings given those terms in section 2799A–11 of the Public Health Service Act. (2) A contract under this chapter shall provide, in a manner consistent with section 2799A–11 of the Public Health Service Act, coverage for— (A) the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures, if that contract covers obstetrical benefits; and (B) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (3) Coverage for the diagnosis or treatment of infertility and fertility preservation services under a health benefits plan described in section 8903 or 8903a may not be subject to any copayment or deductible greater than the copayment or deductible, respectively, applicable to obstetrical benefits under the plan. (4) Subsection (m)(1) shall not, with respect to a contract under this chapter, prevent the inclusion of any terms that, under paragraph (2) of this subsection, are required by reason of section 2799A–11 of the Public Health Service Act..", "id": "idEEE2577C8AF14D31A8F1F12FFC1C1A3E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to— (1) any contract entered into or renewed for a contract year beginning on or after the date that is 180 days after the date of enactment of this Act; and (2) any health benefits plan offered under a contract described in paragraph (1).", "id": "idfb95043901434c4db593da0ce94ce205", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Benefits for treatment of infertility and prevention of iatrogenic infertility under the TRICARE program \n(a) In general \nChapter 55 of title 10, United States Code, is amended by adding at the end the following new section: 1110c. Obstetrical and infertility benefits \n(a) In general \nAny health care plan under this chapter shall provide, in a manner consistent with section 2799A–11 of the Public Health Service Act— (1) coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan covers obstetrical benefits; and (2) coverage for standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (b) Copayment \nThe Secretary of Defense shall establish cost-sharing requirements for the coverage of diagnosis and treatment of infertility and fertility preservation services described in subsection (a) that are consistent with the cost-sharing requirements applicable to health plans and health insurance coverage under section 2799A–11(d) of the Public Health Service Act. (c) Regulations \nThe Secretary of Defense shall prescribe any regulations necessary to carry out this section. (d) Definitions \nIn this section, the terms assisted reproductive technology , iatrogenic infertility , and infertility have the meanings given those terms in section 2799A–11 of the Public Health Service Act.. (b) Clerical amendment \nThe table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item: 1110c. Obstetrical and infertility benefits..", "id": "id8a5115b46860485c9adb2d23b3b2d17f", "header": "Benefits for treatment of infertility and prevention of iatrogenic infertility under the TRICARE program", "nested": [ { "text": "(a) In general \nChapter 55 of title 10, United States Code, is amended by adding at the end the following new section: 1110c. Obstetrical and infertility benefits \n(a) In general \nAny health care plan under this chapter shall provide, in a manner consistent with section 2799A–11 of the Public Health Service Act— (1) coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan covers obstetrical benefits; and (2) coverage for standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (b) Copayment \nThe Secretary of Defense shall establish cost-sharing requirements for the coverage of diagnosis and treatment of infertility and fertility preservation services described in subsection (a) that are consistent with the cost-sharing requirements applicable to health plans and health insurance coverage under section 2799A–11(d) of the Public Health Service Act. (c) Regulations \nThe Secretary of Defense shall prescribe any regulations necessary to carry out this section. (d) Definitions \nIn this section, the terms assisted reproductive technology , iatrogenic infertility , and infertility have the meanings given those terms in section 2799A–11 of the Public Health Service Act..", "id": "idDB850D02D1654D1B952C9FBB940C6DA2", "header": "In general", "nested": [], "links": [ { "text": "Chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/55" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item: 1110c. Obstetrical and infertility benefits..", "id": "idd02e929d436346cd9ada7da77dd1efdf", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/55" } ] }, { "text": "1110c. Obstetrical and infertility benefits \n(a) In general \nAny health care plan under this chapter shall provide, in a manner consistent with section 2799A–11 of the Public Health Service Act— (1) coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan covers obstetrical benefits; and (2) coverage for standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (b) Copayment \nThe Secretary of Defense shall establish cost-sharing requirements for the coverage of diagnosis and treatment of infertility and fertility preservation services described in subsection (a) that are consistent with the cost-sharing requirements applicable to health plans and health insurance coverage under section 2799A–11(d) of the Public Health Service Act. (c) Regulations \nThe Secretary of Defense shall prescribe any regulations necessary to carry out this section. (d) Definitions \nIn this section, the terms assisted reproductive technology , iatrogenic infertility , and infertility have the meanings given those terms in section 2799A–11 of the Public Health Service Act.", "id": "idead8f2a141f445059a4875d6c3795050", "header": "Obstetrical and infertility benefits", "nested": [ { "text": "(a) In general \nAny health care plan under this chapter shall provide, in a manner consistent with section 2799A–11 of the Public Health Service Act— (1) coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan covers obstetrical benefits; and (2) coverage for standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility.", "id": "id8859ec796f8b414ab9cd661808bc38f6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Copayment \nThe Secretary of Defense shall establish cost-sharing requirements for the coverage of diagnosis and treatment of infertility and fertility preservation services described in subsection (a) that are consistent with the cost-sharing requirements applicable to health plans and health insurance coverage under section 2799A–11(d) of the Public Health Service Act.", "id": "id2bdb8e39f6ad414fb13b21e1bafe18d0", "header": "Copayment", "nested": [], "links": [] }, { "text": "(c) Regulations \nThe Secretary of Defense shall prescribe any regulations necessary to carry out this section.", "id": "id928b0b5a17904afcb6ba49e8fa34eadd", "header": "Regulations", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section, the terms assisted reproductive technology , iatrogenic infertility , and infertility have the meanings given those terms in section 2799A–11 of the Public Health Service Act.", "id": "id2200126144774B4FA685897047C17E0C", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Treatment of infertility and prevention of iatrogenic infertility for veterans and spouses or partners of veterans \n(a) In general \nSubchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1720K. Infertility treatment for veterans and spouses or partners of veterans. \n(a) In general \nThe Secretary shall furnish treatment for infertility and fertility preservation services, including through the use of assisted reproductive technology, to a veteran or a spouse or partner of a veteran if the veteran, and the spouse or partner of the veteran, as applicable, apply jointly for such treatment through a process prescribed by the Secretary for purposes of this section. (b) Definitions \nIn this section, the terms assisted reproductive technology and infertility have the meanings given those terms in section 2799A–11 of the Public Health Service Act.. (b) Clerical amendment \nThe table of sections at the beginning of subchapter II of chapter 17 of such title is amended by inserting after the item relating to section 1720J the following new item: 1720K. Infertility treatment for veterans and spouses or partners of veterans.. (c) Regulations \nNot later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out section 1720K of title 38, United States Code, as added by subsection (a).", "id": "id9c9278481aa84cd0a2ecda85c26c9d35", "header": "Treatment of infertility and prevention of iatrogenic infertility for veterans and spouses or partners of veterans", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1720K. Infertility treatment for veterans and spouses or partners of veterans. \n(a) In general \nThe Secretary shall furnish treatment for infertility and fertility preservation services, including through the use of assisted reproductive technology, to a veteran or a spouse or partner of a veteran if the veteran, and the spouse or partner of the veteran, as applicable, apply jointly for such treatment through a process prescribed by the Secretary for purposes of this section. (b) Definitions \nIn this section, the terms assisted reproductive technology and infertility have the meanings given those terms in section 2799A–11 of the Public Health Service Act..", "id": "id0d55f69ea38945e98c5ca6793368af9e", "header": "In general", "nested": [], "links": [ { "text": "chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of subchapter II of chapter 17 of such title is amended by inserting after the item relating to section 1720J the following new item: 1720K. Infertility treatment for veterans and spouses or partners of veterans..", "id": "id94AAA02B42EA43E3B8B9B0369860DD5E", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Regulations \nNot later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out section 1720K of title 38, United States Code, as added by subsection (a).", "id": "id704FE1F2ED0F44C3A03F4D2F893BDDF1", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" } ] }, { "text": "1720K. Infertility treatment for veterans and spouses or partners of veterans. \n(a) In general \nThe Secretary shall furnish treatment for infertility and fertility preservation services, including through the use of assisted reproductive technology, to a veteran or a spouse or partner of a veteran if the veteran, and the spouse or partner of the veteran, as applicable, apply jointly for such treatment through a process prescribed by the Secretary for purposes of this section. (b) Definitions \nIn this section, the terms assisted reproductive technology and infertility have the meanings given those terms in section 2799A–11 of the Public Health Service Act.", "id": "idd6ffb097c76b40a38dbe49c055d5721d", "header": "Infertility treatment for veterans and spouses or partners of veterans.", "nested": [ { "text": "(a) In general \nThe Secretary shall furnish treatment for infertility and fertility preservation services, including through the use of assisted reproductive technology, to a veteran or a spouse or partner of a veteran if the veteran, and the spouse or partner of the veteran, as applicable, apply jointly for such treatment through a process prescribed by the Secretary for purposes of this section.", "id": "id8B0E3D5A3EC842CE8B289054FDEA6B95", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section, the terms assisted reproductive technology and infertility have the meanings given those terms in section 2799A–11 of the Public Health Service Act.", "id": "id89CF3752A4514947A7B94ED963553063", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Requirement for State Medicaid plans to provide medical assistance for treatment of infertility and prevention of iatrogenic infertility \n(a) In general \nSection 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (a)(4)— (A) by striking ; and (D) and inserting ; (D) ; (B) by striking ; and (E) and inserting ; (E) ; (C) by striking ; and (F) and inserting ; (F) ; and (D) by inserting before the semicolon at the end the following: ; and (G) services and supplies to treat infertility and prevent iatrogenic infertility (as such terms are defined in section 2799A–11(b) of the Public Health Service Act) in accordance with subsection (jj) ; and (2) by adding at the end the following new subsection: (jj) Requirements for coverage of infertility treatment and prevention of iatrogenic infertility \nFor purposes of subsection (a)(4)(G), a State shall ensure that the medical assistance provided under the State plan (or waiver of such plan) for treatment of infertility and fertility preservation services complies with the requirements and limitations of section 2799A–11(c) of the Public Health Service Act in the same manner as such requirements and limitations apply to health insurance coverage offered by a group health plan or health insurance issuer.. (b) No cost sharing for infertility treatment \n(1) In general \nSubsections (a)(2)(D) and (b)(2)(D) of section 1916 of the Social Security Act ( 42 U.S.C. 1396o(a)(2)(D) ) are amended by inserting , services and supplies to treat infertility and provide fertility preservation services described in section 1905(a)(4)(G) after 1905(a)(4)(C) each place it appears. (2) Application to alternative cost sharing \nSection 1916A(b)(3)(B)(vii) of the Social Security Act ( 42 U.S.C. 1396o–1(b)(3)(B)(vii) ) is amended by inserting and services and supplies to treat infertility and provide fertility preservation described in section 1905(a)(4)(G) before the period. (c) Presumptive eligibility for infertility treatment \nSection 1920C of the Social Security Act ( 42 U.S.C. 1396r–1c ) is amended— (1) in the section heading, by inserting and infertility treatment after family planning services ; (2) in subsection (a)— (A) by striking State plan and inserting A State plan ; (B) by striking 1905(a)(4)(C) and inserting section 1905(a)(4)(C), services and supplies to treat infertility and prevent iatrogenic infertility described in section 1905(a)(4)(G), ; and (C) by inserting or in conjunction with an infertility treatment service in an infertility treatment setting before the period. (d) Inclusion in benchmark coverage \nSection 1937(b) of the Social Security Act ( 42 U.S.C. 1396u–7(b) ) is amended by adding at the end the following new paragraph: (9) Coverage of infertility treatment and prevention of iatrogenic infertility \nNotwithstanding the previous provisions of this section, a State may not provide for medical assistance through enrollment of an individual with benchmark coverage or benchmark-equivalent coverage under this section unless such coverage includes medical assistance for services and supplies to treat infertility and provide fertility preservation described in section 1905(a)(4)(G) in accordance with such section.. (e) Effective date \n(1) In general \nExcept as provided in paragraph (2), the amendments made by this section shall take effect on October 1, 2024. (2) Delay permitted if State legislation required \nIn the case of a State plan approved under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of the failure of the plan to meet such additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this section. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.", "id": "id819B6B436DE249BAB326934DC4D87959", "header": "Requirement for State Medicaid plans to provide medical assistance for treatment of infertility and prevention of iatrogenic infertility", "nested": [ { "text": "(a) In general \nSection 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (a)(4)— (A) by striking ; and (D) and inserting ; (D) ; (B) by striking ; and (E) and inserting ; (E) ; (C) by striking ; and (F) and inserting ; (F) ; and (D) by inserting before the semicolon at the end the following: ; and (G) services and supplies to treat infertility and prevent iatrogenic infertility (as such terms are defined in section 2799A–11(b) of the Public Health Service Act) in accordance with subsection (jj) ; and (2) by adding at the end the following new subsection: (jj) Requirements for coverage of infertility treatment and prevention of iatrogenic infertility \nFor purposes of subsection (a)(4)(G), a State shall ensure that the medical assistance provided under the State plan (or waiver of such plan) for treatment of infertility and fertility preservation services complies with the requirements and limitations of section 2799A–11(c) of the Public Health Service Act in the same manner as such requirements and limitations apply to health insurance coverage offered by a group health plan or health insurance issuer..", "id": "id0C74AA42F52D458495E9AFFBA3F57E6E", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" } ] }, { "text": "(b) No cost sharing for infertility treatment \n(1) In general \nSubsections (a)(2)(D) and (b)(2)(D) of section 1916 of the Social Security Act ( 42 U.S.C. 1396o(a)(2)(D) ) are amended by inserting , services and supplies to treat infertility and provide fertility preservation services described in section 1905(a)(4)(G) after 1905(a)(4)(C) each place it appears. (2) Application to alternative cost sharing \nSection 1916A(b)(3)(B)(vii) of the Social Security Act ( 42 U.S.C. 1396o–1(b)(3)(B)(vii) ) is amended by inserting and services and supplies to treat infertility and provide fertility preservation described in section 1905(a)(4)(G) before the period.", "id": "idDC2FA3E091A64F578A856553B476ADC4", "header": "No cost sharing for infertility treatment", "nested": [], "links": [ { "text": "42 U.S.C. 1396o(a)(2)(D)", "legal-doc": "usc", "parsable-cite": "usc/42/1396o" }, { "text": "42 U.S.C. 1396o–1(b)(3)(B)(vii)", "legal-doc": "usc", "parsable-cite": "usc/42/1396o-1" } ] }, { "text": "(c) Presumptive eligibility for infertility treatment \nSection 1920C of the Social Security Act ( 42 U.S.C. 1396r–1c ) is amended— (1) in the section heading, by inserting and infertility treatment after family planning services ; (2) in subsection (a)— (A) by striking State plan and inserting A State plan ; (B) by striking 1905(a)(4)(C) and inserting section 1905(a)(4)(C), services and supplies to treat infertility and prevent iatrogenic infertility described in section 1905(a)(4)(G), ; and (C) by inserting or in conjunction with an infertility treatment service in an infertility treatment setting before the period.", "id": "id2DE26D9C9F21428C8AD67B173974FA94", "header": "Presumptive eligibility for infertility treatment", "nested": [], "links": [ { "text": "42 U.S.C. 1396r–1c", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-1c" } ] }, { "text": "(d) Inclusion in benchmark coverage \nSection 1937(b) of the Social Security Act ( 42 U.S.C. 1396u–7(b) ) is amended by adding at the end the following new paragraph: (9) Coverage of infertility treatment and prevention of iatrogenic infertility \nNotwithstanding the previous provisions of this section, a State may not provide for medical assistance through enrollment of an individual with benchmark coverage or benchmark-equivalent coverage under this section unless such coverage includes medical assistance for services and supplies to treat infertility and provide fertility preservation described in section 1905(a)(4)(G) in accordance with such section..", "id": "idA05A08CBAA1346D28CC29CAAFD5EA50A", "header": "Inclusion in benchmark coverage", "nested": [], "links": [ { "text": "42 U.S.C. 1396u–7(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1396u-7" } ] }, { "text": "(e) Effective date \n(1) In general \nExcept as provided in paragraph (2), the amendments made by this section shall take effect on October 1, 2024. (2) Delay permitted if State legislation required \nIn the case of a State plan approved under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of the failure of the plan to meet such additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this section. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.", "id": "id2AB571A0F49446DFAF645233FED89A08", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1396o(a)(2)(D)", "legal-doc": "usc", "parsable-cite": "usc/42/1396o" }, { "text": "42 U.S.C. 1396o–1(b)(3)(B)(vii)", "legal-doc": "usc", "parsable-cite": "usc/42/1396o-1" }, { "text": "42 U.S.C. 1396r–1c", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-1c" }, { "text": "42 U.S.C. 1396u–7(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1396u-7" } ] } ]

[ "Government employee pay, benefits, personnel management", "Health care costs and insurance", "Health care coverage and access", "Health technology, devices, supplies", "Medicaid", "Military medicine", "Sex and reproductive health", "Veterans' medical care", "Women's health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Protecting America’s Agricultural Land from Foreign Harm Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Agricultural land \n(A) In general \nThe term agricultural land has the meaning given the term in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3508 ). (B) Inclusion \nThe term agricultural land includes land described in section 9(1) of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3508(1) ) that is used for ranching purposes. (2) Covered person \n(A) In general \nThe term covered person has the meaning given the term person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary in section 7.2 of title 15, Code of Federal Regulations (as in effect on the date of enactment of this Act), except that each reference to foreign adversary in that definition shall be deemed to be a reference to the government of— (i) Iran; (ii) North Korea; (iii) the People's Republic of China; or (iv) the Russian Federation. (B) Exclusions \nThe term covered person does not include a United States citizen or an alien lawfully admitted for permanent residence to the United States. (3) Secretary \nThe term Secretary means the Secretary of Agriculture. (4) United States \nThe term United States includes any State, territory, or possession of the United States.", "id": "id720F10EC4A5440B9A51E3231BC1CB698", "header": "Definitions", "nested": [], "links": [ { "text": "7 U.S.C. 3508", "legal-doc": "usc", "parsable-cite": "usc/7/3508" }, { "text": "7 U.S.C. 3508(1)", "legal-doc": "usc", "parsable-cite": "usc/7/3508" } ] }, { "text": "3. Prohibition on purchase or lease of agricultural land in the United States by persons associated with certain foreign governments \n(a) In general \nNotwithstanding any other provision of law, the President shall take such actions as may be necessary to prohibit the purchase or lease by covered persons of— (1) public agricultural land that is owned by the United States and administered by the head of any Federal department or agency, including the Secretary, the Secretary of the Interior, and the Secretary of Defense; or (2) private agricultural land located in the United States. (b) Implementation \nThe President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out subsection (a). (c) Penalties \nA person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) Rule of construction \nNothing in this section may be construed— (1) to prohibit or otherwise affect the purchase or lease of public or private agricultural land described in subsection (a) by any person other than a covered person; (2) to prohibit or otherwise affect the use of public or private agricultural land described in subsection (a) that is transferred to or acquired by a person other than a covered person from a covered person; or (3) to require a covered person that owns or leases public or private agricultural land described in subsection (a) as of the date of enactment of this Act to sell that land.", "id": "id889E45734CB74927B70A7FA3636FD10B", "header": "Prohibition on purchase or lease of agricultural land in the United States by persons associated with certain foreign governments", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, the President shall take such actions as may be necessary to prohibit the purchase or lease by covered persons of— (1) public agricultural land that is owned by the United States and administered by the head of any Federal department or agency, including the Secretary, the Secretary of the Interior, and the Secretary of Defense; or (2) private agricultural land located in the United States.", "id": "idA9D89DA288D24604A4B676055A7060A8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Implementation \nThe President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out subsection (a).", "id": "idcbbfb2eb38b74fe8b323f85f3d900d67", "header": "Implementation", "nested": [], "links": [] }, { "text": "(c) Penalties \nA person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.", "id": "idc54bf8d77b544dc7bc08f150d38b1245", "header": "Penalties", "nested": [], "links": [ { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" } ] }, { "text": "(d) Rule of construction \nNothing in this section may be construed— (1) to prohibit or otherwise affect the purchase or lease of public or private agricultural land described in subsection (a) by any person other than a covered person; (2) to prohibit or otherwise affect the use of public or private agricultural land described in subsection (a) that is transferred to or acquired by a person other than a covered person from a covered person; or (3) to require a covered person that owns or leases public or private agricultural land described in subsection (a) as of the date of enactment of this Act to sell that land.", "id": "id9A7496949ACA44DD884F5D33DCDA2869", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" } ] }, { "text": "4. Prohibition on participation in Department of Agriculture programs by persons associated with certain foreign governments \n(a) In general \nExcept as provided in subsection (b), notwithstanding any other provision of the law, the President shall take such actions as may be necessary to prohibit participation in Department of Agriculture programs by covered persons that have full or partial ownership of agricultural land in the United States or lease agricultural land in the United States. (b) Exclusions \nSubsection (a) shall not apply to participation in any program— (1) relating to— (A) food inspection or any other food safety regulatory requirements; or (B) health and labor safety of individuals; or (2) administered by the Farm Service Agency, with respect to the administration of this Act or the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 et seq. ). (c) Proof of citizenship \nTo participate in a Department of Agriculture program described in subsection (b) (except for a program under this Act or the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 et seq. )), a person described in subparagraph (A) of section 2(2) that is a person described in subparagraph (B) of that section shall submit to the Secretary proof that the person is described in subparagraph (B) of that section.", "id": "idcae87edab1984a24822984689f917b4d", "header": "Prohibition on participation in Department of Agriculture programs by persons associated with certain foreign governments", "nested": [ { "text": "(a) In general \nExcept as provided in subsection (b), notwithstanding any other provision of the law, the President shall take such actions as may be necessary to prohibit participation in Department of Agriculture programs by covered persons that have full or partial ownership of agricultural land in the United States or lease agricultural land in the United States.", "id": "idBC6081EBA9A4456A9CD41C587C3D47BA", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exclusions \nSubsection (a) shall not apply to participation in any program— (1) relating to— (A) food inspection or any other food safety regulatory requirements; or (B) health and labor safety of individuals; or (2) administered by the Farm Service Agency, with respect to the administration of this Act or the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 et seq. ).", "id": "idEB33A1F0063C48D2A66036668D73BB49", "header": "Exclusions", "nested": [], "links": [ { "text": "7 U.S.C. 3501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/3501" } ] }, { "text": "(c) Proof of citizenship \nTo participate in a Department of Agriculture program described in subsection (b) (except for a program under this Act or the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 et seq. )), a person described in subparagraph (A) of section 2(2) that is a person described in subparagraph (B) of that section shall submit to the Secretary proof that the person is described in subparagraph (B) of that section.", "id": "idDB14D18B7E364BFA8B0781E4291D367E", "header": "Proof of citizenship", "nested": [], "links": [ { "text": "7 U.S.C. 3501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/3501" } ] } ], "links": [ { "text": "7 U.S.C. 3501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/3501" }, { "text": "7 U.S.C. 3501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/3501" } ] }, { "text": "5. Agricultural foreign investment disclosure \n(a) Inclusion of security interests and leases in reporting requirements \n(1) In general \nSection 9 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3508 ) is amended— (A) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and (B) by inserting after paragraph (3) the following: (4) the term interest includes— (A) a security interest; and (B) a lease, without regard to the duration of the lease;. (2) Conforming amendment \nSection 2 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 ) is amended by striking , other than a security interest, each place it appears. (b) Civil penalty \nSection 3 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3502 ) is amended— (1) in subsection (b), by striking exceed 25 percent and inserting be less than 15 percent, or exceed 30 percent, ; and (2) by adding at the end the following: (c) Liens \nOn imposing a penalty under subsection (a), the Secretary shall ensure that a lien is placed on the agricultural land with respect to which the violation occurred, which shall be released only on payment of the penalty.. (c) Transparency \n(1) In general \nSection 7 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3506 ) is amended to read as follows: 7. Public data sets \n(a) In general \nNot later than 2 years after the date of enactment of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ), the Secretary shall publish in the internet database established under section 773 of division A of that Act human-readable and machine-readable data sets that— (1) contain all data that the Secretary possesses relating to reporting under this Act from each report submitted to the Secretary under section 2; and (2) as soon as practicable, but not later than 30 days, after the date of receipt of any report under section 2, shall be updated with the data from that report. (b) Included data \nThe data sets established under subsection (a) shall include— (1) a description of— (A) the purchase price paid for, or any other consideration given for, each interest in agricultural land for which a report is submitted under section 2; and (B) updated estimated values of each interest in agricultural land described in subparagraph (A), as that information is made available to the Secretary, based on the most recently assessed value of the agricultural land or another comparable method determined by the Secretary; and (2) with respect to any agricultural land for which a report is submitted under section 2, updated descriptions of each foreign person who holds an interest in at least 1 percent of the agricultural land, as that information is made available to the Secretary, categorized as a majority owner or a minority owner that holds an interest in the agricultural land.. (2) Deadline for database establishment \nSection 773 of division A of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ), is amended, in the first proviso, by striking 3 years and inserting 2 years. (d) Definition of foreign person \nSection 9(3) of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3508(3) ) is amended— (1) in subparagraph (C)(ii)(IV), by striking and at the end; (2) in subparagraph (D), by inserting and after the semicolon; and (3) by adding at the end the following: (E) any person, other than an individual or a government, that issues equity securities that are primarily traded on a foreign securities exchange within— (i) Iran; (ii) North Korea; (iii) the People's Republic of China; or (iv) the Russian Federation;.", "id": "id8E50D24B327F4EEB8B26025998B0317F", "header": "Agricultural foreign investment disclosure", "nested": [ { "text": "(a) Inclusion of security interests and leases in reporting requirements \n(1) In general \nSection 9 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3508 ) is amended— (A) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and (B) by inserting after paragraph (3) the following: (4) the term interest includes— (A) a security interest; and (B) a lease, without regard to the duration of the lease;. (2) Conforming amendment \nSection 2 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 ) is amended by striking , other than a security interest, each place it appears.", "id": "id3278B88DBB80420986E4963551946617", "header": "Inclusion of security interests and leases in reporting requirements", "nested": [], "links": [ { "text": "7 U.S.C. 3508", "legal-doc": "usc", "parsable-cite": "usc/7/3508" }, { "text": "7 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/7/3501" } ] }, { "text": "(b) Civil penalty \nSection 3 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3502 ) is amended— (1) in subsection (b), by striking exceed 25 percent and inserting be less than 15 percent, or exceed 30 percent, ; and (2) by adding at the end the following: (c) Liens \nOn imposing a penalty under subsection (a), the Secretary shall ensure that a lien is placed on the agricultural land with respect to which the violation occurred, which shall be released only on payment of the penalty..", "id": "idA289AAF29BA54F2EB17F372A1AA0A715", "header": "Civil penalty", "nested": [], "links": [ { "text": "7 U.S.C. 3502", "legal-doc": "usc", "parsable-cite": "usc/7/3502" } ] }, { "text": "(c) Transparency \n(1) In general \nSection 7 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3506 ) is amended to read as follows: 7. Public data sets \n(a) In general \nNot later than 2 years after the date of enactment of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ), the Secretary shall publish in the internet database established under section 773 of division A of that Act human-readable and machine-readable data sets that— (1) contain all data that the Secretary possesses relating to reporting under this Act from each report submitted to the Secretary under section 2; and (2) as soon as practicable, but not later than 30 days, after the date of receipt of any report under section 2, shall be updated with the data from that report. (b) Included data \nThe data sets established under subsection (a) shall include— (1) a description of— (A) the purchase price paid for, or any other consideration given for, each interest in agricultural land for which a report is submitted under section 2; and (B) updated estimated values of each interest in agricultural land described in subparagraph (A), as that information is made available to the Secretary, based on the most recently assessed value of the agricultural land or another comparable method determined by the Secretary; and (2) with respect to any agricultural land for which a report is submitted under section 2, updated descriptions of each foreign person who holds an interest in at least 1 percent of the agricultural land, as that information is made available to the Secretary, categorized as a majority owner or a minority owner that holds an interest in the agricultural land.. (2) Deadline for database establishment \nSection 773 of division A of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ), is amended, in the first proviso, by striking 3 years and inserting 2 years.", "id": "idF4F44FB39F4A4F0F948F72A10E54C9AA", "header": "Transparency", "nested": [], "links": [ { "text": "7 U.S.C. 3506", "legal-doc": "usc", "parsable-cite": "usc/7/3506" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] }, { "text": "(d) Definition of foreign person \nSection 9(3) of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3508(3) ) is amended— (1) in subparagraph (C)(ii)(IV), by striking and at the end; (2) in subparagraph (D), by inserting and after the semicolon; and (3) by adding at the end the following: (E) any person, other than an individual or a government, that issues equity securities that are primarily traded on a foreign securities exchange within— (i) Iran; (ii) North Korea; (iii) the People's Republic of China; or (iv) the Russian Federation;.", "id": "idC34C18D817B54D5B88580A823C4387FD", "header": "Definition of foreign person", "nested": [], "links": [ { "text": "7 U.S.C. 3508(3)", "legal-doc": "usc", "parsable-cite": "usc/7/3508" } ] } ], "links": [ { "text": "7 U.S.C. 3508", "legal-doc": "usc", "parsable-cite": "usc/7/3508" }, { "text": "7 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/7/3501" }, { "text": "7 U.S.C. 3502", "legal-doc": "usc", "parsable-cite": "usc/7/3502" }, { "text": "7 U.S.C. 3506", "legal-doc": "usc", "parsable-cite": "usc/7/3506" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" }, { "text": "7 U.S.C. 3508(3)", "legal-doc": "usc", "parsable-cite": "usc/7/3508" } ] }, { "text": "7. Public data sets \n(a) In general \nNot later than 2 years after the date of enactment of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ), the Secretary shall publish in the internet database established under section 773 of division A of that Act human-readable and machine-readable data sets that— (1) contain all data that the Secretary possesses relating to reporting under this Act from each report submitted to the Secretary under section 2; and (2) as soon as practicable, but not later than 30 days, after the date of receipt of any report under section 2, shall be updated with the data from that report. (b) Included data \nThe data sets established under subsection (a) shall include— (1) a description of— (A) the purchase price paid for, or any other consideration given for, each interest in agricultural land for which a report is submitted under section 2; and (B) updated estimated values of each interest in agricultural land described in subparagraph (A), as that information is made available to the Secretary, based on the most recently assessed value of the agricultural land or another comparable method determined by the Secretary; and (2) with respect to any agricultural land for which a report is submitted under section 2, updated descriptions of each foreign person who holds an interest in at least 1 percent of the agricultural land, as that information is made available to the Secretary, categorized as a majority owner or a minority owner that holds an interest in the agricultural land.", "id": "id3ADB20D5DB81465A8BB3CB0AD011D2A3", "header": "Public data sets", "nested": [ { "text": "(a) In general \nNot later than 2 years after the date of enactment of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ), the Secretary shall publish in the internet database established under section 773 of division A of that Act human-readable and machine-readable data sets that— (1) contain all data that the Secretary possesses relating to reporting under this Act from each report submitted to the Secretary under section 2; and (2) as soon as practicable, but not later than 30 days, after the date of receipt of any report under section 2, shall be updated with the data from that report.", "id": "idabc7b1a3cd2541d1b7182ce38405ccda", "header": "In general", "nested": [], "links": [ { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] }, { "text": "(b) Included data \nThe data sets established under subsection (a) shall include— (1) a description of— (A) the purchase price paid for, or any other consideration given for, each interest in agricultural land for which a report is submitted under section 2; and (B) updated estimated values of each interest in agricultural land described in subparagraph (A), as that information is made available to the Secretary, based on the most recently assessed value of the agricultural land or another comparable method determined by the Secretary; and (2) with respect to any agricultural land for which a report is submitted under section 2, updated descriptions of each foreign person who holds an interest in at least 1 percent of the agricultural land, as that information is made available to the Secretary, categorized as a majority owner or a minority owner that holds an interest in the agricultural land.", "id": "id29d46593fcf7489c8a8d0d66c3b0ed09", "header": "Included data", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] }, { "text": "6. Reports \n(a) Report from the Secretary on foreign ownership of agricultural land in the United States \n(1) In general \nNot later than 1 year after the date of enactment of this Act, and once every 2 years thereafter, the Secretary shall submit to Congress a report describing— (A) the risks and benefits, as determined by the Secretary, that are associated with foreign ownership or lease of agricultural land in rural areas (as defined in section 520 of the Housing Act of 1949 ( 42 U.S.C. 1490 )); (B) the intended and unintended misrepresentation of foreign land ownership in the annual reports prepared by the Secretary describing foreign holdings of agricultural land due to inaccurate reporting of foreign holdings of agricultural land; (C) the specific work that the Secretary has undertaken to monitor erroneous reporting required by the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 et seq. ) that would result in a violation or civil penalty; and (D) the role of State and local government authorities in tracking foreign ownership of agricultural land in the United States. (2) Protection of information \nIn carrying out paragraph (1), the Secretary shall establish a plan to ensure the protection of personally identifiable information. (b) Report from the Director of National Intelligence on foreign ownership of agricultural land in the United States \n(1) In general \nNot later than 1 year after the date of enactment of this Act, and once every 2 years thereafter, the Director of National Intelligence shall submit to the congressional recipients described in paragraph (2) a report describing— (A) an analysis of foreign malign influence (as defined in section 119C(e) of the National Security Act of 1947 ( 50 U.S.C. 3059(e) )) by covered persons that have foreign ownership in the United States agriculture industry; and (B) the primary motives, as determined by the Director of National Intelligence, of foreign investors to acquire agricultural land. (2) Congressional recipients described \nThe report under paragraph (1) shall be submitted to— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Foreign Relations of the Senate; (E) the Committee on Financial Services of the House of Representatives; (F) the Committee on Agriculture of the House of Representatives; (G) the Permanent Select Committee on Intelligence of the House of Representatives; (H) the Committee on Foreign Affairs of the House of Representatives; (I) the majority leader of the Senate; (J) the minority leader of the Senate; (K) the Speaker of the House of Representatives; and (L) the minority leader of the House of Representatives. (3) Classification \nThe report under paragraph (1) shall be submitted in an unclassified form, but may include a classified annex. (c) Government Accountability Office report \nNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing— (1) a review of resources, staffing, and expertise for carrying out the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 et seq. ), and enforcement issues limiting the effectiveness of that Act; and (2) any recommended necessary changes to that Act.", "id": "idBAA1EBA105F1416AAB70A4CB6D46D491", "header": "Reports", "nested": [ { "text": "(a) Report from the Secretary on foreign ownership of agricultural land in the United States \n(1) In general \nNot later than 1 year after the date of enactment of this Act, and once every 2 years thereafter, the Secretary shall submit to Congress a report describing— (A) the risks and benefits, as determined by the Secretary, that are associated with foreign ownership or lease of agricultural land in rural areas (as defined in section 520 of the Housing Act of 1949 ( 42 U.S.C. 1490 )); (B) the intended and unintended misrepresentation of foreign land ownership in the annual reports prepared by the Secretary describing foreign holdings of agricultural land due to inaccurate reporting of foreign holdings of agricultural land; (C) the specific work that the Secretary has undertaken to monitor erroneous reporting required by the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 et seq. ) that would result in a violation or civil penalty; and (D) the role of State and local government authorities in tracking foreign ownership of agricultural land in the United States. (2) Protection of information \nIn carrying out paragraph (1), the Secretary shall establish a plan to ensure the protection of personally identifiable information.", "id": "id1ac971842e234e6595777d8bd9993d4a", "header": "Report from the Secretary on foreign ownership of agricultural land in the United States", "nested": [], "links": [ { "text": "42 U.S.C. 1490", "legal-doc": "usc", "parsable-cite": "usc/42/1490" }, { "text": "7 U.S.C. 3501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/3501" } ] }, { "text": "(b) Report from the Director of National Intelligence on foreign ownership of agricultural land in the United States \n(1) In general \nNot later than 1 year after the date of enactment of this Act, and once every 2 years thereafter, the Director of National Intelligence shall submit to the congressional recipients described in paragraph (2) a report describing— (A) an analysis of foreign malign influence (as defined in section 119C(e) of the National Security Act of 1947 ( 50 U.S.C. 3059(e) )) by covered persons that have foreign ownership in the United States agriculture industry; and (B) the primary motives, as determined by the Director of National Intelligence, of foreign investors to acquire agricultural land. (2) Congressional recipients described \nThe report under paragraph (1) shall be submitted to— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Foreign Relations of the Senate; (E) the Committee on Financial Services of the House of Representatives; (F) the Committee on Agriculture of the House of Representatives; (G) the Permanent Select Committee on Intelligence of the House of Representatives; (H) the Committee on Foreign Affairs of the House of Representatives; (I) the majority leader of the Senate; (J) the minority leader of the Senate; (K) the Speaker of the House of Representatives; and (L) the minority leader of the House of Representatives. (3) Classification \nThe report under paragraph (1) shall be submitted in an unclassified form, but may include a classified annex.", "id": "idc9ee50c2963a4da0b58345f53e22e34a", "header": "Report from the Director of National Intelligence on foreign ownership of agricultural land in the United States", "nested": [], "links": [ { "text": "50 U.S.C. 3059(e)", "legal-doc": "usc", "parsable-cite": "usc/50/3059" } ] }, { "text": "(c) Government Accountability Office report \nNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing— (1) a review of resources, staffing, and expertise for carrying out the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3501 et seq. ), and enforcement issues limiting the effectiveness of that Act; and (2) any recommended necessary changes to that Act.", "id": "id64F174BBAFAE42F890F01E0998B90954", "header": "Government Accountability Office report", "nested": [], "links": [ { "text": "7 U.S.C. 3501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/3501" } ] } ], "links": [ { "text": "42 U.S.C. 1490", "legal-doc": "usc", "parsable-cite": "usc/42/1490" }, { "text": "7 U.S.C. 3501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/3501" }, { "text": "50 U.S.C. 3059(e)", "legal-doc": "usc", "parsable-cite": "usc/50/3059" }, { "text": "7 U.S.C. 3501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/3501" } ] } ]

[ "Administrative law and regulatory procedures", "Allergies", "Civil actions and liability", "Congressional oversight", "Consumer affairs", "Food and Drug Administration (FDA)", "Food supply, safety, and labeling", "Fruit and vegetables", "Grain", "Health promotion and preventive care", "Nutrition and diet", "Retail and wholesale trades" ]

[ { "text": "1. Short titles \nThis Act may be cited as the Contraband Awareness Technology Catches Harmful Fentanyl Act or the CATCH Fentanyl Act.", "id": "S1", "header": "Short titles", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (B) the Committee on Homeland Security of the House of Representatives. (2) Artificial intelligence; AI \nThe terms artificial intelligence and AI have the meaning given the term artificial intelligence in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4061 note). (3) CBP innovation team \nThe term CBP Innovation Team means the U.S. Customs and Border Protection Innovation Team within the Office of the Commissioner. (4) Nonintrusive inspection technology; NII technology \nThe terms nonintrusive inspection technology and NII technology means technical equipment and machines, such as X-ray or gamma-ray imaging equipment, that allow cargo inspections without the need to open the means of transport and unload the cargo. (5) Pilot projects \nThe term pilot projects means the projects required under section 3(a) for testing and assessing the use of technologies to improve the inspection process at land ports of entry.", "id": "id8a965690dac84124917ef1c56ffa9774", "header": "Definitions", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "10 U.S.C. 4061", "legal-doc": "usc", "parsable-cite": "usc/10/4061" } ] }, { "text": "3. Pilot projects allowing additional technology providers to participate in inspecting cars, trucks, and cargo containers at certain ports of entry \n(a) Establishment \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, acting through CBP Innovation Team, and in coordination with the Office of Field Operations, shall begin the implementation of pilot projects for testing and assessing the use of technologies or technology enhancements to improve the process for inspecting, including by increasing efficiencies of such inspections, any conveyance or mode of transportation at land ports of entry along the borders of the United States. The technologies or technology enhancements tested and assessed under the pilot projects shall be for the purpose of assisting U.S. Customs and Border Protection personnel to detect contraband, illegal drugs, illegal weapons, and threats on inbound and outbound traffic, in conjunction with the use of imaging equipment, radiation portal monitors, and chemical detectors. (2) Requirements \n(A) In general \nIn implementing the pilot projects at ports of entry, the CBP Innovation Team shall test and collect data regarding not fewer than 5 types of nonintrusive inspection technology enhancements that can be deployed at land ports of entry. The CBP Innovation Team shall test technology enhancements from not fewer than 1 of the following categories: (i) Artificial intelligence. (ii) Machine learning. (iii) High-performance computing. (iv) Quantum information sciences, including quantum sensing. (v) Other emerging technology. (B) Identification of effective enhancements \nThe pilot projects shall identify the most effective types of technology enhancements to improve the capabilities of nonintrusive inspection systems and other inspection systems used at land ports of entry based on— (i) the technology enhancement's ability to assist U.S. Customs and Border Protection accurately detect contraband, illegal drugs, illegal weapons, or threats in inbound and outbound traffic; (ii) the technology enhancement's ability to increase efficiencies of inspections to assist U.S. Customs and Border Protection address long wait times; (iii) the technology enhancement's ability to improve capabilities of aging detection equipment and infrastructure at land ports of entry; (iv) the technology enhancement’s safety relative to As Low As Reasonably Achievable (ALARA) standard practices; (v) the expected cost of implementing the new technology; (vi) the ability to integrate the new technology into the existing workflow and infrastructure; (vii) the technology enhancement’s ability to incorporate automatic threat recognition technology using standard formats and open architecture; (viii) the mobility of technology enhancements; and (ix) other performance measures identified by the CBP Innovation Team. (C) Private sector involvement \nThe CBP Innovation Team may solicit input from representatives of the private sector regarding commercially viable technologies. (3) Nonintrusive inspection systems program \nThe CBP Innovation Team shall work with existing nonintrusive inspection systems programs within U.S. Customs and Border Protection when planning and developing the pilot projects required under paragraph (1). (b) Termination \nThe pilot projects shall terminate on the date that is 5 years after the date of the enactment of this Act. (c) Reports required \nNot later than 3 years after the date of the enactment of this Act, and 180 days after the termination of the pilot projects pursuant to subsection (b), the Secretary of Homeland Security shall submit a report to the appropriate congressional committees that contains— (1) an analysis of the effectiveness of technology enhancements tested based on the requirements described in subsection (a)(2); (2) any recommendations from the testing and analysis concerning the ability to utilize such technologies at all land ports of entry; (3) a plan to utilize new technologies that meet the performance goals of the pilot projects across all U.S. Customs and Border Protection land ports of entry at the border, including total costs and a breakdown of the costs of such plan, including any infrastructure improvements that may be required to accommodate recommended technology enhancements; and (4) the analysis described in subsection (d). (d) Areas of analysis \nThe report required under subsection (c) shall include an analysis containing— (1) quantitative measurements of performance based on the requirements described in subsection (a)(2) of each technology tested compared with the status quo to reveal a broad picture of the performance of technologies and technology enhancements, such as— (A) the probability of detection, false alarm rate, and throughput; and (B) an analysis determining whether such observed performance represents a significant increase, decrease, or no change compared with current systems; (2) an assessment of the relative merits of each such technology; (3) any descriptive trends and patterns observed; and (4) performance measures for— (A) the technology enhancement's ability to assist with the detection of contraband on inbound and outbound traffic through automated (primary) inspection by measuring and reporting the probability of detection and false alarm rate for each NII system under operational conditions; (B) the throughput of cargo through each NII system with a technology enhancement, including a breakdown of the time needed for U.S. Customs and Border Protection— (i) to complete the image review process and clear low-risk shipments; and (ii) to complete additional inspections of high-risk items; (C) changes in U.S. Customs and Border Protection officer time commitments and personnel needs to sustain high volume NII scanning operations when technology enhancements are utilized; and (D) operational costs, including— (i) estimated implementation costs for each NII system with technology enhancements; and (ii) estimated cost savings due to improved efficiency due to technology enhancements, if applicable.", "id": "idf985a2053d3f40b7bee9e6c804991482", "header": "Pilot projects allowing additional technology providers to participate in inspecting cars, trucks, and cargo containers at certain ports of entry", "nested": [ { "text": "(a) Establishment \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, acting through CBP Innovation Team, and in coordination with the Office of Field Operations, shall begin the implementation of pilot projects for testing and assessing the use of technologies or technology enhancements to improve the process for inspecting, including by increasing efficiencies of such inspections, any conveyance or mode of transportation at land ports of entry along the borders of the United States. The technologies or technology enhancements tested and assessed under the pilot projects shall be for the purpose of assisting U.S. Customs and Border Protection personnel to detect contraband, illegal drugs, illegal weapons, and threats on inbound and outbound traffic, in conjunction with the use of imaging equipment, radiation portal monitors, and chemical detectors. (2) Requirements \n(A) In general \nIn implementing the pilot projects at ports of entry, the CBP Innovation Team shall test and collect data regarding not fewer than 5 types of nonintrusive inspection technology enhancements that can be deployed at land ports of entry. The CBP Innovation Team shall test technology enhancements from not fewer than 1 of the following categories: (i) Artificial intelligence. (ii) Machine learning. (iii) High-performance computing. (iv) Quantum information sciences, including quantum sensing. (v) Other emerging technology. (B) Identification of effective enhancements \nThe pilot projects shall identify the most effective types of technology enhancements to improve the capabilities of nonintrusive inspection systems and other inspection systems used at land ports of entry based on— (i) the technology enhancement's ability to assist U.S. Customs and Border Protection accurately detect contraband, illegal drugs, illegal weapons, or threats in inbound and outbound traffic; (ii) the technology enhancement's ability to increase efficiencies of inspections to assist U.S. Customs and Border Protection address long wait times; (iii) the technology enhancement's ability to improve capabilities of aging detection equipment and infrastructure at land ports of entry; (iv) the technology enhancement’s safety relative to As Low As Reasonably Achievable (ALARA) standard practices; (v) the expected cost of implementing the new technology; (vi) the ability to integrate the new technology into the existing workflow and infrastructure; (vii) the technology enhancement’s ability to incorporate automatic threat recognition technology using standard formats and open architecture; (viii) the mobility of technology enhancements; and (ix) other performance measures identified by the CBP Innovation Team. (C) Private sector involvement \nThe CBP Innovation Team may solicit input from representatives of the private sector regarding commercially viable technologies. (3) Nonintrusive inspection systems program \nThe CBP Innovation Team shall work with existing nonintrusive inspection systems programs within U.S. Customs and Border Protection when planning and developing the pilot projects required under paragraph (1).", "id": "idc21327f04bbd4201ad630ab59b9716bb", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Termination \nThe pilot projects shall terminate on the date that is 5 years after the date of the enactment of this Act.", "id": "ida58b9a886c0d45cfa045d2cb6ebf97bb", "header": "Termination", "nested": [], "links": [] }, { "text": "(c) Reports required \nNot later than 3 years after the date of the enactment of this Act, and 180 days after the termination of the pilot projects pursuant to subsection (b), the Secretary of Homeland Security shall submit a report to the appropriate congressional committees that contains— (1) an analysis of the effectiveness of technology enhancements tested based on the requirements described in subsection (a)(2); (2) any recommendations from the testing and analysis concerning the ability to utilize such technologies at all land ports of entry; (3) a plan to utilize new technologies that meet the performance goals of the pilot projects across all U.S. Customs and Border Protection land ports of entry at the border, including total costs and a breakdown of the costs of such plan, including any infrastructure improvements that may be required to accommodate recommended technology enhancements; and (4) the analysis described in subsection (d).", "id": "id143e69e4cc77481983bdf48fc29692b2", "header": "Reports required", "nested": [], "links": [] }, { "text": "(d) Areas of analysis \nThe report required under subsection (c) shall include an analysis containing— (1) quantitative measurements of performance based on the requirements described in subsection (a)(2) of each technology tested compared with the status quo to reveal a broad picture of the performance of technologies and technology enhancements, such as— (A) the probability of detection, false alarm rate, and throughput; and (B) an analysis determining whether such observed performance represents a significant increase, decrease, or no change compared with current systems; (2) an assessment of the relative merits of each such technology; (3) any descriptive trends and patterns observed; and (4) performance measures for— (A) the technology enhancement's ability to assist with the detection of contraband on inbound and outbound traffic through automated (primary) inspection by measuring and reporting the probability of detection and false alarm rate for each NII system under operational conditions; (B) the throughput of cargo through each NII system with a technology enhancement, including a breakdown of the time needed for U.S. Customs and Border Protection— (i) to complete the image review process and clear low-risk shipments; and (ii) to complete additional inspections of high-risk items; (C) changes in U.S. Customs and Border Protection officer time commitments and personnel needs to sustain high volume NII scanning operations when technology enhancements are utilized; and (D) operational costs, including— (i) estimated implementation costs for each NII system with technology enhancements; and (ii) estimated cost savings due to improved efficiency due to technology enhancements, if applicable.", "id": "id997bfcc7b1e643f3b97f73f1bacd9eb1", "header": "Areas of analysis", "nested": [], "links": [] } ], "links": [] } ]

[ "Transportation and Public Works" ]

[ { "text": "1. Short title \nThis Act may be cited as the Secure Access for Essential Reproductive Health Act of 2023 or the SAFER Health Act of 2023.", "id": "H9E16EC4452E54422A8B0E9C27E23343F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Ensuring the privacy of pregnancy termination or loss information under the HIPAA privacy regulations and the HITECH Act \n(a) In general \n(1) Prohibition on disclosure \nSubject to paragraph (2) and notwithstanding any regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note; Public Law 104–191 ), a covered entity or a business associate of a covered entity may not disclose pregnancy termination or loss information of an individual in Federal, State, local, or Tribal proceedings, including civil, criminal, administrative, legislative, or other proceedings, without the valid authorization of the individual made in accordance with section 164.508 of title 45, Code of Federal Regulations (or a successor regulation). (2) Exceptions \nParagraph (1) shall not apply in the case of a disclosure of pregnancy termination or loss information of an individual by a covered entity or a business associate of a covered entity if— (A) the pregnancy termination or loss information is necessary for use in defense of a professional liability action or proceeding against the covered entity or business associate and the pregnancy termination or loss information is disclosed by— (i) the covered entity or business associate to the covered entity’s or business associate’s attorney or professional liability insurer or insurer’s agent; or (ii) the authorized attorney of the covered entity or business associate to a court or body hearing the action or proceeding; or (B) (i) the pregnancy termination or loss information is necessary to investigate physical harm to the individual by another person directly relating to the loss or termination of the pregnancy; and (ii) the individual is unable to provide consent due to death or incapacity. (b) HITECH \n(1) Privacy exception \nThe Secretary shall revise section 171.202 of title 45, Code of Federal Regulations, to clarify that an entity’s practice of not fulfilling a request to access, exchange, or use electronic health information in order to comply with subsection (a) shall not be considered information blocking (as defined in section 171.103 of title 45, Code of Federal Regulations (or a successor regulation)) if the information is pregnancy termination or loss information. (2) Greater security \nThe Secretary shall revise section 170.401 of title 45, Code of Federal Regulations, to require that as a condition of certification (as described in that section), a health IT developer (as so described) shall implement practices that allow for the segregation of data relating to pregnancy termination or loss information to ensure compliance with subsection (a). (c) Preemption; modification of State preemption exceptions \n(1) Preemption \n(A) In general \nThis section shall preempt any State law to the extent that the State law conflicts with or prevents application of this section. (B) Effect \nNothing in subparagraph (A) shall be construed to preempt a State law to the extent that the State law provides greater privacy protections for pregnancy termination or loss information than provided under this section. (2) Modification \nThe Secretary shall revise section 160.203 of title 45, Code of Federal Regulations, to ensure that no exception to the general preemption rule stated in that section applies with respect to pregnancy termination or loss information other than the exception described in paragraph (1)(B). (d) Outreach \nThe Secretary shall conduct an outreach campaign to ensure that covered entities, business associates of covered entities, the public, and affected individuals are aware of the requirements of this section and any revisions to regulations made pursuant to this section. (e) Procedure \n(1) Interim final rule \nNot later than 90 days after the date of enactment of this Act, the Secretary shall revise each regulation as required by this section through publication of an interim final rule in the Federal Register. (2) Final rule \nNot later than 270 days after the date on which an interim final rule is published under paragraph (1), the Secretary, after providing opportunity for public comment, shall publish in the Federal Register a final rule with such modifications as the Secretary determines appropriate. (f) Definitions \nIn this section: (1) HIPAA terms \nThe terms business associate , covered entity , and protected health information have the meanings given those terms in section 160.103 of title 45, Code of Federal Regulations (or a successor regulation). (2) Pregnancy termination or loss information \nThe term pregnancy termination or loss information means protected health information of an individual that relates to information that could reveal having or seeking an abortion or care for pregnancy loss, including, without limitation, any request for, or receipt of, items, services, education, counseling, or referrals relating to the termination or loss of a pregnancy of the individual, including abortion, miscarriage, stillbirth, and ectopic pregnancy. (3) Secretary \nThe term Secretary means the Secretary of Health and Human Services.", "id": "H5059560BDBED4A88A548D9A10FF5BAF0", "header": "Ensuring the privacy of pregnancy termination or loss information under the HIPAA privacy regulations and the HITECH Act", "nested": [ { "text": "(a) In general \n(1) Prohibition on disclosure \nSubject to paragraph (2) and notwithstanding any regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note; Public Law 104–191 ), a covered entity or a business associate of a covered entity may not disclose pregnancy termination or loss information of an individual in Federal, State, local, or Tribal proceedings, including civil, criminal, administrative, legislative, or other proceedings, without the valid authorization of the individual made in accordance with section 164.508 of title 45, Code of Federal Regulations (or a successor regulation). (2) Exceptions \nParagraph (1) shall not apply in the case of a disclosure of pregnancy termination or loss information of an individual by a covered entity or a business associate of a covered entity if— (A) the pregnancy termination or loss information is necessary for use in defense of a professional liability action or proceeding against the covered entity or business associate and the pregnancy termination or loss information is disclosed by— (i) the covered entity or business associate to the covered entity’s or business associate’s attorney or professional liability insurer or insurer’s agent; or (ii) the authorized attorney of the covered entity or business associate to a court or body hearing the action or proceeding; or (B) (i) the pregnancy termination or loss information is necessary to investigate physical harm to the individual by another person directly relating to the loss or termination of the pregnancy; and (ii) the individual is unable to provide consent due to death or incapacity.", "id": "HF7ECD7A97E6E4374A463B1A203444F31", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "Public Law 104–191", "legal-doc": "public-law", "parsable-cite": "pl/104/191" } ] }, { "text": "(b) HITECH \n(1) Privacy exception \nThe Secretary shall revise section 171.202 of title 45, Code of Federal Regulations, to clarify that an entity’s practice of not fulfilling a request to access, exchange, or use electronic health information in order to comply with subsection (a) shall not be considered information blocking (as defined in section 171.103 of title 45, Code of Federal Regulations (or a successor regulation)) if the information is pregnancy termination or loss information. (2) Greater security \nThe Secretary shall revise section 170.401 of title 45, Code of Federal Regulations, to require that as a condition of certification (as described in that section), a health IT developer (as so described) shall implement practices that allow for the segregation of data relating to pregnancy termination or loss information to ensure compliance with subsection (a).", "id": "HA2D5D87DA2494B388DCAE45FA53C0E53", "header": "HITECH", "nested": [], "links": [] }, { "text": "(c) Preemption; modification of State preemption exceptions \n(1) Preemption \n(A) In general \nThis section shall preempt any State law to the extent that the State law conflicts with or prevents application of this section. (B) Effect \nNothing in subparagraph (A) shall be construed to preempt a State law to the extent that the State law provides greater privacy protections for pregnancy termination or loss information than provided under this section. (2) Modification \nThe Secretary shall revise section 160.203 of title 45, Code of Federal Regulations, to ensure that no exception to the general preemption rule stated in that section applies with respect to pregnancy termination or loss information other than the exception described in paragraph (1)(B).", "id": "HBB28D248B9694FA8B669B1C2FFA97F88", "header": "Preemption; modification of State preemption exceptions", "nested": [], "links": [] }, { "text": "(d) Outreach \nThe Secretary shall conduct an outreach campaign to ensure that covered entities, business associates of covered entities, the public, and affected individuals are aware of the requirements of this section and any revisions to regulations made pursuant to this section.", "id": "H4E23AF81A96F4F51AA75F09E0BA13E16", "header": "Outreach", "nested": [], "links": [] }, { "text": "(e) Procedure \n(1) Interim final rule \nNot later than 90 days after the date of enactment of this Act, the Secretary shall revise each regulation as required by this section through publication of an interim final rule in the Federal Register. (2) Final rule \nNot later than 270 days after the date on which an interim final rule is published under paragraph (1), the Secretary, after providing opportunity for public comment, shall publish in the Federal Register a final rule with such modifications as the Secretary determines appropriate.", "id": "H2F3B64DE7C174B83997C742C626F7FD9", "header": "Procedure", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) HIPAA terms \nThe terms business associate , covered entity , and protected health information have the meanings given those terms in section 160.103 of title 45, Code of Federal Regulations (or a successor regulation). (2) Pregnancy termination or loss information \nThe term pregnancy termination or loss information means protected health information of an individual that relates to information that could reveal having or seeking an abortion or care for pregnancy loss, including, without limitation, any request for, or receipt of, items, services, education, counseling, or referrals relating to the termination or loss of a pregnancy of the individual, including abortion, miscarriage, stillbirth, and ectopic pregnancy. (3) Secretary \nThe term Secretary means the Secretary of Health and Human Services.", "id": "H375EBD16B7C249E3ABD4384151DEE950", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "Public Law 104–191", "legal-doc": "public-law", "parsable-cite": "pl/104/191" } ] } ]

[ "Abortion", "Administrative law and regulatory procedures", "Computers and information technology", "Department of Health and Human Services", "Federal preemption", "Health care costs and insurance", "Health information and medical records", "Health personnel", "Right of privacy", "Sex and reproductive health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Protecting Access for Hunters and Anglers Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Protecting access for hunters and anglers on Federal land and water \n(a) In general \nExcept as provided in section 20.21 or 20.108 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act), and subsection (b), the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service or the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the applicable Secretary ), may not— (1) prohibit the use of lead ammunition or tackle on Federal land or water that is— (A) under the jurisdiction of the applicable Secretary; and (B) made available for hunting or fishing activities; or (2) issue regulations relating to the level of lead in ammunition or tackle to be used on Federal land or water described in paragraph (1). (b) Exception \nSubsection (a) shall not apply to a prohibition or regulations described in that subsection that are limited to a specific unit of Federal land or water, if the applicable Secretary determines that— (1) a decline in wildlife population at the specific unit of Federal land or water is primarily caused by the use of lead in ammunition or tackle, based on the field data from the specific unit of Federal land or water; and (2) the prohibition or regulations, as applicable, are— (A) consistent with the law of the State in which the specific Federal land or water is located; (B) consistent with an applicable policy of the fish and wildlife department of the State in which the specific Federal land or water is located; or (C) approved by the applicable fish and wildlife department of the State in which the specific Federal land or water is located. (c) Federal register notice \nThe applicable Secretary shall include in a Federal Register notice with respect to any prohibition or regulations that meet the requirements of paragraphs (1) and (2) of subsection (b) an explanation of how the prohibition or regulations, as applicable, meet those requirements.", "id": "id2D93C3B79F8A4B148651904E46BF54E3", "header": "Protecting access for hunters and anglers on Federal land and water", "nested": [ { "text": "(a) In general \nExcept as provided in section 20.21 or 20.108 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act), and subsection (b), the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service or the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the applicable Secretary ), may not— (1) prohibit the use of lead ammunition or tackle on Federal land or water that is— (A) under the jurisdiction of the applicable Secretary; and (B) made available for hunting or fishing activities; or (2) issue regulations relating to the level of lead in ammunition or tackle to be used on Federal land or water described in paragraph (1).", "id": "id5FF92B3AA9384C41B7C3D2749469C182", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exception \nSubsection (a) shall not apply to a prohibition or regulations described in that subsection that are limited to a specific unit of Federal land or water, if the applicable Secretary determines that— (1) a decline in wildlife population at the specific unit of Federal land or water is primarily caused by the use of lead in ammunition or tackle, based on the field data from the specific unit of Federal land or water; and (2) the prohibition or regulations, as applicable, are— (A) consistent with the law of the State in which the specific Federal land or water is located; (B) consistent with an applicable policy of the fish and wildlife department of the State in which the specific Federal land or water is located; or (C) approved by the applicable fish and wildlife department of the State in which the specific Federal land or water is located.", "id": "id9daa2967a85146a4a3975b6c0283a217", "header": "Exception", "nested": [], "links": [] }, { "text": "(c) Federal register notice \nThe applicable Secretary shall include in a Federal Register notice with respect to any prohibition or regulations that meet the requirements of paragraphs (1) and (2) of subsection (b) an explanation of how the prohibition or regulations, as applicable, meet those requirements.", "id": "id1a17f43058aa4f8583f3ef7a64308953", "header": "Federal register notice", "nested": [], "links": [] } ], "links": [] } ]

[ "Hazardous wastes and toxic substances", "Hunting and fishing", "Land use and conservation", "Metals", "Wildlife conservation and habitat protection" ]

[ { "text": "1. Short title \nThis Act may be cited as the Access to Prescription Digital Therapeutics Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Coverage and payment of prescription digital therapeutics under the Medicare program \n(a) Prescription digital therapeutic defined \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (nnn) Prescription digital therapeutic \nThe term prescription digital therapeutic means a product, device, internet application, or other technology that— (1) is cleared or approved under section 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act; (2) has a cleared or approved indication for the prevention, management, or treatment of a medical disease, condition, or disorder; (3) primarily uses software to achieve its intended result; and (4) is a device that is exempt from section 502(f)(1) of the Federal Food, Drug, and Cosmetic Act under section 801.109 of title 21 of the Code of Federal Regulations (or any successor regulation).. (b) Coverage as medical and other health service \nSection 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (1) in subparagraph (II), by striking and at the end; (2) in subparagraph (JJ), by adding and at the end; and (3) by adding at the end the following new subparagraph: (KK) prescription digital therapeutics furnished on or after January 1, 2024;. (c) Requirements for prescription digital therapeutics under Medicare \nPart B of the Social Security Act ( 42 U.S.C. 1395j et seq. ) is amended by inserting after section 1834A the following new section: 1834B. Requirements for prescription digital therapeutics \n(a) Payment \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Secretary shall establish a payment methodology for manufacturers of prescription digital therapeutics, which may consist of a one-time payment or periodic payments, as determined appropriate by the Secretary. (2) Considerations for payment methodology \nFor purposes of establishing the payment methodology under paragraph (1), the Secretary shall consider— (A) the actual list charge of such prescription digital therapeutic; (B) the weighted median (calculated by arraying the distribution of all payment rates reported for the most recent period for which such rates were reported under subsection (c)(1) for each prescription digital therapeutic weighted by volume for each payor and each manufacturer) for such prescription digital therapeutic; (C) in the case of a prescription digital therapeutic that requires ongoing use, the amount for such ongoing use; and (D) other factors as determined by the Secretary. (b) Coding \n(1) In general \nNot later than 2 years after the date of enactment of this section, the Secretary shall establish product-specific HCPCS codes for prescription digital therapeutic covered under this title. (2) Temporary code \nThe Secretary shall adopt temporary product-specific HCPCS codes for purposes of providing payment under this title until a permanent product-specific HCPCS code has been established under paragraph (1). (c) Manufacturer reporting \n(1) In general \nBeginning on January 1, 2024, each manufacturer of a prescription digital therapeutic covered under this title shall submit to the Secretary, at such time and in such manner as specified by the Secretary, and annually thereafter, a report describing— (A) the payment rate that was paid by each private payor for each prescription digital therapeutic during the period specified by the Secretary; (B) the volume of such prescription digital therapeutic distributed to each such payor for such period; and (C) the number of individual users of such prescription digital therapeutic for such period. (2) Treatment of discounts \nThe payment rate reported by a manufacturer in accordance with paragraph (1)(A) shall reflect all discounts, rebates, coupons, and other price concessions, including those described in section 1847A(c)(3). (3) Civil monetary penalty \n(A) In general \nIf the Secretary determines that a manufacturer has failed to report, or made a misrepresentation or omission in reporting, information under this subsection with respect to a prescription digital therapeutic, the Secretary may apply a civil money penalty in an amount of up to $10,000 per day for each failure to report or each such misrepresentation or omission. (B) Application \nThe provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as they apply to a civil money penalty or proceeding under section 1128A(a). (4) Confidentiality \nInformation reported under this subsection shall be treated in the same manner in which information disclosed by a manufacturer or a wholesaler of a covered outpatient drug is treated under section 1927(b)(3)(D). (d) Definitions \nFor purposes of this section: (1) Actual list charge \nThe term actual list charge means the publicly available payment rate for a prescription digital therapeutic on the first day that such prescription digital therapeutic is available for purchase by a private payor. (2) HCPCS \nThe term HCPCS means, with respect to an item, the code under the Healthcare Common Procedure Coding System (HCPCS) (or a successor code) for such item. (3) Manufacturer \nThe term manufacturer has the meaning given such term by section 820.3(o) of title 21, Code of Federal Regulations (or any successor regulation). (4) Prescription digital therapeutic \nThe term prescription digital therapeutic has the meaning given such term in section 1861(nnn). (5) Private payor \nThe term private payor has the meaning given such term in section 1834A(a)(8)..", "id": "id1D19509EB24C4BF7B19D72D7798872D8", "header": "Coverage and payment of prescription digital therapeutics under the Medicare program", "nested": [ { "text": "(a) Prescription digital therapeutic defined \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (nnn) Prescription digital therapeutic \nThe term prescription digital therapeutic means a product, device, internet application, or other technology that— (1) is cleared or approved under section 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act; (2) has a cleared or approved indication for the prevention, management, or treatment of a medical disease, condition, or disorder; (3) primarily uses software to achieve its intended result; and (4) is a device that is exempt from section 502(f)(1) of the Federal Food, Drug, and Cosmetic Act under section 801.109 of title 21 of the Code of Federal Regulations (or any successor regulation)..", "id": "id900C58A4CADB441487030EC55EB8ECC9", "header": "Prescription digital therapeutic defined", "nested": [], "links": [ { "text": "42 U.S.C. 1395x", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "(b) Coverage as medical and other health service \nSection 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (1) in subparagraph (II), by striking and at the end; (2) in subparagraph (JJ), by adding and at the end; and (3) by adding at the end the following new subparagraph: (KK) prescription digital therapeutics furnished on or after January 1, 2024;.", "id": "id8FB25C5267444AAB9C3A578AEB0D5260", "header": "Coverage as medical and other health service", "nested": [], "links": [ { "text": "42 U.S.C. 1395x(s)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "(c) Requirements for prescription digital therapeutics under Medicare \nPart B of the Social Security Act ( 42 U.S.C. 1395j et seq. ) is amended by inserting after section 1834A the following new section: 1834B. Requirements for prescription digital therapeutics \n(a) Payment \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Secretary shall establish a payment methodology for manufacturers of prescription digital therapeutics, which may consist of a one-time payment or periodic payments, as determined appropriate by the Secretary. (2) Considerations for payment methodology \nFor purposes of establishing the payment methodology under paragraph (1), the Secretary shall consider— (A) the actual list charge of such prescription digital therapeutic; (B) the weighted median (calculated by arraying the distribution of all payment rates reported for the most recent period for which such rates were reported under subsection (c)(1) for each prescription digital therapeutic weighted by volume for each payor and each manufacturer) for such prescription digital therapeutic; (C) in the case of a prescription digital therapeutic that requires ongoing use, the amount for such ongoing use; and (D) other factors as determined by the Secretary. (b) Coding \n(1) In general \nNot later than 2 years after the date of enactment of this section, the Secretary shall establish product-specific HCPCS codes for prescription digital therapeutic covered under this title. (2) Temporary code \nThe Secretary shall adopt temporary product-specific HCPCS codes for purposes of providing payment under this title until a permanent product-specific HCPCS code has been established under paragraph (1). (c) Manufacturer reporting \n(1) In general \nBeginning on January 1, 2024, each manufacturer of a prescription digital therapeutic covered under this title shall submit to the Secretary, at such time and in such manner as specified by the Secretary, and annually thereafter, a report describing— (A) the payment rate that was paid by each private payor for each prescription digital therapeutic during the period specified by the Secretary; (B) the volume of such prescription digital therapeutic distributed to each such payor for such period; and (C) the number of individual users of such prescription digital therapeutic for such period. (2) Treatment of discounts \nThe payment rate reported by a manufacturer in accordance with paragraph (1)(A) shall reflect all discounts, rebates, coupons, and other price concessions, including those described in section 1847A(c)(3). (3) Civil monetary penalty \n(A) In general \nIf the Secretary determines that a manufacturer has failed to report, or made a misrepresentation or omission in reporting, information under this subsection with respect to a prescription digital therapeutic, the Secretary may apply a civil money penalty in an amount of up to $10,000 per day for each failure to report or each such misrepresentation or omission. (B) Application \nThe provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as they apply to a civil money penalty or proceeding under section 1128A(a). (4) Confidentiality \nInformation reported under this subsection shall be treated in the same manner in which information disclosed by a manufacturer or a wholesaler of a covered outpatient drug is treated under section 1927(b)(3)(D). (d) Definitions \nFor purposes of this section: (1) Actual list charge \nThe term actual list charge means the publicly available payment rate for a prescription digital therapeutic on the first day that such prescription digital therapeutic is available for purchase by a private payor. (2) HCPCS \nThe term HCPCS means, with respect to an item, the code under the Healthcare Common Procedure Coding System (HCPCS) (or a successor code) for such item. (3) Manufacturer \nThe term manufacturer has the meaning given such term by section 820.3(o) of title 21, Code of Federal Regulations (or any successor regulation). (4) Prescription digital therapeutic \nThe term prescription digital therapeutic has the meaning given such term in section 1861(nnn). (5) Private payor \nThe term private payor has the meaning given such term in section 1834A(a)(8)..", "id": "idB2A12513E7834F319EB7219215B8AAF3", "header": "Requirements for prescription digital therapeutics under Medicare", "nested": [], "links": [ { "text": "42 U.S.C. 1395j et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395j" } ] } ], "links": [ { "text": "42 U.S.C. 1395x", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395x(s)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395j et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395j" } ] }, { "text": "1834B. Requirements for prescription digital therapeutics \n(a) Payment \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Secretary shall establish a payment methodology for manufacturers of prescription digital therapeutics, which may consist of a one-time payment or periodic payments, as determined appropriate by the Secretary. (2) Considerations for payment methodology \nFor purposes of establishing the payment methodology under paragraph (1), the Secretary shall consider— (A) the actual list charge of such prescription digital therapeutic; (B) the weighted median (calculated by arraying the distribution of all payment rates reported for the most recent period for which such rates were reported under subsection (c)(1) for each prescription digital therapeutic weighted by volume for each payor and each manufacturer) for such prescription digital therapeutic; (C) in the case of a prescription digital therapeutic that requires ongoing use, the amount for such ongoing use; and (D) other factors as determined by the Secretary. (b) Coding \n(1) In general \nNot later than 2 years after the date of enactment of this section, the Secretary shall establish product-specific HCPCS codes for prescription digital therapeutic covered under this title. (2) Temporary code \nThe Secretary shall adopt temporary product-specific HCPCS codes for purposes of providing payment under this title until a permanent product-specific HCPCS code has been established under paragraph (1). (c) Manufacturer reporting \n(1) In general \nBeginning on January 1, 2024, each manufacturer of a prescription digital therapeutic covered under this title shall submit to the Secretary, at such time and in such manner as specified by the Secretary, and annually thereafter, a report describing— (A) the payment rate that was paid by each private payor for each prescription digital therapeutic during the period specified by the Secretary; (B) the volume of such prescription digital therapeutic distributed to each such payor for such period; and (C) the number of individual users of such prescription digital therapeutic for such period. (2) Treatment of discounts \nThe payment rate reported by a manufacturer in accordance with paragraph (1)(A) shall reflect all discounts, rebates, coupons, and other price concessions, including those described in section 1847A(c)(3). (3) Civil monetary penalty \n(A) In general \nIf the Secretary determines that a manufacturer has failed to report, or made a misrepresentation or omission in reporting, information under this subsection with respect to a prescription digital therapeutic, the Secretary may apply a civil money penalty in an amount of up to $10,000 per day for each failure to report or each such misrepresentation or omission. (B) Application \nThe provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as they apply to a civil money penalty or proceeding under section 1128A(a). (4) Confidentiality \nInformation reported under this subsection shall be treated in the same manner in which information disclosed by a manufacturer or a wholesaler of a covered outpatient drug is treated under section 1927(b)(3)(D). (d) Definitions \nFor purposes of this section: (1) Actual list charge \nThe term actual list charge means the publicly available payment rate for a prescription digital therapeutic on the first day that such prescription digital therapeutic is available for purchase by a private payor. (2) HCPCS \nThe term HCPCS means, with respect to an item, the code under the Healthcare Common Procedure Coding System (HCPCS) (or a successor code) for such item. (3) Manufacturer \nThe term manufacturer has the meaning given such term by section 820.3(o) of title 21, Code of Federal Regulations (or any successor regulation). (4) Prescription digital therapeutic \nThe term prescription digital therapeutic has the meaning given such term in section 1861(nnn). (5) Private payor \nThe term private payor has the meaning given such term in section 1834A(a)(8).", "id": "id70C84AD59C704FF6B8D4264512B95BEF", "header": "Requirements for prescription digital therapeutics", "nested": [ { "text": "(a) Payment \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Secretary shall establish a payment methodology for manufacturers of prescription digital therapeutics, which may consist of a one-time payment or periodic payments, as determined appropriate by the Secretary. (2) Considerations for payment methodology \nFor purposes of establishing the payment methodology under paragraph (1), the Secretary shall consider— (A) the actual list charge of such prescription digital therapeutic; (B) the weighted median (calculated by arraying the distribution of all payment rates reported for the most recent period for which such rates were reported under subsection (c)(1) for each prescription digital therapeutic weighted by volume for each payor and each manufacturer) for such prescription digital therapeutic; (C) in the case of a prescription digital therapeutic that requires ongoing use, the amount for such ongoing use; and (D) other factors as determined by the Secretary.", "id": "id58FBA794ABDB4F77A81E68D6A7F23D0B", "header": "Payment", "nested": [], "links": [] }, { "text": "(b) Coding \n(1) In general \nNot later than 2 years after the date of enactment of this section, the Secretary shall establish product-specific HCPCS codes for prescription digital therapeutic covered under this title. (2) Temporary code \nThe Secretary shall adopt temporary product-specific HCPCS codes for purposes of providing payment under this title until a permanent product-specific HCPCS code has been established under paragraph (1).", "id": "id22D1C0CC012446C78F04C7AE06B252F9", "header": "Coding", "nested": [], "links": [] }, { "text": "(c) Manufacturer reporting \n(1) In general \nBeginning on January 1, 2024, each manufacturer of a prescription digital therapeutic covered under this title shall submit to the Secretary, at such time and in such manner as specified by the Secretary, and annually thereafter, a report describing— (A) the payment rate that was paid by each private payor for each prescription digital therapeutic during the period specified by the Secretary; (B) the volume of such prescription digital therapeutic distributed to each such payor for such period; and (C) the number of individual users of such prescription digital therapeutic for such period. (2) Treatment of discounts \nThe payment rate reported by a manufacturer in accordance with paragraph (1)(A) shall reflect all discounts, rebates, coupons, and other price concessions, including those described in section 1847A(c)(3). (3) Civil monetary penalty \n(A) In general \nIf the Secretary determines that a manufacturer has failed to report, or made a misrepresentation or omission in reporting, information under this subsection with respect to a prescription digital therapeutic, the Secretary may apply a civil money penalty in an amount of up to $10,000 per day for each failure to report or each such misrepresentation or omission. (B) Application \nThe provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as they apply to a civil money penalty or proceeding under section 1128A(a). (4) Confidentiality \nInformation reported under this subsection shall be treated in the same manner in which information disclosed by a manufacturer or a wholesaler of a covered outpatient drug is treated under section 1927(b)(3)(D).", "id": "idDE7CD648A9D24009B45BB43F7B128B4D", "header": "Manufacturer reporting", "nested": [], "links": [] }, { "text": "(d) Definitions \nFor purposes of this section: (1) Actual list charge \nThe term actual list charge means the publicly available payment rate for a prescription digital therapeutic on the first day that such prescription digital therapeutic is available for purchase by a private payor. (2) HCPCS \nThe term HCPCS means, with respect to an item, the code under the Healthcare Common Procedure Coding System (HCPCS) (or a successor code) for such item. (3) Manufacturer \nThe term manufacturer has the meaning given such term by section 820.3(o) of title 21, Code of Federal Regulations (or any successor regulation). (4) Prescription digital therapeutic \nThe term prescription digital therapeutic has the meaning given such term in section 1861(nnn). (5) Private payor \nThe term private payor has the meaning given such term in section 1834A(a)(8).", "id": "id8B4841387CE74758BB439C2181862AFD", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Coverage of prescription digital therapeutics under the Medicaid program \n(a) In general \nSection 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended— (1) in paragraph (30), by striking ; and and inserting a semicolon; (2) by redesignating paragraph (31) as paragraph (32); and (3) by inserting the following paragraph after paragraph (30): (31) prescription digital therapeutics (as defined in section 1861(nnn)); and. (b) Conforming amendments \nEffective the day after the amendments made by sections 5121 and 5122 of division FF of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ) take effect— (1) subsections (a)(84)(A) and (nn)(3) of section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) are each amended by striking paragraph (31) and inserting the last numbered paragraph ; and (2) the fifth sentence of section 1905(a) of such Act ( 42 U.S.C. 1396d(a) ) is amended by striking paragraph (30) and inserting the last numbered paragraph.", "id": "HE2CD3ED28F7B43F4B64359592393BDBA", "header": "Coverage of prescription digital therapeutics under the Medicaid program", "nested": [ { "text": "(a) In general \nSection 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended— (1) in paragraph (30), by striking ; and and inserting a semicolon; (2) by redesignating paragraph (31) as paragraph (32); and (3) by inserting the following paragraph after paragraph (30): (31) prescription digital therapeutics (as defined in section 1861(nnn)); and.", "id": "id643ae305b1274c56b4631f28a6eeb6c8", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1396d(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" } ] }, { "text": "(b) Conforming amendments \nEffective the day after the amendments made by sections 5121 and 5122 of division FF of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ) take effect— (1) subsections (a)(84)(A) and (nn)(3) of section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) are each amended by striking paragraph (31) and inserting the last numbered paragraph ; and (2) the fifth sentence of section 1905(a) of such Act ( 42 U.S.C. 1396d(a) ) is amended by striking paragraph (30) and inserting the last numbered paragraph.", "id": "id0bcec6a3af0d452eac0192a1b96ffbf3", "header": "Conforming amendments", "nested": [], "links": [ { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" }, { "text": "42 U.S.C. 1396a", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396d(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" } ] } ], "links": [ { "text": "42 U.S.C. 1396d(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" }, { "text": "42 U.S.C. 1396a", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396d(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" } ] } ]

[ "Business records", "Civil actions and liability", "Computers and information technology", "Digital media", "Health care costs and insurance", "Internet, web applications, social media", "Medicaid", "Medicare", "Prescription drugs" ]

[ { "text": "1. Short title \nThis Act may be cited as the Behavioral Health Information Technology Coordination Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Behavioral health information technology grants \nSubtitle B of title XXX of the Public Health Service Act ( 42 U.S.C. 300jj–31 et seq. ) is amended by adding at the end the following: 3019. Behavioral health information technology grants \n(a) Grants \n(1) In general \nThe National Coordinator shall award grants to eligible behavioral health care providers to promote behavioral health integration and improve care coordination for persons with mental health and substance use disorders. (2) NOFO \nNot later than 18 months after the date of enactment of the Behavioral Health Information Technology Coordination Act , the National Coordinator shall publish a Notice of Funding Opportunity for the grants described in paragraph (1). (b) Geographic distribution \nIn making grants under subsection (a), the National Coordinator shall— (1) to the maximum extent practicable, ensure an equitable geographical distribution of grant recipients throughout the United States; and (2) give due consideration to applicants from both urban and rural areas. (c) Eligible providers \nTo be eligible to receive a grant under subsection (a), a behavioral health care provider shall be— (1) a physician (as defined in section 1861(r)(1) of the Social Security Act) who specializes in psychiatry or addiction medicine; (2) a clinical psychologist providing qualified psychologist services (as defined in section 1861(ii) of such Act); (3) a nurse practitioner (as defined in section1861(aa)(5)(A) of such Act) with respect to the provision of psychiatric services; (4) a clinical social worker (as defined in section1861(hh)(1) of such Act); (5) a psychiatric hospital (as defined in section 1861(f) of such Act); (6) a community mental health center that meets the criteria specified in section 1913(c); or (7) a residential or outpatient mental health or substance abuse treatment facility. (d) Program requirements \nAn eligible behavioral health care provider receiving a grant under subsection (a) shall use the grant funds— (1) to purchase or upgrade health information technology software and support services needed to appropriately provide behavioral health care services and, where feasible, facilitate behavioral health integration; (2) to demonstrate (through a process specified by the Secretary, such as the use of attestation) that the eligible behavioral health care provider has acquired health information technology that meets the certification criteria described in the final rule of the Office of the National Coordinator for Health Information Technology of the Department of Health and Human Services entitled 2015 Edition Health Information Technology (Health IT) Certification Criteria, 2015 Edition Base Electronic Health Record (EHR) Definition, and ONC Health IT Certification Program Modifications (80 Fed. Reg. 62602 (October 16, 2015)) (or successor criteria); (3) to ensure that such health information technology is fully compliant with the regulations specified in the final rule of the Centers for Medicare & Medicaid Services entitled Medicare and Medicaid Programs; Patient Protection and Affordable Care Act; Interoperability and Patient Access for Medicare Advantage Organization and Medicaid Managed Care Plans, State Medicaid Agencies, CHIP Agencies and CHIP Managed Care Entities, Issuers of Qualified Health Plans on the Federally-Facilitated Exchanges, and Health Care Providers (85 Fed. Reg. 25510 (May 1, 2020)), including by demonstrating the capacity to exchange patient clinical data with primary care physicians, medical specialty providers and acute care hospitals, psychiatric hospitals, and hospital emergency departments; and (4) to promote, where feasible, the implementation and improvement of bidirectional integrated services, including evidence-informed screening, assessment, diagnosis, prevention, treatment, recovery, and coordinated discharge planning services for mental health and substance use disorders, and co-occurring physical health conditions and chronic diseases. (e) Applications \nAn eligible behavioral health care provider seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Grant amounts \nThe amount of a grant under subsection (a) shall be not more than $2,000,000. (g) Duration \nA grant under subsection (a) shall be for a period of not more than 2 years. (h) Reporting on program outcomes \nNot later than 2 years after the date of enactment of the Behavioral Health Information Technology Coordination Act , and annually thereafter, the Secretary shall submit to Congress a report that describes the implementation of the grant program under this section, including— (1) information on the number and type of behavioral health care providers that have acquired and implemented certified health information technology described in section 3001(c)(5)(C)(iv), including a description of any advances or challenges related to such acquisition and implementation; (2) information on the number and type of behavioral health care providers that received a grant under this section; (3) information on whether the number of, and rate of participation by, eligible behavioral health care providers, including behavioral health care providers that received a grant under this section, participating in Medicare and Medicaid under a value based or capitated payment arrangement has increased during the grant program; (4) the extent to which eligible behavioral health care providers that received a grant under this section are able to electronically exchange patient health information with local partners, including primary care physicians, medical specialty providers and acute care hospitals, psychiatric hospitals, hospital emergency departments, health information exchanges, Medicare Advantage plans under part C of title XVIII of the Social Security Act, medicaid managed care organizations (as defined in section 1903(m)(1)(A) of such Act), and related entities; (5) the extent to which eligible behavioral health care providers that received a grant under this section are measuring and electronically reporting patient clinical and non-clinical outcomes using common quality-reporting metrics established by the Centers for Medicare & Medicaid Services, such as the child and adult health quality measures published under sections 1139A and 1139B of the Social Security Act and quality measures under section 1848(q) of such Act; and (6) evaluation of the impact and effectiveness of grants under this section on advancing access to care, quality of care, interoperable exchange of patient health information between behavioral health and medical health providers, and recommendations on how to use health information technology to improve such outcomes. (i) Guidance \nThe Secretary shall require the Administrator of the Centers for Medicare & Medicaid Services, the Assistant Secretary for Mental Health and Substance Use, and the National Coordinator to develop joint guidance on how States can use Medicaid authorities and funding sources (including waiver authority under section 1115 of the Social Security Act, directed payments, enhanced Federal matching rates for certain expenditures, Federal funding for technical assistance, and payment and service delivery models tested by the Center for Medicare and Medicaid Innovation under section 1115A of the Social Security Act and other Federal resources to promote the adoption and interoperability of certified health information technology described in section 3001(c)(5)(C)(iv). (j) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2025 through 2029..", "id": "id34382c2ea0bb42218e6049f022172c1c", "header": "Behavioral health information technology grants", "nested": [], "links": [ { "text": "42 U.S.C. 300jj–31 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300jj-31" } ] }, { "text": "3019. Behavioral health information technology grants \n(a) Grants \n(1) In general \nThe National Coordinator shall award grants to eligible behavioral health care providers to promote behavioral health integration and improve care coordination for persons with mental health and substance use disorders. (2) NOFO \nNot later than 18 months after the date of enactment of the Behavioral Health Information Technology Coordination Act , the National Coordinator shall publish a Notice of Funding Opportunity for the grants described in paragraph (1). (b) Geographic distribution \nIn making grants under subsection (a), the National Coordinator shall— (1) to the maximum extent practicable, ensure an equitable geographical distribution of grant recipients throughout the United States; and (2) give due consideration to applicants from both urban and rural areas. (c) Eligible providers \nTo be eligible to receive a grant under subsection (a), a behavioral health care provider shall be— (1) a physician (as defined in section 1861(r)(1) of the Social Security Act) who specializes in psychiatry or addiction medicine; (2) a clinical psychologist providing qualified psychologist services (as defined in section 1861(ii) of such Act); (3) a nurse practitioner (as defined in section1861(aa)(5)(A) of such Act) with respect to the provision of psychiatric services; (4) a clinical social worker (as defined in section1861(hh)(1) of such Act); (5) a psychiatric hospital (as defined in section 1861(f) of such Act); (6) a community mental health center that meets the criteria specified in section 1913(c); or (7) a residential or outpatient mental health or substance abuse treatment facility. (d) Program requirements \nAn eligible behavioral health care provider receiving a grant under subsection (a) shall use the grant funds— (1) to purchase or upgrade health information technology software and support services needed to appropriately provide behavioral health care services and, where feasible, facilitate behavioral health integration; (2) to demonstrate (through a process specified by the Secretary, such as the use of attestation) that the eligible behavioral health care provider has acquired health information technology that meets the certification criteria described in the final rule of the Office of the National Coordinator for Health Information Technology of the Department of Health and Human Services entitled 2015 Edition Health Information Technology (Health IT) Certification Criteria, 2015 Edition Base Electronic Health Record (EHR) Definition, and ONC Health IT Certification Program Modifications (80 Fed. Reg. 62602 (October 16, 2015)) (or successor criteria); (3) to ensure that such health information technology is fully compliant with the regulations specified in the final rule of the Centers for Medicare & Medicaid Services entitled Medicare and Medicaid Programs; Patient Protection and Affordable Care Act; Interoperability and Patient Access for Medicare Advantage Organization and Medicaid Managed Care Plans, State Medicaid Agencies, CHIP Agencies and CHIP Managed Care Entities, Issuers of Qualified Health Plans on the Federally-Facilitated Exchanges, and Health Care Providers (85 Fed. Reg. 25510 (May 1, 2020)), including by demonstrating the capacity to exchange patient clinical data with primary care physicians, medical specialty providers and acute care hospitals, psychiatric hospitals, and hospital emergency departments; and (4) to promote, where feasible, the implementation and improvement of bidirectional integrated services, including evidence-informed screening, assessment, diagnosis, prevention, treatment, recovery, and coordinated discharge planning services for mental health and substance use disorders, and co-occurring physical health conditions and chronic diseases. (e) Applications \nAn eligible behavioral health care provider seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Grant amounts \nThe amount of a grant under subsection (a) shall be not more than $2,000,000. (g) Duration \nA grant under subsection (a) shall be for a period of not more than 2 years. (h) Reporting on program outcomes \nNot later than 2 years after the date of enactment of the Behavioral Health Information Technology Coordination Act , and annually thereafter, the Secretary shall submit to Congress a report that describes the implementation of the grant program under this section, including— (1) information on the number and type of behavioral health care providers that have acquired and implemented certified health information technology described in section 3001(c)(5)(C)(iv), including a description of any advances or challenges related to such acquisition and implementation; (2) information on the number and type of behavioral health care providers that received a grant under this section; (3) information on whether the number of, and rate of participation by, eligible behavioral health care providers, including behavioral health care providers that received a grant under this section, participating in Medicare and Medicaid under a value based or capitated payment arrangement has increased during the grant program; (4) the extent to which eligible behavioral health care providers that received a grant under this section are able to electronically exchange patient health information with local partners, including primary care physicians, medical specialty providers and acute care hospitals, psychiatric hospitals, hospital emergency departments, health information exchanges, Medicare Advantage plans under part C of title XVIII of the Social Security Act, medicaid managed care organizations (as defined in section 1903(m)(1)(A) of such Act), and related entities; (5) the extent to which eligible behavioral health care providers that received a grant under this section are measuring and electronically reporting patient clinical and non-clinical outcomes using common quality-reporting metrics established by the Centers for Medicare & Medicaid Services, such as the child and adult health quality measures published under sections 1139A and 1139B of the Social Security Act and quality measures under section 1848(q) of such Act; and (6) evaluation of the impact and effectiveness of grants under this section on advancing access to care, quality of care, interoperable exchange of patient health information between behavioral health and medical health providers, and recommendations on how to use health information technology to improve such outcomes. (i) Guidance \nThe Secretary shall require the Administrator of the Centers for Medicare & Medicaid Services, the Assistant Secretary for Mental Health and Substance Use, and the National Coordinator to develop joint guidance on how States can use Medicaid authorities and funding sources (including waiver authority under section 1115 of the Social Security Act, directed payments, enhanced Federal matching rates for certain expenditures, Federal funding for technical assistance, and payment and service delivery models tested by the Center for Medicare and Medicaid Innovation under section 1115A of the Social Security Act and other Federal resources to promote the adoption and interoperability of certified health information technology described in section 3001(c)(5)(C)(iv). (j) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2025 through 2029.", "id": "ide6d2b94c1ff141b38471bec425dae683", "header": "Behavioral health information technology grants", "nested": [ { "text": "(a) Grants \n(1) In general \nThe National Coordinator shall award grants to eligible behavioral health care providers to promote behavioral health integration and improve care coordination for persons with mental health and substance use disorders. (2) NOFO \nNot later than 18 months after the date of enactment of the Behavioral Health Information Technology Coordination Act , the National Coordinator shall publish a Notice of Funding Opportunity for the grants described in paragraph (1).", "id": "idb406a80b04b44e6d8bd45841c4007873", "header": "Grants", "nested": [], "links": [] }, { "text": "(b) Geographic distribution \nIn making grants under subsection (a), the National Coordinator shall— (1) to the maximum extent practicable, ensure an equitable geographical distribution of grant recipients throughout the United States; and (2) give due consideration to applicants from both urban and rural areas.", "id": "idc3c1738bb25447bea8d9cfcc04a8ebda", "header": "Geographic distribution", "nested": [], "links": [] }, { "text": "(c) Eligible providers \nTo be eligible to receive a grant under subsection (a), a behavioral health care provider shall be— (1) a physician (as defined in section 1861(r)(1) of the Social Security Act) who specializes in psychiatry or addiction medicine; (2) a clinical psychologist providing qualified psychologist services (as defined in section 1861(ii) of such Act); (3) a nurse practitioner (as defined in section1861(aa)(5)(A) of such Act) with respect to the provision of psychiatric services; (4) a clinical social worker (as defined in section1861(hh)(1) of such Act); (5) a psychiatric hospital (as defined in section 1861(f) of such Act); (6) a community mental health center that meets the criteria specified in section 1913(c); or (7) a residential or outpatient mental health or substance abuse treatment facility.", "id": "id354c372c090d4c07b0aff9f095698dca", "header": "Eligible providers", "nested": [], "links": [] }, { "text": "(d) Program requirements \nAn eligible behavioral health care provider receiving a grant under subsection (a) shall use the grant funds— (1) to purchase or upgrade health information technology software and support services needed to appropriately provide behavioral health care services and, where feasible, facilitate behavioral health integration; (2) to demonstrate (through a process specified by the Secretary, such as the use of attestation) that the eligible behavioral health care provider has acquired health information technology that meets the certification criteria described in the final rule of the Office of the National Coordinator for Health Information Technology of the Department of Health and Human Services entitled 2015 Edition Health Information Technology (Health IT) Certification Criteria, 2015 Edition Base Electronic Health Record (EHR) Definition, and ONC Health IT Certification Program Modifications (80 Fed. Reg. 62602 (October 16, 2015)) (or successor criteria); (3) to ensure that such health information technology is fully compliant with the regulations specified in the final rule of the Centers for Medicare & Medicaid Services entitled Medicare and Medicaid Programs; Patient Protection and Affordable Care Act; Interoperability and Patient Access for Medicare Advantage Organization and Medicaid Managed Care Plans, State Medicaid Agencies, CHIP Agencies and CHIP Managed Care Entities, Issuers of Qualified Health Plans on the Federally-Facilitated Exchanges, and Health Care Providers (85 Fed. Reg. 25510 (May 1, 2020)), including by demonstrating the capacity to exchange patient clinical data with primary care physicians, medical specialty providers and acute care hospitals, psychiatric hospitals, and hospital emergency departments; and (4) to promote, where feasible, the implementation and improvement of bidirectional integrated services, including evidence-informed screening, assessment, diagnosis, prevention, treatment, recovery, and coordinated discharge planning services for mental health and substance use disorders, and co-occurring physical health conditions and chronic diseases.", "id": "idc9110202d1484d2ab42b85ef2b66652d", "header": "Program requirements", "nested": [], "links": [] }, { "text": "(e) Applications \nAn eligible behavioral health care provider seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.", "id": "id073df7b807534b89af9e2eafae381303", "header": "Applications", "nested": [], "links": [] }, { "text": "(f) Grant amounts \nThe amount of a grant under subsection (a) shall be not more than $2,000,000.", "id": "id6d0ea2442eb54df68905da2506ece4b9", "header": "Grant amounts", "nested": [], "links": [] }, { "text": "(g) Duration \nA grant under subsection (a) shall be for a period of not more than 2 years.", "id": "ide3784133af02459aa4e80e9768f0da0c", "header": "Duration", "nested": [], "links": [] }, { "text": "(h) Reporting on program outcomes \nNot later than 2 years after the date of enactment of the Behavioral Health Information Technology Coordination Act , and annually thereafter, the Secretary shall submit to Congress a report that describes the implementation of the grant program under this section, including— (1) information on the number and type of behavioral health care providers that have acquired and implemented certified health information technology described in section 3001(c)(5)(C)(iv), including a description of any advances or challenges related to such acquisition and implementation; (2) information on the number and type of behavioral health care providers that received a grant under this section; (3) information on whether the number of, and rate of participation by, eligible behavioral health care providers, including behavioral health care providers that received a grant under this section, participating in Medicare and Medicaid under a value based or capitated payment arrangement has increased during the grant program; (4) the extent to which eligible behavioral health care providers that received a grant under this section are able to electronically exchange patient health information with local partners, including primary care physicians, medical specialty providers and acute care hospitals, psychiatric hospitals, hospital emergency departments, health information exchanges, Medicare Advantage plans under part C of title XVIII of the Social Security Act, medicaid managed care organizations (as defined in section 1903(m)(1)(A) of such Act), and related entities; (5) the extent to which eligible behavioral health care providers that received a grant under this section are measuring and electronically reporting patient clinical and non-clinical outcomes using common quality-reporting metrics established by the Centers for Medicare & Medicaid Services, such as the child and adult health quality measures published under sections 1139A and 1139B of the Social Security Act and quality measures under section 1848(q) of such Act; and (6) evaluation of the impact and effectiveness of grants under this section on advancing access to care, quality of care, interoperable exchange of patient health information between behavioral health and medical health providers, and recommendations on how to use health information technology to improve such outcomes.", "id": "idad7e6f3f30e44ba7baf98858794e377a", "header": "Reporting on program outcomes", "nested": [], "links": [] }, { "text": "(i) Guidance \nThe Secretary shall require the Administrator of the Centers for Medicare & Medicaid Services, the Assistant Secretary for Mental Health and Substance Use, and the National Coordinator to develop joint guidance on how States can use Medicaid authorities and funding sources (including waiver authority under section 1115 of the Social Security Act, directed payments, enhanced Federal matching rates for certain expenditures, Federal funding for technical assistance, and payment and service delivery models tested by the Center for Medicare and Medicaid Innovation under section 1115A of the Social Security Act and other Federal resources to promote the adoption and interoperability of certified health information technology described in section 3001(c)(5)(C)(iv).", "id": "id676cb1745fc841e9a3f3947408983fa6", "header": "Guidance", "nested": [], "links": [] }, { "text": "(j) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2025 through 2029.", "id": "id3f0b65891a9d4ba6a4ac5c5890ee042a", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Voluntary standards for behavioral health information technology \nSection 3001(c)(5)(C) of the Public Health Service Act ( 42 U.S.C. 300jj–11(c)(5)(C) ) is amended by adding at the end the following: (iv) Voluntary standards for behavioral health information technology \n(I) In general \nNot later than 1 year after the date of enactment of the Behavioral Health Information Technology Coordination Act , the National Coordinator and the Assistant Secretary for Mental Health and Substance Use, acting jointly, in consultation with appropriate stakeholders, shall develop recommendations for the voluntary certification of health information technology for behavioral health care that does not include a separate certification program for behavioral health care and practice settings. (II) Considerations \nThe recommendations under subclause (I) shall take into consideration issues such as privacy, minimum clinical data standards, and sharing relevant patient health data across the behavioral health care, primary health care, and specialty health care systems..", "id": "idd700b8c8ca344b658209485ff2ff02c0", "header": "Voluntary standards for behavioral health information technology", "nested": [], "links": [ { "text": "42 U.S.C. 300jj–11(c)(5)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/300jj-11" } ] } ]

[ "Computers and information technology", "Congressional oversight", "Health programs administration and funding", "Health technology, devices, supplies", "Mental health" ]

[ { "text": "1. Short title; findings \n(a) Short title \nThis Act may be cited as the Honoring National Recovery Month Act. (b) Findings \nCongress finds the following: (1) National Recovery Month is an annual observance in the United States to celebrate individuals who are in recovery from a substance use disorder or mental illness, and to educate the public and combat stigma with respect to substance use disorders and mental illnesses. (2) 2023 is the 34th observance of National Recovery Month. (3) In the United States, over 106,000 people died from drug overdoses in 2021, and over 49,000 people died from suicide in 2022. (4) Fatal overdoses in the United States increased from 2021 to 2022, and overdoses have increased since the onset of the COVID–19 pandemic. (5) A June 2020 study conducted by the Centers for Disease Control and Prevention shows that 41 percent of adults are experiencing an adverse mental health or behavioral health condition, including 31 percent who are experiencing symptoms of anxiety or depression, 11 percent who are seriously considering suicide, and 13 percent who are starting or increasing their substance use to cope with stress or emotions related to COVID–19.", "id": "id6EB7A92B71E24D3B8ACE0F9FC730B5A2", "header": "Short title; findings", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Honoring National Recovery Month Act.", "id": "id93F20A42442D460D849FF7C471111EEB", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Findings \nCongress finds the following: (1) National Recovery Month is an annual observance in the United States to celebrate individuals who are in recovery from a substance use disorder or mental illness, and to educate the public and combat stigma with respect to substance use disorders and mental illnesses. (2) 2023 is the 34th observance of National Recovery Month. (3) In the United States, over 106,000 people died from drug overdoses in 2021, and over 49,000 people died from suicide in 2022. (4) Fatal overdoses in the United States increased from 2021 to 2022, and overdoses have increased since the onset of the COVID–19 pandemic. (5) A June 2020 study conducted by the Centers for Disease Control and Prevention shows that 41 percent of adults are experiencing an adverse mental health or behavioral health condition, including 31 percent who are experiencing symptoms of anxiety or depression, 11 percent who are seriously considering suicide, and 13 percent who are starting or increasing their substance use to cope with stress or emotions related to COVID–19.", "id": "H8E3C69259F71496F930987EB81234B24", "header": "Findings", "nested": [], "links": [] } ], "links": [] }, { "text": "2. National Recovery Month activities \nPart D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. ) is amended by adding at the end the following: 552A. National Recovery Month activities \n(a) In general \nThe Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall carry out activities, or enter into an agreement with a national organization with experience coordinating activities in recognition of National Recovery Month to carry out activities— (1) to develop toolkits, public service announcements, webinars, graphics, and other communication materials with respect to National Recovery Month; (2) to develop, maintain, and update appropriate websites with respect to National Recovery Month; (3) to develop and distribute best practices for community engagement with respect to National Recovery Month; and (4) to celebrate individuals in recovery from substance use disorders or mental illness, educate the public on treatment of and recovery from substance use disorders or mental illness, combat stigma pertaining to substance use disorders or mental illness, and engage stakeholders in their participation in such activities. (b) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2024 through 2028..", "id": "HA422DC335D994290AA55A4DA1DFB2BF4", "header": "National Recovery Month activities", "nested": [], "links": [ { "text": "42 U.S.C. 290dd et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/290dd" } ] }, { "text": "552A. National Recovery Month activities \n(a) In general \nThe Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall carry out activities, or enter into an agreement with a national organization with experience coordinating activities in recognition of National Recovery Month to carry out activities— (1) to develop toolkits, public service announcements, webinars, graphics, and other communication materials with respect to National Recovery Month; (2) to develop, maintain, and update appropriate websites with respect to National Recovery Month; (3) to develop and distribute best practices for community engagement with respect to National Recovery Month; and (4) to celebrate individuals in recovery from substance use disorders or mental illness, educate the public on treatment of and recovery from substance use disorders or mental illness, combat stigma pertaining to substance use disorders or mental illness, and engage stakeholders in their participation in such activities. (b) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2024 through 2028.", "id": "H89B7DF5F3C94441CA60C7E07E4FD2185", "header": "National Recovery Month activities", "nested": [ { "text": "(a) In general \nThe Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall carry out activities, or enter into an agreement with a national organization with experience coordinating activities in recognition of National Recovery Month to carry out activities— (1) to develop toolkits, public service announcements, webinars, graphics, and other communication materials with respect to National Recovery Month; (2) to develop, maintain, and update appropriate websites with respect to National Recovery Month; (3) to develop and distribute best practices for community engagement with respect to National Recovery Month; and (4) to celebrate individuals in recovery from substance use disorders or mental illness, educate the public on treatment of and recovery from substance use disorders or mental illness, combat stigma pertaining to substance use disorders or mental illness, and engage stakeholders in their participation in such activities.", "id": "HAD6E59F01D664B34AA185732EC17D38D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2024 through 2028.", "id": "HB1252EEE97164FE2B683A1972074B3A9", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Commemorative events and holidays", "Drug, alcohol, tobacco use", "Government information and archives", "Health programs administration and funding", "Health promotion and preventive care", "Mental health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Apprenticeship Hubs Across America Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Registered apprenticeship programs provide apprentices employment with structured on-the-job training, little to no student loan debt, competitive wages, industry-recognized credentials, direct access to jobs and careers, and in some cases, the potential to earn college credit toward an associate’s or bachelor’s degree. (2) According to the Department of Labor, the average salary for an individual who completes an apprenticeship program is $77,000 annually. Apprentices who complete their program earn approximately $300,000 more during their career than peers who did not complete an apprenticeship. (3) There are still very few apprenticeship positions in sectors with high projected job growth. According to data from the Department of Labor, professional, scientific, and technical services—all industries with high projected job growth—had only 1,897 apprentices in fiscal year 2021. In the same year, there were less than 14,000 active apprentices in the field of healthcare and social assistance, one of the fastest growing sectors. (4) A major barrier to expanding registered apprenticeships in high-growth job sectors is employers’ lack of familiarity with the process to establish, and the requirements of, registered apprenticeship programs. (5) Workforce intermediaries, which are organizations at the national, regional, State, or local level that help ease the process for employers in developing and delivering new registered apprenticeship programs, can serve as a catalyzing force for creating and expanding registered apprenticeships in high-growth job sectors through technical assistance and capacity building for employers, labor organizations, educational institutions, and government entities.", "id": "ida79a912c4f5544359850d3f46413b542", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Apprenticeship \nThe term apprenticeship means an opportunity in a registered apprenticeship program. (2) In-demand industry sector \nThe term in-demand industry sector means a sector described in subparagraphs (A)(i) and (B) of section 3(23) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(23) ). (3) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (4) Local board \nThe term local board has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (5) Nontraditional apprenticeship occupation \nThe term nontraditional apprenticeship occupation means an occupation that has not traditionally engaged in carrying out registered apprenticeship programs, but which the Secretary determines would benefit from having such a program (such as an occupation in a financial services, advanced manufacturing, information technology, health care, or hospitality industry sector). (6) Registered apprenticeship program \nThe term registered apprenticeship program means a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (7) Secretary \nThe term Secretary means the Secretary of Labor. (8) State board \nThe term State board has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (9) Workforce intermediary \nThe term workforce intermediary means an entity that, at the national, regional, State, or local level— (A) (i) facilitates the establishment of registered apprenticeship programs; or (ii) if awarded a grant under this Act, has the capacity, and will work, to facilitate the establishment of registered apprenticeship programs; and (B) may be a partnership that includes 1 or more of the following as partners: (i) A business or industry organization. (ii) A community-based organization. (iii) A joint labor-management partnership. (iv) An institution of higher education. (v) A State board or local board. (vi) A nonprofit organization. (vii) An industry or sector partnership as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (viii) An industry association. (ix) A joint labor-management organization. (x) A consortium of organizations that provide technical assistance to support and to increase the development of registered apprenticeship programs. (xi) Any other entity that the Secretary considers to be appropriate.", "id": "id5fa4ba88c4d341cfac6b1b0c6f2f0833", "header": "Definitions", "nested": [], "links": [ { "text": "29 U.S.C. 3102(23)", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 50 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/50" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" } ] }, { "text": "4. Workforce intermediaries grant program \n(a) Establishment \nFrom amounts made available to carry out this Act, the Secretary shall establish and carry out a workforce intermediaries grant program by awarding grants, on a competitive basis, to workforce intermediaries, to enable the workforce intermediaries to engage a variety of stakeholders, such as local boards, secondary schools, institutions of higher education, and employers, to support, develop, and implement registered apprenticeship programs in accordance with section 6. (b) Duration \nA grant awarded under this Act shall be for a period of not more than 4 years. (c) Amount \nA grant awarded under this Act shall be in an amount of not more than $6,000,000, and such amount shall be determined based on the relative number of apprentices a workforce intermediary plans to facilitate. (d) Geographic diversity \nIn awarding grants under this Act, the Secretary shall ensure that there is geographic diversity in the areas in which activities will be carried out under the grants. (e) Matching funds \nA workforce intermediary receiving a grant under this Act shall provide matching funds, from non-Federal sources, for the activities supported under the grant. The matching funds shall be in an amount that is not less than 20 percent of the amount of grant funds provided under the grant.", "id": "id092e73e3f7074ea2acd89f5cfc625dbe", "header": "Workforce intermediaries grant program", "nested": [ { "text": "(a) Establishment \nFrom amounts made available to carry out this Act, the Secretary shall establish and carry out a workforce intermediaries grant program by awarding grants, on a competitive basis, to workforce intermediaries, to enable the workforce intermediaries to engage a variety of stakeholders, such as local boards, secondary schools, institutions of higher education, and employers, to support, develop, and implement registered apprenticeship programs in accordance with section 6.", "id": "id214945e777924fcba520cb48e3f0f22d", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Duration \nA grant awarded under this Act shall be for a period of not more than 4 years.", "id": "idd79f436d24204958a6562cb604a7237f", "header": "Duration", "nested": [], "links": [] }, { "text": "(c) Amount \nA grant awarded under this Act shall be in an amount of not more than $6,000,000, and such amount shall be determined based on the relative number of apprentices a workforce intermediary plans to facilitate.", "id": "id69A5B3E48D5C4E01BCF0342185AB2DA2", "header": "Amount", "nested": [], "links": [] }, { "text": "(d) Geographic diversity \nIn awarding grants under this Act, the Secretary shall ensure that there is geographic diversity in the areas in which activities will be carried out under the grants.", "id": "id8a87e150180148ea90a31f93dbdb002b", "header": "Geographic diversity", "nested": [], "links": [] }, { "text": "(e) Matching funds \nA workforce intermediary receiving a grant under this Act shall provide matching funds, from non-Federal sources, for the activities supported under the grant. The matching funds shall be in an amount that is not less than 20 percent of the amount of grant funds provided under the grant.", "id": "id1F57FE3BAD664C4C93D4EB88D6E05D73", "header": "Matching funds", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Applications \n(a) In general \nA workforce intermediary desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents \nThe application described in subsection (a) shall include— (1) information regarding— (A) in the case of a workforce intermediary described in section 3(9)(A)(i), the extent to which the workforce intermediary is working, as of the date of the application, with stakeholders to provide activities such as the activities described in section 6; or (B) in the case of a workforce intermediary described in section 3(9)(A)(ii), the capacity of the workforce intermediary to begin providing activities described in section 6 upon receipt of the grant, including information demonstrating that the workforce intermediary would be successful in carrying out such activities; (2) information regarding the extent to which the grant will help the workforce intermediary— (A) expand apprenticeships for in-demand industry sectors that lack apprenticeships at the time of the application; or (B) target populations that are underrepresented— (i) in apprenticeships generally; or (ii) in the fields in which the apprentices will be trained; (3) assurances that— (A) the workforce intermediary will cooperate in the evaluation of the project conducted under section 7; and (B) the workforce intermediary will meet the matching requirement under section 4(e); (4) information about the workforce intermediary's— (A) experience in providing activities described in section 6 and capacity, or ability to develop or expand capacity, to provide such activities; (B) experience working in a collaborative environment with government and nongovernmental entities; (C) ability to raise or provide funding to cover operating costs for the long-term sustainability of the activities supported under the grant; and (D) capacity and infrastructure to track outcomes and measure results, including capacity to track and analyze program performance and assess program impact; and (5) information describing how the workforce intermediary will promote the diversity described in section 6(b)(1)(F).", "id": "ida7d1eda9a98349a2b7e9aea4d9d232bb", "header": "Applications", "nested": [ { "text": "(a) In general \nA workforce intermediary desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.", "id": "idF97A76A4E0C842E081F92377AF9B2624", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe application described in subsection (a) shall include— (1) information regarding— (A) in the case of a workforce intermediary described in section 3(9)(A)(i), the extent to which the workforce intermediary is working, as of the date of the application, with stakeholders to provide activities such as the activities described in section 6; or (B) in the case of a workforce intermediary described in section 3(9)(A)(ii), the capacity of the workforce intermediary to begin providing activities described in section 6 upon receipt of the grant, including information demonstrating that the workforce intermediary would be successful in carrying out such activities; (2) information regarding the extent to which the grant will help the workforce intermediary— (A) expand apprenticeships for in-demand industry sectors that lack apprenticeships at the time of the application; or (B) target populations that are underrepresented— (i) in apprenticeships generally; or (ii) in the fields in which the apprentices will be trained; (3) assurances that— (A) the workforce intermediary will cooperate in the evaluation of the project conducted under section 7; and (B) the workforce intermediary will meet the matching requirement under section 4(e); (4) information about the workforce intermediary's— (A) experience in providing activities described in section 6 and capacity, or ability to develop or expand capacity, to provide such activities; (B) experience working in a collaborative environment with government and nongovernmental entities; (C) ability to raise or provide funding to cover operating costs for the long-term sustainability of the activities supported under the grant; and (D) capacity and infrastructure to track outcomes and measure results, including capacity to track and analyze program performance and assess program impact; and (5) information describing how the workforce intermediary will promote the diversity described in section 6(b)(1)(F).", "id": "id7589BDBB4CB446B98248F05CAD1CD9A8", "header": "Contents", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Use of funds \n(a) In general \nA workforce intermediary that receives a grant under this Act shall use the grant funds to carry out activities, which may include activities described in subsection (b) or other strategies as may be necessary, that support the development and successful implementation of registered apprenticeship programs. (b) Suggested uses \nA workforce intermediary may carry out subsection (a) through 1 or more of the following activities, as determined appropriate by the Secretary: (1) Outreach and marketing \nA workforce intermediary may provide services to engage employers in registered apprenticeship programs, which may include— (A) marketing apprenticeships regionally, to employers and to potential apprentices; (B) marketing apprenticeships to secondary school students, counselors, school administrators, or parents; (C) recruiting and evaluating candidates for apprenticeships; (D) conducting outreach to employers to persuade the employers to adopt the apprenticeship model; (E) matching employers with apprentices; and (F) promoting diversity among apprentices by promoting outreach to underrepresented populations (such as women and minorities), youth, individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )), and veterans. (2) Employer engagement \nThe workforce intermediary may provide services to engage employers in, and develop curricula for, registered apprenticeship programs, which may include assisting a small or medium-sized employer with— (A) designing a curriculum for a registered apprenticeship program that blends occupation-specific skills and general industry skills; (B) designing a comprehensive training plan for apprentices; (C) navigating the registration process for the registered apprenticeship program; (D) identifying skills, both technical and behavioral, needed to perform the occupation in question; (E) providing training to managers and front-line employees to serve as trainers or mentors to apprentices in the registered apprenticeship program; (F) paying for the cost of off-site training provided to apprentices; (G) coordinating activities between training instructors and worksite supervisors of apprentices; (H) conducting or arranging for off-the-job training related to the apprenticeship; (I) convening employers to define skills for the registered apprenticeship program; and (J) developing occupational standards that are nationally recognized and portable to help guide employers and sponsors in establishing new registered apprenticeship programs. (3) Support services for apprentices \nThe workforce intermediary may provide support services for apprentices to assure their success in, and after, registered apprenticeship programs, which may include— (A) providing guidance to, mentorship to, and oversight of apprentices during the program, to ensure retention and completion; (B) providing services to address challenges that surface for apprentices during the apprenticeship; (C) providing professional development training needed for apprentices to succeed in a full-time job after the apprenticeship; (D) providing post-apprenticeship job counseling and job placement services; (E) coordinating pre-apprenticeship training or off-the-job training related to the occupation involved in the apprenticeship; and (F) arranging for an institution of higher education to provide training courses. (4) Local and national support for registered apprenticeships \nThe workforce intermediary may support registered apprenticeship programs locally and nationally, which may include— (A) developing national guidelines and standards for registered apprenticeships in non-traditional apprenticeship occupations; (B) connecting multi-region efforts for registered apprenticeship programs; (C) documenting best practices in operating a workforce intermediary; and (D) providing the ongoing infrastructure to support apprenticeships in an industry. (c) Emphasis on in-Demand registered apprenticeship programs \nIn carrying out activities under a grant under this Act, the workforce intermediary receiving the grant shall place an emphasis on supporting registered apprenticeship programs that lead to skilled jobs and wages in in-demand industry sectors.", "id": "idde554cc0767d490f99a5fedd8c7cf819", "header": "Use of funds", "nested": [ { "text": "(a) In general \nA workforce intermediary that receives a grant under this Act shall use the grant funds to carry out activities, which may include activities described in subsection (b) or other strategies as may be necessary, that support the development and successful implementation of registered apprenticeship programs.", "id": "id6e2d3e26a02f4ebcb746a071d8d50702", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Suggested uses \nA workforce intermediary may carry out subsection (a) through 1 or more of the following activities, as determined appropriate by the Secretary: (1) Outreach and marketing \nA workforce intermediary may provide services to engage employers in registered apprenticeship programs, which may include— (A) marketing apprenticeships regionally, to employers and to potential apprentices; (B) marketing apprenticeships to secondary school students, counselors, school administrators, or parents; (C) recruiting and evaluating candidates for apprenticeships; (D) conducting outreach to employers to persuade the employers to adopt the apprenticeship model; (E) matching employers with apprentices; and (F) promoting diversity among apprentices by promoting outreach to underrepresented populations (such as women and minorities), youth, individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )), and veterans. (2) Employer engagement \nThe workforce intermediary may provide services to engage employers in, and develop curricula for, registered apprenticeship programs, which may include assisting a small or medium-sized employer with— (A) designing a curriculum for a registered apprenticeship program that blends occupation-specific skills and general industry skills; (B) designing a comprehensive training plan for apprentices; (C) navigating the registration process for the registered apprenticeship program; (D) identifying skills, both technical and behavioral, needed to perform the occupation in question; (E) providing training to managers and front-line employees to serve as trainers or mentors to apprentices in the registered apprenticeship program; (F) paying for the cost of off-site training provided to apprentices; (G) coordinating activities between training instructors and worksite supervisors of apprentices; (H) conducting or arranging for off-the-job training related to the apprenticeship; (I) convening employers to define skills for the registered apprenticeship program; and (J) developing occupational standards that are nationally recognized and portable to help guide employers and sponsors in establishing new registered apprenticeship programs. (3) Support services for apprentices \nThe workforce intermediary may provide support services for apprentices to assure their success in, and after, registered apprenticeship programs, which may include— (A) providing guidance to, mentorship to, and oversight of apprentices during the program, to ensure retention and completion; (B) providing services to address challenges that surface for apprentices during the apprenticeship; (C) providing professional development training needed for apprentices to succeed in a full-time job after the apprenticeship; (D) providing post-apprenticeship job counseling and job placement services; (E) coordinating pre-apprenticeship training or off-the-job training related to the occupation involved in the apprenticeship; and (F) arranging for an institution of higher education to provide training courses. (4) Local and national support for registered apprenticeships \nThe workforce intermediary may support registered apprenticeship programs locally and nationally, which may include— (A) developing national guidelines and standards for registered apprenticeships in non-traditional apprenticeship occupations; (B) connecting multi-region efforts for registered apprenticeship programs; (C) documenting best practices in operating a workforce intermediary; and (D) providing the ongoing infrastructure to support apprenticeships in an industry.", "id": "id6c08d37723ec4d048daa81447e1687fe", "header": "Suggested uses", "nested": [], "links": [ { "text": "42 U.S.C. 12102", "legal-doc": "usc", "parsable-cite": "usc/42/12102" } ] }, { "text": "(c) Emphasis on in-Demand registered apprenticeship programs \nIn carrying out activities under a grant under this Act, the workforce intermediary receiving the grant shall place an emphasis on supporting registered apprenticeship programs that lead to skilled jobs and wages in in-demand industry sectors.", "id": "id22AF78DA53EB4BAFAD8920B5F9137E4D", "header": "Emphasis on in-Demand registered apprenticeship programs", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 12102", "legal-doc": "usc", "parsable-cite": "usc/42/12102" } ] }, { "text": "7. Performance and evaluation \n(a) Performance progress reports to the Secretary \n(1) In General \nThe Secretary shall require each workforce intermediary receiving a grant under this Act to submit performance progress reports at such time, in such manner, and containing such information as the Secretary may require. (2) Elements \nEach self-evaluation performance report described in paragraph (1) shall include, at a minimum— (A) the goals, plans, and accomplishments of the workforce intermediary; (B) how grant funds have been used; and (C) how the workforce intermediary has furthered the purposes described in section 4(a). (b) Evaluations \n(1) In general \nThe Secretary shall conduct an evaluation of each workforce intermediary that receives a grant under this Act 6 years after the date on which funds for the grant are first disbursed. (2) Contents of evaluation \nThe evaluation described in paragraph (1) shall include a critical analysis of the workforce intermediary— (A) by addressing topics such as— (i) the goals of the workforce intermediary; (ii) the core competency training offered by the workforce intermediary, without regard as to whether such training was supported by grant funds; (iii) the structure of the wage progression or career ladder for each registered apprenticeship program established or supported by the workforce intermediary; (iv) the major recruitment sources of apprentices for the workforce intermediary; (v) information on how apprentices are selected by the workforce intermediary; (vi) the recruitment challenges that the workforce intermediary faces; (vii) the demographic and educational characteristics of apprentices supported by the workforce intermediary; (viii) the structure of the workforce intermediary, including the number of staff employed by the workforce intermediary; (ix) the factors that contribute to a workforce intermediary’s sustainability and replicability; and (x) the number of apprenticeships facilitated by the workforce intermediary and the occupations involved in the apprenticeships; and (B) that evaluates the workforce intermediary using information on— (i) the levels of performance achieved by the workforce intermediary with respect to the performance indicators under section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A) ), for all apprentices who complete a registered apprenticeship program supported by the workforce intermediary; (ii) the completion rates for apprentices in each registered apprenticeship program supported by the workforce intermediary; (iii) job retention of apprentices, based on 1 year after completing the registered apprenticeship program supported by the workforce intermediary; (iv) the income level of jobs obtained by apprentices after completing the apprenticeship program; and (v) the occupations in in-demand industry sectors, and nontraditional apprenticeship occupations, that the workforce intermediary has successfully served through the grant by creating registered apprenticeship programs in those occupations. (3) Scope of evaluation \nIn conducting the evaluation under paragraph (1), the Secretary shall, to the fullest extent practicable, limit the evaluation to the efforts of the workforce intermediary supported under this Act, but shall also consider all of the efforts of the workforce intermediary to support registered apprenticeship programs. (4) Report \nBy not later than 90 days after the evaluation is completed, the Secretary shall prepare and submit to the workforce intermediary, and make publicly available, a report that will contain— (A) the results of the evaluation, including the topics and information described in paragraph (2); and (B) recommendations on how to further improve the outcomes of the workforce intermediary. (c) Renewal \nThe Secretary shall use the performance progress reports and the results of an evaluation under this section for a project to determine whether to renew a grant for the workforce intermediary for that project.", "id": "idE9CAA679C6C147A9A204AE009E9D03EC", "header": "Performance and evaluation", "nested": [ { "text": "(a) Performance progress reports to the Secretary \n(1) In General \nThe Secretary shall require each workforce intermediary receiving a grant under this Act to submit performance progress reports at such time, in such manner, and containing such information as the Secretary may require. (2) Elements \nEach self-evaluation performance report described in paragraph (1) shall include, at a minimum— (A) the goals, plans, and accomplishments of the workforce intermediary; (B) how grant funds have been used; and (C) how the workforce intermediary has furthered the purposes described in section 4(a).", "id": "idc8df95235f3d4d87bcf69a544ffb236e", "header": "Performance progress reports to the Secretary", "nested": [], "links": [] }, { "text": "(b) Evaluations \n(1) In general \nThe Secretary shall conduct an evaluation of each workforce intermediary that receives a grant under this Act 6 years after the date on which funds for the grant are first disbursed. (2) Contents of evaluation \nThe evaluation described in paragraph (1) shall include a critical analysis of the workforce intermediary— (A) by addressing topics such as— (i) the goals of the workforce intermediary; (ii) the core competency training offered by the workforce intermediary, without regard as to whether such training was supported by grant funds; (iii) the structure of the wage progression or career ladder for each registered apprenticeship program established or supported by the workforce intermediary; (iv) the major recruitment sources of apprentices for the workforce intermediary; (v) information on how apprentices are selected by the workforce intermediary; (vi) the recruitment challenges that the workforce intermediary faces; (vii) the demographic and educational characteristics of apprentices supported by the workforce intermediary; (viii) the structure of the workforce intermediary, including the number of staff employed by the workforce intermediary; (ix) the factors that contribute to a workforce intermediary’s sustainability and replicability; and (x) the number of apprenticeships facilitated by the workforce intermediary and the occupations involved in the apprenticeships; and (B) that evaluates the workforce intermediary using information on— (i) the levels of performance achieved by the workforce intermediary with respect to the performance indicators under section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A) ), for all apprentices who complete a registered apprenticeship program supported by the workforce intermediary; (ii) the completion rates for apprentices in each registered apprenticeship program supported by the workforce intermediary; (iii) job retention of apprentices, based on 1 year after completing the registered apprenticeship program supported by the workforce intermediary; (iv) the income level of jobs obtained by apprentices after completing the apprenticeship program; and (v) the occupations in in-demand industry sectors, and nontraditional apprenticeship occupations, that the workforce intermediary has successfully served through the grant by creating registered apprenticeship programs in those occupations. (3) Scope of evaluation \nIn conducting the evaluation under paragraph (1), the Secretary shall, to the fullest extent practicable, limit the evaluation to the efforts of the workforce intermediary supported under this Act, but shall also consider all of the efforts of the workforce intermediary to support registered apprenticeship programs. (4) Report \nBy not later than 90 days after the evaluation is completed, the Secretary shall prepare and submit to the workforce intermediary, and make publicly available, a report that will contain— (A) the results of the evaluation, including the topics and information described in paragraph (2); and (B) recommendations on how to further improve the outcomes of the workforce intermediary.", "id": "id047F16DC48504DE0A54C9A2C735C3766", "header": "Evaluations", "nested": [], "links": [ { "text": "29 U.S.C. 3141(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/3141" } ] }, { "text": "(c) Renewal \nThe Secretary shall use the performance progress reports and the results of an evaluation under this section for a project to determine whether to renew a grant for the workforce intermediary for that project.", "id": "ida9d12cb23bbd40f6be3c85d805d84669", "header": "Renewal", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 3141(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/3141" } ] }, { "text": "8. Workshops; best practices \nThe Secretary shall use not more than 5 percent of the funds made available under this Act to— (1) plan and conduct workshops throughout the United States to instruct interested organizations on how to create workforce intermediaries on a national, State, or local level, and navigate the grant process described in this Act; and (2) disseminate best practices on effective development and implementation of registered apprenticeship programs through workforce intermediaries.", "id": "id02F2F0A6BB4B442491EEF927D181323B", "header": "Workshops; best practices", "nested": [], "links": [] }, { "text": "9. Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2024 through 2028.", "id": "iddc901727eb5a4290a4577a1a623c82d7", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Disability and paralysis", "Educational guidance", "Elementary and secondary education", "Employment and training programs", "Higher education", "Minority employment", "Small business", "Teaching, teachers, curricula", "Wages and earnings", "Women's employment", "Youth employment and child labor" ]

[ { "text": "1. Short title \nThis Act may be cited as the Congressional Tribute to Constance Baker Motley Act of 2023.", "id": "HBC57CC1792F445559FFDD37949207E83", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Constance Baker Motley was born in 1921, in New Haven, Connecticut, the daughter of immigrants from the Caribbean island of Nevis. (2) In 1943, Constance Baker Motley graduated from New York University with a Bachelor of Arts degree in economics. (3) Upon receiving a law degree from Columbia University in 1946, Constance Baker Motley became a staff attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc. (referred to in this Act as the LDF ), and fought tirelessly for 2 decades alongside Thurgood Marshall and other leading civil rights lawyers to dismantle segregation throughout the United States. (4) Constance Baker Motley was the only female attorney on the LDF legal team that won the landmark desegregation case, Brown v. Board of Education, 347 U.S. 483 (1954). (5) Constance Baker Motley argued 10 major civil rights cases before the Supreme Court of the United States, winning all but 1, including the case brought on behalf of James Meredith challenging the refusal of the University of Mississippi to admit him. (6) Constance Baker Motley’s only loss before the Supreme Court of the United States in Swain v. Alabama, 380 U.S. 202 (1965), a case in which the Supreme Court refused to proscribe race-based peremptory challenges in cases involving African-American defendants, and which was later reversed in Batson v. Kentucky, 476 U.S. 79 (1986), on grounds that were largely asserted by Constance Baker Motley in the Swain case. (7) In 1964, Constance Baker Motley became the first African-American woman elected to the New York State Senate. (8) In 1965, Constance Baker Motley became the first African-American woman, and the first woman, to serve as president of the Borough of Manhattan. (9) Constance Baker Motley, in her capacity as an elected public official in New York, continued to fight for civil rights, dedicating herself to the revitalization of the inner city and improvement of urban public schools and housing. (10) In 1966, Constance Baker Motley was appointed by President Lyndon B. Johnson as a judge on the United States District Court for the Southern District of New York. (11) The appointment of Constance Baker Motley made her the first African-American woman, and only the fifth woman, appointed and confirmed for a Federal judgeship. (12) In 1982, Constance Baker Motley was elevated to Chief Judge of the United States District Court for the Southern District of New York, the largest Federal trial court in the United States. (13) Constance Baker Motley assumed senior status in 1986, and continued serving on the United States District Court for the Southern District of New York with distinction for nearly 2 decades. (14) Constance Baker Motley passed away on September 28, 2005, and is survived by her son, Joel W. Motley III, 3 grandchildren, and nieces and nephews in Connecticut and in other States. (15) September 14, 2021, was the 100th anniversary of the birth of Constance Baker Motley.", "id": "HC46A19A2790943938B4E7D5927B1A8FE", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Congressional gold medal \n(a) Presentation authorized \nThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley, in recognition of her enduring contributions and service to the United States. (b) Design and striking \nFor purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. The design shall bear an image of, and an inscription of the name of, Constance Baker Motley. (c) Presentation \nWith respect to the presentation referred to in subsection (a), the gold medal shall be presented to Constance Baker Motley’s son, Joel Motley III, and her niece, Constance Royster. (d) Disposition of medal \nFollowing the presentation referred to in subsection (a), the gold medal shall be given to Joel Motley III.", "id": "H7820E391451D4C0682A28153246583AE", "header": "Congressional gold medal", "nested": [ { "text": "(a) Presentation authorized \nThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley, in recognition of her enduring contributions and service to the United States.", "id": "HB9E7D684367B419CBC62BE3EC560147D", "header": "Presentation authorized", "nested": [], "links": [] }, { "text": "(b) Design and striking \nFor purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. The design shall bear an image of, and an inscription of the name of, Constance Baker Motley.", "id": "H6863F4F1D4CE4C6D96C07DF252AA7D31", "header": "Design and striking", "nested": [], "links": [] }, { "text": "(c) Presentation \nWith respect to the presentation referred to in subsection (a), the gold medal shall be presented to Constance Baker Motley’s son, Joel Motley III, and her niece, Constance Royster.", "id": "H5D08E44BE67D4627A019F658849060AC", "header": "Presentation", "nested": [], "links": [] }, { "text": "(d) Disposition of medal \nFollowing the presentation referred to in subsection (a), the gold medal shall be given to Joel Motley III.", "id": "HA6D3F356D7C241ECAF09E7EF49F9A743", "header": "Disposition of medal", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Duplicate medals \nThe Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses.", "id": "H4656503EE83341C2A83B472C21BA7EF1", "header": "Duplicate medals", "nested": [], "links": [] }, { "text": "5. Status of medals \n(a) National medal \nMedals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items \nFor purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.", "id": "H08CEEC8E8D44404F9DDE2587A8FF10FA", "header": "Status of medals", "nested": [ { "text": "(a) National medal \nMedals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.", "id": "HCE61A96115E442AC8F946D4072CBF1C6", "header": "National medal", "nested": [], "links": [ { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/51" } ] }, { "text": "(b) Numismatic items \nFor purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.", "id": "HFE8A32884C2E42C58CD16BA489416A25", "header": "Numismatic items", "nested": [], "links": [] } ], "links": [ { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/51" } ] }, { "text": "6. Authority to use fund amounts; proceeds of sale \n(a) Authority To use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.", "id": "HDA49224ED0E343FFB592C2DEEAB8EF45", "header": "Authority to use fund amounts; proceeds of sale", "nested": [ { "text": "(a) Authority To use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act.", "id": "H93A80C442DAD44079DCF9F32CFB8C078", "header": "Authority To use fund amounts", "nested": [], "links": [] }, { "text": "(b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.", "id": "HBD916C56E0B349F48662B0538B618DAD", "header": "Proceeds of sale", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional tributes", "Federal district courts", "Judges", "Lawyers and legal services", "Members of Congress", "New York City", "New York State", "Racial and ethnic relations", "U.S. history" ]

[ { "text": "1. Short title \nThis Act may be cited as the Interactive Federal Review Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Digital platforms for NEPA reviews for highway projects \n(a) Definitions \nIn this section: (1) Covered project \nThe term covered project means a highway project that received a grant under any of the following: (A) The nationally significant freight and highway projects program under section 117 of title 23, United States Code (commonly known as the Infrastructure for Rebuilding America (INFRA) grant program ). (B) The national infrastructure project assistance program under section 6701 of title 49, United States Code (commonly known as the Mega grant program ). (C) The local and regional project assistance program under section 6702 of title 49, United States Code (commonly known as the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant program ). (D) The program for national infrastructure investments (commonly known as the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant program and formerly known as the Better Utilizing Investments to Leverage Development (BUILD) grant program ). (2) Secretary \nThe term Secretary means the Secretary of Transportation. (b) Purposes \nThe purposes of this Act are— (1) to expedite the environmental review process at Federal agencies and for the general public; and (2) to facilitate interactive public stakeholder engagement and understanding of environmental impacts of projects under the Federal-aid highway system. (c) Encouraged use of digital platforms \n(1) In general \nThe Secretary shall encourage recipients of Federal funds from the Secretary to utilize interactive, digital, cloud-based platforms when carrying out environmental reviews under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) by publishing the guidance described in paragraph (2). (2) Guidance \nNot later than 90 days after the date of enactment of this Act, the Secretary shall publish technology-neutral best practice guidance to encourage sponsors of projects that receive Federal funds from the Secretary to use an interactive, digital, cloud-based platform in carrying out the environmental impact analysis and community engagement processes required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (d) Use of digital platforms in covered projects \n(1) In general \nThe Secretary shall select not less than 10 covered projects to demonstrate the use of interactive, digital, cloud-based platforms in carrying out the environmental impact analysis and community engagement processes required under that Act, which may include projects in States participating in the surface transportation project delivery program under section 327 of title 23, United States Code. (2) Additional projects \nIn addition to the covered projects selected by the Secretary under paragraph (1), the Secretary shall include additional projects that utilize interactive, digital, cloud-based platforms in the report under subsection (e), on request of the sponsors of those projects. (3) Priority \nNotwithstanding any other provision of law, in selecting covered projects under a program described in subparagraphs (A) through (D) of subsection (a)(1), the Secretary shall give priority to applications for projects that demonstrate a plan to implement an interactive, cloud-based platform to carry out the environmental impact analysis and community engagement processes required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (e) Reports \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the efficacy of using interactive, cloud-based platforms in carrying out environmental impact analysis and community engagement requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including— (A) metrics that describe estimates of achieved efficiencies, community engagement measures, and efficiencies enjoyed across Federal agencies; and (B) examples of digital workflows enabled. (2) Publication of examples \nNot later than 1 year after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, not less than 5 examples of an environmental impact statement, environmental assessment, or categorical exclusion document developed using an interactive, digital, cloud-based platform. (f) Savings provision \nNothing in this section affects or interferes with the authorities or responsibilities assumed by a State under section 327 of title 23, United States Code.", "id": "idCF54B854E9194129B6DEBFC3F9B42646", "header": "Digital platforms for NEPA reviews for highway projects", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Covered project \nThe term covered project means a highway project that received a grant under any of the following: (A) The nationally significant freight and highway projects program under section 117 of title 23, United States Code (commonly known as the Infrastructure for Rebuilding America (INFRA) grant program ). (B) The national infrastructure project assistance program under section 6701 of title 49, United States Code (commonly known as the Mega grant program ). (C) The local and regional project assistance program under section 6702 of title 49, United States Code (commonly known as the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant program ). (D) The program for national infrastructure investments (commonly known as the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant program and formerly known as the Better Utilizing Investments to Leverage Development (BUILD) grant program ). (2) Secretary \nThe term Secretary means the Secretary of Transportation.", "id": "id28e9ada7e5964bfc94e607ca156e9dd1", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Purposes \nThe purposes of this Act are— (1) to expedite the environmental review process at Federal agencies and for the general public; and (2) to facilitate interactive public stakeholder engagement and understanding of environmental impacts of projects under the Federal-aid highway system.", "id": "id0343D6EEC0B14C23AB99AAF697E89436", "header": "Purposes", "nested": [], "links": [] }, { "text": "(c) Encouraged use of digital platforms \n(1) In general \nThe Secretary shall encourage recipients of Federal funds from the Secretary to utilize interactive, digital, cloud-based platforms when carrying out environmental reviews under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) by publishing the guidance described in paragraph (2). (2) Guidance \nNot later than 90 days after the date of enactment of this Act, the Secretary shall publish technology-neutral best practice guidance to encourage sponsors of projects that receive Federal funds from the Secretary to use an interactive, digital, cloud-based platform in carrying out the environmental impact analysis and community engagement processes required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).", "id": "idd67c103f69e745f79dc7645f9631efd4", "header": "Encouraged use of digital platforms", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(d) Use of digital platforms in covered projects \n(1) In general \nThe Secretary shall select not less than 10 covered projects to demonstrate the use of interactive, digital, cloud-based platforms in carrying out the environmental impact analysis and community engagement processes required under that Act, which may include projects in States participating in the surface transportation project delivery program under section 327 of title 23, United States Code. (2) Additional projects \nIn addition to the covered projects selected by the Secretary under paragraph (1), the Secretary shall include additional projects that utilize interactive, digital, cloud-based platforms in the report under subsection (e), on request of the sponsors of those projects. (3) Priority \nNotwithstanding any other provision of law, in selecting covered projects under a program described in subparagraphs (A) through (D) of subsection (a)(1), the Secretary shall give priority to applications for projects that demonstrate a plan to implement an interactive, cloud-based platform to carry out the environmental impact analysis and community engagement processes required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).", "id": "idedcd04a5e87b4c20b707cd3e4dc4bada", "header": "Use of digital platforms in covered projects", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(e) Reports \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the efficacy of using interactive, cloud-based platforms in carrying out environmental impact analysis and community engagement requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including— (A) metrics that describe estimates of achieved efficiencies, community engagement measures, and efficiencies enjoyed across Federal agencies; and (B) examples of digital workflows enabled. (2) Publication of examples \nNot later than 1 year after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, not less than 5 examples of an environmental impact statement, environmental assessment, or categorical exclusion document developed using an interactive, digital, cloud-based platform.", "id": "id1A6874F253A9441094889E68430F2407", "header": "Reports", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(f) Savings provision \nNothing in this section affects or interferes with the authorities or responsibilities assumed by a State under section 327 of title 23, United States Code.", "id": "id8406f0c32334437da025b05bbefc6a1e", "header": "Savings provision", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] } ]

[ "Computers and information technology", "Congressional oversight", "Environmental assessment, monitoring, research", "Government information and archives", "Performance measurement", "Roads and highways", "Transportation programs funding" ]

[ { "text": "1. Short title \nThis Act may be cited as the Maritime Architecture and Response to International Terrorism In the Middle East Act of 2023 or the MARITIME Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Middle East integrated maritime domain awareness and interdiction capability \n(a) In general \nThe Secretary of Defense, in consultation with the Secretary of State, shall seek to build upon the historic opportunities created by the Abraham Accords and the incorporation of Israel into the area of responsibility of the United States Central Command to develop a Middle East integrated maritime domain awareness and interdiction capability for the purpose of protecting the people, infrastructure, and territory of such countries from— (1) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (2) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways within the area of responsibility of the United States Naval Forces Central Command. (b) Strategy \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a strategy for the cooperation described in subsection (a). (2) Matters to be included \nThe strategy required by paragraph (1) shall include the following: (A) An assessment of the threats posed to ally or partner countries in the Middle East by— (i) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (ii) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways within the area of responsibility of the United States Naval Forces Central Command. (B) A description of existing multilateral maritime partnerships currently led by the United States Naval Forces Central Command, including the Combined Maritime Forces (including its associated Task Forces 150, 151, 152, and 153), the International Maritime Security Construct (including its Coalition Task Force SENTINEL), and the Navy's Task Force 59, and a discussion of the role of such partnerships in building an integrated maritime security capability. (C) A description of efforts made and lessons learned in advancing the integration of Israel into the existing multilateral maritime partnerships described in subparagraph (B). (D) A description of efforts among countries in the Middle East to coordinate intelligence, reconnaissance, and surveillance capabilities and indicators and warnings with respect to the threats described in subparagraph (A), and a description of any impediment to optimizing such efforts. (E) A description of the current Department of Defense systems that, in coordination with ally and partner countries in the Middle East— (i) provide awareness of and defend against such threats; and (ii) address current capability gaps. (F) An explanation of the manner in which an integrated maritime domain awareness and interdiction architecture would improve collective security in the Middle East. (G) A description of existing and planned efforts to engage ally and partner countries in the Middle East in establishing such an architecture. (H) An identification of the elements of such an architecture that may be acquired and operated by ally and partner countries in the Middle East, and a list of such elements for each such ally and partner. (I) An identification of the elements of such an architecture that may only be provided and operated by members of the United States Armed Forces. (J) An identification of any challenge to optimizing such an architecture in the Middle East. (K) An assessment of progress and key challenges in the implementation of the strategy required by paragraph (1) using the metrics identified in accordance with paragraph (3). (L) Recommendations for improvements in the implementation of such strategy based on such metrics. (M) An assessment of any capabilities or lessons from the Navy’s Task Force 59 that may be leveraged to support an integrated maritime domain awareness and interdiction capability in the Middle East. (N) A description and assessment of the joint bilateral and multinational maritime exercises conducted in the Middle East since the establishment of the Navy’s Task Force 59, including a discussion of the manner in which such exercises have impacted the efforts and lessons detailed under subparagraphs (C), (D), and (M). (O) A description of collaboration opportunities between the intelligence, reconnaissance, and surveillance capabilities of the Navy’s Task Force 59 and the Air Force’s Task Force 99 to support a joint-service approach to maritime domain awareness with sea-based and air-based unmanned assets. (P) Any other matter the Secretary of Defense considers relevant. (3) Metrics \nThe Secretary of Defense shall identify metrics to assess progress in the implementation of the strategy required by paragraph (1). (4) Format \nThe strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (c) Feasibility study \n(1) In general \nThe Secretary of Defense shall conduct a study on the feasibility and advisability of establishing a fund for an integrated maritime domain awareness and interdiction capability to protect the people, infrastructure, and territory of ally and partner countries in the Middle East from— (A) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (B) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways of the Middle East. (2) Element \nThe study required by paragraph (1) shall include an assessment of funds that could be contributed by ally and partner countries of the United States. (3) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the results of the study conducted under paragraph (1). (d) Protection of sensitive information \nAny activity carried out under this section shall be conducted in a manner that appropriately protects sensitive information and the national security interests of the United States. (e) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "idae52c5e21034411f843c33637337ed98", "header": "Middle East integrated maritime domain awareness and interdiction capability", "nested": [ { "text": "(a) In general \nThe Secretary of Defense, in consultation with the Secretary of State, shall seek to build upon the historic opportunities created by the Abraham Accords and the incorporation of Israel into the area of responsibility of the United States Central Command to develop a Middle East integrated maritime domain awareness and interdiction capability for the purpose of protecting the people, infrastructure, and territory of such countries from— (1) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (2) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways within the area of responsibility of the United States Naval Forces Central Command.", "id": "idf5009fce892142cab074d3aeecf9c4b8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Strategy \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a strategy for the cooperation described in subsection (a). (2) Matters to be included \nThe strategy required by paragraph (1) shall include the following: (A) An assessment of the threats posed to ally or partner countries in the Middle East by— (i) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (ii) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways within the area of responsibility of the United States Naval Forces Central Command. (B) A description of existing multilateral maritime partnerships currently led by the United States Naval Forces Central Command, including the Combined Maritime Forces (including its associated Task Forces 150, 151, 152, and 153), the International Maritime Security Construct (including its Coalition Task Force SENTINEL), and the Navy's Task Force 59, and a discussion of the role of such partnerships in building an integrated maritime security capability. (C) A description of efforts made and lessons learned in advancing the integration of Israel into the existing multilateral maritime partnerships described in subparagraph (B). (D) A description of efforts among countries in the Middle East to coordinate intelligence, reconnaissance, and surveillance capabilities and indicators and warnings with respect to the threats described in subparagraph (A), and a description of any impediment to optimizing such efforts. (E) A description of the current Department of Defense systems that, in coordination with ally and partner countries in the Middle East— (i) provide awareness of and defend against such threats; and (ii) address current capability gaps. (F) An explanation of the manner in which an integrated maritime domain awareness and interdiction architecture would improve collective security in the Middle East. (G) A description of existing and planned efforts to engage ally and partner countries in the Middle East in establishing such an architecture. (H) An identification of the elements of such an architecture that may be acquired and operated by ally and partner countries in the Middle East, and a list of such elements for each such ally and partner. (I) An identification of the elements of such an architecture that may only be provided and operated by members of the United States Armed Forces. (J) An identification of any challenge to optimizing such an architecture in the Middle East. (K) An assessment of progress and key challenges in the implementation of the strategy required by paragraph (1) using the metrics identified in accordance with paragraph (3). (L) Recommendations for improvements in the implementation of such strategy based on such metrics. (M) An assessment of any capabilities or lessons from the Navy’s Task Force 59 that may be leveraged to support an integrated maritime domain awareness and interdiction capability in the Middle East. (N) A description and assessment of the joint bilateral and multinational maritime exercises conducted in the Middle East since the establishment of the Navy’s Task Force 59, including a discussion of the manner in which such exercises have impacted the efforts and lessons detailed under subparagraphs (C), (D), and (M). (O) A description of collaboration opportunities between the intelligence, reconnaissance, and surveillance capabilities of the Navy’s Task Force 59 and the Air Force’s Task Force 99 to support a joint-service approach to maritime domain awareness with sea-based and air-based unmanned assets. (P) Any other matter the Secretary of Defense considers relevant. (3) Metrics \nThe Secretary of Defense shall identify metrics to assess progress in the implementation of the strategy required by paragraph (1). (4) Format \nThe strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.", "id": "id1cbec98e26db40b5841fdd91362c9f02", "header": "Strategy", "nested": [], "links": [] }, { "text": "(c) Feasibility study \n(1) In general \nThe Secretary of Defense shall conduct a study on the feasibility and advisability of establishing a fund for an integrated maritime domain awareness and interdiction capability to protect the people, infrastructure, and territory of ally and partner countries in the Middle East from— (A) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (B) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways of the Middle East. (2) Element \nThe study required by paragraph (1) shall include an assessment of funds that could be contributed by ally and partner countries of the United States. (3) Report \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the results of the study conducted under paragraph (1).", "id": "id082f93834c874873b04ba25c534e9eb8", "header": "Feasibility study", "nested": [], "links": [] }, { "text": "(d) Protection of sensitive information \nAny activity carried out under this section shall be conducted in a manner that appropriately protects sensitive information and the national security interests of the United States.", "id": "id4819f3181bad43fe86c73b8846777fb3", "header": "Protection of sensitive information", "nested": [], "links": [] }, { "text": "(e) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "id8E91D1CE376C4451BF849ED7A32C330C", "header": "Appropriate committees of Congress defined", "nested": [], "links": [] } ], "links": [] } ]

[ "Alliances", "Arab-Israeli relations", "Collective security", "Congressional oversight", "Crime prevention", "Diplomacy, foreign officials, Americans abroad", "Intelligence activities, surveillance, classified information", "Iran", "Israel", "Middle East", "Military assistance, sales, and agreements", "Military operations and strategy", "Navigation, waterways, harbors", "Performance measurement", "Terrorism" ]

[ { "text": "1. Short title \nThis Act may be cited as the Ending Qualified Immunity Act.", "id": "HBA67FE538B354195867826D849DBA2EB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Congress passed the Act of April 20, 1871 (commonly known as the Ku Klux Klan Act ; 17 Stat. 13, chapter 22) to enforce the 14th Amendment to the Constitution of the United States and combat rampant violations of civil and constitutionally secured rights across the United States, particularly those of newly freed slaves and other Black people in the post-Civil War South. (2) Included in that Act was a provision, now codified at section 1979 of the Revised Statues (in this section referred to as section 1983 ), which provides a cause of action for individuals to file lawsuits against persons acting under color of law, including State and local officials, who violate their Federal legal and constitutionally secured rights. (3) Under section 1983 a person may be held liable for acting under color of State law, even if they are not acting in accordance with State law. (4) Section 1983 has never included a defense or immunity for government officials who act in good faith when violating rights, nor has it ever had a defense or immunity based on whether the right was clearly established at the time of the violation. (5) From 1871 through the 1960s, government actors were not afforded qualified immunity for violating rights. (6) The Supreme Court of the United States in Pierson v. Ray, 386 U.S. 547 (1967), found that government actors had a good-faith defense for making arrests under unconstitutional statutes based on a common-law defense for the tort of false arrest. (7) The Supreme Court of the United States later extended the good-faith defense beyond false arrests, turning it into a general good-faith defense for government officials. (8) Finally, in Harlow v. Fitzgerald, 457 U.S. 800 (1982), the Supreme Court of the United States found the subjective search for good faith in the government actor unnecessary, and replaced it with an objective reasonableness standard that requires that the right be clearly established at the time of the violation for the defendant to be liable. (9) The doctrine of qualified immunity has severely limited the ability of many plaintiffs to recover damages under section 1983 when their rights have been violated by State and local officials. (10) As a result, the intent of Congress in passing section 1983 has been frustrated, and the rights secured by the Constitution of the United States have not been appropriately protected.", "id": "H191660E6014D48B39C94C1C2D52BDDB3", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Sense of Congress \nIt is the sense of Congress that Congress must correct the erroneous interpretation of section 1979 of the Revised Statutes that provides for qualified immunity and reiterate the standard found on the face of the statute, which does not limit liability on the basis of the good-faith belief of the defendant or on the basis that the right was not clearly established at the time of the violation.", "id": "HEE37478B3A634662B522673E0596165D", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "4. Removal of qualified immunity \nSection 1979 of the Revised Statutes ( 42 U.S.C. 1983 ) is amended— (1) by inserting (a) before Every person ; and (2) by adding at the end the following: (b) It shall not be a defense to any action pending on, or filed after, the date of enactment of this subsection that, at the time of the deprivation— (1) the defendant was acting in good faith; (2) the defendant believed, reasonably or otherwise, that his or her conduct was lawful; (3) the rights, privileges, or immunities secured by the Constitution and laws were not clearly established; or (4) the state of the law was such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful..", "id": "HA99A196DB1B84DF4BC373E6179BD50AE", "header": "Removal of qualified immunity", "nested": [], "links": [ { "text": "42 U.S.C. 1983", "legal-doc": "usc", "parsable-cite": "usc/42/1983" } ] } ]

[ "Agriculture and Food" ]

[ { "text": "1. Short title \nThis Act may be cited as the Catastrophic Wildfire Prevention Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Pilot program \n(a) Definitions \nIn this section: (1) Area of the National Forest System \nThe term area of the National Forest System means all or a portion of a unit of the National Forest System that is located west of the 100th meridian. (2) Pilot program \nThe term pilot program means the pilot program established under subsection (b). (3) Pre-fire-suppression stand density index \nThe term pre-fire-suppression stand density index means an estimate of the naturally occurring or ecologically balanced stand density index of a forest, as developed from historical surveys or appropriate scientific inference, before fire suppression regimens became common practice. (4) Secretary \nThe term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (5) Stand density index \nThe term stand density index means an expression of relative stand density based on the predictable relationship between average tree size and trees per unit area in dense stands. (6) Treatment \nThe term treatment means— (A) a mechanical treatment of hazardous fuels; (B) a stewardship end-result contracting project; (C) restoration services; or (D) timber harvesting. (b) Establishment \nThe Secretary shall establish a pilot program under which the Secretary shall— (1) collaborate with State or local forest management agencies— (A) to identify areas of the National Forest System for potential selection under paragraph (3) for inclusion in the pilot program; and (B) to research and establish a pre-fire-suppression stand density index for each area of the National Forest System identified under subparagraph (A); (2) evaluate how closely each pre-fire-suppression stand density index established under paragraph (1)(B) reflects current forest conditions and current published resource management objectives established by the Secretary for the applicable area of the National Forest System; and (3) select, in consultation with State or local forest management agencies, not fewer than 8 areas of the National Forest System identified under paragraph (1)(A) with respect to which the area and neighboring communities may benefit from using a pre-fire-suppression stand density index as a benchmark for treatments by— (A) reducing the chances of catastrophic wildfire; (B) increasing forest health; (C) increasing forest resilience; (D) increasing ecological diversity; or (E) improving such other criteria as the Secretary, in consultation with State or local forest management agencies, determine to be appropriate. (c) Implementation \nNot later than 2 years after the date of enactment of this Act, the Secretary shall begin to conduct treatments on areas of the National Forest System selected under subsection (b)(3), and update applicable land and resource management plans to include objectives and benchmarks, in accordance with the applicable pre-fire-suppression stand density index established under subsection (b)(1)(B). (d) Selection of areas \nIn selecting areas of the National Forest System for inclusion in the pilot program under subsection (b)(3) and conducting treatments under subsection (c), the Secretary shall— (1) give priority to an area— (A) within the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 )); (B) constituting a community watershed; (C) vulnerable to erosion; (D) hosting multiple-use activities; (E) critical to supporting wildlife or plant species health; or (F) with respect to which a treatment is necessary to prevent catastrophic wildfire; and (2) select a geographically diverse sample of areas of the National Forest System, which shall include not fewer than 3 areas of the National Forest System in the southwest United States. (e) Funding \nThe Secretary shall carry out this section using funds otherwise made available to the Secretary for fuels reduction treatments.", "id": "idCC4897822F094C2BB044469BD57398E1", "header": "Pilot program", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Area of the National Forest System \nThe term area of the National Forest System means all or a portion of a unit of the National Forest System that is located west of the 100th meridian. (2) Pilot program \nThe term pilot program means the pilot program established under subsection (b). (3) Pre-fire-suppression stand density index \nThe term pre-fire-suppression stand density index means an estimate of the naturally occurring or ecologically balanced stand density index of a forest, as developed from historical surveys or appropriate scientific inference, before fire suppression regimens became common practice. (4) Secretary \nThe term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (5) Stand density index \nThe term stand density index means an expression of relative stand density based on the predictable relationship between average tree size and trees per unit area in dense stands. (6) Treatment \nThe term treatment means— (A) a mechanical treatment of hazardous fuels; (B) a stewardship end-result contracting project; (C) restoration services; or (D) timber harvesting.", "id": "idC901DFAF899D406A8C689682F0803547", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Establishment \nThe Secretary shall establish a pilot program under which the Secretary shall— (1) collaborate with State or local forest management agencies— (A) to identify areas of the National Forest System for potential selection under paragraph (3) for inclusion in the pilot program; and (B) to research and establish a pre-fire-suppression stand density index for each area of the National Forest System identified under subparagraph (A); (2) evaluate how closely each pre-fire-suppression stand density index established under paragraph (1)(B) reflects current forest conditions and current published resource management objectives established by the Secretary for the applicable area of the National Forest System; and (3) select, in consultation with State or local forest management agencies, not fewer than 8 areas of the National Forest System identified under paragraph (1)(A) with respect to which the area and neighboring communities may benefit from using a pre-fire-suppression stand density index as a benchmark for treatments by— (A) reducing the chances of catastrophic wildfire; (B) increasing forest health; (C) increasing forest resilience; (D) increasing ecological diversity; or (E) improving such other criteria as the Secretary, in consultation with State or local forest management agencies, determine to be appropriate.", "id": "id9b19debac90946f9ba0f94643f819093", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Implementation \nNot later than 2 years after the date of enactment of this Act, the Secretary shall begin to conduct treatments on areas of the National Forest System selected under subsection (b)(3), and update applicable land and resource management plans to include objectives and benchmarks, in accordance with the applicable pre-fire-suppression stand density index established under subsection (b)(1)(B).", "id": "idfdd265c6a6eb4e9ba70d7f2772493d89", "header": "Implementation", "nested": [], "links": [] }, { "text": "(d) Selection of areas \nIn selecting areas of the National Forest System for inclusion in the pilot program under subsection (b)(3) and conducting treatments under subsection (c), the Secretary shall— (1) give priority to an area— (A) within the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 )); (B) constituting a community watershed; (C) vulnerable to erosion; (D) hosting multiple-use activities; (E) critical to supporting wildlife or plant species health; or (F) with respect to which a treatment is necessary to prevent catastrophic wildfire; and (2) select a geographically diverse sample of areas of the National Forest System, which shall include not fewer than 3 areas of the National Forest System in the southwest United States.", "id": "id1f48bc317401403797634ee6b1cf289f", "header": "Selection of areas", "nested": [], "links": [ { "text": "16 U.S.C. 6511", "legal-doc": "usc", "parsable-cite": "usc/16/6511" } ] }, { "text": "(e) Funding \nThe Secretary shall carry out this section using funds otherwise made available to the Secretary for fuels reduction treatments.", "id": "idd53a77c747c64c3d8376e24fac9e128e", "header": "Funding", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 6511", "legal-doc": "usc", "parsable-cite": "usc/16/6511" } ] } ]

[ "Emergency planning and evacuation", "Fires", "Forests, forestry, trees", "Watersheds", "Wildlife conservation and habitat protection" ]

[ { "text": "1. Short title \nThis Act may be cited as the Veterans Border Patrol Training Act.", "id": "id5A6D083F9A3545A5A57E9A24B0B46D13", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Border Patrol Skillbridge Pilot Program \n(a) Establishment \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in collaboration with the Secretary of Defense and the Secretary of Veterans Affairs, shall establish an interdepartmental pilot program through which the Department of Homeland Security shall use the Department of Defense SkillBridge Program to train and hire transitioning servicemembers as Border Patrol agents for U.S. Customs and Border Protection. (b) Employment skills training \nIn carrying out the pilot program established pursuant to subsection (a), the Secretary of Homeland Security, in collaboration with the Secretary of Defense, shall use the authorities available under section 1143 of title 10, United States Code, to train and facilitate the transition of members of the armed forces to service as Border Patrol agents.", "id": "id1758875238124a11aa08e1facf149dba", "header": "Border Patrol Skillbridge Pilot Program", "nested": [ { "text": "(a) Establishment \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in collaboration with the Secretary of Defense and the Secretary of Veterans Affairs, shall establish an interdepartmental pilot program through which the Department of Homeland Security shall use the Department of Defense SkillBridge Program to train and hire transitioning servicemembers as Border Patrol agents for U.S. Customs and Border Protection.", "id": "idC6B1A3A1048B41A88452DAF9184A8EB5", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Employment skills training \nIn carrying out the pilot program established pursuant to subsection (a), the Secretary of Homeland Security, in collaboration with the Secretary of Defense, shall use the authorities available under section 1143 of title 10, United States Code, to train and facilitate the transition of members of the armed forces to service as Border Patrol agents.", "id": "id1631C967B1184B908CA451E66E48088F", "header": "Employment skills training", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Annual reports \nNot later than 1 year after the pilot program is established pursuant to section 2(a), and annually thereafter until the date referred to in section 4, the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Armed Services of the Senate , the Committee on Veterans' Affairs of the Senate , the Committee on Homeland Security of the House of Representatives , the Committee on Armed Services of the House of Representatives , and the Committee on Veterans’ Affairs of the House of Representatives that includes for the reporting period— (1) the number of participants in the pilot program; (2) the number of eligible participants who applied to be part of the pilot program; and (3) the number of pilot program participants who are— (A) members the Armed Forces; (B) reserve members of the Armed Forces; (C) commissioned officers or non-commissioned officers; (D) enlisted members of the Armed Forces; (E) veterans; (F) spouses of such members of the Armed Forces or veterans; and (G) dependents of such members of the Armed Forces or veterans.", "id": "id359c71896c3342ac857ca145980b595c", "header": "Annual reports", "nested": [], "links": [] }, { "text": "4. Sunset date \nThe pilot program established pursuant to section 2 shall be terminated on the date that is 5 years after the date on which such program is established.", "id": "id03417dff3f1a40c5bad634fb3d919f6e", "header": "Sunset date", "nested": [], "links": [] } ]

[ "Border security and unlawful immigration", "Congressional oversight", "Employment and training programs", "Government information and archives", "Law enforcement officers", "Veterans' education, employment, rehabilitation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Opt for Health with SNAP, Close the Fruit and Vegetable Gap Act of 2023 or the OH SNAP, Close the Fruit and Vegetable Gap Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Gus Schumacher Nutrition Incentive program \nSection 4405 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7517 ) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking In general and inserting Definitions ; and (B) by redesignating paragraphs (3), (4), and (5) as paragraphs (5), (3), and (4), respectively, and reordering accordingly; (2) in subsection (b)(1)(C), by striking 50 and inserting 100 ; and (3) in subsection (f)— (A) in paragraph (1), by inserting and $100,000,000 for each of fiscal years 2024 through 2028 after 2023 ; and (B) in paragraph (2)— (i) by redesignating the second subparagraph (C) (relating to fiscal year 2019) through subparagraph (G) as subparagraphs (D) through (H), respectively; (ii) in subparagraph (G) (as so redesignated), by striking and at the end; (iii) in subparagraph (H) (as so redesignated), by striking 2023 and each fiscal year thereafter. and inserting 2023; ; and (iv) by adding at the end the following: (I) $500,000,000 for fiscal year 2024; (J) $500,000,000 for fiscal year 2025; (K) $750,000,000 for fiscal year 2026; (L) $750,000,000 for fiscal year 2027; and (M) $1,000,000,000 for fiscal year 2028 and each fiscal year thereafter..", "id": "id6ada6e6690f742dba2a1eaef9b8f82ef", "header": "Gus Schumacher Nutrition Incentive program", "nested": [], "links": [ { "text": "7 U.S.C. 7517", "legal-doc": "usc", "parsable-cite": "usc/7/7517" } ] } ]

[ "Agricultural marketing and promotion", "Agricultural prices, subsidies, credit", "Community life and organization", "Elementary and secondary education", "Food assistance and relief", "Food industry and services", "Food supply, safety, and labeling", "Fruit and vegetables", "Nutrition and diet", "Retail and wholesale trades", "Social work, volunteer service, charitable organizations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Recycling and Composting Accountability Act.", "id": "id76843efd-f0ed-42cc-b1d6-0287dc43b782", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \n(a) In general \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Circular market \nThe term circular market means a market that utilizes industrial processes and economic activities to enable post-industrial and post-consumer materials used in those processes and activities to maintain their highest values for as long as possible. (3) Compost \nThe term compost means a product that— (A) is manufactured through the controlled aerobic, biological decomposition of biodegradable materials; (B) has been subjected to medium and high temperature organisms, which— (i) significantly reduce the viability of pathogens and weed seeds; and (ii) stabilize carbon in the product such that the product is beneficial to plant growth; and (C) is typically used as a soil amendment, but may also contribute plant nutrients. (4) Compostable material \nThe term compostable material means material that is a feedstock for creating compost, including— (A) wood; (B) agricultural crops; (C) paper; (D) certified compostable products associated with organic waste; (E) other organic plant material; (F) marine products; (G) organic waste, including food waste and yard waste; and (H) such other material that is composed of biomass that can be continually replenished or renewed, as determined by the Administrator. (5) Composting facility \nThe term composting facility means a location, structure, or device that transforms compostable materials into compost. (6) Indian Tribe \nThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (7) Materials recovery facility \n(A) In general \nThe term materials recovery facility means a dedicated facility where primarily residential recyclable materials, which are diverted from disposal by the generator and collected separately from municipal solid waste, are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users. (B) Exclusion \nThe term materials recovery facility does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials. (8) Recyclable material \nThe term recyclable material means a material that is obsolete, previously used, off-specification, surplus, or incidentally produced for processing into a specification-grade commodity for which a circular market currently exists or is being developed. (9) Recycling \nThe term recycling means the series of activities— (A) during which recyclable materials are processed into specification-grade commodities, and consumed as raw-material feedstock, in lieu of virgin materials, in the manufacturing of new products; (B) that may include sorting, collection, processing, and brokering; and (C) that result in subsequent consumption by a materials manufacturer, including for the manufacturing of new products. (10) State \nThe term State has the meaning given the term in section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 ). (b) Definition of processing \nIn paragraphs (7), (8), and (9) of subsection (a), the term processing means any mechanical, manual, or other method that— (1) transforms a recyclable material into a specification-grade commodity; and (2) may occur in multiple steps, with different steps, including sorting, occurring at different locations.", "id": "id131e3a63-8146-4a52-943b-b3343a9e3328", "header": "Definitions", "nested": [ { "text": "(a) In general \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Circular market \nThe term circular market means a market that utilizes industrial processes and economic activities to enable post-industrial and post-consumer materials used in those processes and activities to maintain their highest values for as long as possible. (3) Compost \nThe term compost means a product that— (A) is manufactured through the controlled aerobic, biological decomposition of biodegradable materials; (B) has been subjected to medium and high temperature organisms, which— (i) significantly reduce the viability of pathogens and weed seeds; and (ii) stabilize carbon in the product such that the product is beneficial to plant growth; and (C) is typically used as a soil amendment, but may also contribute plant nutrients. (4) Compostable material \nThe term compostable material means material that is a feedstock for creating compost, including— (A) wood; (B) agricultural crops; (C) paper; (D) certified compostable products associated with organic waste; (E) other organic plant material; (F) marine products; (G) organic waste, including food waste and yard waste; and (H) such other material that is composed of biomass that can be continually replenished or renewed, as determined by the Administrator. (5) Composting facility \nThe term composting facility means a location, structure, or device that transforms compostable materials into compost. (6) Indian Tribe \nThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (7) Materials recovery facility \n(A) In general \nThe term materials recovery facility means a dedicated facility where primarily residential recyclable materials, which are diverted from disposal by the generator and collected separately from municipal solid waste, are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users. (B) Exclusion \nThe term materials recovery facility does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials. (8) Recyclable material \nThe term recyclable material means a material that is obsolete, previously used, off-specification, surplus, or incidentally produced for processing into a specification-grade commodity for which a circular market currently exists or is being developed. (9) Recycling \nThe term recycling means the series of activities— (A) during which recyclable materials are processed into specification-grade commodities, and consumed as raw-material feedstock, in lieu of virgin materials, in the manufacturing of new products; (B) that may include sorting, collection, processing, and brokering; and (C) that result in subsequent consumption by a materials manufacturer, including for the manufacturing of new products. (10) State \nThe term State has the meaning given the term in section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 ).", "id": "id42d8d88e-b099-428f-9df0-a40fec99672d", "header": "In general", "nested": [], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "42 U.S.C. 6903", "legal-doc": "usc", "parsable-cite": "usc/42/6903" } ] }, { "text": "(b) Definition of processing \nIn paragraphs (7), (8), and (9) of subsection (a), the term processing means any mechanical, manual, or other method that— (1) transforms a recyclable material into a specification-grade commodity; and (2) may occur in multiple steps, with different steps, including sorting, occurring at different locations.", "id": "id15e96784-8613-435d-8cfe-4fb72f48de3e", "header": "Definition of processing", "nested": [], "links": [] } ], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "42 U.S.C. 6903", "legal-doc": "usc", "parsable-cite": "usc/42/6903" } ] }, { "text": "3. Sense of Congress \nIt is the sense of Congress that— (1) recycling and composting conserve resources, protect the environment, and are important to the United States economy; (2) the United States recycling and composting infrastructure encompass each of the entities that collect, process, broker, and consume recyclable materials and compostable materials sourced from commercial, industrial, institutional, and residential sources; (3) the residential segment of the United States recycling and composting infrastructure is facing challenges from— (A) confusion over what materials are recyclable materials or compostable materials; (B) reduced export markets; (C) growing, but still limited, domestic end markets; and (D) an ever-changing and heterogeneous supply stream; (4) in some areas, recycling and composting infrastructure is in need of revitalization; and (5) in an effort to address those challenges, the United States must use a combination of tactics to improve recycling and composting in the United States.", "id": "id65886b04-e516-4dd9-ba91-9a81983cdb27", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "4. Report on composting infrastructure capabilities \nThe Administrator, in consultation with States, units of local government, and Indian Tribes, shall— (1) prepare a report, or expand work under the National Recycling Strategy to include data, describing the capability of the United States to implement a national composting strategy for compostable materials for the purposes of reducing contamination rates for recycling, including— (A) an evaluation of existing Federal, State, and local laws that may present barriers to implementation of a national composting strategy; (B) (i) an evaluation of existing composting programs of States, units of local government, and Indian Tribes; and (ii) a description of best practices based on those programs; (C) an evaluation of existing composting infrastructure in States, units of local government, and Indian Tribes for the purposes of estimating cost and approximate land needed to expand composting programs; and (D) a study of the practices of manufacturers and companies that are moving to using compostable packaging and food service ware for the purpose of making the composting process the end-of-life use of those products; and (2) not later than 2 years after the date of enactment of this Act, submit the report prepared under paragraph (1) to Congress.", "id": "idda7fabc6-eba9-42e5-9b1f-12607c2de12f", "header": "Report on composting infrastructure capabilities", "nested": [], "links": [] }, { "text": "5. Report on Federal agency recycling practices \nNot later than 2 years after the date of enactment of this Act, and every 2 years thereafter until 2033, the Comptroller General of the United States, in consultation with the Administrator, shall make publicly available a report describing— (1) the total annual recycling and composting rates reported by all Federal agencies; (2) the total annual percentage of products containing recyclable material, compostable material, or recovered materials purchased by all Federal agencies, including— (A) the total quantity of procured products containing recyclable material or recovered materials listed in the comprehensive procurement guidelines published under section 6002(e) of the Solid Waste Disposal Act ( 42 U.S.C. 6962(e) ); and (B) the total quantity of compostable material purchased; (3) recommendations for updating— (A) the comprehensive procurement guidelines published under section 6002(e) of the Solid Waste Disposal Act ( 42 U.S.C. 6962(e) ); and (B) the environmentally preferable purchasing program established under section 6604(b)(11) of the Pollution Prevention Act of 1990 ( 42 U.S.C. 13103(b)(11) ); and (4) the activities of each Federal agency that promote recycling or composting.", "id": "id190012e6-63f6-4444-8c93-80040d08dc36", "header": "Report on Federal agency recycling practices", "nested": [], "links": [ { "text": "42 U.S.C. 6962(e)", "legal-doc": "usc", "parsable-cite": "usc/42/6962" }, { "text": "42 U.S.C. 6962(e)", "legal-doc": "usc", "parsable-cite": "usc/42/6962" }, { "text": "42 U.S.C. 13103(b)(11)", "legal-doc": "usc", "parsable-cite": "usc/42/13103" } ] }, { "text": "6. Improving data and reporting \n(a) Inventory of materials recovery facilities \nNot later than 1 year after the date of enactment of this Act, and biannually thereafter, the Administrator, in consultation with States, units of local government, and Indian Tribes, shall— (1) prepare an inventory of public and private materials recovery facilities in the United States, including— (A) the number of materials recovery facilities in each unit of local government in each State; and (B) a description of the materials that each materials recovery facility can process, including— (i) in the case of plastic, a description of— (I) the types of accepted resin, if applicable; and (II) the packaging or product format, such as a jug, a carton, or film; (ii) food packaging and service ware, such as a bottle, cutlery, or a cup; (iii) paper; (iv) aluminum, such as an aluminum beverage can, food can, aerosol can, or foil; (v) steel, such as a steel food or aerosol can; (vi) other scrap metal; (vii) glass; or (viii) any other material not described in any of clauses (i) through (vii) that a materials recovery facility can process; and (2) submit the inventory prepared under paragraph (1) to Congress. (b) Establishment of a comprehensive baseline of data for the United States recycling system \nThe Administrator, in consultation with States, units of local government, and Indian Tribes, shall determine, with respect to the United States— (1) the number of community curbside recycling and composting programs; (2) the number of community drop-off recycling and composting programs; (3) the types and forms of materials accepted by each community curbside recycling, drop-off recycling, or composting program; (4) the number of individuals with access to recycling and composting services to at least the extent of access to disposal services; (5) the number of individuals with barriers to accessing recycling and composting services to at least the extent of access to disposal services; (6) the inbound contamination and capture rates of community curbside recycling, drop-off recycling, or composting programs; (7) where applicable, other available recycling or composting programs within a community, including store drop-offs; and (8) the average costs and benefits to States, units of local government, and Indian Tribes of recycling and composting programs. (c) Standardization of recycling reporting rates \n(1) Collection of rates \n(A) In general \nThe Administrator may use amounts made available under section 9 to biannually collect from each State the nationally standardized rate of recyclable materials in that State that have been successfully diverted from the waste stream and brought to a materials recovery facility or composting facility. (B) Confidential or proprietary business information \nInformation collected under subparagraph (A) shall not include any confidential or proprietary business information, as determined by the Administrator. (2) Use \nUsing amounts made available under section 9, the Administrator may use the rates collected under paragraph (1) to further assist States, units of local government, and Indian Tribes— (A) to reduce the overall waste produced by the States and units of local government; and (B) to increase recycling and composting rates. (d) Report on end markets \n(1) In general \nThe Administrator, in consultation with States, units of local government, and Indian Tribes, shall— (A) provide an update to the report submitted under section 306 of the Save Our Seas 2.0 Act ( Public Law 116–224 ; 134 Stat. 1096) to include an addendum on the end-market sale of all recyclable materials, in addition to recycled plastics as described in that section, from materials recovery facilities that process recyclable materials collected from households and publicly available recyclable materials drop-off centers, including— (i) the total, in dollars per ton, domestic sales of bales of recyclable materials; and (ii) the total, in dollars per ton, international sales of bales of recyclable materials; (B) prepare a report on the end-market sale of compost from all compostable materials collected from households and publicly available compost drop-off centers, including the total, in dollars per ton, of domestic sales of compostable materials; and (C) not later than 2 years after the date of enactment of this Act, submit to Congress the update to the report prepared under subparagraph (A) and the report prepared under subparagraph (B). (2) Confidential or proprietary business information \nInformation collected under subparagraphs (A) and (B) of paragraph (1) shall not include any confidential or proprietary business information, as determined by the Administrator.", "id": "id59d27982-efad-4b32-ba87-fe6700a91eff", "header": "Improving data and reporting", "nested": [ { "text": "(a) Inventory of materials recovery facilities \nNot later than 1 year after the date of enactment of this Act, and biannually thereafter, the Administrator, in consultation with States, units of local government, and Indian Tribes, shall— (1) prepare an inventory of public and private materials recovery facilities in the United States, including— (A) the number of materials recovery facilities in each unit of local government in each State; and (B) a description of the materials that each materials recovery facility can process, including— (i) in the case of plastic, a description of— (I) the types of accepted resin, if applicable; and (II) the packaging or product format, such as a jug, a carton, or film; (ii) food packaging and service ware, such as a bottle, cutlery, or a cup; (iii) paper; (iv) aluminum, such as an aluminum beverage can, food can, aerosol can, or foil; (v) steel, such as a steel food or aerosol can; (vi) other scrap metal; (vii) glass; or (viii) any other material not described in any of clauses (i) through (vii) that a materials recovery facility can process; and (2) submit the inventory prepared under paragraph (1) to Congress.", "id": "id612b77a7-455c-4ce4-a131-347f5c5ddea0", "header": "Inventory of materials recovery facilities", "nested": [], "links": [] }, { "text": "(b) Establishment of a comprehensive baseline of data for the United States recycling system \nThe Administrator, in consultation with States, units of local government, and Indian Tribes, shall determine, with respect to the United States— (1) the number of community curbside recycling and composting programs; (2) the number of community drop-off recycling and composting programs; (3) the types and forms of materials accepted by each community curbside recycling, drop-off recycling, or composting program; (4) the number of individuals with access to recycling and composting services to at least the extent of access to disposal services; (5) the number of individuals with barriers to accessing recycling and composting services to at least the extent of access to disposal services; (6) the inbound contamination and capture rates of community curbside recycling, drop-off recycling, or composting programs; (7) where applicable, other available recycling or composting programs within a community, including store drop-offs; and (8) the average costs and benefits to States, units of local government, and Indian Tribes of recycling and composting programs.", "id": "id3cd20730-17f6-46d4-a1ac-59f735ffa70a", "header": "Establishment of a comprehensive baseline of data for the United States recycling system", "nested": [], "links": [] }, { "text": "(c) Standardization of recycling reporting rates \n(1) Collection of rates \n(A) In general \nThe Administrator may use amounts made available under section 9 to biannually collect from each State the nationally standardized rate of recyclable materials in that State that have been successfully diverted from the waste stream and brought to a materials recovery facility or composting facility. (B) Confidential or proprietary business information \nInformation collected under subparagraph (A) shall not include any confidential or proprietary business information, as determined by the Administrator. (2) Use \nUsing amounts made available under section 9, the Administrator may use the rates collected under paragraph (1) to further assist States, units of local government, and Indian Tribes— (A) to reduce the overall waste produced by the States and units of local government; and (B) to increase recycling and composting rates.", "id": "id35b114a9-497a-42e8-a8f1-0e6a0e9d7667", "header": "Standardization of recycling reporting rates", "nested": [], "links": [] }, { "text": "(d) Report on end markets \n(1) In general \nThe Administrator, in consultation with States, units of local government, and Indian Tribes, shall— (A) provide an update to the report submitted under section 306 of the Save Our Seas 2.0 Act ( Public Law 116–224 ; 134 Stat. 1096) to include an addendum on the end-market sale of all recyclable materials, in addition to recycled plastics as described in that section, from materials recovery facilities that process recyclable materials collected from households and publicly available recyclable materials drop-off centers, including— (i) the total, in dollars per ton, domestic sales of bales of recyclable materials; and (ii) the total, in dollars per ton, international sales of bales of recyclable materials; (B) prepare a report on the end-market sale of compost from all compostable materials collected from households and publicly available compost drop-off centers, including the total, in dollars per ton, of domestic sales of compostable materials; and (C) not later than 2 years after the date of enactment of this Act, submit to Congress the update to the report prepared under subparagraph (A) and the report prepared under subparagraph (B). (2) Confidential or proprietary business information \nInformation collected under subparagraphs (A) and (B) of paragraph (1) shall not include any confidential or proprietary business information, as determined by the Administrator.", "id": "id7535cc90-7f9e-451d-9079-fb6cf7154b3a", "header": "Report on end markets", "nested": [], "links": [ { "text": "Public Law 116–224", "legal-doc": "public-law", "parsable-cite": "pl/116/224" } ] } ], "links": [ { "text": "Public Law 116–224", "legal-doc": "public-law", "parsable-cite": "pl/116/224" } ] }, { "text": "7. Study on the diversion of recyclable materials from a circular market \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Administrator shall develop a metric for determining the proportion of recyclable materials in commercial and municipal waste streams that are being diverted from a circular market. (b) Study; report \nNot later than 1 year after the development of a metric under subsection (a), the Administrator shall conduct a study of, and submit to Congress a report on, the proportion of recyclable materials in commercial and municipal waste streams that, during each of the 10 calendar years preceding the year of submission of the report, were diverted from a circular market. (c) Data \nThe report under subsection (b) shall provide data on specific recyclable materials, including aluminum, plastics, paper and paperboard, textiles, and glass, that were prevented from remaining in a circular market through disposal or elimination, and to what use those specific recyclable materials were lost. (d) Evaluation \nThe report under subsection (b) shall include an evaluation of whether the establishment or improvement of recycling programs would— (1) improve recycling rates; or (2) reduce the quantity of recyclable materials being unutilized in a circular market.", "id": "id1ea87e70-00d9-4bac-bee1-aab99273cf48", "header": "Study on the diversion of recyclable materials from a circular market", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this Act, the Administrator shall develop a metric for determining the proportion of recyclable materials in commercial and municipal waste streams that are being diverted from a circular market.", "id": "id497e9124-cac8-47f4-ab7e-67e4842b0cbf", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Study; report \nNot later than 1 year after the development of a metric under subsection (a), the Administrator shall conduct a study of, and submit to Congress a report on, the proportion of recyclable materials in commercial and municipal waste streams that, during each of the 10 calendar years preceding the year of submission of the report, were diverted from a circular market.", "id": "ide69c66b3-39fe-4433-85bb-09ecf9aae70b", "header": "Study; report", "nested": [], "links": [] }, { "text": "(c) Data \nThe report under subsection (b) shall provide data on specific recyclable materials, including aluminum, plastics, paper and paperboard, textiles, and glass, that were prevented from remaining in a circular market through disposal or elimination, and to what use those specific recyclable materials were lost.", "id": "id804749f6-1121-43ff-982e-ec1c8506cecc", "header": "Data", "nested": [], "links": [] }, { "text": "(d) Evaluation \nThe report under subsection (b) shall include an evaluation of whether the establishment or improvement of recycling programs would— (1) improve recycling rates; or (2) reduce the quantity of recyclable materials being unutilized in a circular market.", "id": "id1726d78f-dc62-4be9-94e1-a72325c684bf", "header": "Evaluation", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Voluntary guidelines \nThe Administrator shall— (1) in consultation with States, units of local government, and Indian Tribes, develop, based on the results of the studies, reports, inventory, and data determined under sections 4 through 7, and provide to States, units of local government, and Indian Tribes, through the Model Recycling Program Toolkit or a similar resource, best practices that the States, units of local government, and Indian Tribes may use to enhance recycling and composting, including— (A) labeling techniques for containers of waste, compostable materials, and recycling, with the goal of creating consistent, readily available, and understandable labeling across jurisdictions; (B) pamphlets or other literature readily available to constituents; (C) primary and secondary school educational resources on recycling; (D) web and media-based campaigns; and (E) guidance for the labeling of recyclable materials and compostable materials that minimizes contamination and diversion of those materials from waste streams toward recycling and composting systems; and (2) not later than 2 years after the date of enactment of this Act, submit to Congress a report describing the best practices developed under paragraph (1).", "id": "id484c47ac-45f7-449f-80ee-ecafc9728c10", "header": "Voluntary guidelines", "nested": [], "links": [] }, { "text": "9. Authorization of appropriations \nThere is authorized to be appropriated to the Administrator to carry out this Act $4,000,000 for each of fiscal years 2025 through 2029.", "id": "id15a0ef09-f605-4588-88ed-a507fdab881a", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Congressional oversight", "Environmental assessment, monitoring, research", "Environmental education", "Government information and archives", "Government studies and investigations", "Solid waste and recycling", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Neighborhood Options for Patients Buying Medicines Act or the NO PBMs Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Assuring pharmacy access and choice for Medicare beneficiaries \nSection 1860D–4(b)(1) of the Social Security Act ( 42 U.S.C. 1395w–104(b)(1) ) is amended by striking subparagraph (A) and inserting the following: (A) In general \n(i) Participation of any willing pharmacy \nA PDP sponsor offering a prescription drug plan or a pharmacy benefit manager acting to develop a pharmacy network on behalf of such plan shall permit the participation of any pharmacy that meets the standard contract terms and conditions under such plan to participate as a network pharmacy of such plan. (ii) Contract terms and conditions \nIn accordance with clause (i), contract terms and conditions offered by such PDP sponsor or pharmacy benefit manager shall be reasonable and relevant. Notwithstanding any other provision of law, not later than January 1, 2026, the Secretary shall establish standards for reasonable and relevant contract terms and conditions for purposes of this clause..", "id": "id8d6dc248587e43a5be07b6d128aa39ab", "header": "Assuring pharmacy access and choice for Medicare beneficiaries", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–104(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-104" } ] } ]

[ "Health care coverage and access", "Medicare", "Prescription drugs" ]

[ { "text": "1. Short title \nThis Act may be cited as the Maternal Health for Veterans Act.", "id": "H480D3A4AF9E244C3AB77ADEC5A9AF28E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Support for maternity health care coordination programs of the Department of Veterans Affairs \n(a) Reports to Congress \nNot later than one year after the date of the enactment of this Act, and annually thereafter until September 30, 2028, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives, and make publicly available, a report that contains the following: (1) A summary of the activities carried out under the programs of the Department of Veterans Affairs relating to the coordination of maternity health care. (2) Data on the maternal health outcomes of veterans who receive medical care or services furnished at a medical facility of the Department of Veterans Affairs or by a non-Department of Veterans Affairs health care provider who provides such care or services to veterans under the laws administered by the Secretary of Veterans Affairs, including pursuant to the programs specified in paragraph (1). (3) Recommendations by the Secretary of Veterans Affairs to improve the maternal health outcomes of veterans, with a particular focus on veterans from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (b) Authorization of appropriations \n(1) Authorization \nThere is authorized to be appropriated to the Secretary of Veterans Affairs $15,000,000 for each of fiscal years 2024, 2025, 2026, 2027, and 2028, for the programs of the Department of Veterans Affairs relating to the coordination of maternity health care, including the maternity care coordination program described in Veterans Health Administration Directive 1330.03 (or any successor directive). (2) Supplement not supplant \nAmounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for the coordination of maternity health care for the Department of Veterans Affairs.", "id": "H5F219C026FF34E918CC15CD13989B929", "header": "Support for maternity health care coordination programs of the Department of Veterans Affairs", "nested": [ { "text": "(a) Reports to Congress \nNot later than one year after the date of the enactment of this Act, and annually thereafter until September 30, 2028, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives, and make publicly available, a report that contains the following: (1) A summary of the activities carried out under the programs of the Department of Veterans Affairs relating to the coordination of maternity health care. (2) Data on the maternal health outcomes of veterans who receive medical care or services furnished at a medical facility of the Department of Veterans Affairs or by a non-Department of Veterans Affairs health care provider who provides such care or services to veterans under the laws administered by the Secretary of Veterans Affairs, including pursuant to the programs specified in paragraph (1). (3) Recommendations by the Secretary of Veterans Affairs to improve the maternal health outcomes of veterans, with a particular focus on veterans from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes.", "id": "H33B2FAAC68024BA7B7B5711213BC2DFF", "header": "Reports to Congress", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \n(1) Authorization \nThere is authorized to be appropriated to the Secretary of Veterans Affairs $15,000,000 for each of fiscal years 2024, 2025, 2026, 2027, and 2028, for the programs of the Department of Veterans Affairs relating to the coordination of maternity health care, including the maternity care coordination program described in Veterans Health Administration Directive 1330.03 (or any successor directive). (2) Supplement not supplant \nAmounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for the coordination of maternity health care for the Department of Veterans Affairs.", "id": "H8D1A97CCC5E24448966D14FB3B540890", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Child health", "Sex and reproductive health", "Veterans' medical care", "Women's health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Regulations from the Executive in Need of Scrutiny Act of 2023.", "id": "H2123C45C4306472088BD5C09A088974D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purpose \nThe purpose of this Act is to increase accountability for and transparency in the Federal regulatory process. Section 1 of article I of the United States Constitution grants all legislative powers to Congress. Over time, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes. By requiring a vote in Congress, the REINS Act will result in more carefully drafted and detailed legislation, an improved regulatory process, and a legislative branch that is truly accountable to the American people for the laws imposed upon them.", "id": "HB12B42D9D9F1463C9D90FDFC1821C34C", "header": "Purpose", "nested": [], "links": [] }, { "text": "3. Congressional review of agency rulemaking \nChapter 8 of title 5, United States Code, is amended to read as follows: 8 Congressional Review of Agency Rulemaking \nSec. 801. Congressional review. 802. Congressional approval procedure for major rules. 803. Congressional disapproval procedure for nonmajor rules. 804. Definitions. 805. Judicial review. 806. Exemption for monetary policy. 807. Effective date of certain rules. 801. Congressional review \n(a) (1) (A) Before a rule may take effect, the Federal agency promulgating such rule shall publish in the Federal Register a list of information on which the rule is based, including data, scientific and economic studies, and cost-benefit analyses, and identify how the public can access such information online, and shall submit to each House of the Congress and to the Comptroller General a report containing— (i) a copy of the rule; (ii) a concise general statement relating to the rule; (iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within subparagraphs (A) through (C) of section 804(2); (iv) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and (v) the proposed effective date of the rule. (B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress— (i) a complete copy of the cost-benefit analysis of the rule, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs; (ii) the agency’s actions pursuant to sections 603, 604, 605, 607, and 609 of this title; (iii) the agency’s actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and (iv) any other relevant information or requirements under any other Act and any relevant Executive orders. (C) Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued. (2) (A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required by paragraph (1)(B) and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity. (B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A). (3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later. (4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1). (5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate. (b) (1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802. (2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in subsection (a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect. (c) (1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress. (2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is— (A) necessary because of an imminent threat to health or safety or other emergency; (B) necessary for the enforcement of criminal laws; (C) necessary for national security; or (D) issued pursuant to any statute implementing an international trade agreement. (3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802. (d) (1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring— (A) in the case of the Senate, 60 session days; or (B) in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress. (2) (A) In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though— (i) such rule were published in the Federal Register on— (I) in the case of the Senate, the 15th session day; or (II) in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes; and (ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date. (B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect. (3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section). 802. Congressional approval procedure for major rules \n(a) (1) For purposes of this section, the term joint resolution means only a joint resolution addressing a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii) that— (A) bears no preamble; (B) bears the following title (with blanks filled as appropriate): Approving the rule submitted by ___ relating to ___. ; (C) includes after its resolving clause only the following (with blanks filled as appropriate): That Congress approves the rule submitted by ___ relating to ___. ; and (D) is introduced pursuant to paragraph (2). (2) After a House of Congress receives a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)— (A) in the case of the House of Representatives, within 3 legislative days; and (B) in the case of the Senate, within 3 session days. (3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding. (b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued. (c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. (d) (1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day. (f) (1) If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then— (A) the joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. (2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. (g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 801(b)(2), then such vote shall be taken on that day. (h) This section and section 803 are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. 803. Congressional disapproval procedure for nonmajor rules \n(a) For purposes of this section, the term joint resolution means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: That Congress disapproves the nonmajor rule submitted by the ___ relating to ___ , and such rule shall have no force or effect. (The blank spaces being appropriately filled in). (b) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction. (c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar. (d) (1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the Senate, the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a nonmajor rule— (1) after the expiration of the 60 session days beginning with the applicable submission or publication date; or (2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes. (f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: (1) The joint resolution of the other House shall not be referred to a committee. (2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution— (A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (B) the vote on final passage shall be on the joint resolution of the other House. 804. Definitions \nFor purposes of this chapter: (1) The term Federal agency means any agency as that term is defined in section 551(1). (2) The term major rule means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in— (A) an annual effect on the economy of $100 million or more; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. (3) The term nonmajor rule means any rule that is not a major rule. (4) The term rule has the meaning given such term in section 551, except that such term does not include— (A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing; (B) any rule relating to agency management or personnel; or (C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties. (5) The term submission or publication date , except as otherwise provided in this chapter, means— (A) in the case of a major rule, the date on which the Congress receives the report submitted under section 801(a)(1); and (B) in the case of a nonmajor rule, the later of— (i) the date on which the Congress receives the report submitted under section 801(a)(1); and (ii) the date on which the nonmajor rule is published in the Federal Register, if so published. 805. Judicial review \n(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review. (b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect. (c) The enactment of a joint resolution of approval under section 802 shall not be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, shall not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect. 806. Exemption for monetary policy \nNothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. 807. Effective date of certain rules \nNotwithstanding section 801— (1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; or (2) any rule other than a major rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the Federal agency promulgating the rule determines..", "id": "H8BF396B1B4C24EAFBDC21F90BAB6EA30", "header": "Congressional review of agency rulemaking", "nested": [], "links": [ { "text": "Chapter 8", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/8" } ] }, { "text": "801. Congressional review \n(a) (1) (A) Before a rule may take effect, the Federal agency promulgating such rule shall publish in the Federal Register a list of information on which the rule is based, including data, scientific and economic studies, and cost-benefit analyses, and identify how the public can access such information online, and shall submit to each House of the Congress and to the Comptroller General a report containing— (i) a copy of the rule; (ii) a concise general statement relating to the rule; (iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within subparagraphs (A) through (C) of section 804(2); (iv) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and (v) the proposed effective date of the rule. (B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress— (i) a complete copy of the cost-benefit analysis of the rule, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs; (ii) the agency’s actions pursuant to sections 603, 604, 605, 607, and 609 of this title; (iii) the agency’s actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and (iv) any other relevant information or requirements under any other Act and any relevant Executive orders. (C) Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued. (2) (A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required by paragraph (1)(B) and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity. (B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A). (3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later. (4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1). (5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate. (b) (1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802. (2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in subsection (a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect. (c) (1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress. (2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is— (A) necessary because of an imminent threat to health or safety or other emergency; (B) necessary for the enforcement of criminal laws; (C) necessary for national security; or (D) issued pursuant to any statute implementing an international trade agreement. (3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802. (d) (1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring— (A) in the case of the Senate, 60 session days; or (B) in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress. (2) (A) In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though— (i) such rule were published in the Federal Register on— (I) in the case of the Senate, the 15th session day; or (II) in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes; and (ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date. (B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect. (3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).", "id": "HD9F95C4B850240FCB38C8B51CF9CA683", "header": "Congressional review", "nested": [ { "text": "(a) (1) (A) Before a rule may take effect, the Federal agency promulgating such rule shall publish in the Federal Register a list of information on which the rule is based, including data, scientific and economic studies, and cost-benefit analyses, and identify how the public can access such information online, and shall submit to each House of the Congress and to the Comptroller General a report containing— (i) a copy of the rule; (ii) a concise general statement relating to the rule; (iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within subparagraphs (A) through (C) of section 804(2); (iv) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and (v) the proposed effective date of the rule. (B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress— (i) a complete copy of the cost-benefit analysis of the rule, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs; (ii) the agency’s actions pursuant to sections 603, 604, 605, 607, and 609 of this title; (iii) the agency’s actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and (iv) any other relevant information or requirements under any other Act and any relevant Executive orders. (C) Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued. (2) (A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required by paragraph (1)(B) and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity. (B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A). (3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later. (4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1). (5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate.", "id": "HF124F903F2E84C76A89BBEAC469C6AF9", "header": null, "nested": [], "links": [] }, { "text": "(b) (1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802. (2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in subsection (a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect.", "id": "H920FA8FBAF074248B39196CD50730ADC", "header": null, "nested": [], "links": [] }, { "text": "(c) (1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress. (2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is— (A) necessary because of an imminent threat to health or safety or other emergency; (B) necessary for the enforcement of criminal laws; (C) necessary for national security; or (D) issued pursuant to any statute implementing an international trade agreement. (3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802.", "id": "H3C339FCEAFF349929B64B20275C987CB", "header": null, "nested": [], "links": [] }, { "text": "(d) (1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring— (A) in the case of the Senate, 60 session days; or (B) in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress. (2) (A) In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though— (i) such rule were published in the Federal Register on— (I) in the case of the Senate, the 15th session day; or (II) in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes; and (ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date. (B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect. (3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).", "id": "H51DC4B96EF834B1EB42F62A0B5624C2E", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "802. Congressional approval procedure for major rules \n(a) (1) For purposes of this section, the term joint resolution means only a joint resolution addressing a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii) that— (A) bears no preamble; (B) bears the following title (with blanks filled as appropriate): Approving the rule submitted by ___ relating to ___. ; (C) includes after its resolving clause only the following (with blanks filled as appropriate): That Congress approves the rule submitted by ___ relating to ___. ; and (D) is introduced pursuant to paragraph (2). (2) After a House of Congress receives a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)— (A) in the case of the House of Representatives, within 3 legislative days; and (B) in the case of the Senate, within 3 session days. (3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding. (b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued. (c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. (d) (1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day. (f) (1) If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then— (A) the joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. (2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. (g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 801(b)(2), then such vote shall be taken on that day. (h) This section and section 803 are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.", "id": "H9FE0ADDBCC4543FF908793FDE48F54A5", "header": "Congressional approval procedure for major rules", "nested": [ { "text": "(a) (1) For purposes of this section, the term joint resolution means only a joint resolution addressing a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii) that— (A) bears no preamble; (B) bears the following title (with blanks filled as appropriate): Approving the rule submitted by ___ relating to ___. ; (C) includes after its resolving clause only the following (with blanks filled as appropriate): That Congress approves the rule submitted by ___ relating to ___. ; and (D) is introduced pursuant to paragraph (2). (2) After a House of Congress receives a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)— (A) in the case of the House of Representatives, within 3 legislative days; and (B) in the case of the Senate, within 3 session days. (3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding.", "id": "H4C35D87A66AF44408E85EB7F980F2818", "header": null, "nested": [], "links": [] }, { "text": "(b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued.", "id": "HE61986ACAD3D46F7A024FC0D3D8C816F", "header": null, "nested": [], "links": [] }, { "text": "(c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.", "id": "HA75A7B3AD5164D7DB83A3BE0CE89DCAB", "header": null, "nested": [], "links": [] }, { "text": "(d) (1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.", "id": "HBD8F675EA88D4FC9B5E8064FA7AF6D95", "header": null, "nested": [], "links": [] }, { "text": "(e) In the House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day.", "id": "H64B62ABBD2C2427B9AA7B96FB800B6D4", "header": null, "nested": [], "links": [] }, { "text": "(f) (1) If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then— (A) the joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. (2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure.", "id": "HB910BED580D24972A15AA205F051CE23", "header": null, "nested": [], "links": [] }, { "text": "(g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 801(b)(2), then such vote shall be taken on that day.", "id": "H6A0703CBBB5D49DCBB2887B7D28E7B2B", "header": null, "nested": [], "links": [] }, { "text": "(h) This section and section 803 are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.", "id": "H4B6679FABC754C0AB8B0B6CDFCA34954", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "803. Congressional disapproval procedure for nonmajor rules \n(a) For purposes of this section, the term joint resolution means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: That Congress disapproves the nonmajor rule submitted by the ___ relating to ___ , and such rule shall have no force or effect. (The blank spaces being appropriately filled in). (b) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction. (c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar. (d) (1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the Senate, the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a nonmajor rule— (1) after the expiration of the 60 session days beginning with the applicable submission or publication date; or (2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes. (f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: (1) The joint resolution of the other House shall not be referred to a committee. (2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution— (A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (B) the vote on final passage shall be on the joint resolution of the other House.", "id": "H332B3E0E4C38400ABE8201FE8AF01EC0", "header": "Congressional disapproval procedure for nonmajor rules", "nested": [ { "text": "(a) For purposes of this section, the term joint resolution means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: That Congress disapproves the nonmajor rule submitted by the ___ relating to ___ , and such rule shall have no force or effect. (The blank spaces being appropriately filled in).", "id": "HEF56AFCDC006466094ED0A89DA1EA49F", "header": null, "nested": [], "links": [] }, { "text": "(b) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.", "id": "HFD4BFAAE43E342E3BBE214ADBA6025CD", "header": null, "nested": [], "links": [] }, { "text": "(c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar.", "id": "H68E344A3E8FC43F9A0E0F614E407ABFB", "header": null, "nested": [], "links": [] }, { "text": "(d) (1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.", "id": "H97F89B6A67A940D989570CC173B8A28E", "header": null, "nested": [], "links": [] }, { "text": "(e) In the Senate, the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a nonmajor rule— (1) after the expiration of the 60 session days beginning with the applicable submission or publication date; or (2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes.", "id": "HB56C8055D14B4B52BD37E3E047817D19", "header": null, "nested": [], "links": [] }, { "text": "(f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: (1) The joint resolution of the other House shall not be referred to a committee. (2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution— (A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (B) the vote on final passage shall be on the joint resolution of the other House.", "id": "HB90601E48C32442397B7A396CED0447B", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "804. Definitions \nFor purposes of this chapter: (1) The term Federal agency means any agency as that term is defined in section 551(1). (2) The term major rule means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in— (A) an annual effect on the economy of $100 million or more; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. (3) The term nonmajor rule means any rule that is not a major rule. (4) The term rule has the meaning given such term in section 551, except that such term does not include— (A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing; (B) any rule relating to agency management or personnel; or (C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties. (5) The term submission or publication date , except as otherwise provided in this chapter, means— (A) in the case of a major rule, the date on which the Congress receives the report submitted under section 801(a)(1); and (B) in the case of a nonmajor rule, the later of— (i) the date on which the Congress receives the report submitted under section 801(a)(1); and (ii) the date on which the nonmajor rule is published in the Federal Register, if so published.", "id": "H73E07E4D57E04806B237172CBB114F30", "header": "Definitions", "nested": [], "links": [] }, { "text": "805. Judicial review \n(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review. (b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect. (c) The enactment of a joint resolution of approval under section 802 shall not be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, shall not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect.", "id": "HE51975CEA7064CA6BCD1737B2D78C8F7", "header": "Judicial review", "nested": [ { "text": "(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review.", "id": "H838DFE2A954E4D6E966CB8549BEB8E48", "header": null, "nested": [], "links": [] }, { "text": "(b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect.", "id": "HB6ED7F60E80C4A01B309A0C83AFA1297", "header": null, "nested": [], "links": [] }, { "text": "(c) The enactment of a joint resolution of approval under section 802 shall not be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, shall not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect.", "id": "HA49F681E3B194E5CA791369347B18F06", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "806. Exemption for monetary policy \nNothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.", "id": "HE835DBD66B71494AA626CC7F33F6274D", "header": "Exemption for monetary policy", "nested": [], "links": [] }, { "text": "807. Effective date of certain rules \nNotwithstanding section 801— (1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; or (2) any rule other than a major rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest,", "id": "H4C36E838A3374748B2F55E443CBDFE26", "header": "Effective date of certain rules", "nested": [], "links": [] }, { "text": "4. Budgetary effects of rules subject to section 802 of title 5, United States Code \nSection 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 907(b)(2) ) is amended by adding at the end the following new subparagraph: (E) Budgetary effects of rules subject to section 802 of title 5, United States Code \nAny rule subject to the congressional approval procedure set forth in section 802 of title 5, United States Code, affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with such section..", "id": "HBF5B829D622740B793E9079E4EE3A3BD", "header": "Budgetary effects of rules subject to section 802 of title 5, United States Code", "nested": [], "links": [ { "text": "2 U.S.C. 907(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/2/907" } ] }, { "text": "5. Government Accountability Office study of rules \n(a) In general \nThe Comptroller General of the United States shall conduct a study to determine, as of the date of the enactment of this Act— (1) how many rules (as such term is defined in section 804 of title 5, United States Code) were in effect; (2) how many major rules (as such term is defined in section 804 of title 5, United States Code) were in effect; and (3) the total estimated economic cost imposed by all such rules. (b) Report \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains the findings of the study conducted under subsection (a).", "id": "H7A00E1054402493AB922FDFCFD059478", "header": "Government Accountability Office study of rules", "nested": [ { "text": "(a) In general \nThe Comptroller General of the United States shall conduct a study to determine, as of the date of the enactment of this Act— (1) how many rules (as such term is defined in section 804 of title 5, United States Code) were in effect; (2) how many major rules (as such term is defined in section 804 of title 5, United States Code) were in effect; and (3) the total estimated economic cost imposed by all such rules.", "id": "HAC1AD45E607C4B3C85AC4857A79557E5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains the findings of the study conducted under subsection (a).", "id": "H637E4100B7F8453E8987FCC4D29312A0", "header": "Report", "nested": [], "links": [] } ], "links": [] } ]

[ "Administrative law and regulatory procedures", "Advanced technology and technological innovations", "Budget deficits and national debt", "Business investment and capital", "Competition and antitrust", "Competitiveness, trade promotion, trade deficits", "Congressional oversight", "Congressional-executive branch relations", "Economic performance and conditions", "Government information and archives", "Government studies and investigations", "Industrial policy and productivity", "Inflation and prices", "Judicial review and appeals", "Legislative rules and procedure", "Monetary policy", "Unemployment" ]

[ { "text": "1. Short title \nThis Act may be cited as the Value in Health Care Act of 2023.", "id": "H956F8A58600F46229ACA363FC073486F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Encouraging participation in the medicare shared savings program \n(a) Removing barriers to shared savings program participation \nPrior to the beginning of the first performance year (as defined in section 425.20 of title 42, Code of Federal Regulations (or a successor regulation)) that begins at least 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall revise part 425 of title 42, Code of Federal Regulations, or any successor regulation, to— (1) eliminate any distinction in requirements in such part between a low revenue ACO and a high revenue ACO (as such terms are defined in section 425.20 of title 42, Code of Federal Regulations, or a successor regulation) and, with respect to such a low revenue ACO or high revenue ACO and except as otherwise modified in this Act, apply the requirements of such part as such requirements applied to low revenue ACOs on July 1, 2024, except that the Secretary of Health and Human Services may, if the Secretary determines appropriate, apply less stringent requirements than those requirements that applied to low revenue ACOs as of such date; and (2) remove any provision requiring an accountable care organization to assume responsibility for repayment of any shared losses or participate in a two-sided risk model before the organization has participated for at least 3 years in any program subject to the provisions of part 425 of title 42, Code of Federal Regulations, or any successor regulation, provided that such an organization shall be allowed to elect to participate in such two-sided risk models or models requiring repayment of such losses. (b) Financial methodology enhancements To promote success of shared savings program \nPrior to the beginning of the first performance year (as defined for purposes of subsection (a)) that begins at least 90 days after the date of enactment of this Act, the Secretary shall— (1) ensure that any methodology used to establish, adjust, or update benchmark expenditures be developed and implemented in a clear and transparent manner, including by making publicly available sufficient information and data to allow interested members of the public to replicate the methodology used by the Secretary and to evaluate the accuracy of the Secretary’s benchmark expenditure calculations; (2) implement a process that allows ACOs to appeal the accuracy of benchmark expenditures in a hearing before an administrative law judge, and ensure that any such appeal be heard within a 90-day period beginning on the date a request for hearing is filed; and (3) require that any regional contributions or expenditures (below the national level) used directly or indirectly to establish, update, or adjust benchmark expenditures be calculated in a manner that excludes the expenditure impact of ACOs in the applicable region, including any regional expenditures associated with Medicare fee-for-service beneficiaries assigned to such ACOs. (c) Shared savings option \nPrior to the beginning of the first performance year (as defined for purposes of subsection (a)) that begins after the date of the enactment of this Act, and notwithstanding any other provision of law, the Secretary of Health and Human Services shall establish a voluntary full-risk option under the Medicare Shared Savings Program (as described in section 1899 of the Social Security Act ( 42 U.S.C. 1395jjj )) under which the percent of shared savings paid to an ACO under section 1899(d)(2) of the Social Security Act ( 42 U.S.C. 1395jjj(d)(2) ) shall be set at 100 percent, with the ACO bearing commensurate risk of any shared losses. (d) Report \nNot later than 90 days after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall submit to the appropriate committees of Congress a report on mechanisms that the agency can take to avoid penalizing ACOs for achieving cost savings and account for regional variations in spending in a manner that prevents arbitrary Medicare Shared Savings Program outcomes for ACOs. Such report shall include specific actions that the Centers for Medicare & Medicaid Services can take to develop and implement effective benchmarks and guardrails for any changes made to the agency’s benchmarking policies.", "id": "H59F085E065A34EF794488767BF66FF2C", "header": "Encouraging participation in the medicare shared savings program", "nested": [ { "text": "(a) Removing barriers to shared savings program participation \nPrior to the beginning of the first performance year (as defined in section 425.20 of title 42, Code of Federal Regulations (or a successor regulation)) that begins at least 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall revise part 425 of title 42, Code of Federal Regulations, or any successor regulation, to— (1) eliminate any distinction in requirements in such part between a low revenue ACO and a high revenue ACO (as such terms are defined in section 425.20 of title 42, Code of Federal Regulations, or a successor regulation) and, with respect to such a low revenue ACO or high revenue ACO and except as otherwise modified in this Act, apply the requirements of such part as such requirements applied to low revenue ACOs on July 1, 2024, except that the Secretary of Health and Human Services may, if the Secretary determines appropriate, apply less stringent requirements than those requirements that applied to low revenue ACOs as of such date; and (2) remove any provision requiring an accountable care organization to assume responsibility for repayment of any shared losses or participate in a two-sided risk model before the organization has participated for at least 3 years in any program subject to the provisions of part 425 of title 42, Code of Federal Regulations, or any successor regulation, provided that such an organization shall be allowed to elect to participate in such two-sided risk models or models requiring repayment of such losses.", "id": "H0BD6ACC6D80F4DDBAB2DF03E87B727DE", "header": "Removing barriers to shared savings program participation", "nested": [], "links": [] }, { "text": "(b) Financial methodology enhancements To promote success of shared savings program \nPrior to the beginning of the first performance year (as defined for purposes of subsection (a)) that begins at least 90 days after the date of enactment of this Act, the Secretary shall— (1) ensure that any methodology used to establish, adjust, or update benchmark expenditures be developed and implemented in a clear and transparent manner, including by making publicly available sufficient information and data to allow interested members of the public to replicate the methodology used by the Secretary and to evaluate the accuracy of the Secretary’s benchmark expenditure calculations; (2) implement a process that allows ACOs to appeal the accuracy of benchmark expenditures in a hearing before an administrative law judge, and ensure that any such appeal be heard within a 90-day period beginning on the date a request for hearing is filed; and (3) require that any regional contributions or expenditures (below the national level) used directly or indirectly to establish, update, or adjust benchmark expenditures be calculated in a manner that excludes the expenditure impact of ACOs in the applicable region, including any regional expenditures associated with Medicare fee-for-service beneficiaries assigned to such ACOs.", "id": "H171EECF447CF4125BDB090211899D9B3", "header": "Financial methodology enhancements To promote success of shared savings program", "nested": [], "links": [] }, { "text": "(c) Shared savings option \nPrior to the beginning of the first performance year (as defined for purposes of subsection (a)) that begins after the date of the enactment of this Act, and notwithstanding any other provision of law, the Secretary of Health and Human Services shall establish a voluntary full-risk option under the Medicare Shared Savings Program (as described in section 1899 of the Social Security Act ( 42 U.S.C. 1395jjj )) under which the percent of shared savings paid to an ACO under section 1899(d)(2) of the Social Security Act ( 42 U.S.C. 1395jjj(d)(2) ) shall be set at 100 percent, with the ACO bearing commensurate risk of any shared losses.", "id": "HF4FDDC75AFDB4A0BA8623FED45135852", "header": "Shared savings option", "nested": [], "links": [ { "text": "42 U.S.C. 1395jjj", "legal-doc": "usc", "parsable-cite": "usc/42/1395jjj" }, { "text": "42 U.S.C. 1395jjj(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395jjj" } ] }, { "text": "(d) Report \nNot later than 90 days after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall submit to the appropriate committees of Congress a report on mechanisms that the agency can take to avoid penalizing ACOs for achieving cost savings and account for regional variations in spending in a manner that prevents arbitrary Medicare Shared Savings Program outcomes for ACOs. Such report shall include specific actions that the Centers for Medicare & Medicaid Services can take to develop and implement effective benchmarks and guardrails for any changes made to the agency’s benchmarking policies.", "id": "H39AF3A8350294D9A8D306FC9D8878304", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395jjj", "legal-doc": "usc", "parsable-cite": "usc/42/1395jjj" }, { "text": "42 U.S.C. 1395jjj(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395jjj" } ] }, { "text": "3. Advanced payment model incentive, participation, and threshold modifications \n(a) In general \nSection 1833(z) of the Social Security Act ( 42 U.S.C. 1395l(z) ) is amended— (1) in paragraph (1)(A)— (A) by striking with 2025 and inserting with 2027 ; and (B) by inserting , or, with respect to 2026 and 2027, the scaled percentage amount (as defined in paragraph (2)(C)(vi)) after 3.5 percent ; (2) in paragraph (2)(C)— (A) in clause (i), by striking 75 percent and inserting the applicable percent (as defined in clause (iv)) for such year ; (B) in clause (ii)(I)— (i) in the matter preceding item (aa), by striking 75 percent and inserting the applicable percent (as defined in clause (iv)) for such year ; and (ii) in item (bb)— (I) by striking and other than payments made under title XIX and inserting other than payments made under title XIX ; and (II) by striking State program under that title), and inserting State program under that title, and other than payments made by payers in which no payment or program meeting the requirements described in clause (iii)(II) is available from the payer for participation by the eligible professional) ; and (C) by adding at the end the following new clauses: (iv) Applicable percent defined \nFor purposes of clauses (i) and (ii), subject to clause (v), the term applicable percent means— (I) for each of 2026 and 2027, 50 percent; and (II) for 2028 and each subsequent year, a percent specified by the Secretary, but in no case less than the percent specified under this clause for the preceding year or more than the lesser of 75 percent or 5 percentage points higher than the percent specified under this clause for the preceding year. (v) Alternative applicable percent \nNotwithstanding any other provision of law, the Secretary may define the applicable percent for purposes of clause (i) or (ii) of this subparagraph or a given alternative payment model (or for purposes of partial qualifying APM participants under section 1848(q)(1)(C)(iii)(III)) to mean a percentage amount that is lower than the amount (or range) otherwise specified in clause (iv) (or, as applicable, under section 1848(q)(1)(C)(iii)(III)), if the Secretary determines there is good cause to support such alternative applicable percent, including where the design of an alternative payment model warrants use of such alternative applicable percent. In no case shall the Secretary designate an alternative applicable percent that exceeds the maximum applicable percent specified in clause (iv) (or, as applicable, under section 1848(q)(1)(C)(iii)(III)) for the applicable year. (vi) Scaled percentage amount \nFor purposes of paragraphs (1)(A) and (4)(B): (I) In general \nThe term scaled percentage amount means a progressively scaled percentage amount designated by the Secretary. Subject to subclause (II), the Secretary shall determine an appropriate progressive percentage scale for different categories of eligible professionals based on programmatic interests in efficiency, equity, and alignment of appropriate incentives. (II) Maximum amount \n(aa) In general \nThe maximum scaled percentage amount shall be 5 percent and, subject to item (bb), such maximum amount shall apply to an eligible professional with respect to a year if the eligible professional meets or exceeds the threshold under clause (i) or (ii) with respect to such year (determined based on application of the applicable percent, as defined under clause (iv)). (bb) Clarification \nIn no case may an eligible professional who meets or exceeds the threshold under clause (i) or (ii) with respect to a year through application of an alternative applicable percent under clause (v) that is less than the applicable percent (as defined under clause (iv)) be eligible for the maximum scaled percentage amount under this clause. ; and (3) in paragraph (4)(B), by inserting , or, with respect to 2026 and each subsequent year, the scaled percentage amount (as defined in paragraph (2)(C)(vi)) after 3.5 percent. (b) Technical assistance \nThe Secretary of Health and Human Services shall provide education and technical assistance to ACOs and other types of providers (as defined under section 414.1305 of title 42, Code of Federal Regulations (or a successor regulation)) that the Secretary determines to target or otherwise operate in rural or medically underserved areas or to involve material participation by small practice or safety net groups of providers of services and suppliers. Such education and technical assistance may include infrastructure support or access to data analytics to support ACO implementation in such rural or medically underserved areas or to benefit small practice or safety net groups of providers of services and suppliers, or other groups of providers of services and suppliers deemed to require additional support, such as providers of services or suppliers that are new to APMs, including specialists. (c) Partial qualifying APM participant modification \nSection 1848(q)(1)(C)(iii)(III) of the Social Security Act ( 42 U.S.C. 1395w–4(q)(1)(C)(iii)(III) ) is amended— (1) in item (aa), by striking 50 percent was instead a reference to 40 percent and inserting the applicable percent were instead a reference to the percent that is 10 percentage points less than the applicable percent ; and (2) in item (bb)— (A) by striking 75 percent and inserting the applicable percent ; and (B) by striking 50 percent and inserting the percent that is 10 percentage points less than the applicable percent.", "id": "H866E681E9E98432B90434DEC7D8A8999", "header": "Advanced payment model incentive, participation, and threshold modifications", "nested": [ { "text": "(a) In general \nSection 1833(z) of the Social Security Act ( 42 U.S.C. 1395l(z) ) is amended— (1) in paragraph (1)(A)— (A) by striking with 2025 and inserting with 2027 ; and (B) by inserting , or, with respect to 2026 and 2027, the scaled percentage amount (as defined in paragraph (2)(C)(vi)) after 3.5 percent ; (2) in paragraph (2)(C)— (A) in clause (i), by striking 75 percent and inserting the applicable percent (as defined in clause (iv)) for such year ; (B) in clause (ii)(I)— (i) in the matter preceding item (aa), by striking 75 percent and inserting the applicable percent (as defined in clause (iv)) for such year ; and (ii) in item (bb)— (I) by striking and other than payments made under title XIX and inserting other than payments made under title XIX ; and (II) by striking State program under that title), and inserting State program under that title, and other than payments made by payers in which no payment or program meeting the requirements described in clause (iii)(II) is available from the payer for participation by the eligible professional) ; and (C) by adding at the end the following new clauses: (iv) Applicable percent defined \nFor purposes of clauses (i) and (ii), subject to clause (v), the term applicable percent means— (I) for each of 2026 and 2027, 50 percent; and (II) for 2028 and each subsequent year, a percent specified by the Secretary, but in no case less than the percent specified under this clause for the preceding year or more than the lesser of 75 percent or 5 percentage points higher than the percent specified under this clause for the preceding year. (v) Alternative applicable percent \nNotwithstanding any other provision of law, the Secretary may define the applicable percent for purposes of clause (i) or (ii) of this subparagraph or a given alternative payment model (or for purposes of partial qualifying APM participants under section 1848(q)(1)(C)(iii)(III)) to mean a percentage amount that is lower than the amount (or range) otherwise specified in clause (iv) (or, as applicable, under section 1848(q)(1)(C)(iii)(III)), if the Secretary determines there is good cause to support such alternative applicable percent, including where the design of an alternative payment model warrants use of such alternative applicable percent. In no case shall the Secretary designate an alternative applicable percent that exceeds the maximum applicable percent specified in clause (iv) (or, as applicable, under section 1848(q)(1)(C)(iii)(III)) for the applicable year. (vi) Scaled percentage amount \nFor purposes of paragraphs (1)(A) and (4)(B): (I) In general \nThe term scaled percentage amount means a progressively scaled percentage amount designated by the Secretary. Subject to subclause (II), the Secretary shall determine an appropriate progressive percentage scale for different categories of eligible professionals based on programmatic interests in efficiency, equity, and alignment of appropriate incentives. (II) Maximum amount \n(aa) In general \nThe maximum scaled percentage amount shall be 5 percent and, subject to item (bb), such maximum amount shall apply to an eligible professional with respect to a year if the eligible professional meets or exceeds the threshold under clause (i) or (ii) with respect to such year (determined based on application of the applicable percent, as defined under clause (iv)). (bb) Clarification \nIn no case may an eligible professional who meets or exceeds the threshold under clause (i) or (ii) with respect to a year through application of an alternative applicable percent under clause (v) that is less than the applicable percent (as defined under clause (iv)) be eligible for the maximum scaled percentage amount under this clause. ; and (3) in paragraph (4)(B), by inserting , or, with respect to 2026 and each subsequent year, the scaled percentage amount (as defined in paragraph (2)(C)(vi)) after 3.5 percent.", "id": "HECF8DF29F65C41DBB481A277ADC2C502", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395l(z)", "legal-doc": "usc", "parsable-cite": "usc/42/1395l" } ] }, { "text": "(b) Technical assistance \nThe Secretary of Health and Human Services shall provide education and technical assistance to ACOs and other types of providers (as defined under section 414.1305 of title 42, Code of Federal Regulations (or a successor regulation)) that the Secretary determines to target or otherwise operate in rural or medically underserved areas or to involve material participation by small practice or safety net groups of providers of services and suppliers. Such education and technical assistance may include infrastructure support or access to data analytics to support ACO implementation in such rural or medically underserved areas or to benefit small practice or safety net groups of providers of services and suppliers, or other groups of providers of services and suppliers deemed to require additional support, such as providers of services or suppliers that are new to APMs, including specialists.", "id": "H29EC390C8BF84C5090437AB34E26222E", "header": "Technical assistance", "nested": [], "links": [] }, { "text": "(c) Partial qualifying APM participant modification \nSection 1848(q)(1)(C)(iii)(III) of the Social Security Act ( 42 U.S.C. 1395w–4(q)(1)(C)(iii)(III) ) is amended— (1) in item (aa), by striking 50 percent was instead a reference to 40 percent and inserting the applicable percent were instead a reference to the percent that is 10 percentage points less than the applicable percent ; and (2) in item (bb)— (A) by striking 75 percent and inserting the applicable percent ; and (B) by striking 50 percent and inserting the percent that is 10 percentage points less than the applicable percent.", "id": "HD17AC181361649D385075343A6E29B4D", "header": "Partial qualifying APM participant modification", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–4(q)(1)(C)(iii)(III)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-4" } ] } ], "links": [ { "text": "42 U.S.C. 1395l(z)", "legal-doc": "usc", "parsable-cite": "usc/42/1395l" }, { "text": "42 U.S.C. 1395w–4(q)(1)(C)(iii)(III)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-4" } ] }, { "text": "4 Study on alternative payment models and Medicare Advantage \nNot later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the appropriate committees of Congress a report evaluating the benefits and flexibilities provided to support alternative payment models (as defined under section 414.1305 of title 42, Code of Federal Regulations (or a successor regulation)) and Medicare Advantage organizations (as defined in section 1859(a)(1) of the Social Security Act ( 42 U.S.C. 1395w–28(a)(1) )). The objective of such study and report shall be to better understand the effect of different policies under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) with respect to such models and organizations on different types of beneficiaries and participating providers, including specialty, safety net, small practice, and rural providers, with the goal of identifying areas to enhance alignment between such policies and benchmarks, including through mechanisms that could facilitate greater alignment in such policies and benchmarks and to encourage the adoption of value-based arrangements across payers or that could otherwise increase parity in the flexibilities available to alternative payment models and Medicare Advantage organizations under the Medicare program.", "id": "H3C0926C1A8DD4347B86BB890E927DE0C", "header": "Study on alternative payment models and Medicare Advantage", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–28(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-28" }, { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" } ] } ]

[ "Administrative law and regulatory procedures", "Congressional oversight", "Department of Health and Human Services", "Government information and archives", "Government studies and investigations", "Health care costs and insurance", "Medicare" ]

[ { "text": "1. Short title \nThis Act may be cited as the Cerebral Cavernous Malformations Clinical Awareness, Research, and Education Act of 2023 or the CCM–CARE Act of 2023.", "id": "H7035D69742074E95A5D2892FB8EB4531", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds as follows: (1) Cerebral cavernous malformations (referred to in this section as CCM ), also known as cavernous angioma, or cavernoma, is a devastating blood vessel disease characterized by vascular lesions that develop and grow within the brain and spinal cord. (2) Detection of CCM lesions is achieved through costly and specialized medical imaging techniques, often not accessible or convenient to patients who need them. (3) While CCM is a common type of vascular anomaly, many individuals are not aware they have the disease until the onset of serious clinical symptoms. CCM is often inherited unknowingly. (4) CCM affects an estimated 600,000 people in the United States, although fewer than 200,000 are accurately diagnosed. (5) Individuals diagnosed with CCM may experience neurological deficits, seizure, stroke, or sudden death. (6) Due to limited research, there is currently no treatment for CCM other than brain and spinal surgery, and only for certain patients. (7) There is also a shortage of trained physicians to provide skilled and timely diagnosis and appropriate treatment for CCM. (8) While the hereditary form of CCM may occur among any ethnicity, the presence of a mutation called the common Hispanic mutation , has passed through 14 or more generations of American descendants from the original Spanish settlers of the Southwest in the 1590s. New Mexico has the highest population density of CCM in the world; Texas, Arizona, and Colorado also have high rates of CCM due to the common Hispanic mutation. (9) A second mutation (CCM2 Common Deletion) originating in the Southeastern United States before 1800 has increased rates of the illness in South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, Oklahoma, Kentucky, Kansas, and northern California.", "id": "H30C78C39C48B47FEA04B7F968EA20040", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Expansion and coordination of activities of national institutes of health with respect to cerebral cavernous malformations research \nPart B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by adding at the end the following: 409K. Cerebral cavernous malformations research activities \n(a) Expansion and coordination of activities \nThe Director of NIH, in coordination with the directors of the National Institute of Neurological Disorders and Stroke, the National Center for Advancing Translational Sciences, the National Heart, Lung, and Blood Institute, and other national research institutes, as appropriate, for the purpose of conducting research and related activities concerning cerebral cavernous malformations (referred to in this section as CCM )— (1) shall strengthen and coordinate efforts of the National Institutes of Health; and (2) may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other medical or educational entities). (b) Activities \nThe research and related activities described in subsection (a) shall include the following: (1) Clinical, translational, and basic research \nThe Director of NIH shall conduct or support, through funding opportunity announcements, grants, or cooperative agreements, basic, clinical, and translational research on CCM, including research on— (A) the identification and development of affordable imaging, plasma, and urine biomarkers that fulfill the requirement of the Food and Drug Administration for biomarker qualification as proper measures of CCM pathogenic biology, including diagnosis, response to clinical intervention, or prediction of adverse clinical events; (B) pre-clinical trials of promising CCM drug treatment candidates; (C) novel biomedical and pharmacological interventions designed to target existing lesions to reduce their size and clinical activity; (D) clinical research related to repurposing currently approved drugs for application for CCM treatment; (E) development of new non-pharmacological treatment approaches, such as focused ultrasound, and targeted treatment delivery technology; (F) the gut-brain axis and the effects of microbiome composition on clinical symptomology; (G) the microbiome as a therapeutic target for CCM treatment; (H) research related to gene therapy as a treatment for familial CCM; (I) research related to RNA-based therapies; (J) research related to the mechanistic overlap between CCM and other disorders, including vascular disorders and cancer; (K) research related to improving and measuring the quality of life for individuals with CCM and their families; (L) contributions of genetic variation to clinical presentation as precision medicine targets for therapy; (M) clinical training programs aimed at increasing the number of scientists and clinicians who are trained to treat patients and carry out the research described in this paragraph; (N) proteomic, pharmacological, and cell biological analysis of CCM molecules; (O) biological mechanisms for lesion genesis, development, and maturation; (P) biological mechanisms for lesion bleeding and symptomology; (Q) novel biomedical and pharmacological interventions designed to inhibit new lesion development, lesion growth, and lesion bleeding; and (R) continued research related to understanding better the natural history and clinical variation associated with CCM, particularly as it relates to the development of drug development tools and clinical outcome assessments. (2) Facilitation of research resources; clinical trial preparedness \n(A) In general \nThe Director of NIH shall award grants and contracts to public or nonprofit private entities to fund all or part of the cost of planning, establishing, and providing basic operating support for a network of CCM Clinical Research Centers, including Coordinating and Participating centers regarding research on various forms of CCM. (B) Clinical and research coordinating centers \n(i) In general \nThe Director of NIH shall build upon the network created by the U01 Clinical Trial Readiness Research Project to identify and support the development of 2 geographically distributed national clinical and research coordinating centers with unique clinical expertise and the potential for coordinating multisite clinical drug trials with respect to CCM, including serving as United States sites in international adaptive trials. (ii) Duties \nThe coordinating centers identified under clause (i) shall provide a model for the participation centers described in paragraph (3), facilitate medical research to develop a cure for CCM, and enhance the medical care of individuals with CCM nationwide, including by— (I) maintaining an institutional infrastructure capable of hosting clinical trials, facilitating translational research projects, and domestic and international collaborations for clinical trials; (II) implementing the programs dedicated to patient education, patient outreach, and awareness developed by the Cerebral Cavernous Malformations Consortium under subsection (c)(3)(B); (III) developing the capacity to establish and maintain communication with other major CCM research and care institutions internationally for information sharing and coordination of research activities; (IV) demonstrating clinical expertise in the management of CCM and appointing a director and support staff, including a trainee and patient representative, for CCM research programming; (V) treating a sufficient number of eligible patients for participation with particular focus on unique subpopulations, such as patients with the common Hispanic mutation, Ashkenazi Jewish mutation, CCM2 Common Deletion, CCM3 gene mutation carriers, or Black and under-resourced patients; and (VI) maintaining a telehealth infrastructure to support and provide clinical consultation for remote and underserved communities. (3) Participation centers \n(A) In general \nThe Director of NIH shall build upon the network created by the U01 Clinical Trial Readiness Research Project to identify and support the development of approximately 6 to 10 clinical and research participation centers to facilitate medical research to develop a cure for CCM and enhance the medical care of individuals with CCM, in partnership with the coordinating centers under paragraph (2) and other national and international entities, as appropriate. (B) Eligibility \nTo qualify for selection as a participation center under subparagraph (A), an entity shall— (i) at the time of selection— (I) be affiliated with an established research network of the National Institutes of Health; and (II) have the potential to participate in a multisite clinical drug trial with respect to CCM; (ii) demonstrate— (I) the capacity to maintain communication with other major CCM research and care institutions internationally for information sharing and coordination of research activities, especially through health information technology; and (II) clinical expertise in CCM management or complete the CCM clinical training program under subsection (c)(4); and (iii) have a sufficient number of eligible patients with CCM. (C) Duration of support \nThe Director of NIH may provide support for participation centers under this section for a period not to exceed 5 years. The Director of NIH may extend the period of support for a center for one or more additional periods, not to exceed an additional 5 years, if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director of NIH and if such group has recommended to the Director that such period should be extended. (c) Cerebral cavernous malformations consortium \n(1) In general \nThe Director of NIH shall build upon the network created by the U01 Clinical Trial Readiness Research Project to convene a Cerebral Cavernous Malformations Research Consortium (referred to in this section as the consortium ). (2) Membership \nThe consortium— (A) shall include representatives of— (i) the institutions that are part of the U01 Trial Readiness Project of the National Institutes of Health, or that are part of other nationally recognized clinical Centers of Excellence; and (ii) at least 1 national CCM patient advocacy organization, which may be an entity that receives a grant or contract under subsection (b)(2)(A); and (B) may include representatives of the National Institutes of Health or the Food and Drug Administration, in an advisory or ex officio role. (3) Responsibilities \nThrough a consensus-based decision-making model, the consortium shall divide assignments and be responsible for— (A) developing and implementing training programs for clinicians and scientists in accordance with paragraph (4); (B) developing patient education, outreach, and awareness programs and materials, which may be tailored for specific regional or local needs including— (i) a regional multimedia public awareness campaign; (ii) patient education materials for distribution by regional physician and surgeon offices; (iii) an education program for elementary and secondary school nurses and community health workers to facilitate early detection and diagnosis of CCM in areas in which there is a high density of cases of CCM; (iv) regular regional patient and family-oriented educational conferences; and (v) nationally relevant electronic health teaching and communication tools and a network of professional capacity and patient and family support; and (C) preparing a biannual report to Congress, in accordance with paragraph (5). (4) Training program for clinicians and scientists \n(A) In general \nThe consortium shall establish or expand a physician training program, including information and education on advances in the diagnosis and treatment of CCM, and training and continuing education through programs for scientists, physicians, medical students, and other health professionals and care coordinators who provide care for patients with CCM, telehealth, and research relevant to CCM, for the purpose of supporting the development of new centers through educational programming to gain the expertise needed to become clinical and research centers with the potential to participate in clinical drug trials. (B) Stipends \nThe Director of NIH may provide stipends for health professionals who are enrolled in the training programs described in subparagraph (A). (5) Report to Congress \nThe consortium shall biennially submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the research, education, and other activities on CCM conducted or supported through the Department of Health and Human Services. Each such report shall include— (A) a research plan; (B) provisions specifying the amounts expended by the Department of Health and Human Services with respect to various forms of CCM, including those affected by the common Hispanic Mutation, Ashkenazi Jewish mutation, CCM2 Common Deletion, CCM3 gene mutations, and other familial and sporadic forms of cerebral cavernous malformation and patients who identify as Black or African American; and (C) recommendations for particular projects or types of projects that the national research institutes or other entities in the field of research should conduct on inherited or non-inherited forms of CCM based on patient-identified priorities. (d) Prioritize CCM funding for biotech \nThe Director of NIH, in coordination with the directors of the National Institute of Neurological Disorders and Stroke, the National Center for Advancing Translational Sciences, the National Heart, Lung, and Blood Institute, and other national research institutes, as appropriate, shall prioritize the provision of grant funding for small biotechnology entities that are working to develop treatments for CCM..", "id": "HFB4B87DFABDE47129D721EF574CC028C", "header": "Expansion and coordination of activities of national institutes of health with respect to cerebral cavernous malformations research", "nested": [], "links": [ { "text": "42 U.S.C. 284 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/284" } ] }, { "text": "409K. Cerebral cavernous malformations research activities \n(a) Expansion and coordination of activities \nThe Director of NIH, in coordination with the directors of the National Institute of Neurological Disorders and Stroke, the National Center for Advancing Translational Sciences, the National Heart, Lung, and Blood Institute, and other national research institutes, as appropriate, for the purpose of conducting research and related activities concerning cerebral cavernous malformations (referred to in this section as CCM )— (1) shall strengthen and coordinate efforts of the National Institutes of Health; and (2) may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other medical or educational entities). (b) Activities \nThe research and related activities described in subsection (a) shall include the following: (1) Clinical, translational, and basic research \nThe Director of NIH shall conduct or support, through funding opportunity announcements, grants, or cooperative agreements, basic, clinical, and translational research on CCM, including research on— (A) the identification and development of affordable imaging, plasma, and urine biomarkers that fulfill the requirement of the Food and Drug Administration for biomarker qualification as proper measures of CCM pathogenic biology, including diagnosis, response to clinical intervention, or prediction of adverse clinical events; (B) pre-clinical trials of promising CCM drug treatment candidates; (C) novel biomedical and pharmacological interventions designed to target existing lesions to reduce their size and clinical activity; (D) clinical research related to repurposing currently approved drugs for application for CCM treatment; (E) development of new non-pharmacological treatment approaches, such as focused ultrasound, and targeted treatment delivery technology; (F) the gut-brain axis and the effects of microbiome composition on clinical symptomology; (G) the microbiome as a therapeutic target for CCM treatment; (H) research related to gene therapy as a treatment for familial CCM; (I) research related to RNA-based therapies; (J) research related to the mechanistic overlap between CCM and other disorders, including vascular disorders and cancer; (K) research related to improving and measuring the quality of life for individuals with CCM and their families; (L) contributions of genetic variation to clinical presentation as precision medicine targets for therapy; (M) clinical training programs aimed at increasing the number of scientists and clinicians who are trained to treat patients and carry out the research described in this paragraph; (N) proteomic, pharmacological, and cell biological analysis of CCM molecules; (O) biological mechanisms for lesion genesis, development, and maturation; (P) biological mechanisms for lesion bleeding and symptomology; (Q) novel biomedical and pharmacological interventions designed to inhibit new lesion development, lesion growth, and lesion bleeding; and (R) continued research related to understanding better the natural history and clinical variation associated with CCM, particularly as it relates to the development of drug development tools and clinical outcome assessments. (2) Facilitation of research resources; clinical trial preparedness \n(A) In general \nThe Director of NIH shall award grants and contracts to public or nonprofit private entities to fund all or part of the cost of planning, establishing, and providing basic operating support for a network of CCM Clinical Research Centers, including Coordinating and Participating centers regarding research on various forms of CCM. (B) Clinical and research coordinating centers \n(i) In general \nThe Director of NIH shall build upon the network created by the U01 Clinical Trial Readiness Research Project to identify and support the development of 2 geographically distributed national clinical and research coordinating centers with unique clinical expertise and the potential for coordinating multisite clinical drug trials with respect to CCM, including serving as United States sites in international adaptive trials. (ii) Duties \nThe coordinating centers identified under clause (i) shall provide a model for the participation centers described in paragraph (3), facilitate medical research to develop a cure for CCM, and enhance the medical care of individuals with CCM nationwide, including by— (I) maintaining an institutional infrastructure capable of hosting clinical trials, facilitating translational research projects, and domestic and international collaborations for clinical trials; (II) implementing the programs dedicated to patient education, patient outreach, and awareness developed by the Cerebral Cavernous Malformations Consortium under subsection (c)(3)(B); (III) developing the capacity to establish and maintain communication with other major CCM research and care institutions internationally for information sharing and coordination of research activities; (IV) demonstrating clinical expertise in the management of CCM and appointing a director and support staff, including a trainee and patient representative, for CCM research programming; (V) treating a sufficient number of eligible patients for participation with particular focus on unique subpopulations, such as patients with the common Hispanic mutation, Ashkenazi Jewish mutation, CCM2 Common Deletion, CCM3 gene mutation carriers, or Black and under-resourced patients; and (VI) maintaining a telehealth infrastructure to support and provide clinical consultation for remote and underserved communities. (3) Participation centers \n(A) In general \nThe Director of NIH shall build upon the network created by the U01 Clinical Trial Readiness Research Project to identify and support the development of approximately 6 to 10 clinical and research participation centers to facilitate medical research to develop a cure for CCM and enhance the medical care of individuals with CCM, in partnership with the coordinating centers under paragraph (2) and other national and international entities, as appropriate. (B) Eligibility \nTo qualify for selection as a participation center under subparagraph (A), an entity shall— (i) at the time of selection— (I) be affiliated with an established research network of the National Institutes of Health; and (II) have the potential to participate in a multisite clinical drug trial with respect to CCM; (ii) demonstrate— (I) the capacity to maintain communication with other major CCM research and care institutions internationally for information sharing and coordination of research activities, especially through health information technology; and (II) clinical expertise in CCM management or complete the CCM clinical training program under subsection (c)(4); and (iii) have a sufficient number of eligible patients with CCM. (C) Duration of support \nThe Director of NIH may provide support for participation centers under this section for a period not to exceed 5 years. The Director of NIH may extend the period of support for a center for one or more additional periods, not to exceed an additional 5 years, if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director of NIH and if such group has recommended to the Director that such period should be extended. (c) Cerebral cavernous malformations consortium \n(1) In general \nThe Director of NIH shall build upon the network created by the U01 Clinical Trial Readiness Research Project to convene a Cerebral Cavernous Malformations Research Consortium (referred to in this section as the consortium ). (2) Membership \nThe consortium— (A) shall include representatives of— (i) the institutions that are part of the U01 Trial Readiness Project of the National Institutes of Health, or that are part of other nationally recognized clinical Centers of Excellence; and (ii) at least 1 national CCM patient advocacy organization, which may be an entity that receives a grant or contract under subsection (b)(2)(A); and (B) may include representatives of the National Institutes of Health or the Food and Drug Administration, in an advisory or ex officio role. (3) Responsibilities \nThrough a consensus-based decision-making model, the consortium shall divide assignments and be responsible for— (A) developing and implementing training programs for clinicians and scientists in accordance with paragraph (4); (B) developing patient education, outreach, and awareness programs and materials, which may be tailored for specific regional or local needs including— (i) a regional multimedia public awareness campaign; (ii) patient education materials for distribution by regional physician and surgeon offices; (iii) an education program for elementary and secondary school nurses and community health workers to facilitate early detection and diagnosis of CCM in areas in which there is a high density of cases of CCM; (iv) regular regional patient and family-oriented educational conferences; and (v) nationally relevant electronic health teaching and communication tools and a network of professional capacity and patient and family support; and (C) preparing a biannual report to Congress, in accordance with paragraph (5). (4) Training program for clinicians and scientists \n(A) In general \nThe consortium shall establish or expand a physician training program, including information and education on advances in the diagnosis and treatment of CCM, and training and continuing education through programs for scientists, physicians, medical students, and other health professionals and care coordinators who provide care for patients with CCM, telehealth, and research relevant to CCM, for the purpose of supporting the development of new centers through educational programming to gain the expertise needed to become clinical and research centers with the potential to participate in clinical drug trials. (B) Stipends \nThe Director of NIH may provide stipends for health professionals who are enrolled in the training programs described in subparagraph (A). (5) Report to Congress \nThe consortium shall biennially submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the research, education, and other activities on CCM conducted or supported through the Department of Health and Human Services. Each such report shall include— (A) a research plan; (B) provisions specifying the amounts expended by the Department of Health and Human Services with respect to various forms of CCM, including those affected by the common Hispanic Mutation, Ashkenazi Jewish mutation, CCM2 Common Deletion, CCM3 gene mutations, and other familial and sporadic forms of cerebral cavernous malformation and patients who identify as Black or African American; and (C) recommendations for particular projects or types of projects that the national research institutes or other entities in the field of research should conduct on inherited or non-inherited forms of CCM based on patient-identified priorities. (d) Prioritize CCM funding for biotech \nThe Director of NIH, in coordination with the directors of the National Institute of Neurological Disorders and Stroke, the National Center for Advancing Translational Sciences, the National Heart, Lung, and Blood Institute, and other national research institutes, as appropriate, shall prioritize the provision of grant funding for small biotechnology entities that are working to develop treatments for CCM.", "id": "H4316C4A88A85467FA3CDB0684E8C132E", "header": "Cerebral cavernous malformations research activities", "nested": [ { "text": "(a) Expansion and coordination of activities \nThe Director of NIH, in coordination with the directors of the National Institute of Neurological Disorders and Stroke, the National Center for Advancing Translational Sciences, the National Heart, Lung, and Blood Institute, and other national research institutes, as appropriate, for the purpose of conducting research and related activities concerning cerebral cavernous malformations (referred to in this section as CCM )— (1) shall strengthen and coordinate efforts of the National Institutes of Health; and (2) may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other medical or educational entities).", "id": "HEBD1DC6FD87748EAAD576CEFF7989870", "header": "Expansion and coordination of activities", "nested": [], "links": [] }, { "text": "(b) Activities \nThe research and related activities described in subsection (a) shall include the following: (1) Clinical, translational, and basic research \nThe Director of NIH shall conduct or support, through funding opportunity announcements, grants, or cooperative agreements, basic, clinical, and translational research on CCM, including research on— (A) the identification and development of affordable imaging, plasma, and urine biomarkers that fulfill the requirement of the Food and Drug Administration for biomarker qualification as proper measures of CCM pathogenic biology, including diagnosis, response to clinical intervention, or prediction of adverse clinical events; (B) pre-clinical trials of promising CCM drug treatment candidates; (C) novel biomedical and pharmacological interventions designed to target existing lesions to reduce their size and clinical activity; (D) clinical research related to repurposing currently approved drugs for application for CCM treatment; (E) development of new non-pharmacological treatment approaches, such as focused ultrasound, and targeted treatment delivery technology; (F) the gut-brain axis and the effects of microbiome composition on clinical symptomology; (G) the microbiome as a therapeutic target for CCM treatment; (H) research related to gene therapy as a treatment for familial CCM; (I) research related to RNA-based therapies; (J) research related to the mechanistic overlap between CCM and other disorders, including vascular disorders and cancer; (K) research related to improving and measuring the quality of life for individuals with CCM and their families; (L) contributions of genetic variation to clinical presentation as precision medicine targets for therapy; (M) clinical training programs aimed at increasing the number of scientists and clinicians who are trained to treat patients and carry out the research described in this paragraph; (N) proteomic, pharmacological, and cell biological analysis of CCM molecules; (O) biological mechanisms for lesion genesis, development, and maturation; (P) biological mechanisms for lesion bleeding and symptomology; (Q) novel biomedical and pharmacological interventions designed to inhibit new lesion development, lesion growth, and lesion bleeding; and (R) continued research related to understanding better the natural history and clinical variation associated with CCM, particularly as it relates to the development of drug development tools and clinical outcome assessments. (2) Facilitation of research resources; clinical trial preparedness \n(A) In general \nThe Director of NIH shall award grants and contracts to public or nonprofit private entities to fund all or part of the cost of planning, establishing, and providing basic operating support for a network of CCM Clinical Research Centers, including Coordinating and Participating centers regarding research on various forms of CCM. (B) Clinical and research coordinating centers \n(i) In general \nThe Director of NIH shall build upon the network created by the U01 Clinical Trial Readiness Research Project to identify and support the development of 2 geographically distributed national clinical and research coordinating centers with unique clinical expertise and the potential for coordinating multisite clinical drug trials with respect to CCM, including serving as United States sites in international adaptive trials. (ii) Duties \nThe coordinating centers identified under clause (i) shall provide a model for the participation centers described in paragraph (3), facilitate medical research to develop a cure for CCM, and enhance the medical care of individuals with CCM nationwide, including by— (I) maintaining an institutional infrastructure capable of hosting clinical trials, facilitating translational research projects, and domestic and international collaborations for clinical trials; (II) implementing the programs dedicated to patient education, patient outreach, and awareness developed by the Cerebral Cavernous Malformations Consortium under subsection (c)(3)(B); (III) developing the capacity to establish and maintain communication with other major CCM research and care institutions internationally for information sharing and coordination of research activities; (IV) demonstrating clinical expertise in the management of CCM and appointing a director and support staff, including a trainee and patient representative, for CCM research programming; (V) treating a sufficient number of eligible patients for participation with particular focus on unique subpopulations, such as patients with the common Hispanic mutation, Ashkenazi Jewish mutation, CCM2 Common Deletion, CCM3 gene mutation carriers, or Black and under-resourced patients; and (VI) maintaining a telehealth infrastructure to support and provide clinical consultation for remote and underserved communities. (3) Participation centers \n(A) In general \nThe Director of NIH shall build upon the network created by the U01 Clinical Trial Readiness Research Project to identify and support the development of approximately 6 to 10 clinical and research participation centers to facilitate medical research to develop a cure for CCM and enhance the medical care of individuals with CCM, in partnership with the coordinating centers under paragraph (2) and other national and international entities, as appropriate. (B) Eligibility \nTo qualify for selection as a participation center under subparagraph (A), an entity shall— (i) at the time of selection— (I) be affiliated with an established research network of the National Institutes of Health; and (II) have the potential to participate in a multisite clinical drug trial with respect to CCM; (ii) demonstrate— (I) the capacity to maintain communication with other major CCM research and care institutions internationally for information sharing and coordination of research activities, especially through health information technology; and (II) clinical expertise in CCM management or complete the CCM clinical training program under subsection (c)(4); and (iii) have a sufficient number of eligible patients with CCM. (C) Duration of support \nThe Director of NIH may provide support for participation centers under this section for a period not to exceed 5 years. The Director of NIH may extend the period of support for a center for one or more additional periods, not to exceed an additional 5 years, if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director of NIH and if such group has recommended to the Director that such period should be extended.", "id": "HF92F216869174FD08D379FFDF5FC4344", "header": "Activities", "nested": [], "links": [] }, { "text": "(c) Cerebral cavernous malformations consortium \n(1) In general \nThe Director of NIH shall build upon the network created by the U01 Clinical Trial Readiness Research Project to convene a Cerebral Cavernous Malformations Research Consortium (referred to in this section as the consortium ). (2) Membership \nThe consortium— (A) shall include representatives of— (i) the institutions that are part of the U01 Trial Readiness Project of the National Institutes of Health, or that are part of other nationally recognized clinical Centers of Excellence; and (ii) at least 1 national CCM patient advocacy organization, which may be an entity that receives a grant or contract under subsection (b)(2)(A); and (B) may include representatives of the National Institutes of Health or the Food and Drug Administration, in an advisory or ex officio role. (3) Responsibilities \nThrough a consensus-based decision-making model, the consortium shall divide assignments and be responsible for— (A) developing and implementing training programs for clinicians and scientists in accordance with paragraph (4); (B) developing patient education, outreach, and awareness programs and materials, which may be tailored for specific regional or local needs including— (i) a regional multimedia public awareness campaign; (ii) patient education materials for distribution by regional physician and surgeon offices; (iii) an education program for elementary and secondary school nurses and community health workers to facilitate early detection and diagnosis of CCM in areas in which there is a high density of cases of CCM; (iv) regular regional patient and family-oriented educational conferences; and (v) nationally relevant electronic health teaching and communication tools and a network of professional capacity and patient and family support; and (C) preparing a biannual report to Congress, in accordance with paragraph (5). (4) Training program for clinicians and scientists \n(A) In general \nThe consortium shall establish or expand a physician training program, including information and education on advances in the diagnosis and treatment of CCM, and training and continuing education through programs for scientists, physicians, medical students, and other health professionals and care coordinators who provide care for patients with CCM, telehealth, and research relevant to CCM, for the purpose of supporting the development of new centers through educational programming to gain the expertise needed to become clinical and research centers with the potential to participate in clinical drug trials. (B) Stipends \nThe Director of NIH may provide stipends for health professionals who are enrolled in the training programs described in subparagraph (A). (5) Report to Congress \nThe consortium shall biennially submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the research, education, and other activities on CCM conducted or supported through the Department of Health and Human Services. Each such report shall include— (A) a research plan; (B) provisions specifying the amounts expended by the Department of Health and Human Services with respect to various forms of CCM, including those affected by the common Hispanic Mutation, Ashkenazi Jewish mutation, CCM2 Common Deletion, CCM3 gene mutations, and other familial and sporadic forms of cerebral cavernous malformation and patients who identify as Black or African American; and (C) recommendations for particular projects or types of projects that the national research institutes or other entities in the field of research should conduct on inherited or non-inherited forms of CCM based on patient-identified priorities.", "id": "HB7E4E04EF9B44975BBDE5AC9660EE663", "header": "Cerebral cavernous malformations consortium", "nested": [], "links": [] }, { "text": "(d) Prioritize CCM funding for biotech \nThe Director of NIH, in coordination with the directors of the National Institute of Neurological Disorders and Stroke, the National Center for Advancing Translational Sciences, the National Heart, Lung, and Blood Institute, and other national research institutes, as appropriate, shall prioritize the provision of grant funding for small biotechnology entities that are working to develop treatments for CCM.", "id": "H832066DC38584AFEB8FF2A732FB72ECD", "header": "Prioritize CCM funding for biotech", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Centers for disease control and prevention cerebral cavernous malformations surveillance and research programs \nPart B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317U the following: 317V. Cerebral cavernous malformations surveillance and research programs \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants in such sums as may be necessary and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other medical or educational entities) for the collection, analysis, and reporting of data on cerebral cavernous malformations (referred to in this section as CCM ). (b) National cerebral cavernous malformations epidemiology program \nThe Secretary shall award grants and cooperative agreements, including technical assistance, to public or nonprofit private entities for— (1) the collection, analysis, and reporting of data on CCM; and (2) epidemiological activities, including encouraging consistency in ICD–10 coding, adoption of ICD–11 coding, collecting, and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility of specific practice patterns. (c) National surveillance program \nThe Secretary shall— (1) provide for a national surveillance program for the purpose of carrying out epidemiological activities regarding CCM, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases of CCM and the clinical utility (including costs and benefits) of specific practice patterns; and (2) wherever possible, ensure that the surveillance program is coordinated with the data and sample collection activities of the National Institutes of Health under section 409K. (d) Technical assistance \nIn making awards under this section, the Secretary may provide direct technical assistance, including personnel support. (e) Coordination with clinical centers \nThe Secretary shall ensure that epidemiological information is made available to clinical centers as supported by the Director of the National Institutes of Health under section 409K. (f) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section..", "id": "H11A5352961DC4C428E7DF088908F7FDC", "header": "Centers for disease control and prevention cerebral cavernous malformations surveillance and research programs", "nested": [], "links": [ { "text": "42 U.S.C. 243 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/243" } ] }, { "text": "317V. Cerebral cavernous malformations surveillance and research programs \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants in such sums as may be necessary and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other medical or educational entities) for the collection, analysis, and reporting of data on cerebral cavernous malformations (referred to in this section as CCM ). (b) National cerebral cavernous malformations epidemiology program \nThe Secretary shall award grants and cooperative agreements, including technical assistance, to public or nonprofit private entities for— (1) the collection, analysis, and reporting of data on CCM; and (2) epidemiological activities, including encouraging consistency in ICD–10 coding, adoption of ICD–11 coding, collecting, and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility of specific practice patterns. (c) National surveillance program \nThe Secretary shall— (1) provide for a national surveillance program for the purpose of carrying out epidemiological activities regarding CCM, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases of CCM and the clinical utility (including costs and benefits) of specific practice patterns; and (2) wherever possible, ensure that the surveillance program is coordinated with the data and sample collection activities of the National Institutes of Health under section 409K. (d) Technical assistance \nIn making awards under this section, the Secretary may provide direct technical assistance, including personnel support. (e) Coordination with clinical centers \nThe Secretary shall ensure that epidemiological information is made available to clinical centers as supported by the Director of the National Institutes of Health under section 409K. (f) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H3C6E2D212DC044878AAEC2D0A8CA7739", "header": "Cerebral cavernous malformations surveillance and research programs", "nested": [ { "text": "(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants in such sums as may be necessary and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other medical or educational entities) for the collection, analysis, and reporting of data on cerebral cavernous malformations (referred to in this section as CCM ).", "id": "H2A8492B93399456DB662BBCB1B961D72", "header": "In general", "nested": [], "links": [] }, { "text": "(b) National cerebral cavernous malformations epidemiology program \nThe Secretary shall award grants and cooperative agreements, including technical assistance, to public or nonprofit private entities for— (1) the collection, analysis, and reporting of data on CCM; and (2) epidemiological activities, including encouraging consistency in ICD–10 coding, adoption of ICD–11 coding, collecting, and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility of specific practice patterns.", "id": "HF9084CEF32AC42AFAB71109206256056", "header": "National cerebral cavernous malformations epidemiology program", "nested": [], "links": [] }, { "text": "(c) National surveillance program \nThe Secretary shall— (1) provide for a national surveillance program for the purpose of carrying out epidemiological activities regarding CCM, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases of CCM and the clinical utility (including costs and benefits) of specific practice patterns; and (2) wherever possible, ensure that the surveillance program is coordinated with the data and sample collection activities of the National Institutes of Health under section 409K.", "id": "H9D95308AA8034E1C9F7471B8B80D202E", "header": "National surveillance program", "nested": [], "links": [] }, { "text": "(d) Technical assistance \nIn making awards under this section, the Secretary may provide direct technical assistance, including personnel support.", "id": "HACCF7D4B2035461D9AE4ECBE60B18587", "header": "Technical assistance", "nested": [], "links": [] }, { "text": "(e) Coordination with clinical centers \nThe Secretary shall ensure that epidemiological information is made available to clinical centers as supported by the Director of the National Institutes of Health under section 409K.", "id": "H37D662FA41A9475E92FAF1091121D60F", "header": "Coordination with clinical centers", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H2310132669204F5EB43F7BA022B2F26D", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Food and Drug Administration cerebral cavernous malformations clinical trial preparedness and support program \n(a) Biomarker qualification program \nThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall coordinate with clinical centers, investigators, and advocates to support the qualification of appropriate imaging, plasma, and urine biomarkers for diagnosis and measuring pathology and treatment efficacy in an effort to expedite clinical trials for cerebral cavernous malformation. (b) Clinical outcome assessment qualification \nThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall coordinate with clinical centers, investigators, and advocates to support the qualification of newly developed patient reported outcome measures for quality of life as a clinical outcome in an effort to hasten the pace of clinical trials for cerebral cavernous malformation. (c) Investigational new drug application \nThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall coordinate with clinical centers, investigators, and advocates to support appropriate investigational new drug applications under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ) in an effort to hasten the pace of clinical trials for cerebral cavernous malformation. (d) Adaptive trial design and expedited review pathways \nThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall coordinate with clinical centers, investigators, and advocates to support domestic and international adaptive trial designs for rare disease research and expedited peer review mechanisms for including orphan drug designation, fast track, breakthrough therapy designation, and priority review or accelerated review, where appropriate, in an effort to hasten the pace of clinical trials for cerebral cavernous malformation.", "id": "HF1DA933CD4674E538613BCF2EDA034D4", "header": "Food and Drug Administration cerebral cavernous malformations clinical trial preparedness and support program", "nested": [ { "text": "(a) Biomarker qualification program \nThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall coordinate with clinical centers, investigators, and advocates to support the qualification of appropriate imaging, plasma, and urine biomarkers for diagnosis and measuring pathology and treatment efficacy in an effort to expedite clinical trials for cerebral cavernous malformation.", "id": "H3250E192900B4DFEA41FB7018CBB1C61", "header": "Biomarker qualification program", "nested": [], "links": [] }, { "text": "(b) Clinical outcome assessment qualification \nThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall coordinate with clinical centers, investigators, and advocates to support the qualification of newly developed patient reported outcome measures for quality of life as a clinical outcome in an effort to hasten the pace of clinical trials for cerebral cavernous malformation.", "id": "HB158DCE7DBA44047ADB3291E5AD2BCDC", "header": "Clinical outcome assessment qualification", "nested": [], "links": [] }, { "text": "(c) Investigational new drug application \nThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall coordinate with clinical centers, investigators, and advocates to support appropriate investigational new drug applications under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ) in an effort to hasten the pace of clinical trials for cerebral cavernous malformation.", "id": "H3DDFADB83E194985B059F6D8530CDEF8", "header": "Investigational new drug application", "nested": [], "links": [ { "text": "21 U.S.C. 355(i)", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "(d) Adaptive trial design and expedited review pathways \nThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall coordinate with clinical centers, investigators, and advocates to support domestic and international adaptive trial designs for rare disease research and expedited peer review mechanisms for including orphan drug designation, fast track, breakthrough therapy designation, and priority review or accelerated review, where appropriate, in an effort to hasten the pace of clinical trials for cerebral cavernous malformation.", "id": "H7AE8649DCFA641D0B4C8AB860DEDF080", "header": "Adaptive trial design and expedited review pathways", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 355(i)", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] } ]

[ "Cardiovascular and respiratory health", "Drug safety, medical device, and laboratory regulation", "Drug therapy", "Health care quality", "Health facilities and institutions", "Health information and medical records", "Health promotion and preventive care", "Medical research", "Neurological disorders", "Research administration and funding" ]

[ { "text": "1. Gap analysis of North American Aerospace Defense Command capabilities \n(a) In general \nThe Commander of the North American Aerospace Defense Command shall conduct a gap analysis of the capabilities of the North American Aerospace Defense Command, including an analysis of any limitation that has been or may be exploited by a foreign country to allow 1 or more air assets of the foreign country to enter the airspace of the United States or Canada unnoticed. (b) Report \nNot later than 90 days after the date of the enactment of this Act, the Commander of the North American Aerospace Defense Command shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the gap analysis conducted under subsection (a).", "id": "id8927ec4ae27547dfbf9bd6267b718d54", "header": "Gap analysis of North American Aerospace Defense Command capabilities", "nested": [ { "text": "(a) In general \nThe Commander of the North American Aerospace Defense Command shall conduct a gap analysis of the capabilities of the North American Aerospace Defense Command, including an analysis of any limitation that has been or may be exploited by a foreign country to allow 1 or more air assets of the foreign country to enter the airspace of the United States or Canada unnoticed.", "id": "id2e9dccb14dd440c39c2c9d5246726f41", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 90 days after the date of the enactment of this Act, the Commander of the North American Aerospace Defense Command shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the gap analysis conducted under subsection (a).", "id": "id8ad6a83591874f12a24daf8c669fb731", "header": "Report", "nested": [], "links": [] } ], "links": [] } ]

[ "Aviation and airports", "Congressional oversight", "Government studies and investigations", "Homeland security", "Intelligence activities, surveillance, classified information", "Military operations and strategy", "Spacecraft and satellites" ]

[ { "text": "1. Short title \nThis Act may be cited as the Preventing Auto Recycling Theft Act or the PART Act.", "id": "H1C9B2E645FB04146AF61C94C50AF1469", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Requirements for new motor vehicle regulations relating to catalytic converters \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration (referred to in this section as the Administrator ) shall— (1) issue a notice of proposed rulemaking to revise the motor vehicle theft prevention standard contained in section 541.5 of title 49, Code of Federal Regulations (or a successor regulation), to include catalytic converters among the parts specified in subsection (a) of that section; (2) issue a notice of proposed rulemaking to revise part 543 of title 49, Code of Federal Regulations (or successor regulations), to require that, notwithstanding the granting of a petition under that part, all catalytic converters be marked in accordance with section 541.5 of that title (as revised pursuant to paragraph (1)); and (3) update other regulations, as necessary, to ensure that, with respect to catalytic converters, the requirements of section 541.5 and part 543 of title 49, Code of Federal Regulations (as revised in accordance with paragraphs (1) and (2), respectively), apply to any vehicle covered by part 565 of that title (or successor regulations). (b) Application \nNotwithstanding any provision of chapter 331 of title 49, United States Code, in the case of a vehicle described in section 565.2 of title 49, Code of Federal Regulations (or a successor regulation), that has not been sold to the first purchaser (as defined in section 33101 of title 49, United States Code), the requirements added to section 541.5 of title 49, Code of Federal Regulations (or a successor regulation), by the Administrator in accordance with paragraph (1) of subsection (a) shall apply to the vehicle beginning on the date that is 180 days after the date on which the Administrator makes the revisions and updates required by that subsection, regardless of the model year of the vehicle or the date on which the vehicle is manufactured. (c) Marking of catalytic converters notwithstanding an exemption \nSection 33106 of title 49, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and at the end; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) a certification that the catalytic converter will be marked in accordance with sections 33101 through 33104, including associated regulations; and ; and (2) by adding at the end the following: (f) Requirements for marking catalytic converters \nThe Administrator of the National Highway Traffic Safety Administration shall promulgate regulations requiring catalytic converters on a vehicle line to be marked in accordance with sections 33101 through 33104, including associated regulations..", "id": "H382C688EFF45471A8044B72AEAD19550", "header": "Requirements for new motor vehicle regulations relating to catalytic converters", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration (referred to in this section as the Administrator ) shall— (1) issue a notice of proposed rulemaking to revise the motor vehicle theft prevention standard contained in section 541.5 of title 49, Code of Federal Regulations (or a successor regulation), to include catalytic converters among the parts specified in subsection (a) of that section; (2) issue a notice of proposed rulemaking to revise part 543 of title 49, Code of Federal Regulations (or successor regulations), to require that, notwithstanding the granting of a petition under that part, all catalytic converters be marked in accordance with section 541.5 of that title (as revised pursuant to paragraph (1)); and (3) update other regulations, as necessary, to ensure that, with respect to catalytic converters, the requirements of section 541.5 and part 543 of title 49, Code of Federal Regulations (as revised in accordance with paragraphs (1) and (2), respectively), apply to any vehicle covered by part 565 of that title (or successor regulations).", "id": "H024DF1791EE8453B8128C065AC8E29A5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application \nNotwithstanding any provision of chapter 331 of title 49, United States Code, in the case of a vehicle described in section 565.2 of title 49, Code of Federal Regulations (or a successor regulation), that has not been sold to the first purchaser (as defined in section 33101 of title 49, United States Code), the requirements added to section 541.5 of title 49, Code of Federal Regulations (or a successor regulation), by the Administrator in accordance with paragraph (1) of subsection (a) shall apply to the vehicle beginning on the date that is 180 days after the date on which the Administrator makes the revisions and updates required by that subsection, regardless of the model year of the vehicle or the date on which the vehicle is manufactured.", "id": "H7128BD4556874F44B74411818EF5D5A6", "header": "Application", "nested": [], "links": [ { "text": "chapter 331", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/331" } ] }, { "text": "(c) Marking of catalytic converters notwithstanding an exemption \nSection 33106 of title 49, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and at the end; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) a certification that the catalytic converter will be marked in accordance with sections 33101 through 33104, including associated regulations; and ; and (2) by adding at the end the following: (f) Requirements for marking catalytic converters \nThe Administrator of the National Highway Traffic Safety Administration shall promulgate regulations requiring catalytic converters on a vehicle line to be marked in accordance with sections 33101 through 33104, including associated regulations..", "id": "id7FD481136853487DA33FEEC5F64D9A7B", "header": "Marking of catalytic converters notwithstanding an exemption", "nested": [], "links": [] } ], "links": [ { "text": "chapter 331", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/331" } ] }, { "text": "3. Grant program for VIN stamping \n(a) Definitions \nIn this section: (1) Covered activity \n(A) In general \nThe term covered activity , with respect to a motor vehicle, means die or pin stamping of the full vehicle identification number on the outside of the catalytic converter in a conspicuous manner. (B) Stamping \nFor purposes of subparagraph (A), the term stamping means stamping— (i) in a typed (not handwritten) font; and (ii) covered through the application of a coat of high-visibility, high-heat theft deterrence paint. (2) Eligible entity \nThe term eligible entity means— (A) a law enforcement agency; (B) an automobile dealer; (C) an automobile repair shop and service center; and (D) a nonprofit organization. (3) Secretary \nThe term Secretary means the Secretary of Transportation. (b) Establishment \nNot later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to eligible entities to carry out covered activities (excluding wages) relating to catalytic converters. (c) Application \nTo be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Requirement \nA covered activity carried out with a grant awarded under this section shall be carried out at no cost to the owner of— (1) the motor vehicle being stamped; or (2) any motor vehicle otherwise receiving service from an eligible entity. (e) Priority \nIn awarding grants under this section, the Secretary shall give priority to— (1) eligible entities operating in areas with the highest need for covered activities, including the areas with the highest rates of catalytic converter theft, as determined by the Secretary; and (2) eligible entities that are in possession of motor vehicles that are subject to the requirement described in section 2(b). (f) Procedures for marking \nIn carrying out the grant program under this section, the Secretary shall issue such regulations as are necessary to establish procedures to mark catalytic converters of vehicles most likely to be targeted for theft with unique identification numbers using a combination of die or pin stamping and high-visibility, high-heat theft deterrence paint without damaging the function of the catalytic converter. (g) Annual report \nNot later than 1 year after the date of enactment of this Act, and annually thereafter for 10 years, the Secretary shall submit to Congress a report on the grant program established under subsection (b) that includes a description of the progress, results, and any findings of the grant program, including— (1) the total number of catalytic converters marked under the grant program; and (2) (A) to the extent known, whether any catalytic converters marked under the grant program were stolen; and (B) the outcome of any criminal investigation relating to those thefts. (h) Funding \n(1) Unobligated funding available \nOf the unobligated amounts appropriated by the American Rescue Plan Act of 2021 ( Public Law 117–2 ; 135 Stat. 4), $7,000,000 shall be made available to carry out this section. (2) Authorization of appropriations \nIn the event that the total of $7,000,000 of the funds described in paragraph (1) may not be made available to carry out this section, there is authorized to be appropriated to carry out this section an amount equal to the remaining funding necessary to total $7,000,000.", "id": "H77BA2F605D6F484082F4DB675CB649E2", "header": "Grant program for VIN stamping", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Covered activity \n(A) In general \nThe term covered activity , with respect to a motor vehicle, means die or pin stamping of the full vehicle identification number on the outside of the catalytic converter in a conspicuous manner. (B) Stamping \nFor purposes of subparagraph (A), the term stamping means stamping— (i) in a typed (not handwritten) font; and (ii) covered through the application of a coat of high-visibility, high-heat theft deterrence paint. (2) Eligible entity \nThe term eligible entity means— (A) a law enforcement agency; (B) an automobile dealer; (C) an automobile repair shop and service center; and (D) a nonprofit organization. (3) Secretary \nThe term Secretary means the Secretary of Transportation.", "id": "HC353CA19FBC9417E83AF1200DFF6A8A3", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Establishment \nNot later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to eligible entities to carry out covered activities (excluding wages) relating to catalytic converters.", "id": "id68D4F8C4294C477C813834C13AE1B0B8", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Application \nTo be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.", "id": "H5E600BC1BEA04CB9A90BA83E6C9A6DB2", "header": "Application", "nested": [], "links": [] }, { "text": "(d) Requirement \nA covered activity carried out with a grant awarded under this section shall be carried out at no cost to the owner of— (1) the motor vehicle being stamped; or (2) any motor vehicle otherwise receiving service from an eligible entity.", "id": "H885E9BC45F4B4DAEA94268821F5F6394", "header": "Requirement", "nested": [], "links": [] }, { "text": "(e) Priority \nIn awarding grants under this section, the Secretary shall give priority to— (1) eligible entities operating in areas with the highest need for covered activities, including the areas with the highest rates of catalytic converter theft, as determined by the Secretary; and (2) eligible entities that are in possession of motor vehicles that are subject to the requirement described in section 2(b).", "id": "HFDD71718E70A45B6BA3D5B3E156FA80F", "header": "Priority", "nested": [], "links": [] }, { "text": "(f) Procedures for marking \nIn carrying out the grant program under this section, the Secretary shall issue such regulations as are necessary to establish procedures to mark catalytic converters of vehicles most likely to be targeted for theft with unique identification numbers using a combination of die or pin stamping and high-visibility, high-heat theft deterrence paint without damaging the function of the catalytic converter.", "id": "H70CD9DE4A73B47A8B048EC3C8F5D20C5", "header": "Procedures for marking", "nested": [], "links": [] }, { "text": "(g) Annual report \nNot later than 1 year after the date of enactment of this Act, and annually thereafter for 10 years, the Secretary shall submit to Congress a report on the grant program established under subsection (b) that includes a description of the progress, results, and any findings of the grant program, including— (1) the total number of catalytic converters marked under the grant program; and (2) (A) to the extent known, whether any catalytic converters marked under the grant program were stolen; and (B) the outcome of any criminal investigation relating to those thefts.", "id": "HCE4E5987AC4D4159A5464233070F5504", "header": "Annual report", "nested": [], "links": [] }, { "text": "(h) Funding \n(1) Unobligated funding available \nOf the unobligated amounts appropriated by the American Rescue Plan Act of 2021 ( Public Law 117–2 ; 135 Stat. 4), $7,000,000 shall be made available to carry out this section. (2) Authorization of appropriations \nIn the event that the total of $7,000,000 of the funds described in paragraph (1) may not be made available to carry out this section, there is authorized to be appropriated to carry out this section an amount equal to the remaining funding necessary to total $7,000,000.", "id": "id5fbb82ccd3b94e0eab514b00950debcf", "header": "Funding", "nested": [], "links": [ { "text": "Public Law 117–2", "legal-doc": "public-law", "parsable-cite": "pl/117/2" } ] } ], "links": [ { "text": "Public Law 117–2", "legal-doc": "public-law", "parsable-cite": "pl/117/2" } ] }, { "text": "4. Requirements for purchase of catalytic converters and retention of seller information \n(a) Inclusion of catalytic converters \nSection 33101(6) of title 49, United States Code, is amended— (1) in subparagraph (K), by striking and after the semicolon at the end; (2) by redesignating subparagraph (L) as subparagraph (M); (3) by inserting after subparagraph (K) the following: (L) the catalytic converter; and ; and (4) in subparagraph (M) (as so redesignated), by striking subclauses (A)–(K) of this clause and inserting subparagraphs (A) through (L) of this paragraph. (b) Retention of records \nSection 33111 of the title 49, United States Code, is amended— (1) in subsection (a), in the subsection heading, by striking General requirements and inserting Prohibitions related to selling motor vehicle parts ; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following: (b) Retention of records \n(1) Definition of precious metals \nIn this subsection, the term precious metals has the meaning given the term in section 109–27.5101 of title 41, Code of Federal Regulations (or a successor regulation). (2) Requirement \nA seller of motor vehicles or motor vehicle parts that contain precious metals, including a person engaged in the business of salvaging, dismantling, recycling, or repairing motor vehicles or motor vehicle parts that contain precious metals, shall provide to a purchaser on the sale of the motor vehicle or motor vehicle part, as applicable— (A) the name, address, telephone number, and a photocopy of a government-issued identification of the seller; and (B) the make, model, vehicle identification number, date of purchase, and a description of the motor vehicle or, with respect to a motor vehicle part, a description of the motor vehicle from which the part was removed. (3) Duration of retention \nA person shall retain the information described in paragraph (2) for a period of not less than 2 years.. (c) Prohibition on sale of partial catalytic converters \nIt shall be unlawful to sell or purchase any— (1) partial or de-canned catalytic converter parts; or (2) catalytic converter which has had identifying markings removed or otherwise tampered with. (d) Regulations \nThe Attorney General shall prescribe regulations to carry out this section and the amendments made by this section, including the enforcement and penalties that apply to a violation of this section and the amendments made by this section.", "id": "HE4252DF9572F44BF8D490AE76DBABDD5", "header": "Requirements for purchase of catalytic converters and retention of seller information", "nested": [ { "text": "(a) Inclusion of catalytic converters \nSection 33101(6) of title 49, United States Code, is amended— (1) in subparagraph (K), by striking and after the semicolon at the end; (2) by redesignating subparagraph (L) as subparagraph (M); (3) by inserting after subparagraph (K) the following: (L) the catalytic converter; and ; and (4) in subparagraph (M) (as so redesignated), by striking subclauses (A)–(K) of this clause and inserting subparagraphs (A) through (L) of this paragraph.", "id": "H49377C687B9E42F68C71D51599BB2962", "header": "Inclusion of catalytic converters", "nested": [], "links": [] }, { "text": "(b) Retention of records \nSection 33111 of the title 49, United States Code, is amended— (1) in subsection (a), in the subsection heading, by striking General requirements and inserting Prohibitions related to selling motor vehicle parts ; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following: (b) Retention of records \n(1) Definition of precious metals \nIn this subsection, the term precious metals has the meaning given the term in section 109–27.5101 of title 41, Code of Federal Regulations (or a successor regulation). (2) Requirement \nA seller of motor vehicles or motor vehicle parts that contain precious metals, including a person engaged in the business of salvaging, dismantling, recycling, or repairing motor vehicles or motor vehicle parts that contain precious metals, shall provide to a purchaser on the sale of the motor vehicle or motor vehicle part, as applicable— (A) the name, address, telephone number, and a photocopy of a government-issued identification of the seller; and (B) the make, model, vehicle identification number, date of purchase, and a description of the motor vehicle or, with respect to a motor vehicle part, a description of the motor vehicle from which the part was removed. (3) Duration of retention \nA person shall retain the information described in paragraph (2) for a period of not less than 2 years..", "id": "H0E8A027B710741C7937F54AA47BA7669", "header": "Retention of records", "nested": [], "links": [] }, { "text": "(c) Prohibition on sale of partial catalytic converters \nIt shall be unlawful to sell or purchase any— (1) partial or de-canned catalytic converter parts; or (2) catalytic converter which has had identifying markings removed or otherwise tampered with.", "id": "HA20EE724B64A4737B48565528DA45832", "header": "Prohibition on sale of partial catalytic converters", "nested": [], "links": [] }, { "text": "(d) Regulations \nThe Attorney General shall prescribe regulations to carry out this section and the amendments made by this section, including the enforcement and penalties that apply to a violation of this section and the amendments made by this section.", "id": "HECC29B49CB53498BA5EFE7EDE1DEA4D4", "header": "Regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Criminal penalties \n(a) Theft of catalytic converters \nChapter 31 of title 18, United States Code, is amended— (1) by adding at the end the following: 671. Theft of catalytic converters \n(a) Definition \nIn this section, the term precious metals has the meaning given the term in section 109–27.5101 of title 41, Code of Federal Regulations, or any successor regulation. (b) Offense \nIt shall be unlawful to steal or knowingly and unlawfully take, carry away, or conceal a catalytic converter from another person’s motor vehicle, or knowingly purchase such a catalytic converter, with the intent to distribute, sell, or dispose of the catalytic converter or any precious metal removed therefrom in interstate or foreign commerce. (c) Penalty \nAny person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. ; and (2) in the table of sections, by adding at the end the following: 671. Theft of catalytic converters.. (b) Definitions \nSection 2311 of title 18, United States Code, is amended by inserting after for running on land but not on rails; the following: Precious metals has the meaning given the term in section 109–27.5101 of title 41, Code of Federal Regulations, or any successor regulation;. (c) Trafficking in car parts containing precious metals \nSection 2321 of title 18, United States Code, is amended by adding at the end the following: (d) Trafficking in motor vehicle parts containing precious metals \n(1) Offense \nIt shall be unlawful to buy, receive, possess, or obtain control of, with intent to sell or otherwise dispose of, a catalytic converter (including a de-canned catalytic converter), knowing that the catalytic converter has been stolen. (2) Penalty \nAny person who violates paragraph (1) shall be fined under this title, imprisoned not more than 5 years, or both.. (d) Chop shops \nSection 2322(b) of title 18, United States Code, is amended to read as follows: (b) Definition \nFor purposes of this section, the term chop shop means any building, lot, facility, or other structure or premise where 1 or more persons engage in receiving, concealing, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle part that has been unlawfully obtained in order to alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, extract any precious metal therefrom, or remove the identity, including the vehicle identification number or derivative thereof, or other identification marking, of the vehicle or vehicle part and to distribute, sell, or dispose of the vehicle or vehicle part, or precious metal extracted from the vehicle or vehicle part, in interstate or foreign commerce..", "id": "H5F50C554023D4DBB9DD37E1C95D5B390", "header": "Criminal penalties", "nested": [ { "text": "(a) Theft of catalytic converters \nChapter 31 of title 18, United States Code, is amended— (1) by adding at the end the following: 671. Theft of catalytic converters \n(a) Definition \nIn this section, the term precious metals has the meaning given the term in section 109–27.5101 of title 41, Code of Federal Regulations, or any successor regulation. (b) Offense \nIt shall be unlawful to steal or knowingly and unlawfully take, carry away, or conceal a catalytic converter from another person’s motor vehicle, or knowingly purchase such a catalytic converter, with the intent to distribute, sell, or dispose of the catalytic converter or any precious metal removed therefrom in interstate or foreign commerce. (c) Penalty \nAny person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. ; and (2) in the table of sections, by adding at the end the following: 671. Theft of catalytic converters..", "id": "HFA25B2BC7259440582567622AEFB742C", "header": "Theft of catalytic converters", "nested": [], "links": [ { "text": "Chapter 31", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/31" } ] }, { "text": "(b) Definitions \nSection 2311 of title 18, United States Code, is amended by inserting after for running on land but not on rails; the following: Precious metals has the meaning given the term in section 109–27.5101 of title 41, Code of Federal Regulations, or any successor regulation;.", "id": "H04134F3168E8409A9CDBC9AF50843A13", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Trafficking in car parts containing precious metals \nSection 2321 of title 18, United States Code, is amended by adding at the end the following: (d) Trafficking in motor vehicle parts containing precious metals \n(1) Offense \nIt shall be unlawful to buy, receive, possess, or obtain control of, with intent to sell or otherwise dispose of, a catalytic converter (including a de-canned catalytic converter), knowing that the catalytic converter has been stolen. (2) Penalty \nAny person who violates paragraph (1) shall be fined under this title, imprisoned not more than 5 years, or both..", "id": "H2449C79CB36D40749CB08752AD45ABEA", "header": "Trafficking in car parts containing precious metals", "nested": [], "links": [] }, { "text": "(d) Chop shops \nSection 2322(b) of title 18, United States Code, is amended to read as follows: (b) Definition \nFor purposes of this section, the term chop shop means any building, lot, facility, or other structure or premise where 1 or more persons engage in receiving, concealing, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle part that has been unlawfully obtained in order to alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, extract any precious metal therefrom, or remove the identity, including the vehicle identification number or derivative thereof, or other identification marking, of the vehicle or vehicle part and to distribute, sell, or dispose of the vehicle or vehicle part, or precious metal extracted from the vehicle or vehicle part, in interstate or foreign commerce..", "id": "H6A1731AED7DB44DA95456BCB4C0C144B", "header": "Chop shops", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 31", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/31" } ] }, { "text": "671. Theft of catalytic converters \n(a) Definition \nIn this section, the term precious metals has the meaning given the term in section 109–27.5101 of title 41, Code of Federal Regulations, or any successor regulation. (b) Offense \nIt shall be unlawful to steal or knowingly and unlawfully take, carry away, or conceal a catalytic converter from another person’s motor vehicle, or knowingly purchase such a catalytic converter, with the intent to distribute, sell, or dispose of the catalytic converter or any precious metal removed therefrom in interstate or foreign commerce. (c) Penalty \nAny person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both.", "id": "HBEECE9A6B51347C798DD28A62D2E5118", "header": "Theft of catalytic converters", "nested": [ { "text": "(a) Definition \nIn this section, the term precious metals has the meaning given the term in section 109–27.5101 of title 41, Code of Federal Regulations, or any successor regulation.", "id": "id4BF673B680D94C90AF0D5B869C03AD46", "header": "Definition", "nested": [], "links": [] }, { "text": "(b) Offense \nIt shall be unlawful to steal or knowingly and unlawfully take, carry away, or conceal a catalytic converter from another person’s motor vehicle, or knowingly purchase such a catalytic converter, with the intent to distribute, sell, or dispose of the catalytic converter or any precious metal removed therefrom in interstate or foreign commerce.", "id": "id6027D6B25CBE47799B6B665797212D95", "header": "Offense", "nested": [], "links": [] }, { "text": "(c) Penalty \nAny person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both.", "id": "idA9401C32B5C340B0BD7374B94899E3E4", "header": "Penalty", "nested": [], "links": [] } ], "links": [] } ]

[ "Crime prevention", "Crimes against property", "Law enforcement administration and funding", "Metals", "Motor vehicles" ]

[ { "text": "1. Short title \nThis Act may be cited as the Family Stability and Opportunity Vouchers Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Family stability and opportunity vouchers \nSection 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), as amended by section 601(a)(2)(B) of division AA of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ; ), is amended by adding at the end the following: (23) Family stability and opportunity vouchers \n(A) Definitions \nIn this paragraph: (i) The term area of concentrated poverty means a census tract in which the poverty rate is not less than 30 percent, as most recently determined by the Bureau of the Census. (ii) The term at risk of homelessness has the meaning given the term in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ). (iii) The term eligible family means a family that— (I) (aa) will welcome a minor child through birth or adoption in the next 300 days; or (bb) has not less than 1 child under the age of 6; (II) meets all applicable eligibility requirements under this subsection; and (III) is— (aa) homeless; (bb) unstably housed; (cc) living in an area of concentrated poverty; or (dd) at risk of displacement from— (AA) an opportunity area for children; or (BB) an area rapidly transitioning to become an opportunity area for children. (iv) The term high-performing school shall have the meaning given the term by the Secretary, using the best available evidence. (v) The term homeless has the meaning given the term in section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ). (vi) The term opportunity area for children shall have the meaning given the term by the Secretary, using the best available evidence. (vii) The term unstably housed , with respect to a family, means a family who— (I) is at risk of homelessness; (II) has moved not less than twice during the 12-month period ending on the date on which a public housing agency selects the family from a waiting list to receive assistance under this paragraph; (III) is living in a unit not accessible to a family member with a disability; (IV) is experiencing trauma or a lack of safety relating to, or fleeing or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or another dangerous, traumatic, or life-threatening condition relating to violence against a member of the family or an individual in the housing situation of the family, including an instance in which the health and safety of a child is jeopardized; or (V) is living in housing conditions that are dangerous or life-threatening. (B) Competitive award \n(i) In general \nIn each fiscal year for which amounts are authorized to be appropriated under subparagraph (F), the Secretary shall provide assistance to public housing agencies on a competitive basis to be used for— (I) incremental vouchers for eligible families; and (II) additional fees for the cost to the public housing agencies of providing mobility-related services to eligible families. (ii) Selection \nFor the second fiscal year in which the Secretary provides assistance under this paragraph, and each fiscal year thereafter, in selecting public housing agencies to receive assistance under this paragraph, the Secretary shall— (I) consider the performance of public housing agencies in implementing this paragraph; and (II) give preference to public housing agencies that partner with organizations that provide home visiting services, such as the services authorized under section 511 of the Social Security Act ( 42 U.S.C. 711 ) or locally funded initiatives, if those services are available in the service area of the public housing agency. (C) Services required to be offered to families receiving vouchers \n(i) In general \nA public housing agency that receives assistance under this paragraph— (I) shall offer, to each eligible family that the agency selects to receive a voucher, mobility-related services to help the family move to an opportunity area for children with access to— (aa) a high-performing school; or (bb) high-quality childcare and early education; (II) may not require an eligible family to participate in the mobility-related services described in subclause (I) as a condition of receipt of a voucher; and (III) shall adopt mobility-related policies, to be specified by the Secretary. (ii) Minimum assortment of services and policies \nThe Secretary shall establish a minimum assortment of types of mobility-related services that a public housing agency shall offer, and mobility-related policies that a public housing agency shall adopt, under clause (i) based on promising practices and evidence of the effectiveness of the services and policies. (iii) Specific services \nThe types of mobility-related services required to be offered under clause (i)— (I) shall include a customized approach to enable a successful transition to opportunity areas for children; and (II) may include counseling and continued supportive services for families. (iv) Opportunity areas for children; high-performing schools; high-quality child care and early education \nThe Secretary shall establish criteria for areas, schools, and child care and early education to qualify as opportunity areas for children, high-performing schools, and high-quality child care and early education, respectively. (v) Manner of providing services \nA public housing agency may provide mobility-related services as required under clause (i) directly or through a local partnership or contract. (D) Other requirements \n(i) Turnover \n(I) In general \nUpon turnover of a voucher issued by a public housing agency using assistance received under this paragraph, the public housing agency shall issue the voucher to another eligible family under this paragraph. (II) Mobility services \nA public housing agency turning over a voucher as described in subclause (I) shall provide any available mobility services to the eligible family receiving the voucher. (ii) Recapture and reallocation by Secretary \nIf a public housing agency that receives assistance to be used for vouchers and fees under this paragraph determines that it no longer has an identified need for the assistance, the public housing agency shall notify the Secretary, who may recapture the assistance and reallocate the assistance in accordance with this paragraph. (E) Implementation \n(i) Definitions \nNot later than 180 days after the date of enactment of this paragraph, the Secretary shall publish a notice for public comment in the Federal Register that includes any definitions or other specifications required or authorized under this paragraph. (ii) Allocation of funding \n(I) Initial year \nFor the first fiscal year for which amounts are appropriated to be provided to public housing agencies for incremental vouchers under this paragraph, the Secretary shall allocate the amounts to public housing agencies not later than 2 years after the date on which the amounts are appropriated. (II) Subsequent years \nFor any fiscal year after the fiscal year described in subclause (I), the Secretary shall allocate amounts to public housing agencies for incremental vouchers under this paragraph not later than 180 days after the date on which the amounts are appropriated. (F) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary for each of fiscal years 2024 through 2029 such sums as may be necessary to provide assistance to public housing agencies under this paragraph to be used for— (i) not more than 50,000 incremental vouchers each fiscal year, as described in subparagraph (B)(i)(I); and (ii) fees for the cost of administering the incremental vouchers described in subparagraph (B)(i)(I) and other mobility-related expenses..", "id": "id45BABB02CDE94605BEFC4954D3170F89", "header": "Family stability and opportunity vouchers", "nested": [], "links": [ { "text": "42 U.S.C. 1437f(o)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" }, { "text": "42 U.S.C. 11360", "legal-doc": "usc", "parsable-cite": "usc/42/11360" }, { "text": "42 U.S.C. 11302", "legal-doc": "usc", "parsable-cite": "usc/42/11302" }, { "text": "42 U.S.C. 711", "legal-doc": "usc", "parsable-cite": "usc/42/711" } ] } ]

[ "Child care and development", "Child safety and welfare", "Education of the disadvantaged", "Elementary and secondary education", "Homelessness and emergency shelter", "Housing and community development funding", "Low- and moderate-income housing", "Poverty and welfare assistance", "Preschool education", "Public housing" ]

[ { "text": "1. Short title \nThis Act may be cited as the Administrative False Claims Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Administrative false claims \n(a) Change in short title \n(1) In general \nSubtitle B of title VI of the Omnibus Budget Reconciliation Act of 1986 ( Public Law 99–509 ; 100 Stat. 1934) is amended— (A) in the subtitle heading, by striking Program Fraud Civil Remedies and inserting Administrative False Claims ; and (B) in section 6101 ( 31 U.S.C. 3801 note), by striking Program Fraud Civil Remedies Act of 1986 and inserting Administrative False Claims Act. (2) References \nAny reference to the Program Fraud Civil Remedies Act of 1986 in any provision of law, regulation, map, document, record, or other paper of the United States shall be deemed a reference to the Administrative False Claims Act. (b) Reverse false claims \nChapter 38 of title 31, United States Code, is amended— (1) in section 3801(a)(3), by amending subparagraph (C) to read as follows: (C) made to an authority which has the effect of concealing or improperly avoiding or decreasing an obligation to pay or transmit property, services, or money to the authority, ; and (2) in section 3802(a)(3)— (A) by striking An assessment and inserting (A) Except as provided in subparagraph (B), an assessment ; and (B) by adding at the end the following: (B) In the case of a claim described in section 3801(a)(3)(C), an assessment shall not be made under the second sentence of paragraph (1) in an amount that is more than double the value of the property, services, or money that was wrongfully withheld from the authority.. (c) Increasing dollar amount of claims \nSection 3803(c) of title 31, United States Code, is amended— (1) in paragraph (1), by striking $150,000 each place that term appears and inserting $1,000,000 ; and (2) by adding at the end the following: (3) Adjustment for inflation \nThe maximum amount in paragraph (1) shall be adjusted for inflation in the same manner and to the same extent as civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act ( 28 U.S.C. 2461 note).. (d) Recovery of costs \nSection 3806(g)(1) of title 31, United States Code, is amended to read as follows: (1) (A) Except as provided in paragraph (2)— (i) any amount collected under this chapter shall be credited first to reimburse the authority or other Federal entity that expended costs in support of the investigation or prosecution of the action, including any court or hearing costs; and (ii) amounts reimbursed under clause (i) shall— (I) be deposited in— (aa) the appropriations account of the authority or other Federal entity from which the costs described in subparagraph (A) were obligated; (bb) a similar appropriations account of the authority or other Federal entity; or (cc) if the authority or other Federal entity expended nonappropriated funds, another appropriate account; and (II) remain available until expended. (B) Any amount remaining after reimbursements described in subparagraph (A) shall be deposited as miscellaneous receipts in the Treasury of the United States.. (e) Semiannual reporting \nSection 405(c) of title 5, United States Code, is amended— (1) in paragraph (4), by striking and at the end; (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following: (5) information relating to cases under chapter 38 of title 31, including— (A) the number of reports submitted by investigating officials to reviewing officials under section 3803(a)(1) of such title; (B) actions taken in response to reports described in subparagraph (A), which shall include statistical tables showing— (i) pending cases; (ii) resolved cases; (iii) the average length of time to resolve each case; (iv) the number of final agency decisions that were appealed to a district court of the United States or a higher court; and (v) if the total number of cases in a report is greater than 2— (I) the number of cases that were settled; and (II) the total penalty or assessment amount recovered in each case, including through a settlement or compromise; and (C) instances in which the reviewing official declined to proceed on a case reported by an investigating official; and. (f) Increasing efficiency of DOJ processing \nSection 3803(j) of title 31, United States Code, is amended— (1) by inserting (1) before The reviewing ; and (2) by adding at the end the following: (2) A reviewing official shall notify the Attorney General in writing not later than 30 days before entering into any agreement to compromise or settle allegations of liability under section 3802 and before the date on which the reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b).. (g) Revision of definition of hearing officials \n(1) In general \nChapter 38 of title 31, United States Code, is amended— (A) in section 3801(a)(7)— (i) in subparagraph (A), by striking or at the end; (ii) in subparagraph (B)(vii), by adding or at the end; and (iii) by adding at the end the following: (C) a member of the board of contract appeals pursuant to section 7105 of title 41, if the authority does not employ an available presiding officer under subparagraph (A); ; and (B) in section 3803(d)(2)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B)— (I) by striking the presiding and inserting (i) in the case of a referral to a presiding officer described in subparagraph (A) or (B) of section 3801(a)(7), the presiding ; (II) in clause (i), as so designated, by striking the period at the end and inserting ; or ; and (III) by adding at the end the following: (ii) in the case of a referral to a presiding officer described in subparagraph (C) of section 3801(a)(7)— (I) the reviewing official shall submit a copy of the notice required by under paragraph (1) and of the response of the person receiving such notice requesting a hearing— (aa) to the board of contract appeals that has jurisdiction over matters arising from the agency of the reviewing official pursuant to section 7105(e)(1) of title 41; or (bb) if the Chair of the board of contract appeals declines to accept the referral, to any other board of contract appeals; and (II) the reviewing official shall simultaneously mail, by registered or certified mail, or shall deliver, notice to the person alleged to be liable under section 3802 that the referral has been made to an agency board of contract appeals with an explanation as to where the person may obtain the relevant rules of procedure promulgated by the board; and ; and (iii) by adding at the end the following: (C) in the case of a hearing conducted by a presiding officer described in subparagraph (C) of section 3801(a)(7)— (i) the presiding officer shall conduct the hearing according to the rules and procedures promulgated by the board of contract appeals; and (ii) the hearing shall not be subject to the provisions in subsection (g)(2), (h), or (i).. (2) Agency boards \nSection 7105(e) of title 41, United States Code, is amended— (A) in paragraph (1), by adding at the end the following: (E) Administrative False Claims Act \n(i) In general \nThe boards described in subparagraphs (B), (C), and (D) shall have jurisdiction to hear any case referred to a board of contract appeals under section 3803(d) of title 31. (ii) Declining referral \nIf the Chair of a board described in subparagraph (B), (C), or (D) determines that accepting a case under clause (i) would prevent adequate consideration of other cases being handled by the board, the Chair may decline to accept the referral. ; and (B) in paragraph (2), by inserting or, in the event that a case is filed under chapter 38 of title 31, any relief that would be available to a litigant under that chapter before the period at the end. (3) Regulations \nNot later than 180 days after the date of enactment of this Act, each authority head, as defined in section 3801 of title 31, United States Code, and each board of contract appeals of a board described in subparagraph (B), (C), or (D) of section 7105(e) of title 41, United States Code, shall amend procedures regarding proceedings as necessary to implement the amendments made by this subsection. (h) Revision of limitations \nSection 3808 of title 31, United States Code, is amended by striking subsection (a) and inserting the following: (a) A notice to the person alleged to be liable with respect to a claim or statement shall be mailed or delivered in accordance with section 3803(d)(1) not later than the later of— (1) 6 years after the date on which the violation of section 3802 is committed; or (2) 3 years after the date on which facts material to the action are known or reasonably should have been known by the authority head, but in no event more than 10 years after the date on which the violation is committed.. (i) Definitions \nSection 3801 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (8), by striking and at the end; (B) in paragraph (9), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (10) material has the meaning given the term in section 3729(b) of this title; and (11) obligation has the meaning given the term in section 3729(b) of this title. ; and (2) by adding at the end the following: (d) For purposes of subsection (a)(10), materiality shall be determined in the same manner as under section 3729 of this title.. (j) Promulgation of regulations \nNot later than 180 days after the date of enactment of this Act, each authority head, as defined in section 3801 of title 31, United States Code, shall— (1) promulgate regulations and procedures to carry out this Act and the amendments made by this Act; and (2) review and update existing regulations and procedures of the authority to ensure compliance with this Act and the amendments made by this Act.", "id": "idFBC0C95C93E84FD3BDBF8487BB88EA36", "header": "Administrative false claims", "nested": [ { "text": "(a) Change in short title \n(1) In general \nSubtitle B of title VI of the Omnibus Budget Reconciliation Act of 1986 ( Public Law 99–509 ; 100 Stat. 1934) is amended— (A) in the subtitle heading, by striking Program Fraud Civil Remedies and inserting Administrative False Claims ; and (B) in section 6101 ( 31 U.S.C. 3801 note), by striking Program Fraud Civil Remedies Act of 1986 and inserting Administrative False Claims Act. (2) References \nAny reference to the Program Fraud Civil Remedies Act of 1986 in any provision of law, regulation, map, document, record, or other paper of the United States shall be deemed a reference to the Administrative False Claims Act.", "id": "id4F4C987B79B7454FBA24C0EFDA422753", "header": "Change in short title", "nested": [], "links": [ { "text": "Public Law 99–509", "legal-doc": "public-law", "parsable-cite": "pl/99/509" }, { "text": "31 U.S.C. 3801", "legal-doc": "usc", "parsable-cite": "usc/31/3801" } ] }, { "text": "(b) Reverse false claims \nChapter 38 of title 31, United States Code, is amended— (1) in section 3801(a)(3), by amending subparagraph (C) to read as follows: (C) made to an authority which has the effect of concealing or improperly avoiding or decreasing an obligation to pay or transmit property, services, or money to the authority, ; and (2) in section 3802(a)(3)— (A) by striking An assessment and inserting (A) Except as provided in subparagraph (B), an assessment ; and (B) by adding at the end the following: (B) In the case of a claim described in section 3801(a)(3)(C), an assessment shall not be made under the second sentence of paragraph (1) in an amount that is more than double the value of the property, services, or money that was wrongfully withheld from the authority..", "id": "id7C4B21AB7BA149F48C6555FF414240C7", "header": "Reverse false claims", "nested": [], "links": [ { "text": "Chapter 38", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/38" } ] }, { "text": "(c) Increasing dollar amount of claims \nSection 3803(c) of title 31, United States Code, is amended— (1) in paragraph (1), by striking $150,000 each place that term appears and inserting $1,000,000 ; and (2) by adding at the end the following: (3) Adjustment for inflation \nThe maximum amount in paragraph (1) shall be adjusted for inflation in the same manner and to the same extent as civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act ( 28 U.S.C. 2461 note)..", "id": "idD228B7B3AF9E47FC8BB74EA1C0F5C7C9", "header": "Increasing dollar amount of claims", "nested": [], "links": [ { "text": "28 U.S.C. 2461", "legal-doc": "usc", "parsable-cite": "usc/28/2461" } ] }, { "text": "(d) Recovery of costs \nSection 3806(g)(1) of title 31, United States Code, is amended to read as follows: (1) (A) Except as provided in paragraph (2)— (i) any amount collected under this chapter shall be credited first to reimburse the authority or other Federal entity that expended costs in support of the investigation or prosecution of the action, including any court or hearing costs; and (ii) amounts reimbursed under clause (i) shall— (I) be deposited in— (aa) the appropriations account of the authority or other Federal entity from which the costs described in subparagraph (A) were obligated; (bb) a similar appropriations account of the authority or other Federal entity; or (cc) if the authority or other Federal entity expended nonappropriated funds, another appropriate account; and (II) remain available until expended. (B) Any amount remaining after reimbursements described in subparagraph (A) shall be deposited as miscellaneous receipts in the Treasury of the United States..", "id": "idF26F11D47C3B4EC1A8B36F935189493A", "header": "Recovery of costs", "nested": [], "links": [] }, { "text": "(e) Semiannual reporting \nSection 405(c) of title 5, United States Code, is amended— (1) in paragraph (4), by striking and at the end; (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following: (5) information relating to cases under chapter 38 of title 31, including— (A) the number of reports submitted by investigating officials to reviewing officials under section 3803(a)(1) of such title; (B) actions taken in response to reports described in subparagraph (A), which shall include statistical tables showing— (i) pending cases; (ii) resolved cases; (iii) the average length of time to resolve each case; (iv) the number of final agency decisions that were appealed to a district court of the United States or a higher court; and (v) if the total number of cases in a report is greater than 2— (I) the number of cases that were settled; and (II) the total penalty or assessment amount recovered in each case, including through a settlement or compromise; and (C) instances in which the reviewing official declined to proceed on a case reported by an investigating official; and.", "id": "idF7D8DFEE8BDD447BA69236F4F039A829", "header": "Semiannual reporting", "nested": [], "links": [ { "text": "chapter 38", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/38" } ] }, { "text": "(f) Increasing efficiency of DOJ processing \nSection 3803(j) of title 31, United States Code, is amended— (1) by inserting (1) before The reviewing ; and (2) by adding at the end the following: (2) A reviewing official shall notify the Attorney General in writing not later than 30 days before entering into any agreement to compromise or settle allegations of liability under section 3802 and before the date on which the reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b)..", "id": "id3EDEAD6D5975466D9998E174714E054E", "header": "Increasing efficiency of DOJ processing", "nested": [], "links": [] }, { "text": "(g) Revision of definition of hearing officials \n(1) In general \nChapter 38 of title 31, United States Code, is amended— (A) in section 3801(a)(7)— (i) in subparagraph (A), by striking or at the end; (ii) in subparagraph (B)(vii), by adding or at the end; and (iii) by adding at the end the following: (C) a member of the board of contract appeals pursuant to section 7105 of title 41, if the authority does not employ an available presiding officer under subparagraph (A); ; and (B) in section 3803(d)(2)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B)— (I) by striking the presiding and inserting (i) in the case of a referral to a presiding officer described in subparagraph (A) or (B) of section 3801(a)(7), the presiding ; (II) in clause (i), as so designated, by striking the period at the end and inserting ; or ; and (III) by adding at the end the following: (ii) in the case of a referral to a presiding officer described in subparagraph (C) of section 3801(a)(7)— (I) the reviewing official shall submit a copy of the notice required by under paragraph (1) and of the response of the person receiving such notice requesting a hearing— (aa) to the board of contract appeals that has jurisdiction over matters arising from the agency of the reviewing official pursuant to section 7105(e)(1) of title 41; or (bb) if the Chair of the board of contract appeals declines to accept the referral, to any other board of contract appeals; and (II) the reviewing official shall simultaneously mail, by registered or certified mail, or shall deliver, notice to the person alleged to be liable under section 3802 that the referral has been made to an agency board of contract appeals with an explanation as to where the person may obtain the relevant rules of procedure promulgated by the board; and ; and (iii) by adding at the end the following: (C) in the case of a hearing conducted by a presiding officer described in subparagraph (C) of section 3801(a)(7)— (i) the presiding officer shall conduct the hearing according to the rules and procedures promulgated by the board of contract appeals; and (ii) the hearing shall not be subject to the provisions in subsection (g)(2), (h), or (i).. (2) Agency boards \nSection 7105(e) of title 41, United States Code, is amended— (A) in paragraph (1), by adding at the end the following: (E) Administrative False Claims Act \n(i) In general \nThe boards described in subparagraphs (B), (C), and (D) shall have jurisdiction to hear any case referred to a board of contract appeals under section 3803(d) of title 31. (ii) Declining referral \nIf the Chair of a board described in subparagraph (B), (C), or (D) determines that accepting a case under clause (i) would prevent adequate consideration of other cases being handled by the board, the Chair may decline to accept the referral. ; and (B) in paragraph (2), by inserting or, in the event that a case is filed under chapter 38 of title 31, any relief that would be available to a litigant under that chapter before the period at the end. (3) Regulations \nNot later than 180 days after the date of enactment of this Act, each authority head, as defined in section 3801 of title 31, United States Code, and each board of contract appeals of a board described in subparagraph (B), (C), or (D) of section 7105(e) of title 41, United States Code, shall amend procedures regarding proceedings as necessary to implement the amendments made by this subsection.", "id": "id15A387DAFB534DB986A1C29EF4FF4B0E", "header": "Revision of definition of hearing officials", "nested": [], "links": [ { "text": "Chapter 38", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/38" }, { "text": "chapter 38", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/38" } ] }, { "text": "(h) Revision of limitations \nSection 3808 of title 31, United States Code, is amended by striking subsection (a) and inserting the following: (a) A notice to the person alleged to be liable with respect to a claim or statement shall be mailed or delivered in accordance with section 3803(d)(1) not later than the later of— (1) 6 years after the date on which the violation of section 3802 is committed; or (2) 3 years after the date on which facts material to the action are known or reasonably should have been known by the authority head, but in no event more than 10 years after the date on which the violation is committed..", "id": "id1960ffd2de154191b0cbb53457a0d429", "header": "Revision of limitations", "nested": [], "links": [] }, { "text": "(i) Definitions \nSection 3801 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (8), by striking and at the end; (B) in paragraph (9), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (10) material has the meaning given the term in section 3729(b) of this title; and (11) obligation has the meaning given the term in section 3729(b) of this title. ; and (2) by adding at the end the following: (d) For purposes of subsection (a)(10), materiality shall be determined in the same manner as under section 3729 of this title..", "id": "idBF01D6B8E1EA4B12B31F6DEDD4AD993A", "header": "Definitions", "nested": [], "links": [] }, { "text": "(j) Promulgation of regulations \nNot later than 180 days after the date of enactment of this Act, each authority head, as defined in section 3801 of title 31, United States Code, shall— (1) promulgate regulations and procedures to carry out this Act and the amendments made by this Act; and (2) review and update existing regulations and procedures of the authority to ensure compliance with this Act and the amendments made by this Act.", "id": "id65fc8492fc8640a682a312ab69591c9b", "header": "Promulgation of regulations", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 99–509", "legal-doc": "public-law", "parsable-cite": "pl/99/509" }, { "text": "31 U.S.C. 3801", "legal-doc": "usc", "parsable-cite": "usc/31/3801" }, { "text": "Chapter 38", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/38" }, { "text": "28 U.S.C. 2461", "legal-doc": "usc", "parsable-cite": "usc/28/2461" }, { "text": "chapter 38", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/38" }, { "text": "Chapter 38", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/38" }, { "text": "chapter 38", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/38" } ] } ]

[ "Administrative remedies", "Criminal investigation, prosecution, interrogation", "Fraud offenses and financial crimes", "Government liability", "Government studies and investigations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions Act or the DETERRENT Act.", "id": "H55E32766616942159B818F87B4F9DF89", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Disclosures of foreign gifts \n(a) In general \nSection 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) is amended to read as follows: 117. Disclosures of foreign gifts \n(a) Disclosure reports \n(1) Aggregate gifts and contract disclosures \nAn institution shall file a disclosure report in accordance with subsection (b)(1) with the Secretary on July 31 of the calendar year immediately following any calendar year in which— (A) the institution receives a gift from, or enters into a contract with, a foreign source (other than a foreign country of concern or foreign entity of concern)— (i) the value of which is $50,000 or more, considered alone or in combination with all other gifts from, or contracts with, that foreign source within the calendar year; or (ii) the value of which is undetermined; or (B) the institution receives a gift from a foreign country of concern or foreign entity of concern, or, upon receiving a waiver under section 117A to enter into a contract with such a country or entity, enters into such contract, without regard to the value of such gift or contract. (2) Foreign source ownership or control disclosures \nIn the case of an institution that is substantially controlled (as described in section 668.174(c)(3) of title 34, Code of Federal Regulations) (or successor regulations)) by a foreign source, the institution shall file a disclosure report in accordance with subsection (b)(2) with the Secretary on July 31 of each year. (3) Treatment of affiliated entities \nFor purposes of this section, any gift to, or contract with, an affiliated entity of an institution shall be considered a gift to or contract with, respectively, such institution. (b) Contents of report \n(1) Gifts and contracts \nEach report to the Secretary required under subsection (a)(1) shall contain the following: (A) With respect to a gift received from, or a contract entered into with, any foreign source— (i) the terms of such gift or contract, including— (I) the name of the individual, department, or benefactor at the institution receiving the gift or carrying out the contract; (II) the intended purpose of such gift or contract, as provided to the institution by such foreign source, or if no such purpose is provided by such foreign source, the intended use of such gift or contract, as provided by the institution; and (III) in the case of a restricted or conditional gift or contract, a description of the restrictions or conditions of such gift or contract; (ii) with respect to a gift— (I) the total fair market dollar amount or dollar value of the gift, as of the date of submission of such report; and (II) the date on which the institution received such gift; (iii) with respect to a contract— (I) the date on which such contract commences; (II) as applicable, the date on which such contract terminates; and (III) an assurance that the institution will— (aa) maintain an unredacted copy of the contract until the latest of— (AA) the date that is 4 years after the date on which the contract commences; (BB) the date on which the contract terminates; or (CC) the last day of any period that applicable State law requires a copy of such contract to be maintained; and (bb) upon request of the Secretary during an investigation under section 117D(a)(1), produce such an unredacted copy of the contract; and (iv) an assurance that in a case in which information is required to be disclosed under this section with respect to a gift or contract that is not in English, such information is translated into English in compliance with the requirements of subsection (c). (B) With respect to a gift received from, or a contract entered into with, a foreign source that is a foreign government (other than the government of a foreign country of concern)— (i) the name of such foreign government; (ii) the department, agency, office, or division of such foreign government that approved such gift or contract, as applicable; and (iii) the physical mailing address of such department, agency, office, or division. (C) With respect to a gift received from, or contract entered into with, a foreign source (other than a foreign government subject to the requirements of subparagraph (B))— (i) the legal name of the foreign source, or, if such name is not available, a statement certified by the compliance officer in accordance with subsection (f)(2) that the institution has reasonably attempted to obtain such name; (ii) in the case of a foreign source that is a natural person, the country of citizenship of such person, or, if such country is not known, the principal country of residence of such person; (iii) in the case of a foreign source that is a legal entity, the country in which such entity is incorporated, or if such information is not available, the principal place of business of such entity; and (iv) the physical mailing address of such foreign source, or if such address is not available, a statement certified by the compliance officer in accordance with subsection (f)(2) that the institution has reasonably attempted to obtain such address. (D) With respect to a contract entered into with a foreign source that is a foreign country of concern or a foreign entity of concern— (i) a complete and unredacted text of the original contract, and if such original contract is not in English, a translated copy of the text into English; (ii) a copy of the waiver received under section 117A for such contract; and (iii) the statement submitted by the institution for purposes of receiving such a waiver under section 117A(b)(1). (2) Foreign source ownership or control \nEach report to the Secretary required under subsection (a)(2) shall contain— (A) the legal name and address of the foreign source that owns or controls the institution; (B) the date on which the foreign source assumed ownership or control; and (C) any changes in program or structure resulting from the change in ownership or control. (c) Translation requirements \nAny information required to be disclosed under this section with respect to a gift or contract that is not in English shall be translated, for purposes of such disclosure, by a person that is not an affiliated entity or agent of the foreign source involved with such gift or contract. (d) Public inspection \n(1) Database requirement \nBeginning not later than 60 days before the July 31 immediately following the date of the enactment of the DETERRENT Act , the Secretary shall— (A) establish and maintain a searchable database on a website of the Department, under which all reports submitted under this section (including any report submitted under this section before the date of the enactment of the DETERRENT Act )— (i) are made publicly available (in electronic and downloadable format), including any information provided in such reports (other than the information prohibited from being publicly disclosed pursuant to paragraph (2)); (ii) can be individually identified and compared; and (iii) are searchable and sortable by— (I) the date the institution filed such report; (II) the date on which the institution received the gift, or entered into the contract, which is the subject of the report; (III) the attributable country of such gift or contract; and (IV) the name of the foreign source (other than a foreign source that is a natural person); (B) not later than 30 days after receipt of a disclosure report under this section, include such report in such database; (C) indicate, as part of the public record of a report included in such database, whether the report is with respect to a gift received from, or a contract entered into with— (i) a foreign source that is a foreign government; or (ii) a foreign source that is not a foreign government; and (D) with respect to a disclosure report that does not include the name or address of a foreign source, indicate, as part of the public record of such report included in such database, that such report did not include such information. (2) Name and address of foreign source \nThe Secretary shall not disclose the name or address of a foreign source that is a natural person (other than the attributable country of such foreign source) included in a disclosure report— (A) as part of the public record of such disclosure report described in paragraph (1); or (B) in response to a request under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), pursuant to subsection (b)(3) of such section. (e) Interagency information sharing \nNot later than 30 days after receiving a disclosure report from an institution in compliance with this section, the Secretary shall transmit an unredacted copy of such report (that includes the name and address of a foreign source disclosed in such report) to the Director of the Federal Bureau of Investigation, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of Energy, the Director of the National Science Foundation, and the Director of the National Institutes of Health. (f) Compliance officer \nAny institution that is required to file a disclosure report under subsection (a) shall designate, before the filing deadline for such report, and maintain a compliance officer, who shall— (1) be a current employee or legally authorized agent of such institution; and (2) be responsible, on behalf of the institution, for personally certifying accurate compliance with the foreign gift reporting requirement under this section. (g) Definitions \nIn this section: (1) Affiliated entity \nThe term affiliated entity , when used with respect to an institution, means an entity or organization that operates primarily for the benefit of, or under the auspices of, such institution, including a foundation of the institution or a related entity (such as any educational, cultural, or language entity). (2) Attributable country \nThe term attributable country means— (A) the country of citizenship of a foreign source who is a natural person, or, if such country is unknown, the principal residence (as applicable) of such foreign source; or (B) the country of incorporation of a foreign source that is a legal entity, or, if such country is unknown, the principal place of business (as applicable) of such foreign source. (3) Contract \nThe term contract — (A) means— (i) any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source; (ii) any affiliation, agreement, or similar transaction with a foreign source that involves the use or exchange of an institution’s name, likeness, time, services, or resources; and (iii) any agreement for the acquisition by purchase, lease, or barter, of property or services from a foreign source (other than an arms-length agreement for such acquisition from a foreign source that is not a foreign country of concern or a foreign entity of concern); and (B) does not include an agreement made between an institution and a foreign source regarding any payment of one or more elements of a student’s cost of attendance (as such term is defined in section 472), unless such an agreement is made for more than 15 students or is made under a restricted or conditional contract. (4) Foreign source \nThe term foreign source means— (A) a foreign government, including an agency of a foreign government; (B) a legal entity, governmental or otherwise, created under the laws of a foreign state or states; (C) a natural person who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and (D) a legal entity, governmental or otherwise, substantially controlled (as described in section 668.174(c)(3) of title 34, Code of Federal Regulations) (or successor regulations)) by a government, entity, or person described in subparagraph (A), (B), or (C); (E) an agent of a government, entity, or person described in subparagraph (A), (B), or (C), including— (i) a subsidiary or affiliate of a foreign legal entity, acting on behalf of such government, entity, or person; (ii) a person that operates primarily for the benefit of, or under the auspices of, such government, entity, or person, including a foundation or a related entity (such as any educational, cultural, or language entity); and (iii) a person who is an agent of a foreign principal (as such term is defined in section 1 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 ). (5) Gift \nThe term gift — (A) means any gift of money, property, resources, staff, or services; and (B) does not include— (i) any payment of one or more elements of a student’s cost of attendance (as such term is defined in section 472) to an institution by, or scholarship from, a foreign source who is a natural person, acting in their individual capacity and not as an agent for, at the request or direction of, or on behalf of, any person or entity (except the student), made for not more than 15 students, and that is not made under a restricted or conditional contract with such foreign source; or (ii) assignment or license of registered industrial and intellectual property rights, such as patents, utility models, trademarks, or copyrights, or technical assistance, that are not identified as being associated with a national security risk or concern by the Federal Research Security Council; or (iii) decorations (as such term is defined in section 7342(a) of title 5, United States Code). (6) Restricted or conditional gift or contract \nThe term restricted or conditional gift or contract means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding— (A) the employment, assignment, or termination of faculty; (B) the establishment of departments, centers, institutes, instructional programs, research or lecture programs, or new faculty positions; (C) the selection, admission, or education of students; (D) the award of grants, loans, scholarships, fellowships, or other forms of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion; or (E) any other restriction on the use of a gift or contract.. (b) Prohibition on contracts with certain foreign entities and countries \nPart B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. ) is amended by inserting after section 117 the following: 117A. Prohibition on contracts with certain foreign entities and countries \n(a) In general \nAn institution shall not enter into a contract with a foreign country of concern or a foreign entity of concern. (b) Waivers \n(1) Submission \n(A) First waiver requests \n(i) In general \nAn institution that desires to enter into a contract with a foreign entity of concern or a foreign country of concern may submit to the Secretary, not later than 120 days before the institution enters into such a contract, a request to waive the prohibition under subsection (a) with respect to such contract. (ii) Contents of waiver request \nA waiver request submitted by an institution under clause (i) shall include— (I) the complete and unredacted text of the proposed contract for which the waiver is being requested, and if such original contract is not in English, a translated copy of the text into English (in a manner that complies with section 117(c)); and (II) a statement that— (aa) is signed by the point of contact of the institution described in section 117(f); and (bb) includes information that demonstrates that such contract is for the benefit of the institution’s mission and students and will promote the security, stability, and economic vitality of the United States. (B) Renewal waiver requests \n(i) In general \nAn institution that has entered into a contract pursuant to a waiver issued under this section, the term of which is longer than the 1-year waiver period and the terms and conditions of which remain the same as the proposed contract submitted as part of the request for such waiver may submit, not later than 120 days before the expiration of such waiver period, a request for a renewal of such waiver for an additional 1-year period (which shall include any information requested by the Secretary). (ii) Termination \nIf the institution fails to submit a request under clause (i) or is not granted a renewal under such clause, such institution shall terminate such contract on the last day of the original 1-year waiver period. (2) Waiver issuance \nThe Secretary— (A) not later than 60 days before an institution enters into a contract pursuant to a waiver request under paragraph (1)(A), or before a contract described in paragraph (1)(B)(i) is renewed pursuant to a renewal request under such paragraph, shall notify the institution— (i) if the waiver or renewal will be issued by the Secretary; and (ii) in a case in which the waiver or renewal will be issued, the date on which the 1-year waiver period starts; and (B) may only issue a waiver under this section to an institution if the Secretary determines, in consultation with the heads of each agency and department listed in section 117(e), that the contract for which the waiver is being requested is for the benefit of the institution’s mission and students and will promote the security, stability, and economic vitality of the United States. (3) Disclosure \nNot less than 2 weeks prior to issuing a waiver under paragraph (2), the Secretary shall notify the— (A) the Committee on Education and the Workforce of the House of Representatives; and (B) the Committee on Health, Education, Labor, and Pensions of the Senate, of the intent to issue the waiver, including a justification for the waiver. (4) Application of waivers \nA waiver issued under this section to an institution with respect to a contract shall only— (A) waive the prohibition under subsection (a) for a 1-year period; and (B) apply to the terms and conditions of the proposed contract submitted as part of the request for such waiver. (c) Designation during contract term \nIn the case of an institution that enters into a contract with a foreign source that is not a foreign country of concern or a foreign entity of concern but which, during the term of such contract, is designated as a foreign country of concern or foreign entity of concern, such institution shall terminate such contract not later than 60 days after the Secretary notifies the institution of such designation. (d) Contracts prior to date of enactment \n(1) In general \nIn the case of an institution that has entered into a contract with a foreign country of concern or foreign entity of concern prior to the date of enactment of the DETERRENT Act — (A) the institution shall immediately submit to the Secretary a waiver request in accordance with subsection (b)(1)(A)(ii); and (B) the Secretary shall, upon receipt of the request submitted under subparagraph (A), immediately issue a waiver to the institution for a period beginning on the date on which the waiver is issued and ending on the earlier of— (i) the date that is 1 year after the date of enactment of the DETERRENT Act ; or (ii) the date on which the contract terminates. (2) Renewal \nAn institution that has entered into a contract described in paragraph (1), the term of which is longer than the waiver period described in subparagraph (B) of such paragraph and the terms and conditions of which remain the same as the contract submitted as part of the request required under subparagraph (A) of such paragraph, may submit a request for renewal of the waiver issued under such paragraph in accordance with subsection (b)(1)(B). (e) Contract defined \nThe term contract has the meaning given such term in section 117(g).. (c) Interagency information sharing \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Education shall transmit to the heads of each agency and department listed in section 117(e) of the Higher Education Act of 1965, as amended by this Act— (1) any report received by the Department of Education under section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) prior to the date of the enactment of this Act; and (2) any report, document, or other record generated by the Department of Education in the course of an investigation— (A) of an institution with respect to the compliance of such institution with such section; and (B) initiated prior to the date of the enactment of this Act.", "id": "HB30ECABE540446159A1A41A054C27C7D", "header": "Disclosures of foreign gifts", "nested": [ { "text": "(a) In general \nSection 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) is amended to read as follows: 117. Disclosures of foreign gifts \n(a) Disclosure reports \n(1) Aggregate gifts and contract disclosures \nAn institution shall file a disclosure report in accordance with subsection (b)(1) with the Secretary on July 31 of the calendar year immediately following any calendar year in which— (A) the institution receives a gift from, or enters into a contract with, a foreign source (other than a foreign country of concern or foreign entity of concern)— (i) the value of which is $50,000 or more, considered alone or in combination with all other gifts from, or contracts with, that foreign source within the calendar year; or (ii) the value of which is undetermined; or (B) the institution receives a gift from a foreign country of concern or foreign entity of concern, or, upon receiving a waiver under section 117A to enter into a contract with such a country or entity, enters into such contract, without regard to the value of such gift or contract. (2) Foreign source ownership or control disclosures \nIn the case of an institution that is substantially controlled (as described in section 668.174(c)(3) of title 34, Code of Federal Regulations) (or successor regulations)) by a foreign source, the institution shall file a disclosure report in accordance with subsection (b)(2) with the Secretary on July 31 of each year. (3) Treatment of affiliated entities \nFor purposes of this section, any gift to, or contract with, an affiliated entity of an institution shall be considered a gift to or contract with, respectively, such institution. (b) Contents of report \n(1) Gifts and contracts \nEach report to the Secretary required under subsection (a)(1) shall contain the following: (A) With respect to a gift received from, or a contract entered into with, any foreign source— (i) the terms of such gift or contract, including— (I) the name of the individual, department, or benefactor at the institution receiving the gift or carrying out the contract; (II) the intended purpose of such gift or contract, as provided to the institution by such foreign source, or if no such purpose is provided by such foreign source, the intended use of such gift or contract, as provided by the institution; and (III) in the case of a restricted or conditional gift or contract, a description of the restrictions or conditions of such gift or contract; (ii) with respect to a gift— (I) the total fair market dollar amount or dollar value of the gift, as of the date of submission of such report; and (II) the date on which the institution received such gift; (iii) with respect to a contract— (I) the date on which such contract commences; (II) as applicable, the date on which such contract terminates; and (III) an assurance that the institution will— (aa) maintain an unredacted copy of the contract until the latest of— (AA) the date that is 4 years after the date on which the contract commences; (BB) the date on which the contract terminates; or (CC) the last day of any period that applicable State law requires a copy of such contract to be maintained; and (bb) upon request of the Secretary during an investigation under section 117D(a)(1), produce such an unredacted copy of the contract; and (iv) an assurance that in a case in which information is required to be disclosed under this section with respect to a gift or contract that is not in English, such information is translated into English in compliance with the requirements of subsection (c). (B) With respect to a gift received from, or a contract entered into with, a foreign source that is a foreign government (other than the government of a foreign country of concern)— (i) the name of such foreign government; (ii) the department, agency, office, or division of such foreign government that approved such gift or contract, as applicable; and (iii) the physical mailing address of such department, agency, office, or division. (C) With respect to a gift received from, or contract entered into with, a foreign source (other than a foreign government subject to the requirements of subparagraph (B))— (i) the legal name of the foreign source, or, if such name is not available, a statement certified by the compliance officer in accordance with subsection (f)(2) that the institution has reasonably attempted to obtain such name; (ii) in the case of a foreign source that is a natural person, the country of citizenship of such person, or, if such country is not known, the principal country of residence of such person; (iii) in the case of a foreign source that is a legal entity, the country in which such entity is incorporated, or if such information is not available, the principal place of business of such entity; and (iv) the physical mailing address of such foreign source, or if such address is not available, a statement certified by the compliance officer in accordance with subsection (f)(2) that the institution has reasonably attempted to obtain such address. (D) With respect to a contract entered into with a foreign source that is a foreign country of concern or a foreign entity of concern— (i) a complete and unredacted text of the original contract, and if such original contract is not in English, a translated copy of the text into English; (ii) a copy of the waiver received under section 117A for such contract; and (iii) the statement submitted by the institution for purposes of receiving such a waiver under section 117A(b)(1). (2) Foreign source ownership or control \nEach report to the Secretary required under subsection (a)(2) shall contain— (A) the legal name and address of the foreign source that owns or controls the institution; (B) the date on which the foreign source assumed ownership or control; and (C) any changes in program or structure resulting from the change in ownership or control. (c) Translation requirements \nAny information required to be disclosed under this section with respect to a gift or contract that is not in English shall be translated, for purposes of such disclosure, by a person that is not an affiliated entity or agent of the foreign source involved with such gift or contract. (d) Public inspection \n(1) Database requirement \nBeginning not later than 60 days before the July 31 immediately following the date of the enactment of the DETERRENT Act , the Secretary shall— (A) establish and maintain a searchable database on a website of the Department, under which all reports submitted under this section (including any report submitted under this section before the date of the enactment of the DETERRENT Act )— (i) are made publicly available (in electronic and downloadable format), including any information provided in such reports (other than the information prohibited from being publicly disclosed pursuant to paragraph (2)); (ii) can be individually identified and compared; and (iii) are searchable and sortable by— (I) the date the institution filed such report; (II) the date on which the institution received the gift, or entered into the contract, which is the subject of the report; (III) the attributable country of such gift or contract; and (IV) the name of the foreign source (other than a foreign source that is a natural person); (B) not later than 30 days after receipt of a disclosure report under this section, include such report in such database; (C) indicate, as part of the public record of a report included in such database, whether the report is with respect to a gift received from, or a contract entered into with— (i) a foreign source that is a foreign government; or (ii) a foreign source that is not a foreign government; and (D) with respect to a disclosure report that does not include the name or address of a foreign source, indicate, as part of the public record of such report included in such database, that such report did not include such information. (2) Name and address of foreign source \nThe Secretary shall not disclose the name or address of a foreign source that is a natural person (other than the attributable country of such foreign source) included in a disclosure report— (A) as part of the public record of such disclosure report described in paragraph (1); or (B) in response to a request under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), pursuant to subsection (b)(3) of such section. (e) Interagency information sharing \nNot later than 30 days after receiving a disclosure report from an institution in compliance with this section, the Secretary shall transmit an unredacted copy of such report (that includes the name and address of a foreign source disclosed in such report) to the Director of the Federal Bureau of Investigation, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of Energy, the Director of the National Science Foundation, and the Director of the National Institutes of Health. (f) Compliance officer \nAny institution that is required to file a disclosure report under subsection (a) shall designate, before the filing deadline for such report, and maintain a compliance officer, who shall— (1) be a current employee or legally authorized agent of such institution; and (2) be responsible, on behalf of the institution, for personally certifying accurate compliance with the foreign gift reporting requirement under this section. (g) Definitions \nIn this section: (1) Affiliated entity \nThe term affiliated entity , when used with respect to an institution, means an entity or organization that operates primarily for the benefit of, or under the auspices of, such institution, including a foundation of the institution or a related entity (such as any educational, cultural, or language entity). (2) Attributable country \nThe term attributable country means— (A) the country of citizenship of a foreign source who is a natural person, or, if such country is unknown, the principal residence (as applicable) of such foreign source; or (B) the country of incorporation of a foreign source that is a legal entity, or, if such country is unknown, the principal place of business (as applicable) of such foreign source. (3) Contract \nThe term contract — (A) means— (i) any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source; (ii) any affiliation, agreement, or similar transaction with a foreign source that involves the use or exchange of an institution’s name, likeness, time, services, or resources; and (iii) any agreement for the acquisition by purchase, lease, or barter, of property or services from a foreign source (other than an arms-length agreement for such acquisition from a foreign source that is not a foreign country of concern or a foreign entity of concern); and (B) does not include an agreement made between an institution and a foreign source regarding any payment of one or more elements of a student’s cost of attendance (as such term is defined in section 472), unless such an agreement is made for more than 15 students or is made under a restricted or conditional contract. (4) Foreign source \nThe term foreign source means— (A) a foreign government, including an agency of a foreign government; (B) a legal entity, governmental or otherwise, created under the laws of a foreign state or states; (C) a natural person who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and (D) a legal entity, governmental or otherwise, substantially controlled (as described in section 668.174(c)(3) of title 34, Code of Federal Regulations) (or successor regulations)) by a government, entity, or person described in subparagraph (A), (B), or (C); (E) an agent of a government, entity, or person described in subparagraph (A), (B), or (C), including— (i) a subsidiary or affiliate of a foreign legal entity, acting on behalf of such government, entity, or person; (ii) a person that operates primarily for the benefit of, or under the auspices of, such government, entity, or person, including a foundation or a related entity (such as any educational, cultural, or language entity); and (iii) a person who is an agent of a foreign principal (as such term is defined in section 1 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 ). (5) Gift \nThe term gift — (A) means any gift of money, property, resources, staff, or services; and (B) does not include— (i) any payment of one or more elements of a student’s cost of attendance (as such term is defined in section 472) to an institution by, or scholarship from, a foreign source who is a natural person, acting in their individual capacity and not as an agent for, at the request or direction of, or on behalf of, any person or entity (except the student), made for not more than 15 students, and that is not made under a restricted or conditional contract with such foreign source; or (ii) assignment or license of registered industrial and intellectual property rights, such as patents, utility models, trademarks, or copyrights, or technical assistance, that are not identified as being associated with a national security risk or concern by the Federal Research Security Council; or (iii) decorations (as such term is defined in section 7342(a) of title 5, United States Code). (6) Restricted or conditional gift or contract \nThe term restricted or conditional gift or contract means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding— (A) the employment, assignment, or termination of faculty; (B) the establishment of departments, centers, institutes, instructional programs, research or lecture programs, or new faculty positions; (C) the selection, admission, or education of students; (D) the award of grants, loans, scholarships, fellowships, or other forms of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion; or (E) any other restriction on the use of a gift or contract..", "id": "HCBB755CAB79D4746B211EC08D29DBAC6", "header": "In general", "nested": [], "links": [ { "text": "20 U.S.C. 1011f", "legal-doc": "usc", "parsable-cite": "usc/20/1011f" }, { "text": "22 U.S.C. 611", "legal-doc": "usc", "parsable-cite": "usc/22/611" } ] }, { "text": "(b) Prohibition on contracts with certain foreign entities and countries \nPart B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. ) is amended by inserting after section 117 the following: 117A. Prohibition on contracts with certain foreign entities and countries \n(a) In general \nAn institution shall not enter into a contract with a foreign country of concern or a foreign entity of concern. (b) Waivers \n(1) Submission \n(A) First waiver requests \n(i) In general \nAn institution that desires to enter into a contract with a foreign entity of concern or a foreign country of concern may submit to the Secretary, not later than 120 days before the institution enters into such a contract, a request to waive the prohibition under subsection (a) with respect to such contract. (ii) Contents of waiver request \nA waiver request submitted by an institution under clause (i) shall include— (I) the complete and unredacted text of the proposed contract for which the waiver is being requested, and if such original contract is not in English, a translated copy of the text into English (in a manner that complies with section 117(c)); and (II) a statement that— (aa) is signed by the point of contact of the institution described in section 117(f); and (bb) includes information that demonstrates that such contract is for the benefit of the institution’s mission and students and will promote the security, stability, and economic vitality of the United States. (B) Renewal waiver requests \n(i) In general \nAn institution that has entered into a contract pursuant to a waiver issued under this section, the term of which is longer than the 1-year waiver period and the terms and conditions of which remain the same as the proposed contract submitted as part of the request for such waiver may submit, not later than 120 days before the expiration of such waiver period, a request for a renewal of such waiver for an additional 1-year period (which shall include any information requested by the Secretary). (ii) Termination \nIf the institution fails to submit a request under clause (i) or is not granted a renewal under such clause, such institution shall terminate such contract on the last day of the original 1-year waiver period. (2) Waiver issuance \nThe Secretary— (A) not later than 60 days before an institution enters into a contract pursuant to a waiver request under paragraph (1)(A), or before a contract described in paragraph (1)(B)(i) is renewed pursuant to a renewal request under such paragraph, shall notify the institution— (i) if the waiver or renewal will be issued by the Secretary; and (ii) in a case in which the waiver or renewal will be issued, the date on which the 1-year waiver period starts; and (B) may only issue a waiver under this section to an institution if the Secretary determines, in consultation with the heads of each agency and department listed in section 117(e), that the contract for which the waiver is being requested is for the benefit of the institution’s mission and students and will promote the security, stability, and economic vitality of the United States. (3) Disclosure \nNot less than 2 weeks prior to issuing a waiver under paragraph (2), the Secretary shall notify the— (A) the Committee on Education and the Workforce of the House of Representatives; and (B) the Committee on Health, Education, Labor, and Pensions of the Senate, of the intent to issue the waiver, including a justification for the waiver. (4) Application of waivers \nA waiver issued under this section to an institution with respect to a contract shall only— (A) waive the prohibition under subsection (a) for a 1-year period; and (B) apply to the terms and conditions of the proposed contract submitted as part of the request for such waiver. (c) Designation during contract term \nIn the case of an institution that enters into a contract with a foreign source that is not a foreign country of concern or a foreign entity of concern but which, during the term of such contract, is designated as a foreign country of concern or foreign entity of concern, such institution shall terminate such contract not later than 60 days after the Secretary notifies the institution of such designation. (d) Contracts prior to date of enactment \n(1) In general \nIn the case of an institution that has entered into a contract with a foreign country of concern or foreign entity of concern prior to the date of enactment of the DETERRENT Act — (A) the institution shall immediately submit to the Secretary a waiver request in accordance with subsection (b)(1)(A)(ii); and (B) the Secretary shall, upon receipt of the request submitted under subparagraph (A), immediately issue a waiver to the institution for a period beginning on the date on which the waiver is issued and ending on the earlier of— (i) the date that is 1 year after the date of enactment of the DETERRENT Act ; or (ii) the date on which the contract terminates. (2) Renewal \nAn institution that has entered into a contract described in paragraph (1), the term of which is longer than the waiver period described in subparagraph (B) of such paragraph and the terms and conditions of which remain the same as the contract submitted as part of the request required under subparagraph (A) of such paragraph, may submit a request for renewal of the waiver issued under such paragraph in accordance with subsection (b)(1)(B). (e) Contract defined \nThe term contract has the meaning given such term in section 117(g)..", "id": "HF9EE4A604EC04BAC8A131DF9D6420715", "header": "Prohibition on contracts with certain foreign entities and countries", "nested": [], "links": [ { "text": "20 U.S.C. 1011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1011" } ] }, { "text": "(c) Interagency information sharing \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Education shall transmit to the heads of each agency and department listed in section 117(e) of the Higher Education Act of 1965, as amended by this Act— (1) any report received by the Department of Education under section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) prior to the date of the enactment of this Act; and (2) any report, document, or other record generated by the Department of Education in the course of an investigation— (A) of an institution with respect to the compliance of such institution with such section; and (B) initiated prior to the date of the enactment of this Act.", "id": "H401D5AD37F58426A90664AD22E947C61", "header": "Interagency information sharing", "nested": [], "links": [ { "text": "20 U.S.C. 1011f", "legal-doc": "usc", "parsable-cite": "usc/20/1011f" } ] } ], "links": [ { "text": "20 U.S.C. 1011f", "legal-doc": "usc", "parsable-cite": "usc/20/1011f" }, { "text": "22 U.S.C. 611", "legal-doc": "usc", "parsable-cite": "usc/22/611" }, { "text": "20 U.S.C. 1011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1011" }, { "text": "20 U.S.C. 1011f", "legal-doc": "usc", "parsable-cite": "usc/20/1011f" } ] }, { "text": "117. Disclosures of foreign gifts \n(a) Disclosure reports \n(1) Aggregate gifts and contract disclosures \nAn institution shall file a disclosure report in accordance with subsection (b)(1) with the Secretary on July 31 of the calendar year immediately following any calendar year in which— (A) the institution receives a gift from, or enters into a contract with, a foreign source (other than a foreign country of concern or foreign entity of concern)— (i) the value of which is $50,000 or more, considered alone or in combination with all other gifts from, or contracts with, that foreign source within the calendar year; or (ii) the value of which is undetermined; or (B) the institution receives a gift from a foreign country of concern or foreign entity of concern, or, upon receiving a waiver under section 117A to enter into a contract with such a country or entity, enters into such contract, without regard to the value of such gift or contract. (2) Foreign source ownership or control disclosures \nIn the case of an institution that is substantially controlled (as described in section 668.174(c)(3) of title 34, Code of Federal Regulations) (or successor regulations)) by a foreign source, the institution shall file a disclosure report in accordance with subsection (b)(2) with the Secretary on July 31 of each year. (3) Treatment of affiliated entities \nFor purposes of this section, any gift to, or contract with, an affiliated entity of an institution shall be considered a gift to or contract with, respectively, such institution. (b) Contents of report \n(1) Gifts and contracts \nEach report to the Secretary required under subsection (a)(1) shall contain the following: (A) With respect to a gift received from, or a contract entered into with, any foreign source— (i) the terms of such gift or contract, including— (I) the name of the individual, department, or benefactor at the institution receiving the gift or carrying out the contract; (II) the intended purpose of such gift or contract, as provided to the institution by such foreign source, or if no such purpose is provided by such foreign source, the intended use of such gift or contract, as provided by the institution; and (III) in the case of a restricted or conditional gift or contract, a description of the restrictions or conditions of such gift or contract; (ii) with respect to a gift— (I) the total fair market dollar amount or dollar value of the gift, as of the date of submission of such report; and (II) the date on which the institution received such gift; (iii) with respect to a contract— (I) the date on which such contract commences; (II) as applicable, the date on which such contract terminates; and (III) an assurance that the institution will— (aa) maintain an unredacted copy of the contract until the latest of— (AA) the date that is 4 years after the date on which the contract commences; (BB) the date on which the contract terminates; or (CC) the last day of any period that applicable State law requires a copy of such contract to be maintained; and (bb) upon request of the Secretary during an investigation under section 117D(a)(1), produce such an unredacted copy of the contract; and (iv) an assurance that in a case in which information is required to be disclosed under this section with respect to a gift or contract that is not in English, such information is translated into English in compliance with the requirements of subsection (c). (B) With respect to a gift received from, or a contract entered into with, a foreign source that is a foreign government (other than the government of a foreign country of concern)— (i) the name of such foreign government; (ii) the department, agency, office, or division of such foreign government that approved such gift or contract, as applicable; and (iii) the physical mailing address of such department, agency, office, or division. (C) With respect to a gift received from, or contract entered into with, a foreign source (other than a foreign government subject to the requirements of subparagraph (B))— (i) the legal name of the foreign source, or, if such name is not available, a statement certified by the compliance officer in accordance with subsection (f)(2) that the institution has reasonably attempted to obtain such name; (ii) in the case of a foreign source that is a natural person, the country of citizenship of such person, or, if such country is not known, the principal country of residence of such person; (iii) in the case of a foreign source that is a legal entity, the country in which such entity is incorporated, or if such information is not available, the principal place of business of such entity; and (iv) the physical mailing address of such foreign source, or if such address is not available, a statement certified by the compliance officer in accordance with subsection (f)(2) that the institution has reasonably attempted to obtain such address. (D) With respect to a contract entered into with a foreign source that is a foreign country of concern or a foreign entity of concern— (i) a complete and unredacted text of the original contract, and if such original contract is not in English, a translated copy of the text into English; (ii) a copy of the waiver received under section 117A for such contract; and (iii) the statement submitted by the institution for purposes of receiving such a waiver under section 117A(b)(1). (2) Foreign source ownership or control \nEach report to the Secretary required under subsection (a)(2) shall contain— (A) the legal name and address of the foreign source that owns or controls the institution; (B) the date on which the foreign source assumed ownership or control; and (C) any changes in program or structure resulting from the change in ownership or control. (c) Translation requirements \nAny information required to be disclosed under this section with respect to a gift or contract that is not in English shall be translated, for purposes of such disclosure, by a person that is not an affiliated entity or agent of the foreign source involved with such gift or contract. (d) Public inspection \n(1) Database requirement \nBeginning not later than 60 days before the July 31 immediately following the date of the enactment of the DETERRENT Act , the Secretary shall— (A) establish and maintain a searchable database on a website of the Department, under which all reports submitted under this section (including any report submitted under this section before the date of the enactment of the DETERRENT Act )— (i) are made publicly available (in electronic and downloadable format), including any information provided in such reports (other than the information prohibited from being publicly disclosed pursuant to paragraph (2)); (ii) can be individually identified and compared; and (iii) are searchable and sortable by— (I) the date the institution filed such report; (II) the date on which the institution received the gift, or entered into the contract, which is the subject of the report; (III) the attributable country of such gift or contract; and (IV) the name of the foreign source (other than a foreign source that is a natural person); (B) not later than 30 days after receipt of a disclosure report under this section, include such report in such database; (C) indicate, as part of the public record of a report included in such database, whether the report is with respect to a gift received from, or a contract entered into with— (i) a foreign source that is a foreign government; or (ii) a foreign source that is not a foreign government; and (D) with respect to a disclosure report that does not include the name or address of a foreign source, indicate, as part of the public record of such report included in such database, that such report did not include such information. (2) Name and address of foreign source \nThe Secretary shall not disclose the name or address of a foreign source that is a natural person (other than the attributable country of such foreign source) included in a disclosure report— (A) as part of the public record of such disclosure report described in paragraph (1); or (B) in response to a request under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), pursuant to subsection (b)(3) of such section. (e) Interagency information sharing \nNot later than 30 days after receiving a disclosure report from an institution in compliance with this section, the Secretary shall transmit an unredacted copy of such report (that includes the name and address of a foreign source disclosed in such report) to the Director of the Federal Bureau of Investigation, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of Energy, the Director of the National Science Foundation, and the Director of the National Institutes of Health. (f) Compliance officer \nAny institution that is required to file a disclosure report under subsection (a) shall designate, before the filing deadline for such report, and maintain a compliance officer, who shall— (1) be a current employee or legally authorized agent of such institution; and (2) be responsible, on behalf of the institution, for personally certifying accurate compliance with the foreign gift reporting requirement under this section. (g) Definitions \nIn this section: (1) Affiliated entity \nThe term affiliated entity , when used with respect to an institution, means an entity or organization that operates primarily for the benefit of, or under the auspices of, such institution, including a foundation of the institution or a related entity (such as any educational, cultural, or language entity). (2) Attributable country \nThe term attributable country means— (A) the country of citizenship of a foreign source who is a natural person, or, if such country is unknown, the principal residence (as applicable) of such foreign source; or (B) the country of incorporation of a foreign source that is a legal entity, or, if such country is unknown, the principal place of business (as applicable) of such foreign source. (3) Contract \nThe term contract — (A) means— (i) any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source; (ii) any affiliation, agreement, or similar transaction with a foreign source that involves the use or exchange of an institution’s name, likeness, time, services, or resources; and (iii) any agreement for the acquisition by purchase, lease, or barter, of property or services from a foreign source (other than an arms-length agreement for such acquisition from a foreign source that is not a foreign country of concern or a foreign entity of concern); and (B) does not include an agreement made between an institution and a foreign source regarding any payment of one or more elements of a student’s cost of attendance (as such term is defined in section 472), unless such an agreement is made for more than 15 students or is made under a restricted or conditional contract. (4) Foreign source \nThe term foreign source means— (A) a foreign government, including an agency of a foreign government; (B) a legal entity, governmental or otherwise, created under the laws of a foreign state or states; (C) a natural person who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and (D) a legal entity, governmental or otherwise, substantially controlled (as described in section 668.174(c)(3) of title 34, Code of Federal Regulations) (or successor regulations)) by a government, entity, or person described in subparagraph (A), (B), or (C); (E) an agent of a government, entity, or person described in subparagraph (A), (B), or (C), including— (i) a subsidiary or affiliate of a foreign legal entity, acting on behalf of such government, entity, or person; (ii) a person that operates primarily for the benefit of, or under the auspices of, such government, entity, or person, including a foundation or a related entity (such as any educational, cultural, or language entity); and (iii) a person who is an agent of a foreign principal (as such term is defined in section 1 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 ). (5) Gift \nThe term gift — (A) means any gift of money, property, resources, staff, or services; and (B) does not include— (i) any payment of one or more elements of a student’s cost of attendance (as such term is defined in section 472) to an institution by, or scholarship from, a foreign source who is a natural person, acting in their individual capacity and not as an agent for, at the request or direction of, or on behalf of, any person or entity (except the student), made for not more than 15 students, and that is not made under a restricted or conditional contract with such foreign source; or (ii) assignment or license of registered industrial and intellectual property rights, such as patents, utility models, trademarks, or copyrights, or technical assistance, that are not identified as being associated with a national security risk or concern by the Federal Research Security Council; or (iii) decorations (as such term is defined in section 7342(a) of title 5, United States Code). (6) Restricted or conditional gift or contract \nThe term restricted or conditional gift or contract means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding— (A) the employment, assignment, or termination of faculty; (B) the establishment of departments, centers, institutes, instructional programs, research or lecture programs, or new faculty positions; (C) the selection, admission, or education of students; (D) the award of grants, loans, scholarships, fellowships, or other forms of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion; or (E) any other restriction on the use of a gift or contract.", "id": "HC64127C570294181A9B0DBAD1FD8450C", "header": "Disclosures of foreign gifts", "nested": [ { "text": "(a) Disclosure reports \n(1) Aggregate gifts and contract disclosures \nAn institution shall file a disclosure report in accordance with subsection (b)(1) with the Secretary on July 31 of the calendar year immediately following any calendar year in which— (A) the institution receives a gift from, or enters into a contract with, a foreign source (other than a foreign country of concern or foreign entity of concern)— (i) the value of which is $50,000 or more, considered alone or in combination with all other gifts from, or contracts with, that foreign source within the calendar year; or (ii) the value of which is undetermined; or (B) the institution receives a gift from a foreign country of concern or foreign entity of concern, or, upon receiving a waiver under section 117A to enter into a contract with such a country or entity, enters into such contract, without regard to the value of such gift or contract. (2) Foreign source ownership or control disclosures \nIn the case of an institution that is substantially controlled (as described in section 668.174(c)(3) of title 34, Code of Federal Regulations) (or successor regulations)) by a foreign source, the institution shall file a disclosure report in accordance with subsection (b)(2) with the Secretary on July 31 of each year. (3) Treatment of affiliated entities \nFor purposes of this section, any gift to, or contract with, an affiliated entity of an institution shall be considered a gift to or contract with, respectively, such institution.", "id": "HA995426793EC4505B0709B5A9E2EE79C", "header": "Disclosure reports", "nested": [], "links": [] }, { "text": "(b) Contents of report \n(1) Gifts and contracts \nEach report to the Secretary required under subsection (a)(1) shall contain the following: (A) With respect to a gift received from, or a contract entered into with, any foreign source— (i) the terms of such gift or contract, including— (I) the name of the individual, department, or benefactor at the institution receiving the gift or carrying out the contract; (II) the intended purpose of such gift or contract, as provided to the institution by such foreign source, or if no such purpose is provided by such foreign source, the intended use of such gift or contract, as provided by the institution; and (III) in the case of a restricted or conditional gift or contract, a description of the restrictions or conditions of such gift or contract; (ii) with respect to a gift— (I) the total fair market dollar amount or dollar value of the gift, as of the date of submission of such report; and (II) the date on which the institution received such gift; (iii) with respect to a contract— (I) the date on which such contract commences; (II) as applicable, the date on which such contract terminates; and (III) an assurance that the institution will— (aa) maintain an unredacted copy of the contract until the latest of— (AA) the date that is 4 years after the date on which the contract commences; (BB) the date on which the contract terminates; or (CC) the last day of any period that applicable State law requires a copy of such contract to be maintained; and (bb) upon request of the Secretary during an investigation under section 117D(a)(1), produce such an unredacted copy of the contract; and (iv) an assurance that in a case in which information is required to be disclosed under this section with respect to a gift or contract that is not in English, such information is translated into English in compliance with the requirements of subsection (c). (B) With respect to a gift received from, or a contract entered into with, a foreign source that is a foreign government (other than the government of a foreign country of concern)— (i) the name of such foreign government; (ii) the department, agency, office, or division of such foreign government that approved such gift or contract, as applicable; and (iii) the physical mailing address of such department, agency, office, or division. (C) With respect to a gift received from, or contract entered into with, a foreign source (other than a foreign government subject to the requirements of subparagraph (B))— (i) the legal name of the foreign source, or, if such name is not available, a statement certified by the compliance officer in accordance with subsection (f)(2) that the institution has reasonably attempted to obtain such name; (ii) in the case of a foreign source that is a natural person, the country of citizenship of such person, or, if such country is not known, the principal country of residence of such person; (iii) in the case of a foreign source that is a legal entity, the country in which such entity is incorporated, or if such information is not available, the principal place of business of such entity; and (iv) the physical mailing address of such foreign source, or if such address is not available, a statement certified by the compliance officer in accordance with subsection (f)(2) that the institution has reasonably attempted to obtain such address. (D) With respect to a contract entered into with a foreign source that is a foreign country of concern or a foreign entity of concern— (i) a complete and unredacted text of the original contract, and if such original contract is not in English, a translated copy of the text into English; (ii) a copy of the waiver received under section 117A for such contract; and (iii) the statement submitted by the institution for purposes of receiving such a waiver under section 117A(b)(1). (2) Foreign source ownership or control \nEach report to the Secretary required under subsection (a)(2) shall contain— (A) the legal name and address of the foreign source that owns or controls the institution; (B) the date on which the foreign source assumed ownership or control; and (C) any changes in program or structure resulting from the change in ownership or control.", "id": "H34C209C693DF47DFB9E31C55A9076B11", "header": "Contents of report", "nested": [], "links": [] }, { "text": "(c) Translation requirements \nAny information required to be disclosed under this section with respect to a gift or contract that is not in English shall be translated, for purposes of such disclosure, by a person that is not an affiliated entity or agent of the foreign source involved with such gift or contract.", "id": "H9CADEDD46FED477EA4335064C163C8F8", "header": "Translation requirements", "nested": [], "links": [] }, { "text": "(d) Public inspection \n(1) Database requirement \nBeginning not later than 60 days before the July 31 immediately following the date of the enactment of the DETERRENT Act , the Secretary shall— (A) establish and maintain a searchable database on a website of the Department, under which all reports submitted under this section (including any report submitted under this section before the date of the enactment of the DETERRENT Act )— (i) are made publicly available (in electronic and downloadable format), including any information provided in such reports (other than the information prohibited from being publicly disclosed pursuant to paragraph (2)); (ii) can be individually identified and compared; and (iii) are searchable and sortable by— (I) the date the institution filed such report; (II) the date on which the institution received the gift, or entered into the contract, which is the subject of the report; (III) the attributable country of such gift or contract; and (IV) the name of the foreign source (other than a foreign source that is a natural person); (B) not later than 30 days after receipt of a disclosure report under this section, include such report in such database; (C) indicate, as part of the public record of a report included in such database, whether the report is with respect to a gift received from, or a contract entered into with— (i) a foreign source that is a foreign government; or (ii) a foreign source that is not a foreign government; and (D) with respect to a disclosure report that does not include the name or address of a foreign source, indicate, as part of the public record of such report included in such database, that such report did not include such information. (2) Name and address of foreign source \nThe Secretary shall not disclose the name or address of a foreign source that is a natural person (other than the attributable country of such foreign source) included in a disclosure report— (A) as part of the public record of such disclosure report described in paragraph (1); or (B) in response to a request under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), pursuant to subsection (b)(3) of such section.", "id": "HCF89EE6BF2504001B1A14128CDBAB763", "header": "Public inspection", "nested": [], "links": [] }, { "text": "(e) Interagency information sharing \nNot later than 30 days after receiving a disclosure report from an institution in compliance with this section, the Secretary shall transmit an unredacted copy of such report (that includes the name and address of a foreign source disclosed in such report) to the Director of the Federal Bureau of Investigation, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of Energy, the Director of the National Science Foundation, and the Director of the National Institutes of Health.", "id": "H508B94C42C8C4CF3B3755B0694D5B73B", "header": "Interagency information sharing", "nested": [], "links": [] }, { "text": "(f) Compliance officer \nAny institution that is required to file a disclosure report under subsection (a) shall designate, before the filing deadline for such report, and maintain a compliance officer, who shall— (1) be a current employee or legally authorized agent of such institution; and (2) be responsible, on behalf of the institution, for personally certifying accurate compliance with the foreign gift reporting requirement under this section.", "id": "H965C76ECAF9445459CEE259817718720", "header": "Compliance officer", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section: (1) Affiliated entity \nThe term affiliated entity , when used with respect to an institution, means an entity or organization that operates primarily for the benefit of, or under the auspices of, such institution, including a foundation of the institution or a related entity (such as any educational, cultural, or language entity). (2) Attributable country \nThe term attributable country means— (A) the country of citizenship of a foreign source who is a natural person, or, if such country is unknown, the principal residence (as applicable) of such foreign source; or (B) the country of incorporation of a foreign source that is a legal entity, or, if such country is unknown, the principal place of business (as applicable) of such foreign source. (3) Contract \nThe term contract — (A) means— (i) any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source; (ii) any affiliation, agreement, or similar transaction with a foreign source that involves the use or exchange of an institution’s name, likeness, time, services, or resources; and (iii) any agreement for the acquisition by purchase, lease, or barter, of property or services from a foreign source (other than an arms-length agreement for such acquisition from a foreign source that is not a foreign country of concern or a foreign entity of concern); and (B) does not include an agreement made between an institution and a foreign source regarding any payment of one or more elements of a student’s cost of attendance (as such term is defined in section 472), unless such an agreement is made for more than 15 students or is made under a restricted or conditional contract. (4) Foreign source \nThe term foreign source means— (A) a foreign government, including an agency of a foreign government; (B) a legal entity, governmental or otherwise, created under the laws of a foreign state or states; (C) a natural person who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and (D) a legal entity, governmental or otherwise, substantially controlled (as described in section 668.174(c)(3) of title 34, Code of Federal Regulations) (or successor regulations)) by a government, entity, or person described in subparagraph (A), (B), or (C); (E) an agent of a government, entity, or person described in subparagraph (A), (B), or (C), including— (i) a subsidiary or affiliate of a foreign legal entity, acting on behalf of such government, entity, or person; (ii) a person that operates primarily for the benefit of, or under the auspices of, such government, entity, or person, including a foundation or a related entity (such as any educational, cultural, or language entity); and (iii) a person who is an agent of a foreign principal (as such term is defined in section 1 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 ). (5) Gift \nThe term gift — (A) means any gift of money, property, resources, staff, or services; and (B) does not include— (i) any payment of one or more elements of a student’s cost of attendance (as such term is defined in section 472) to an institution by, or scholarship from, a foreign source who is a natural person, acting in their individual capacity and not as an agent for, at the request or direction of, or on behalf of, any person or entity (except the student), made for not more than 15 students, and that is not made under a restricted or conditional contract with such foreign source; or (ii) assignment or license of registered industrial and intellectual property rights, such as patents, utility models, trademarks, or copyrights, or technical assistance, that are not identified as being associated with a national security risk or concern by the Federal Research Security Council; or (iii) decorations (as such term is defined in section 7342(a) of title 5, United States Code). (6) Restricted or conditional gift or contract \nThe term restricted or conditional gift or contract means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding— (A) the employment, assignment, or termination of faculty; (B) the establishment of departments, centers, institutes, instructional programs, research or lecture programs, or new faculty positions; (C) the selection, admission, or education of students; (D) the award of grants, loans, scholarships, fellowships, or other forms of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion; or (E) any other restriction on the use of a gift or contract.", "id": "H7F2701904BAC4371A62A70F94DF12F45", "header": "Definitions", "nested": [], "links": [ { "text": "22 U.S.C. 611", "legal-doc": "usc", "parsable-cite": "usc/22/611" } ] } ], "links": [ { "text": "22 U.S.C. 611", "legal-doc": "usc", "parsable-cite": "usc/22/611" } ] }, { "text": "117A. Prohibition on contracts with certain foreign entities and countries \n(a) In general \nAn institution shall not enter into a contract with a foreign country of concern or a foreign entity of concern. (b) Waivers \n(1) Submission \n(A) First waiver requests \n(i) In general \nAn institution that desires to enter into a contract with a foreign entity of concern or a foreign country of concern may submit to the Secretary, not later than 120 days before the institution enters into such a contract, a request to waive the prohibition under subsection (a) with respect to such contract. (ii) Contents of waiver request \nA waiver request submitted by an institution under clause (i) shall include— (I) the complete and unredacted text of the proposed contract for which the waiver is being requested, and if such original contract is not in English, a translated copy of the text into English (in a manner that complies with section 117(c)); and (II) a statement that— (aa) is signed by the point of contact of the institution described in section 117(f); and (bb) includes information that demonstrates that such contract is for the benefit of the institution’s mission and students and will promote the security, stability, and economic vitality of the United States. (B) Renewal waiver requests \n(i) In general \nAn institution that has entered into a contract pursuant to a waiver issued under this section, the term of which is longer than the 1-year waiver period and the terms and conditions of which remain the same as the proposed contract submitted as part of the request for such waiver may submit, not later than 120 days before the expiration of such waiver period, a request for a renewal of such waiver for an additional 1-year period (which shall include any information requested by the Secretary). (ii) Termination \nIf the institution fails to submit a request under clause (i) or is not granted a renewal under such clause, such institution shall terminate such contract on the last day of the original 1-year waiver period. (2) Waiver issuance \nThe Secretary— (A) not later than 60 days before an institution enters into a contract pursuant to a waiver request under paragraph (1)(A), or before a contract described in paragraph (1)(B)(i) is renewed pursuant to a renewal request under such paragraph, shall notify the institution— (i) if the waiver or renewal will be issued by the Secretary; and (ii) in a case in which the waiver or renewal will be issued, the date on which the 1-year waiver period starts; and (B) may only issue a waiver under this section to an institution if the Secretary determines, in consultation with the heads of each agency and department listed in section 117(e), that the contract for which the waiver is being requested is for the benefit of the institution’s mission and students and will promote the security, stability, and economic vitality of the United States. (3) Disclosure \nNot less than 2 weeks prior to issuing a waiver under paragraph (2), the Secretary shall notify the— (A) the Committee on Education and the Workforce of the House of Representatives; and (B) the Committee on Health, Education, Labor, and Pensions of the Senate, of the intent to issue the waiver, including a justification for the waiver. (4) Application of waivers \nA waiver issued under this section to an institution with respect to a contract shall only— (A) waive the prohibition under subsection (a) for a 1-year period; and (B) apply to the terms and conditions of the proposed contract submitted as part of the request for such waiver. (c) Designation during contract term \nIn the case of an institution that enters into a contract with a foreign source that is not a foreign country of concern or a foreign entity of concern but which, during the term of such contract, is designated as a foreign country of concern or foreign entity of concern, such institution shall terminate such contract not later than 60 days after the Secretary notifies the institution of such designation. (d) Contracts prior to date of enactment \n(1) In general \nIn the case of an institution that has entered into a contract with a foreign country of concern or foreign entity of concern prior to the date of enactment of the DETERRENT Act — (A) the institution shall immediately submit to the Secretary a waiver request in accordance with subsection (b)(1)(A)(ii); and (B) the Secretary shall, upon receipt of the request submitted under subparagraph (A), immediately issue a waiver to the institution for a period beginning on the date on which the waiver is issued and ending on the earlier of— (i) the date that is 1 year after the date of enactment of the DETERRENT Act ; or (ii) the date on which the contract terminates. (2) Renewal \nAn institution that has entered into a contract described in paragraph (1), the term of which is longer than the waiver period described in subparagraph (B) of such paragraph and the terms and conditions of which remain the same as the contract submitted as part of the request required under subparagraph (A) of such paragraph, may submit a request for renewal of the waiver issued under such paragraph in accordance with subsection (b)(1)(B). (e) Contract defined \nThe term contract has the meaning given such term in section 117(g).", "id": "H81B7327DB913445B84AB2D0D67E9625F", "header": "Prohibition on contracts with certain foreign entities and countries", "nested": [ { "text": "(a) In general \nAn institution shall not enter into a contract with a foreign country of concern or a foreign entity of concern.", "id": "H264ED4D5221F4A45A60E8506D7BC6AE8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Waivers \n(1) Submission \n(A) First waiver requests \n(i) In general \nAn institution that desires to enter into a contract with a foreign entity of concern or a foreign country of concern may submit to the Secretary, not later than 120 days before the institution enters into such a contract, a request to waive the prohibition under subsection (a) with respect to such contract. (ii) Contents of waiver request \nA waiver request submitted by an institution under clause (i) shall include— (I) the complete and unredacted text of the proposed contract for which the waiver is being requested, and if such original contract is not in English, a translated copy of the text into English (in a manner that complies with section 117(c)); and (II) a statement that— (aa) is signed by the point of contact of the institution described in section 117(f); and (bb) includes information that demonstrates that such contract is for the benefit of the institution’s mission and students and will promote the security, stability, and economic vitality of the United States. (B) Renewal waiver requests \n(i) In general \nAn institution that has entered into a contract pursuant to a waiver issued under this section, the term of which is longer than the 1-year waiver period and the terms and conditions of which remain the same as the proposed contract submitted as part of the request for such waiver may submit, not later than 120 days before the expiration of such waiver period, a request for a renewal of such waiver for an additional 1-year period (which shall include any information requested by the Secretary). (ii) Termination \nIf the institution fails to submit a request under clause (i) or is not granted a renewal under such clause, such institution shall terminate such contract on the last day of the original 1-year waiver period. (2) Waiver issuance \nThe Secretary— (A) not later than 60 days before an institution enters into a contract pursuant to a waiver request under paragraph (1)(A), or before a contract described in paragraph (1)(B)(i) is renewed pursuant to a renewal request under such paragraph, shall notify the institution— (i) if the waiver or renewal will be issued by the Secretary; and (ii) in a case in which the waiver or renewal will be issued, the date on which the 1-year waiver period starts; and (B) may only issue a waiver under this section to an institution if the Secretary determines, in consultation with the heads of each agency and department listed in section 117(e), that the contract for which the waiver is being requested is for the benefit of the institution’s mission and students and will promote the security, stability, and economic vitality of the United States. (3) Disclosure \nNot less than 2 weeks prior to issuing a waiver under paragraph (2), the Secretary shall notify the— (A) the Committee on Education and the Workforce of the House of Representatives; and (B) the Committee on Health, Education, Labor, and Pensions of the Senate, of the intent to issue the waiver, including a justification for the waiver. (4) Application of waivers \nA waiver issued under this section to an institution with respect to a contract shall only— (A) waive the prohibition under subsection (a) for a 1-year period; and (B) apply to the terms and conditions of the proposed contract submitted as part of the request for such waiver.", "id": "HD52374E3909B4A5B893E42C244D9AECB", "header": "Waivers", "nested": [], "links": [] }, { "text": "(c) Designation during contract term \nIn the case of an institution that enters into a contract with a foreign source that is not a foreign country of concern or a foreign entity of concern but which, during the term of such contract, is designated as a foreign country of concern or foreign entity of concern, such institution shall terminate such contract not later than 60 days after the Secretary notifies the institution of such designation.", "id": "HB5939B4E3EEA419B8E7D46CBFAD5F5E7", "header": "Designation during contract term", "nested": [], "links": [] }, { "text": "(d) Contracts prior to date of enactment \n(1) In general \nIn the case of an institution that has entered into a contract with a foreign country of concern or foreign entity of concern prior to the date of enactment of the DETERRENT Act — (A) the institution shall immediately submit to the Secretary a waiver request in accordance with subsection (b)(1)(A)(ii); and (B) the Secretary shall, upon receipt of the request submitted under subparagraph (A), immediately issue a waiver to the institution for a period beginning on the date on which the waiver is issued and ending on the earlier of— (i) the date that is 1 year after the date of enactment of the DETERRENT Act ; or (ii) the date on which the contract terminates. (2) Renewal \nAn institution that has entered into a contract described in paragraph (1), the term of which is longer than the waiver period described in subparagraph (B) of such paragraph and the terms and conditions of which remain the same as the contract submitted as part of the request required under subparagraph (A) of such paragraph, may submit a request for renewal of the waiver issued under such paragraph in accordance with subsection (b)(1)(B).", "id": "H05F92BE1A7FD472BB6B0319BC2F1ACA5", "header": "Contracts prior to date of enactment", "nested": [], "links": [] }, { "text": "(e) Contract defined \nThe term contract has the meaning given such term in section 117(g).", "id": "HC35500AEBC1647F488B48BEFBFB2C5C8", "header": "Contract defined", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Policy regarding conflicts of interest from foreign gifts and contracts \nThe Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), as amended by section 2 of this Act, is further amended by inserting after section 117A the following: 117B. Institutional policy regarding foreign gifts and contracts to faculty and staff \n(a) Requirement To maintain policy and database \nBeginning not later than 90 days after the date of the enactment of the DETERRENT Act , each institution described in subsection (b) shall maintain— (1) a policy requiring covered individuals employed at the institution to disclose in a report to such institution on July 31 of each calendar year that begins after the year in which such enactment date occurs— (A) any gift received from a foreign source in the previous calendar year, the value of which is greater than the minimal value (as such term is defined in section 7342(a) of title 5, United States Code) or is of undetermined value, and including the date on which the gift was received; (B) any contract entered into with a foreign source in the previous calendar year, the value of which is $5,000 or more, considered alone or in combination with all other contracts with that foreign source within the calendar year, and including the date on which such contract commences and, as applicable, the date on which such contract terminates; (C) any contract with a foreign source in force during the previous calendar year that has an undetermined monetary value, and including the date on which such contract commences and, as applicable, the date on which such contract terminates; and (D) any contract entered into with a foreign country of concern or foreign entity of concern in the previous calendar year, the value of which is $0 or more, and including the beginning and ending dates of such contract and the full text of such contract and any addenda; (2) a publicly available and searchable database (in electronic and downloadable format), on a website of the institution, of the information required to be disclosed under paragraph (1) that— (A) makes available the information disclosed under paragraph (1) beginning on the date that is 30 days after receipt of the report under such paragraph containing such information and until the latest of— (i) the date that is 4 years after the date on which— (I) a gift referred to in paragraph (1)(A) is received; or (II) a contract referred to in subparagraph (B), (C) or (D) of paragraph (1) begins; or (ii) the date on which a contract referred to in subparagraph (B), (C) or (D) of paragraph (1) terminates; and (B) is searchable and sortable by— (i) the date received (if a gift) or the date commenced (if a contract); (ii) the attributable country with respect to which information is being disclosed; (iii) name of the individual making the disclosure; and (iv) the name of the foreign source (other than a foreign source who is a natural person); (3) a plan effectively to identify and manage potential information gathering by foreign sources through espionage targeting covered individuals that may arise from gifts received from, or contracts entered into with, a foreign source, including through the use of— (A) periodic communications; (B) accurate reporting under paragraph (2) of the information required to be disclosed under paragraph (1); and (C) enforcement of the policy described in paragraph (1). (b) Institutions \nAn institution shall be subject to the requirements of this section if such institution— (1) is an eligible institution for the purposes of any program authorized under title IV; and (2) (A) received more than $50,000,000 in Federal funds in any of the previous five calendar years to support (in whole or in part) research and development (as determined by the institution and measured by the Higher Education Research and Development Survey of the National Center for Science and Engineering Statistics); or (B) receives funds under title VI. (c) Definitions \nIn this section— (1) the terms foreign source , gift , and attributable country have the meanings given such terms in section 117(g); (2) the term contract — (A) means any— (i) agreement for the acquisition, by purchase, lease, or barter, of property or services by a foreign source; (ii) affiliation, agreement, or similar transaction with a foreign source involving the use or exchange of the name, likeness, time, services, or resources of covered individuals employed at an institution described in subsection (b); or (iii) purchase, lease, or barter of property or services from a foreign source that is a foreign country of concern or a foreign entity of concern; and (B) does not include any fair-market, arms-length agreement made by covered individuals for the acquisition, by purchase, lease, or barter of property or services from a foreign source other than such a foreign source that is a foreign country of concern or a foreign entity of concern; and (3) the term covered individual — (A) has the meaning given such term in section 223(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 42 U.S.C. 6605 ); and (B) shall be interpreted in accordance with the Guidance for Implementing National Security Presidential Memorandum 33 (NSPM–33) on National Security Strategy for United States Government-Supported Research and Development published by the Subcommittee on Research Security and the Joint Committee on the Research Environment in January 2022..", "id": "H1701FCA1140841A5A48A226DA9EE8795", "header": "Policy regarding conflicts of interest from foreign gifts and contracts", "nested": [], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "42 U.S.C. 6605", "legal-doc": "usc", "parsable-cite": "usc/42/6605" } ] }, { "text": "117B. Institutional policy regarding foreign gifts and contracts to faculty and staff \n(a) Requirement To maintain policy and database \nBeginning not later than 90 days after the date of the enactment of the DETERRENT Act , each institution described in subsection (b) shall maintain— (1) a policy requiring covered individuals employed at the institution to disclose in a report to such institution on July 31 of each calendar year that begins after the year in which such enactment date occurs— (A) any gift received from a foreign source in the previous calendar year, the value of which is greater than the minimal value (as such term is defined in section 7342(a) of title 5, United States Code) or is of undetermined value, and including the date on which the gift was received; (B) any contract entered into with a foreign source in the previous calendar year, the value of which is $5,000 or more, considered alone or in combination with all other contracts with that foreign source within the calendar year, and including the date on which such contract commences and, as applicable, the date on which such contract terminates; (C) any contract with a foreign source in force during the previous calendar year that has an undetermined monetary value, and including the date on which such contract commences and, as applicable, the date on which such contract terminates; and (D) any contract entered into with a foreign country of concern or foreign entity of concern in the previous calendar year, the value of which is $0 or more, and including the beginning and ending dates of such contract and the full text of such contract and any addenda; (2) a publicly available and searchable database (in electronic and downloadable format), on a website of the institution, of the information required to be disclosed under paragraph (1) that— (A) makes available the information disclosed under paragraph (1) beginning on the date that is 30 days after receipt of the report under such paragraph containing such information and until the latest of— (i) the date that is 4 years after the date on which— (I) a gift referred to in paragraph (1)(A) is received; or (II) a contract referred to in subparagraph (B), (C) or (D) of paragraph (1) begins; or (ii) the date on which a contract referred to in subparagraph (B), (C) or (D) of paragraph (1) terminates; and (B) is searchable and sortable by— (i) the date received (if a gift) or the date commenced (if a contract); (ii) the attributable country with respect to which information is being disclosed; (iii) name of the individual making the disclosure; and (iv) the name of the foreign source (other than a foreign source who is a natural person); (3) a plan effectively to identify and manage potential information gathering by foreign sources through espionage targeting covered individuals that may arise from gifts received from, or contracts entered into with, a foreign source, including through the use of— (A) periodic communications; (B) accurate reporting under paragraph (2) of the information required to be disclosed under paragraph (1); and (C) enforcement of the policy described in paragraph (1). (b) Institutions \nAn institution shall be subject to the requirements of this section if such institution— (1) is an eligible institution for the purposes of any program authorized under title IV; and (2) (A) received more than $50,000,000 in Federal funds in any of the previous five calendar years to support (in whole or in part) research and development (as determined by the institution and measured by the Higher Education Research and Development Survey of the National Center for Science and Engineering Statistics); or (B) receives funds under title VI. (c) Definitions \nIn this section— (1) the terms foreign source , gift , and attributable country have the meanings given such terms in section 117(g); (2) the term contract — (A) means any— (i) agreement for the acquisition, by purchase, lease, or barter, of property or services by a foreign source; (ii) affiliation, agreement, or similar transaction with a foreign source involving the use or exchange of the name, likeness, time, services, or resources of covered individuals employed at an institution described in subsection (b); or (iii) purchase, lease, or barter of property or services from a foreign source that is a foreign country of concern or a foreign entity of concern; and (B) does not include any fair-market, arms-length agreement made by covered individuals for the acquisition, by purchase, lease, or barter of property or services from a foreign source other than such a foreign source that is a foreign country of concern or a foreign entity of concern; and (3) the term covered individual — (A) has the meaning given such term in section 223(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 42 U.S.C. 6605 ); and (B) shall be interpreted in accordance with the Guidance for Implementing National Security Presidential Memorandum 33 (NSPM–33) on National Security Strategy for United States Government-Supported Research and Development published by the Subcommittee on Research Security and the Joint Committee on the Research Environment in January 2022.", "id": "HF34A22CF9472463B958F4CF68B8F729F", "header": "Institutional policy regarding foreign gifts and contracts to faculty and staff", "nested": [ { "text": "(a) Requirement To maintain policy and database \nBeginning not later than 90 days after the date of the enactment of the DETERRENT Act , each institution described in subsection (b) shall maintain— (1) a policy requiring covered individuals employed at the institution to disclose in a report to such institution on July 31 of each calendar year that begins after the year in which such enactment date occurs— (A) any gift received from a foreign source in the previous calendar year, the value of which is greater than the minimal value (as such term is defined in section 7342(a) of title 5, United States Code) or is of undetermined value, and including the date on which the gift was received; (B) any contract entered into with a foreign source in the previous calendar year, the value of which is $5,000 or more, considered alone or in combination with all other contracts with that foreign source within the calendar year, and including the date on which such contract commences and, as applicable, the date on which such contract terminates; (C) any contract with a foreign source in force during the previous calendar year that has an undetermined monetary value, and including the date on which such contract commences and, as applicable, the date on which such contract terminates; and (D) any contract entered into with a foreign country of concern or foreign entity of concern in the previous calendar year, the value of which is $0 or more, and including the beginning and ending dates of such contract and the full text of such contract and any addenda; (2) a publicly available and searchable database (in electronic and downloadable format), on a website of the institution, of the information required to be disclosed under paragraph (1) that— (A) makes available the information disclosed under paragraph (1) beginning on the date that is 30 days after receipt of the report under such paragraph containing such information and until the latest of— (i) the date that is 4 years after the date on which— (I) a gift referred to in paragraph (1)(A) is received; or (II) a contract referred to in subparagraph (B), (C) or (D) of paragraph (1) begins; or (ii) the date on which a contract referred to in subparagraph (B), (C) or (D) of paragraph (1) terminates; and (B) is searchable and sortable by— (i) the date received (if a gift) or the date commenced (if a contract); (ii) the attributable country with respect to which information is being disclosed; (iii) name of the individual making the disclosure; and (iv) the name of the foreign source (other than a foreign source who is a natural person); (3) a plan effectively to identify and manage potential information gathering by foreign sources through espionage targeting covered individuals that may arise from gifts received from, or contracts entered into with, a foreign source, including through the use of— (A) periodic communications; (B) accurate reporting under paragraph (2) of the information required to be disclosed under paragraph (1); and (C) enforcement of the policy described in paragraph (1).", "id": "H692276F5EF1D49C696842487976A5B9D", "header": "Requirement To maintain policy and database", "nested": [], "links": [] }, { "text": "(b) Institutions \nAn institution shall be subject to the requirements of this section if such institution— (1) is an eligible institution for the purposes of any program authorized under title IV; and (2) (A) received more than $50,000,000 in Federal funds in any of the previous five calendar years to support (in whole or in part) research and development (as determined by the institution and measured by the Higher Education Research and Development Survey of the National Center for Science and Engineering Statistics); or (B) receives funds under title VI.", "id": "HF2B2761358D84A59BDB90526D894AB59", "header": "Institutions", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section— (1) the terms foreign source , gift , and attributable country have the meanings given such terms in section 117(g); (2) the term contract — (A) means any— (i) agreement for the acquisition, by purchase, lease, or barter, of property or services by a foreign source; (ii) affiliation, agreement, or similar transaction with a foreign source involving the use or exchange of the name, likeness, time, services, or resources of covered individuals employed at an institution described in subsection (b); or (iii) purchase, lease, or barter of property or services from a foreign source that is a foreign country of concern or a foreign entity of concern; and (B) does not include any fair-market, arms-length agreement made by covered individuals for the acquisition, by purchase, lease, or barter of property or services from a foreign source other than such a foreign source that is a foreign country of concern or a foreign entity of concern; and (3) the term covered individual — (A) has the meaning given such term in section 223(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 42 U.S.C. 6605 ); and (B) shall be interpreted in accordance with the Guidance for Implementing National Security Presidential Memorandum 33 (NSPM–33) on National Security Strategy for United States Government-Supported Research and Development published by the Subcommittee on Research Security and the Joint Committee on the Research Environment in January 2022.", "id": "H14F25C0EFE124B409F35B2523A8E64C0", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 6605", "legal-doc": "usc", "parsable-cite": "usc/42/6605" } ] } ], "links": [ { "text": "42 U.S.C. 6605", "legal-doc": "usc", "parsable-cite": "usc/42/6605" } ] }, { "text": "4. Investment disclosure report \nThe Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), as amended by section 3 of this Act, is further amended by inserting after section 117B the following: 117C. Investment disclosure report \n(a) Investment disclosure report \nA specified institution shall file a disclosure report in accordance with subsection (b) with the Secretary on July 31 immediately following any calendar year in which the specified institution purchases, sells, or holds (directly or indirectly through any chain of ownership) one or more investments of concern. (b) Contents of report \nEach report to the Secretary required by subsection (a) with respect to any calendar year shall contain the following: (1) A list of the investments of concern purchased, sold, or held during such calendar year. (2) The aggregate fair market value of all investments of concern held as of the close of such calendar year. (3) The combined value of all investments of concern sold over the course of such calendar year, as measured by the fair market value of such investments at the time of the sale. (4) The combined value of all capital gains from such sales of investments of concern. (c) Inclusion of certain pooled funds \n(1) In general \nAn investment of concern acquired through a regulated investment company, exchange traded fund, or any other pooled investment shall be treated as acquired through a chain of ownership referred to in subsection (a), unless such pooled investment is certified by the Secretary as not holding any listed investments in accordance with subparagraph (B) of paragraph (2). (2) Certifications of pooled funds \nThe Secretary, after consultation with the Secretary of the Treasury, shall establish procedures under which certain regulated investment companies, exchange traded funds, and other pooled investments— (A) shall be reported in accordance with the requirements under subsection (b); and (B) may be certified by the Secretary as not holding any listed investments. (d) Treatment of related organizations \nFor purposes of this section, assets held by any related organization (as defined in section 4968(d)(2) of the Internal Revenue Code of 1986) with respect to a specified institution shall be treated as held by such specified institution, except that— (1) such assets shall not be taken into account with respect to more than 1 specified institution; and (2) unless such organization is controlled by such institution or is described in section 509(a)(3) of the Internal Revenue Code of 1986 with respect to such institution, assets which are not intended or available for the use or benefit of such specified institution shall not be taken into account. (e) Valuation of debt \nFor purposes of this section, the fair market value of any debt shall be the principal amount of such debt. (f) Regulations \nThe Secretary, after consultation with the Secretary of the Treasury, may issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance providing for the proper application of this section with respect to certain regulated investment companies, exchange traded funds, and pooled investments. (g) Compliance officer \nAny specified institution that is required to submit a report under subsection (a) shall designate, before the submission of such report, and maintain a compliance officer, who shall— (1) be a current employee or legally authorized agent of such institution; (2) be responsible, on behalf of the institution, for personally certifying accurate compliance with the reporting requirements under this section; and (3) certify the institution has, for purposes of filing such report under subsection (a), followed an established institutional policy and conducted good faith efforts and reasonable due diligence to determine the accuracy and valuations of the assets reported. (h) Database requirement \n(1) In general \nBeginning not later than 60 days before the July 31 immediately following the date of enactment of the DETERRENT Act , the Secretary shall establish and maintain a searchable database on a website of the Department, under which all reports submitted under this section— (A) are made publicly available (in electronic and downloadable format), including any information provided in such reports; (B) can be individually identified and compared; and (C) are searchable and sortable. (2) Timeline on including reports \nNot later than 30 days after receipt of a disclosure report under this section, the Secretary shall include such report in the database described in paragraph (1). (i) Definitions \nIn this section: (1) Investment of concern \n(A) In general \nThe term investment of concern means any specified interest with respect to any of the following: (i) A foreign country of concern. (ii) A foreign entity of concern. (B) Specified interest \nThe term specified interest means, with respect to any entity— (i) stock or any other equity or profits interest of such entity; (ii) debt issued by such entity; and (iii) any contract or derivative with respect to any property described in clause (i) or (ii). (2) Specified institution \n(A) In general \nThe term specified institution , as determined with respect to any calendar year, means an institution if— (i) such institution is not a public institution; and (ii) the aggregate fair market value of— (I) the assets held by such institution at the end of such calendar year (other than those assets which are used directly in carrying out the institution’s exempt purpose) is in excess of $6,000,000,000; or (II) the investments of concern held by such institution at the end of such calendar year is in excess of $250,000,000. (B) References to certain terms \nFor the purpose of applying the definition under subparagraph (A), the terms aggregate fair market value and assets which are used directly in carrying out the institution’s exempt purpose shall be applied in the same manner as such terms are applied for the purposes of section 4968(b)(1)(D) of the Internal Revenue Code of 1986..", "id": "H02AD25F85A3E4FE4B978412C5E00EEBB", "header": "Investment disclosure report", "nested": [], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "section 4968(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/4968" }, { "text": "section 509(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/509" }, { "text": "section 4968(b)(1)(D)", "legal-doc": "usc", "parsable-cite": "usc/26/4968" } ] }, { "text": "117C. Investment disclosure report \n(a) Investment disclosure report \nA specified institution shall file a disclosure report in accordance with subsection (b) with the Secretary on July 31 immediately following any calendar year in which the specified institution purchases, sells, or holds (directly or indirectly through any chain of ownership) one or more investments of concern. (b) Contents of report \nEach report to the Secretary required by subsection (a) with respect to any calendar year shall contain the following: (1) A list of the investments of concern purchased, sold, or held during such calendar year. (2) The aggregate fair market value of all investments of concern held as of the close of such calendar year. (3) The combined value of all investments of concern sold over the course of such calendar year, as measured by the fair market value of such investments at the time of the sale. (4) The combined value of all capital gains from such sales of investments of concern. (c) Inclusion of certain pooled funds \n(1) In general \nAn investment of concern acquired through a regulated investment company, exchange traded fund, or any other pooled investment shall be treated as acquired through a chain of ownership referred to in subsection (a), unless such pooled investment is certified by the Secretary as not holding any listed investments in accordance with subparagraph (B) of paragraph (2). (2) Certifications of pooled funds \nThe Secretary, after consultation with the Secretary of the Treasury, shall establish procedures under which certain regulated investment companies, exchange traded funds, and other pooled investments— (A) shall be reported in accordance with the requirements under subsection (b); and (B) may be certified by the Secretary as not holding any listed investments. (d) Treatment of related organizations \nFor purposes of this section, assets held by any related organization (as defined in section 4968(d)(2) of the Internal Revenue Code of 1986) with respect to a specified institution shall be treated as held by such specified institution, except that— (1) such assets shall not be taken into account with respect to more than 1 specified institution; and (2) unless such organization is controlled by such institution or is described in section 509(a)(3) of the Internal Revenue Code of 1986 with respect to such institution, assets which are not intended or available for the use or benefit of such specified institution shall not be taken into account. (e) Valuation of debt \nFor purposes of this section, the fair market value of any debt shall be the principal amount of such debt. (f) Regulations \nThe Secretary, after consultation with the Secretary of the Treasury, may issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance providing for the proper application of this section with respect to certain regulated investment companies, exchange traded funds, and pooled investments. (g) Compliance officer \nAny specified institution that is required to submit a report under subsection (a) shall designate, before the submission of such report, and maintain a compliance officer, who shall— (1) be a current employee or legally authorized agent of such institution; (2) be responsible, on behalf of the institution, for personally certifying accurate compliance with the reporting requirements under this section; and (3) certify the institution has, for purposes of filing such report under subsection (a), followed an established institutional policy and conducted good faith efforts and reasonable due diligence to determine the accuracy and valuations of the assets reported. (h) Database requirement \n(1) In general \nBeginning not later than 60 days before the July 31 immediately following the date of enactment of the DETERRENT Act , the Secretary shall establish and maintain a searchable database on a website of the Department, under which all reports submitted under this section— (A) are made publicly available (in electronic and downloadable format), including any information provided in such reports; (B) can be individually identified and compared; and (C) are searchable and sortable. (2) Timeline on including reports \nNot later than 30 days after receipt of a disclosure report under this section, the Secretary shall include such report in the database described in paragraph (1). (i) Definitions \nIn this section: (1) Investment of concern \n(A) In general \nThe term investment of concern means any specified interest with respect to any of the following: (i) A foreign country of concern. (ii) A foreign entity of concern. (B) Specified interest \nThe term specified interest means, with respect to any entity— (i) stock or any other equity or profits interest of such entity; (ii) debt issued by such entity; and (iii) any contract or derivative with respect to any property described in clause (i) or (ii). (2) Specified institution \n(A) In general \nThe term specified institution , as determined with respect to any calendar year, means an institution if— (i) such institution is not a public institution; and (ii) the aggregate fair market value of— (I) the assets held by such institution at the end of such calendar year (other than those assets which are used directly in carrying out the institution’s exempt purpose) is in excess of $6,000,000,000; or (II) the investments of concern held by such institution at the end of such calendar year is in excess of $250,000,000. (B) References to certain terms \nFor the purpose of applying the definition under subparagraph (A), the terms aggregate fair market value and assets which are used directly in carrying out the institution’s exempt purpose shall be applied in the same manner as such terms are applied for the purposes of section 4968(b)(1)(D) of the Internal Revenue Code of 1986.", "id": "H6EB19573373A4982A07EEB5C56EBCD7D", "header": "Investment disclosure report", "nested": [ { "text": "(a) Investment disclosure report \nA specified institution shall file a disclosure report in accordance with subsection (b) with the Secretary on July 31 immediately following any calendar year in which the specified institution purchases, sells, or holds (directly or indirectly through any chain of ownership) one or more investments of concern.", "id": "H6EFBC0C8FBB34213BD84B5BAE858B979", "header": "Investment disclosure report", "nested": [], "links": [] }, { "text": "(b) Contents of report \nEach report to the Secretary required by subsection (a) with respect to any calendar year shall contain the following: (1) A list of the investments of concern purchased, sold, or held during such calendar year. (2) The aggregate fair market value of all investments of concern held as of the close of such calendar year. (3) The combined value of all investments of concern sold over the course of such calendar year, as measured by the fair market value of such investments at the time of the sale. (4) The combined value of all capital gains from such sales of investments of concern.", "id": "H84A8044B9290453C898F4BEC1922A8FC", "header": "Contents of report", "nested": [], "links": [] }, { "text": "(c) Inclusion of certain pooled funds \n(1) In general \nAn investment of concern acquired through a regulated investment company, exchange traded fund, or any other pooled investment shall be treated as acquired through a chain of ownership referred to in subsection (a), unless such pooled investment is certified by the Secretary as not holding any listed investments in accordance with subparagraph (B) of paragraph (2). (2) Certifications of pooled funds \nThe Secretary, after consultation with the Secretary of the Treasury, shall establish procedures under which certain regulated investment companies, exchange traded funds, and other pooled investments— (A) shall be reported in accordance with the requirements under subsection (b); and (B) may be certified by the Secretary as not holding any listed investments.", "id": "HE5BB85A8E9FE412EBA0C04EE8B6B81DE", "header": "Inclusion of certain pooled funds", "nested": [], "links": [] }, { "text": "(d) Treatment of related organizations \nFor purposes of this section, assets held by any related organization (as defined in section 4968(d)(2) of the Internal Revenue Code of 1986) with respect to a specified institution shall be treated as held by such specified institution, except that— (1) such assets shall not be taken into account with respect to more than 1 specified institution; and (2) unless such organization is controlled by such institution or is described in section 509(a)(3) of the Internal Revenue Code of 1986 with respect to such institution, assets which are not intended or available for the use or benefit of such specified institution shall not be taken into account.", "id": "HC36C0007493545A39822B662FD700F94", "header": "Treatment of related organizations", "nested": [], "links": [ { "text": "section 4968(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/4968" }, { "text": "section 509(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/509" } ] }, { "text": "(e) Valuation of debt \nFor purposes of this section, the fair market value of any debt shall be the principal amount of such debt.", "id": "H1DA289BF60DC4F9E9C23D769F5CE35DC", "header": "Valuation of debt", "nested": [], "links": [] }, { "text": "(f) Regulations \nThe Secretary, after consultation with the Secretary of the Treasury, may issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance providing for the proper application of this section with respect to certain regulated investment companies, exchange traded funds, and pooled investments.", "id": "H6A91F34EC25F4BBE8DABE51EBDDBD1AF", "header": "Regulations", "nested": [], "links": [] }, { "text": "(g) Compliance officer \nAny specified institution that is required to submit a report under subsection (a) shall designate, before the submission of such report, and maintain a compliance officer, who shall— (1) be a current employee or legally authorized agent of such institution; (2) be responsible, on behalf of the institution, for personally certifying accurate compliance with the reporting requirements under this section; and (3) certify the institution has, for purposes of filing such report under subsection (a), followed an established institutional policy and conducted good faith efforts and reasonable due diligence to determine the accuracy and valuations of the assets reported.", "id": "H0E34A5E06AE145C8828FE008A4ACB70D", "header": "Compliance officer", "nested": [], "links": [] }, { "text": "(h) Database requirement \n(1) In general \nBeginning not later than 60 days before the July 31 immediately following the date of enactment of the DETERRENT Act , the Secretary shall establish and maintain a searchable database on a website of the Department, under which all reports submitted under this section— (A) are made publicly available (in electronic and downloadable format), including any information provided in such reports; (B) can be individually identified and compared; and (C) are searchable and sortable. (2) Timeline on including reports \nNot later than 30 days after receipt of a disclosure report under this section, the Secretary shall include such report in the database described in paragraph (1).", "id": "H019B48E250384A76BEC27874129789EE", "header": "Database requirement", "nested": [], "links": [] }, { "text": "(i) Definitions \nIn this section: (1) Investment of concern \n(A) In general \nThe term investment of concern means any specified interest with respect to any of the following: (i) A foreign country of concern. (ii) A foreign entity of concern. (B) Specified interest \nThe term specified interest means, with respect to any entity— (i) stock or any other equity or profits interest of such entity; (ii) debt issued by such entity; and (iii) any contract or derivative with respect to any property described in clause (i) or (ii). (2) Specified institution \n(A) In general \nThe term specified institution , as determined with respect to any calendar year, means an institution if— (i) such institution is not a public institution; and (ii) the aggregate fair market value of— (I) the assets held by such institution at the end of such calendar year (other than those assets which are used directly in carrying out the institution’s exempt purpose) is in excess of $6,000,000,000; or (II) the investments of concern held by such institution at the end of such calendar year is in excess of $250,000,000. (B) References to certain terms \nFor the purpose of applying the definition under subparagraph (A), the terms aggregate fair market value and assets which are used directly in carrying out the institution’s exempt purpose shall be applied in the same manner as such terms are applied for the purposes of section 4968(b)(1)(D) of the Internal Revenue Code of 1986.", "id": "HB82DF6EA4315405DA05AEE7B643ACD69", "header": "Definitions", "nested": [], "links": [ { "text": "section 4968(b)(1)(D)", "legal-doc": "usc", "parsable-cite": "usc/26/4968" } ] } ], "links": [ { "text": "section 4968(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/4968" }, { "text": "section 509(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/509" }, { "text": "section 4968(b)(1)(D)", "legal-doc": "usc", "parsable-cite": "usc/26/4968" } ] }, { "text": "5. Enforcement and other general provisions \n(a) Enforcement and other general provisions \nThe Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), as amended by section 4 of this Act, is further amended by inserting after section 117C the following: 117D. Enforcement; single point-of-contact \n(a) Enforcement \n(1) Investigation \nThe Secretary (acting through the General Counsel of the Department) shall conduct investigations of possible violations of sections 117, 117A, 117B, and 117C by institutions. (2) Civil action \nWhenever it appears that an institution has knowingly or willfully failed to comply with a requirement of any of the sections listed in paragraph (1) (including any rule or regulation promulgated under any such section) based on such an investigation, a civil action shall be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirement of the section that has been violated. (3) Costs and other fines \nAn institution that is compelled to comply with a requirement of a section listed in paragraph (1) pursuant to paragraph (2) shall— (A) pay to the Treasury of the United States the full costs to the United States of obtaining compliance with the requirement of such section, including all associated costs of investigation and enforcement; and (B) be subject to the applicable fines described in paragraph (4). (4) Fines for violations \nThe Secretary shall impose a fine on an institution that knowingly or willfully fails to comply with a requirement of a section listed in paragraph (1) as follows: (A) Section 117 \n(i) First-time violations \nIn the case of an institution that knowingly or willfully fails to comply with a requirement of section 117 with respect to a calendar year, and that has not previously knowingly or willfully failed to comply with such a requirement, the Secretary shall impose a fine on the institution for such violation as follows: (I) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(1) of section 117, such fine shall be in an amount that is— (aa) not less than $50,000 but not more than the monetary value of the gift from, or contract with, the foreign source; or (bb) in the case of a gift or contract of no value or of indeterminable value, not less than 1 percent, and not more than 10 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (II) In the case of an institution that knowingly or willfully fails to comply with the reporting requirement under subsection (a)(2) of section 117, such fine shall be in an amount that is not less than 10 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (ii) Subsequent violations \nIn the case of an institution that has been fined pursuant to clause (i) with respect to a calendar year, and that knowingly or willfully fails to comply with a requirement of section 117 with respect to any additional calendar year, the Secretary shall impose a fine on the institution with respect to any such additional calendar year as follows: (I) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(1) of section 117 with respect to an additional calendar year, such fine shall be in an amount that is— (aa) not less than $100,000 but not more than twice the monetary value of the gift from, or contract with, the foreign source; or (bb) in the case of a gift or contract of no value or of indeterminable value, not less than 1 percent, but not more than 10 percent, of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (II) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(2) of section 117 with respect to an additional calendar year, such fine shall be in an amount that is not less than 20 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (B) Section 117A \n(i) First-time violations \nIn the case of an institution that knowingly or willfully fails to comply with a requirement of section 117A for the first time, the Secretary shall impose a fine on the institution in an amount that is not less than 5 percent, but not more than 10 percent, of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (ii) Subsequent violations \nIn the case of an institution that has been fined pursuant to clause (i), the Secretary shall impose a fine on the institution for each subsequent time the institution knowingly or willfully fails to comply with a requirement of section 117A in an amount that is not less than 20 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (C) Section 117B \n(i) First-time violations \nIn the case of an institution that knowingly or willfully fails to comply with a requirement of section 117B with respect to a calendar year, and that has not previously knowingly or willfully failed to comply with such a requirement, the Secretary shall impose a fine on the institution of not less than $250,000, but not more than the total amount of gifts or contracts reported by such institution in the database required under section 117B(a)(2). (ii) Subsequent violations \nIn the case of an institution that has been fined pursuant to clause (i) with respect to a calendar year, and that knowingly or willfully fails to comply with a requirement of section 117B with respect to any additional calendar year, the Secretary shall impose a fine on the institution with respect to any such additional calendar year in an amount that is not less than $500,000, but not more than twice the total amount of gifts or contracts reported by such institution in the database required under section 117B(a)(2). (D) Section 117C \n(i) First-time violations \nIn the case of a specified institution that knowingly or willfully fails to comply with a requirement of section 117C with respect to a calendar year, and that has not previously knowingly or willfully failed to comply with such a requirement, the Secretary shall impose a fine on the institution in an amount that is not less than 50 percent and not more than 100 percent of the sum of— (I) the aggregate fair market value of all investments of concern held by such institution as of the close of such calendar year; and (II) the combined value of all investments of concern sold over the course of such calendar year, as measured by the fair market value of such investments at the time of the sale. (ii) Subsequent violations \nIn the case of a specified institution that has been fined pursuant to clause (i) with respect to a calendar year, and that knowingly or willfully fails to comply with a requirement of section 117C with respect to any additional calendar year, the Secretary shall impose a fine on the institution with respect to any such additional calendar year in an amount that is not less than 100 percent and not more than 200 percent of the sum of— (I) the aggregate fair market value of all investments of concern held by such institution as of the close of such additional calendar year; and (II) the combined value of all investments of concern sold over the course of such additional calendar year, as measured by the fair market value of such investments at the time of the sale. (b) Single point-of-Contact at the Department \nThe Secretary shall maintain a single point-of-contact at the Department to— (1) receive and respond to inquiries and requests for technical assistance from institutions regarding compliance with the requirements of sections 117, 117A, 117B, and 117C; (2) coordinate and implement technical improvements to the database described in section 117(d)(1), including— (A) improving upload functionality by allowing for batch reporting, including by allowing institutions to upload one file with all required information into the database; (B) publishing and maintaining a database users guide annually, including information on how to edit an entry and how to report errors; (C) creating a standing user group (to which chapter 10 of title 5, United States Code, shall not apply) to discuss possible database improvements, which group shall— (i) include at least— (I) 3 members representing public institutions with high or very high levels of research activity (as defined by the National Center for Education Statistics); (II) 2 members representing private, nonprofit institutions with high or very high levels of research activity (as so defined); (III) 2 members representing proprietary institutions of higher education (as defined in section 102(b)); and (IV) 2 members representing area career and technical education schools (as defined in subparagraph (C) or (D) of section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006); and (ii) meet at least twice a year with officials from the Department to discuss possible database improvements; (D) publishing, on a publicly available website, recommended database improvements following each meeting described in subparagraph (C)(ii); and (E) responding, on a publicly available website, to each recommendation published under subparagraph (D) as to whether or not the Department will implement the recommendation, including the rationale for either approving or rejecting the recommendation; (3) provide, every 90 days after the date of enactment of the DETERRENT Act , status updates on any pending or completed investigations and civil actions under subsection (a)(1) to— (A) the authorizing committees; and (B) any institution that is the subject of such investigation or action; (4) maintain, on a publicly accessible website— (A) a full comprehensive list of all foreign countries of concern and foreign entities of concern; and (B) the date on which the last update was made to such list; and (5) not later than 7 days after making an update to the list maintained in paragraph (4)(A), notify each institution required to comply with the sections listed in paragraph (1) of such update. (c) Definitions \nFor purposes of sections 117, 117A, 117B, 117C, and this section: (1) Foreign country of concern \nThe term foreign country of concern includes the following: (A) A country that is a covered nation (as defined in section 4872(d) of title 10, United States Code). (B) Any country that the Secretary, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, determines to be engaged in conduct that is detrimental to the national security or foreign policy of the United States. (2) Foreign entity of concern \nThe term foreign entity of concern has the meaning given such term in section 10612(a) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19221(a) ) and includes a foreign entity that is identified on the list published under section 1286(c)(8)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 22 4001 note; Public Law 115–232 ). (3) Institution \nThe term institution means an institution of higher education (as such term is defined in section 102, other than an institution described in subsection (a)(1)(c) of such section).. (b) Program participation agreement \nSection 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ) is amended by adding at the end the following: (30) (A) An institution will comply with the requirements of sections 117, 117A, 117B, and 117C. (B) An institution that, for 3 consecutive institutional fiscal years, violates any requirement of any of the sections listed in subparagraph (A), shall— (i) be ineligible to participate in the programs authorized by this title for a period of not less than 2 institutional fiscal years; and (ii) in order to regain eligibility to participate in such programs, demonstrate compliance with all requirements of each such section for not less than 2 institutional fiscal years after the institutional fiscal year in which such institution became ineligible.. (c) GAO study \nNot later than one year after the date of the enactment of this Act, the Comptroller General of the United States— (1) shall conduct a study to identify ways to improve intergovernmental agency coordination regarding implementation and enforcement of sections 117, 117A, 117B, and 117C of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ), as amended or added by this Act, including increasing information sharing, increasing compliance rates, and establishing processes for enforcement; and (2) shall submit to the Congress, and make public, a report containing the results of such study.", "id": "HFD93AE130C1D4690BA32642B9C67549A", "header": "Enforcement and other general provisions", "nested": [ { "text": "(a) Enforcement and other general provisions \nThe Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), as amended by section 4 of this Act, is further amended by inserting after section 117C the following: 117D. Enforcement; single point-of-contact \n(a) Enforcement \n(1) Investigation \nThe Secretary (acting through the General Counsel of the Department) shall conduct investigations of possible violations of sections 117, 117A, 117B, and 117C by institutions. (2) Civil action \nWhenever it appears that an institution has knowingly or willfully failed to comply with a requirement of any of the sections listed in paragraph (1) (including any rule or regulation promulgated under any such section) based on such an investigation, a civil action shall be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirement of the section that has been violated. (3) Costs and other fines \nAn institution that is compelled to comply with a requirement of a section listed in paragraph (1) pursuant to paragraph (2) shall— (A) pay to the Treasury of the United States the full costs to the United States of obtaining compliance with the requirement of such section, including all associated costs of investigation and enforcement; and (B) be subject to the applicable fines described in paragraph (4). (4) Fines for violations \nThe Secretary shall impose a fine on an institution that knowingly or willfully fails to comply with a requirement of a section listed in paragraph (1) as follows: (A) Section 117 \n(i) First-time violations \nIn the case of an institution that knowingly or willfully fails to comply with a requirement of section 117 with respect to a calendar year, and that has not previously knowingly or willfully failed to comply with such a requirement, the Secretary shall impose a fine on the institution for such violation as follows: (I) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(1) of section 117, such fine shall be in an amount that is— (aa) not less than $50,000 but not more than the monetary value of the gift from, or contract with, the foreign source; or (bb) in the case of a gift or contract of no value or of indeterminable value, not less than 1 percent, and not more than 10 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (II) In the case of an institution that knowingly or willfully fails to comply with the reporting requirement under subsection (a)(2) of section 117, such fine shall be in an amount that is not less than 10 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (ii) Subsequent violations \nIn the case of an institution that has been fined pursuant to clause (i) with respect to a calendar year, and that knowingly or willfully fails to comply with a requirement of section 117 with respect to any additional calendar year, the Secretary shall impose a fine on the institution with respect to any such additional calendar year as follows: (I) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(1) of section 117 with respect to an additional calendar year, such fine shall be in an amount that is— (aa) not less than $100,000 but not more than twice the monetary value of the gift from, or contract with, the foreign source; or (bb) in the case of a gift or contract of no value or of indeterminable value, not less than 1 percent, but not more than 10 percent, of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (II) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(2) of section 117 with respect to an additional calendar year, such fine shall be in an amount that is not less than 20 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (B) Section 117A \n(i) First-time violations \nIn the case of an institution that knowingly or willfully fails to comply with a requirement of section 117A for the first time, the Secretary shall impose a fine on the institution in an amount that is not less than 5 percent, but not more than 10 percent, of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (ii) Subsequent violations \nIn the case of an institution that has been fined pursuant to clause (i), the Secretary shall impose a fine on the institution for each subsequent time the institution knowingly or willfully fails to comply with a requirement of section 117A in an amount that is not less than 20 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (C) Section 117B \n(i) First-time violations \nIn the case of an institution that knowingly or willfully fails to comply with a requirement of section 117B with respect to a calendar year, and that has not previously knowingly or willfully failed to comply with such a requirement, the Secretary shall impose a fine on the institution of not less than $250,000, but not more than the total amount of gifts or contracts reported by such institution in the database required under section 117B(a)(2). (ii) Subsequent violations \nIn the case of an institution that has been fined pursuant to clause (i) with respect to a calendar year, and that knowingly or willfully fails to comply with a requirement of section 117B with respect to any additional calendar year, the Secretary shall impose a fine on the institution with respect to any such additional calendar year in an amount that is not less than $500,000, but not more than twice the total amount of gifts or contracts reported by such institution in the database required under section 117B(a)(2). (D) Section 117C \n(i) First-time violations \nIn the case of a specified institution that knowingly or willfully fails to comply with a requirement of section 117C with respect to a calendar year, and that has not previously knowingly or willfully failed to comply with such a requirement, the Secretary shall impose a fine on the institution in an amount that is not less than 50 percent and not more than 100 percent of the sum of— (I) the aggregate fair market value of all investments of concern held by such institution as of the close of such calendar year; and (II) the combined value of all investments of concern sold over the course of such calendar year, as measured by the fair market value of such investments at the time of the sale. (ii) Subsequent violations \nIn the case of a specified institution that has been fined pursuant to clause (i) with respect to a calendar year, and that knowingly or willfully fails to comply with a requirement of section 117C with respect to any additional calendar year, the Secretary shall impose a fine on the institution with respect to any such additional calendar year in an amount that is not less than 100 percent and not more than 200 percent of the sum of— (I) the aggregate fair market value of all investments of concern held by such institution as of the close of such additional calendar year; and (II) the combined value of all investments of concern sold over the course of such additional calendar year, as measured by the fair market value of such investments at the time of the sale. (b) Single point-of-Contact at the Department \nThe Secretary shall maintain a single point-of-contact at the Department to— (1) receive and respond to inquiries and requests for technical assistance from institutions regarding compliance with the requirements of sections 117, 117A, 117B, and 117C; (2) coordinate and implement technical improvements to the database described in section 117(d)(1), including— (A) improving upload functionality by allowing for batch reporting, including by allowing institutions to upload one file with all required information into the database; (B) publishing and maintaining a database users guide annually, including information on how to edit an entry and how to report errors; (C) creating a standing user group (to which chapter 10 of title 5, United States Code, shall not apply) to discuss possible database improvements, which group shall— (i) include at least— (I) 3 members representing public institutions with high or very high levels of research activity (as defined by the National Center for Education Statistics); (II) 2 members representing private, nonprofit institutions with high or very high levels of research activity (as so defined); (III) 2 members representing proprietary institutions of higher education (as defined in section 102(b)); and (IV) 2 members representing area career and technical education schools (as defined in subparagraph (C) or (D) of section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006); and (ii) meet at least twice a year with officials from the Department to discuss possible database improvements; (D) publishing, on a publicly available website, recommended database improvements following each meeting described in subparagraph (C)(ii); and (E) responding, on a publicly available website, to each recommendation published under subparagraph (D) as to whether or not the Department will implement the recommendation, including the rationale for either approving or rejecting the recommendation; (3) provide, every 90 days after the date of enactment of the DETERRENT Act , status updates on any pending or completed investigations and civil actions under subsection (a)(1) to— (A) the authorizing committees; and (B) any institution that is the subject of such investigation or action; (4) maintain, on a publicly accessible website— (A) a full comprehensive list of all foreign countries of concern and foreign entities of concern; and (B) the date on which the last update was made to such list; and (5) not later than 7 days after making an update to the list maintained in paragraph (4)(A), notify each institution required to comply with the sections listed in paragraph (1) of such update. (c) Definitions \nFor purposes of sections 117, 117A, 117B, 117C, and this section: (1) Foreign country of concern \nThe term foreign country of concern includes the following: (A) A country that is a covered nation (as defined in section 4872(d) of title 10, United States Code). (B) Any country that the Secretary, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, determines to be engaged in conduct that is detrimental to the national security or foreign policy of the United States. (2) Foreign entity of concern \nThe term foreign entity of concern has the meaning given such term in section 10612(a) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19221(a) ) and includes a foreign entity that is identified on the list published under section 1286(c)(8)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 22 4001 note; Public Law 115–232 ). (3) Institution \nThe term institution means an institution of higher education (as such term is defined in section 102, other than an institution described in subsection (a)(1)(c) of such section)..", "id": "H97DA805C0DD5494E9D4BE8DC52732CC2", "header": "Enforcement and other general provisions", "nested": [], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" }, { "text": "42 U.S.C. 19221(a)", "legal-doc": "usc", "parsable-cite": "usc/42/19221" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "(b) Program participation agreement \nSection 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ) is amended by adding at the end the following: (30) (A) An institution will comply with the requirements of sections 117, 117A, 117B, and 117C. (B) An institution that, for 3 consecutive institutional fiscal years, violates any requirement of any of the sections listed in subparagraph (A), shall— (i) be ineligible to participate in the programs authorized by this title for a period of not less than 2 institutional fiscal years; and (ii) in order to regain eligibility to participate in such programs, demonstrate compliance with all requirements of each such section for not less than 2 institutional fiscal years after the institutional fiscal year in which such institution became ineligible..", "id": "HA468EF1072B743E8A5968FBC6A55C452", "header": "Program participation agreement", "nested": [], "links": [ { "text": "20 U.S.C. 1094", "legal-doc": "usc", "parsable-cite": "usc/20/1094" } ] }, { "text": "(c) GAO study \nNot later than one year after the date of the enactment of this Act, the Comptroller General of the United States— (1) shall conduct a study to identify ways to improve intergovernmental agency coordination regarding implementation and enforcement of sections 117, 117A, 117B, and 117C of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ), as amended or added by this Act, including increasing information sharing, increasing compliance rates, and establishing processes for enforcement; and (2) shall submit to the Congress, and make public, a report containing the results of such study.", "id": "H3690FECDA4404103B10CB69C87BFDEFB", "header": "GAO study", "nested": [], "links": [ { "text": "20 U.S.C. 1011f", "legal-doc": "usc", "parsable-cite": "usc/20/1011f" } ] } ], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" }, { "text": "42 U.S.C. 19221(a)", "legal-doc": "usc", "parsable-cite": "usc/42/19221" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" }, { "text": "20 U.S.C. 1094", "legal-doc": "usc", "parsable-cite": "usc/20/1094" }, { "text": "20 U.S.C. 1011f", "legal-doc": "usc", "parsable-cite": "usc/20/1011f" } ] }, { "text": "117D. Enforcement; single point-of-contact \n(a) Enforcement \n(1) Investigation \nThe Secretary (acting through the General Counsel of the Department) shall conduct investigations of possible violations of sections 117, 117A, 117B, and 117C by institutions. (2) Civil action \nWhenever it appears that an institution has knowingly or willfully failed to comply with a requirement of any of the sections listed in paragraph (1) (including any rule or regulation promulgated under any such section) based on such an investigation, a civil action shall be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirement of the section that has been violated. (3) Costs and other fines \nAn institution that is compelled to comply with a requirement of a section listed in paragraph (1) pursuant to paragraph (2) shall— (A) pay to the Treasury of the United States the full costs to the United States of obtaining compliance with the requirement of such section, including all associated costs of investigation and enforcement; and (B) be subject to the applicable fines described in paragraph (4). (4) Fines for violations \nThe Secretary shall impose a fine on an institution that knowingly or willfully fails to comply with a requirement of a section listed in paragraph (1) as follows: (A) Section 117 \n(i) First-time violations \nIn the case of an institution that knowingly or willfully fails to comply with a requirement of section 117 with respect to a calendar year, and that has not previously knowingly or willfully failed to comply with such a requirement, the Secretary shall impose a fine on the institution for such violation as follows: (I) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(1) of section 117, such fine shall be in an amount that is— (aa) not less than $50,000 but not more than the monetary value of the gift from, or contract with, the foreign source; or (bb) in the case of a gift or contract of no value or of indeterminable value, not less than 1 percent, and not more than 10 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (II) In the case of an institution that knowingly or willfully fails to comply with the reporting requirement under subsection (a)(2) of section 117, such fine shall be in an amount that is not less than 10 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (ii) Subsequent violations \nIn the case of an institution that has been fined pursuant to clause (i) with respect to a calendar year, and that knowingly or willfully fails to comply with a requirement of section 117 with respect to any additional calendar year, the Secretary shall impose a fine on the institution with respect to any such additional calendar year as follows: (I) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(1) of section 117 with respect to an additional calendar year, such fine shall be in an amount that is— (aa) not less than $100,000 but not more than twice the monetary value of the gift from, or contract with, the foreign source; or (bb) in the case of a gift or contract of no value or of indeterminable value, not less than 1 percent, but not more than 10 percent, of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (II) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(2) of section 117 with respect to an additional calendar year, such fine shall be in an amount that is not less than 20 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (B) Section 117A \n(i) First-time violations \nIn the case of an institution that knowingly or willfully fails to comply with a requirement of section 117A for the first time, the Secretary shall impose a fine on the institution in an amount that is not less than 5 percent, but not more than 10 percent, of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (ii) Subsequent violations \nIn the case of an institution that has been fined pursuant to clause (i), the Secretary shall impose a fine on the institution for each subsequent time the institution knowingly or willfully fails to comply with a requirement of section 117A in an amount that is not less than 20 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (C) Section 117B \n(i) First-time violations \nIn the case of an institution that knowingly or willfully fails to comply with a requirement of section 117B with respect to a calendar year, and that has not previously knowingly or willfully failed to comply with such a requirement, the Secretary shall impose a fine on the institution of not less than $250,000, but not more than the total amount of gifts or contracts reported by such institution in the database required under section 117B(a)(2). (ii) Subsequent violations \nIn the case of an institution that has been fined pursuant to clause (i) with respect to a calendar year, and that knowingly or willfully fails to comply with a requirement of section 117B with respect to any additional calendar year, the Secretary shall impose a fine on the institution with respect to any such additional calendar year in an amount that is not less than $500,000, but not more than twice the total amount of gifts or contracts reported by such institution in the database required under section 117B(a)(2). (D) Section 117C \n(i) First-time violations \nIn the case of a specified institution that knowingly or willfully fails to comply with a requirement of section 117C with respect to a calendar year, and that has not previously knowingly or willfully failed to comply with such a requirement, the Secretary shall impose a fine on the institution in an amount that is not less than 50 percent and not more than 100 percent of the sum of— (I) the aggregate fair market value of all investments of concern held by such institution as of the close of such calendar year; and (II) the combined value of all investments of concern sold over the course of such calendar year, as measured by the fair market value of such investments at the time of the sale. (ii) Subsequent violations \nIn the case of a specified institution that has been fined pursuant to clause (i) with respect to a calendar year, and that knowingly or willfully fails to comply with a requirement of section 117C with respect to any additional calendar year, the Secretary shall impose a fine on the institution with respect to any such additional calendar year in an amount that is not less than 100 percent and not more than 200 percent of the sum of— (I) the aggregate fair market value of all investments of concern held by such institution as of the close of such additional calendar year; and (II) the combined value of all investments of concern sold over the course of such additional calendar year, as measured by the fair market value of such investments at the time of the sale. (b) Single point-of-Contact at the Department \nThe Secretary shall maintain a single point-of-contact at the Department to— (1) receive and respond to inquiries and requests for technical assistance from institutions regarding compliance with the requirements of sections 117, 117A, 117B, and 117C; (2) coordinate and implement technical improvements to the database described in section 117(d)(1), including— (A) improving upload functionality by allowing for batch reporting, including by allowing institutions to upload one file with all required information into the database; (B) publishing and maintaining a database users guide annually, including information on how to edit an entry and how to report errors; (C) creating a standing user group (to which chapter 10 of title 5, United States Code, shall not apply) to discuss possible database improvements, which group shall— (i) include at least— (I) 3 members representing public institutions with high or very high levels of research activity (as defined by the National Center for Education Statistics); (II) 2 members representing private, nonprofit institutions with high or very high levels of research activity (as so defined); (III) 2 members representing proprietary institutions of higher education (as defined in section 102(b)); and (IV) 2 members representing area career and technical education schools (as defined in subparagraph (C) or (D) of section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006); and (ii) meet at least twice a year with officials from the Department to discuss possible database improvements; (D) publishing, on a publicly available website, recommended database improvements following each meeting described in subparagraph (C)(ii); and (E) responding, on a publicly available website, to each recommendation published under subparagraph (D) as to whether or not the Department will implement the recommendation, including the rationale for either approving or rejecting the recommendation; (3) provide, every 90 days after the date of enactment of the DETERRENT Act , status updates on any pending or completed investigations and civil actions under subsection (a)(1) to— (A) the authorizing committees; and (B) any institution that is the subject of such investigation or action; (4) maintain, on a publicly accessible website— (A) a full comprehensive list of all foreign countries of concern and foreign entities of concern; and (B) the date on which the last update was made to such list; and (5) not later than 7 days after making an update to the list maintained in paragraph (4)(A), notify each institution required to comply with the sections listed in paragraph (1) of such update. (c) Definitions \nFor purposes of sections 117, 117A, 117B, 117C, and this section: (1) Foreign country of concern \nThe term foreign country of concern includes the following: (A) A country that is a covered nation (as defined in section 4872(d) of title 10, United States Code). (B) Any country that the Secretary, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, determines to be engaged in conduct that is detrimental to the national security or foreign policy of the United States. (2) Foreign entity of concern \nThe term foreign entity of concern has the meaning given such term in section 10612(a) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19221(a) ) and includes a foreign entity that is identified on the list published under section 1286(c)(8)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 22 4001 note; Public Law 115–232 ). (3) Institution \nThe term institution means an institution of higher education (as such term is defined in section 102, other than an institution described in subsection (a)(1)(c) of such section).", "id": "H4832256F3F5A48E09D9827D1B5018362", "header": "Enforcement; single point-of-contact", "nested": [ { "text": "(a) Enforcement \n(1) Investigation \nThe Secretary (acting through the General Counsel of the Department) shall conduct investigations of possible violations of sections 117, 117A, 117B, and 117C by institutions. (2) Civil action \nWhenever it appears that an institution has knowingly or willfully failed to comply with a requirement of any of the sections listed in paragraph (1) (including any rule or regulation promulgated under any such section) based on such an investigation, a civil action shall be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirement of the section that has been violated. (3) Costs and other fines \nAn institution that is compelled to comply with a requirement of a section listed in paragraph (1) pursuant to paragraph (2) shall— (A) pay to the Treasury of the United States the full costs to the United States of obtaining compliance with the requirement of such section, including all associated costs of investigation and enforcement; and (B) be subject to the applicable fines described in paragraph (4). (4) Fines for violations \nThe Secretary shall impose a fine on an institution that knowingly or willfully fails to comply with a requirement of a section listed in paragraph (1) as follows: (A) Section 117 \n(i) First-time violations \nIn the case of an institution that knowingly or willfully fails to comply with a requirement of section 117 with respect to a calendar year, and that has not previously knowingly or willfully failed to comply with such a requirement, the Secretary shall impose a fine on the institution for such violation as follows: (I) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(1) of section 117, such fine shall be in an amount that is— (aa) not less than $50,000 but not more than the monetary value of the gift from, or contract with, the foreign source; or (bb) in the case of a gift or contract of no value or of indeterminable value, not less than 1 percent, and not more than 10 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (II) In the case of an institution that knowingly or willfully fails to comply with the reporting requirement under subsection (a)(2) of section 117, such fine shall be in an amount that is not less than 10 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (ii) Subsequent violations \nIn the case of an institution that has been fined pursuant to clause (i) with respect to a calendar year, and that knowingly or willfully fails to comply with a requirement of section 117 with respect to any additional calendar year, the Secretary shall impose a fine on the institution with respect to any such additional calendar year as follows: (I) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(1) of section 117 with respect to an additional calendar year, such fine shall be in an amount that is— (aa) not less than $100,000 but not more than twice the monetary value of the gift from, or contract with, the foreign source; or (bb) in the case of a gift or contract of no value or of indeterminable value, not less than 1 percent, but not more than 10 percent, of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (II) In the case of an institution that knowingly or willfully fails to comply with a reporting requirement under subsection (a)(2) of section 117 with respect to an additional calendar year, such fine shall be in an amount that is not less than 20 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (B) Section 117A \n(i) First-time violations \nIn the case of an institution that knowingly or willfully fails to comply with a requirement of section 117A for the first time, the Secretary shall impose a fine on the institution in an amount that is not less than 5 percent, but not more than 10 percent, of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (ii) Subsequent violations \nIn the case of an institution that has been fined pursuant to clause (i), the Secretary shall impose a fine on the institution for each subsequent time the institution knowingly or willfully fails to comply with a requirement of section 117A in an amount that is not less than 20 percent of the total amount of Federal funds received by the institution under this Act for the most recent fiscal year. (C) Section 117B \n(i) First-time violations \nIn the case of an institution that knowingly or willfully fails to comply with a requirement of section 117B with respect to a calendar year, and that has not previously knowingly or willfully failed to comply with such a requirement, the Secretary shall impose a fine on the institution of not less than $250,000, but not more than the total amount of gifts or contracts reported by such institution in the database required under section 117B(a)(2). (ii) Subsequent violations \nIn the case of an institution that has been fined pursuant to clause (i) with respect to a calendar year, and that knowingly or willfully fails to comply with a requirement of section 117B with respect to any additional calendar year, the Secretary shall impose a fine on the institution with respect to any such additional calendar year in an amount that is not less than $500,000, but not more than twice the total amount of gifts or contracts reported by such institution in the database required under section 117B(a)(2). (D) Section 117C \n(i) First-time violations \nIn the case of a specified institution that knowingly or willfully fails to comply with a requirement of section 117C with respect to a calendar year, and that has not previously knowingly or willfully failed to comply with such a requirement, the Secretary shall impose a fine on the institution in an amount that is not less than 50 percent and not more than 100 percent of the sum of— (I) the aggregate fair market value of all investments of concern held by such institution as of the close of such calendar year; and (II) the combined value of all investments of concern sold over the course of such calendar year, as measured by the fair market value of such investments at the time of the sale. (ii) Subsequent violations \nIn the case of a specified institution that has been fined pursuant to clause (i) with respect to a calendar year, and that knowingly or willfully fails to comply with a requirement of section 117C with respect to any additional calendar year, the Secretary shall impose a fine on the institution with respect to any such additional calendar year in an amount that is not less than 100 percent and not more than 200 percent of the sum of— (I) the aggregate fair market value of all investments of concern held by such institution as of the close of such additional calendar year; and (II) the combined value of all investments of concern sold over the course of such additional calendar year, as measured by the fair market value of such investments at the time of the sale.", "id": "H97DB4B563F084C148D5902B05BBA287A", "header": "Enforcement", "nested": [], "links": [] }, { "text": "(b) Single point-of-Contact at the Department \nThe Secretary shall maintain a single point-of-contact at the Department to— (1) receive and respond to inquiries and requests for technical assistance from institutions regarding compliance with the requirements of sections 117, 117A, 117B, and 117C; (2) coordinate and implement technical improvements to the database described in section 117(d)(1), including— (A) improving upload functionality by allowing for batch reporting, including by allowing institutions to upload one file with all required information into the database; (B) publishing and maintaining a database users guide annually, including information on how to edit an entry and how to report errors; (C) creating a standing user group (to which chapter 10 of title 5, United States Code, shall not apply) to discuss possible database improvements, which group shall— (i) include at least— (I) 3 members representing public institutions with high or very high levels of research activity (as defined by the National Center for Education Statistics); (II) 2 members representing private, nonprofit institutions with high or very high levels of research activity (as so defined); (III) 2 members representing proprietary institutions of higher education (as defined in section 102(b)); and (IV) 2 members representing area career and technical education schools (as defined in subparagraph (C) or (D) of section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006); and (ii) meet at least twice a year with officials from the Department to discuss possible database improvements; (D) publishing, on a publicly available website, recommended database improvements following each meeting described in subparagraph (C)(ii); and (E) responding, on a publicly available website, to each recommendation published under subparagraph (D) as to whether or not the Department will implement the recommendation, including the rationale for either approving or rejecting the recommendation; (3) provide, every 90 days after the date of enactment of the DETERRENT Act , status updates on any pending or completed investigations and civil actions under subsection (a)(1) to— (A) the authorizing committees; and (B) any institution that is the subject of such investigation or action; (4) maintain, on a publicly accessible website— (A) a full comprehensive list of all foreign countries of concern and foreign entities of concern; and (B) the date on which the last update was made to such list; and (5) not later than 7 days after making an update to the list maintained in paragraph (4)(A), notify each institution required to comply with the sections listed in paragraph (1) of such update.", "id": "H4741C1BD14DC41BDAA2A93E346C6A438", "header": "Single point-of-Contact at the Department", "nested": [], "links": [ { "text": "chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "(c) Definitions \nFor purposes of sections 117, 117A, 117B, 117C, and this section: (1) Foreign country of concern \nThe term foreign country of concern includes the following: (A) A country that is a covered nation (as defined in section 4872(d) of title 10, United States Code). (B) Any country that the Secretary, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, determines to be engaged in conduct that is detrimental to the national security or foreign policy of the United States. (2) Foreign entity of concern \nThe term foreign entity of concern has the meaning given such term in section 10612(a) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19221(a) ) and includes a foreign entity that is identified on the list published under section 1286(c)(8)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 22 4001 note; Public Law 115–232 ). (3) Institution \nThe term institution means an institution of higher education (as such term is defined in section 102, other than an institution described in subsection (a)(1)(c) of such section).", "id": "H0960BB6570034664AC8A4BE401520266", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 19221(a)", "legal-doc": "usc", "parsable-cite": "usc/42/19221" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] } ], "links": [ { "text": "chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" }, { "text": "42 U.S.C. 19221(a)", "legal-doc": "usc", "parsable-cite": "usc/42/19221" }, { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] } ]

[ "Civil actions and liability", "Congressional oversight", "Contracts and agency", "Education programs funding", "Financial services and investments", "Government information and archives", "Government studies and investigations", "Higher education", "Subversive activities", "Teaching, teachers, curricula" ]

[ { "text": "1. Short title \nThis Act may be cited as the Future Logging Careers Act.", "id": "id9D6284A1EF0A429CAF10CAEE6F03411A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Child labor law exemptions for logging operations \nThe Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) is amended— (1) in section 3 ( 29 U.S.C. 203 ), by adding at the end the following: (z) Logging operation — (1) means— (A) a mechanized operation; (B) the bucking or converting of timber into logs, poles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts, or similar products; (C) the collecting, skidding, yarding, loading, transporting, or unloading of such products in connection with the activities described in this paragraph; (D) the constructing, repairing, or maintaining of— (i) roads or camps used in connection with the activities described in this paragraph; or (ii) machinery or equipment used in the activities described in this paragraph; or (E) any other work performed in connection with the activities described in this paragraph; and (2) does not include the manual use of chainsaws to fell or process timber or the use of cable skidders to bring the timber to the landing. (aa) Mechanized operation — (1) means the felling, skidding, yarding, loading, or processing of timber by equipment other than manually operated chainsaws or cable skidders; and (2) includes the use of whole tree processors, cut-to-length processors, stroke boom delimbers, wheeled and track feller-bunchers, pull-through delimbers, wheeled and track forwarders, chippers, grinders, mechanical debarkers, wheeled and track grapple skidders, yarders, bulldozers, excavators, and log loaders. ; and (2) in section 13(c) ( 29 U.S.C. 213(c) ), by adding at the end the following: (8) The provisions of section 12 relating to child labor shall apply to an employee who is 16 or 17 years old employed in a logging operation in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children ages 16 or 17, except where such employee is employed by his parent or by a person standing in the place of his parent in a logging operation owned or operated by such parent or person..", "id": "H52122890264848B080568CC3866DC7EC", "header": "Child labor law exemptions for logging operations", "nested": [], "links": [ { "text": "29 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/201" }, { "text": "29 U.S.C. 203", "legal-doc": "usc", "parsable-cite": "usc/29/203" }, { "text": "29 U.S.C. 213(c)", "legal-doc": "usc", "parsable-cite": "usc/29/213" } ] } ]

[ "Child safety and welfare", "Family relationships", "Forests, forestry, trees", "Labor standards", "Worker safety and health", "Youth employment and child labor" ]

[ { "text": "1. Short title \nThis Act may be cited as the Department of Defense Improved Hiring Act.", "id": "id0659CF8B14794DD18D53EE036872C8E3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Making permanent the direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation \n(a) Codification of section 1125 of FY 2017 NDAA \nChapter 81 of title 10, United States Code, is amended by adding at the end a new section consisting of— (1) a heading as follows: 1599j. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation \n; and (2) a text consisting of the text of section 1125 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 note prec.). (b) Conforming amendments in connection with codification \nSection 1599j of title 10, United States Code, as added by subsection (a), is amended— (1) in subsection (a)— (A) by striking During each of fiscal years 2017 through 2025, the Secretary and inserting The Secretary ; and (B) by striking United States Code, ; and (2) in subsection (b)— (A) by striking During fiscal years 2017 through 2021, the Secretary and inserting The Secretary ; and (B) by striking United States Code,. (c) Clerical amendment \nThe table of sections at the beginning of chapter 81 of such title is amended by adding at the end the following new item: 1599j. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation.. (d) Conforming repeal \nSection 1125 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 note prec.) is repealed.", "id": "idAA29B4CC4D4F4D9298148DCF9AD7DC4D", "header": "Making permanent the direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation", "nested": [ { "text": "(a) Codification of section 1125 of FY 2017 NDAA \nChapter 81 of title 10, United States Code, is amended by adding at the end a new section consisting of— (1) a heading as follows: 1599j. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation \n; and (2) a text consisting of the text of section 1125 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 note prec.).", "id": "id7AE3DA2FE7CB46F59B34D95F4BC804D8", "header": "Codification of section 1125 of FY 2017 NDAA", "nested": [], "links": [ { "text": "Chapter 81", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/81" }, { "text": "10 U.S.C. 1580", "legal-doc": "usc", "parsable-cite": "usc/10/1580" } ] }, { "text": "(b) Conforming amendments in connection with codification \nSection 1599j of title 10, United States Code, as added by subsection (a), is amended— (1) in subsection (a)— (A) by striking During each of fiscal years 2017 through 2025, the Secretary and inserting The Secretary ; and (B) by striking United States Code, ; and (2) in subsection (b)— (A) by striking During fiscal years 2017 through 2021, the Secretary and inserting The Secretary ; and (B) by striking United States Code,.", "id": "idA9C080C9B7984C4AAD3BCAE6A080EFE6", "header": "Conforming amendments in connection with codification", "nested": [], "links": [] }, { "text": "(c) Clerical amendment \nThe table of sections at the beginning of chapter 81 of such title is amended by adding at the end the following new item: 1599j. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation..", "id": "id041D20A65BEB4A24B64C4CF48882A938", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(d) Conforming repeal \nSection 1125 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 note prec.) is repealed.", "id": "id925FE91524E3492A93491270B9AFB0CE", "header": "Conforming repeal", "nested": [], "links": [ { "text": "10 U.S.C. 1580", "legal-doc": "usc", "parsable-cite": "usc/10/1580" } ] } ], "links": [ { "text": "Chapter 81", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/81" }, { "text": "10 U.S.C. 1580", "legal-doc": "usc", "parsable-cite": "usc/10/1580" }, { "text": "10 U.S.C. 1580", "legal-doc": "usc", "parsable-cite": "usc/10/1580" } ] }, { "text": "1599j. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation", "id": "id746B50E1BE664CF58423FEB1A6BA3D4C", "header": "Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation", "nested": [], "links": [] } ]

[ "Department of Defense", "Employee hiring", "Government employee pay, benefits, personnel management", "Military facilities and property" ]

[ { "text": "1. Short title \nThis Act may be cited as the Stephanie Tubbs Jones Uterine Fibroid Research and Education Act of 2023.", "id": "H3426AEDFC68D49E8825E7154FB52137C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds as follows: (1) It is estimated that 20 percent to 50 percent of women of reproductive age currently have uterine fibroids, and up to 77 percent of women will develop fibroids before menopause. (2) In the United States, an estimated 26,000,000 women between the ages of 15 and 50 have uterine fibroids, and approximately 15,000,000 of these individuals experience symptoms. Uterine fibroids may cause significant morbidity through their presence in the uterus and pelvic cavity, and symptoms can include pelvic pain, severe menstrual bleeding, iron-deficiency anemia, fatigue, bladder or bowel dysfunction, infertility, and pregnancy complications and loss. (3) The pain, discomfort, stress, and other physical and emotional symptoms of living with fibroids may significantly interfere with a woman’s quality of life, compromising her ability to function normally or work or care for her family, and may lead to more severe health and wellness issues. (4) Most women will experience uterine fibroids by the age of 50, yet few data exist describing the overall patient experience with fibroids. (5) Many people with fibroids are likely undiagnosed. Patients wait on average 3.6 years before seeking treatment, and over 40 percent of patients see 2 or more health care providers prior to receiving a diagnosis, underscoring the need for improved awareness and education. (6) People of color are more likely to develop uterine fibroids. It is estimated that more than 80 percent of Black women and about 70 percent of White women develop fibroids by the time they reach menopause. Black individuals with fibroids have also been shown to have more severe symptoms and develop early-onset uterine fibroids that develop into larger tumors. (7) Current research and available data do not provide adequate information on the prevalence and incidence of fibroids in Asian, Hispanic, and Black individuals. (8) Symptomatic uterine fibroids can cause reproductive problems, including infertility. People with uterine fibroids are much more likely to miscarry during early pregnancy than people without them. (9) According to the Evidence Report Summary on the Management of Uterine Fibroids, as compiled by the Agency for Healthcare Research and Quality of the Department of Health and Human Services, there is a remarkable lack of high-quality evidence supporting the effectiveness of most interventions for symptomatic fibroids. (10) Most medical options for managing fibroid symptoms regulate or suppress menstruation and prevent pregnancy. There is a great need for minimally invasive, fertility-friendly therapies, as well as biomarkers, imaging assessments, or risk-based algorithms that can help predict patient response to therapy. (11) The presence of symptomatic uterine fibroids is the most common reason for hysterectomies, accounting for 39 percent of hysterectomies annually in the United States. Approximately 42 per 1,000 women are hospitalized annually because of uterine fibroids, but Black patients have higher rates of hospitalization, hysterectomies, and myomectomies compared to White women. Uterine fibroids are also the leading cause of hospitalization related to a gynecological disorder. (12) The personal and societal costs of uterine fibroids in the United States are significant. Uterine fibroid tumors have been estimated to cost the United States $5,900,000,000 to $34,400,000,000 annually. The annual direct costs, including surgery, hospital admissions, outpatient visits, and medications, were estimated at $4,100,000,000 to $9,400,000,000 annually. Estimated lost work-hour costs ranged from $1,550,000,000 to $17,200,000,000 annually. Obstetric outcomes that were attributed to fibroid tumors resulted in costs of $238,000,000 to $7,760,000,000 annually. (13) At the Federal level, uterine fibroid research remains drastically underfunded as compared to patient disease burden. In 2019, fibroid research received about $17,000,000 in funding from the National Institutes of Health, putting it in the bottom 50 of 292 funded conditions.", "id": "H7B84005BEF2149D5A8FC34331D157B49", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Research with respect to uterine fibroids \n(a) Research \nThe Secretary of Health and Human Services (referred to in this Act as the Secretary ) shall expand, intensify, and coordinate programs for the conduct and support of research with respect to uterine fibroids. (b) Administration and coordination \nThe Secretary shall carry out the conduct and support of research pursuant to subsection (a), in coordination with the appropriate institutes, offices, and centers of the National Institutes of Health and any other relevant Federal agency, as determined by the Director of the National Institutes of Health. (c) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2024 through 2028.", "id": "HC824F90EB0504D5F84F530EF9B6A0019", "header": "Research with respect to uterine fibroids", "nested": [ { "text": "(a) Research \nThe Secretary of Health and Human Services (referred to in this Act as the Secretary ) shall expand, intensify, and coordinate programs for the conduct and support of research with respect to uterine fibroids.", "id": "H701AD65B3DFA41A69A61EDBE793D8684", "header": "Research", "nested": [], "links": [] }, { "text": "(b) Administration and coordination \nThe Secretary shall carry out the conduct and support of research pursuant to subsection (a), in coordination with the appropriate institutes, offices, and centers of the National Institutes of Health and any other relevant Federal agency, as determined by the Director of the National Institutes of Health.", "id": "H843CD537CA104CB7898DD782EAE862AD", "header": "Administration and coordination", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2024 through 2028.", "id": "HC6BF6A59EEBB400382E18B205BABB710", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Research with respect to Medicaid coverage of uterine fibroids treatment \n(a) Research \nThe Secretary (or the Secretary’s designee) shall establish a research database, or expand an existing research database, to collect data on services furnished to individuals diagnosed with uterine fibroids under a State plan (or a waiver of such a plan) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or under a State child health plan (or a waiver of such a plan) under the Children’s Health Insurance Program under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ) for the treatment of such fibroids for purposes of assessing the frequency at which such individuals are furnished such services. (b) Report \n(1) In general \nNot later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the amount of Federal and State expenditures with respect to services furnished for the treatment of uterine fibroids under State plans (or waivers of such plans) under the Medicaid program under such title XIX and State child health plans (or waivers of such plans) under the Children’s Health Insurance Program under such title XXI. (2) Coordination \nThe Secretary shall coordinate the development and submission of the report required under paragraph (1) with any other relevant Federal agency, as determined by the Secretary.", "id": "H1CE4976BF15E446C93BBF69015B37D39", "header": "Research with respect to Medicaid coverage of uterine fibroids treatment", "nested": [ { "text": "(a) Research \nThe Secretary (or the Secretary’s designee) shall establish a research database, or expand an existing research database, to collect data on services furnished to individuals diagnosed with uterine fibroids under a State plan (or a waiver of such a plan) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or under a State child health plan (or a waiver of such a plan) under the Children’s Health Insurance Program under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ) for the treatment of such fibroids for purposes of assessing the frequency at which such individuals are furnished such services.", "id": "H0F83F77E385344408EA21E2D7A01A87B", "header": "Research", "nested": [], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1397aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1397aa" } ] }, { "text": "(b) Report \n(1) In general \nNot later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the amount of Federal and State expenditures with respect to services furnished for the treatment of uterine fibroids under State plans (or waivers of such plans) under the Medicaid program under such title XIX and State child health plans (or waivers of such plans) under the Children’s Health Insurance Program under such title XXI. (2) Coordination \nThe Secretary shall coordinate the development and submission of the report required under paragraph (1) with any other relevant Federal agency, as determined by the Secretary.", "id": "H056EB93EEAD04C24816FE44C24D9AAF9", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1397aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1397aa" } ] }, { "text": "5. Education and dissemination of information with respect to uterine fibroids \n(a) Uterine fibroids public education program \nThe Secretary shall develop and disseminate to the public information regarding uterine fibroids, including information on— (1) the awareness, incidence, and prevalence of uterine fibroids among individuals, including all minority individuals; (2) the elevated risk for minority individuals to develop uterine fibroids; and (3) the availability, as medically appropriate, of the range of treatment options for symptomatic uterine fibroids, including non-hysterectomy treatments and procedures. (b) Dissemination of information \nThe Secretary may disseminate information under subsection (a) directly or through arrangements with intra-agency initiatives, nonprofit organizations, consumer groups, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) , or Federal, State, or local public private partnerships. (c) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2028.", "id": "HD147F57C57F54F03A4EB0569F10487AD", "header": "Education and dissemination of information with respect to uterine fibroids", "nested": [ { "text": "(a) Uterine fibroids public education program \nThe Secretary shall develop and disseminate to the public information regarding uterine fibroids, including information on— (1) the awareness, incidence, and prevalence of uterine fibroids among individuals, including all minority individuals; (2) the elevated risk for minority individuals to develop uterine fibroids; and (3) the availability, as medically appropriate, of the range of treatment options for symptomatic uterine fibroids, including non-hysterectomy treatments and procedures.", "id": "H998789BD77D946198554AEA88718B239", "header": "Uterine fibroids public education program", "nested": [], "links": [] }, { "text": "(b) Dissemination of information \nThe Secretary may disseminate information under subsection (a) directly or through arrangements with intra-agency initiatives, nonprofit organizations, consumer groups, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) , or Federal, State, or local public private partnerships.", "id": "HBDDCA17F254C408389CFF262116691A4", "header": "Dissemination of information", "nested": [], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "(c) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2028.", "id": "HBBD16E68A4FF413FADB8EE11CF0FB090", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "6. Information to health care providers with respect to uterine fibroids \n(a) Dissemination of information \nThe Secretary shall, in consultation and in accordance with guidelines from relevant medical societies, work with health care-related specialty societies and health systems to promote evidence-based care for individuals with fibroids. Such efforts shall include minority individuals who have an elevated risk to develop uterine fibroids and the range of available options for the treatment of symptomatic uterine fibroids, including non-hysterectomy drugs and devices approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ). (b) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2028.", "id": "H618F1C4C5D43426382CA158EF6EFBE2D", "header": "Information to health care providers with respect to uterine fibroids", "nested": [ { "text": "(a) Dissemination of information \nThe Secretary shall, in consultation and in accordance with guidelines from relevant medical societies, work with health care-related specialty societies and health systems to promote evidence-based care for individuals with fibroids. Such efforts shall include minority individuals who have an elevated risk to develop uterine fibroids and the range of available options for the treatment of symptomatic uterine fibroids, including non-hysterectomy drugs and devices approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ).", "id": "H0C35301495B84920AF387B093103872C", "header": "Dissemination of information", "nested": [], "links": [ { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" } ] }, { "text": "(b) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2028.", "id": "H4AF55E52146F46A78C776DA0FDEB1760", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" } ] }, { "text": "7. Definition \nIn this Act, the term minority individuals means individuals who are members of a racial and ethnic minority group, as defined in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(g) ).", "id": "H8E721320B74D4F329070DB89AFA5F45B", "header": "Definition", "nested": [], "links": [ { "text": "42 U.S.C. 300u–6(g)", "legal-doc": "usc", "parsable-cite": "usc/42/300u-6" } ] } ]

[ "Congressional oversight", "Health care coverage and access", "Health personnel", "Health promotion and preventive care", "Health technology, devices, supplies", "Medicaid", "Medical research", "Minority health", "Prescription drugs", "Research administration and funding", "Sex and reproductive health", "Women's health" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Universal School Meals Program Act of 2023. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Effective date. TITLE I—School Breakfast Program Sec. 101. Free school breakfast program. TITLE II—School Lunch Program Sec. 201. Apportionment to States. Sec. 202. Nutritional and other program requirements. Sec. 203. Special assistance program. Sec. 204. Price for a paid lunch. Sec. 205. Summer food service program for children. Sec. 206. Summer Electronic Benefit Transfer for Children Program. Sec. 207. Child and adult care food program. Sec. 208. Meals and supplements for children in afterschool care. Sec. 209. Pilot projects. Sec. 210. Fresh fruit and vegetable program. Sec. 211. Training, technical assistance, and Food Service Management Institute. Sec. 212. Reimbursement of school meal delinquent debt program. Sec. 213. Conforming amendments. TITLE III—Elementary and Secondary Education Data Sec. 301. Measure of poverty. TITLE IV—Amendments to Other Programs and Laws Sec. 401. Supplemental nutrition assistance program. Sec. 402. Higher Education Act of 1965. Sec. 403. Elementary and Secondary Education Act of 1965. Sec. 404. America COMPETES Act. Sec. 405. Workforce Innovation and Opportunity Act. Sec. 406. National Science Foundation Authorization Act of 2002. Sec. 407. Child care and development block grant. Sec. 408. Children’s Health Act of 2000. Sec. 409. Juvenile justice and delinquency prevention.", "id": "H6BACB6CA444648D7968D6E8F1DCD8D1D", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Universal School Meals Program Act of 2023.", "id": "H2758A67B6AB447C2A183C7BAA9665E7E", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Effective date. TITLE I—School Breakfast Program Sec. 101. Free school breakfast program. TITLE II—School Lunch Program Sec. 201. Apportionment to States. Sec. 202. Nutritional and other program requirements. Sec. 203. Special assistance program. Sec. 204. Price for a paid lunch. Sec. 205. Summer food service program for children. Sec. 206. Summer Electronic Benefit Transfer for Children Program. Sec. 207. Child and adult care food program. Sec. 208. Meals and supplements for children in afterschool care. Sec. 209. Pilot projects. Sec. 210. Fresh fruit and vegetable program. Sec. 211. Training, technical assistance, and Food Service Management Institute. Sec. 212. Reimbursement of school meal delinquent debt program. Sec. 213. Conforming amendments. TITLE III—Elementary and Secondary Education Data Sec. 301. Measure of poverty. TITLE IV—Amendments to Other Programs and Laws Sec. 401. Supplemental nutrition assistance program. Sec. 402. Higher Education Act of 1965. Sec. 403. Elementary and Secondary Education Act of 1965. Sec. 404. America COMPETES Act. Sec. 405. Workforce Innovation and Opportunity Act. Sec. 406. National Science Foundation Authorization Act of 2002. Sec. 407. Child care and development block grant. Sec. 408. Children’s Health Act of 2000. Sec. 409. Juvenile justice and delinquency prevention.", "id": "HB03A5839B666476CB757202D55423528", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Effective date \nUnless otherwise provided, this Act, and the amendments made by this Act, shall take effect 1 year after the date of enactment of this Act.", "id": "idB64A7EA0DFB7449EAF782B17C481F51D", "header": "Effective date", "nested": [], "links": [] }, { "text": "101. Free school breakfast program \n(a) In general \nSection 4(a) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(a) ) is amended, in the first sentence— (1) by striking is hereby and inserting are ; and (2) by inserting to provide free breakfast to all children enrolled at those schools before in accordance. (b) Apportionment to States \nSection 4(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by striking subclause (II) and inserting the following: (II) the national average payment for free breakfasts, as specified in subparagraph (B). ; (B) by striking subparagraph (B) and inserting the following: (B) Payment amounts \n(i) In general \nThe national average payment for each free breakfast shall be $2.80, adjusted annually for inflation in accordance with clause (ii) and rounded in accordance with clause (iii). (ii) Inflation adjustment \n(I) In general \nThe annual inflation adjustment under clause (i) shall reflect changes in the cost of operating the free breakfast program under this section, as indicated by the change in the Consumer Price Index for food away from home for all urban consumers. (II) Basis \nEach inflation annual adjustment under clause (i) shall reflect the changes in the Consumer Price Index for food away from home for the most recent 12-month period for which that data is available. (iii) Rounding \nOn July 1, 2023, and annually thereafter, the national average payment rate for free breakfast shall be— (I) adjusted to the nearest lower-cent increment; and (II) based on the unrounded amounts for the preceding 12-month period. ; (C) by striking subparagraphs (C) and (E); and (D) by redesignating subparagraph (D) as subparagraph (C); (2) by striking paragraphs (2) and (3); (3) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and (4) in paragraph (3) (as so redesignated), by striking paragraph (3) or (4) and inserting paragraph (2). (c) State disbursement to schools \nSection 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) is amended by striking subsection (c) and inserting the following: (c) State disbursement to schools \nFunds apportioned and paid to any State for the purpose of this section shall be disbursed by the State educational agency to schools selected by the State educational agency to assist those schools in operating a breakfast program.. (d) No collection of debt \n(1) In general \nNotwithstanding any other provision of the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) or any other provision of law, effective beginning on the date of enactment of this Act, as a condition of participation in the breakfast program under section 4 of that Act ( 42 U.S.C. 1773 ), a school— (A) shall not collect any debt owed to the school for unpaid meal charges; and (B) shall continue to accrue debt for unpaid meal charges— (i) for the purpose of receiving reimbursement under section 212; and (ii) until the effective date specified in section 2. (2) Child Nutrition Act of 1966 \n(A) In general \nSection 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) is amended by striking subsection (d) and inserting the following: (d) No collection of debt \nA school participating in the free breakfast program under this section shall not collect any debt owed to the school for unpaid meal charges.. (B) Conforming amendment \nSection 23(a) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1793(a) ) is amended by striking school in severe need, as described in section 4(d)(1) and inserting the following: school— (1) that has a free breakfast program under section 4 or seeks to initiate a free breakfast program under that section; and (2) of which not less than 40 percent of the students are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )). (e) Nutritional and other program requirements \nSection 4(e) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(e) ) is amended— (1) in paragraph (1)(A), in the second sentence, by striking free or and all that follows through the period at the end and inserting free to all children enrolled at a school participating in the school breakfast program. ; and (2) in paragraph (2), in the second sentence, by striking the full charge to the student for a breakfast meeting the requirements of this section or. (f) Prohibition on breakfast shaming, meal denial \n(1) In general \nEffective beginning on the date of enactment of this Act, a school or school food authority— (A) shall not— (i) physically segregate for the purpose of debt shaming or otherwise discriminate against any child participating in the breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); or (ii) overtly identify a child described in clause (i) by a special token or ticket, an announced or published list of names, or any other means; and (B) shall provide the program meal to any child eligible under the program. (2) Child Nutrition Act of 1966 \nSection 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) is amended by adding at the end the following: (f) Prohibition on breakfast shaming \nA school or school food authority shall not— (1) physically segregate for the purpose of debt shaming or otherwise discriminate against any child participating in the free breakfast program under this section; or (2) overtly identify a child described in paragraph (1) by a special token or ticket, an announced or published list of names, or any other means.. (g) Department of Defense Overseas Dependents' Schools \nSection 20(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1789(b) ) is amended by striking by this section and all that follows through the period at the end and inserting by this section.. (h) Conforming amendments \nThe Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) is amended— (1) by striking or reduced price each place it appears; (2) by striking and reduced price each place it appears; and (3) by striking a reduced price each place it appears.", "id": "H7CEEDD2F5B4040B88E95C4D423A8C27D", "header": "Free school breakfast program", "nested": [ { "text": "(a) In general \nSection 4(a) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(a) ) is amended, in the first sentence— (1) by striking is hereby and inserting are ; and (2) by inserting to provide free breakfast to all children enrolled at those schools before in accordance.", "id": "H11F217AED28E4BF89CA48DC83860F31D", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1773(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1773" } ] }, { "text": "(b) Apportionment to States \nSection 4(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by striking subclause (II) and inserting the following: (II) the national average payment for free breakfasts, as specified in subparagraph (B). ; (B) by striking subparagraph (B) and inserting the following: (B) Payment amounts \n(i) In general \nThe national average payment for each free breakfast shall be $2.80, adjusted annually for inflation in accordance with clause (ii) and rounded in accordance with clause (iii). (ii) Inflation adjustment \n(I) In general \nThe annual inflation adjustment under clause (i) shall reflect changes in the cost of operating the free breakfast program under this section, as indicated by the change in the Consumer Price Index for food away from home for all urban consumers. (II) Basis \nEach inflation annual adjustment under clause (i) shall reflect the changes in the Consumer Price Index for food away from home for the most recent 12-month period for which that data is available. (iii) Rounding \nOn July 1, 2023, and annually thereafter, the national average payment rate for free breakfast shall be— (I) adjusted to the nearest lower-cent increment; and (II) based on the unrounded amounts for the preceding 12-month period. ; (C) by striking subparagraphs (C) and (E); and (D) by redesignating subparagraph (D) as subparagraph (C); (2) by striking paragraphs (2) and (3); (3) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and (4) in paragraph (3) (as so redesignated), by striking paragraph (3) or (4) and inserting paragraph (2).", "id": "H04CD019DB559453C8922B2E1D94596CF", "header": "Apportionment to States", "nested": [], "links": [ { "text": "42 U.S.C. 1773(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1773" } ] }, { "text": "(c) State disbursement to schools \nSection 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) is amended by striking subsection (c) and inserting the following: (c) State disbursement to schools \nFunds apportioned and paid to any State for the purpose of this section shall be disbursed by the State educational agency to schools selected by the State educational agency to assist those schools in operating a breakfast program..", "id": "HC6DC1ECD3380413EB039DAB40D62C31C", "header": "State disbursement to schools", "nested": [], "links": [ { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" } ] }, { "text": "(d) No collection of debt \n(1) In general \nNotwithstanding any other provision of the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) or any other provision of law, effective beginning on the date of enactment of this Act, as a condition of participation in the breakfast program under section 4 of that Act ( 42 U.S.C. 1773 ), a school— (A) shall not collect any debt owed to the school for unpaid meal charges; and (B) shall continue to accrue debt for unpaid meal charges— (i) for the purpose of receiving reimbursement under section 212; and (ii) until the effective date specified in section 2. (2) Child Nutrition Act of 1966 \n(A) In general \nSection 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) is amended by striking subsection (d) and inserting the following: (d) No collection of debt \nA school participating in the free breakfast program under this section shall not collect any debt owed to the school for unpaid meal charges.. (B) Conforming amendment \nSection 23(a) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1793(a) ) is amended by striking school in severe need, as described in section 4(d)(1) and inserting the following: school— (1) that has a free breakfast program under section 4 or seeks to initiate a free breakfast program under that section; and (2) of which not less than 40 percent of the students are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )).", "id": "H5306CEA19B994C8694BAB7517FABA1A0", "header": "No collection of debt", "nested": [], "links": [ { "text": "42 U.S.C. 1771 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1771" }, { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "42 U.S.C. 1793(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1793" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" } ] }, { "text": "(e) Nutritional and other program requirements \nSection 4(e) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(e) ) is amended— (1) in paragraph (1)(A), in the second sentence, by striking free or and all that follows through the period at the end and inserting free to all children enrolled at a school participating in the school breakfast program. ; and (2) in paragraph (2), in the second sentence, by striking the full charge to the student for a breakfast meeting the requirements of this section or.", "id": "HEF619B45034B402DBA952EFD33344277", "header": "Nutritional and other program requirements", "nested": [], "links": [ { "text": "42 U.S.C. 1773(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1773" } ] }, { "text": "(f) Prohibition on breakfast shaming, meal denial \n(1) In general \nEffective beginning on the date of enactment of this Act, a school or school food authority— (A) shall not— (i) physically segregate for the purpose of debt shaming or otherwise discriminate against any child participating in the breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); or (ii) overtly identify a child described in clause (i) by a special token or ticket, an announced or published list of names, or any other means; and (B) shall provide the program meal to any child eligible under the program. (2) Child Nutrition Act of 1966 \nSection 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) is amended by adding at the end the following: (f) Prohibition on breakfast shaming \nA school or school food authority shall not— (1) physically segregate for the purpose of debt shaming or otherwise discriminate against any child participating in the free breakfast program under this section; or (2) overtly identify a child described in paragraph (1) by a special token or ticket, an announced or published list of names, or any other means..", "id": "id1900756E4DA64805940D4A2B9A0704D6", "header": "Prohibition on breakfast shaming, meal denial", "nested": [], "links": [ { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" } ] }, { "text": "(g) Department of Defense Overseas Dependents' Schools \nSection 20(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1789(b) ) is amended by striking by this section and all that follows through the period at the end and inserting by this section..", "id": "id0c2fdefe84184f8392f21c3b50ca91d8", "header": "Department of Defense Overseas Dependents' Schools", "nested": [], "links": [ { "text": "42 U.S.C. 1789(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1789" } ] }, { "text": "(h) Conforming amendments \nThe Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) is amended— (1) by striking or reduced price each place it appears; (2) by striking and reduced price each place it appears; and (3) by striking a reduced price each place it appears.", "id": "H43189B53D3514048A876D2BAE35DFA0C", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 1771 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1771" } ] } ], "links": [ { "text": "42 U.S.C. 1773(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "42 U.S.C. 1773(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "42 U.S.C. 1771 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1771" }, { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "42 U.S.C. 1793(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1793" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" }, { "text": "42 U.S.C. 1773(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "42 U.S.C. 1789(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1789" }, { "text": "42 U.S.C. 1771 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1771" } ] }, { "text": "201. Apportionment to States \nSection 4(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1753(b) ) is amended— (1) by striking paragraph (2) and inserting the following: (2) Payment amounts \n(A) In general \nThe national average payment for each free lunch shall be $4.63, adjusted annually for inflation in accordance with subparagraph (C) and rounded in accordance with subparagraph (D). (B) Additional payment for local food \n(i) Definition of locally-sourced farm product \nIn this subparagraph, the term locally-sourced farm product means a farm product that— (I) is marketed to consumers— (aa) directly; or (bb) through intermediated channels (such as food hubs and cooperatives); and (II) with respect to the school food authority purchasing the farm product, is produced and distributed— (aa) in the State in which the school food authority is located; or (bb) not more than 250 miles from the location of the school food authority. (ii) Additional payment eligibility \nDuring a school year, a school food authority shall receive an additional payment described in clause (iii) if the State certifies that the school food authority served meals (including breakfasts, lunches, suppers, and supplements) during the last school year of which not less than 25 percent were made with locally-sourced farm products. (iii) Payment amount \n(I) In general \nThe additional payment amount under this subparagraph shall be— (aa) $0.30 for each free lunch and supper; (bb) $0.21 for each free breakfast; and (cc) $0.08 for each free supplement. (II) Adjustments \nEach additional payment amount under subclause (I) shall be adjusted annually in accordance with subparagraph (C) and rounded in accordance with subparagraph (D). (iv) Disbursement \nThe State agency shall disburse funds made available under this clause to school food authorities eligible to receive additional reimbursement. (C) Inflation adjustment \n(i) In general \nThe annual inflation adjustment under subparagraphs (A) and (B)(iii) shall reflect changes in the cost of operating the free lunch program under this Act, as indicated by the change in the Consumer Price Index for food away from home for all urban consumers. (ii) Basis \nEach annual inflation adjustment under subparagraphs (A) and (B)(iii) shall reflect the changes in the Consumer Price Index for food away from home for the most recent 12-month period for which that data is available. (D) Rounding \nOn July 1, 2023, and annually thereafter, the national average payment rate for free lunch and the additional payment amount for free breakfast, lunch, supper, and supplement under subparagraph (B) shall be— (i) adjusted to the nearest lower-cent increment; and (ii) based on the unrounded amounts for the preceding 12-month period. ; and (2) by striking paragraph (3).", "id": "HADBF079C95824947BE2F8B2348EAA180", "header": "Apportionment to States", "nested": [], "links": [ { "text": "42 U.S.C. 1753(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1753" } ] }, { "text": "202. Nutritional and other program requirements \n(a) Elimination of free lunch eligibility requirements \n(1) In general \nSection 9 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758 ) is amended by striking subsection (b) and inserting the following: (b) Eligibility \nAll children enrolled in a school that participates in the school lunch program under this Act shall be eligible to receive free lunch under this Act.. (2) Conforming amendments \n(A) Section 9 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758 ) is amended— (i) in subsection (c), in the third sentence, by striking or at a reduced cost ; and (ii) in subsection (e), by striking , reduced price,. (B) Section 28 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769i ) is amended— (i) by striking subsection (b); and (ii) by redesignating subsection (c) as subsection (b). (C) Section 17(d)(2)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(2)(A) ) is amended— (i) by striking clause (i); and (ii) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (D) Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended by striking paragraph (7) and inserting the following: (7) provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the plan;. (E) Section 1154(a)(2)(A)(i) of title 10, United States Code, is amended by striking in accordance with section 9(b)(1) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(1). (F) Section 4301 of the Food, Conservation, and Energy Act of 2008 ( 42 U.S.C. 1758a ) is repealed. (b) No collection of debt \n(1) In general \nNotwithstanding any other provision of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or any other provision of law, effective beginning on the date of enactment of this Act, as a condition of participation in the school lunch program under that Act, a school— (A) shall not collect any debt owed to the school for unpaid meal charges; and (B) shall continue to accrue debt for unpaid meal charges— (i) for the purpose of receiving reimbursement under section 212; and (ii) until the effective date specified in section 2. (2) National School Lunch Act \nSection 9 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758 ) is amended by striking subsection (d) and inserting the following: (d) No collection of debt \nA school participating in the school lunch program under this Act shall not collect any debt owed to the school for unpaid meal charges..", "id": "HE91BD4475F1149748FF0D6F3991C7F42", "header": "Nutritional and other program requirements", "nested": [ { "text": "(a) Elimination of free lunch eligibility requirements \n(1) In general \nSection 9 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758 ) is amended by striking subsection (b) and inserting the following: (b) Eligibility \nAll children enrolled in a school that participates in the school lunch program under this Act shall be eligible to receive free lunch under this Act.. (2) Conforming amendments \n(A) Section 9 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758 ) is amended— (i) in subsection (c), in the third sentence, by striking or at a reduced cost ; and (ii) in subsection (e), by striking , reduced price,. (B) Section 28 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769i ) is amended— (i) by striking subsection (b); and (ii) by redesignating subsection (c) as subsection (b). (C) Section 17(d)(2)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(2)(A) ) is amended— (i) by striking clause (i); and (ii) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (D) Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended by striking paragraph (7) and inserting the following: (7) provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the plan;. (E) Section 1154(a)(2)(A)(i) of title 10, United States Code, is amended by striking in accordance with section 9(b)(1) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(1). (F) Section 4301 of the Food, Conservation, and Energy Act of 2008 ( 42 U.S.C. 1758a ) is repealed.", "id": "H4FAADAD6258848F4B53C73B9A5DA8598", "header": "Elimination of free lunch eligibility requirements", "nested": [], "links": [ { "text": "42 U.S.C. 1758", "legal-doc": "usc", "parsable-cite": "usc/42/1758" }, { "text": "42 U.S.C. 1758", "legal-doc": "usc", "parsable-cite": "usc/42/1758" }, { "text": "42 U.S.C. 1769i", "legal-doc": "usc", "parsable-cite": "usc/42/1769i" }, { "text": "42 U.S.C. 1786(d)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1786" }, { "text": "42 U.S.C. 1396a(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1758(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1758" }, { "text": "42 U.S.C. 1758a", "legal-doc": "usc", "parsable-cite": "usc/42/1758a" } ] }, { "text": "(b) No collection of debt \n(1) In general \nNotwithstanding any other provision of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or any other provision of law, effective beginning on the date of enactment of this Act, as a condition of participation in the school lunch program under that Act, a school— (A) shall not collect any debt owed to the school for unpaid meal charges; and (B) shall continue to accrue debt for unpaid meal charges— (i) for the purpose of receiving reimbursement under section 212; and (ii) until the effective date specified in section 2. (2) National School Lunch Act \nSection 9 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758 ) is amended by striking subsection (d) and inserting the following: (d) No collection of debt \nA school participating in the school lunch program under this Act shall not collect any debt owed to the school for unpaid meal charges..", "id": "id818D611E8CD243C0BCE515A85A2063CF", "header": "No collection of debt", "nested": [], "links": [ { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" }, { "text": "42 U.S.C. 1758", "legal-doc": "usc", "parsable-cite": "usc/42/1758" } ] } ], "links": [ { "text": "42 U.S.C. 1758", "legal-doc": "usc", "parsable-cite": "usc/42/1758" }, { "text": "42 U.S.C. 1758", "legal-doc": "usc", "parsable-cite": "usc/42/1758" }, { "text": "42 U.S.C. 1769i", "legal-doc": "usc", "parsable-cite": "usc/42/1769i" }, { "text": "42 U.S.C. 1786(d)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1786" }, { "text": "42 U.S.C. 1396a(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1758(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1758" }, { "text": "42 U.S.C. 1758a", "legal-doc": "usc", "parsable-cite": "usc/42/1758a" }, { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" }, { "text": "42 U.S.C. 1758", "legal-doc": "usc", "parsable-cite": "usc/42/1758" } ] }, { "text": "203. Special assistance program \n(a) In general \nSection 11 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a ) is repealed. (b) Conforming amendments \n(1) Section 6 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1755 ) is amended— (A) in subsection (a)(2), by striking sections 11 and 13 and inserting section 13 ; and (B) in subsection (e)(1), in the matter preceding subparagraph (A), by striking section 4, this section, and section 11 and inserting this section and section 4. (2) Section 7(d) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1756(d) ) is amended by striking or 11. (3) Section 8(g) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1757(g) ) is amended by striking and under section 11 of this Act. (4) Section 12(f) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(f) ) is amended by striking 11,. (5) Section 7(a) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1766(a) ) is amended— (A) in paragraph (1)(A), by striking 4, 11, and 17 and inserting 4 and 17 ; and (B) in paragraph (2)(A), by striking sections 4 and 11 and inserting section 4. (6) Section 1101(j)(3) of the Families First Coronavirus Response Act ( 7 U.S.C. 2011 note; Public Law 116–127 ) is amended— (A) by striking or served under section 11(a)(1) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(d) , 1759(a)(1)) and inserting of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(d) ) ; and (B) by striking or reduced price.", "id": "HDE0BF495C9B14E11B2F19FF538EB96FD", "header": "Special assistance program", "nested": [ { "text": "(a) In general \nSection 11 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a ) is repealed.", "id": "id026CE50813E04EFD98983ED6356BB4C5", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1759a", "legal-doc": "usc", "parsable-cite": "usc/42/1759a" } ] }, { "text": "(b) Conforming amendments \n(1) Section 6 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1755 ) is amended— (A) in subsection (a)(2), by striking sections 11 and 13 and inserting section 13 ; and (B) in subsection (e)(1), in the matter preceding subparagraph (A), by striking section 4, this section, and section 11 and inserting this section and section 4. (2) Section 7(d) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1756(d) ) is amended by striking or 11. (3) Section 8(g) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1757(g) ) is amended by striking and under section 11 of this Act. (4) Section 12(f) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(f) ) is amended by striking 11,. (5) Section 7(a) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1766(a) ) is amended— (A) in paragraph (1)(A), by striking 4, 11, and 17 and inserting 4 and 17 ; and (B) in paragraph (2)(A), by striking sections 4 and 11 and inserting section 4. (6) Section 1101(j)(3) of the Families First Coronavirus Response Act ( 7 U.S.C. 2011 note; Public Law 116–127 ) is amended— (A) by striking or served under section 11(a)(1) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(d) , 1759(a)(1)) and inserting of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(d) ) ; and (B) by striking or reduced price.", "id": "idF0CC4FE50FBA433CA25864B15AAD3143", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 1755", "legal-doc": "usc", "parsable-cite": "usc/42/1755" }, { "text": "42 U.S.C. 1756(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1756" }, { "text": "42 U.S.C. 1757(g)", "legal-doc": "usc", "parsable-cite": "usc/42/1757" }, { "text": "42 U.S.C. 1760(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1760" }, { "text": "42 U.S.C. 1766(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1766" }, { "text": "7 U.S.C. 2011", "legal-doc": "usc", "parsable-cite": "usc/7/2011" }, { "text": "Public Law 116–127", "legal-doc": "public-law", "parsable-cite": "pl/116/127" }, { "text": "42 U.S.C. 1760(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1760" }, { "text": "42 U.S.C. 1760(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1760" } ] } ], "links": [ { "text": "42 U.S.C. 1759a", "legal-doc": "usc", "parsable-cite": "usc/42/1759a" }, { "text": "42 U.S.C. 1755", "legal-doc": "usc", "parsable-cite": "usc/42/1755" }, { "text": "42 U.S.C. 1756(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1756" }, { "text": "42 U.S.C. 1757(g)", "legal-doc": "usc", "parsable-cite": "usc/42/1757" }, { "text": "42 U.S.C. 1760(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1760" }, { "text": "42 U.S.C. 1766(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1766" }, { "text": "7 U.S.C. 2011", "legal-doc": "usc", "parsable-cite": "usc/7/2011" }, { "text": "Public Law 116–127", "legal-doc": "public-law", "parsable-cite": "pl/116/127" }, { "text": "42 U.S.C. 1760(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1760" }, { "text": "42 U.S.C. 1760(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1760" } ] }, { "text": "204. Price for a paid lunch \nSection 12 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760 ) is amended— (1) in subsection (l)(4)— (A) by striking subparagraph (D); and (B) by redesignating subparagraphs (E) through (M) as subparagraphs (D) through (L), respectively; (2) by striking subsection (p); and (3) by redesignating subsections (q) and (r) as subsections (p) and (q), respectively.", "id": "HA13F72C7557846FAB2BD5D2706C00D8C", "header": "Price for a paid lunch", "nested": [], "links": [ { "text": "42 U.S.C. 1760", "legal-doc": "usc", "parsable-cite": "usc/42/1760" } ] }, { "text": "205. Summer food service program for children \nSection 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A)(i)— (i) in subclause (I), by striking have been determined eligible for free or reduced price school meals under this Act and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) and inserting are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )) ; (ii) in subclause (II), by striking are eligible for free or reduced price school meals under this Act and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) and inserting are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )) ; (iii) in subclause (III)(bb), by striking meet the income standards for free or reduced price school meals under this Act and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) and inserting are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )) ; (iv) in subclause (IV), by striking are eligible for free or reduced price school meals under this Act and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) and inserting are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )) ; and (v) in subclause (V), by striking are eligible for free or reduced price school meals under this Act and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) and inserting are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )) ; (B) in paragraph (2), by adding at the end the following: (C) Waiver \nIf the Secretary determines that a program requirement under this section limits the access of children to meals served under this section, the Secretary may waive that program requirement. (D) Eligibility \nAll children shall be eligible to participate in the program under this section. ; (C) in paragraph (5), by striking only for and all that follows through the period at the end and inserting for meals served to all children. ; and (D) in paragraph (13)— (i) in subparagraph (C)(ii), by striking eligible for a free or reduced price lunch under this Act or a free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) and inserting an economically disadvantaged student (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )) ; and (ii) in subparagraph (D)(ii), by striking eligible for free or reduced price lunch under this Act or free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) and inserting economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )) ; (2) in subsection (b)(2), by striking may only serve and all that follows through migrant children ; (3) by striking subsection (c) and inserting the following: (c) Payments \n(1) In general \nPayments shall be made to service institutions for meals served— (A) during the months of May through September; (B) during school vacation at any time during an academic school year; (C) during a teacher in-service day; and (D) on days that school is closed due to a natural disaster, building repair, court order, or similar cause, as determined by the Secretary. (2) Limitation on payments \nA service institution shall receive payments under this section for not more than 3 meals and 1 supplement per child per day. ; and (4) in subsection (f)(3), by striking , except that and all that follows through section.", "id": "H5011937203324DAAB3A1717806B67D51", "header": "Summer food service program for children", "nested": [], "links": [ { "text": "42 U.S.C. 1761", "legal-doc": "usc", "parsable-cite": "usc/42/1761" }, { "text": "42 U.S.C. 1771 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1771" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" }, { "text": "42 U.S.C. 1771 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1771" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" }, { "text": "42 U.S.C. 1771 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1771" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" }, { "text": "42 U.S.C. 1771 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1771" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" }, { "text": "42 U.S.C. 1771 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1771" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" }, { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" }, { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" } ] }, { "text": "206. Summer Electronic Benefits Transfer for Children Program \nSection 13A of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1762 ) is amended— (1) in subsection (b)(2)(A)(i), by striking $40 and inserting $60 ; (2) in subsection (c)(1)— (A) in subparagraph (A), by striking directly certified and all that follows through this section and inserting an economically disadvantaged student (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )) ; (B) by striking subparagraph (B); and (C) by redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively; (3) in subsection (f)— (A) in paragraph (3), in the matter preceding subparagraph (A), by striking processes— and all that follows through to reliably in subparagraph (B) and inserting processes to reliably ; and (B) in paragraph (4), in the matter preceding subparagraph (A), by striking by— and all that follows through establishing in subparagraph (B) and inserting by establishing ; and (4) in subsection (h), by striking paragraph (2) and inserting the following: (2) Eligible child \nThe term eligible child means any child residing in a State or on land under the jurisdiction of a covered Indian Tribal organization that participates in the program established under this section..", "id": "HF87938422C1941949CEFB9332D942C39", "header": "Summer Electronic Benefits Transfer for Children Program", "nested": [], "links": [ { "text": "42 U.S.C. 1762", "legal-doc": "usc", "parsable-cite": "usc/42/1762" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" } ] }, { "text": "207. Child and adult care food program \nSection 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ) is amended— (1) in subsection (a)(2), by striking subparagraph (B) and inserting the following: (B) any other private organization providing nonresidential child care or day care outside school hours for school children; ; (2) by striking subsection (c) and inserting the following: (c) Free meals \nNotwithstanding any other provision of law— (1) all meals and supplements served under the program authorized under this section shall be provided for free to participants of the program; and (2) an institution that serves those meals and supplements shall be reimbursed— (A) in the case of breakfast, at the rate established for free breakfast under section 4(b)(1)(B)(i) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(b)(1)(B)(i) ); (B) in the case of lunch, at the rate established for free lunch under section 4(b)(2)(A); and (C) in the case of a supplemental meal, $1.20, adjusted for inflation in accordance with section 4(b)(2)(C). ; (3) in subsection (f)— (A) in paragraph (2), by striking subparagraph (B) and inserting the following: (B) Limitation to reimbursements \nAn institution may claim reimbursement under this paragraph for not more than 3 meals and 1 supplement per day per child. ; (B) by striking paragraph (3); and (C) by redesignating paragraph (4) as paragraph (3); (4) in subsection (o)— (A) by striking paragraph (4); and (B) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and (5) in subsection (r)— (A) in the subsection heading, by striking Program for at-risk school children and inserting Afterschool meal and snack program ; (B) by striking at-risk school each place it appears and inserting eligible ; (C) in paragraph (1)— (i) in the paragraph heading, by striking at-risk school and inserting eligible ; and (ii) in subparagraph (B), by striking operated and all that follows through the period at the end and inserting a period; and (D) in paragraph (4)(A), by striking only for and all that follows through the period at the end and inserting the following: for— (i) not more than 1 meal and 1 supplement per child per day served on a regular school day; and (ii) not more than 3 meals and 1 supplement per child per day served on any day other than a regular school day..", "id": "H73563A7388E94CE88534523C2944258B", "header": "Child and adult care food program", "nested": [], "links": [ { "text": "42 U.S.C. 1766", "legal-doc": "usc", "parsable-cite": "usc/42/1766" }, { "text": "42 U.S.C. 1773(b)(1)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1773" } ] }, { "text": "208. Meals and supplements for children in afterschool care \nSection 17A of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766a ) is amended— (1) in the section heading, by striking Meal supplements and inserting Meals and supplements ; (2) in subsection (a)(1), by striking meal supplements and inserting free meals and supplements ; (3) in subsection (b), by inserting meals and before supplements ; and (4) by striking subsection (c) and inserting the following: (c) Reimbursement \n(1) In general \n(A) Meals \nA free meal provided under this section to a child shall be reimbursed at a rate of $4.63, adjusted annually for inflation in accordance with paragraph (3)(A) and rounded in accordance with paragraph (3)(B). (B) Supplements \nA free supplement provided under this section to a child shall be reimbursed at the rate at which free supplements are reimbursed under section 17(c)(2)(C). (2) Limitation to reimbursements \nAn institution may claim reimbursement under this section for not more than 1 meal and 1 supplement per day per child served on a regular school day. (3) Inflation; rounding \n(A) Inflation adjustment \n(i) In general \nThe annual inflation adjustment under paragraph (1)(A) shall reflect changes in the cost of operating the program under this section, as indicated by the change in the Consumer Price Index for food away from home for all urban consumers. (ii) Basis \nEach inflation annual adjustment under paragraph (1)(A) shall reflect the changes in the Consumer Price Index for food away from home for the most recent 12-month period for which that data is available. (B) Rounding \nOn July 1, 2023, and annually thereafter, the reimbursement rate for a free meal under this section shall be— (i) adjusted to the nearest lower-cent increment; and (ii) based on the unrounded amounts for the preceding 12-month period..", "id": "H9C2A94F6F0E0449A9EB52B86A25D958B", "header": "Meals and supplements for children in afterschool care", "nested": [], "links": [ { "text": "42 U.S.C. 1766a", "legal-doc": "usc", "parsable-cite": "usc/42/1766a" } ] }, { "text": "209. Pilot projects \nSection 18 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769 ) is amended— (1) in subsection (g)(5), by striking subparagraph (B) and inserting the following: (B) serve a high proportion of economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )); ; (2) in subsection (h)(1)(A)(ii), by striking eligible for free or reduced price meals under this Act and inserting economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )) ; (3) by striking subsection (j); and (4) by redesignating subsection (k) as subsection (j).", "id": "HED99A5B5C6D149DF9FAE308E563047B4", "header": "Pilot projects", "nested": [], "links": [ { "text": "42 U.S.C. 1769", "legal-doc": "usc", "parsable-cite": "usc/42/1769" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" } ] }, { "text": "210. Fresh fruit and vegetable program \nSection 19(d) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769a(d) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking paragraph (2) of this subsection and ; (B) in subparagraph (A), in the matter preceding clause (i), by striking school— and all that follows through submits in clause (ii) and inserting school that submits ; (C) in subparagraph (B), by striking schools and all that follows through Act and inserting high-need schools (as defined in section 2211(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631(b) )) ; and (D) in subparagraph (D)— (i) by striking clause (i); and (ii) by redesignating clauses (ii) through (iv) as clauses (i) through (iii), respectively; and (2) by striking paragraphs (2) and (3) and inserting the following: (2) Outreach to high-need schools \nPrior to making decisions regarding school participation in the program, a State agency shall inform high-need schools (as defined in section 2211(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631(b) )), including Tribal schools, of the eligibility of the schools for the program..", "id": "HF26D5E4BB2E44DD086838FC32AE45DBB", "header": "Fresh fruit and vegetable program", "nested": [], "links": [ { "text": "42 U.S.C. 1769a(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1769a" }, { "text": "20 U.S.C. 6631(b)", "legal-doc": "usc", "parsable-cite": "usc/20/6631" }, { "text": "20 U.S.C. 6631(b)", "legal-doc": "usc", "parsable-cite": "usc/20/6631" } ] }, { "text": "211. Training, technical assistance, and Food Service Management Institute \nSection 21(a)(1)(B) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769b–1(a)(1)(B) ) is amended in the matter preceding clause (i) by striking certified to receive free or reduced price meals and inserting who are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )).", "id": "H4A14423B72F143FB9215CE28A98D49C6", "header": "Training, technical assistance, and Food Service Management Institute", "nested": [], "links": [ { "text": "42 U.S.C. 1769b–1(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1769b-1" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" } ] }, { "text": "212. Reimbursement of school meal delinquent debt program \n(a) Definitions \nIn this section: (1) Delinquent debt \nThe term delinquent debt means the debt owed by a parent or guardian of a child to a school— (A) as of the effective date specified in section 2; and (B) for meals served by the school under— (i) the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); (ii) the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); or (iii) both of the programs described in clauses (i) and (ii). (2) Program \nThe term program means the program established under subsection (b)(1). (3) Secretary \nThe term Secretary means the Secretary of Agriculture. (b) Reimbursement program \n(1) Establishment \nNot later than 60 days after the effective date specified in section 2, the Secretary shall establish a program under which the Secretary shall reimburse each school participating in a program described in clause (i) or (ii) of subsection (a)(1)(B) for all delinquent debt. (2) Form for reimbursement \nTo carry out the program, the Secretary shall design and distribute a form to State agencies to collect data on all delinquent debt in applicable schools in the State, grouped by school food authority. (3) Completion date \nThe Secretary shall provide all reimbursements under the program not later than 180 days after the effective date specified in section 2. (c) Report \nNot later than 2 years after the effective date specified in section 2, the Comptroller General of the United States shall submit to Congress and make publicly available a report that describes the successes and challenges of the program.", "id": "id756F8703CEC148829E3E230C5407FCB9", "header": "Reimbursement of school meal delinquent debt program", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Delinquent debt \nThe term delinquent debt means the debt owed by a parent or guardian of a child to a school— (A) as of the effective date specified in section 2; and (B) for meals served by the school under— (i) the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); (ii) the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); or (iii) both of the programs described in clauses (i) and (ii). (2) Program \nThe term program means the program established under subsection (b)(1). (3) Secretary \nThe term Secretary means the Secretary of Agriculture.", "id": "id7397C175F7754D29A74FC8C0AE21C75A", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" } ] }, { "text": "(b) Reimbursement program \n(1) Establishment \nNot later than 60 days after the effective date specified in section 2, the Secretary shall establish a program under which the Secretary shall reimburse each school participating in a program described in clause (i) or (ii) of subsection (a)(1)(B) for all delinquent debt. (2) Form for reimbursement \nTo carry out the program, the Secretary shall design and distribute a form to State agencies to collect data on all delinquent debt in applicable schools in the State, grouped by school food authority. (3) Completion date \nThe Secretary shall provide all reimbursements under the program not later than 180 days after the effective date specified in section 2.", "id": "id6975B8F70D454241BB431EE19B5173AF", "header": "Reimbursement program", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 2 years after the effective date specified in section 2, the Comptroller General of the United States shall submit to Congress and make publicly available a report that describes the successes and challenges of the program.", "id": "id85FAF019405F45D39A04B5FE62CE7585", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" } ] }, { "text": "213. Conforming amendments \nThe Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) is amended— (1) by striking or reduced price each place it appears; (2) by striking or a reduced price each place it appears; (3) by striking and reduced price each place it appears; and (4) by striking a reduced price each place it appears.", "id": "H42A763F8EEC14FB7ACD6D7F2C84C4A90", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" } ] }, { "text": "301. Measure of poverty \nSection 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) ) is amended— (1) in subparagraph (A), by striking the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and inserting the number of children from low-income backgrounds, identified under subparagraph (D) ; and (2) by adding at the end the following: (D) Identification of children from low-income backgrounds \n(i) In general \nA local educational agency or State agency, for the purpose of identifying children from low-income backgrounds enrolled in a school served by a local educational agency, may— (I) maintain a record, with respect to each student for whom the local educational agency provides a free public education that contains the information collected from the survey described in clause (iii); (II) distribute and collect a student survey based on the template developed under clause (iii) to identify children from low-income backgrounds; and (III) utilize direct certification data described in clause (iv)(I) to identify children from low-income backgrounds. (ii) Privacy \n(I) In general \nAll individual data collected under this subparagraph shall be protected by the local educational agency or State agency in a manner consistent with all applicable local, State, and Federal privacy laws. (II) Reporting data \nOnly aggregated data, which may include data disaggregated at the school, local educational agency, or State level, shall be reported to the Secretary at such time and in such manner as the Secretary may reasonably require. (iii) Survey \nNot later than 180 days after the date of enactment of the Universal School Meals Program Act of 2023 , the Secretary, in consultation with the Secretary of Agriculture, shall develop a template survey— (I) to identify children from low-income backgrounds that contains only the information necessary to identify a child as a child from a low-income background by using the criteria of eligibility for a free or reduced priced lunch under the Richard B. Russell National School Lunch Act, as such criteria were in effect on September 30, 2022; and (II) that shall be designed to be easily accessible and in a user-friendly manner. (iv) Transition authority from FRPL to ESEA measures \nThe Secretary, in coordination with the Secretary of Agriculture, shall have the authority to take such steps as are necessary to provide for the orderly transition to, and implementation of— (I) activities that are necessary for the continuity of direct certification carried out by local educational agencies and State agencies specified in paragraphs (4), (5), and (15) section 9(b) of the Richard B. Russell National School Lunch Act, as in effect on September 30, 2022, for the purposes of identifying any child eligible for free or reduced priced lunch under such Act, as in effect on such date, as a child from a low-income background; (II) procedures for verification of information collected under this subparagraph, which may include procedures modeled on the requirement specified in section 9(b)(3) of the Richard B. Russell National School Lunch Act, as in effect on September 30, 2022; and (III) data privacy provisions for information collected under this subparagraph, in accordance with the requirements specified in section 9(b)(6) of the Richard B. Russell National School Lunch Act, as in effect on September 30, 2022. (v) Special rule \nFor the purposes of subparagraph (A), a local educational agency may determine the number of children from low-income backgrounds enrolled in a school served by such agency using one or more of the following methods: (I) Results from surveys specified in clause (i)(II). (II) Direct certification data specified in clause (i)(III). (III) Utilization of both methods described in subclauses (I) and (II)..", "id": "id562DA0666BCC46F6BCCAC0CA514DD929", "header": "Measure of poverty", "nested": [], "links": [ { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" }, { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" } ] }, { "text": "401. Supplemental nutrition assistance program \n(a) Agreement for direct certification \n(1) In general \nSection 11 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020 ) is amended— (A) by striking subsection (u); and (B) by redesignating subsections (v) through (x) as subsections (u) through (w), respectively. (2) Conforming amendments \nSection 11(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e) ) is amended— (A) in paragraph (8)(F), by striking or subsection (u) ; and (B) in paragraph (26)(B), by striking (x) and inserting (w). (b) Nutrition education and obesity prevention grant program \nSection 28(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036a(a) ) is amended by striking paragraph (1) and inserting the following: (1) an individual eligible for benefits under this Act;.", "id": "HB4FC283843804C72A5F04E59C155282B", "header": "Supplemental nutrition assistance program", "nested": [ { "text": "(a) Agreement for direct certification \n(1) In general \nSection 11 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020 ) is amended— (A) by striking subsection (u); and (B) by redesignating subsections (v) through (x) as subsections (u) through (w), respectively. (2) Conforming amendments \nSection 11(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e) ) is amended— (A) in paragraph (8)(F), by striking or subsection (u) ; and (B) in paragraph (26)(B), by striking (x) and inserting (w).", "id": "H0220AD4D8D7F400884D967D7AD5663E3", "header": "Agreement for direct certification", "nested": [], "links": [ { "text": "7 U.S.C. 2020", "legal-doc": "usc", "parsable-cite": "usc/7/2020" }, { "text": "7 U.S.C. 2020(e)", "legal-doc": "usc", "parsable-cite": "usc/7/2020" } ] }, { "text": "(b) Nutrition education and obesity prevention grant program \nSection 28(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036a(a) ) is amended by striking paragraph (1) and inserting the following: (1) an individual eligible for benefits under this Act;.", "id": "HD01EB0F8D2E6442E892975A05CDC180B", "header": "Nutrition education and obesity prevention grant program", "nested": [], "links": [ { "text": "7 U.S.C. 2036a(a)", "legal-doc": "usc", "parsable-cite": "usc/7/2036a" } ] } ], "links": [ { "text": "7 U.S.C. 2020", "legal-doc": "usc", "parsable-cite": "usc/7/2020" }, { "text": "7 U.S.C. 2020(e)", "legal-doc": "usc", "parsable-cite": "usc/7/2020" }, { "text": "7 U.S.C. 2036a(a)", "legal-doc": "usc", "parsable-cite": "usc/7/2036a" } ] }, { "text": "402. Higher Education Act of 1965 \n(a) Teacher quality enhancement \nSubparagraph (A) of section 200(11) of the Higher Education Act of 1965 ( 20 U.S.C. 1021(11) ) is amended to read as follows: (A) In general \nThe term high-need school means a school that is in the highest quartile of schools in a ranking of all schools served by a local educational agency, ranked in descending order by percentage of students from low-income families enrolled in such schools, as determined by the local educational agency based on one of the following measures of poverty: (i) The percentage of students aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary. (ii) The percentage of students in families receiving assistance under the State program funded under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). (iii) The percentage of students eligible to receive medical assistance under the program of medical assistance established under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (iv) A composite of two or more of the measures described in clauses (i) through (iii).. (b) GEAR Up \nSubparagraph (A) of section 404B(d)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–22(d)(1) ) is amended to read as follows: (A) provide services under this chapter to at least one grade level of students, beginning not later than 7th grade, in a participating school— (i) that has a 7th grade; and (ii) in which— (I) at least 50 percent of the students enrolled are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965); or (II) if an eligible entity determines that it would promote the effectiveness of a program, an entire grade level of students, beginning not later than the 7th grade, reside in public housing, as defined in section 3(b)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(1) ).. (c) Simplified needs test \nSection 479(d)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1087ss(d)(2) ) is amended— (1) by striking subparagraph (C); and (2) by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively. (d) Early Federal Pell Grant commitment demonstration program \nSection 894(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1161y(b) ) is amended— (1) in paragraph (1)(B), by striking qualify for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) and inserting are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965) ; and (2) in paragraph (5), by striking eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) and inserting economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965).", "id": "H553D6EDC1EE1475791015DC387F0EF3E", "header": "Higher Education Act of 1965", "nested": [ { "text": "(a) Teacher quality enhancement \nSubparagraph (A) of section 200(11) of the Higher Education Act of 1965 ( 20 U.S.C. 1021(11) ) is amended to read as follows: (A) In general \nThe term high-need school means a school that is in the highest quartile of schools in a ranking of all schools served by a local educational agency, ranked in descending order by percentage of students from low-income families enrolled in such schools, as determined by the local educational agency based on one of the following measures of poverty: (i) The percentage of students aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary. (ii) The percentage of students in families receiving assistance under the State program funded under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). (iii) The percentage of students eligible to receive medical assistance under the program of medical assistance established under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (iv) A composite of two or more of the measures described in clauses (i) through (iii)..", "id": "H95CE641B91B046429D284F8E7765FAE0", "header": "Teacher quality enhancement", "nested": [], "links": [ { "text": "20 U.S.C. 1021(11)", "legal-doc": "usc", "parsable-cite": "usc/20/1021" }, { "text": "42 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/601" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" } ] }, { "text": "(b) GEAR Up \nSubparagraph (A) of section 404B(d)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–22(d)(1) ) is amended to read as follows: (A) provide services under this chapter to at least one grade level of students, beginning not later than 7th grade, in a participating school— (i) that has a 7th grade; and (ii) in which— (I) at least 50 percent of the students enrolled are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965); or (II) if an eligible entity determines that it would promote the effectiveness of a program, an entire grade level of students, beginning not later than the 7th grade, reside in public housing, as defined in section 3(b)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(1) )..", "id": "HD1F56242D7124F71AB4C9E5E057E30CA", "header": "GEAR Up", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–22(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-22" }, { "text": "42 U.S.C. 1437a(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1437a" } ] }, { "text": "(c) Simplified needs test \nSection 479(d)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1087ss(d)(2) ) is amended— (1) by striking subparagraph (C); and (2) by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively.", "id": "H5695C965E01C4236A2E18DF0D3476BAC", "header": "Simplified needs test", "nested": [], "links": [ { "text": "20 U.S.C. 1087ss(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1087ss" } ] }, { "text": "(d) Early Federal Pell Grant commitment demonstration program \nSection 894(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1161y(b) ) is amended— (1) in paragraph (1)(B), by striking qualify for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) and inserting are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965) ; and (2) in paragraph (5), by striking eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) and inserting economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965).", "id": "H994D1BAA929A4B29A03C85AFA0293A29", "header": "Early Federal Pell Grant commitment demonstration program", "nested": [], "links": [ { "text": "20 U.S.C. 1161y(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1161y" }, { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" }, { "text": "42 U.S.C. 1771 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1771" }, { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" }, { "text": "42 U.S.C. 1771 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1771" } ] } ], "links": [ { "text": "20 U.S.C. 1021(11)", "legal-doc": "usc", "parsable-cite": "usc/20/1021" }, { "text": "42 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/601" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "20 U.S.C. 1070a–22(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-22" }, { "text": "42 U.S.C. 1437a(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1437a" }, { "text": "20 U.S.C. 1087ss(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1087ss" }, { "text": "20 U.S.C. 1161y(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1161y" }, { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" }, { "text": "42 U.S.C. 1771 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1771" }, { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" }, { "text": "42 U.S.C. 1771 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1771" } ] }, { "text": "403. Elementary and Secondary Education Act of 1965 \n(a) Literacy education for all \nSection 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6641(b)(3)(B) ) is amended— (1) by striking clause (i); and (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (b) Grants for education innovation and research \nSection 4611(d)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7261(d)(2) ) is amended— (1) by striking subparagraph (B); and (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (c) Eligibility for heavily impacted local educational agencies \nItem (bb) of section 7003(b)(2)(B)(i)(III) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(b)(2)(B)(i)(III) ) is amended to read as follows: (bb) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 30 percent; and.", "id": "H9A2DA187912F46A0BA1718A1DC18F607", "header": "Elementary and Secondary Education Act of 1965", "nested": [ { "text": "(a) Literacy education for all \nSection 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6641(b)(3)(B) ) is amended— (1) by striking clause (i); and (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively.", "id": "HF755B28B1B0C402786B0B7D0993E5924", "header": "Literacy education for all", "nested": [], "links": [ { "text": "20 U.S.C. 6641(b)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/6641" } ] }, { "text": "(b) Grants for education innovation and research \nSection 4611(d)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7261(d)(2) ) is amended— (1) by striking subparagraph (B); and (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.", "id": "H4CC1609DD87A487E9D863DFE74F07B25", "header": "Grants for education innovation and research", "nested": [], "links": [ { "text": "20 U.S.C. 7261(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/7261" } ] }, { "text": "(c) Eligibility for heavily impacted local educational agencies \nItem (bb) of section 7003(b)(2)(B)(i)(III) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(b)(2)(B)(i)(III) ) is amended to read as follows: (bb) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 30 percent; and.", "id": "H0566A187911C498D97735F3A7638998D", "header": "Eligibility for heavily impacted local educational agencies", "nested": [], "links": [ { "text": "20 U.S.C. 7703(b)(2)(B)(i)(III)", "legal-doc": "usc", "parsable-cite": "usc/20/7703" } ] } ], "links": [ { "text": "20 U.S.C. 6641(b)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/6641" }, { "text": "20 U.S.C. 7261(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/7261" }, { "text": "20 U.S.C. 7703(b)(2)(B)(i)(III)", "legal-doc": "usc", "parsable-cite": "usc/20/7703" } ] }, { "text": "404. America COMPETES Act \nSection 6122(3) of the America COMPETES Act ( 20 U.S.C. 9832(3) ) is amended by striking data on children eligible for free or reduced-price lunches under the Richard B. Russell National School Lunch Act,.", "id": "H519BF920C88C4BF88EB392E9A6A5D40B", "header": "America COMPETES Act", "nested": [], "links": [ { "text": "20 U.S.C. 9832(3)", "legal-doc": "usc", "parsable-cite": "usc/20/9832" } ] }, { "text": "405. Workforce Innovation and Opportunity Act \nSection 3(36)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(36)(A) ) is amended— (1) by striking clause (iv); and (2) by redesignating clauses (v) and (vi) as clauses (iv) and (v), respectively.", "id": "H3143A56EB8004AC98DB2F3346040917F", "header": "Workforce Innovation and Opportunity Act", "nested": [], "links": [ { "text": "29 U.S.C. 3102(36)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/3102" } ] }, { "text": "406. National Science Foundation Authorization Act of 2002 \nSection 4(8) of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n note; Public Law 107–368 ) is amended— (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively.", "id": "HD8ECFD43FA444B91963338D1C95350BC", "header": "National Science Foundation Authorization Act of 2002", "nested": [], "links": [ { "text": "42 U.S.C. 1862n", "legal-doc": "usc", "parsable-cite": "usc/42/1862n" }, { "text": "Public Law 107–368", "legal-doc": "public-law", "parsable-cite": "pl/107/368" } ] }, { "text": "407. Child care and development block grant \nSection 658O(b) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858m(b) ) is amended— (1) in paragraph (1)(B), by striking school lunch factor and inserting economically disadvantaged students factor ; and (2) by amending paragraph (3) to read as follows: (3) Economically disadvantaged students factor \nIn this subsection, the term economically disadvantaged students factor means the ratio of the number of children in the State who are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )) to the number of such children in all the States as determined annually by the Secretary of Education..", "id": "id8328df03ff984567b0c9300a947fd554", "header": "Child care and development block grant", "nested": [], "links": [ { "text": "42 U.S.C. 9858m(b)", "legal-doc": "usc", "parsable-cite": "usc/42/9858m" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" } ] }, { "text": "408. Children’s Health Act of 2000 \nSection 1404(b) of the Children’s Health Act of 2000 ( 42 U.S.C. 9859c(b) ) is amended— (1) in paragraph (1)(B), by striking school lunch factor and inserting economically disadvantaged students factor ; and (2) by amending paragraph (3) to read as follows: (3) Economically disadvantaged students factor \nIn this subsection, the term economically disadvantaged students factor means the ratio of the number of children in the State who are economically disadvantaged students (as identified under a measure described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) )) to the number of such children in all the States as determined annually by the Secretary of Education..", "id": "HA4331D6A81854312978F29AF94488E65", "header": "Children’s Health Act of 2000", "nested": [], "links": [ { "text": "42 U.S.C. 9859c(b)", "legal-doc": "usc", "parsable-cite": "usc/42/9859c" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" } ] }, { "text": "409. Juvenile justice and delinquency prevention \nSection 252(i) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11162(i) ) is amended to read as follows: (i) Free school lunches for incarcerated juveniles \n(1) In general \nA juvenile who is incarcerated in an eligible juvenile detention center is eligible to receive free lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). (2) Guidance \nNot later than 1 year after the date of the enactment of the Universal School Meals Program Act of 2023 , the Attorney General, in consultation with the Secretary of Agriculture, shall provide guidance to States relating to the options for school food authorities in the States to apply for reimbursement for free lunches under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) for juveniles who are incarcerated. (3) Eligible juvenile detention center defined \nIn this subsection, the term eligible juvenile detention center does not include any private, for-profit detention center..", "id": "H6F7367BE056D4DADA65BDBDE4910D6AB", "header": "Juvenile justice and delinquency prevention", "nested": [], "links": [ { "text": "34 U.S.C. 11162(i)", "legal-doc": "usc", "parsable-cite": "usc/34/11162" }, { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" }, { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" } ] } ]

[ "Adoption and foster care", "Census and government statistics", "Child care and development", "Child health", "Congressional oversight", "Correctional facilities and imprisonment", "Debt collection", "Detention of persons", "Elementary and secondary education", "Employment and training programs", "Food assistance and relief", "Food supply, safety, and labeling", "Fruit and vegetables", "Homelessness and emergency shelter", "Inflation and prices", "Juvenile crime and gang violence", "Military personnel and dependents", "Nutrition and diet", "Poverty and welfare assistance", "Right of privacy", "State and local finance", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Stop Stolen Valor for Service-Disabled Veteran-Owned Small Business Contractors.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Eliminating self-certification for service-disabled veteran-owned small businesses \n(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Small Business Administration. (2) Small business concern; small business concerns owned and controlled by service-disabled veterans \nThe terms small business concern and small business concerns owned and controlled by service-disabled veterans have the meanings given those terms in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (b) Eliminating Self-Certification in Prime Contracting and Subcontracting for SDVOSBs \n(1) In general \nEach prime contract award and subcontract award that is counted for the purpose of meeting the goals for participation by small business concerns owned and controlled by service-disabled veterans in procurement contracts for Federal agencies, as established in section 15(g)(2) of the Small Business Act ( 15 U.S.C. 644(g)(2) ), shall be entered into with small business concerns certified by the Administrator as small business concerns owned and controlled by service-disabled veterans under section 36 of such Act ( 15 U.S.C. 657f ). (2) Effective date \nParagraph (1) shall take effect on October 1 of the fiscal year beginning after the Administrator promulgates the regulations required under subsection (d). (c) Phased Approach to Eliminating Self-Certification for SDVOSBs \nNotwithstanding any other provision of law, any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans may— (1) if the small business concern files a certification application with the Administrator before the end of the 1-year period beginning on the date of enactment of this Act, maintain such self-certification until the Administrator makes a determination with respect to such certification; and (2) if the small business concern does not file a certification application before the end of the 1-year period beginning on the date of enactment of this Act, lose, at the end of such 1-year period, any self-certification of the small business concern as a small business concern owned and controlled by service-disabled veterans. (d) Rulemaking \nNot later than 180 days after the date of enactment of this Act, the Administrator shall promulgate regulations to carry out this Act.", "id": "id45aff737a4f646b2a8e8d47188be65cc", "header": "Eliminating self-certification for service-disabled veteran-owned small businesses", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Small Business Administration. (2) Small business concern; small business concerns owned and controlled by service-disabled veterans \nThe terms small business concern and small business concerns owned and controlled by service-disabled veterans have the meanings given those terms in section 3 of the Small Business Act ( 15 U.S.C. 632 ).", "id": "id0ca4af47279a4575a886b67d8106efaa", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "(b) Eliminating Self-Certification in Prime Contracting and Subcontracting for SDVOSBs \n(1) In general \nEach prime contract award and subcontract award that is counted for the purpose of meeting the goals for participation by small business concerns owned and controlled by service-disabled veterans in procurement contracts for Federal agencies, as established in section 15(g)(2) of the Small Business Act ( 15 U.S.C. 644(g)(2) ), shall be entered into with small business concerns certified by the Administrator as small business concerns owned and controlled by service-disabled veterans under section 36 of such Act ( 15 U.S.C. 657f ). (2) Effective date \nParagraph (1) shall take effect on October 1 of the fiscal year beginning after the Administrator promulgates the regulations required under subsection (d).", "id": "id4a6d76eba6b946708d90d1c289bf611e", "header": "Eliminating Self-Certification in Prime Contracting and Subcontracting for SDVOSBs", "nested": [], "links": [ { "text": "15 U.S.C. 644(g)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/644" }, { "text": "15 U.S.C. 657f", "legal-doc": "usc", "parsable-cite": "usc/15/657f" } ] }, { "text": "(c) Phased Approach to Eliminating Self-Certification for SDVOSBs \nNotwithstanding any other provision of law, any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans may— (1) if the small business concern files a certification application with the Administrator before the end of the 1-year period beginning on the date of enactment of this Act, maintain such self-certification until the Administrator makes a determination with respect to such certification; and (2) if the small business concern does not file a certification application before the end of the 1-year period beginning on the date of enactment of this Act, lose, at the end of such 1-year period, any self-certification of the small business concern as a small business concern owned and controlled by service-disabled veterans.", "id": "id6cec935b38c541db857dbeaa05932967", "header": "Phased Approach to Eliminating Self-Certification for SDVOSBs", "nested": [], "links": [] }, { "text": "(d) Rulemaking \nNot later than 180 days after the date of enactment of this Act, the Administrator shall promulgate regulations to carry out this Act.", "id": "id8392729e095246f48252071666acc0c0", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" }, { "text": "15 U.S.C. 644(g)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/644" }, { "text": "15 U.S.C. 657f", "legal-doc": "usc", "parsable-cite": "usc/15/657f" } ] } ]

[ "Fraud offenses and financial crimes", "Public contracts and procurement", "Small business", "Veterans' organizations and recognition" ]

[ { "text": "1. Short title \nThis Act may be cited as the Helping Eliminate Limitations for Prompt Response and Recovery Act or the HELP Response and Recovery Act.", "id": "idcb9d6870-0ec9-48be-99c7-73149bbf5060", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Repeal of obsolete DHS contracting requirements \nThe Post-Katrina Emergency Management Reform Act of 2006 ( Public Law 109–295 ; 120 Stat. 1394) is amended by striking section 695 ( 6 U.S.C. 794 ).", "id": "id42f8ff18-b88b-4209-89f2-a0fbc0ac2dcb", "header": "Repeal of obsolete DHS contracting requirements", "nested": [], "links": [ { "text": "Public Law 109–295", "legal-doc": "public-law", "parsable-cite": "pl/109/295" }, { "text": "6 U.S.C. 794", "legal-doc": "usc", "parsable-cite": "usc/6/794" } ] }, { "text": "3. Reports \n(a) Covered period defined \nIn this section, the term covered period means— (1) with respect to an initial report required under subsection (b), the period between the date of enactment of this Act and the date of the report; and (2) with respect to any succeeding report required under subsection (b), the period between the date of the most recent report and the succeeding report. (b) Requirement \nNot later than 540 days after the date of enactment of this Act, and annually thereafter until the date that is 5 years thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (1) reviews how the repeal under section 2 has— (A) prevented waste, fraud, and abuse; and (B) promoted taxpayer savings; and (2) includes, with respect to a contract entered into or extended by the Administrator of the Federal Emergency Management Agency under urgent and compelling circumstances during the covered period for which the Administrator did not solicit bids— (A) the number of those contracts; (B) the subject of each contract; (C) the amounts obligated by the Administrator for each contract; (D) if applicable, the State benefitted by each contract; and (E) if applicable, the name of the major disaster or emergency for which each contract was entered into or extended.", "id": "idb6dde90229714cc18dc62902348942bb", "header": "Reports", "nested": [ { "text": "(a) Covered period defined \nIn this section, the term covered period means— (1) with respect to an initial report required under subsection (b), the period between the date of enactment of this Act and the date of the report; and (2) with respect to any succeeding report required under subsection (b), the period between the date of the most recent report and the succeeding report.", "id": "id66a65914d01140c1b13d1313691ee4c9", "header": "Covered period defined", "nested": [], "links": [] }, { "text": "(b) Requirement \nNot later than 540 days after the date of enactment of this Act, and annually thereafter until the date that is 5 years thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (1) reviews how the repeal under section 2 has— (A) prevented waste, fraud, and abuse; and (B) promoted taxpayer savings; and (2) includes, with respect to a contract entered into or extended by the Administrator of the Federal Emergency Management Agency under urgent and compelling circumstances during the covered period for which the Administrator did not solicit bids— (A) the number of those contracts; (B) the subject of each contract; (C) the amounts obligated by the Administrator for each contract; (D) if applicable, the State benefitted by each contract; and (E) if applicable, the name of the major disaster or emergency for which each contract was entered into or extended.", "id": "id897ae0be4df44f2498a2e1673ae488c1", "header": "Requirement", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional oversight", "Disaster relief and insurance", "Government information and archives", "Government studies and investigations", "Public contracts and procurement" ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Cybersecurity Workforce Expansion Act.", "id": "id3cfda017-bad1-4d0e-a55f-7ae21a8041d1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) the need for qualified cybersecurity personnel is greater than ever, as demonstrated by the recent SolarWinds breach and the growing spate of ransomware attacks on critical infrastructure entities and State and local governments; (2) the Federal Government is facing a shortage of qualified cybersecurity personnel, as noted in a March 2019 Government Accountability Office report on critical staffing needs in the Federal cybersecurity workforce; (3) there is a national shortage of qualified cybersecurity personnel, and according to CyberSeek, a project supported by the National Initiative for Cybersecurity Education within the National Institute of Standards and Technology, there are approximately 500,000 cybersecurity job openings around the United States; (4) in May 2021, the Department of Homeland Security announced that the Department was initiating a 60 day sprint to hire 200 cybersecurity personnel across the Department, with 100 of those hires for the Cybersecurity and Infrastructure Security Agency, to address a cybersecurity workforce shortage; and (5) the Federal Government needs to— (A) expand the cybersecurity workforce pipeline of the Federal Government to sustainably close a Federal cybersecurity workforce shortage; and (B) work cooperatively with the private sector and State and local government authorities to expand opportunities for new cybersecurity professionals.", "id": "idea40d5a0-ff15-4a43-88a2-64014503674c", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Department \nThe term Department means the Department of Homeland Security. (2) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (3) Secretary \nThe term Secretary means the Secretary of Homeland Security.", "id": "id8C24739763B2421F943232476E4C2088", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "4. Cybersecurity apprenticeship pilot program \n(a) Definitions \nIn this section: (1) Area career and technical education school \nThe term area career and technical education school has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (2) Community college \nThe term community college means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate’s degree, including— (A) a 2-year Tribal College or University, as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ); and (B) a public 2-year State institution of higher education. (3) Competitive service \nThe term competitive service has the meaning given the term in section 2102 of title 5, United States Code. (4) Cyber workforce position \nThe term cyber workforce position means a position identified as having information technology, cybersecurity, or other cyber-related functions under section 303 of the Federal Cybersecurity Workforce Assessment Act of 2015 ( 5 U.S.C. 301 note). (5) Early college high school; educational service agency; local educational agency; secondary school; State educational agency \nThe terms early college high school , educational service agency , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Education and training provider \nThe term education and training provider means— (A) an area career and technical education school; (B) an early college high school; (C) an educational service agency; (D) a high school; (E) a local educational agency or State educational agency; (F) a Tribal educational agency (as defined in section 6132 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7452 )), Tribally controlled college or university (as defined in section 2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801(a) ) ) , or Tribally controlled postsecondary career and technical institution (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )); (G) a postsecondary educational institution, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ); (H) a minority-serving institution; (I) a provider of adult education and literacy activities under the Adult Education and Family Literacy Act ( 29 U.S.C. 3271 et seq. ); (J) a local agency administering plans under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741); (K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; (L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3192 ), provided that the participation of the Job Corps center is consistent with the outcomes for Job Corps students described in section 141 of that Act ( 29 U.S.C. 3191 ); (M) a YouthBuild program, as defined in section 171(b) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3226(b) ); or (N) a consortium of entities described in any of subparagraphs (A) through (M). (7) Eligible entity \nThe term eligible entity means— (A) a sponsor; (B) a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency; (C) an education and training provider; (D) a State apprenticeship agency; (E) an Indian Tribe or Tribal organization; (F) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system; (G) a Governor of a State; (H) a labor organization or joint labor-management organization; or (I) a qualified intermediary. (8) Excepted service \nThe term excepted service has the meaning given the term in section 2103 of title 5, United States Code. (9) Local workforce development board \nThe term local workforce development board has the meaning given the term local board in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (10) Minority-serving institution \nThe term minority-serving institution means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (11) Nonprofit organization \nThe term nonprofit organization means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. (12) Provider of adult education \nThe term provider of adult education has the meaning given the term eligible provider in section 203 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3272 ). (13) Qualified intermediary \n(A) In general \nThe term qualified intermediary means an entity that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph (B) and serves program participants and employers by— (i) connecting employers to programs under the national apprenticeship system; (ii) assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction; (iii) supporting entities, sponsors, or program administrators in meeting the registration and reporting requirements of this Act section ; (iv) providing professional development activities such as training to mentors; (v) supporting the recruitment, retention, and completion of potential program participants, including nontraditional apprenticeship populations and individuals with barriers to employment; (vi) developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising; (vii) providing services, resources, and supports for development, delivery, expansion, or improvement of programs under the national apprenticeship system; or (viii) serving as a sponsor. (B) Partnerships \nThe term partnerships described in subparagraph (B) means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including— (i) industry or sector partnerships; (ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development agencies, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans service organizations in the State workforce development system; or (iii) partnerships among 1 or more of the entities described in clause (i) or (ii). (14) Related instruction \nThe term related instruction means an organized and systematic form of instruction designed to provide an individual in an apprenticeship program with the knowledge of the technical subjects related to the intended occupation of the individual after completion of the program. (15) Sponsor \nThe term sponsor means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered or approved. (16) State \nThe term State has the meaning given the term in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ). (17) State apprenticeship agency \nThe term State apprenticeship agency has the meaning given the term in section 29.2 of title 29, Code of Federal Regulations, or any corresponding similar regulation or ruling. (18) State workforce development board \nThe term State workforce development board has the meaning given the term State board in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (19) WIOA terms \nThe terms career planning , career pathway , community-based organization , economic development agency , industry or sector partnership , on-the-job training , one-stop operator , one-stop partner , recognized postsecondary credential , and workplace learning advisor have the meanings given those terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (b) Establishment of apprenticeship pilot program \n(1) In general \nNot later than 3 years after the date of enactment of this Act, the Secretary shall establish an apprenticeship pilot program. (2) Requirements \nThe apprenticeship pilot program established under paragraph (1) shall— (A) employ pilot program participants in cyber workforce positions within the Department; (B) employ not more than 25 new pilot program participants during each year during which the pilot program is carried out; (C) be intended to lead to employment in a cyber workforce position within a Federal agency; (D) focus on related learning necessary, as determined by the Secretary in consultation with the Director of the Office of Personnel Management and based upon the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800–181, Revision 1), or successor framework, to meet the immediate and ongoing needs of cyber workforce positions within Federal agencies; (E) be registered with and approved by the Office of Apprenticeship of the Department of Labor or a State apprenticeship agency pursuant to the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. ); (F) be approved by the Secretary of Veterans Affairs, pursuant to chapter 36 of title 38, United States Code, or other applicable provisions of law, as eligible for educational assistance to veterans; and (G) be sponsored by the Department or an eligible entity receiving a contract, cooperative agreement, or grant under subsection (d). (c) Coordination \nIn the development of the apprenticeship pilot program under this section, the Secretary shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. (d) Optional use of contracts, cooperative agreements, or grants \nThe apprenticeship pilot program under this section may include entering into a contract or cooperative agreement with or making a grant to an eligible entity if determined appropriate by the Secretary based on the eligible entity— (1) demonstrating experience in implementing and providing career planning and career pathways toward apprenticeship programs; (2) having knowledge of cybersecurity workforce development; (3) being eligible to enter into a contract or cooperative agreement with or receive grant funds from the Department as described in this section; (4) providing participants who complete the apprenticeship pilot program with 1 or more recognized postsecondary credentials; (5) using related instruction that is specifically aligned with the needs of Federal agencies and utilizes workplace learning advisors and on-the-job training to the greatest extent possible; and (6) demonstrating successful outcomes connecting participants in apprenticeship programs to careers relevant to the apprenticeship pilot program. (e) Applications \nIf the Secretary enters into an arrangement as described in subsection (d), an eligible entity seeking a contract, cooperative agreement, or grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (f) Priority \nIn selecting eligible entities to receive a contract, cooperative agreement, or grant under subsection (d), the Secretary may prioritize an eligible entity that— (1) is a member of an industry or sector partnership that sponsors or participates in a program under the national apprenticeship system; (2) provides related instruction for an apprenticeship program that was registered with the Department of Labor or a State apprenticeship agency before the date on which the eligible entity applies for the contract, cooperative agreement, or grant under subsection (e); (3) works with the Secretary of Defense, the Secretary of Veterans Affairs, or veterans organizations to transition members of the Armed Forces and veterans to apprenticeship programs in a relevant sector; (4) plans to use the contract, cooperative agreement, or grant to carry out the apprenticeship pilot program under this section with an entity that receives State funding or is operated by a State agency; (5) has successfully increased the representation in cybersecurity of women, underrepresented minorities, and individuals from other underrepresented communities; or (6) focuses on recruiting women, underrepresented minorities, and individuals from other underrepresented communities. (g) Technical assistance \nThe Secretary shall provide technical assistance to eligible entities that receive a contract, cooperative agreement, or grant under subsection (d) to leverage the existing job training and education programs of the Department and other relevant programs at appropriate Federal agencies. (h) Service agreement for pilot program participants \n(1) In general \nParticipants in the apprenticeship pilot program under this section shall enter into an agreement to, after completion of the apprenticeship pilot program and if offered employment in a cyber workforce position within a Federal agency post-apprenticeship, accept and continue employment in such cyber workforce position for a period of obligated service equal to the length of service in a position under the apprenticeship pilot program by the participant. (2) Repayment for period of unserved obligated service \nIf a participant in the apprenticeship pilot program under this section fails to satisfy the requirements of the service agreement entered into under paragraph (1) for a reason other than involuntary separation, the participant shall repay the cost of any education and training provided to the participant as a part of the apprenticeship pilot program, reduced by the ratio of the period of obligated service completed divided by the total period of obligated service. (3) Exception \nThe Secretary may provide for the partial or total waiver or suspension of any service or payment obligation by an individual under this subsection if the Secretary determines that compliance by the individual with the obligation is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable. (i) Apprenticeship hiring authority \nParticipants in the apprenticeship pilot program under this section may be appointed to cybersecurity-specific positions in the excepted service as determined appropriate by the Secretary and authorized by section 2208 of the Homeland Security Act of 2002 ( 6 U.S.C. 658 ). (j) Post-Apprenticeship hiring authority \nPursuant to subsection (b)(2) (B) (C) , a participant who successfully completes the apprenticeship pilot program under this section may be appointed to a cyber workforce position in the excepted service for which the participant is qualified. (k) Post-Apprenticeship trial period \nFederal service following participation in the apprenticeship pilot program under this section shall be subject to completion of a trial period in accordance with any applicable law, Executive order, rule, or regulation. (l) Report \n(1) Secretary \nNot later than 2 years after the date on which the apprenticeship pilot program is established under this section, and annually thereafter, the Secretary, in consultation with the Secretary of Labor and the Director of the Office of Personnel Management, shall submit to Congress a report on the pilot program, including— (A) a description of— (i) any activity carried out by the Department under this section; (ii) any entity that enters into a contract or cooperative agreement with or receives a grant from the Department under subsection (d); (iii) any activity carried out using a contract, cooperative agreement, or grant under this section as described in subsection (d); and (iv) best practices used to leverage the investment of the Federal Government under this section; and (B) an assessment of the results achieved by the pilot program, including— (i) the rate of continued employment within a Federal agency for participants after completing the pilot program; (ii) the demographics of participants in the pilot program, including representation of women, underrepresented minorities, and individuals from other underrepresented communities; (iii) the completion rate for the pilot program, including if there are any identifiable patterns with respect to participants who do not complete the pilot program; and (iv) the return on investment for the pilot program. (2) Comptroller general \nNot later than 4 years after the date on which the apprenticeship pilot program is established under this section, the Comptroller General of the United States shall submit to Congress a report on the pilot program, including the recommendation of the Comptroller General with respect to whether the pilot program should be extended. (m) Termination \nThe authority to carry out the apprenticeship pilot program under this section shall terminate on the date that is 5 years after the date on which the Secretary establishes the apprenticeship pilot program under this section.", "id": "ideb883022-2b6c-4e0a-97b7-86bf75915911", "header": "Cybersecurity apprenticeship pilot program", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Area career and technical education school \nThe term area career and technical education school has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (2) Community college \nThe term community college means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate’s degree, including— (A) a 2-year Tribal College or University, as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ); and (B) a public 2-year State institution of higher education. (3) Competitive service \nThe term competitive service has the meaning given the term in section 2102 of title 5, United States Code. (4) Cyber workforce position \nThe term cyber workforce position means a position identified as having information technology, cybersecurity, or other cyber-related functions under section 303 of the Federal Cybersecurity Workforce Assessment Act of 2015 ( 5 U.S.C. 301 note). (5) Early college high school; educational service agency; local educational agency; secondary school; State educational agency \nThe terms early college high school , educational service agency , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Education and training provider \nThe term education and training provider means— (A) an area career and technical education school; (B) an early college high school; (C) an educational service agency; (D) a high school; (E) a local educational agency or State educational agency; (F) a Tribal educational agency (as defined in section 6132 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7452 )), Tribally controlled college or university (as defined in section 2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801(a) ) ) , or Tribally controlled postsecondary career and technical institution (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )); (G) a postsecondary educational institution, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ); (H) a minority-serving institution; (I) a provider of adult education and literacy activities under the Adult Education and Family Literacy Act ( 29 U.S.C. 3271 et seq. ); (J) a local agency administering plans under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741); (K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; (L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3192 ), provided that the participation of the Job Corps center is consistent with the outcomes for Job Corps students described in section 141 of that Act ( 29 U.S.C. 3191 ); (M) a YouthBuild program, as defined in section 171(b) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3226(b) ); or (N) a consortium of entities described in any of subparagraphs (A) through (M). (7) Eligible entity \nThe term eligible entity means— (A) a sponsor; (B) a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency; (C) an education and training provider; (D) a State apprenticeship agency; (E) an Indian Tribe or Tribal organization; (F) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system; (G) a Governor of a State; (H) a labor organization or joint labor-management organization; or (I) a qualified intermediary. (8) Excepted service \nThe term excepted service has the meaning given the term in section 2103 of title 5, United States Code. (9) Local workforce development board \nThe term local workforce development board has the meaning given the term local board in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (10) Minority-serving institution \nThe term minority-serving institution means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (11) Nonprofit organization \nThe term nonprofit organization means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. (12) Provider of adult education \nThe term provider of adult education has the meaning given the term eligible provider in section 203 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3272 ). (13) Qualified intermediary \n(A) In general \nThe term qualified intermediary means an entity that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph (B) and serves program participants and employers by— (i) connecting employers to programs under the national apprenticeship system; (ii) assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction; (iii) supporting entities, sponsors, or program administrators in meeting the registration and reporting requirements of this Act section ; (iv) providing professional development activities such as training to mentors; (v) supporting the recruitment, retention, and completion of potential program participants, including nontraditional apprenticeship populations and individuals with barriers to employment; (vi) developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising; (vii) providing services, resources, and supports for development, delivery, expansion, or improvement of programs under the national apprenticeship system; or (viii) serving as a sponsor. (B) Partnerships \nThe term partnerships described in subparagraph (B) means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including— (i) industry or sector partnerships; (ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development agencies, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans service organizations in the State workforce development system; or (iii) partnerships among 1 or more of the entities described in clause (i) or (ii). (14) Related instruction \nThe term related instruction means an organized and systematic form of instruction designed to provide an individual in an apprenticeship program with the knowledge of the technical subjects related to the intended occupation of the individual after completion of the program. (15) Sponsor \nThe term sponsor means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered or approved. (16) State \nThe term State has the meaning given the term in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ). (17) State apprenticeship agency \nThe term State apprenticeship agency has the meaning given the term in section 29.2 of title 29, Code of Federal Regulations, or any corresponding similar regulation or ruling. (18) State workforce development board \nThe term State workforce development board has the meaning given the term State board in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (19) WIOA terms \nThe terms career planning , career pathway , community-based organization , economic development agency , industry or sector partnership , on-the-job training , one-stop operator , one-stop partner , recognized postsecondary credential , and workplace learning advisor have the meanings given those terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ).", "id": "id02b41333-840a-4cac-b1c3-d02af5d558ce", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/20/2302" }, { "text": "20 U.S.C. 1059c", "legal-doc": "usc", "parsable-cite": "usc/20/1059c" }, { "text": "5 U.S.C. 301", "legal-doc": "usc", "parsable-cite": "usc/5/301" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 7452", "legal-doc": "usc", "parsable-cite": "usc/20/7452" }, { "text": "25 U.S.C. 1801(a)", "legal-doc": "usc", "parsable-cite": "usc/25/1801" }, { "text": "20 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/20/2302" }, { "text": "20 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/20/2302" }, { "text": "29 U.S.C. 3271 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3271" }, { "text": "29 U.S.C. 720 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/720" }, { "text": "29 U.S.C. 732", "legal-doc": "usc", "parsable-cite": "usc/29/732" }, { "text": "29 U.S.C. 3192", "legal-doc": "usc", "parsable-cite": "usc/29/3192" }, { "text": "29 U.S.C. 3191", "legal-doc": "usc", "parsable-cite": "usc/29/3191" }, { "text": "29 U.S.C. 3226(b)", "legal-doc": "usc", "parsable-cite": "usc/29/3226" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" }, { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "29 U.S.C. 3272", "legal-doc": "usc", "parsable-cite": "usc/29/3272" }, { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" } ] }, { "text": "(b) Establishment of apprenticeship pilot program \n(1) In general \nNot later than 3 years after the date of enactment of this Act, the Secretary shall establish an apprenticeship pilot program. (2) Requirements \nThe apprenticeship pilot program established under paragraph (1) shall— (A) employ pilot program participants in cyber workforce positions within the Department; (B) employ not more than 25 new pilot program participants during each year during which the pilot program is carried out; (C) be intended to lead to employment in a cyber workforce position within a Federal agency; (D) focus on related learning necessary, as determined by the Secretary in consultation with the Director of the Office of Personnel Management and based upon the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800–181, Revision 1), or successor framework, to meet the immediate and ongoing needs of cyber workforce positions within Federal agencies; (E) be registered with and approved by the Office of Apprenticeship of the Department of Labor or a State apprenticeship agency pursuant to the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. ); (F) be approved by the Secretary of Veterans Affairs, pursuant to chapter 36 of title 38, United States Code, or other applicable provisions of law, as eligible for educational assistance to veterans; and (G) be sponsored by the Department or an eligible entity receiving a contract, cooperative agreement, or grant under subsection (d).", "id": "idf2022f40-ba8e-49f2-8669-fe3e9606eec1", "header": "Establishment of apprenticeship pilot program", "nested": [], "links": [ { "text": "29 U.S.C. 50 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/50" }, { "text": "chapter 36", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/36" } ] }, { "text": "(c) Coordination \nIn the development of the apprenticeship pilot program under this section, the Secretary shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs.", "id": "id7069ee21-cb3a-48f7-b99e-122a3445bf40", "header": "Coordination", "nested": [], "links": [] }, { "text": "(d) Optional use of contracts, cooperative agreements, or grants \nThe apprenticeship pilot program under this section may include entering into a contract or cooperative agreement with or making a grant to an eligible entity if determined appropriate by the Secretary based on the eligible entity— (1) demonstrating experience in implementing and providing career planning and career pathways toward apprenticeship programs; (2) having knowledge of cybersecurity workforce development; (3) being eligible to enter into a contract or cooperative agreement with or receive grant funds from the Department as described in this section; (4) providing participants who complete the apprenticeship pilot program with 1 or more recognized postsecondary credentials; (5) using related instruction that is specifically aligned with the needs of Federal agencies and utilizes workplace learning advisors and on-the-job training to the greatest extent possible; and (6) demonstrating successful outcomes connecting participants in apprenticeship programs to careers relevant to the apprenticeship pilot program.", "id": "id09886ada-2cad-40af-9054-6b5f404a5c1a", "header": "Optional use of contracts, cooperative agreements, or grants", "nested": [], "links": [] }, { "text": "(e) Applications \nIf the Secretary enters into an arrangement as described in subsection (d), an eligible entity seeking a contract, cooperative agreement, or grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.", "id": "id346c0f96-41fe-411f-bfb6-149636b21fc9", "header": "Applications", "nested": [], "links": [] }, { "text": "(f) Priority \nIn selecting eligible entities to receive a contract, cooperative agreement, or grant under subsection (d), the Secretary may prioritize an eligible entity that— (1) is a member of an industry or sector partnership that sponsors or participates in a program under the national apprenticeship system; (2) provides related instruction for an apprenticeship program that was registered with the Department of Labor or a State apprenticeship agency before the date on which the eligible entity applies for the contract, cooperative agreement, or grant under subsection (e); (3) works with the Secretary of Defense, the Secretary of Veterans Affairs, or veterans organizations to transition members of the Armed Forces and veterans to apprenticeship programs in a relevant sector; (4) plans to use the contract, cooperative agreement, or grant to carry out the apprenticeship pilot program under this section with an entity that receives State funding or is operated by a State agency; (5) has successfully increased the representation in cybersecurity of women, underrepresented minorities, and individuals from other underrepresented communities; or (6) focuses on recruiting women, underrepresented minorities, and individuals from other underrepresented communities.", "id": "ide9c19566-abfc-4c2c-b17f-46995ac538f0", "header": "Priority", "nested": [], "links": [] }, { "text": "(g) Technical assistance \nThe Secretary shall provide technical assistance to eligible entities that receive a contract, cooperative agreement, or grant under subsection (d) to leverage the existing job training and education programs of the Department and other relevant programs at appropriate Federal agencies.", "id": "id7d2acbe5-922b-4b86-8b60-f304776116f2", "header": "Technical assistance", "nested": [], "links": [] }, { "text": "(h) Service agreement for pilot program participants \n(1) In general \nParticipants in the apprenticeship pilot program under this section shall enter into an agreement to, after completion of the apprenticeship pilot program and if offered employment in a cyber workforce position within a Federal agency post-apprenticeship, accept and continue employment in such cyber workforce position for a period of obligated service equal to the length of service in a position under the apprenticeship pilot program by the participant. (2) Repayment for period of unserved obligated service \nIf a participant in the apprenticeship pilot program under this section fails to satisfy the requirements of the service agreement entered into under paragraph (1) for a reason other than involuntary separation, the participant shall repay the cost of any education and training provided to the participant as a part of the apprenticeship pilot program, reduced by the ratio of the period of obligated service completed divided by the total period of obligated service. (3) Exception \nThe Secretary may provide for the partial or total waiver or suspension of any service or payment obligation by an individual under this subsection if the Secretary determines that compliance by the individual with the obligation is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable.", "id": "id82f0f706f5c64c078f0368d3fc011e22", "header": "Service agreement for pilot program participants", "nested": [], "links": [] }, { "text": "(i) Apprenticeship hiring authority \nParticipants in the apprenticeship pilot program under this section may be appointed to cybersecurity-specific positions in the excepted service as determined appropriate by the Secretary and authorized by section 2208 of the Homeland Security Act of 2002 ( 6 U.S.C. 658 ).", "id": "id7a37bb9e-cb2c-4bb1-a56f-1fa7e8f91c80", "header": "Apprenticeship hiring authority", "nested": [], "links": [ { "text": "6 U.S.C. 658", "legal-doc": "usc", "parsable-cite": "usc/6/658" } ] }, { "text": "(j) Post-Apprenticeship hiring authority \nPursuant to subsection (b)(2) (B) (C) , a participant who successfully completes the apprenticeship pilot program under this section may be appointed to a cyber workforce position in the excepted service for which the participant is qualified.", "id": "id1915163ffc404667b6cf956b45b745bc", "header": "Post-Apprenticeship hiring authority", "nested": [], "links": [] }, { "text": "(k) Post-Apprenticeship trial period \nFederal service following participation in the apprenticeship pilot program under this section shall be subject to completion of a trial period in accordance with any applicable law, Executive order, rule, or regulation.", "id": "idd472fba381814fe68d3d95185f4881d2", "header": "Post-Apprenticeship trial period", "nested": [], "links": [] }, { "text": "(l) Report \n(1) Secretary \nNot later than 2 years after the date on which the apprenticeship pilot program is established under this section, and annually thereafter, the Secretary, in consultation with the Secretary of Labor and the Director of the Office of Personnel Management, shall submit to Congress a report on the pilot program, including— (A) a description of— (i) any activity carried out by the Department under this section; (ii) any entity that enters into a contract or cooperative agreement with or receives a grant from the Department under subsection (d); (iii) any activity carried out using a contract, cooperative agreement, or grant under this section as described in subsection (d); and (iv) best practices used to leverage the investment of the Federal Government under this section; and (B) an assessment of the results achieved by the pilot program, including— (i) the rate of continued employment within a Federal agency for participants after completing the pilot program; (ii) the demographics of participants in the pilot program, including representation of women, underrepresented minorities, and individuals from other underrepresented communities; (iii) the completion rate for the pilot program, including if there are any identifiable patterns with respect to participants who do not complete the pilot program; and (iv) the return on investment for the pilot program. (2) Comptroller general \nNot later than 4 years after the date on which the apprenticeship pilot program is established under this section, the Comptroller General of the United States shall submit to Congress a report on the pilot program, including the recommendation of the Comptroller General with respect to whether the pilot program should be extended.", "id": "id85553b7d-0326-4964-8186-a6668bbf9370", "header": "Report", "nested": [], "links": [] }, { "text": "(m) Termination \nThe authority to carry out the apprenticeship pilot program under this section shall terminate on the date that is 5 years after the date on which the Secretary establishes the apprenticeship pilot program under this section.", "id": "ida37b765577e848009869d166039557f1", "header": "Termination", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/20/2302" }, { "text": "20 U.S.C. 1059c", "legal-doc": "usc", "parsable-cite": "usc/20/1059c" }, { "text": "5 U.S.C. 301", "legal-doc": "usc", "parsable-cite": "usc/5/301" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 7452", "legal-doc": "usc", "parsable-cite": "usc/20/7452" }, { "text": "25 U.S.C. 1801(a)", "legal-doc": "usc", "parsable-cite": "usc/25/1801" }, { "text": "20 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/20/2302" }, { "text": "20 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/20/2302" }, { "text": "29 U.S.C. 3271 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3271" }, { "text": "29 U.S.C. 720 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/720" }, { "text": "29 U.S.C. 732", "legal-doc": "usc", "parsable-cite": "usc/29/732" }, { "text": "29 U.S.C. 3192", "legal-doc": "usc", "parsable-cite": "usc/29/3192" }, { "text": "29 U.S.C. 3191", "legal-doc": "usc", "parsable-cite": "usc/29/3191" }, { "text": "29 U.S.C. 3226(b)", "legal-doc": "usc", "parsable-cite": "usc/29/3226" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" }, { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "29 U.S.C. 3272", "legal-doc": "usc", "parsable-cite": "usc/29/3272" }, { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "29 U.S.C. 50 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/50" }, { "text": "chapter 36", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/36" }, { "text": "6 U.S.C. 658", "legal-doc": "usc", "parsable-cite": "usc/6/658" } ] }, { "text": "5. Pilot program on cybersecurity training for veterans and military spouses \n(a) Definitions \nIn this section: (1) Eligible individual \nThe term eligible individual means an individual who is— (A) a veteran who is entitled to educational assistance under chapter 30, 32, 33, 34, or 35 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code; (B) a member of the active or a reserve component of the Armed Forces that the Secretary of Veterans Affairs determines will become an eligible individual under subparagraph (A) within 180 days of such determination, provided that if the individual does anything to make themselves ineligible during the 180-day period, the Secretary of Veterans Affairs may require the individual to repay any benefits received under this section; or (C) an eligible spouse described in section 1784a(b) of title 10, United States Code. (2) Recognized postsecondary credential \nThe term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (3) Veteran \nThe term veteran has the meaning given the term in section 101 of title 38, United States Code. (4) Work-based learning \nThe term work-based learning has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (b) Establishment \nNot later than 3 years after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Veterans Affairs, shall establish a pilot program to provide cybersecurity training at no cost to eligible individuals. (c) Elements \nThe pilot program established under subsection (b) shall incorporate— (1) coursework and training that, if applicable, qualifies for postsecondary credit toward an associate or baccalaureate degree at an institution of higher education; (2) virtual learning opportunities; (3) hands-on learning and performance-based assessments; (4) Federal work-based learning opportunities and programs; and (5) the provision of recognized postsecondary credentials to eligible individuals who complete the pilot program. (d) Alignment with NICE workforce framework for cybersecurity \nThe pilot program established under subsection (b) shall align with the taxonomy, including work roles and competencies and the associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800–181, Revision 1), or successor framework. (e) Coordination \n(1) Training, platforms, and frameworks \nIn developing the pilot program under subsection (b), the Secretary shall coordinate with the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Labor, the Director of the National Institute of Standards and Technology, and the Director of the Office of Personnel Management to evaluate and, where possible, leverage existing training, platforms, and frameworks of the Federal Government for providing cybersecurity education and training to prevent duplication of efforts. (2) Existing educational assistance \nIn developing the pilot program under subsection (b), the Secretary shall coordinate with the Secretary of Veterans Affairs to ensure that, to the greatest extent possible, eligible individuals can utilize educational assistance under chapter 30, 32, 33, 34, or 35 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code, or other educational assistance available to eligible individuals, such as the high technology pilot program described in section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 ( 38 U.S.C. 3001 note), while participating in the program. (3) Federal work-based learning opportunities and programs \nIn developing the Federal work-based learning opportunities and programs required under subsection (c)(4), the Secretary shall coordinate with the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Labor, the Director of the Office of Personnel Management, and the heads of other appropriate Federal agencies to identify or create, as necessary, interagency opportunities that will enable the pilot program established under subsection (b) to— (A) allow the participants to acquire and demonstrate competencies; and (B) give participants the capabilities necessary to qualify for Federal employment. (f) Resources \n(1) In general \nIn any case in which the pilot program established under subsection (b)— (A) uses training, platforms, and frameworks described in subsection (e)(1), the Secretary, in coordination with the Secretary of Veterans Affairs, shall take such actions as may be necessary to ensure that the trainings, platforms, and frameworks are expanded and resourced to accommodate usage by eligible individuals participating in the pilot program; or (B) does not use training, platforms, and frameworks described in subsection (e)(1), the Secretary, in coordination with the Secretary of Veterans Affairs, shall take such actions as may be necessary to develop or procure training, platforms, and frameworks necessary to carry out the requirements of subsection (c) and accommodate the usage by eligible individuals participating in the pilot program. (2) Actions \nActions described in paragraph (1) may include providing additional funding, staff, or other resources to— (A) recruit and retain women, underrepresented minorities, and individuals from other underrepresented communities; (B) provide administrative support for basic functions of the pilot program; (C) ensure the success and ongoing engagement of eligible individuals participating in the pilot program; (D) connect participants who complete the pilot program to job opportunities within the Federal Government; and (E) allocate dedicated positions for term employment to enable Federal work-based learning opportunities and programs, as required under subsection (c)(4), for participants to gain the competencies necessary to pursue permanent Federal employment. (g) Reports \n(1) Secretary \nNot later than 2 years after the date on which the pilot program is established under subsection (b), and annually thereafter, the Secretary shall submit to Congress a report on the pilot program, including— (A) a description of— (i) any activity carried out by the Department under this section; and (ii) the existing training, platforms, and frameworks of the Federal Government leveraged in accordance with subsection (e)(1); and (B) an assessment of the results achieved by the pilot program, including— (i) the admittance rate into the pilot program; (ii) the demographics of participants in the program, including representation of women, underrepresented minorities, and individuals from other underrepresented communities; (iii) the completion rate for the pilot program, including if there are any identifiable patterns with respect to participants who do not complete the pilot program; (iv) as applicable, the transfer rates to other academic or vocational programs, and certifications and licensure exam passage rates; (v) the rate of continued employment within a Federal agency for participants after completing the pilot program; (vi) the rate of continued employment for participants after completing the pilot program; and (vii) the median annual salary of participants who completed the pilot program and were subsequently employed. (2) Comptroller general \nNot later than 4 years after the date on which the pilot program is established under subsection (b), the Comptroller General of the United States shall submit to Congress a report on the pilot program, including the recommendation of the Comptroller General with respect to whether the pilot program should be extended. (h) Termination \nThe authority to carry out the pilot program under this section shall terminate on the date that is 5 years after the date on which the Secretary establishes the pilot program under this section.", "id": "id70b3f32394c542d19198a8cefeb94944", "header": "Pilot program on cybersecurity training for veterans and military spouses", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Eligible individual \nThe term eligible individual means an individual who is— (A) a veteran who is entitled to educational assistance under chapter 30, 32, 33, 34, or 35 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code; (B) a member of the active or a reserve component of the Armed Forces that the Secretary of Veterans Affairs determines will become an eligible individual under subparagraph (A) within 180 days of such determination, provided that if the individual does anything to make themselves ineligible during the 180-day period, the Secretary of Veterans Affairs may require the individual to repay any benefits received under this section; or (C) an eligible spouse described in section 1784a(b) of title 10, United States Code. (2) Recognized postsecondary credential \nThe term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (3) Veteran \nThe term veteran has the meaning given the term in section 101 of title 38, United States Code. (4) Work-based learning \nThe term work-based learning has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ).", "id": "id50155aea76f042c8ad8662052689fdd0", "header": "Definitions", "nested": [], "links": [ { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "20 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/20/2302" } ] }, { "text": "(b) Establishment \nNot later than 3 years after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Veterans Affairs, shall establish a pilot program to provide cybersecurity training at no cost to eligible individuals.", "id": "id67db95f95ae247f8a7f83c9bf0665417", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Elements \nThe pilot program established under subsection (b) shall incorporate— (1) coursework and training that, if applicable, qualifies for postsecondary credit toward an associate or baccalaureate degree at an institution of higher education; (2) virtual learning opportunities; (3) hands-on learning and performance-based assessments; (4) Federal work-based learning opportunities and programs; and (5) the provision of recognized postsecondary credentials to eligible individuals who complete the pilot program.", "id": "idee090f04ef824ec0b9b590a2152a0b92", "header": "Elements", "nested": [], "links": [] }, { "text": "(d) Alignment with NICE workforce framework for cybersecurity \nThe pilot program established under subsection (b) shall align with the taxonomy, including work roles and competencies and the associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800–181, Revision 1), or successor framework.", "id": "id038c28f5c5544c35a7ba3b696138013e", "header": "Alignment with NICE workforce framework for cybersecurity", "nested": [], "links": [] }, { "text": "(e) Coordination \n(1) Training, platforms, and frameworks \nIn developing the pilot program under subsection (b), the Secretary shall coordinate with the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Labor, the Director of the National Institute of Standards and Technology, and the Director of the Office of Personnel Management to evaluate and, where possible, leverage existing training, platforms, and frameworks of the Federal Government for providing cybersecurity education and training to prevent duplication of efforts. (2) Existing educational assistance \nIn developing the pilot program under subsection (b), the Secretary shall coordinate with the Secretary of Veterans Affairs to ensure that, to the greatest extent possible, eligible individuals can utilize educational assistance under chapter 30, 32, 33, 34, or 35 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code, or other educational assistance available to eligible individuals, such as the high technology pilot program described in section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 ( 38 U.S.C. 3001 note), while participating in the program. (3) Federal work-based learning opportunities and programs \nIn developing the Federal work-based learning opportunities and programs required under subsection (c)(4), the Secretary shall coordinate with the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Labor, the Director of the Office of Personnel Management, and the heads of other appropriate Federal agencies to identify or create, as necessary, interagency opportunities that will enable the pilot program established under subsection (b) to— (A) allow the participants to acquire and demonstrate competencies; and (B) give participants the capabilities necessary to qualify for Federal employment.", "id": "idde971622d21a42cfb3e7bab553506bbd", "header": "Coordination", "nested": [], "links": [ { "text": "38 U.S.C. 3001", "legal-doc": "usc", "parsable-cite": "usc/38/3001" } ] }, { "text": "(f) Resources \n(1) In general \nIn any case in which the pilot program established under subsection (b)— (A) uses training, platforms, and frameworks described in subsection (e)(1), the Secretary, in coordination with the Secretary of Veterans Affairs, shall take such actions as may be necessary to ensure that the trainings, platforms, and frameworks are expanded and resourced to accommodate usage by eligible individuals participating in the pilot program; or (B) does not use training, platforms, and frameworks described in subsection (e)(1), the Secretary, in coordination with the Secretary of Veterans Affairs, shall take such actions as may be necessary to develop or procure training, platforms, and frameworks necessary to carry out the requirements of subsection (c) and accommodate the usage by eligible individuals participating in the pilot program. (2) Actions \nActions described in paragraph (1) may include providing additional funding, staff, or other resources to— (A) recruit and retain women, underrepresented minorities, and individuals from other underrepresented communities; (B) provide administrative support for basic functions of the pilot program; (C) ensure the success and ongoing engagement of eligible individuals participating in the pilot program; (D) connect participants who complete the pilot program to job opportunities within the Federal Government; and (E) allocate dedicated positions for term employment to enable Federal work-based learning opportunities and programs, as required under subsection (c)(4), for participants to gain the competencies necessary to pursue permanent Federal employment.", "id": "id8f5b36639439494a8687a164e1b22e0c", "header": "Resources", "nested": [], "links": [] }, { "text": "(g) Reports \n(1) Secretary \nNot later than 2 years after the date on which the pilot program is established under subsection (b), and annually thereafter, the Secretary shall submit to Congress a report on the pilot program, including— (A) a description of— (i) any activity carried out by the Department under this section; and (ii) the existing training, platforms, and frameworks of the Federal Government leveraged in accordance with subsection (e)(1); and (B) an assessment of the results achieved by the pilot program, including— (i) the admittance rate into the pilot program; (ii) the demographics of participants in the program, including representation of women, underrepresented minorities, and individuals from other underrepresented communities; (iii) the completion rate for the pilot program, including if there are any identifiable patterns with respect to participants who do not complete the pilot program; (iv) as applicable, the transfer rates to other academic or vocational programs, and certifications and licensure exam passage rates; (v) the rate of continued employment within a Federal agency for participants after completing the pilot program; (vi) the rate of continued employment for participants after completing the pilot program; and (vii) the median annual salary of participants who completed the pilot program and were subsequently employed. (2) Comptroller general \nNot later than 4 years after the date on which the pilot program is established under subsection (b), the Comptroller General of the United States shall submit to Congress a report on the pilot program, including the recommendation of the Comptroller General with respect to whether the pilot program should be extended.", "id": "ide3b382880ab141e28af8c2eda7105f77", "header": "Reports", "nested": [], "links": [] }, { "text": "(h) Termination \nThe authority to carry out the pilot program under this section shall terminate on the date that is 5 years after the date on which the Secretary establishes the pilot program under this section.", "id": "id30578d9c788645719de9ffc4b6c3fc6f", "header": "Termination", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "20 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/20/2302" }, { "text": "38 U.S.C. 3001", "legal-doc": "usc", "parsable-cite": "usc/38/3001" } ] }, { "text": "6. Federal cybersecurity workforce assessment extension \nSection 304(a) of the Federal Cybersecurity Workforce Assessment Act of 2015 ( 5 U.S.C. 301 note) is amended, in the matter preceding paragraph (1), by striking 2022 and inserting 2027.", "id": "idca9dbdb2-19ed-4c2f-906d-f4f3d7a3f998", "header": "Federal cybersecurity workforce assessment extension", "nested": [], "links": [ { "text": "5 U.S.C. 301", "legal-doc": "usc", "parsable-cite": "usc/5/301" } ] } ]

[ "Computer security and identity theft", "Computers and information technology", "Congressional oversight", "Department of Homeland Security", "Education programs funding", "Elementary and secondary education", "Employment and training programs", "Government employee pay, benefits, personnel management", "Government information and archives", "Higher education", "Military education and training", "Military personnel and dependents", "Performance measurement", "Public-private cooperation", "Veterans' education, employment, rehabilitation", "Vocational and technical education" ]

[ { "text": "1. Short title \nThis Act may be cited as the Improving Government Services Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Agency \nThe term agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. (2) Customer \nThe term customer means any individual, business, or organization, including a grantee and a State, local, or Tribal entity, that interacts with an agency or program, either directly or through a federally funded program administered by a contractor, nonprofit organization, or other Federal entity. (3) Customer experience \nThe term customer experience means, with respect to a member of the public, the general perception of and the overall satisfaction with interactions with an agency or a product or service of the agency. (4) CX Action Plan \nThe term CX Action Plan means the annual customer experience action plan described in section 3. (5) Designated entity \nThe term designated entity means an agency or high-impact service provider designated by the Director under section 3(a). (6) Director \nThe term Director means the Director of the Office of Management and Budget. (7) High-impact service provider \nThe term high-impact service provider means a Federal entity, as designated by the Director, that provides or funds customer-facing services, including Federal services administered at the State or local level, that have a high impact on the public, whether because of a large customer base or a critical effect on those served. (8) Human-centered design \nThe term human-centered design means an interdisciplinary methodology of putting individuals, including those who will use or be impacted by a product or service, at the center of any process to solve challenging problems. (9) Service delivery \nThe term service delivery means any actions by the Federal Government relating to the provision of a benefit or service to a customer of an agency during each stage of the process of delivering the benefit or service to the customer, including— (A) an application, renewal, or extension by a customer for a benefit or loan, including health services for veterans and a small business loan; (B) receipt by a customer of a service, including— (i) health care or small business counseling; and (ii) guidance to support commerce, transportation, employment rules, workplace safety, or public safety, including relating to ensuring clean water and consumer protection services; (C) a request or renewal by a customer for a document or other item, including a passport, driver's license, or Social Security card; (D) a submission by a customer of a Federal tax return; (E) a declaration of goods by a customer; (F) use by a customer of recreation resources and public spaces, including a park, historical site, or museum; (G) a request by a customer for information, including a notice, warning, or guidance about public health, safety, consumer protection, commerce, transportation, environment, employment, and workplace safety; and (H) a request by a customer for, or use by a customer of, data and research, including for applying for funding, conducting research, maintaining and preserving artifacts, and collecting, analyzing, reporting, and sharing data. (10) Voluntary customer feedback \nThe term voluntary customer feedback means the submission by a customer of information, an opinion, appreciation, or a concern following an interaction with an agency and relating to the interaction with the agency that is— (A) solicited by the agency and identified as voluntary at the time of solicitation; and (B) is voluntarily made by the customer.", "id": "idbe1cd65838164e42beac8d366f33d8b1", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Comprehensive customer experience action plan \n(a) In general \n(1) Designation \nNot later than 1 year after the date of enactment of this Act, the Director shall designate agencies and high-impact service providers to develop an annual customer experience action plan. (2) Submission of CX Action Plans \nNot later than 1 year after the date of enactment of this Act, and annually thereafter, at a time determined by the Director, the head of each designated entity shall submit to the Director and to Congress and make publicly available the CX Action Plan of the designated entity. (b) CX Action Plan contents \nThe CX Action Plan of a designated entity shall include— (1) a comprehensive customer experience strategy and corresponding implementation actions that adopt leading human-centered design practices that include— (A) conducting outreach to the public about the public services provided by the designated entity; (B) providing assistance to members of the public enrolling in or navigating the services of the designated entity; (C) streamlining and improving the accessibility of forms and digital experiences and ensuring the accessibility of services for customers with disabilities or limited English proficiency; (D) eliminating unnecessary administrative burdens on customers; (E) engaging in efforts to coordinate with other agencies to reduce the need for customers served by the designated entity to interact separately with multiple agencies; (F) preventing fraud and improving fraud and spam reporting capabilities; and (G) incorporating best practices from the private sector, including providing online services, telephone call-back services, and training to employees who provide customer service; (2) information on the average amount of time it takes the designated entity to resolve a customer request and an identification and assessment of any backlog issues for key designated entity services, including the resolution of requests for passport services, veteran records, determinations of Social Security benefits, the processing of applications for Federal retirement benefits, and other similar services; (3) an assessment of opportunities for the designated entity to— (A) co-locate the services of the designated entity with other Federal services, where appropriate and in response to demonstrated customer needs; (B) increase the use of digital channels and self-service options, while ensuring efficient multi-channel offerings, in accordance with the 21st Century Integrated Digital Experience Act ( 44 U.S.C. 3501 note); and (C) increase the quantity and improve the quality of protections for personally identifiable information in customer data; (4) actions to build the capacity of the designated entity to deliver leading services and manage customer experience, including updating guidance and training materials for employees of the designated entity; (5) specific proposals to improve customer experience and service delivery, including— (A) progress on the delivery of the CX Action Plan of the fiscal year in which the CX Action plan is submitted against the commitments of the CX Action Plan of the prior fiscal year, including the performance of priority services (including wait and processing times, customer feedback, and the information described in paragraph (3)); and (B) plans for the fiscal year following the submission of the CX Action Plan; and (6) the medium- and long-term customer experience strategies of the designated entity, including— (A) plans for the period of 3 to 5 fiscal years following the fiscal year of the submission of the CX Action Plan; and (B) plans for the period of 5 to 10 fiscal years following the fiscal year of the submission of the CX Action Plan. (c) Existing guidance \nIn developing the CX Action Plan, each designated entity shall adhere to existing and additional guidance provided by the Director.", "id": "id28b86f78997f4046a71349779f8fdecf", "header": "Comprehensive customer experience action plan", "nested": [ { "text": "(a) In general \n(1) Designation \nNot later than 1 year after the date of enactment of this Act, the Director shall designate agencies and high-impact service providers to develop an annual customer experience action plan. (2) Submission of CX Action Plans \nNot later than 1 year after the date of enactment of this Act, and annually thereafter, at a time determined by the Director, the head of each designated entity shall submit to the Director and to Congress and make publicly available the CX Action Plan of the designated entity.", "id": "ideab48e2af2df4e9caaa6cde32ea5bfa6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) CX Action Plan contents \nThe CX Action Plan of a designated entity shall include— (1) a comprehensive customer experience strategy and corresponding implementation actions that adopt leading human-centered design practices that include— (A) conducting outreach to the public about the public services provided by the designated entity; (B) providing assistance to members of the public enrolling in or navigating the services of the designated entity; (C) streamlining and improving the accessibility of forms and digital experiences and ensuring the accessibility of services for customers with disabilities or limited English proficiency; (D) eliminating unnecessary administrative burdens on customers; (E) engaging in efforts to coordinate with other agencies to reduce the need for customers served by the designated entity to interact separately with multiple agencies; (F) preventing fraud and improving fraud and spam reporting capabilities; and (G) incorporating best practices from the private sector, including providing online services, telephone call-back services, and training to employees who provide customer service; (2) information on the average amount of time it takes the designated entity to resolve a customer request and an identification and assessment of any backlog issues for key designated entity services, including the resolution of requests for passport services, veteran records, determinations of Social Security benefits, the processing of applications for Federal retirement benefits, and other similar services; (3) an assessment of opportunities for the designated entity to— (A) co-locate the services of the designated entity with other Federal services, where appropriate and in response to demonstrated customer needs; (B) increase the use of digital channels and self-service options, while ensuring efficient multi-channel offerings, in accordance with the 21st Century Integrated Digital Experience Act ( 44 U.S.C. 3501 note); and (C) increase the quantity and improve the quality of protections for personally identifiable information in customer data; (4) actions to build the capacity of the designated entity to deliver leading services and manage customer experience, including updating guidance and training materials for employees of the designated entity; (5) specific proposals to improve customer experience and service delivery, including— (A) progress on the delivery of the CX Action Plan of the fiscal year in which the CX Action plan is submitted against the commitments of the CX Action Plan of the prior fiscal year, including the performance of priority services (including wait and processing times, customer feedback, and the information described in paragraph (3)); and (B) plans for the fiscal year following the submission of the CX Action Plan; and (6) the medium- and long-term customer experience strategies of the designated entity, including— (A) plans for the period of 3 to 5 fiscal years following the fiscal year of the submission of the CX Action Plan; and (B) plans for the period of 5 to 10 fiscal years following the fiscal year of the submission of the CX Action Plan.", "id": "idf115280d45ca410f911572d4e41d7238", "header": "CX Action Plan contents", "nested": [], "links": [ { "text": "44 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/44/3501" } ] }, { "text": "(c) Existing guidance \nIn developing the CX Action Plan, each designated entity shall adhere to existing and additional guidance provided by the Director.", "id": "id73dd4c6eb0a140a9815296f9b8499e82", "header": "Existing guidance", "nested": [], "links": [] } ], "links": [ { "text": "44 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/44/3501" } ] }, { "text": "4. Oversight and annual report \n(a) In general \nThe Director shall— (1) ensure designated entity compliance with this Act; (2) facilitate sharing of leading practices between designated entities; and (3) review the comprehensive CX Action Plans of designated entities for consistency with existing customer experience guidance. (b) Annual report \nNot later than 180 days after the submission of all CX Action Plans under section 3(a), and annually thereafter, the Director shall make public recommendations for opportunities to streamline or co-locate critical Federal services.", "id": "id4ba90676baa64ac7a8288166e331117b", "header": "Oversight and annual report", "nested": [ { "text": "(a) In general \nThe Director shall— (1) ensure designated entity compliance with this Act; (2) facilitate sharing of leading practices between designated entities; and (3) review the comprehensive CX Action Plans of designated entities for consistency with existing customer experience guidance.", "id": "id0da2b9aa34994372b9c7cc2b7916a909", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Annual report \nNot later than 180 days after the submission of all CX Action Plans under section 3(a), and annually thereafter, the Director shall make public recommendations for opportunities to streamline or co-locate critical Federal services.", "id": "id78a21f9f3ddb444b8b6817a563f2823e", "header": "Annual report", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional oversight", "Government information and archives", "Performance measurement" ]

[ { "text": "1. Short title \nThis Act may be cited as the Expanding Whistleblower Protections for Contractors Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Defense contractor employees: protection from reprisal for disclosure of certain information \nSection 4701 of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking An employee and all that follows through services contractor and inserting A protected individual ; and (II) by striking disclosing and all that follows through evidence of ; and (ii) by striking subparagraphs (A), (B), and (C) and inserting the following subparagraphs: (A) Objecting or refusing to participate in any activity, policy, practice, or assigned task that the protected individual reasonably believes to be in violation of any law, rule, order, or regulation related to any contract, subcontract, grant, or subgrant. (B) Disclosing to a person or body described in paragraph (2) information that the protected individual reasonably believes is evidence of the following: (i) Gross mismanagement of any Department of Defense contract or grant, any gross waste of Department funds, any abuse of authority relating to any Department contract, subcontract, grant, or subgrant, or any violation of law, rule, or regulation related to any Department contract or subcontract (including the competition for or negotiation of a contract or subcontract) or grant or subgrant. (ii) Gross mismanagement of any National Aeronautics and Space Administration contract or grant, any gross waste of Administration funds, any abuse of authority relating to an Administration contract, subcontract, grant, or subgrant, or any violation of law, rule, or regulation related to any Administration contract or subcontract (including the competition for or negotiation of a contract or subcontract) or grant or subgrant. (iii) A substantial and specific danger to public health or safety. ; and (B) in paragraph (3)— (i) in subparagraph (A), by striking an employee and inserting a protected individual ; and (ii) by striking subparagraph (B) and inserting the following subparagraph: (B) it shall not be within the authority of an executive branch official to request that a contractor, subcontractor, grantee, or subgrantee engage in a reprisal prohibited by paragraph (1). ; (2) in subsection (c)— (A) in paragraph (1), by adding at the end the following subparagraph: (E) Propose appropriate disciplinary action against any executive branch official for any request made of a contractor, subcontractor, grantee, or subgrantee that subjected the complainant to a reprisal prohibited by subsection (a). ; and (B) by striking paragraph (7) and inserting the following paragraph: (7) Clarification for scope of waiver restrictions \n(A) The rights, forum, and remedies provided for in this section may not be waived by any public or private agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. (B) No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising under this section. ; (3) in subsection (f)— (A) by striking an employee and inserting a protected individual ; and (B) by striking the employee and inserting the protected individual ; (4) by redesignating subsection (g) as subsection (h); (5) by inserting after subsection (f) the following new subsection: (g) Affirmative defense \nEngaging in any activity protected against reprisal under this section shall be an affirmative defense in any civil or criminal action that seeks liability for engaging in such activity. ; and (6) in subsection (h), as so redesignated— (A) in paragraph (3), by inserting , including any Federal award as defined in section 2(a) of the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note) after agency ; (B) in paragraph (4), by inserting , including any person that is recipient of a Federal award as defined in section 2(a) of the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note) after agency ; and (C) by adding at the end the following new paragraph: (8) The term protected individual means— (A) a contractor, subcontractor, grantee, or subgrantee of the Department of Defense or the National Aeronautics and Space Administration, including— (i) the government of each of the several States, the District of Columbia, an Indian tribe or authorized tribal organization, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States; (ii) the government of any political subdivision of, agency of, or instrumentality of, a government listed in clause (i); and (iii) any entity that is recipient of a Federal award as defined in section 2(a) of the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note); (B) an employee, applicant, or former employee of a contractor, subcontractor, grantee, or subgrantee of the Department of Defense or the National Aeronautics and Space Administration, including an employee of— (i) the government of each of the several States, the District of Columbia, an Indian tribe or authorized tribal organization, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States; and (ii) the government of any political subdivision of, agency of, or instrumentality of, a government listed in clause (i); or (C) a person performing personal services for the Department of Defense or the National Aeronautics and Space Administration pursuant to a contractual agreement for the performance of personal services, including a personal services contract or personal services agreement, and who engages in an activity for which any reprisal is prohibited under subsection (a), including a person performing personal services pursuant such a contractual agreement for— (i) the government of each of the several States, the District of Columbia, an Indian tribe or authorized tribal organization, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States; and (ii) the government of any political subdivision of, agency of, or instrumentality of, a government listed in clause (i)..", "id": "id45C8651DA91B4262BD1347542512D076", "header": "Defense contractor employees: protection from reprisal for disclosure of certain information", "nested": [], "links": [ { "text": "31 U.S.C. 6101", "legal-doc": "usc", "parsable-cite": "usc/31/6101" }, { "text": "31 U.S.C. 6101", "legal-doc": "usc", "parsable-cite": "usc/31/6101" }, { "text": "31 U.S.C. 6101", "legal-doc": "usc", "parsable-cite": "usc/31/6101" } ] }, { "text": "3. Enhancement of non-defense contractor protection from reprisal for disclosure of certain information \nSection 4712 of title 41, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following paragraph: (1) In general \nA protected individual may not be discharged, demoted, or otherwise discriminated against as a reprisal for the following: (A) Objecting or refusing to participate in any activity, policy, practice, or assigned task that the protected individual reasonably believes to be in violation of any law, rule, order, or regulation related to any contract, subcontract, grant, or subgrant. (B) Disclosing to a person or body described in paragraph (2) information that the protected individual reasonably believes is evidence of the following: (i) Gross mismanagement of any Federal contract or grant, any gross waste of Federal funds, any abuse of authority relating to any Federal contract, subcontract, grant, or subgrant, or any violation of law, rule, or regulation related to any Federal contract or subcontract (including the competition for or negotiation of a contract or subcontract) or grant or subgrant. (ii) A substantial and specific danger to public health or safety. ; and (B) in paragraph (3)— (i) in subparagraph (A), by striking an employee and inserting a protected individual ; and (ii) by striking subparagraph (B) and inserting the following subparagraph: (B) it shall not be within the authority of an executive branch official to request that a contractor, subcontractor, grantee, or subgrantee engage in a reprisal prohibited by paragraph (1). ; (2) in subsection (c)— (A) in paragraph (1), by adding at the end the following new subparagraph: (E) Propose appropriate disciplinary action against any executive branch official for any request made of a contractor, subcontractor, grantee, or subgrantee that subjected the complainant to a reprisal prohibited by subsection (a). ; and (B) by striking paragraph (7) and inserting the following paragraph: (7) Rights, forum, and remedies not waivable \n(A) In general \nThe rights, forum, and remedies provided for in this section may not be waived by any public or private agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. (B) Validity \nNo predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising under this section. ; (3) in subsection (e)— (A) by striking an employee and inserting a protected individual ; and (B) by striking the employee and inserting the protected individual ; (4) in subsection (g)— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph (2): (2) The term contract includes any Federal award as defined in section 2(a) of the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note). ; and (C) by inserting after paragraph (3), as so redesignated, the following new paragraph: (4) The term protected individual means— (A) a contractor, subcontractor, grantee, or subgrantee of the Federal Government, including— (i) the government of each of the several States, the District of Columbia, an Indian tribe or authorized tribal organization, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States; (ii) the government of any political subdivision of, agency of, or instrumentality of, a government listed in clause (i); and (iii) any entity that is recipient of a Federal award as defined in section 2(a) of the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note); (B) an employee, applicant, or former employee of a contractor, subcontractor, grantee, or subgrantee of the Federal Government, including an employee of— (i) the government of each of the several States, the District of Columbia, an Indian tribe or authorized tribal organization, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States; and (ii) the government of any political subdivision of, agency of, or instrumentality of, a government listed in clause (i); or (C) a person performing personal services for the Federal Government pursuant to a contractual agreement for the performance of personal services, including a personal services contract or personal services agreement, including a person performing personal services pursuant to such a contractual agreement for— (i) the government of each of the several States, the District of Columbia, an Indian tribe or authorized tribal organization, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States; and (ii) the government of any political subdivision of, agency of, or instrumentality of, a government listed in clause (i). ; (5) by redesignating subsection (h) as subsection (i); and (6) by inserting after subsection (g) the following new subsection: (h) Affirmative defense \nEngaging in any activity protected against reprisal under this section shall be an affirmative defense in any civil or criminal action that seeks liability for engaging in such activity..", "id": "idB787A7928B31450CA6663A3099F17DD7", "header": "Enhancement of non-defense contractor protection from reprisal for disclosure of certain information", "nested": [], "links": [ { "text": "31 U.S.C. 6101", "legal-doc": "usc", "parsable-cite": "usc/31/6101" }, { "text": "31 U.S.C. 6101", "legal-doc": "usc", "parsable-cite": "usc/31/6101" } ] } ]

[ "Administrative remedies", "Department of Defense", "Employment discrimination and employee rights", "National Aeronautics and Space Administration", "Public contracts and procurement" ]

[ { "text": "1. Short title \nThis Act may be cited as the Care for COFA Veterans Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Expansion of existing authorities to provide health care to veterans in the Freely Associated States \n(a) Health care abroad \nSection 1724 of title 38, United States Code, is amended— (1) in subsection (a), by striking subsections (b) and (c) and inserting subsections (b), (c), and (f) ; and (2) by adding at the end the following new subsection: (f) (1) The Secretary may furnish hospital care and medical services in the Freely Associated States for any service-connected disability or non-service-connected disability. (2) In furnishing care and services under paragraph (1), the Secretary may furnish such care and services through contracts or other agreements, through reimbursement, or through the direct provision of care by health care personnel of the Department. (3) In this subsection, the term Freely Associated States means the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia, which have each entered into a Compact of Free Association with the United States.. (b) Beneficiary travel for treatment of service-Connected disabilities \nSection 111 of such title is amended by adding at the end the following new subsection: (h) (1) The Secretary may make payments provided for in this section to or for any person specified in subsection (b)(1)(A) for travel specified in that subsection to, from, or within the Freely Associated States. (2) In this subsection, the term Freely Associated States means the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia, which have each entered into a Compact of Free Association with the United States.. (c) Legal issues \nThe Secretary of Veterans Affairs, in consultation with the Secretary of State, shall work with the governments of the Freely Associated States to facilitate the furnishing of health services, including telehealth, under the laws administered by the Secretary of Veterans Affairs to veterans in the Freely Associated States, such as by addressing— (1) licensure, certification, registration, and tort issues relating to health care personnel; and (2) matters relating to deliveries of pharmaceutical products and medical surgical products, including deliveries of such products through the pharmacy of the Department of Veterans Affairs, to the Freely Associated States. (d) Outreach and assessment of options \nDuring the one-year period beginning on the date of the enactment of this Act, the Secretary of Veterans Affairs shall— (1) conduct robust outreach to and engage with each government of the Freely Associated States; and (2) assess options about the best way to furnish care under section 1724(f) of title 38, United States Code, as added by subsection (a). (e) Report on provision of health care to veterans in the Freely Associated States \nNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the implementation of the authorities provided pursuant to the amendments made by this section and any additional authorities and resources needed by the Secretary to carry out those authorities, including to carry out the following: (1) Reimbursement of care for non-service-connected disabilities in the Freely Associated States under section 1724(f) of title 38, United States Code, as added by subsection (a). (2) Contracts with local clinics and federally qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) )) in the Freely Associated States to provide care and services such section 1724(f), as so added. (3) Furnishing of telehealth services and technologies to veterans in the Freely Associated States by providers of the Department under such section 1724(f), as so added. (4) Payment under section 111(h) of title 38, United States Code, as added by subsection (b), for travel to, from, or within the Freely Associated States for veterans seeking health care for service-connected disabilities. (5) Construction of clinics in the Freely Associated States or leasing of space at military installations, embassy compounds, or consulate facilities to provide care under section 1724(f) of title 38, United States Code, as added by subsection (a). (6) Such other matters as the Secretary considers appropriate. (f) Freely Associated States defined \nIn this section, the term Freely Associated States means the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia, which have each entered into a Compact of Free Association with the United States.", "id": "ida4a8913b4ea74f7a8baf2164164a0785", "header": "Expansion of existing authorities to provide health care to veterans in the Freely Associated States", "nested": [ { "text": "(a) Health care abroad \nSection 1724 of title 38, United States Code, is amended— (1) in subsection (a), by striking subsections (b) and (c) and inserting subsections (b), (c), and (f) ; and (2) by adding at the end the following new subsection: (f) (1) The Secretary may furnish hospital care and medical services in the Freely Associated States for any service-connected disability or non-service-connected disability. (2) In furnishing care and services under paragraph (1), the Secretary may furnish such care and services through contracts or other agreements, through reimbursement, or through the direct provision of care by health care personnel of the Department. (3) In this subsection, the term Freely Associated States means the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia, which have each entered into a Compact of Free Association with the United States..", "id": "idcfd42a8d7ab34a3bb38f69fa98478dca", "header": "Health care abroad", "nested": [], "links": [] }, { "text": "(b) Beneficiary travel for treatment of service-Connected disabilities \nSection 111 of such title is amended by adding at the end the following new subsection: (h) (1) The Secretary may make payments provided for in this section to or for any person specified in subsection (b)(1)(A) for travel specified in that subsection to, from, or within the Freely Associated States. (2) In this subsection, the term Freely Associated States means the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia, which have each entered into a Compact of Free Association with the United States..", "id": "id42f4c62cb19f4e5abec05c3deb7397be", "header": "Beneficiary travel for treatment of service-Connected disabilities", "nested": [], "links": [] }, { "text": "(c) Legal issues \nThe Secretary of Veterans Affairs, in consultation with the Secretary of State, shall work with the governments of the Freely Associated States to facilitate the furnishing of health services, including telehealth, under the laws administered by the Secretary of Veterans Affairs to veterans in the Freely Associated States, such as by addressing— (1) licensure, certification, registration, and tort issues relating to health care personnel; and (2) matters relating to deliveries of pharmaceutical products and medical surgical products, including deliveries of such products through the pharmacy of the Department of Veterans Affairs, to the Freely Associated States.", "id": "ideab9ca36c6c94f298813434a6399340e", "header": "Legal issues", "nested": [], "links": [] }, { "text": "(d) Outreach and assessment of options \nDuring the one-year period beginning on the date of the enactment of this Act, the Secretary of Veterans Affairs shall— (1) conduct robust outreach to and engage with each government of the Freely Associated States; and (2) assess options about the best way to furnish care under section 1724(f) of title 38, United States Code, as added by subsection (a).", "id": "id9f51df2c651042a899abd2e8d93c7bfc", "header": "Outreach and assessment of options", "nested": [], "links": [] }, { "text": "(e) Report on provision of health care to veterans in the Freely Associated States \nNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the implementation of the authorities provided pursuant to the amendments made by this section and any additional authorities and resources needed by the Secretary to carry out those authorities, including to carry out the following: (1) Reimbursement of care for non-service-connected disabilities in the Freely Associated States under section 1724(f) of title 38, United States Code, as added by subsection (a). (2) Contracts with local clinics and federally qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) )) in the Freely Associated States to provide care and services such section 1724(f), as so added. (3) Furnishing of telehealth services and technologies to veterans in the Freely Associated States by providers of the Department under such section 1724(f), as so added. (4) Payment under section 111(h) of title 38, United States Code, as added by subsection (b), for travel to, from, or within the Freely Associated States for veterans seeking health care for service-connected disabilities. (5) Construction of clinics in the Freely Associated States or leasing of space at military installations, embassy compounds, or consulate facilities to provide care under section 1724(f) of title 38, United States Code, as added by subsection (a). (6) Such other matters as the Secretary considers appropriate.", "id": "id4b5938cb677c446baec6378918014972", "header": "Report on provision of health care to veterans in the Freely Associated States", "nested": [], "links": [ { "text": "42 U.S.C. 1396d(l)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" } ] }, { "text": "(f) Freely Associated States defined \nIn this section, the term Freely Associated States means the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia, which have each entered into a Compact of Free Association with the United States.", "id": "id315f520a6e044029b183f297466d3213", "header": "Freely Associated States defined", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1396d(l)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" } ] } ]

[ "Congressional oversight", "Health personnel", "Marshall Islands", "Micronesia", "Palau", "U.S. territories and protectorates", "Veterans' medical care", "Veterans' pensions and compensation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Nulhegan River and Paul Stream Wild and Scenic River Study Act of 2023.", "id": "HA7266DE870814A3B97AA2A9D32637BC5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments to the Wild and Scenic Rivers Act \n(a) Designation for study \nSection 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) ) is amended by adding at the end the following: (147) Nulhegan River and Paul Stream, Vermont \nThe following segments: (A) The approximately 22-mile segment of the main stem of the Nulhegan River from the headwaters near Nulhegan Pond to the confluence with the Connecticut River, and any associated tributaries (including the North, Yellow, Black, and East Branches). (B) The approximately 18-mile segment of Paul Stream from the headwaters on West Mountain to the confluence with the Connecticut River, and any associated tributaries.. (b) Study and report \nSection 5(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(b) ) is amended by adding at the end the following: (24) Nulhegan River and Paul Stream, Vermont \nNot later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall— (A) complete the study of the Nulhegan River and Paul Stream segments in Vermont described in subsection (a)(147); and (B) submit to the appropriate committees of Congress a report describing the results of such study..", "id": "H7D71647C280149DEABE46D2D20D223A7", "header": "Amendments to the Wild and Scenic Rivers Act", "nested": [ { "text": "(a) Designation for study \nSection 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) ) is amended by adding at the end the following: (147) Nulhegan River and Paul Stream, Vermont \nThe following segments: (A) The approximately 22-mile segment of the main stem of the Nulhegan River from the headwaters near Nulhegan Pond to the confluence with the Connecticut River, and any associated tributaries (including the North, Yellow, Black, and East Branches). (B) The approximately 18-mile segment of Paul Stream from the headwaters on West Mountain to the confluence with the Connecticut River, and any associated tributaries..", "id": "HF210F78006B54245892E4821B0C46117", "header": "Designation for study", "nested": [], "links": [ { "text": "16 U.S.C. 1276(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1276" } ] }, { "text": "(b) Study and report \nSection 5(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(b) ) is amended by adding at the end the following: (24) Nulhegan River and Paul Stream, Vermont \nNot later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall— (A) complete the study of the Nulhegan River and Paul Stream segments in Vermont described in subsection (a)(147); and (B) submit to the appropriate committees of Congress a report describing the results of such study..", "id": "H6CD55CD4177B4A1D92C80411A6D2ED75", "header": "Study and report", "nested": [], "links": [ { "text": "16 U.S.C. 1276(b)", "legal-doc": "usc", "parsable-cite": "usc/16/1276" } ] } ], "links": [ { "text": "16 U.S.C. 1276(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1276" }, { "text": "16 U.S.C. 1276(b)", "legal-doc": "usc", "parsable-cite": "usc/16/1276" } ] } ]

[ "Congressional oversight", "Government studies and investigations", "Lakes and rivers", "Vermont", "Wilderness and natural areas, wildlife refuges, wild rivers, habitats" ]

[ { "text": "1. Short title \nThis Act may be cited as the Justice Against Sponsors of Illicit Fentanyl Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds the following: (1) International drug trafficking is a serious and deadly problem that threatens the vital interests of the United States and the safety and health of every community in the United States. (2) Transnational criminal organizations, cartels, and violent gangs are leading perpetrators of drug trafficking, often combining the manufacture and distribution of synthetic opioids with violence, human smuggling and trafficking, firearms trafficking, and public corruption, and pose a sustained threat to the homeland security of the United States. (3) Illicit fentanyl is primarily produced in clandestine laboratories and trafficked into the United States in powder and pill form, including fentanyl-laced counterfeit pills. (4) The People's Republic of China (hereinafter in this section referred to as China ) is the primary source country of fentanyl precursor chemicals used to manufacture the illicit fentanyl that is trafficked into the United States. (5) The Commission on Combating Synthetic Opioid Trafficking, established under section 7221 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ), reported in 2022 that China, which supplied 70 to 80 percent of fentanyl seized by Federal authorities between 2014 and 2019, has been surpassed by Mexico as the dominant source of illicit fentanyl in the United States. (6) Illicit fentanyl is primarily trafficked by land into the United States through legal ports of entry, as well as between such ports of entry, with some trafficking facilitated by domestic and foreign-based social media and encrypted communication applications. (7) In fiscal years 2021 and 2022, U.S. Customs and Border Protection seized over 24,000 pounds of fentanyl at ports of entry, a 200 percent increase from the amounts seized in fiscal years 2019 and 2020. (8) Deaths caused by the trafficking of illicit fentanyl have reached epidemic proportions, as— (A) fentanyl was involved in nearly 200,000 deaths in the United States during the period between 2014 and 2020; (B) the number of drug overdose deaths in the United States surpassed 100,000 during the period between May 2020 and April 2021, of which over 64,000 deaths were related to fentanyl; and (C) fentanyl and other synthetic opioids caused approximately 2/3 of more than 107,000 fatal overdoses in the United States during 2021. (9) Overdose deaths remain a leading cause of injury-related death in the United States, and fentanyl-related deaths are the leading cause of deaths among adults aged 18 to 45. (10) Failure to meaningfully combat illicit fentanyl trafficking will continue to stress the health care and law enforcement resources of the United States. (11) It is necessary to recognize the substantive causes of action for aiding and abetting and conspiracy liability under the Controlled Substances Act ( 21 U.S.C. 801 et seq. ). (12) The decision of the United States Court of Appeals for the District of Columbia in Halberstam v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has been widely recognized as the leading case regarding Federal civil aiding and abetting and conspiracy liability, including by the Supreme Court of the United States, provides the proper legal framework for how such liability should function in the context of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ). (13) Persons, entities, or countries that knowingly or recklessly contribute material support or resources, directly or indirectly, to persons or organizations that pose a significant risk of committing acts of trafficking of illicit fentanyl that threaten the safety and health of nationals of the United States or the national security, foreign policy, or economy of the United States, necessarily direct such conduct at the United States, and should reasonably anticipate being brought to court in the United States to answer for that conduct. (14) The United States has a compelling interest in providing persons and entities injured as a result of the trafficking of illicit fentanyl into the United States with full access to the court system in order to pursue civil claims against persons, entities, or countries that have knowingly or recklessly provided material support or resources, directly or indirectly, to the persons or organizations responsible for their injuries. (b) Purpose \nThe purpose of this Act is to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided material support, directly or indirectly, to foreign organizations or persons that engage in the trafficking of illicit fentanyl into the United States.", "id": "id67574bfd31ed44b2bb9735cd06c3fc4e", "header": "Findings and purpose", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) International drug trafficking is a serious and deadly problem that threatens the vital interests of the United States and the safety and health of every community in the United States. (2) Transnational criminal organizations, cartels, and violent gangs are leading perpetrators of drug trafficking, often combining the manufacture and distribution of synthetic opioids with violence, human smuggling and trafficking, firearms trafficking, and public corruption, and pose a sustained threat to the homeland security of the United States. (3) Illicit fentanyl is primarily produced in clandestine laboratories and trafficked into the United States in powder and pill form, including fentanyl-laced counterfeit pills. (4) The People's Republic of China (hereinafter in this section referred to as China ) is the primary source country of fentanyl precursor chemicals used to manufacture the illicit fentanyl that is trafficked into the United States. (5) The Commission on Combating Synthetic Opioid Trafficking, established under section 7221 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ), reported in 2022 that China, which supplied 70 to 80 percent of fentanyl seized by Federal authorities between 2014 and 2019, has been surpassed by Mexico as the dominant source of illicit fentanyl in the United States. (6) Illicit fentanyl is primarily trafficked by land into the United States through legal ports of entry, as well as between such ports of entry, with some trafficking facilitated by domestic and foreign-based social media and encrypted communication applications. (7) In fiscal years 2021 and 2022, U.S. Customs and Border Protection seized over 24,000 pounds of fentanyl at ports of entry, a 200 percent increase from the amounts seized in fiscal years 2019 and 2020. (8) Deaths caused by the trafficking of illicit fentanyl have reached epidemic proportions, as— (A) fentanyl was involved in nearly 200,000 deaths in the United States during the period between 2014 and 2020; (B) the number of drug overdose deaths in the United States surpassed 100,000 during the period between May 2020 and April 2021, of which over 64,000 deaths were related to fentanyl; and (C) fentanyl and other synthetic opioids caused approximately 2/3 of more than 107,000 fatal overdoses in the United States during 2021. (9) Overdose deaths remain a leading cause of injury-related death in the United States, and fentanyl-related deaths are the leading cause of deaths among adults aged 18 to 45. (10) Failure to meaningfully combat illicit fentanyl trafficking will continue to stress the health care and law enforcement resources of the United States. (11) It is necessary to recognize the substantive causes of action for aiding and abetting and conspiracy liability under the Controlled Substances Act ( 21 U.S.C. 801 et seq. ). (12) The decision of the United States Court of Appeals for the District of Columbia in Halberstam v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has been widely recognized as the leading case regarding Federal civil aiding and abetting and conspiracy liability, including by the Supreme Court of the United States, provides the proper legal framework for how such liability should function in the context of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ). (13) Persons, entities, or countries that knowingly or recklessly contribute material support or resources, directly or indirectly, to persons or organizations that pose a significant risk of committing acts of trafficking of illicit fentanyl that threaten the safety and health of nationals of the United States or the national security, foreign policy, or economy of the United States, necessarily direct such conduct at the United States, and should reasonably anticipate being brought to court in the United States to answer for that conduct. (14) The United States has a compelling interest in providing persons and entities injured as a result of the trafficking of illicit fentanyl into the United States with full access to the court system in order to pursue civil claims against persons, entities, or countries that have knowingly or recklessly provided material support or resources, directly or indirectly, to the persons or organizations responsible for their injuries.", "id": "ide05a0df3ba5e47b2ad8b698896c125b1", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "21 U.S.C. 801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/801" }, { "text": "21 U.S.C. 801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/801" } ] }, { "text": "(b) Purpose \nThe purpose of this Act is to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided material support, directly or indirectly, to foreign organizations or persons that engage in the trafficking of illicit fentanyl into the United States.", "id": "id149e05dea6c449e6907df38b31ff8777", "header": "Purpose", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 116–92", "legal-doc": "public-law", "parsable-cite": "pl/116/92" }, { "text": "21 U.S.C. 801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/801" }, { "text": "21 U.S.C. 801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/801" } ] }, { "text": "3. Responsibility of foreign states for the trafficking of fentanyl into the united states \n(a) In general \nChapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following: 1605C. Responsibility of foreign states for the trafficking of fentanyl into the united states \n(a) Definition \nIn this section, the term fentanyl trafficking means— (1) means any illicit activity— (A) to produce, manufacture, distribute, sell, or knowingly finance or transport— (i) illicit fentanyl, including any controlled substance that is a synthetic opioid and any listed chemical (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )) that is a synthetic opioid utilized for fentanyl production; or (ii) active pharmaceutical ingredients or chemicals that are used in the production of fentanyl; (B) to attempt to carry out an activity described in subparagraph (A); or (C) to assist, abet, conspire, or collude with any other person to carry out an activity described in subparagraph (A); (2) a violation of section 401(a)(1) of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) ) involving manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance in or into the United States; (3) an attempt or conspiracy to commit a violation described in paragraph (2); (4) having manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance outside the United States with the intention of such fentanyl or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) , 846); or (5) having produced or manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, a substance that is a precursor to fentanyl or a fentanyl-related substance with the intention of such precursor, fentanyl, or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) , 846). (b) Responsibility of foreign states \nA foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by— (1) an act of fentanyl trafficking in or into the United States; and (2) a tortious act or acts of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, regardless where the tortious act or acts of the foreign state occurred. (c) Claims by nationals of the United States \n(1) Definition \nIn this subsection, the term person has the meaning given the term in section 1 of title 1. (2) Claims \nIf a foreign state would not be immune under subsection (b) with respect to an act of fentanyl trafficking in or into the United States, a national of the United States may bring a claim against the foreign state in the same manner, and may obtain the same remedies, as a claim with respect to an act of international terrorism brought under section 2333. (3) Aiding and abetting liability \nIn an action under paragraph (2) for an injury arising from an act of fentanyl trafficking in or into the United States, liability may be asserted as to any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of fentanyl trafficking. (4) Effect on other foreign sovereign immunities \nNothing in paragraph (3) affects immunity of a foreign state from jurisdiction under other law. (d) Rule of construction \nA foreign state shall not be subject to the jurisdiction of the courts of the United States under subsection (b) on the basis of an omission or a tortious act or acts that constitute mere negligence.. (b) Technical and conforming amendments \n(1) The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: 1605C. Responsibility of foreign states for the trafficking of fentanyl into the United States.. (2) Subsection 1605(g)(1)(A) of title 28, United States Code, is amended by striking or section 1605B and inserting , 1605B, or 1605C.", "id": "id36e5760307064052b8c1be95300eeed0", "header": "Responsibility of foreign states for the trafficking of fentanyl into the united states", "nested": [ { "text": "(a) In general \nChapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following: 1605C. Responsibility of foreign states for the trafficking of fentanyl into the united states \n(a) Definition \nIn this section, the term fentanyl trafficking means— (1) means any illicit activity— (A) to produce, manufacture, distribute, sell, or knowingly finance or transport— (i) illicit fentanyl, including any controlled substance that is a synthetic opioid and any listed chemical (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )) that is a synthetic opioid utilized for fentanyl production; or (ii) active pharmaceutical ingredients or chemicals that are used in the production of fentanyl; (B) to attempt to carry out an activity described in subparagraph (A); or (C) to assist, abet, conspire, or collude with any other person to carry out an activity described in subparagraph (A); (2) a violation of section 401(a)(1) of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) ) involving manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance in or into the United States; (3) an attempt or conspiracy to commit a violation described in paragraph (2); (4) having manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance outside the United States with the intention of such fentanyl or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) , 846); or (5) having produced or manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, a substance that is a precursor to fentanyl or a fentanyl-related substance with the intention of such precursor, fentanyl, or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) , 846). (b) Responsibility of foreign states \nA foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by— (1) an act of fentanyl trafficking in or into the United States; and (2) a tortious act or acts of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, regardless where the tortious act or acts of the foreign state occurred. (c) Claims by nationals of the United States \n(1) Definition \nIn this subsection, the term person has the meaning given the term in section 1 of title 1. (2) Claims \nIf a foreign state would not be immune under subsection (b) with respect to an act of fentanyl trafficking in or into the United States, a national of the United States may bring a claim against the foreign state in the same manner, and may obtain the same remedies, as a claim with respect to an act of international terrorism brought under section 2333. (3) Aiding and abetting liability \nIn an action under paragraph (2) for an injury arising from an act of fentanyl trafficking in or into the United States, liability may be asserted as to any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of fentanyl trafficking. (4) Effect on other foreign sovereign immunities \nNothing in paragraph (3) affects immunity of a foreign state from jurisdiction under other law. (d) Rule of construction \nA foreign state shall not be subject to the jurisdiction of the courts of the United States under subsection (b) on the basis of an omission or a tortious act or acts that constitute mere negligence..", "id": "idb666865153cf4768a880d173da53ccf9", "header": "In general", "nested": [], "links": [ { "text": "Chapter 97", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/97" }, { "text": "section 1605B", "legal-doc": "usc", "parsable-cite": "usc/28/1605B" }, { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" } ] }, { "text": "(b) Technical and conforming amendments \n(1) The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: 1605C. Responsibility of foreign states for the trafficking of fentanyl into the United States.. (2) Subsection 1605(g)(1)(A) of title 28, United States Code, is amended by striking or section 1605B and inserting , 1605B, or 1605C.", "id": "id6a8f9502e2454c87935bd6f7164af2bc", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "chapter 97", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/97" }, { "text": "section 1605B", "legal-doc": "usc", "parsable-cite": "usc/28/1605B" } ] } ], "links": [ { "text": "Chapter 97", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/97" }, { "text": "section 1605B", "legal-doc": "usc", "parsable-cite": "usc/28/1605B" }, { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" }, { "text": "chapter 97", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/97" }, { "text": "section 1605B", "legal-doc": "usc", "parsable-cite": "usc/28/1605B" } ] }, { "text": "1605C. Responsibility of foreign states for the trafficking of fentanyl into the united states \n(a) Definition \nIn this section, the term fentanyl trafficking means— (1) means any illicit activity— (A) to produce, manufacture, distribute, sell, or knowingly finance or transport— (i) illicit fentanyl, including any controlled substance that is a synthetic opioid and any listed chemical (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )) that is a synthetic opioid utilized for fentanyl production; or (ii) active pharmaceutical ingredients or chemicals that are used in the production of fentanyl; (B) to attempt to carry out an activity described in subparagraph (A); or (C) to assist, abet, conspire, or collude with any other person to carry out an activity described in subparagraph (A); (2) a violation of section 401(a)(1) of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) ) involving manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance in or into the United States; (3) an attempt or conspiracy to commit a violation described in paragraph (2); (4) having manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance outside the United States with the intention of such fentanyl or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) , 846); or (5) having produced or manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, a substance that is a precursor to fentanyl or a fentanyl-related substance with the intention of such precursor, fentanyl, or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) , 846). (b) Responsibility of foreign states \nA foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by— (1) an act of fentanyl trafficking in or into the United States; and (2) a tortious act or acts of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, regardless where the tortious act or acts of the foreign state occurred. (c) Claims by nationals of the United States \n(1) Definition \nIn this subsection, the term person has the meaning given the term in section 1 of title 1. (2) Claims \nIf a foreign state would not be immune under subsection (b) with respect to an act of fentanyl trafficking in or into the United States, a national of the United States may bring a claim against the foreign state in the same manner, and may obtain the same remedies, as a claim with respect to an act of international terrorism brought under section 2333. (3) Aiding and abetting liability \nIn an action under paragraph (2) for an injury arising from an act of fentanyl trafficking in or into the United States, liability may be asserted as to any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of fentanyl trafficking. (4) Effect on other foreign sovereign immunities \nNothing in paragraph (3) affects immunity of a foreign state from jurisdiction under other law. (d) Rule of construction \nA foreign state shall not be subject to the jurisdiction of the courts of the United States under subsection (b) on the basis of an omission or a tortious act or acts that constitute mere negligence.", "id": "id57a2889f9afe4f65b80d3c75e2a96e6f", "header": "Responsibility of foreign states for the trafficking of fentanyl into the united states", "nested": [ { "text": "(a) Definition \nIn this section, the term fentanyl trafficking means— (1) means any illicit activity— (A) to produce, manufacture, distribute, sell, or knowingly finance or transport— (i) illicit fentanyl, including any controlled substance that is a synthetic opioid and any listed chemical (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )) that is a synthetic opioid utilized for fentanyl production; or (ii) active pharmaceutical ingredients or chemicals that are used in the production of fentanyl; (B) to attempt to carry out an activity described in subparagraph (A); or (C) to assist, abet, conspire, or collude with any other person to carry out an activity described in subparagraph (A); (2) a violation of section 401(a)(1) of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) ) involving manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance in or into the United States; (3) an attempt or conspiracy to commit a violation described in paragraph (2); (4) having manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance outside the United States with the intention of such fentanyl or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) , 846); or (5) having produced or manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, a substance that is a precursor to fentanyl or a fentanyl-related substance with the intention of such precursor, fentanyl, or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) , 846).", "id": "idba75033efb1c492cb46aebb0c3dd825a", "header": "Definition", "nested": [], "links": [ { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" } ] }, { "text": "(b) Responsibility of foreign states \nA foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by— (1) an act of fentanyl trafficking in or into the United States; and (2) a tortious act or acts of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, regardless where the tortious act or acts of the foreign state occurred.", "id": "idfcea970d81d74750bea83d8412c0861d", "header": "Responsibility of foreign states", "nested": [], "links": [] }, { "text": "(c) Claims by nationals of the United States \n(1) Definition \nIn this subsection, the term person has the meaning given the term in section 1 of title 1. (2) Claims \nIf a foreign state would not be immune under subsection (b) with respect to an act of fentanyl trafficking in or into the United States, a national of the United States may bring a claim against the foreign state in the same manner, and may obtain the same remedies, as a claim with respect to an act of international terrorism brought under section 2333. (3) Aiding and abetting liability \nIn an action under paragraph (2) for an injury arising from an act of fentanyl trafficking in or into the United States, liability may be asserted as to any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of fentanyl trafficking. (4) Effect on other foreign sovereign immunities \nNothing in paragraph (3) affects immunity of a foreign state from jurisdiction under other law.", "id": "ide402e5a2c2b64ba996d9a464922fc0ea", "header": "Claims by nationals of the United States", "nested": [], "links": [] }, { "text": "(d) Rule of construction \nA foreign state shall not be subject to the jurisdiction of the courts of the United States under subsection (b) on the basis of an omission or a tortious act or acts that constitute mere negligence.", "id": "id629c55a9e66e40a0b5be6d154e8171f8", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" } ] }, { "text": "4. Stay of actions pending state negotiations \n(a) Exclusive jurisdiction \nThe courts of the United States shall have exclusive jurisdiction in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605C of title 28, United States Code, as added by section 3(a) of this Act. (b) Intervention \nThe Attorney General, in consultation with the Administrator of the Drug Enforcement Administration, may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605C of title 28, United States Code, as added by section 3(a) of this Act, for the purpose of seeking a stay of the civil action, in whole or in part. (c) Stay \n(1) In general \nA court of the United States may stay a proceeding against a foreign state in an action brought under section 1605C of title 28, United States Code, as added by section 3(a) of this Act, if the Secretary of State certifies that the United States is engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought. (2) Duration \n(A) In general \nA stay under this section may be granted for not more than 180 days. (B) Extension \n(i) In general \nThe Attorney General may petition the court for an extension of the stay for additional 180-day periods. (ii) Recertification \nA court shall grant an extension under clause (i) if the Secretary of State recertifies that the United States remains engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought.", "id": "id9953cba9b2684da99cd1f79a4427cec8", "header": "Stay of actions pending state negotiations", "nested": [ { "text": "(a) Exclusive jurisdiction \nThe courts of the United States shall have exclusive jurisdiction in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605C of title 28, United States Code, as added by section 3(a) of this Act.", "id": "id4cd12497c89645388f18c30b27eb3acd", "header": "Exclusive jurisdiction", "nested": [], "links": [] }, { "text": "(b) Intervention \nThe Attorney General, in consultation with the Administrator of the Drug Enforcement Administration, may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605C of title 28, United States Code, as added by section 3(a) of this Act, for the purpose of seeking a stay of the civil action, in whole or in part.", "id": "idc93df26b45a44772ac7e38b4d4b60474", "header": "Intervention", "nested": [], "links": [] }, { "text": "(c) Stay \n(1) In general \nA court of the United States may stay a proceeding against a foreign state in an action brought under section 1605C of title 28, United States Code, as added by section 3(a) of this Act, if the Secretary of State certifies that the United States is engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought. (2) Duration \n(A) In general \nA stay under this section may be granted for not more than 180 days. (B) Extension \n(i) In general \nThe Attorney General may petition the court for an extension of the stay for additional 180-day periods. (ii) Recertification \nA court shall grant an extension under clause (i) if the Secretary of State recertifies that the United States remains engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought.", "id": "id20af4a0ceec1457bbe0866edd81db8f5", "header": "Stay", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Severability \nIf any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any other person not similarly situated or to other circumstances, shall not be affected by the holding.", "id": "id2037d79e11ff420b89ebe55d0940ae67", "header": "Severability", "nested": [], "links": [] }, { "text": "6. Effective date \nThe amendments made by this Act shall apply to any civil action— (1) pending on, or commenced on or after, the date of enactment of this Act; and (2) arising out of an injury to a person, property, or business on or after January 1, 2013.", "id": "idbc6c903afbf54bc880291d94fceeb15e", "header": "Effective date", "nested": [], "links": [] } ]

[ "Civil actions and liability", "Diplomacy, foreign officials, Americans abroad", "Drug trafficking and controlled substances", "Judicial procedure and administration", "Sovereignty, recognition, national governance and status" ]

[ { "text": "1. Short title \nThis Act may be cited as the USDA Communication Regarding Oversight of Pesticides Act of 2023 or the USDA CROP Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Office of Pest Management Policy \nSection 614(c) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7653(c) ) is amended— (1) by striking In support and inserting the following: (1) In general \nIn support ; and (2) by adding at the end the following: (2) Environmental Protection Agency \n(A) Coordination of data \nThe Office of Pest Management Policy shall coordinate with the Environmental Protection Agency during the pesticide registration and reevaluation processes under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ) and section 408 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 346a ) with respect to any action that impacts the sale, distribution, or use of a pesticide to ensure that the Environmental Protection Agency has the following data for use and consideration in making decisions under those processes: (i) Department of Agriculture agronomic use data. (ii) Commercially available agronomic use data. (iii) Industry agronomic use data. (B) Economic viability of alternatives \nThe Office of Pest Management Policy shall coordinate with the Environmental Protection Agency to provide information relating to the economic viability of alternatives for consideration by the Environmental Protection Agency in making registration and reevaluation decisions described in subparagraph (A) that may affect agricultural producers. (3) Reasonable and prudent actions and measures \nThe Office of Pest Management Policy shall collaborate with the United States Fish and Wildlife Service and the National Marine Fisheries Service (referred to in this paragraph as the Services )— (A) to review the development of reasonable and prudent actions and measures as a result of consultations relating to actions under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ); and (B) to provide feedback to the Services on decisions relating to reasonable and prudent actions and measures that may affect agricultural producers. (4) Response required from the Environmental Protection Agency \n(A) Public comment \nBefore the publication of a proposed interim decision that includes more restrictive changes to a pesticide label, including a use, tolerance, or registration decision issued as part of a registration or reevaluation process under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ), the Administrator of the Environmental Protection Agency (referred to in this paragraph as the Administrator ) shall provide to the Office of Pest Management Policy an opportunity to comment on the decision for a period of 90 days. (B) Response \nIf the Administrator receives any comments under subparagraph (A), the Administrator shall— (i) respond to the comments; and (ii) publish that response in the Federal Register with the applicable proposed interim decision described in subparagraph (A). (C) Data and information provided by the Office \nThe Administrator shall publish with a proposed interim decision described in subparagraph (A), with respect to any data or information provided by the Office of Pest Management Policy under paragraph (2)— (i) a description of the use of the data or information by the Administrator; or (ii) if the Administrator determined not to use the data or information, a description of the reasons that the data or information was insufficient or otherwise not suitable for use by the Administrator. (D) Delaying effective date; phase out \nIf the Administrator receives any comments under subparagraph (A) in which the Office of Pest Management Policy indicates that there is not an economically viable alternative, the Administrator shall ensure that an interim decision or final decision issued as part of a reevaluation regarding— (i) more restrictive changes to a pesticide label, including a revocation or cancellation of a registration, shall take effect not earlier than the last day of the full growing season that begins after the date on which the interim decision or final decision, as applicable, and any comments by the Office of Pest Management Policy, are published in the Federal Register; or (ii) more restrictive changes to a pesticide label, including a revocation or cancellation of a registration and a use restriction under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ), that affect agricultural producers shall, in consultation with the Office of Pest Management Policy, take into consideration— (I) permitting the continued sale and use of existing stocks of the pesticide in accordance with that Act; and (II) any other authority to phase out the sale and use of the pesticide..", "id": "idEE19C3E8FF1140148B113EB2BF107DE9", "header": "Office of Pest Management Policy", "nested": [], "links": [ { "text": "7 U.S.C. 7653(c)", "legal-doc": "usc", "parsable-cite": "usc/7/7653" }, { "text": "7 U.S.C. 136 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/136" }, { "text": "21 U.S.C. 346a", "legal-doc": "usc", "parsable-cite": "usc/21/346a" }, { "text": "7 U.S.C. 136 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/136" }, { "text": "7 U.S.C. 136 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/136" }, { "text": "7 U.S.C. 136 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/136" } ] } ]

[ "Agricultural research", "Government information and archives", "Licensing and registrations", "Pest management" ]

[ { "text": "1. Short title \nThis Act may be cited as the Mental Health Workforce and Language Access Act of 2023.", "id": "H784D1AD060A742769C9ADC57B49FBBED", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Demonstration program to increase language access at eligible health centers \n(a) Grants \nThe Secretary shall carry out a demonstration program consisting of awarding grants to eligible health centers to recruit, hire, employ, and supervise qualified behavioral health professionals who— (1) are proficient in speaking and understanding both spoken English and at least one other spoken language, including any necessary specialized vocabulary, terminology, and phraseology; (2) are able to effectively, accurately, and impartially communicate directly with limited English proficient individuals in their primary language; and (3) are, or will be, employed— (A) directly by the eligible health center; or (B) through a contract between the eligible health center and the qualified behavioral health professional under which such professional provides services as part of the eligible health center's workforce or under supervision by the health center, in order to provide behavioral health services in another language. (b) Preference \nIn selecting grant recipients under subsection (a), the Secretary shall give preference to eligible health centers at which at least 10 percent of the patients are best served in a language other than English, as indicated by data in the Uniform Data System of the Health Resources and Services Administration (or any successor database). (c) Outreach \nAn eligible health center receiving a grant under this section shall use a portion of the grant funds to disseminate information about the behavioral health services supported through the grant. (d) Reports \n(1) Initial report \nNot later than 6 months after the first grants are awarded under subsection (a), the Secretary shall submit to the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives, the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate, and other appropriate congressional committees, a report on the implementation of the program under this section. Such report shall include— (A) the languages spoken by the qualified behavioral health professionals recruited pursuant to a grant under subsection (a); (B) the eligible health center at which each such professional was placed; (C) how many eligible health centers received grants under subsection (a); (D) an analysis, conducted in consultation with the eligible health centers receiving grants under subsection (a), of the effectiveness of such grants at increasing language access to behavioral health services; and (E) best practices, developed in consultation with eligible health centers receiving grants under subsection (a), for the recruitment and retention of qualified behavioral health professionals at such health centers. (2) Final report \nNot later than the end of fiscal year 2026, the Secretary shall submit to the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives, the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate, and other appropriate congressional committees, a final report on the implementation of the program under this section, including the information, analysis, and best practices described in subparagraphs (A) through (E) of paragraph (1). (e) Definitions \nIn this section: (1) The term eligible health center means a health center (as defined in section 330 of the Public Health Service Act ( 42 U.S.C. 254b )) that is already receiving assistance pursuant to one or more grants under such section 330 at the time of the award to such health center of a supplemental grant under subsection (a). (2) The term qualified behavioral health professional means— (A) a behavioral and mental health professional (as defined in section 331(a)(3)(E)(i) of the Public Health Service Act ( 42 U.S.C. 254d(a)(3)(E)(i) ); (B) a substance use disorder counselor; (C) an occupational therapist; or (D) an individual who— (i) has not yet been licensed or certified to serve as a professional listed in any of subparagraphs (A) through (C); and (ii) will serve at the eligible health center under the supervision of a licensed individual or certified professional so listed. (3) The term Secretary means the Secretary of Health and Human Services. (f) Funding \nSubject to the availability of appropriations, out of amounts otherwise appropriated under section 760(g) of the Public Health Service Act ( 42 U.S.C. 294k(g) ), the Secretary is authorized to use up to $10,000,000 for each of fiscal years 2024 through 2029 to carry out this section.", "id": "H478710CFC5A7408A9417A881A215730D", "header": "Demonstration program to increase language access at eligible health centers", "nested": [ { "text": "(a) Grants \nThe Secretary shall carry out a demonstration program consisting of awarding grants to eligible health centers to recruit, hire, employ, and supervise qualified behavioral health professionals who— (1) are proficient in speaking and understanding both spoken English and at least one other spoken language, including any necessary specialized vocabulary, terminology, and phraseology; (2) are able to effectively, accurately, and impartially communicate directly with limited English proficient individuals in their primary language; and (3) are, or will be, employed— (A) directly by the eligible health center; or (B) through a contract between the eligible health center and the qualified behavioral health professional under which such professional provides services as part of the eligible health center's workforce or under supervision by the health center, in order to provide behavioral health services in another language.", "id": "HA2D6FE490707491D90FAE32CA61E96A3", "header": "Grants", "nested": [], "links": [] }, { "text": "(b) Preference \nIn selecting grant recipients under subsection (a), the Secretary shall give preference to eligible health centers at which at least 10 percent of the patients are best served in a language other than English, as indicated by data in the Uniform Data System of the Health Resources and Services Administration (or any successor database).", "id": "HA2C2C9204D3640908D5F575102F3DFDF", "header": "Preference", "nested": [], "links": [] }, { "text": "(c) Outreach \nAn eligible health center receiving a grant under this section shall use a portion of the grant funds to disseminate information about the behavioral health services supported through the grant.", "id": "H24EA75ADF61F4B2DB5BAC835B553E34B", "header": "Outreach", "nested": [], "links": [] }, { "text": "(d) Reports \n(1) Initial report \nNot later than 6 months after the first grants are awarded under subsection (a), the Secretary shall submit to the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives, the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate, and other appropriate congressional committees, a report on the implementation of the program under this section. Such report shall include— (A) the languages spoken by the qualified behavioral health professionals recruited pursuant to a grant under subsection (a); (B) the eligible health center at which each such professional was placed; (C) how many eligible health centers received grants under subsection (a); (D) an analysis, conducted in consultation with the eligible health centers receiving grants under subsection (a), of the effectiveness of such grants at increasing language access to behavioral health services; and (E) best practices, developed in consultation with eligible health centers receiving grants under subsection (a), for the recruitment and retention of qualified behavioral health professionals at such health centers. (2) Final report \nNot later than the end of fiscal year 2026, the Secretary shall submit to the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives, the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate, and other appropriate congressional committees, a final report on the implementation of the program under this section, including the information, analysis, and best practices described in subparagraphs (A) through (E) of paragraph (1).", "id": "HFC0A58F4931645D2B4793B4633953A74", "header": "Reports", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) The term eligible health center means a health center (as defined in section 330 of the Public Health Service Act ( 42 U.S.C. 254b )) that is already receiving assistance pursuant to one or more grants under such section 330 at the time of the award to such health center of a supplemental grant under subsection (a). (2) The term qualified behavioral health professional means— (A) a behavioral and mental health professional (as defined in section 331(a)(3)(E)(i) of the Public Health Service Act ( 42 U.S.C. 254d(a)(3)(E)(i) ); (B) a substance use disorder counselor; (C) an occupational therapist; or (D) an individual who— (i) has not yet been licensed or certified to serve as a professional listed in any of subparagraphs (A) through (C); and (ii) will serve at the eligible health center under the supervision of a licensed individual or certified professional so listed. (3) The term Secretary means the Secretary of Health and Human Services.", "id": "H58BF6A53C910481996BE25B63CD3D550", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 254b", "legal-doc": "usc", "parsable-cite": "usc/42/254b" }, { "text": "42 U.S.C. 254d(a)(3)(E)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/254d" } ] }, { "text": "(f) Funding \nSubject to the availability of appropriations, out of amounts otherwise appropriated under section 760(g) of the Public Health Service Act ( 42 U.S.C. 294k(g) ), the Secretary is authorized to use up to $10,000,000 for each of fiscal years 2024 through 2029 to carry out this section.", "id": "H1FD5BF5ACBCD4F9580E6B530AF2BDB79", "header": "Funding", "nested": [], "links": [ { "text": "42 U.S.C. 294k(g)", "legal-doc": "usc", "parsable-cite": "usc/42/294k" } ] } ], "links": [ { "text": "42 U.S.C. 254b", "legal-doc": "usc", "parsable-cite": "usc/42/254b" }, { "text": "42 U.S.C. 254d(a)(3)(E)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/254d" }, { "text": "42 U.S.C. 294k(g)", "legal-doc": "usc", "parsable-cite": "usc/42/294k" } ] } ]

[ "Congressional oversight", "Employee hiring", "Foreign language and bilingual programs", "Health personnel", "Health programs administration and funding", "Mental health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Prohibiting Federal Emergencies for Abortion Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on declaration of Federal emergency relating to abortion \n(a) Prohibition on declarations of national emergencies relating to abortion under National Emergencies Act \nSection 201 of the National Emergencies Act ( 50 U.S.C. 1621 ) is amended by adding at the end the following: (c) Prohibition on declaring national emergences relating to abortion \n(1) In general \nThe President may not declare a national emergency under subsection (a) for purposes of— (A) promoting, supporting, or expanding access to abortion; or (B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. (2) Abortion defined \nIn this subsection, the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove a dead unborn child.. (b) Public Health Service Act \nSection 319 of the Public Health Service Act ( 42 U.S.C. 247d ) is amended by adding at the end the following: (g) Limitation \n(1) In general \nNotwithstanding this section, the Secretary may not declare a public health emergency under this section for the purpose of— (A) promoting, supporting, or expanding access to abortion; or (B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. (2) Definition \nIn this subsection, the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove a dead unborn child.. (c) Emergency declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act \nSection 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 ) is amended by adding at the end the following: (d) Prohibition on declarations relating to abortion \n(1) Abortion defined \nIn this subsection, the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove a dead unborn child. (2) Prohibition \nThe President may not declare that an emergency exists under subsection (a) for the purpose of— (A) promoting, supporting, or expanding access to abortion; or (B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion..", "id": "idC8A3D6FDB64C4C69AC1DEE1D4A95CC5C", "header": "Prohibition on declaration of Federal emergency relating to abortion", "nested": [ { "text": "(a) Prohibition on declarations of national emergencies relating to abortion under National Emergencies Act \nSection 201 of the National Emergencies Act ( 50 U.S.C. 1621 ) is amended by adding at the end the following: (c) Prohibition on declaring national emergences relating to abortion \n(1) In general \nThe President may not declare a national emergency under subsection (a) for purposes of— (A) promoting, supporting, or expanding access to abortion; or (B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. (2) Abortion defined \nIn this subsection, the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove a dead unborn child..", "id": "id79A168E8CFAF49E987305798A335656B", "header": "Prohibition on declarations of national emergencies relating to abortion under National Emergencies Act", "nested": [], "links": [ { "text": "50 U.S.C. 1621", "legal-doc": "usc", "parsable-cite": "usc/50/1621" } ] }, { "text": "(b) Public Health Service Act \nSection 319 of the Public Health Service Act ( 42 U.S.C. 247d ) is amended by adding at the end the following: (g) Limitation \n(1) In general \nNotwithstanding this section, the Secretary may not declare a public health emergency under this section for the purpose of— (A) promoting, supporting, or expanding access to abortion; or (B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion. (2) Definition \nIn this subsection, the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove a dead unborn child..", "id": "idCF1112B897E9408BA8AC5B7CC9D5A768", "header": "Public Health Service Act", "nested": [], "links": [ { "text": "42 U.S.C. 247d", "legal-doc": "usc", "parsable-cite": "usc/42/247d" } ] }, { "text": "(c) Emergency declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act \nSection 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 ) is amended by adding at the end the following: (d) Prohibition on declarations relating to abortion \n(1) Abortion defined \nIn this subsection, the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove a dead unborn child. (2) Prohibition \nThe President may not declare that an emergency exists under subsection (a) for the purpose of— (A) promoting, supporting, or expanding access to abortion; or (B) taking adverse action against or litigating against States that prohibit or otherwise restrict abortion..", "id": "idC441BD3803434B83865646A15756CAAF", "header": "Emergency declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act", "nested": [], "links": [ { "text": "42 U.S.C. 5191", "legal-doc": "usc", "parsable-cite": "usc/42/5191" } ] } ], "links": [ { "text": "50 U.S.C. 1621", "legal-doc": "usc", "parsable-cite": "usc/50/1621" }, { "text": "42 U.S.C. 247d", "legal-doc": "usc", "parsable-cite": "usc/42/247d" }, { "text": "42 U.S.C. 5191", "legal-doc": "usc", "parsable-cite": "usc/42/5191" } ] } ]

[ "Abortion", "Intergovernmental relations", "Presidents and presidential powers, Vice Presidents" ]

[ { "text": "1. Settlement of claims \n(a) Jurisdiction conferred on the United States Court of Federal Claims \n(1) In general \nNotwithstanding any other provision of law, the United States Court of Federal Claims shall have jurisdiction to hear, determine, and render judgment on a land claim of the Miami Tribe of Oklahoma under its Treaty with the United States of America signed at Grouseland August 21, 1805 (7 Stat. 91) (commonly known as the Treaty of Grouseland ), without regard to the statute of limitations, including section 2501 of title 28, United States Code, and any delay-based defense, no matter how characterized. (2) Jurisdiction expiration \nNot later than 1 year after the date of enactment of this Act, the jurisdiction conferred to the United States Court of Federal Claims under paragraph (1) shall expire unless the Miami Tribe of Oklahoma files a land claim under that paragraph. (b) Extinguishment of title and claims \nExcept for a claim filed under subsection (a)(1), all other claims, including any and all future claims, of the Miami Tribe of Oklahoma, or any member, descendant, or predecessor in interest to the Miami Tribe of Oklahoma, to land in the State of Illinois are extinguished.", "id": "idC4991C26E5AA43D29CBACDD2F24965D2", "header": "Settlement of claims", "nested": [ { "text": "(a) Jurisdiction conferred on the United States Court of Federal Claims \n(1) In general \nNotwithstanding any other provision of law, the United States Court of Federal Claims shall have jurisdiction to hear, determine, and render judgment on a land claim of the Miami Tribe of Oklahoma under its Treaty with the United States of America signed at Grouseland August 21, 1805 (7 Stat. 91) (commonly known as the Treaty of Grouseland ), without regard to the statute of limitations, including section 2501 of title 28, United States Code, and any delay-based defense, no matter how characterized. (2) Jurisdiction expiration \nNot later than 1 year after the date of enactment of this Act, the jurisdiction conferred to the United States Court of Federal Claims under paragraph (1) shall expire unless the Miami Tribe of Oklahoma files a land claim under that paragraph.", "id": "idcdab611747a14a1786c4023aa4139d10", "header": "Jurisdiction conferred on the United States Court of Federal Claims", "nested": [], "links": [] }, { "text": "(b) Extinguishment of title and claims \nExcept for a claim filed under subsection (a)(1), all other claims, including any and all future claims, of the Miami Tribe of Oklahoma, or any member, descendant, or predecessor in interest to the Miami Tribe of Oklahoma, to land in the State of Illinois are extinguished.", "id": "id296d7d7b20fa41749f3c5d93f5fb5e32", "header": "Extinguishment of title and claims", "nested": [], "links": [] } ], "links": [] } ]

[ "Drug trafficking and controlled substances", "Health programs administration and funding", "Health technology, devices, supplies", "Medical tests and diagnostic methods" ]

[ { "text": "1. Common or usual name for North American bison \nSection 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: (z) (1) Subject to subparagraph (2), if it is a food that is or contains any animal in the genus Bubalus and the labeling uses the term buffalo as a common or usual name for the food, unless the term used in the labeling is water buffalo. (2) Subparagraph (1) shall not be construed as prohibiting the use of the term buffalo as a common or usual name for the animal Bison bison bison (commonly known as the plains bison), or the animal Bison bison athabascae (commonly known as the wood bison)..", "id": "S1", "header": "Common or usual name for North American bison", "nested": [], "links": [ { "text": "21 U.S.C. 343", "legal-doc": "usc", "parsable-cite": "usc/21/343" } ] } ]

[ "Consumer affairs", "Food supply, safety, and labeling", "Meat" ]

[ { "text": "1. Short title \nThis Act may be cited as the 5G Spectrum Authority Licensing Enforcement Act or the 5G SALE Act.", "id": "idec803790d71749b692d1988bb7feca0c", "header": "Short title", "nested": [], "links": [] }, { "text": "2. FCC processing of applications for spectrum licenses awarded by auction \nIn the case of any applicant for a license or permit for the use of spectrum in the band of frequencies between 2496 megahertz and 2690 megahertz, inclusive, that the Federal Communications Commission selected through a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ) on or before March 9, 2023, and to whom the Commission has not granted the license or permit as of the date of enactment of this Act, the Commission may process the application of the applicant during the 90-day period beginning on the date of enactment of this Act.", "id": "S1", "header": "FCC processing of applications for spectrum licenses awarded by auction", "nested": [], "links": [ { "text": "47 U.S.C. 309(j)", "legal-doc": "usc", "parsable-cite": "usc/47/309" } ] } ]

[ "Licensing and registrations", "Radio spectrum allocation", "Telephone and wireless communication" ]